Blasphemy law in Pakistan
Encyclopedia
The Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...

 Penal Code
Pakistan penal code
The Pakistan Penal Code usually called PPC is a penal code for all offences charged in Pakistan. It was originally prepared by Lord Macaulay with a great consultation in 1860 on the behalf of the Government of British India as the Indian Penal Code...

 prohibits blasphemy
Blasphemy
Blasphemy is irreverence towards religious or holy persons or things. Some countries have laws to punish blasphemy, while others have laws to give recourse to those who are offended by blasphemy...

 against any recognized religion, providing penalties ranging from a fine to death. However, in practice, it is only applied to Islam. An accusation of blasphemy commonly subjects the accused, police, lawyers, and judges to harassment, threats, and attacks. An accusation is sometimes the prelude to vigilantism and rioting.

Calls for change in the blasphemy laws have been strongly resisted by Islamic parties.

Prominent figures like Salman Taseer (the former governor of Punjab) and Shahbaz Bhatti
Shahbaz Bhatti
Clement Shahbaz Bhatti , popularly known as Shahbaz Bhatti, was a Pakistani politician and elected member of the National Assembly from 2008. He was the first Federal Minister for Minorities Affairs from November 2008 until his assassination on 2 March 2011 in Islamabad...

 (the Federal Minister for Minorities) have been assassinated for their opposition to the blasphemy laws.

The constitution

By its constitution, the official name of Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...

 is the "Islamic Republic of Pakistan." More than 96% of Pakistan's 167 million citizens (2008) are Muslims. Among countries with a Muslim majority, Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...

 has the strictest anti-blasphemy laws. The first purpose of those laws is to protect Islamic authority. By the constitution (Article 2), Islam is the state religion
State religion
A state religion is a religious body or creed officially endorsed by the state...

. By the constitution's Article 31, it is the country's duty to foster the Islamic way of life. By Article 33, it is the country's duty to discourage parochial, racial, tribal, sectarian, and provincial prejudices among the citizens.

The blasphemy laws

Several sections of Pakistan's Criminal Code comprise its blasphemy law
Blasphemy law
Blasphemy law is law relating to blasphemy, or irreverence toward supposed holy personages, religious artifacts, customs, and beliefs.In some countries, blasphemy is not a crime. In the United States of America, for example, a prosecution for blasphemy would violate the Constitution according to...

s. § 295 forbids damaging or defiling a place of worship or a sacred object. § 295-A forbids outraging religious feelings. § 295-B forbids defiling the Quran. § 295-C forbids defaming the Islamic prophet Muhammad
Muhammad
Muhammad |ligature]] at U+FDF4 ;Arabic pronunciation varies regionally; the first vowel ranges from ~~; the second and the last vowel: ~~~. There are dialects which have no stress. In Egypt, it is pronounced not in religious contexts...

. Except for § 295-C, the provisions of § 295 require that an offence be a consequence of the accused's intent. Defiling the Quran merits imprisonment for life. Defaming Muhammad merits death with or without a fine. (See below Sharia.) If a charge is laid under § 295-C, the trial must take place in a Court of Session with a Muslim judge presiding.

§ 298 states:
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 prohibits the use of any derogatory remark or representation in respect of Muslim holy personages. § 298-B and § 298-C prohibit the Ahmadiyya
Ahmadiyya
Ahmadiyya is an Islamic religious revivalist movement founded in India near the end of the 19th century, originating with the life and teachings of Mirza Ghulam Ahmad , who claimed to have fulfilled the prophecies about the world reformer of the end times, who was to herald the Eschaton as...

 from behaving as Muslims behave, calling themselves Muslims, proselytizing, or "in any manner whatsoever" outraging the religious feelings of Muslims. Violation of any part of § 298 makes the violator liable to imprisonment for up to three years and liable also to a fine.

Between 1986 and 2007, Pakistani authorities charged 647 people with blasphemy offences. Fifty percent of these were non-Muslims, who represent only 3% of the national population. No judicial execution for blasphemy has ever occurred in Pakistan, but 20 of those charged were murdered.

The only law that may be useful in countering misuse of the Blasphemy law is PPC 153 A (a), whoever “by words, either spoken or written, or by signs, or by visible representations or otherwise, promotes or incites, or attempts to promote or incite, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities” shall be fined and punished with imprisonment for a term that may extend to five years.

On Jan. 12, 2011, Prime Minister of Pakistan Yousuf Raza Gilani once again said that there would be no amendments to the blasphemy law.

Sharia

The Federal Shariat Court
Federal Shariat Court of Pakistan
The Federal Shariat Court of Pakistan is a court which has the power to examine and determine whether the laws of the country comply with Shari'a law...

