Day of reckoning for Blasphemy cleric

Please note: this and other articles on Blasphemy are posted at www.BlasphemyLaws.com and WorldMuslimCongress.org and shared at WorldMuslimCongress@yahoogroups.com forum. I do urge you to read my notes for the other postings, the notes clarify things. Thanks

Mike Ghouse

 

Day of reckoning for ‘blasphemy cleric’ From the Newspaper | Munawer Azeemhttp://dawn.com/2012/09/04/day-of-reckoning-for-blasphemy-cleric/

ISLAMABAD, Sept 3: Police investigators investigating the blasphemy case involving a Christian girl, found two more eyewitnesses against the prayer leader who allegedly maneuvered evidence against her, police said on Monday.

The witnesses, Khurram Shahzad and Hafiz Mohammad Owais, recorded their separate statements under CrPC 161 (examination of witness by police), with investigating officer sub-inspector Munir Hussain Jaffery, stating that they saw Hafiz Mohammad Khalid Jadoon putting some pages of the Holy Quran, after tearing them.

The sources in the police close to the investigation told Dawn that the complainant of the case – Malik Amad, who was also the neighbour of the girl – brought a polythene shopper to the mosque carrying ashes and some burnt papers and handed it to them.

Shahzad was offering prayers, while Owais was in Itekaf (meditative seclusion) , but later Amad took the shopper from them and handed it over to the prayer leader Khalid Jadoon; adding that the prayer leader later tore some pages from the Holy Quran and put it in the shopper.

They objected to the act, but Hafiz Jadoon replied: “You are just kids and you do not know how to strengthen a case.”

Later they brought the matter in the knowledge of the prayer caller of the mosque – Hafiz Zubair – who also raised an objection over the act, but it was ignored again.

Earlier, Hafiz Zubair’s statement recorded under CrPC 164 (Power to record statements and confessions) stated that Hafiz Jadoon took the custody of the shopper carrying ashes and put it in the mosque.

After people left the mosque, Hafiz Jadoon asked for the shopper and someone brought it from the mosque to him.

Hafiz Jadoon after taking the shopper put some pages from the Holy Quran and one person raised objection on the act, the sources said.

The person raising the objection complained over the act, but Hafiz Jadoon replied it was an evidence against them and the only option to force them out of here.

The prayer caller further said in his statement that “Hafiz Mohmmad Khalid Jadoon put the pages of the Quran in the shopper as evidence against the Christians,” the sources quoted the statement.

A senior officer of capital police told Dawn that Hafiz Jadoon is yet to confess his involvement in maneuvering the evidence.

However, he did not challenge the eyewitnesses in his presence repeating their statements, alleging his involvement in maneuvering the evidence, the officer added.

“He avoided eye contact with the witness and felt ashamed when the police asked to challenge the statements of the witnesses,” the officer said.

Another senior officer said that the investigators were ordered to add PPC 120-B (punishment of criminal conspiracy) in the FIR already registered on charge of PPC 295-B against Hafiz Jadoon.

He was allegedly involved in defiling the pages of the Holy Quran, he added.

The investigators were also asked to trace and arrest other conspirators, including the complainant of the case Amad Malik, the officer added.

The complainant alleged that the Christian girl burnt the pages and hid the act of Hafiz Jadoon, the officer said.

The police officer said that the shopper carried seven pages of Noorani Qaida — highlighting the procedures of prayer — but only two were burnt.

Four to five torn papers of the first part of the Holy Quran were also in the shopper but they were not burnt, he added.

The ashes found from the shopper have some weight and it was suspected that ashes of wood or coal were put in the shopper too, as the ashes of paper were weightless.

Misuse of the blasphemy law By Hafiz Muhammad TM Ashrafi

Please note: this and other articles on Blasphemy are posted at www.BlasphemyLaws.com  and WorldMuslimCongress.org and shared at WorldMuslimCongress@yahoogroups.com forum.

The Chairperson of the Ulema (scholars) council gives partial hope for Rimsha Masih, the Christian girl charged with Blasphemy. One of the clergy man planted the manufactured evidence to frame the girl and thanks God, he is being investigated.

As I have maintained, we need alternate books for the radical imams as a back up for them to use it, every one who has been writing is quoting the same stories, but the problem persists because the right wing clergy go by the (wrong) books they have. We need a systematic way to replace the books, that is the most enduring way to solve the problems.

Don't be hard on the Mullah's in Pakistan, we have them here in America, if you hear Pastor Robert Jeffress, Robertson, Hagee and others, they are no different than those rascals.
The Pakistani Mullah's may not have a PhD, but the Christian Mullah's in America do, and they all behave the same. Blaming any one will not cut it, we have to find alternatives, getting the right books in their hands is one good step.

