Muslims Condemn Blasphemy Charges Against Christian Girl in Pakistan

Blasphemy has become a tool of harassment to a few who have nothing better to do than create chaos. We ask the people of Pakistan to seriously debate the blasphemy laws. Islam is about free will and as Muslims we need to stand against any oppression towards any human being following in the footsteps of the prophet.

Full article at: 

http://www.huffingtonpost.com/mike-ghouse/muslims-condemn-blasphemy-charges-against-pakistan-christian-girl_b_1815127.html

Muslims Condemn Blasphemy Charges against Christian teen In Paksitan

MUSLIMS CONDEMN BLASPHEMY CHARGES AGAINST CHRISTIAN TEEN IN PAKISTAN

Blasphemy has become a tool of harassment to a few who have nothing better to do than create chaos. We ask the people of Pakistan to seriously debate the blasphemy laws. Islam is about free will and as Muslims we need to stand against any oppression towards any human being following in the footsteps of the prophet.

Full article at: 

http://www.huffingtonpost.com/mike-ghouse/muslims-condemn-blasphemy-charges-against-pakistan-christian-girl_b_1815127.html

About Blasphemy

The purpose of this site is to bring together differing views on Blasphemy, and develop an understanding from Islamic point of view for the good of all humanity. Current Blasphemy laws and practices do not go with the values of Islam; free will and respect for life.

Your articles are invited and you can send to wmcarchives@gmail.com

Muslim Speaker Mike Ghouse

NURTURING PLURALISTIC VALUES EMBEDDED IN ISLAM 
A Muslim Speaker, thinker, organizer and an activist committed to building cohesive societies with a belief that what is good for Muslims has got to be good for the world and vice versa to sustain peace, harmony and prosperity.

To be a Muslim is to be a peace maker, one who constantly seeks to mitigate conflicts and nurtures goodwill for peaceful co-existence of humanity. God wants us to live in peace and harmony with his creation; Life and Matter. Over 1000 articles have been published on a range of topics in Islam and Pluralism. Insha Allah, a book outlining the Muslim vision is on the horizon.

In defense of Islam, pursuing a civil dialogue

http://www.dallasnews.com/news/columnists/steve-blow/20100919-In-defense-of-

Islam-pursuing-9397.ece  
O

ver and over you hear it said: If Muslims oppose terrorism, why don't they stand up and say it?

If that has been you, Mike Ghouse ought to be your hero.

It is hard to imagine that anyone has worked harder than the Carrollton resident to demonstrate the peaceful and moderate side of Islam.

And that effort includes personally visiting Dallas' First Baptist Church last Sunday just to put a friendly face on the "evil, evil religion" that the Rev. Robert Jeffress denounced a few weeks before.

"It was wonderful," Ghouse said of the visit. "We were so warmly received."
He hopes a quick chat with Jeffress will be the start of deeper discussion about Islam and the importance of respect between religions.

"I want to have a dialogue with him, not to say he is wrong but to share another point of view," Ghouse said.

The 57-year-old Muslim was born in India and has lived in the United States for 30 years. He owns a small property management firm. But most of his day is devoted to building bridges between people of different faiths.

"It is my passion," he said in his distinctive raspy voice.

He has been a guest a dozen times on Sean Hannity's TV and radio talk shows. "I don't like the way Sean cuts me off, but I have to honor him for giving the American public a semblance of another point of view."

Ghouse said he can understand fear and criticism of Islam because he went through a time of similar feelings. As a teen, he was troubled by passages of the Quran. He called himself an atheist for a while.

But he said deeper study led him to realize the Quran had been purposely mistranslated down through history.

In the Middle Ages, European leaders commissioned a hostile Quran translation to foster warfare against Muslim invaders.

Later, Muslim leaders produced another translation to inflame Muslims against Christians and Jews.

"It was all for politics," he said.
Ghouse said he hopes to present Jeffress with a modern, faithful translation and challenge him to find evil verses.

"If he can, I will convert. I will join his church," Ghouse said. "If he can't, I will call on him to retract his statements and become a peacemaker."

Ghouse acknowledges that deep problems persist within Islam. "Three steps forward, two steps back," he said with a sigh.

And he agrees that mainstream Muslims have not done enough to counter violent images of their faith.

"That is very true," he said. "But part of it is that many Muslims have given up hope that we will ever be heard."

He said repeated denunciations of terrorism seem to fall on deaf ears.

And some efforts have backfired - like the proposed Islamic information center in New York. He said it should be hailed for furthering the moderate Muslim cause.
Instead, it has deepened hostility toward Muslims.

I have been astounded by the amount of anti-Islam propaganda that circulates via e-mail. Tons of it has come my way in the last few weeks.

One theme is that people like Mike Ghouse can't be trusted, that Islam encourages deception.

But Ghouse says actions speak louder than words. And he points to elections in Muslim nations.

More than half of Muslims live in countries with some degree of democracy. And time and time again, Islamist parties are overwhelmingly rejected in favor of secular, mainstream parties.

