By Grace Mubashir, New Age Islam
28 August 2023
The army, the intelligence community, and/or other governmental organizations no longer make up Pakistan’s deep state. Religious groups across the nation are the “state within the state’s” predictable allies. There is a rising concern about the court joining the deep State group as a partner. An International Crisis Group assessment from a few years ago claimed that “the judiciary has failed to uphold the constitution and to oppose Islamic legislation that violates fundamental rights.” The article made note of the fact that “the legacy of military rule in Pakistan includes discriminatory religious laws that undermine the rule of law, encourage vigilantism, and embolden religious extremists.” The research highlighted how the nation’s blasphemy law discriminates against people based on their religious beliefs and “imposes harsher sentences, including the death penalty, for offences against Islam.” According to the International Crisis Group (2008), Pakistan’s blasphemy law has been “widely abused, particularly by radical Sunni groups targeting religious minorities.” Since then, nothing has changed, and things have really gotten worse. The most recent incidents—that too within two months—have demonstrated that even Pakistan’s judiciary cannot be viewed as the last bastion of the common man.
How Frequent Is Blasphemy-Related Violence in Pakistan?
Blasphemy convictions are prevalent in Pakistan, despite the fact that no one has ever been executed. In addition, vigilante crowds have massacred dozens of people even before a case has been put on trial, even though the majority of convictions are overturned on appeal by higher courts. People with mental problems, famous politicians, members of religious minorities, students, and priests are among those who have been killed. Among other methods of extrajudicial execution, they have been burned to death, hanged by mobs, shot in courtrooms, and hacked to death on the side of the road.
At least 85 people have been murdered in connection with blasphemy accusations since 1990, according to local media and experts. Regardless of the evidence, judges considering blasphemy trials have reported feeling pressured to convict due to threats of physical violence if they don’t. Local police have been observed stepping aside and letting mobs carry out their attacks when anti-blasphemy violence flares up, frequently out of concern that they could be labelled as “blasphemers” themselves for not allowing lynchings.
Aljazeera had reported this March increasing incidents of blasphemy retributions in Pakistan often targeting minorities. Pakistan’s National Assembly passed a resolution on Jan. 17, 2023, to strengthen the country’s blasphemy laws, which carry the death sentence for insulting the Prophet Muhammad. The punishment is currently 10 years in prison or life in prison for anyone who is believed to have insulted the prophet’s companions, which may have included thousands of early Muslims.
Human rights advocates are worried that minorities, particularly Shiite Muslims, who are critical of many influential early Muslims, could be targeted by the new rules.
After Iran, Pakistan has the harshest blasphemy laws in the world. Over the previous three decades, around 1,500 Pakistanis have been accused of blasphemy. In a case highlighted by the international media, a university lecturer named Junaid Hafeez was given the death penalty in 2019 after being found guilty of defaming the Prophet on Facebook. His sentence has been challenged in court. Although there have never been any executions, Pakistan has seen extrajudicial killings for blasphemy. More than 80 people have been killed by mobs and vigilantes since 1990 on the grounds of allegedly insulting Islam.
Pakistan’s blasphemy law came under the global media spotlight almost a decade ago when a Christian woman, Asia Bibi, was sentenced by a court to death for alleged blasphemy by Pakistan’s Supreme Court. The visit of Taseer (former Governor of Punjab) to Bibi was seen as a show of solidarity for the Christian woman. Following his visit, Taseer said that the provisions of Pakistan’s “Black Law” regarding blasphemy were “unjust” and “unacceptable”. Taseer’s comments eventually led to his assassination by his own attendant in Islamabad on January 4, 2011. After several years, Asia Bibi’s conviction was annulled by the Supreme Court in 2018, but her release was met with protests from thousands of Islamists all over Pakistan. Similar incidents were reported during this period, most of which were targeted at Christian minorities. One of the most prominent incidents was the mob attack in Joseph Colony, Lahore’s Christian community, in March 2013, when a quarrel between two friends resulted in blasphemy charges and the destruction of up to 150 houses belonging to poor Christians. There have been reported several similar cases and incidents related to blasphemy in Pakistan in the coming years.
