By Ghulam Rasool Dehlvi, New Age Islam
06 November 2018
Most ulema in Pakistan and even in India
extend the applicability of blasphemy laws to non-Muslims living in Muslim
countries. Not to speak of the self-avowed clerics like Maulvi Khadim Razvi of
the ‘Tehreek-e-Labbaik Pakistan’ (TLP) or the recently killed Maulvi Samiul
Haque of 'Tehreek-e-Taliban Pakistan' (TTP), even the well-known Barelvi and
Deobandi theologians, Muftis (Islamic
jurists) and more scandalously, even the so-called Sufi-Sunni clerics are
unanimously agreed upon this. They aver that it is incumbent upon the Islamic
government to execute all blasphemers, be they Muslim or non-Muslim. This
actually emanates from their reference to this Hadith report as recorded in
Sahih al-Bukhari: "Slay whoever has desecrated the Prophet" (من سب نبيا فاقتلوه). (Al-Bukhari. 1997, vol.
9, 46)
Interestingly, Imam An-Nasa’i, another authoritative Hadith compiler
like Imam Bukhari, has reportedly accused one of the narrators of this
Hadith of lying.
In one of his
surprising moves, Imran Khan who previously supported the discriminatory
blasphemy laws has now welcomed the Pakistani apex court’s judgment
which acquitted Asia Bibi—a Christian woman who spent 8 years on death
row under Pakistan's blasphemy law. Thus, for the first time, Pakistan's
Supreme Court has tried to challenge the gross misuse of the blasphemy
law in the country. It has categorically stated:
“Blasphemy is a
serious offence but the insult of the appellant's (Asia Bibi) religion
and religious sensibilities by the complainant party and then mixing
truth with falsehood in the name of the Holy Prophet Mohammad was also
not short of being blasphemous”.
Thus, the apex court
has lambasted the Islamist complainants who had insulted Asia's
religious sentiments, which the court said was no less than blasphemy as
Prophet Jesus (pbuh) is also a prophet in Islam. It sets an example of
how to overturn the attempts by the extremists who use the blasphemy law
as a tool to pursue their personal agendas, while claiming to protect
the honour of Prophet Mohammad (pbuh) and at the same time, slurring
other prophets of Islam.
Notably, Imran Khan
who earlier backed the extremist outfit Taliban, calling its insurgency
in Afghanistan as a legitimate jihad against occupying forces, has
confronted another similar self-appointed vigilantes of radial
Islamism—Tehreek-e-Labbaik Pakistan (TLP). Soon after the apex court’s
landmark verdict evoked huge protests and death threats from the
‘Tehreek-e-Labbaik Pakistan’ (TLP), Imran Khan denounced the extremist
antics of the new, self-avowed “Ameer” of the far-right group, Khadim
Hussain Razvi. In his address to the nation on November 1, Khan talked
tough asking the ‘Tehreek-e-Labbaik Pakistan’ (TLP) protestors not to
"confront the State" and refrain from vandalism. He said he had been
"compelled" to communicate with the nation due to the reaction and the
language used by a "small segment" in response to the Supreme Court
verdict, as Dawn reports.
As a result, the
extremist group called off the protests against Asia Bibi's acquittal
with an apology for 'inconveniencing without reason'. According to media
reports, on November 3 the TLP announced the end to the violent
protests and aggressive sit-ins which brought the country to a
standstill since 30 October. However, this announcement came after an
agreement between the government and the TLP, according to which the
government will not oppose the filing of a review petition in the
Supreme Court against Asia Bibi’s acquittal. The govt also promised to
immediately initiate a legal process to place Asia Bibi's name on the
Exit Control List (ECL). Thus, the critics believe, the government of
Pakistan has, as usual, succumbed to the pressure protests by the
Islamist extremists in the country.
Clearly, Imran Khan
does deserve credit for compelling the ‘Tehreek-e-Labbaik Pakistan’
(TLP) to end its violent protests and sit-ins. But at the same time, it
raises an uncomfortable question as to how he is going to deal with the
blasphemy laws in order to craft his Naya Pakistan.
While this was an
opportunity for Imran Khan to turn the page and embrace a more inclusive
vision for the religious minorities in Pakistan, it is more opportune
time to revisit and reform the regressive blasphemy laws. It is time to
candidly expose the insanity behind the laws that have taken life after
life in Pakistan, with the likes of ‘Tehreek-e-Labbaik Pakistan’s (TLP)
radical Islamists having complete impunity. Let’s not forget that Mumtaz
Qadri, the assassin of Governor Salman Taseer who was brutally killed
because of calling Pakistan's Blasphemy laws black, belonged to the same
faction which Imran Khan mistakably considers a "small segment". The
death penalty sentenced to Qadri caused more turbulence in Pakistan that
what we saw with horror in the wake of Asia Bibi's acquittal by the
apex court. The consequent protests by the Islamist hardliners across
the country were much lesser now than the turmoil which was created to
‘exonerate’ Qadri as Ghazi (man of religious valour) and Alahir Rahmah
(the one who is dear to Allah).