"The religious parties don't get more than 3 percent of the vote," Ghouse said.
Polls show deep mistrust of Muslims. "But the most important question in those surveys is: 'Do you know anything about Islam?' " Ghouse said. "Most people say no."
What keeps him going is faith in Americans, he said.

"The majority of Americans, if they know the truth, they will change their minds."
 

# # #

Mike Ghouse is a speaker, writer, thinker, futurist and an activist of Pluralism, Islam, India and Civil Societies passionately offering pluralistic solutions on issues of the day.

He is a commentator at Fox News on the Hannity show, nationally syndicated Radio shows along with Dallas TV, Print and Radio networks and occasional interviews on NPR.  He has spoken at international forums including the Parliament of Worlds Religions in Melbourne, Middle East Peace initiative in Jerusalem, International Leadership conference in Hawaii, Washington and elsewhere.

Concerned by the divisiveness, he saw the need to bring Americans together and founded America Together Foundation committed to building a cohesive America, indeed it is in response to ACT America which is bent on pitching one American against the other.  We will be holding series of educational programs, conferences and workshops to address the issues that divide us such as Civil Right, GLBT, Quraan, Abortion, anti-Semitism, Islamophobia, Racial Profiling and Stereotyping.

The Annual Unity Day USA is in its 7^th year now, it is a purposeful event to bring Americans together, on this Unity Day, we the people of the United States of America of every faith, race, ethnicity, culture and background will gather to express our commitment to co-existence, unity, prosperity and wellbeing of our nation.  

Thanksgiving Celebration is in its 15^th year showcasing cultural diversity.

The 5^th Annual Reflections on Holocaust and Genocides is to learn and to acknowledge and reflect upon the terrible things we have inflicted upon each other and commit to avert such tragedies.  Through this event non-Jewish people have consciously learned about Holocaust for the first time, it was also for the first time that people of 14 faiths came together to join in to commemorate the Holocaust that commemorated within the Jewish Community for years. They are not alone anymore in their anguish, we are all in it together with them, and it is a Muslim initiative to effect a positive change.

The programs, seminars and workshops conducted by the Foundation for Pluralism have become a part of the America Together Foundation. While the Foundation for Pluralism continues championing the idea of co-existence through respecting and accepting the otherness of other, the commitment to nurturing the pluralistic ideals embedded in Islam through the World Muslim Congress continues.

# # #

Full Profile at:  http://www.mikeghouse.net/MuslimSpeaker.MikeGhouse.asp   

Mike is working on two books scheduled to be released this year; The American Muslim Agenda and My Journey to Pluralism.

Mike has written over 1000 Articles on Pluralism, Islam, India, Peace & Justice and civil societies published in a wide spectrum of Newspapers and Magazines around the world.

Locally, he is a panelist at Dallas Morning News's and writes weekly on a range of issues facing the nation. Washington Post, Huffington Post and other news papers and sites regularly publish his work.  

Mike is available to speak on Pluralism, Islam, Civil Societies, and Peace & Justice at your place of worship, school, work place, seminars, workshops or conferences. His work is reflected at three websites & twenty two Blogs listed at http://www.MikeGhouse.net/

Punishment for Blasphemy: a Pre-Islamic Practice

Punishment  for Blasphemy: a Pre-Islamic Practice

Those who believe that anyone who ridicules the Prophet Muhammad should be hanged,  can  produce no clear commandment from the Quran or Hadith  to  support  this  belief. They merely give  a distorted  version  of some incident  which  took  place  during the Prophet’s time and say that such and such a person  involved  in this incident was put  to  death  because he was a blasphemer. The case of Kab ibn Ashraf is generally cited  in support their ill-conceived argument.

Kab ibn Ashaf (d. 624 A.D.) a  native of    Medina, was  a poet as well as an orator. His mother belonged  to the  Banu Nadhir, a Jewish tribe.  In the early days of Islam in Medina, he started defaming the Prophet and his followers, satirizing them  in  his  poems and speeches.

It is clearly mentioned in Al-Bidayah wa’l Nihaya by Ibn Kathir (pp. 326-336, Vol. 5) that when Kab ibn Ashaf started defaming the Prophet, the only  action taken by   the  latter  was to ask Hassan ibn Thabit, one of the Companions who  was a poet, to counter his false allegations. On the Prophet’s advice, Hassan ibn Thabit, then  composed verses in which he refuted the false propaganda  directed against the Prophet  by Kab ibn Ashraf. 

The Prophet entered into an agreement with several tribes of Medina, including  the Banu Nadhir tribe of which Kab ibn Asharaf was a member, that they would not support any other tribe against the Muslims. But Kab ibn Ashaf broke this agreement by visiting Mecca and inciting the Quraysh against the Muslims. He told the Quraysh leaders to attack the Muslims from outside Medina and his tribe will attack the Muslims at the same time from inside the city. He became the ring leader of a group  whose  sole  aim was to incite people against the Prophet and his followers. This was a clear violation of the agreement between the Prophet and the Banu Nadhir tribe. He not only turned his own tribe against the  Muslims but also played a major role in inciting other tribes such as the  Aws.