Even the writer of this article is wrong, there is no punishment for blasphemy, indeed, there should be punishement for Muslims for creating an environment for the Christian Minorities to resort to this. Even if the Christians curse the prophet, the blame should not be placed on them; a harassed people will always do that. The same principle should be applied universally- to go to the root cause of the problem.

Do your remember the precedence Hazrat Umar had set? He did no punish the man who stole the food to feed his hungry child... he took the responsiblity on the society for creating such an environment. Of course he investigated it, the food was not for him, and he was not looking for a hand out, but it was to save his child. In the United States we do not punish if some one is insane.

Mike Ghouse is a speaker, writer and a thinker committed to building cohesive societies and offers pluralistic solutions on issues of the day.
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Misuse of the blasphemy law By Hafiz Muhammad Tahir Mahmood Ashrafi Published: September 3, 2012

 

http://tribune.com.pk/story/430611/misuse-of-the-blasphemy-law/

The writer is chairman of the All Pakistan Ulema Council

Blasphemy is an extremely sensitive subject. No Muslim of even the weakest faith can condone the defiling of the sacred name of the Holy Prophet (pbuh) or the Holy Quran. But blasphemy is an issue that does require extreme care in its handling.

The case of Rimsha, a minor Christian girl suffering from Down’s syndrome accused of blasphemy, should be a watershed for the country’s blasphemy laws. The fact that Rimsha’s entire neighbourhood has fled their homes fearing a backlash from the local Muslims needs investigation. Khalid Jadoon Chishti, who eyewitnesses told the local police had added pages of the Holy Quran to a bag containing the burnt material, should be thoroughly probed as well.

Humanity forms the basis of the principle of human dignity in Islam, whether the person is Muslim or non-Muslim.“And dispute you not with the People of the Scripture, except in the best way, unless it be with those who do wrong, but say, ‘We believe in the revelation which has come down to us and in that which came down to you; our God and your God is One; and it is to Him we submit (in Islam)’.” (Quran 21:46)

Muslims and non-Muslims have the right not to have their religious beliefs mocked. But no other religion in the world is as fair as Islam to people of other faiths. God has also forbidden Muslims from speaking ill of the gods and deities worshipped by non-Muslims. If the polytheists were to hear Muslims speak ill of their gods, it might lead them to speak ill of Allah. Also, if Muslims were to speak ill of pagan gods, it might instigate the polytheists to soothe their wounded feelings by hurting the feelings of Muslims. God says in the Holy Quran: “Do not revile those whom they call upon besides God, lest they revile God out of spite in their ignorance. Thus, We have made alluring to each people its own doings. In the end will they return to their Lord and He shall then tell them the truth of what they did.” (6:108)

Islam does not compel people of other faiths to convert. It has given them complete freedom to retain their own faith and not to be forced to embrace Islam. This freedom is documented in both the Holy Quran and the Sunnah. “If it had been your Lord’s will, they would all have believed — all of who are on earth! Will you then compel humankind, against their will, to believe?” (Quran 10:99)

At the time of the Holy Prophet (pbuh), Najran and its surrounding area, in the south of Arabia, was a Christian valley. A delegation of 60 people came to see the Holy Prophet (pbuh) in Madina. As their discussion with the Holy Prophet (pbuh) in the mosque took quite a long time, it was time for their evening prayer. As they prepared to pray, some of the Holy Prophet’s (pbuh) followers wanted to prevent them from doing so. The Holy Prophet (pbuh) ordered them to let them offer their prayers in his mosque (Masjid-e-Nabavi).

Not only does Islam give religious freedom to non-Muslims, its tolerant law extends to the preservation of their places of worship. Caliph Umar ibn al-Khattab (RA) signed a treaty with Monophysite Christian Patriarch Sophronius, assuring him that Jerusalem’s Christian holy places and population would be protected under Muslim rule. When led to pray at the Church of the Holy Sepulchre, the holiest site for Christians, the Caliph Umar (RA) refused to pray in the church so that Muslims would not request converting the church into a mosque. He prayed outside the church, where the Mosque of Umar stands to this day, opposite the entrance to the Church of the Holy Sepulchre.

The Holy Quran prescribes restraint and distancing from blasphemous persons or situations. The emphasis is on restraint. A study of the following verses should bear this out: “When ye hear the signs of Allah held in defiance and ridicule, ye are not to sit with them unless they turn to a different theme.” [Quran 4:140] And: “Hold to forgiveness, command what is right; but turn away from the ignorant.” [Quran 7:199]

Pakistan belongs as much to the non-Muslims as to the Muslims. Blasphemy laws are often used to settle personal vendettas. And so, we demand a thorough and fair probe into the case involving Rimsha. Strict action should be taken against all those accusing the girl if she is found innocent.