Harsh Amendments to The PPC Under General Zia
Blasphemy law in Pakistan is mainly derived from Sections 295 and 298 of the Pakistan Penal Code (PPC). The articles of incorporation essentially duplicate the amendments made to the Anglo-Indian Penal Code of 1860 regarding religious offences that apply to all religions. In 1927, Section 295-A was added to the Indian Penal Code following general tensions between the Hindu and Muslim communities. After gaining independence in 1947, Pakistan maintained a Penal Code inherited from the British colonial government. However, between 1947 and 1977, only 10 convictions related to the crime of anti-religion were handed down. Meanwhile, the Pakistani state must deal with issues related to religion and ethnic minorities.
The problem of the Ahmadis has remained a serious one since the riots against them in 1953. Successive governments have ignored their basic democratic rights, even under popular rule. For example, in 1974, during the reign of Prime Minister Zulfiqar Ali Bhutto, the National Assembly amended the 1973 Constitution of Pakistan to state that anyone “did not believe in absolute finality of Prophethood standard of the prophecy of Muhammad (peace be upon him), the last prophet or declared himself a prophet, in any sense of the word or description, after Muhammad (peace be upon him) ), or recognize such a claimant as a prophet or religious reformer, who is not a Muslim for purposes of the Constitution or the law, which considers itself a sect within Islam, specifically referred to as a “non-Muslim religious minority”. However, they have been repeatedly harassed in Pakistan and even the basic rights of a minority community have been violated throughout the years.
While a popular government (under Bhutto) did this draconian amendment to disempower the Ahmadis, it was during the military rule of General Zia, in the 1980s, that these ruthless provisions were further incorporated into the PPC. In 1991 Prime Minister Nawaz Sharif introduced the mandatory death penalty for blasphemy after the National Assembly failed to step in to reject the death penalty upheld by the Federal Sharia Court in 1990. According to Section 295-B of PPC (Defiling, etc., of the Holy Qur’an), “Whoever wilfully defiles, damages or desecrates a copy of the Holy Qur’an or of an extract therefrom or uses it in any derogatory manner or for any unlawful purpose shall be punishable with imprisonment for life.” As per Section 295(C) – use of derogatory remarks, etc., in respect of the Holy Prophet- “Whoever by words, either spoken or written, or by visible representation or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life, and shall also be liable to fine” (Pakistan 1860). Section 298-A(Use of derogatory remarks, etc., in respect of holy personages) says that “Whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo or insinuation, directly or indirectly, defiles the sacred name of any wife (Ummul Mumineen), or members of the family (Ahle-bait), of the Holy Prophet (peace be upon him), or any of the righteous Caliphs (Khulafa-e-Rashideen) or companions (Sahaaba) of the Holy Prophet (peace be upon him) shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.” While Section 298-B pertains to punishment for the “misuse of epithets, descriptions and titles, etc., reserved for certain holy personages or place,” Section 298-C prescribes punishment for a person of Quadiani group (Ahmadis,) etc., “calling himself a Muslim or preaching or propagating his faith” (Ibid). According to Pakistan’s Criminal Law (Amendment) Act, 2004, offences relating to Section 295C of the PPC, which prohibits derogatory remarks against the Prophet Muhammad (Pakistan 1860), must be investigated by a police officer at the level of the superintendent or above (Pakistan 2005). It should be noted that prior to the Zia military regime (1977-1988), the CPP did not have any provisions on penalties for blasphemy. As reported by The News International, only 10 blasphemy cases were tried in court in the 58 years from 1927 to 1985, but since 1986, especially after the CPP amendment, there have been more than 4,000 cases, citing data collected by many different organizations and NGOs working on this issue. According to information compiled by the Lahore-based Centre for Social Justice, 1,472 people were charged under blasphemy laws between 1987 and 2016. Oddly enough, the majority of defendants were Muslim (730) while there were 501 Ahmadis, 205 Christians and 26 Hindus.