This was a clear act of violation of the agreement between the Prophet and the Banu Nidhir tribe and it amounted to treason against and betrayal  of the state of Medina.

He was put to death on account  of this act of treason and his conspiring against the state, and not because  of his satire and ridicule of the Prophet.

The contention of a modern scholar, Sheikh Mohammed Riza, that Kab ibn Ashraf was hanged for blasphemy is meaningless, as  it  is  unsupported  by any clear reference from the Quran, the Hadith or from the writings of the early scholars of Islam.

Anyone  who  cares   to go through the attached pages of Al-Badaya Wan Nihya by Ibu Kathir, will  find   that the case of Kab ibn Ashaf was clearly  one of treason against the state and not of blasphemy.

Before Islam, during the pagan age, or jahiliya, many people were prosecuted on  account of their faith. The Quran refers to this in the following verse:

They ill-treated them for no other reason than that they believed in God, the Almighty, the Praiseworthy. (Al-Buruj, 85:8).

With  the  advent of  Islam, the age-old pagan practice of prosecuting people on account of their faith was   abolished. But the Muslims in the Abbasi period revived the former pre-Islamic custom of prosecuting people on  a charge of blasphemy against the Prophet. This was highly irregular and totally against the principles of Islam, as the Quran only sanctions capital punishment for those who have committed  a crime such as murder. There is not a single injunction in the Quran and the Hadith to  the  effect that anyone who says anything against the Prophet should  be put to death. Rather the Quran asks the Prophet and the believers to be as patient as  the other great prophets who endured such  conduct with patience (Al-Ahqaf, 46:35).

The world is a  testing ground. Here, everyone is free to do whatever he likes. Without freedom, it   is not possible  to  put  human beings to  the   test.. People’s freedom of speech cannot  then be snatched away when it has  been given to them by none other than God Almighty Himself.    Punishment  for blasphemy  cannot  therefore  be  countenanced.

Secondly, the killing of  a   person accused of blasphemy by an individual (as  was done recently in Pakistan) is definitely haram. In Islamic law, it is quite clear that if a person is accused of committing a crime, his case will go to the authorities  who will file a case against him. His case will then be examined by a state authorized court in  which the  testimony  of  four witnesses will be heard,  after  which the court, having gone through a proper legal process, will give its verdict. If the accused is found guilty, then the law enforcement agencies will carry out the punishment. But if any  member of the public picks up a gun and,  taking  the law  into  his own  hands, shoots down a person whom he considers a blasphemer, he    will be considered  to  have  acted totally against the spirit of Islam.

In the same way, the case of Abdullah ibn Khatal was not one of blasphemy. It is true that he too, like Kab ibn Ashraf, used to ridicule the prophet in his poetry. But his punishment was not because of blasphemy of the Prophet, but on  account  of a murder  he  committed. He killed his servant  and, as a punishment for that, he was put to death.  Reference is  made  to  this in Ibn Taimiya’s book, Al-Sarim al Maslul ala Shatim al-Rasul, page 265, Vol. 2. (Arabic text attached).

The most important thing which the proponents of the blasphemy law have  chosen  to  ignore is that it is a very important principle of fiqh (Islamic law) that, before making such a law, there has to be a clear reference  to  it in the nass, or text of the Quran and the Hadith.

The Quran makes   the  very  clear statement  that if anyone killed a person, his  action would be seen as killing the entire mankind (al-Maida, 5:32) Supposing   the Almighty  had seen  fit  to  award  such  a punishment as  the execution  of  anyone who ridiculed  the Prophet Muhammad, how  is  it    that, on  this  particular  issue,   the Quran  makes no  statement   whatsoever?

Saniyasnain Khan

www.goodwordbooks.com

Quraan on Blasphemy

The most consistent theme in Quraan is - no aggression. You shall not mess things and get caught in the whole ball of wax,  but you have a right to defend yourselves. God's wisdom surfaces consistently through a variety of messengers including Jesus and Muhammad - do not aggravate the conflict, i.e., turn the other cheek to sustain the peace. 

Those of you who do not believe in the fire, hell, brimstone etc, take is as the anguish and turmoil within the soul.

Muhammad Irtaza has compiled several verses below and I have added Asad's translation where needed to ensure checks and balances.  

I urge you to do your own versification, finding the truth is your own responsibility. 

The Messenger of God Muhammad delivered the following messages on the Blasphemy Laws:
  
4:140 (Asad) And, indeed, He has enjoined upon you in this divine writ that whenever you hear people deny the truth of God's messages and mock at them, you shall avoid their company until they begin to talk of other things   [ Lit., "you shall not sit with them until they immerse themselves in talk other than this".]  - or else, verily, you will become like them. Behold, together with those who deny the truth God will gather in hell the hypocrites.

5:57 (Asad) O you who have attained to faith! Do not take for your friends such as mock at your, faith and make a jest of it-be they from among those who have been vouchsafed revelation before your time, or [from among] those who deny the truth [of revelation as such] -but remain conscious of God, if you are [truly] believers:

[6:68] If you see those who mock our revelations, you shall avoid them until they delve into another subject. If the devil causes you to forget, then, as soon as you remember, do not sit with such evil people.