Published in The Express Tribune, September 4^th, 2012.

Blasphemy case: Imam arrested for 'implicating' Christian girl

Islamabad : In a new twist to the blasphemy case involving a minor Christian girl, an imam in the Pakistani capital was arrested and remanded to 14-day judicial custody today for allegedly planting pages of the Quran in her bag and using it to implicate her under the controversial law.

Khalid Chishti, the prayer leader of Jamia Aminia mosque in the low-income Mehria Jaffar neighbourhood of Islamabad, was arrested last night after a man testified that he had seen the cleric stuffing pages of the Quran in the bag of the Christian girl named Rimsha Masih.

The bag originally contained only some other papers and ashes.

The witness, Hafiz Muhammad Zubair, recorded a statement against the cleric before a magistrate.

Police subsequently arrested Chishti on the basis of this statement.

Chishti was produced before a judicial magistrate, who sent him to Adiala Jail in Rawalpindi for 14 days.

Police officials said they expected Chishti to be charged under the controversial blasphemy law.

Earlier, Zubair told the media: "When the bag was brought to the mosque, there was nothing in it.          When he (Chishti) was given the bag, he went into the mosque and pulled out two or three pages and added them to the bag.

"I told him what he was doing was wrong. He told me it is evidence against the Christians and a way to get them removed (from the area)," Zubair said.

The incident had occurred while Zubair and some other men were in 'aitekaf' (seclusion) in the mosque during the holy Islamic month of ramzan.

Zubair said a neighbour of Rimsha named Malik Ammad, the complainant in the case, handed over the bag with the pages of the Quran to the police.

Chishti had acknowledged in a television interview last week that he had, during a recent sermon, called for the eviction of all Christians from the neighbourhood if they did not stop their prayer services because "Pakistan is an Islamic country given by Allah."

Pakistan Ulema Council chief Allama Tahir Ashrafi asked the Supreme Court Chief Justice to take suo motu notice of the incident and initiate action against those who had really desecrated the Quran and them blamed the Christian girl for the incident.

Rimsha was arrested on August 16 after an angry mob surrounded a police station and demanded that action be taken against her.

She is currently being held at the high-security Adiala Jail.

Her judicial remand was extended by 14 days last week.

Though an official medical board concluded that Rimsha was aged about 14 years and that her mental development did not correspond to her age, the findings were challenged last week by Rao Abdul Raheem, the lawyer of Rimsha's accuser.

A district and sessions court, which is hearing Rimsha's case, is looking into Raheem's allegations.

Rimsha's bail hearing is scheduled to be taken up by the same court tomorrow.

The new evidence against the cleric could help defuse the religiously-charged case against the girl.

The case has prompted concern from Western governments and the Vatican. It has also focused attention once again on Pakistan's controversial blasphemy law, under which a person can be punished with life in prison or death.

Rights groups have warned that the law is often used to settle personal scores or persecute minorities like Christians.

http://www.indianexpress.com/news/blasphemy-case-imam-arrested-for-implicating-christian-girl/996682/

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Pakistan blasphemes Islam

Islamic Sharia Laws (03 Sep 2012 NewAgeIslam.Com)

Pakistan blasphemes Islam

By Naseer Ahmed, New Age Islam

3 Sept 2012

There is no Arabic word for blasphemy. Is that not interesting? English translators in their interpretative translations have translated the Arabic word kufr as blasphemy in several verses. There are twenty three verses in the Quran that contain the word blaspheme or its grammatical variants in Yusuf Ali’s translation of the Quran. These are 2:88, 102, 3:55, 4:155, 5:17, 64, 68, 72, 73, 103, 6:19, 8:35, 9:74, 10:70, 11:9, 14:28, 21:36, 21:112, 39:8, 39:32, 40:42, 43:15, 33. None of them speak about meting out punishment to the blasphemers by the ruler or by man. Verse 9:74 is about a ‘Muslim’ blasphemer a translation of which by Yusuf Ali is reproduced below. It speaks about Allah punishing them with a grievous penalty in this life and in the hereafter. By implication, the verse rules out punishment by man. Any law that seeks to punish a blasphemer is not in accordance with the Quran and goes against the letter and spirit of the Quran. 