In 2012, the United Nations Special Rapporteur on the Independence of judges and lawyers found that blasphemy laws “serve the private interests of extremist religious groups and are not solely contrary to the Constitution of Pakistan”, but also contrary to human rights standards, especially human rights standards”, issues related to non-discrimination and freedom of expression and opinion”. The Special Rapporteur also recommends that “Pakistan abolish or amend its blasphemy laws in accordance with its human rights obligations.” In addition, it is clarified that “the compulsory application of the death penalty, as provided for in Article 295-C, is prohibited by international human rights law”. The International Commission of Jurists (ICJ) has found that all the institutions of the Pakistani state – the executive, parliament and members of the judiciary – have “actually abdicated their responsibilities under the law”. human rights when people are accused of blasphemy, deliberately leaving them” to organized mobs and extremist religious groups, or face trials that are fundamentally unfair”.
According to the ICJ report, people accused of blasphemy remain vulnerable even after they officially become victims of the criminal justice system. In many cases, blasphemy defendants awaiting trial or serving time after conviction have been assaulted while in custody and the authorities have failed to protect them. Some were even killed. In some cases, it is the police who are the perpetrators. Individuals who are prosecuted for blasphemy are also routinely denied fair trial guarantees: blasphemy-related proceedings are unduly protracted; prior to trial accused persons are frequently unduly denied bail and are held in custody for extended periods of time awaiting trial; and while detained, they are often held in solitary confinement for prolonged periods.
Human rights groups and religious and ethnic minorities within and outside Pakistan continued to demand repeal of the draconian anti-blasphemy regulations which have been repeatedly misused to target minorities and all voices of dissent, but the successive governments remained apathetic. The US Commission on International Religious Freedom (USCIRF) in its Annual Report 2020 noted that the “systematic enforcement of blasphemy and anti-Ahmadiyya laws, and authorities’ failure to address forced conversions of religious minorities—including Hindus, Christians, and Sikhs—to Islam, severely restricted freedom of religion or belief.” On many occasions, the senior U.S. officials highlighted Pakistan’s religious freedom violations in their interactions with government agencies. The Annual Report 2020 stated that several ongoing trials linked with blasphemy charges saw prolonged delays as cases were shifted between judges. Besides, as the Report says, “these laws create a culture of impunity for violent attacks following accusations.”
The murder of Professor Khalid Hameed in March 2019 by a student over alleged ‘anti-Islamic’ comments is a case in point. Crowds attacked and burned Hindu shops and places of worship in Sindh following incidents involving allegations of blasphemy. Another mass attack against the Christian community was reported in Punjab recently. In another incident, up to 200 Christian families in Karachi were forced to flee their homes following mob attacks, after several Christian women were accused of blasphemy. USCIRF further pointed out that Ahmadi Muslims, whose faith has been criminalized, have become the target of “relentless repression by the authorities as well as social harassment because of their beliefs” by the government and the crowd.
Blasphemy Laws in Global Perspective
Blasphemy laws have historically been against the law for ages in many different nations. In nations where Semitic religions were dominant, this is clearly seen. Before Islam originated in the seventh century, scholars contend that blasphemy rules were a feature of both Judaism and Christianity. This took on greater significance in the modern age as ruling elites turned to strategies that would protect their regime interests and legitimacy. Many Western European nations still uphold blasphemy and related prohibitions, according to a study documented by the U.S. Congress. However, “there have been prosecutions in recent years in Austria, Finland, Germany, Greece, Switzerland, and Turkey.” In some nations, they are never put into practice.
However, “there have been prosecutions in recent years in Austria, Finland, Germany, Greece, Switzerland, and Turkey.” In some nations, they are never put into practice. “Laws prohibiting proselytizing or insulting religion are prevalent” throughout Eastern Europe and Central Asia. The study draws on the experiences of Belarus, Kazakhstan, Kyrgyzstan, Turkmenistan, and Uzbekistan to highlight some of the more recent incidents.