All this makes it
patently clear that the public support for the enactment of medieval
Islamic blasphemy laws in Pakistan is strong. Therefore, the
religio-politicians of modern Pakistan like the notorious
‘Tehreek-e-Labbaik Pakistan’ (TLP) leader Khadim Rizvi call for severe
punishments to the supposed blasphemers with a view to shoring up their
political support base.
But more deplorably,
the laws have often been used to get revenge after personal disputes,
and in most such cases, convictions do not stand to scrutiny. In fact,
the public support for religious extremists in the country who enjoy
complete impunity is deeply rooted. The killing of Salman Taseer was not
an isolated incident in Pakistan. A former judge, Arif Iqbal Bhatti was
also brutally assassinated because he did not sentence the accused to
death in a fake case of blasphemy. Similarly, some radical Islamists in
Pakistan, a few years ago, burned alive a mentally disabled man on the
accusation of blasphemy. This insane cruelty was perpetrated despite the
fact that even the Islamic Sharia does not implement the blasphemy law
on anyone who lost his senses.
Not long ago, a
Pashtun Muslim student Mashal Khan was mercilessly lynched in the
premises of his university in Pakistan’s Khyber Pakhtunkhwa over fake
allegations of posting blasphemous content online. Scandalously, the 22
perpetrators of this lynching who were arrested by the Khyber
Pakhtunkhwa police included six employees of the university. More
shockingly, Mashal's friends stated to the police in writing that he was
a devout Muslim but since he strongly protested against the
mismanagement by the university, he was lynched. Also, the Inspector
General Police later stated: "We did not find any concrete evidence
under which a blasphemy investigation or legal action can be launched
against Mashal”.
According to the
Al-Arabiya report, in the last 28 years as many as 62 people have been
murdered in Pakistan on blasphemy allegations, even before their trial
could be conducted in accordance with the law. A report recently
launched by the United States Commission on International Religious
Freedom states, as many as 40 people are on death row or serving a life
sentence in Pakistan for blasphemy.
In fact, the
anti-blasphemy laws which were introduced in British colonial times to
avoid religious clashes have been brazenly misused by both individuals
and radical Islamists with serious repercussions. They turned more
violent in the 1980s when the dictator Zia-ul-Haq introduced several
reforms which led to the abuse of the law. Since then, over 1,000 people
have been accused of blasphemy in Pakistan.
Since 1990, at least
65 people have reportedly been killed in Pakistan over the blasphemy
allegations. Earlier, most of the accused were Muslims or the Ahmadis
also known as Qadiyanis. But since the 1990s, the minority Christians,
who make up just 1.6% of the population, have been systematically
targeted by numerous attacks, as this BBC report tells us:
bbc.com/news/world-asia-46080067.
For any
Muslim-majority country to be civilised and fair to the religious
minorities, one of the measures to be taken is to declare the blasphemy
laws outlawed and abrogated. One of the essential social and political
changes that must occur in Pakistan to usher in democracy is to oust the
medieval Islamic blasphemy laws. It should learn from Ireland which,
until recently, was deeply conservative, dominated by the Catholic
Church, but the country has recently celebrated the end of a “medieval”
blasphemy law.
The abrogation or
reformation of the anti-blasphemy laws will be widely applauded by the
progressive Muslims across the world who hail PM Imran Khan’s stance
against the extremist elements disrupting law and order. Nevertheless,
until the new government moves towards the procedural reforms, the grave
threats of potential exploitation of blasphemy laws will loom large.