9: 74. They swear by Allah that they said nothing (evil), but indeed they uttered blasphemy, and they did it after accepting Islam; and they meditated a plot which they were unable to carry out: this revenge of theirs was (their) only return for the bounty with which Allah and His Messenger had enriched them! If they repent, it will be best for them; but if they turn back (to their evil ways), Allah will punish them with a grievous penalty in this life and in the Hereafter: They shall have none on earth to protect or help them.

 Verse 43:33 (a translation of which by Yusuf Ali is reproduced below), speaks about blasphemers and says that, were it not for making blaspheming very attractive and presumably making belief extremely unattractive in comparison, God would have granted immense wealth to every blasphemer.

43: 33. And were it not that (all) men might become of one (evil) way of life, We would provide, for everyone that blasphemes against ((Allah)) Most Gracious, silver roofs for their houses and (silver) stair-ways on which to go up,

The grievous penalty from God to one who blasphemes after belief in verse 9:74 is to help the believer return to the path of belief and righteousness if he would benefit from the punishment. God punishes in this life, those who do wrong and are likely to benefit from the punishment. Those who are too far gone and are unlikely to benefit from punishment are given a long rope and their life on this earth is made to look very attractive. Some of it is on account of their good deeds that have no rewards in the hereafter and some of it is as a test for the believers whose patience and quality of faith is tested through relative adversity when compared to the life of the non believers.

Verses 9:74 and 43:33 implicitly rule out punishment by man for blasphemy. The message of the Quran cannot be clearer on this issue for those who seek true guidance. Any law that seeks to punish a blasphemer seriously interferes with God’s plans described in 43:33. Every nation that calls itself Islamic, and has enacted laws of blasphemy, therefore seriously interferes with God’s plans and is at cross purposes with God and therefore in war with God. The nations that use the laws of blasphemy as a weapon to target and harass the minorities blaspheme Islam in the worst possible manner. May the curse of God and all Muslims be on such nations!

What then, is the basis for the law of blasphemy? When the Muslim armies conquered new lands, they came into contact with new civilizations. The first few centuries were periods of great learning. The Muslim conquerors adopted and assimilated many of the practices of the conquered territories. Muslim jurists found the legislative verses in the Quran far too little in comparison with Jewish and Christian laws. They therefore built an elaborate body of Islamic law using the principles of analogy and legal precedent to meet the requirements of governing vast territories with large non Muslim populations. The Law of apostasy, the law of blasphemy, the law of stoning adulterers to death and the practice of circumcision find no mention in the Quran but are found in Jewish and Christian scriptures. The Muslim jurists appear to have relied on the old and the new Testament for these laws although there is lack of sufficient and direct support from the practice of Prophet Muhammad (PBUH) for such laws.

Janab Muhammad Yunus has brought out the several glaring incidents of blaspheming that are mentioned in the Quran without a command to punish the blasphemer. I quote him below:

“The Meccan enemies of the Prophet called him impostor, a madman (30:58, 44:14, 68:51), and an insane poet (37:36). They ridiculed the Qur'anic revelation (18:56, 26:6, 37:14, 45:9), which they declared to be strange and unbelievable (38:5, 50:2), a jumble of dreams(21:5) and legends of the ancients (6:25, 23:83, 25:5, 27:68, 46:17, 68:15, 83:13). They accused the Prophet of forging lies and witchcraft (34:43, 38:4), forging lies against God, forgery and making up tales (11:13, 32:3, 38:7, 46:8), witchcraft (21:3, 43:30, 74:24), obvious witchcraft that was bewildering (10:2, 37:15, 46:7), and of being bewitched or possessed by a Jinn (17:47, 23:70, 34:8). By definition, all these accusations were blasphemous. Nowhere in its text does the Qur'an prescribe any punishment for those who uttered these blasphemies.”

The precedents that may have been relied upon by the Islamic jurists could be the killing of Asma and Abu Afak. First of all, these two were guilty of far worse crimes than just blaspheming. They were very active and influential instigators of violence against the Muslims who incited their people to kill Muslims. These two threatened the very existence of the small band of Muslims and their killing could be described as killing in self defence. Does anybody question the killing of Osama Bin Laden although OBLhimself may not have directly killed anyone? When there is evidence that there were thousands of blasphemers in the Prophet’s time, who were not harmed or punished for their various acts of blasphemy, how can exceptions which are not even exceptions on close scrutiny,  be made the basis of a rule or the law a hundred years later?

There is no evidence however, that the Muslims misused the law of blasphemy to harass the minorities in the first thousand years of Islamic history. This law existed only as an equivalent of the Jewish and Christian law on the same subject and the law was invoked very sparingly for deliberate and very public attempts to malign Islam or its Prophet.

