Wednesday, February 8, 2023
The New Pakistani Legislation on Blasphemy Targeted Against Shias
Pakistan's blasphemy laws are tools for the persecution of minorities
Main Points
1. General Zia updated blasphemy laws to defend the majority Sunni sect.
2. 71 countries have blasphemy laws out of which 32 are Muslim countries.
3. 1500 cases of blasphemy came up in three decades in Pakistan.
4. In non-Muslim countries, the punishment for blasphemy is a maximum of two years in prison while in Muslim countries, it is death.
5. Governor Salman Taseer was killed by his bodyguard for opposing blasphemy laws.
New Age Islam Staff Writer
08 February 2023
In January this year, Pakistan's national assembly passed expanded legislation on blasphemy which provided for punishment for blasphemy against the holy wives of the prophet of Islam, his companions and his relatives. The country already has anti-blasphemy laws that have provisions for death punishment for blasphemy against the prophet and the Quran. This new expanded legislation will be a cause of sectarian strife and persecution of minorities. It will also have far-reaching consequences among the Sunni sect.
The idea of blasphemy has been promoted by extremist exegetes over a long period of time. It was based on some instances of execution of non-Muslims during the prophet's time. Some people who committed blasphemy were killed at the orders of the prophet but there were others who were forgiven. Many others were simply ignored. Famous Arab poet, Ka'ab bin Zuhayr's killing had been ordered because of his continuous blasphemous poetry against the prophet but was forgiven when he repented and sought pardon. He then wrote a qaseeda (poem. in praise) in the prophet's honour. The qaseeda known as Qaseeda Burdah has become a part of Islamic poetry.
The Quran has dealt with the issue of blasphemy. From dozens of verses, it appears that the enemies of the Muslims often made blasphemous remarks against the holy prophet. They called him a madman, a sorcerer, a poet, a liar, possessed by djinns etc. The Quran records all the remarks made by them. The enemies of the prophet even made unsavoury remarks about Hadhrat Ayesha r.a. after she was left behind the prophet's entourage. The Quran chides those who doubted her purity and warned them against such behaviour. Those who made false allegations against her were warned of grave torment. But no physical punishment was prescribed either for the Muslims who doubted her chastity or for the enemies of Islam or the hypocrites. As a matter of principle, the Quran does not prescribe any physical punishment for blasphemy, leaving aside the death sentence (sar tan se juda).
The verses of the Quran on blasphemy are as follows:
"And for those who commit blasphemy against the prophet there is a grave torment (in the Hereafter)."(Taubah: 61)
"And you will be tested with wealth and lives and rather you will hear much of blasphemy from the later generations of the People of the Book and from the polytheists but if you observe restraint and piety, it is courage."(Al-e-Imran: 186)
"And those who cause hurt to Allah and His prophet were condemned by God in the world and the Hereafter and He has prepared for them a humiliating punishment".(Al Ahzab:57)
From the verses quoted above, it is clear that derogatory remarks are not appreciated by God as he is hurt when the Prophet is hurt; He warns those from the People of the Book and from among the polytheists of a grave torment in the Hereafter but does not want bloodshed on earth in the name of blasphemy. Those committing blasphemy will live as condemned souls on earth. But Muslims are advised not to commit violence. They are, in fact, advised to observe restraint and piety because observing restraint, not losing their temper, is an act of bravery.
Therefore, the blasphemy laws of Pakistan and other Islamic countries don't reflect the spirit of the Quran or Sunnah. The recently expanded legislation on blasphemy appears to be aimed at the Shias who criticise the holy companions of the prophet and Hadhrat Ayesha r.a. Earlier legislation was passed making it mandatory to say Khatamun nabiyyin (the last prophet )every time one takes the name of the prophet. This law was aimed at the Ahmadis. But the new legislation may cause rifts and sectarian and ideological differences even among Sunni groups because Amir Muawiyah was also a companion of the prophet and a section of Sunni ulema holds him responsible for the martyrdom of Imam Hussayn a.s. Amir Muawiyah is seen by Shias as an opponent of Hadhrat Ali r.a. In Pakistan, some ulema, particularly Engineer Ali Mirza openly express their views against Amir Muawiyah. This legislation may be an attempt by the Wahhabi lobby supported by the Taliban to silence ulema like him. Therefore, after this legislation has been passed, Engineer Mohammad Ali Mirza may face the law. If he is booked under this law for blasphemous remarks against Amir, Muawiyah, his disciples and followers who are spread all over Pakistan may hit the streets and new sectarian strife may emerge.
This is why the Human Rights Commission of Pakistan, an independent rights group has said that it was deeply concerned over the latest legislation. A statement released by the group said, “Given Pakistan’s troubled record of the misuse of such laws, these amendments are likely to be weaponised disproportionately against religious minorities and sects, resulting in false charges, harassment, and persecution."
The new legislation, therefore, will only aggravate the communal and sectarian atmosphere of the country.
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URL: https://www.newageislam.com/islamic-sharia-laws/pakistani-legislation-blasphemy-shias/d/129054
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