[18:106] Their just requital is Hell, in return for their disbelief, and for mocking My revelations and My messengers.

[39:48] The sinful works they had earned will be shown to them, and the very things they used to mock will come back to haunt them.

[45:33] The evils of their works will become evident to them, and the very things they mocked will come back and haunt them.

Why the Muslim masses ignore the Messenger Muhammad?  Who they want to please?

The punishment is delivered by God, not by you or me.

The killing is justified only if  people wage  war against you. You may kill them, in that case:

[5:33] (Asad) It is but a just recompense for those who make war on God and His apostle, ^[43] and endeavour to spread corruption on earth, that they are being slain in great' numbers, or crucified in great numbers, or have, in l' result of their perverseness, their hands and feet cut off in great numbers, ^[44] or are being [entirely] banished from [the face of] the earth: such is their ignominy in this world . ^[45] But in the life to come [yet more] awesome suffering awaits them


43- The term "apostle" is evidently generic in this context. By "making war on God and His apostle" is meant a hostile opposition to, and wilful disregard of, the ethical precepts ordained by God and explained by all His apostles, combined with the conscious endeavour to destroy or undermine other people's belief in God as well

44- In classical Arabic idiom, the "cutting off of one's hands and feet" is often synonymous with "destroying one's power", and it is possibly in this sense that the expression has been used here. Alternatively, it might denote "being mutilated", both physically and metaphorically -similar to the (metonymical) use of the expression "being crucified" in the sense of "being tortured". The phrase min khilaf-usually rendered as "from opposite sides"-is derived from the verb khalafahu, "he disagreed with him", or "opposed him", or "acted contrarily to him": consequently, the primary meaning of min khilaf is "in result of contrariness" or "of perverseness"

The killing is not justified if people evict you. You may only evict them:

[2:191] You may kill those who wage war against you, and you may evict them whence they evicted you. Oppression is worse than murder. Do not fight them at the Sacred Masjid, unless they attack you therein. If they attack you, you may kill them. This is the just retribution for those disbelievers.

The killing is not justified if people insult the Prophet. God will take care of it. 

[18:106] Their just requital is Hell, in return for their disbelief, and for mocking My revelations and My messengers

And, these are some of the Quranic wisdoms:

[42:37] They avoid gross sins and vice, and when angered they forgive

[42:40] Although the just requital for an injustice is an equivalent retribution, those who pardon and maintain righteousness are rewarded by GOD. He does not love the unjust.

Proposed Amendments to Blasphemy Laws in Pakistan

The existing Blasphemy Laws of Pakistan are reproduced below together with the changes proposed by a private member's bill in Parliament (Sherry Rehman's bill).  Scroll down quickly to have an overview of our existing laws and the proposed changes. Proposed deletions are shown as strikethrough and proposed additions in (brackets).  This will give you a broad feel of what we are talking about.  I am sure most people have not seen the existing laws or the proposed changes in context of the existing laws.  (I have used Sherry Rehman's bill only as an example of changes that could be considered because it is the only one I know that is in the public domain.)

Then read the rest of my email which you will find after you have scrolled down.

EXISTING LAWS AND
PROPOSED AMENDMENTS TO THE BLASPHEMY LAWS

National Assembly of Pakistan

Amendments in Offences Related to Religion

Amendments in the Pakistan Penal Code and Criminal Procedure Code

Proposed by Sherry Rehman, MNA

Proposed deletions are shown as strikethrough and proposed additions in (brackets).

PAKISTAN PENAL CODE

(ACT XLV OF1860)

Chapter 15

Offences Relating to Religion

295. Injuring or defiling place of worship, with intent to insult the religion of any class: Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction damage or defilement as an insult to their religion shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

295-A. Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs: Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of the citizens of Pakistan, by words, either spoken or written, or by visible representations insults the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to ten (two) years, or with fine, or with both.

295-B. Defiling, etc., of Holy Quran: Whoever wilfully defiles, damages or desecrates a copy of the Holy Quran or of an extract therefrom or uses it in any derogatory manner or for any unlawful purpose shall be punishable with imprisonment for life (shall be punishable with imprisonment of either description for a term which may extend to five years, or with fine or with both).

295-C. Use of derogatory remarks, etc., in respect of the Holy Prophet: Whoever (maliciously, deliberately and intentionally) 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 (shall be punishable with imprisonment of either description for a term which may extend to ten years, or with fine or with both).

296. Disturbing religious assembly: Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

297. Trespassing on burial places, etc.: Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sculpture, or any place set apart for the performance of funeral rites or as a, depository for the remains of the dead, or offers any indignity to any human corpse or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

298. Uttering words, etc., with deliberate intent to wound religious feelings: 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. Use of derogatory remarks, etc., in respect of holy personages: Whoever (maliciously, deliberately and intentionally) 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.