Perfectus, a Christian priest in Muslim-ruled Córdoba, was beheaded (middle of the 9th century) after he refused to retract numerous insults he made about Muhammad (PBUH) publicly and repeatedly. Numerous other priests, monks, and laity followed his example as Christians became caught up in a zest for “martyrdom” and according to an account, about forty such deliberate and determined blasphemers were decapitated over a period of the next ten years after which blaspheming appears to have come to a stop.

The important point to note is that every blasphemer was given an opportunity to retract. A person who had blasphemed and retracted was not punished. If retracting was allowed, there was no question of punishing based on hearsay or innuendo or implied blasphemy.

 The same holds good for apostasy as well. There are several cases of apostates in the Prophet’s period who were left alone. The few who were punished were those who were also guilty of high treason endangering the lives of Muslims in a state of war or for apostasy combined with killing. There is no example of punishing anyone for a simple act of apostasy.

Pakistan is the most serious offending nation in regard to the law on blasphemy. In 1986, Section 295-C was added as follows: “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.”

Between 1927 (year in which Bristishers introduced section 295-A) and 1986 there had been only seven reported cases of blasphemy. However, 1986 onwards as many as 4,000 cases have been reported. Between 1988 and 2005, Pakistani authorities charged 647 people with offences under the Blasphemy Laws. See the contrast between the earlier practice of allowing blasphemers to retract and the Pakistan’s newly added subsection 295 C which can be invoked for “imputation, innuendo, or insinuation, directly or indirectly”! This allows immense leeway to charge anyone with blasphemy. Going by a simple reading of the section, every non-believer is a blasphemer of Islam and its Prophet and going by the behaviour of the people, they appear to treat every non-Muslim as a blasphemer!

Pakistan’s laws on blasphemy are demonstrably unjust, unislamic and violate the letter and spirit of the Quran and without precedent from the life of the Prophet or as the law was practiced for over the first 1,000 years of Islamic history. The law promotes acts of terror on the minorities, and the practice of the law leaves no room for doubt that these laws seek to legalize acts of terrorism against the minorities. The case of the hapless 11 year old Rimsha Masih underscores the depth to which Pakistan society has descended. Pakistan blasphemes Islam and Prophet Muhammad (PBUH) (who was sent as a mercy to all nations) by their barbaric laws of blasphemy and the practice which leaves no room for doubt about the intention. It is incumbent on the Muslim citizens of Pakistan to wage jehad on the infidels who defame Islam with acts of terrorism on the minorities and against the State which enact laws that blaspheme Islam and bring disrepute to Islam and its Prophet (PBUH).

Naseer Ahmed graduated from IIT Kanpur and is an independent IT consultant after having served in both the public and private sector in responsible positions for over 3 decades. He is a frequent contributor to NewAgeIslam.com.

URL: http://www.newageislam.com/islamic-sharia-laws/naseer-ahmed,-new-age-islam/pakistan-blasphemes-islam/d/8542

Abolish Patently Inhuman Blasphemy laws of Pakistan

While agreeing with the need to abolish blasphemy laws, it is not easy. The ones who are screaming have the back up for them, books that support them... we as Muslims need to come up with books on the topic, endorsed by at least a few Ulema's for them to have something in their hands.  They rather believe in the book they have, however wrong it may be, than you and I.

We have a site www.Blasphemylaws.com where I will post this piece, courtesy of New Age Islam. Md Yunus has a few good pieces... indeed, there are good videos by Ghamidi Saheb, Mirza Masroor Ahmed and debates in Pakistan, most of them are in Urdu language. They all have done it well - but books need to be written and published and passed onto them. Then things will change.

Mike Ghouse

http://mikeghouse.net/MuslimSpeaker.MikeGhouse.asp

 Courtesy - New Age Islam

Abolish Patently Inhuman Blasphemy laws of Pakistan

By Aiman Reyaz, New Age Islam

29 August 2012

How low can one get? A little girl, Rimsha, who suffers from Down’s Syndrome, is charged with blasphemy and handed over to the police. The Imam, Hafiz Mohammed Khalid Chishti, says that he saved the girl from the fuming mob by handing her to the police. But Chishti insisted she was fully aware of what she was doing. “The girl who burnt the Holy Quran has no mental illness and is a normal girl. She did it knowingly; this is a conspiracy and not a mistake.” During his sermon at Friday prayers Chishti told worshippers it was “time for Muslims to wake up” and protect the Holy Quran.

The penal code of Pakistan proscribes blasphemy against any religion (in reality it applies only to Islam), having penalties ranging from a fine (which is seldom applied when a Muslim blasphemes) to death (which one will certainly get if anyone speaks against Islam).