On the pretext of protecting the honour of Prophet Muhammad (PBUH) or what is called Tahaffuz-e-Namus-e-Risalat,
the Islamic postulate has always been misused by the hardcore Islamists
in Pakistan. But in reality, the holy Prophet, whose sanctity the
extremists claim to defend never sentenced to death the Meccan pagans,
who cursed, ridiculed and plotted to kill him. Even when the pagans
desecrated the Prophet’s sanctity accusing him of ‘forging’ the Qur’an,
he acted upon the divine instruction indicating that only Allah can
decide the punishment for even as grievous sin as ‘fabricating’ and
‘concocting’ the Qur’an. Allah says:
“Do they say,
'he has fabricated it'? Say you, 'if I have fabricated it, you have no
power for me against Allah. He knows best the (words) you utter about
this (Qur’an) as mockery. And He is Sufficient as witness between me and
you. And He is Forgiving, Merciful”. (Translation by Imam Ahmed Raza Khan Barelvi)
At least, this clear
and categorical verse from the Qur’an should make the Barelvi extremists
in Pakistan reconsider its position on Asia Bibi. Equally important is
to read the Pakistani Supreme Court’s judgment. Most of the Barelvis
challenging the verdict seem to have wholly or conveniently ignored the
apex court's verdict which starts with a declaration of faith, and
involves the first 14 paragraphs clarifying that the Court, and its
judges, hold the holy Prophet in the highest veneration. It actually
starts with a couplet of Allama Iqbal from his famous “Jawaab-e-Shikwa”
considering him the ‘Spiritual Father of Pakistan’, in which the
veneration and adulation of Holy Prophet is reckoned as the foundational
principle of Islam:
Ki Mohammed S.A.W. Se Wafa Tune, To Hum Tere Hain,
Yeh Jahan Kya Cheez Hai Loh-O-Qalam Tere Hain
(We are yours
only with your loyalty towards Prophet Muhammad PBUH. Let alone this
universe, even the Tablet and The Pen are yours.)
Thus, the judgment
holds the Prophet’s prestige and dignity in the highest esteem compared
to all creatures of by Allah and clearly demonstrates his lofty moral
values as the highest exemplary role model bearing an overwhelming
effect on the course of history. “His teachings have undoubtedly brought
about the greatest effect in changing the minds, deeds and conducts of
individuals and nations. His exceptional achievements have surpassed all
predecessors in all respects”, it reads.
Thus, the court’s
judgment authored by the Chief justice substantiates the point that the
“unlimited and unparalleled love” with Allah’s Messenger is an integral
part of a Muslim’s faith. In this connection, the judgment quotes
following verses along with a few Hadith narrations:
“Say, [O
Muhammad], “If your fathers, your sons, your brothers, your wives, your
relatives, wealth which you have obtained, commerce wherein you fear
decline, and dwellings with which you are pleased are more beloved to
you than Allah and His Messenger and jihad in His cause, then wait until
Allah executes His command. And Allah does not guide the defiantly
disobedient people”. (Qur’an 9:24)
“By the star
when it descends, Your companion [Muhammad] has not strayed, nor has he
erred, Nor does he speak from [his own] inclination. It is not but a
revelation revealed”. (53:1-4).
“Say, [O
Muhammad], “If you should love Allah, then follow me, [so] Allah will
love you and forgive you your sins. And Allah is Forgiving and Merciful”. (Qur’an 3:31)
But no, by
your Lord, they will not [truly] believe until they make you, [O
Muhammad], judge concerning that over which they dispute among
themselves and then find within themselves no discomfort from what you
have judged and submit in [full, willing] submission. (4:65).
It is not for
a believing man or a believing woman, when Allah and His Messenger have
decided a matter, that they should [thereafter] have any choice about
their affair. And whoever disobeys Allah and His Messenger has certainly
strayed into clear error. (Qur’an 33:36)
“Certainly,
you have in Allah’s Messenger an excellent example (role-model) to
follow, for whoever looks forward to Allah and the last day and
remembers Allah abundantly.” (Qur’an 33:21)
And when you, [O
Muhammad], do not bring them a sign, they say, "Why have you not
contrived it?" Say, "I only follow what is revealed to me from my Lord.
This [Qur'an] is enlightenment from your Lord and guidance and mercy for
a people who believe." (Qur’an 7:203).
And indeed, for you is a reward uninterrupted. And indeed, you are of a great moral character. (Qur’an 68:3-4)
And We have not sent you, [O Muhammad], except as a mercy to the worlds. (Qur’an 21:107)]
Among the Jews are
those who distort words from their [proper] usages and say, "We hear and
disobey" and "Hear but be not heard" and "Ra'ina" (راعنا) twisting
their tongues and defaming the religion. And if they had said [instead],
"We hear and obey" and "Wait for us [to understand]," it would have
been better for them and more suitable. But Allah has cursed them for
their disbelief, so they believe not, except for a few. (Qur’an 4:46)
By quoting these
verses from Qur’an, the Supreme Court’s verdict has unequivocally
described the glorification and exaltation of Holy Prophet and has
ordered Muslims to strictly observe maximum respect and be extremely
careful in this regard, to the extent of using most appropriate words
and even lowering their voices, as mentioned in the following verse from
Surah Al-Hujurat:
“O ye who
believe! raise not your voices above the voice of the Prophet nor shout
when speaking to him as you shout one to another, lest your deeds be
rendered vain while you perceive not.” (Qur’an 4:46)]
As for the punishment
for blasphemy against Prophet Muhammad (pbuh), it has been endorsed in
the judgement which quotes the following verse from Surah Al-Ahzab in
its premise:
“Lo! Those
who malign Allah and his Messenger, Allah hath cursed them in the world
and the Hereafter, and hath prepared for them the doom of the
disdained”. (Qur’an 33:57)
The judgment also puts forward an explanation of this verse by Imam Qurtubi, the famous Mufassir (Qur’an exegete) from Cordoba of Maliki origin, who writes in his commentary of the Qur’an:
“Everything which
becomes a means of malignity (Aza’a) of the Holy Prophet (pbuh) whether
by quoting words bearing different meanings or similar actions comes
under his malignity?”
