RELIGION
The Correct Way to Deal with Blasphemy Anti-blasphemy laws actually increase the incidents of alleged blasphemy BY M. BASHEER AHMED
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When it comes to blasphemy cases, even if the court declares you innocent, public sentiments are so high that they’d deliver their own verdict and be the judge, the jury and the witness, resulting in mob-killings.” BBC, “The Accused: Damned or Devoted?” February 2020 Angelina E. Theodorou writes that as of 2014, 26% of the world’s countries and territories had anti-blasphemy laws or policies (Pew Research Center, “Which countries still outlaw apostasy and blasphemy?”). In a number of (formerly) Christian-majority states, such laws may criminalize abusive or scurrilous speech about Christianity and often other religions and students accused him of posting derogatory comtheir adherents, because such incidents “have the tendency to lead to a breach ments on social media about the Prophet. Rashid of peace” (Kamran Hashemi, “Religious Legal Traditions, International Human Rehman, a prominent human rights lawyer who Rights Law and Muslim States,” 2008, p. 45). took up his case, was shot dead on May 7, 2014. In However, the injudicious application of these laws and policies often defeats December 2019 Hafeez, who maintains his innocence the intended objectives. Consider the British colonial era the Indian Penal Code, and states that he comes from a religious family, was which remains in force in India and Pakistan. It was ostensibly enacted in 1860 to found guilty and sentenced to death. He remains in create harmony among the Subcontinent’s diverse populations through a uniform solitary confinement. application of the law. Rising commuHafeez’s case is not unique. In April 2017 a vigilante mob nal tensions during the 1920s due to PUNISHING ALLEGED killed Mashal Khan, a 23-yearvarious Hindu and Muslim revivalist BLASPHEMERS VIOLATES THE movements, caused the relevant laws old university journalism student, QURANIC AND PROPHETIC to be amended in 1927 largely to mainand mutilated his corpse on the tain public order. On May 8, 2008, the TEACHINGS. IN FACT, PEOPLE WHO grounds that he had posted disreCriminal Justice and Immigration Act spectful statements on Facebook. SEEK TO “PROTECT” GOD OR HIS 2008 abolished the blasphemy laws of In 2010 Asia Bibi, a Christian MESSENGER VIA LYNCHING OR England and Wales (but not Scotland). female farm laborer from cenISSUING DEATH THREATS ARE The British-era section 295A, tral Punjab, was accused of which includes an anti-blasphemy THEMSELVES AN INSULT TO ISLAM insulting the Prophet, charged law, of the [now] Indian [Pakistani and with blasphemy and sentenced AND THE PROPHET. Myanmar] penal code, has not been to death. Pakistan’s Supreme repealed. Both India and Pakistan have Court acquitted her in January used it to prevent a free and honest discussion on religious issues, a policy that 2019. Punjab governor Salman Taseer and federal threatens free expression. minority affairs minister Shahbaz Bhatti were killed Muslim scholars define blasphemy as insulting or showing disrespect, contempt for supporting her. or lack of reverence to God, Prophet Muhammad (salla Allahu ‘alyahi wa sallam), Angry Muslims demonstrated against Charlie the Quran and the prophets mentioned therein. The five main jurisprudential Hebdo of Paris, a satirical magazine, for publishing schools — Hanafi, Maliki, Shafi, Hanbali and Ja‘fari — regard it as a capital offense. cartoons that ridiculed God and the prophets. On Jan. Hanafi, Shafi, and Ja‘fari scholars pardon those who repent; Maliki scholars do not. 7, 2015, two Muslims killed 12 of its employees. The Let us consider the case of Pakistan as an example. During 1987 to 2017, more subsequent edition had a print run of 7.95 million than 1,500 cases were registered in Pakistan and some 75 extrajudicial killings copies in six languages, compared to its typical print have occurred. The ongoing Junaid Hafeez case illustrates the dichotomy between run of 60,000 in French only. Clearly, the Muslims’ negative reaction only made the Quran and the juristic position. A Fulbright scholar in Mississippi, Hafeez returned home in March 2013 the magazine more popular. In response, an anti-Musand joined the faculty of a university in Multan. He was arrested after some lim group in Texas held a cartoon contest specifically to 56 ISLAMIC HORIZONS NOVEMBER/DECEMBER 2020