The majority of West Asian and North African nations have strict laws against insulting or derogatory statements made about Islam or religion in general. They include Algeria, Bahrain, Egypt, Iran, Jordan, Kuwait, Morocco, Qatar, Saudi Arabia, Sudan, Tunisia, the United Arab Emirates, and the West Bank, all of which have recently passed or tightened similar legislation. Comoros, Ethiopia, The Gambia, Kenya, Malawi, Mauritania, Nigeria, Rwanda, Somalia, Tanzania, and Zimbabwe are Sub-Saharan African nations have such laws outlawing blasphemy, proselytizing, or similar activities, albeit there is little information on their application.
Blasphemy laws are strictly enforced in Pakistan and Afghanistan in South Asia. The British Indian Penal Code (1860), which includes a blasphemy statute that apparently “is used by all of India’s faith groups when their religious sensibilities are hurt”, is still incorporated into the Indian Penal Code of independent nations. Bangladesh also has laws that follow this pattern, but not to the point where blasphemy is punishable by death. However, in 2013, tens of thousands of Muslims protested in Dhaka, calling on the government to pass legislation outlawing blasphemy and punishing anyone who disrespects Islam with the death sentence. A new blasphemy law carrying the death penalty was being pushed for by the Islamist group Jamaat-e-Islami (Al Jazeera, 7 April 2013). The Bangladeshi writer Taslima Nasreen had to flee her country in 1994 as a result of an Islamist fatwa against her for “casting aspersions on Islam” in her novel Lajja. But prime minister Sheikh Hasina claimed that no such law was required because the existing laws were sufficient to handle such cases.
Southeast Asian nations like Myanmar, Brunei, Indonesia, and Malaysia all have blasphemy-related legislation in force. Laos, the Philippines, Singapore, Thailand, Japan, and New Zealand are other nations in the area as well as East Asia and the Pacific that have similar laws. Canada has a blasphemy law in North America, but it is not enforced.
Is There Really A Blasphemy Law In Islam?
Regarding ‘laws’ that impose penalties (including the death sentence) for offending Islam or the Prophet Muhammad, there are conflicting interpretations. The main foundations of Islamic law are the Quran and the Sunnah, although, over the years, many schools of Islamic theology have interpreted them differently. Islamic law involves hermeneutical encounters with the text and settings of the Quran. The Quran has a number of allegories, analogies, and ambiguities, according to eminent Islamic scholars, which call for interpretations based on suitable standards of justice, fairness, and values of a decent life. In actuality, the Quran makes no mention of blasphemy. It didn’t show up anywhere in the development of Islamic law. The Quran contains numerous instances where unbelievers continued to mock and tease the Prophet.
However, there is no clear directive for penalizing those who made fun of him. Rather, the Quran commands Muhammad to leave the penalty for such insulting behaviour and disparaging remarks to God. Additionally, the Prophet should be granted God’s mercy and grace, according to the Quran.
Those who concur that Islamic traditions have had blasphemy laws since their inception will claim that these laws are founded on the Sunnah (prophet Muhammad’s sayings and actions). They cite the case of a Jewish woman who was allegedly murdered for penning provocative poetry critical of the Prophet and Islam. The claim that the Prophet “praised the man” who killed her has no basis in reality.
Another account, however, claims that the Jewish woman was actually murdered for sedition for violating the Medina Covenant and not for any profane remarks. You may recall that the Prophet frequently experienced insult, disdain, and denigration for his extreme actions whenever he was in Mecca. It was only logical that the Prophet would face an excessive number of foes in the rapidly developing environment of the establishment of an Islamic state. But he exhibited great patience and stayed unaffected.
There are numerous examples of this kind in the Quran itself.