In Pakistan, murderers and killers are extolled. Ameer Jamaat-e-Islami in Sindh Asadullah Bhutto has declared that Salman Taseer’s assassin will directly go to the “seventh heaven”. “Aasia Bibi will suffer the same fate if the punishment awarded to her by the court for using derogatory remarks against Hazrat Mohammed Mustafa is not implemented,” he added.

These groups have no fear. They talk and act as if they are the true masters of the country. I fail to understand who is actually running the country of Pakistan, Zardari and Raja Ashraf or the army or these mullahs?

This is not a new phenomenon in Pakistan. Out of date blasphemy laws were applied in the past as they are also applied in the present; the only difference is that in the present age the laws have become stricter, more foolish and more unislamic.

In 1996 a Christian was arrested because he had said that Christianity is also right! The charge against him was violation of § 295-C. In 2000, a doctor was charged of blasphemy because he, in his lecture, had said that the parents of Muhammad were non-Muslims as they died before the Prophethood of Muhammad. In 2009, a FIR was registered against two teenager brothers, complainant falsely accusing them that they had spoke against Prophet Mohammad and this family had to leave the country for their safety. In November 2010, Asia Bibi was sentenced to death by hanging on a charge of blasphemy. Punjab Governor Salman Taseer was shot dead by his security guard for supporting Asia Bibi. He visited her in jail and tried to sympathize with her and this led to mass protests. In 2011 Shahbaz Bhatti Pakistan's Federal Minister for Minorities Affairs (a Roman Catholic member of the National Assembly was killed by gunmen after he had declared of his intentions to reform the blasphemy laws of Pakistan.

The two most worrisome things that should be noticed are: 1) not only the person concerned, but also his family is subject to the wrath of the mob as well as the outlandish law because of blasphemy; and 2) a continuous rise in fanaticism.

The Quran is a book (is this also blasphemy as I have not used the word “holy” and intentionally not used (pbuh) after the name of our Prophet?) that has been revealed in stages. Islam gives us a solution to the problem through various means; it is for us to choose which way is the best. For example: for blasphemy some scholars say that death penalty should be given or mutilation of the opposite limbs or exile from the land; while some scholars, with whom I agree with, quote:

“Invite all to the way of thy Lord with wisdom and beautiful preaching and argue with them and reason with them in the ways that are best and most gracious.”

So instead of giving using out-of-date methods we can talk to them and “come to common terms”.

Why is there only one-sided picture seen by these radical Islamic groups. They talk about blasphemy and they think about things that have anti-Islamic sides; but what about anti-Christian or anti-Hindu or anti-Jew. They too have their religious beliefs, like ours; they too have one supreme God, like ours; they too believe in Prophets or Avatars, like ours. So where is the difference? Actually there is no difference if a logical person sees it, but for a fanatic there is a world of a difference between Islam and others.

If a Muslim says anything against the Bible or the Vedas then he is praised and is considered to be a very good Muslim, as if criticising other religions is Islam’s demand. But if a non-Muslim, even if he asks a difficult question regarding Islam, then he is put to death. What justice and what equality! The Quran says most emphatically ‘Do justice or stand out for justice, even it is against yourself, or your parents or your friends or relatives.”

Islam means ‘peace’, peace to all, even to non-Muslims. But there is no ‘Islam’ in Pakistan. True Islam is not followed in Pakistan; there is only outer exposure of religious identity. If anyone is alleged to have spoken anything against Prophet Muhammad the result is certain death with or without a fine (no evidence is required). If anyone is alleged to have insulted the Quran there will be life imprisonment, again without any need for any evidence whatsoever.

The Prophet is an epitome of mercy to all the worlds (Rehmatul-lil– Aalameen). There are many instances where the Prophet forgives even his staunchest enemies. One of the best and the most well-known examples is of an old woman who threw garbage on Muhammad every time he passed in front of her house. One day the garbage was not thrown; Muhammad got worried and inquired about the woman. He found out that she is sick, when he went to meet her, she felt guilty and finally she accepted Islam.

We are completely losing the link with our Prophet’s teachings. Islam gives freedom to all, even to those who go against it. There are numerous verses which supports this.