298-B. Misuse of epithets, descriptions and titles, etc., reserved for certain holy personages or places: (1) Any person of the Quadiani group or the Lahori group (who call themselves “Ahmadis” or by any other name) who by words, either spoken or written, or by visible representation (maliciously, deliberately and intentionally) –

(a) refers to or addresses, any person, other than a Caliph or companion of the Holy Prophet Muhammad (peace be upon him), as “Ameer-ul-Mumineen”, “Khalifatul-Mumineen”, Khalifa-tul-Muslimeen”, “Sahaabi” or “Razi Allah Anho”;

(b) refers to, or addresses, any person, other than a wife of the Holy Prophet Muhammad (peace be upon him), as “Ummul-Mumineen”;

(c) refers to, or addresses, any person, other than a member of the family (Ahle-bait) of the Holy Prophet Muhammad (peace be upon him), as “Ahle-bait”; or

(d) refers to, or names, or calls, his place of worship a “Masjid”; shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

(2) Any person of the Qaudiani group or Lahori group (who call themselves “Ahmadis” or by any other name) who by words, either spoken or written, or by visible representation refers to the mode or form of call to prayers followed by his faith as “Azan”, or recites Azan as used by the Muslims, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

298-C. Person of Quadiani group, etc., calling himself a Muslim or preaching or propagating his faith: Any person of the Quadiani group or the Lahori group (who call themselves “Ahmadis” or by any other name), who directly or indirectly, poses himself as a Muslim, or calls, or refers to, his faith as Islam, or preaches or propagates his faith, or invites others to accept his faith, by words, either spoken or written, or by visible representations, or in any manner whatsoever outrages the religious feelings of Muslims shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.

(298-E. Any advocacy of religious hatred that constitutes incitement to discrimination or violence shall be punishable with imprisonment of either description for a term which may extend to seven years, or with fine or with both.)

203. Giving false information respecting an offence committed: Whoever, knowing or having reason to believe that an offence has been committed, gives any information respecting that offence which he knows or believes to be false shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

(203-A. Anyone making a false or frivolous accusation under any of the sections 295A, 295B and 295C, of the Pakistan Penal Code shall be punished in accordance with similar punishments prescribed in the section under which the false or frivolous accusation was made.)

THE CODE OF CRIMINAL PROCEDURE, 1898.

As amended by Act II of 1997

30. Offences not punishable with death. In the Punjab, the North-West Frontier, in Sind and in those parts of the Provinces in which there are Deputy Commissioners or Assistant Commissioners the Provincial Government may, notwithstanding anything contained in [sections 28 and 29. invest any Judicial] District Magistrate or any Magistrate of the first class with power to try as a Magistrate all offences not punishable with death (as well as offences falling under sections 295A, 295B and 295C of the Pakistan Penal Code).

190. Cognizance of offences by Magistrates. (1) Except as hereinafter provided, [any District Magistrate or a Sub-Divisional Magistrate or any other Magistrate specially empowered in this behalf] by the Provincial Government on the recommendation of High Court may take cognizance of any offence:

(a) upon receiving a complaint of facts which constitute such offence;

(b) upon a report in writing of such facts made by any police-officer;

(c) upon information received from any person other than a police-officer, or upon his own knowledge or suspicion that such offence has been committed.

[(2) The Provincial Government may empower any Magistrate to take cognizance under sub-section (1), clause (a) or clause (b), of offences for which he may try or send to the Court of Session for trial; provided that in case of Judicial Magistrate, the Provincial Government shall exercise this power on the recommendations of the High Court.]

[(3) A Magistrate taking cognizance under sub-section (1) of an offence triable exclusively by a Court of Session shall, without recording any evidence, send the case to Court of Session for trial.]

((3) All offences falling within sections 295A, 295B and 295C of the Pakistan Penal Code shall exclusively be taken cognizance of by the Court of Sessions and tried by the High Court).

193. Cognizance of offences by Courts of Sessions. (1) Except as otherwise expressly provided by this Code or by any other law for the time being in force, no Court of Session shall take cognizance of any offence as a Court of original jurisdiction [unless the case has been sent to it under section 190 sub-section (3) (and as expressly provided for under section 190 of the Code).

(2) Additional Sessions Judges and Assistant Sessions Judges shall try such cases only as the Provincial Government by general or special order may direct them to try, or as the Sessions Judge of the division, by general or special order, may make over to them for trial.

201. Procedure by Magistrate not competent to take cognizance of the case. (1) If the complaint has been made in writing to a Magistrate who is not competent to take cognizance of the case, he shall return the complaint for presentation to the proper Court with an endorsement to that effect.

(2) If the complaint has not been made in writing such Magistrate shall direct the complainant to the proper Court (provided that if a complaint is made in writing to a Magistrate under sections 295A, 295B or 295C of the Pakistan Penal Code, he shall not take cognizance of it and forward it to the proper Sessions Court with an endorsement to that effect and in case the complaint has not made in writing, such Magistrate shall direct the complaint to the proper Sessions Court).

[202. Postponement of issue of process. (1) Any Court, on receipt of a complaint of an offence of which it is authorized to take cognizance, or which has been sent to it under Section 190, sub-section (3), or transferred to it under Section 191 or Section 192, may, if it thinks fit, for reasons to be recorded postpone the issue of process for compelling the attendance of the person complained against, and either inquire into the case itself or direct an inquiry or investigation to be made by [any Justice of the Peace or by] a police-officer or by such other person as it thinks fit, for the purpose of ascertaining the truth or falsehood of the complaint. Provided that, save where the complaint has been made by a Court, no such direction shall be made unless the complainant has been examined on oath under the provisions of Section 200.