(Al Jaam’e li Ahkaam al-Qur’an, Vol.XIV, page 238)
The judgement also
brings, along with other commentaries, exegesis of the same verse by
Imam Ismail Haqqi, the 17th-century Turkish Sufi scholar and interpreter
of the Qur’an. He writes in Rūḥ al-Bayān (the Spirit of Elucidation), an esoteric interpretation of the Qur’an:
“…..the
malignity of Allah and his Prophet (pbuh) meant only the malignity of
the Prophet in fact, and mention of Allah (SWT) is only for
glorification and exaltation to disclose that the malignity of the
Prophet (pbuh) (is indeed the malignity of Allah (SWT).”
But what surprised me
is the fact that the apex court’s verdict did not make mention of Imam
Abu Hanifa and Imam Tahawi, the two most eminent Hanafi Imams who
rejected the enactment of blasphemy laws on the Ahl Zimmah (non-Muslim citizens of the Islamic countries), as clearly evidenced in Imam Nawawi’s classical work “al-Majmu’ Shrah al-Muhazzab”.
Significantly, the
vast literature of Islamic jurisprudence does not mention blasphemy as
consistent part of the Islamic penal code. But the Pakistani Supreme
Court’s 57-page verdict offers several references to the Qur’anic verses
and Hadith traditions in support of punishing the blasphemers. But at
the same time, it gives crucial key observations, such as these:
· "Islam may
tolerate anything but it teaches zero tolerance for injustice,
oppression, and violation of the rights of other human beings the
Qur’an speaks about, from the very beginning”.
· "If our
religion of Islam comes down heavily upon the commission of blasphemy,
then Islam is also very tough against those who level false allegations
of a crime".
·
"It is a well-settled principle of Islamic law that one who makes an
assertion has to prove it. Thus, the onus rests on the prosecution to
prove the guilt of the accused beyond reasonable doubt throughout the
trial."Thus, the bench noted that the prosecution was unable to
successfully prove its case.
Notably, the apex
court’s verdict has strongly rejected the lower court’s judgment in this
case and rather critiqued it for failing to “give a fair judgment in
the light of clear Qur’anic injunctions”. The verdict quotes Surah
Al-Maida’s verse that requires believers to "persistently stand firm
for Allah, witnesses in justice, and do not let the hatred of a people
prevent you from being just. Be just, that is nearer to righteousness.
And fear Allah; indeed, Allah is acquainted with what you do”.
Similarly, this verdict makes another strong reference to the Qur’an:
"So follow
not [personal] inclination, lest you not be just. And if you distort
[your testimony] or refuse [to give it], then indeed Allah is ever, with
what you do, acquainted" (Surah Al Nisa: verse 135).
Thus, the verdict
argues that the personal vendettas should not be used to accuse anyone
of blasphemy. In addition to citing the Qur’an, the judgement also
referenced Shakespeare's King Lear, saying Asia was "more sinned against
than sinning."
In conclusion, the
Pakistani Supreme Court’s verdict on the Christian lady accused of
blasphemy Asia Bibi, does consider the blasphemy as punishable and its
law as immutable. However, it only says that “unless proven guilty,
through a fair trial, as provided for in the Constitution and the law,
every person is considered innocent, irrespective of their creed, caste
and colour”. It again quotes a verse from Surah Al-Ma’aidah:
“….. he who
slays a soul unless it be (in punishment) for murder or for spreading
mischief on earth shall be as if he had slain all mankind; and he who
saves a life shall be as if he had given life to all mankind. ……”. (Qur’an 5:32)
------
Regular
Columnist with Newageislam.com, Ghulam Rasool Dehlvi is a classical
Islamic scholar and English-Arabic-Urdu writer. He has graduated from a
leading Islamic seminary of India, acquired Diploma in Qur'anic sciences
and Certificate in Uloom ul Hadith from Al-Azhar Institute of Islamic
Studies. Presently, he is pursuing his PhD in Jamia Millia Islamia, New
Delhi
New
Age Islam, Islam Online, Islamic Website, African Muslim News, Arab
World News, South Asia News, Indian Muslim News, World Muslim News,
Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamphobia
in America, Muslim Women in West, Islam Women and Feminism