"But if the enemy incline towards peace, do thou (also) incline towards peace, and trust in God: for He is One that heareth and knoweth (all things). (The Noble Quran, 8:61)"

"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 handhold, that never breaks. And Allah heareth and knoweth all things. (The Noble Quran, 2:256)"

Let him who will believe, and let him who will, reject (it):......(The Noble Quran, 18:29)"

"If it had been thy Lord's will, they would all have believed,- all who are on earth! wilt thou then COMPEL mankind, against their will, to believe! (The Noble Quran, 10:99)"

The Messenger's duty is only to preach the clear (Message). (The Noble Quran, 24:54)"

"Say : O ye that reject Faith! I worship not that which ye worship, Nor will ye worship that which I worship. And I will not worship that which ye have been wont to worship, Nor will ye worship that which I worship. To you be your Way, and to me mine. (The Noble Quran, 109:1-6)"

It is high time these vague, ludicrous and blatantly inhuman blasphemy laws of Pakistan are abolished. There is no possibility of reforming them. This is one law that cannot be even debated. Any fruitful discussion on various provisions of blasphemy laws will also be seen as an act of blasphemy. How can you debate the nuances of every word in an article of law with any precision without quoting possible blasphemous statements? The anti-blasphemy law of Pakistan says that if anyone speaks anything against the Prophet, the punishment for it is certain death. All one needs to do is to allege that a person has abused the Prophet and the end result would be sure death, with no chance for the victim of this law to defend himself or herself. The judge cannot give any verdict less than the death penalty. It is no surprise that this law has been criticised on many fronts and by many international organizations. This law has been misused by the people to score personal vendetta, the police and the courts simply cannot investigate the matter. As long as this law remains, there will be death sentences to innocent people, particularly religious and sectarian minorities. This law must be opposed on all fronts.

URL: http://www.newageislam.com/islamic-sharia-laws/aiman-reyaz,-new-age-islam/abolish-patently-inhuman-blasphemy-laws-of-pakistan/d/8462

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Reference:

Blasphemy laws in Pakistan

Offenses relating to religion: Pakistan Penal code

295-B	Defiling, etc, of copy of Holy Quran. Whoever will fully 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 for imprisonment for life.
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 Mohammed (PBUH) shall be punished with death, or imprisonment for life, and shall also be liable to fine.
298-A	Use of derogatory remarks, etc..., in respect of holy personages. Whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo or insinuation, directly or indirectly defiles a sacred name of any wife (Ummul Mumineen), or members of the family (Ahle-bait), of the Holy Prophet (PBUH), or any of the righteous caliphs (Khulafa-e-Rashideen) or companions (Sahaaba) of the Holy Prophet description for a term which may extend to three years, or with fine, or with both.
298-B	Misuse of epithet, descriptions and titles, etc. Reserved for certain holy personages or places. Any person of the Qadiani 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: refers to or addresses, any person, other than a Caliph or companion of the Holy Prophet Mohammad (PBUH), as "Ameerul Momneen", "Khalifat-ul-Momneen", "Khalifat-ul-Muslimeen", "Sahaabi" or "Razi Allah Anho"; refers to or addresses, any person, other than a wife of the Holy Prophet Mohammed (PBUH), as Ummul-Mumineen; refers to, or addresses, any person, other than a member of the family (Ahle-Bait) of the Holy Prophet Mohammed (PBUH), as Ahle-Bait; or refers to, or addresses, any person, other than a member of the family (Ahle-Bait) of the Holy Prophet Mohammed (PBUH), as Ahle-Bait; or refers to, or names, or calls, his place of worship as Masjid; shall be punished with imprisonment or either description for a term which may extend to three years, and shall also be liable to fine. Any person of the Qadiani group or Lahore group, (who call themselves Ahmadis or by any other names), who by words, either spoken or written, or by visible representations, refers to the mode or from of call to prayers followed by his faith as "Azan" or redites 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	Persons of Qadiani group, etc, calling himself a Muslim or preaching or propagating his faith. Any person of the Qadiani group or the Lahori group (who call themselves Ahmadis or any other name), who directly or indirectly, posses 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 representation 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. ----

Blasphemy Law has NO Qur'anic Basis

Some Muslim countries have legislated punishment for blasphemy. This draws on the Classical Sharia (Law) of Islam that evolved in the medieval ages and was inevitably informed by the historical realities and entrenched customs and practices of the era. However, with a sea change in civilizational paradigms,  many of its rulings suffer anachronism, stand in conflict with international human rights charters and conduce to injustice, anarchy and barbarism in today's politically volatile and globalized world. All such rulings need to be examined in light of the universal message of the Qur'an which is by far the highest and incontestable authority in Islam. 

This essay - an exercise in ijtihad (intellectual scrutiny with the limits set by God) investigates the case of blasphemy. It draws on a recently published focused exegetic work, the Essential Message of Islam [Amana Publications, USA- 2009] that is duly approved by al-Azhar al-Sharif and endorsed and authenticated by Dr. Khaled Abou El Fadl, Alfi Distinguished Professor of Law at the UCLA School of Law.