(2) A Court of Session may, instead of directing an investigation under the provisions of sub-section (1), direct the investigation to be made by any Magistrate subordinate to it for the purpose of ascertaining the truth or falsehood of the complaint.

(3) If any inquiry or investigation under this section is made by a person not being a Magistrate [or Justice of the Peace] or a police-officer, such person shall exercise all the powers conferred by this Code on an officer-in-charge of a police-station, except that he shall not have power to arrest without warrant.

(4) Any Court inquiring into a case under this section may, if it thinks fit, take evidence of witnesses on oath.]

((5) Notwithstanding anything contained in the preceding subsections any complaint made under sections 295A, 295B and 295C of the Pakistan Penal Code shall be filed at and taken cognizance of by a Court of Sessions and tried by the High Court, whereas the procedure laid down in the preceding subsections shall be followed).

203. Dismissal of complaint. [The Court] before whom a complaint is made or to whom it has been transferred or [sent] may dismiss the complaint, if, after considering the statement on oath (if any) of the complainant and the result of the investigation or inquiry if any under section 202 there is in his judgment no sufficient ground for proceeding. In such case he shall briefly record his reasons for so doing.

STATEMENT OF OBJECTIVES AND REASONS

Member in Charge

Sherry Rehman, MNA

Amendments to the Blasphemy Laws are long overdue. These must include a rationalization of punishments under the offences relating to religion. Vague terminology in these laws has led to their wide mis-use for the persecution of others. The sentences must be reduced so that the incentive to use these laws to settle scores is taken away. Sentences that promote justice rather than open the doors to religious persecution will be respected and applied properly, and it is these that must be rationalized in pursuit of Constitutional guarantees for protection of all citizens under the law. The ascertainment of malicious intent must also be made when charges are brought against an accused person. The absence of demonstrating premeditation in all such charges has led to a widespread abuse of such laws, where innocent people have suffered trials and tribulations at the hands of their accusers who use these laws to pressure the accused for personal or material gain. The absence of such a clause does not take into account the concept of mens rea, which is central to procedures in all criminal offences.

It is equally important that those making false or frivolous allegations under section 295A, 295B and 295C of the Pakistan Penal Code must also be punished, as misuse of religion to harm others and put them through agony is a serious offence. The Pakistan Penal Code must also be amended to include a new section for making any advocacy of religious hatred that constitutes incitement to discrimination or violence an offence.

The Pakistan Penal Code 1860 and the Criminal Procedure Code, 1898 are the major statutes relating to criminal law in Pakistan. While the PPC deals in defining all the offences and mentions their punishments, the Criminal Procedure Code acts as a procedural law, providing machinery for the punishment of offenders against the substantive criminal law. The two codes are read together, and amendments to the CrPC are essential to ensure the effectiveness of amendments to the PPC. Any bill seeking to make amendments that work for justice delivery on the ground must amend these two statutory codes together.

Amendments must be made in the Criminal Procedure Code to ensure protection of Pakistan’s minorities and vulnerable citizens, who routinely face judgments and verdicts at the lower courts where mob pressure is often mobilized to obtain a conviction. It must be ensured that a court of Sessions take cognizance of an offence made under sections 295A, 295B and 295C of the Pakistan Penal Code on complaints filed before it, so that the complainant takes full responsibility of the consequences in case the accusations are false or frivolous. All complaints under sections 295 A, 295 B and 295 C should be made before a Court of Sessions and subsequently tried by the High Court, because trials by High Courts are likely to strengthen the possibility for justice. Given that the intent of this Bill is to avoid miscarriages of justice in the name of Blasphemy, it should be the aim of a just society, as enshrined in our Constitution and Islam, to try all such cases at the High Courts which are always under a higher degree of public scrutiny.

Given that one of the principle tenets of Islam is to ensure justice to all, it is incumbent to therefore amend these man-made laws introduced in Pakistan by a dictator’s Ordinance, without parliamentary consultation or public debate.

What is Mens rea?

Mens rea is Latin for "guilty mind".  In criminal law, it is viewed as one of the necessary elements of a crime. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means "the act does not make a person guilty unless the mind be also guilty".

Many serious crimes require the proof of mens rea before a person can be convicted.  In other words, the prosecution must prove not only that the accused committed the offence (actus reus) but that he did it knowing that it was prohibited; that his act was done with an intent to commit the crime.

Resuming my e-mail:

As you will have noticed, blasphemy is covered in the Pakistan Penal Code (PPC) in 4 sections, Sections 295 to 298. Section 295 pertains to injuring or defiling place of worship with intent to insult the religion of any class. Punishment: 2 years or fine or both.

Section 295-A was added in 1927 to cover deliberate and malicious acts intended to outrage religious feelings of any class. Punishment: 10 years or fine or both.