The Surah 21:41 reads,
“Mocked were (many) apostles before thee; but their scoffers were hemmed in by the thing that they mocked” (Al-Anbiyaa – translation by Yusuf Ali).
The Surah 38:4 says,
“So, they wonder that a Warner has come to them from among themselves! and the Unbelievers say, “This is a sorcerer telling lies!” (Sad – translation by Yusuf Ali).
In spite of such attacks and ridicule, the Quran (Surah 73:10), advises the Prophet to “have patience with what they say and leave them with noble (dignity)” (Al-Muzzammil translation by Yusuf Ali).
The Surah 5:13 reads:
“But because of their breach of their Covenant We cursed them and made their hearts grow hard: they change the words from their (right) places and forget a good part of the Message that was sent them nor wilt thou cease to find them barring a few ever bent on (new) deceits: but forgive them and overlook (their misdeeds): for Allah loveth those who are kind” (Al-Maida, translation by Yusuf Ali).
The Surah 25:63 is rather categorical:
“And the servants of (Allah) Most Gracious are those who walk on the earth in humility and when the ignorant address them they say “Peace!” (Al-Furqan translation by Yusuf Ali).
The most oft-quoted Surah (2: 256) runs like this: “Let there be no compulsion in religion. Truth stands out clear from error; whoever rejects evil and believes in Allah hath grasped the most trustworthy hand-hold that never breaks. And Allah heareth and knoweth all things (Al–Baqara translation by Yusuf Ali).
Such acts of the Prophet’s compassion, humility, and patience during his lifetime cannot be disregarded by the “texts” of Islamic law. There are better methods than demanding death penalties to show love and respect for the Prophet. According to Ziauddin Sardar, an author and expert on Islam, who said that blasphemy laws have no validity in the Quran. Asghar Ali Engineer, claimed that the Prophet was “so spiritual that he would never indulge in seeking revenge for personal insult.” He was “a model human being to be followed by others”. He uses the example of a Jewish woman who used to throw trash on the Prophet whenever he passed by her house to mock him. However, the Prophet made no attempt to punish her. The Prophet inquired as to why the woman had not arrived with rubbish one day. The Prophet immediately rushed to see her after learning that she was unwell. After acting inappropriately with such a person, the woman felt ashamed of herself and joined Islam right away. According to Engineer, seeking revenge for an insult “betrays the worst human instincts” rather than being a sign of religiosity.
It should be remembered that there was very little like blasphemy legislation throughout the two centuries that followed the life of the Prophet Mohammad. The idea of blasphemy first gained considerable traction during the Abbasid era, around the start of the ninth century, especially in the context of revolt against Islam and the government. It is plausible that the idea took on additional dimensions in the context of establishing the legitimacy of the political authority of the governing regimes.
It became abundantly evident that the sole goal of Pakistan’s blasphemy law, which was introduced by a military dictator named Zia-ul-Haq, was to legitimize that country’s authoritarian government as an “Islamic state.” In order to gain a foothold in society through his military dictatorship, Gen. Zia also complied with the objective of Pakistan’s orthodox ulama. Since that time, even after the switch to democracy, nothing has changed.
In conclusion, Pakistan’s blasphemy laws raise serious concerns about both its own commitment to Islam and its compliance with international law. The deep state in Pakistan pays little attention to protecting the rights to freedom of expression, equality before the law, the avoidance of discrimination, and, most importantly, a fair trial.
Blasphemy laws have clear effects on the nation’s religious and racial minorities and lead to the problem of religious intolerance, fundamentalism, and radical Islam. The question is whether the deep state will permit the political forces and the civil society in the country to revisit the harsh blasphemy laws, in their current form, and repeal or significantly revise all religious offenses in accordance with its obligations under international human rights law. This is true even as Islamabad has come under international pressure to combat terrorism and religious extremism.
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A regular columnist for NewAgeIslam.com, Mubashir V.P is a PhD scholar in Islamic Studies at Jamia Millia Islamia and freelance journalist.