The Qur'anic pronouncement "not to insult those whom others (lit., 'they') invoke besides God" (6:108) is a clear reminder against profaning any deity, idol or symbols held sacred by other people. The Qur'an, however, does not prescribe any punishment for the offenders. It warns humanity that there will always be some people who will hurl seductive remarks at the Prophet (6:113) or be inimical to him (25:31) for fun or cupidity and asks the believers to simply ignore them. In other words, the Qur'an treats blasphemy as a moral vice and does not regard it as a punishable/ criminal offence.

The Meccan enemies of the Prophet called him impostor, a madman (30:58, 44:14, 68:51), and an insane poet (37:36). They ridiculed the Qur'anic revelation (18:56, 26:6, 37:14, 45:9), which they declared to be strange and unbelievable (38:5, 50:2), a jumble of dreams(21:5) and legends of the ancients (6:25, 23:83, 25:5, 27:68, 46:17, 68:15, 83:13). They accused the Prophet of forging lies and witchcraft (34:43, 38:4), forging lies against God, forgery and making up tales (11:13, 32:3, 38:7, 46:8), witchcraft (21:3, 43:30, 74:24), obvious witchcraft that was bewildering (10:2, 37:15, 46:7), and of being bewitched or possessed by a Jinn (17:47, 23:70, 34:8). By definition, all these accusations were blasphemous. Nowhere in its text does the Qur'an prescribe any punishment for those who uttered these blasphemies.

The advocates of blasphemy law may raise the following points:

1. The slanderer and maligner of the Prophet can upset peace and harmony like priests of Cordova (Spain, 851-859) [1].

2. Maligning any religion, religious leader, text etc. purports to demonize and dehumanize it and can fuel hatred, religious bigotry and animosity, and in the present day context, feed Islamophobia and Islamofacism.

The arguments appear convincing but there are more compelling grounds against prescribing any punishment for blasphemy.

The highly porous and subjective character of the 'offense' (blasphemy) can lead to a chaotic situation within the Muslim community and persecution of the minority community as is happening in Pakistan these days.

An uncouth citizen can use it to settle a score with a non-Muslim or even a Muslim neighbour or financially exploit him by a threat of blasphemy charge.

An Islamic State can use it for political repression of dissidents.

By strict application of blasphemy law in a broader sense, a Sunni Sharia Court can charge the entire Shia community of blasphemy for their invectives against the Prophet's close relatives - the first three Caliphs, who were either his father-in-law (Abu Bakr and Umar) or son-in-law (Uthman).

The theologians in the Islamic heartlands can issue an endless stream of fatwas for the heads of the countless Islam bashing scholars and writers, whose speech, writing and symbolism can sometimes be construed as blasphemous.

The very notion of killing a person for blasphemy contradicts the Qur'anic cardinal principle of justice that relates only to offences committed against fellow humans.

Conclusion: The relativism and porosity in the definition of 'blasphemy' can open a floodgate of blasphemy charges against unsuspecting individuals, members of the minority, Muslim sects and Islam.critcal scholars and writers. Since the Qur'an, conceivably cognizant of these caveats, does not  prescribe any punishment for blasphemy, the blasphemy law needs to be repealed. Blasphemy symbolizes and epitomises hatred that inevitably breeds hatred - regardless of any law against it. This can in turn feed radicalisation, foster terrorism, and trigger communal riots. Muslim jurists will do better by insisting on getting a firm Security Council Code of Conduct and may be limited punishment for blasphemy depending upon the gravity and potential impact of the offence and the attitude of the offender, rather than legislating a capital punishment or even, any punishment for blasphemy - which remains a porous act of misconduct and moral turpitude.

Notes

[1]. Between 851 and 859, some priests in Cordova, now southern Spain, used to utter in public places highly insulting and abusive remarks against the Prophet deliberately seeking capital punishment. They were an embarrassment to both the Christian community and the Emir and were executed by application of Sharia law as this was the only way to prevent them from a highly provocative behaviour in public.

Muhammad Yunus, a Chemical Engineering graduate from Indian Institute of Technology, and a retired corporate executive has been engaged in an in-depth study of the Qur'an since early 90's, focusing on its core message. He has co-authored the referred exegetic work, which received the approval of al-Azhar al-Sharif, Cairo in 2002, and following restructuring and refinement was endorsed and authenticated by Dr. Khaled Abou El Fadl of UCLA, and published by Amana Publications, Maryland, USA, 2009.

August 24, 2012.