Section 295-B was added in 1982 to cover defiling, damaging, or desecration of the Holy Quran. Punishment: life imprisonment.

Section 295-C was added in 1986 to cover use of derogatory remarks in respect of Holy Prophet. Punishment: death or life imprisonment and also fine.  In 1992 life imprisonment was removed and death became the only punishment.

It is interesting to note that Sections 295, 295-A and 295-B require that an offence must be a consequence of the accused's intent, but in Section 295-C (derogatory remarks against the Holy Prophet) there is no condition of intent.

Now, how much of the above is Allah's law and how much is man-made law?

I believe everyone agrees that blasphemy is condemned by Allah and hence prohibition of blasphemy is Allah's law. But does everyone agree that Allah has decreed specific punishments for the various categories of blasphemy?

For instance, does everyone agree that punishment of 2 years or fine or both for defiling a place of worship is Allah's law?

Does everyone agree that punishment of 10 years or fine or both for outraging religious feelings is Allah's law?  Does everyone agree that punishment of life imprisonment for defiling, damaging or desecration of the Holy Quran is Allah's law?

And finally, does everyone agree that death penalty is the only punishment for derogatory remarks against the Holy Prophet?  Is there consensus among all ulema, fuqaha, and scholars not only in Pakistan but throughout the Islamic world?  It is worth remembering that life imprisonment was an alternate punishment during General Zia's time.

Has Allah decreed that intent to cause offence is a requirement for all categories of blasphemy except for derogatory remarks against the Holy Prophet?

I am surprised to find that blaspheming God is not covered specifically in Pakistan's blasphemy laws.  It seems to me this offence would come under Section 295-A with punishment of 10 years or fine or both.

Would it be contrary to Allah's law if intent is added to Section 295-C just as they are in Sections 295, 295-A and 295-B?  Would it be contrary to Allah's law if punishment for advocacy of religious hatred is added to the PPC?  Would it be contrary to Allah's law if punishment for false or frivolous accusation of blasphemy is added to the PPC?

Lets now turn to Pakistan's blasphemy laws covered under the Criminal Procedure Code (CrPC).  Currently blasphemy under Sections 295, 295-B and 295-C is considered a cognizable offence in Pakistan which means the Police can directly register a FIR (First Information Report), initiate the investigation and arrest the accused without warrant or getting permission from the magistrate or judge.

It is proposed that all blasphemy offences be considered non-cognizable, i.e. the Police cannot register a FIR or start investigation or arrest the accused without the court's permission. If after a preliminary enquiry the court deems the complaint fit for further processing the Police is permitted by the magistrate to investigate and/or arrest the accused. This will ensure that the complainant takes full responsibility of the consequences in case the accusation are false or frivolous.

I don't believe any of the above CrPC details are part of Allah's law, they are clearly man-made laws. It is relevant to point out that blasphemy under Sections 295-A and 298 of the PPC are non-cognizable offences under our current laws and the Police cannot register a case or arrest the accused without the court's permission.

Lastly, blasphemy cases currently are heard by the Sessions Court where mob pressure is often brought to bear on the judge to obtain a conviction.  It is proposed that all blasphemy complaints should made before a Sessions Court but tried by the High Court because trials by the High Courts will strengthen the possibility for justice because cases at the High Court are always under a higher degree of scrutiny.

Again I don't believe treating a blasphemy complaint as a cognizable or non-cognizable offence is part of Allah's law and nor is hearing the case by the Sessions Court or the High Court anything to do with Allah's law. 

Conclusion:  I am at a loss why so many people claim the entire body of Pakistan's Blasphemy Laws are God-given laws and not a word can be changed.  I believe we need to have the facts of Pakistan's blasphemy laws before us so that a calm and reasoned discourse can begin among sincere people who want to do everything possible to ensure Adl and Insaaf.

WHAT DO YOU THINK?

Best regards,

Yousuf

From the writers on Blasphemy

Newsweek on Blasphemy Backlash at

http://www.newsweek.com/2011/01/06/pakistan-more-attacks-may-follow-killing-of-salmaan-taseer.html

A Reluctant Mind

http://tazeen-tazeen.blogspot.com/2011/01/salman-taseer-you-brave-brave-man-may.html

Is Mullah the true Blasphemer

http://www.newageislam.com/NewAgeIslamArticleDetail.aspx?ArticleID=3887

Salman Taseer, a death foretold

http://www.newageislam.com/NewAgeIslamArticleDetail.aspx?ArticleID=3885

Killer Qadri hailed as a hero

http://www.newageislam.com/NewAgeIslamArticleDetail.aspx?ArticleID=3886

Follow up on Asia Bibi Petition

Appeal for Justice to Pakistani Asia Bibi and Mercy to mankind

The People, Ulema and Government of Pakistan

• Sponsored By: Muslims of the World

Prophet Muhammad (pbuh) is a mercy to mankind, he is indeed a blessing to the humanity and rightfully known as Rahmutul Aalameen. There are innumerable examples of forbearance, forgiveness and kindness of the prophet (pbuh) towards those who insulted and even tried to harm him.

