The Blasphemy Laws
By Air Marshal (Retd.) Ayaz Ahmed Khan
Los Angeles, CA
The public protest and mob uproar against changes in the Blasphemy Laws started several weeks back to avert an amendment to these laws by some PPP MNAs. The street protests gained momentum after the unwise and unfortunate statements of the late Mr Salman Taseer that he would have these laws amended. Reportedly, he had called the Blasphemy Laws a “black law”. This cost him his life.
He had announced that he would request President Zardari to forgive Asia Bibi. He had not comprehended the passion of the zealots and religious leaders to keep the Blasphemy Laws in place, nor did he realize the profound anger of the public over his statements. On January 4, 2011 the Governor’s guard Mumtaz Qadri fired 27 bullets into his body killing him instantaneously. This murder of a high dignitary in full public view should have been condemned by political and religious leaders. But most of them kept silent and did not condemn the crime. Neither did the media. The mob rage was on full display when one thousand Islamabad and Lahore lawyers showered rose petals on Mumtaz Qadri as he was taken to court. He accepted that he had killed Governor Salman Taseer for calling the blasphemy laws a black law. Within 24 hours of the murder, 2400 blogs on facebook had endorsed Qadri’s brutal action. Statements were issued by religious leaders, threatening to kill anyone grieving Mr Taseer’s murder. Showering flowers on the self-confessed assassin and threats of death to grief-stricken PPP workers, friends and relations for grieving is bizarre behavior which if condoned by the media, proves that our society and culture are sick and decadent. That the lawyers endorsed the murder implies their inclination towards law of the jungle in Pakistan.
General Zia-ul-Haq promulgated the Blasphemy Ordinance on 26 April 1984. It was part of his resolve to Islamize the Pakistani society. Some of his opponents called him a “fundamentalist Sunny dictator”. He promised elections after three months but remained president for eleven years by ruses and tricks. To stay in power perpetually, he instituted “the Doctrine of Necessity”. The formation of a puppet Majli-e-Shoora and referendum of December 01, 1984 were vividly indicative of his motives to remain in power. The Presidential directive for the referendum stipulated, “Whether the people of Pakistan wanted the Islamic Sharia law? If the people voted ‘yes’, then Zia-ul-Haq would be President for the next five years.” This was a clever way of staying in power by misusing Islam for perpetuating his dictatorship. Such arbitrary, illegal and unconstitutional farce was possible only under the military rule in Pakistan. To consolidate his hold, he promised Nizam-e-Mustafa, and created Sharia benches. These benches were shorn of all power when he was convinced that the dual legal system would create judicial anarchy.
Pakistan is a country where the Muslims worship Allah, by Salat, Zakat and Hajj; where Friday prayer in the mosque is a must, where the congregation listens to the Imam-e-Masajid in complete silence. The captive audience listening to the khutba, which often has political overtones, has helped the Ulema and the Maulvis in maintaining a hold on peoples’ minds. The Blasmephy Law has the fullest endorsement of our Khateebs and Ulema, and are a state guarantee that the Qur’an will be read and respected, and never defiled. That Muhammad the last prophet of Allah so dear and deeply loved and revered will be accorded the highest respect.
On March 26, 1996 Robin Raphael, the Assistant Secretary of State (widow of US Ambassador Raphael, who had died with General Zia-ul-Haq in the August 17, 1988 C-130 crash near Bhawalpur), testifying before the Foreign Relations Committee, had stated, “The United States recognized that the religious parties in Pakistan have ‘street power’ and not ‘ballot power’, and this is a major constraint for the Benazir Bhutto government to repeal Blasphemy Laws.” She revealed that 150 blasphemy cases had been lodged in Pakistan since 1986. But most of the cases were against the Ahmadi community, and none resulted in convictions. On February 22, 1995 the Lahore High Court acquitted Salamat Masih and Rehmat Masih on blasphemy charges. Both had been sentenced to death by a sessions judge on February 9, 1995 for writing blasphemous words on the wall of a mosque in 1993. During the appeal hearings, there were daily street demonstrations, by religious parties and anti-Christian groups, demanding that the sentence be carried out. Despite violent street protests the Lahore High Court ordered acquittal. The lawyers and judges at the time were not intimidated by the mobs, and the lawyers, who are the custodians of the law, presented their cases on merit.
It is important to study and understand sections of The Pakistani Criminal Code pertaining to the blasphemy laws.
Section 295 forbids damaging or defiling a place of worship or a sacred object. This clause provides protection to all religions.
Section 295-A forbids outraging religious feelings.
Section 295-B forbids disrespect and defiling the Qur’an.
Section 295-C forbids disrespect and defaming Prophet Muhammad (PBUH), the last messenger of Allah.
EXCEPT FOR SECTION 295-C, THE PROVISIONS OF 295 SECTIONS STIPULATE THAT AN OFFENCE BE A CONSEQUENCE OF THE ACCUSED’S INTENT. Defiling the Qur’an is punishable by imprisonment for life. Defaming Prophet Muhammad – PBUH - merits death with or without fine. A charge under section 295-C must be tried in the Session Court with a Muslim judge presiding. The blasphemy law therefore is simple and to the point. It does not profile other religions or communities. There is nothing in it against the Christians, who according to the Qur’ran are people of the Book. God made Mohammad his messenger, His last prophet, but in the Holy Qur’ran God the Lord of the universe gave prophethood to Moses, Jesus, Joseph (Yusuf) and many others mentioned in the Qur’an. My understanding is that the Blasphemy Law is for the protection of all religions and their places of worship. I am not a religious scholar, and I may be corrected if wrong. To amplify further Section 298 states:
Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
298-A prohibits the use of any derogatory remark or representation in respect of Muslim holy personages.
No judicial execution of a person charged with blasphemy has occurred in Pakistan. Article 45 of the Constitution says, "The President shall have power to grant pardon, reprieve and respite, and to remit, suspend or commute any sentence passed by any court, tribunal or other authority."
The law that may be useful in countering misuse of the Blasphemy Law is PPC 153 A (a), whoever “by words, either spoken or written, or by signs, or by visible representations or otherwise, promotes or incites, or attempts to promote or incite, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities” shall be fined and punished with imprisonment for a term that may extend to five years. This provision in the law is not discriminatory. It is the inflammatory speeches of radical clerics that create hysteria to take the law into own hands, and blame and kill the Christians and burn down their churches and houses without due investigation. The Christians in Pakistan live in fear and that is most unfortunate. It is the responsibility of the Muslims to remove their fear and feelings of insecurity.
On Jan. 12, 2011, Prime Minister Yousuf Raza Gilani once again said that there would be no amendments in the Blasphemy Law. He was emphatic that he being a Gilani Syed is a direct descendent of the holy prophet Muhammad - may Allah’s Peace be upon him, and will never change or amend the Blasphemy Law. With this assurance of the chief executive, the Prime Minister of Pakistan, street protests and threats by Ulema-e-Karam should come to an end.
(The scribe is a former Air Marshal of Pakistan Air Force who also served as Ambassador to Syria)