One of the most famous stories, often repeated is about an old lady who threw trash on the prophet every time he passed in front of her door. One day, the trash was not thrown. Concerned, he asked the neighbors and found that she was sick. He knocked on her door to and offered help. Overwhelmed with kindness and love, she chose to become a Muslim.

Once on way to the city of Taif, the Prophet was pelted with rocks by miscreants, his associates wanted to retaliate, even the arch angel Gabriel offered to help bring relief to the situation. The prophet said no, instead he asked God to forgive them, because he was the last messenger. If they are destroyed to whom would he preach? He hoped that if not them, their progeny at will accept the God-sent message to mankind.

He enjoined us that "if any one eats a full meal when his neighbor is hungry or starving, then he is not from among us". He never said 'Muslim neighbor'. He loved humanity and asked Muslims to be role models of charity, kindness, concern and love to all.

What was the need for the Prophet to have endured such painful experiences? It was to guide humanity towards kindness, and shape long term solutions for peaceful communities and the greater good of the society at large. He was committed to mitigating conflicts and nurturing goodwill, indeed he was the ultimate peace maker, the mercy to mankind.

As Muslims we need to keep his message of kindness alive and bring to fruition what he was all about; Rahmutul- Aalameen. Let the mercy and kindness he taught become a blessing to the universe and continue to shower on humanity.

We appeal to the Ulema, thoughtful people and the Government of Pakistan to give life to the examples of the Prophet in representing to Asia Bibi. What would Rahmutul Aalameen have done?

Asia Bibi is not a Muslim and is relegated to menial work that is considered unclean (Napak) by others, who consider themselves to be good Muslims, denied her water from the common source. Is this not a most egregious insult, and the denial of water, the same as denial to sustain life?

First of all he would not have denied Asia Bibi the water of life, indeed in another famous occurrence a person fed water to a thirsty animal and the Prophet had said God will grace the person for that act of kindness. He would have been kind and magnanimous and would probably have us pray for Asia Bibis well being. God loves the forgivers and those who repent.

As Muslims we need to keep his message of kindness alive and bring to fruition what he was all about; Rahmutul- Aalameen. Let the mercy and kindness he taught become a blessing to the universe and continue to shower on humanity.

We owe an apology to Asia Bibi, her family and the Christian community. We should build goodwill in our and their hearts.

We ask the people of Pakistan to seriously debate about the blasphemy laws. The violent silencing of Governor Salman Taseer calls for an immediate need for a discussion on the topic. Islam is about free will and as Muslims we need stand against any oppression towards any human being following in the footsteps of the prophet. Amen!

1. Mike Mohamed Ghouse, World Muslim Congress, USA
2. Imam Zia ul Haq Sheikh, Islamic Council of Irving, USA
3. Dr. Mirza A. Beg, World Muslim Congress, USA
4. Dr. M. Basheer Ahmed, USA
5. Dr. Nauman Anwar, USA
and
1. Bishop Ijaz Inayat, Pakistan
2. Dr John Dayal, All India Christian Council, India

In humility, we submit this appeal to bring Rahmat (Mercy) and Justice to every human being. 

The original petition with signature is lost - as the website is closed. However, I was able to retrieve from http://www.inarchive.com/page/2011-11-23/http://www.petitiononline.com/petitions/Asiabibi/signatures?page=31

            
The following note is in response to the comments floating on the internet in the last few hours.  Please read some of the comments an amazing mind-set is in the works.

As people of faith, also should be known as peace makers, we cannot cause people in conflict to dig in their heels and take positions, we have to mitigate conflicts and nurture goodwill for the ultimate good of all. Prophet Muhammad (pbuh) applied that method in many of his examples.  I hope you understand the avoidance of such language in the petition.   

Three (of the thousands on my list) individuals wrote, “It is too much. You are really becoming a problem for Ummah. Why are you aggravating the situation? Do you know what are you are going to lose - your both the worlds perhaps?” Another one writes, “Islamically, insults and abuses against the Prophet Muhammad, pbuh, count as acts of war and rebellion against a justly created Islamic entity. The Qur'an commands terrible punishment for such acts of war. “Finally, the third one writes, “Salman was a shame on Islam”.

Those were the right wingers among Muslims, a minuscule, statistically insignificant number of people but can become players by shining the media light on them. These guys are fodder for the other right wingers;  among Republicans and the Fox people. The left on the other hand shouts that we have to declare a war on right wingers. Mahatma Gandhi had aptly said an eye for an eye will make the whole world blind.

Prophet Muhammad’s wisdom comes as guiding light; follow the middle path. Every one has a God given space, if we can learn to respect that, conflicts fade and solutions emerge. Keeping that in mind, we have crafted the appeal with a clear goal of finding solutions, which is a deep desire in all parties.

As moderates we are an overwhelming majority, we can express our support to the middle path and ask the extremists to study the prophet and spread goodness in his name and not oppression.

Please sign the Appeal for Justice to Asia Bibi and Mercy to mankind in Pakistan that is if you agree with the content:

http://www.petitiononline.com/Asiabibi/petition.html

Mike Ghouse
www.MikeGhouse.net