 (FSC) is a religious body which rules on whether any particular law is repugnant to the injunctions of Islam. If a law is repugnant to Islam, "the President in the case of a law with respect to a matter in the Federal Legislative List or the Concurrent Legislative List, or the Governor in the case of a law with respect to a matter not enumerated in either of those Lists, shall take steps to amend the law so as to bring such law or provision into conformity with the Injunctions of Islam" (Constitution, Article 203D). In October 1990, the FSC ruled that § 295-C was repugnant to Islam by permitting life imprisonment as an alternative to a death sentence. The Court said "the penalty for contempt of the Holy Prophet . . . is death." The FSC ruled that, if the President did not take action to amend the law before 30 April 1991, then § 295-C would stand amended by its ruling.

Promptly after the FSC's ruling in 1990, Bishop Dani L. Tasleem filed an appeal in the Supreme Court of Pakistan, which has the power to overrule the FSC. In April 2009, the Shariat Appellate Bench of the Supreme Court considered the appeal. Deputy Attorney-General Agha Tariq Mehmood, who represented the federal government, said that the Shariat Appellate Bench dismissed the appeal because the appellant did not pursue it. The appellant did not present any argument on the appeal because the appellant, according to reports, was no longer alive. Consequently, it appears to be the law in Pakistan that persons convicted under § 295-C must be sentenced to death with or without a fine.

Vigilantism

Those who are accused of blasphemy may be subject to harassment, threats, and attacks. Police, lawyers, and judges may also be subject to harassment, threats, and attacks when blasphemy is an issue. Those accused of blasphemy are subject to immediate incarceration, and most accused are denied bail to forestall mob violence. It is common for those accused of blasphemy to be put in solitary confinement for their protection from other inmates and guards. Like those who have served a sentence for blasphemy, those who are acquitted of blasphemy usually go into hiding or leave Pakistan.

United Nations

Pakistan's opposition to blasphemy has caused Pakistan to be active in the international arena in promoting global limitations on freedom of religion or belief and limitations on freedom of expression. In March 2009, Pakistan presented a resolution to the United Nations Human Rights Council
United Nations Human Rights Council
The United Nations Human Rights Council is an inter-governmental body within the United Nations System. The UNHRC is the successor to the United Nations Commission on Human Rights , and is a subsidiary body of the United Nations General Assembly...

 in Geneva which calls upon the world to formulate laws against the defamation of religion. See blasphemy.

Internet censorship

In May 2010, Pakistan blocked access to Facebook
Criticism of Facebook
Facebook's growth as an Internet social networking site has met criticism on a range of issues, including online privacy, child safety, and the inability to terminate accounts without first manually deleting the content. In 2008, many companies removed their advertising from the site because it was...

 because the website hosted a page called Everybody Draw Muhammad Day. Pakistan lifted the block after Facebook prevented access to the page. In June 2010, Pakistan blocked
Internet censorship in Pakistan
Internet censorship in Pakistan is government control of information sent and received using the Internet.- Overview :The OpenNet Initiative listed Internet filtering in Pakistan as substantial in the social and conflict/security areas, as selective in the Internet tools area, and as suspected in...

 seventeen websites for hosting content that the authorities considered offensive to Muslims. At the same time, Pakistan began to monitor the content of Google
Google
Google Inc. is an American multinational public corporation invested in Internet search, cloud computing, and advertising technologies. Google hosts and develops a number of Internet-based services and products, and generates profit primarily from advertising through its AdWords program...

, Yahoo, YouTube
YouTube
YouTube is a video-sharing website, created by three former PayPal employees in February 2005, on which users can upload, view and share videos....

, Amazon
Amazon.com
Amazon.com, Inc. is a multinational electronic commerce company headquartered in Seattle, Washington, United States. It is the world's largest online retailer. Amazon has separate websites for the following countries: United States, Canada, United Kingdom, Germany, France, Italy, Spain, Japan, and...

, MSN
MSN
MSN is a collection of Internet sites and services provided by Microsoft. The Microsoft Network debuted as an online service and Internet service provider on August 24, 1995, to coincide with the release of the Windows 95 operating system.The range of services offered by MSN has changed since its...

, Hotmail
Hotmail
Windows Live Hotmail, formerly known as MSN Hotmail and commonly referred to simply as Hotmail, is a free web-based email service operated by Microsoft as part of its Windows Live group. It was founded by Sabeer Bhatia and Jack Smith and launched in July 1996 as "HoTMaiL". It was one of the first...

, and Bing.

Selected cases

  • On March 2, 2011 Shahbaz Bhatti
    Shahbaz Bhatti
    Clement Shahbaz Bhatti , popularly known as Shahbaz Bhatti, was a Pakistani politician and elected member of the National Assembly from 2008. He was the first Federal Minister for Minorities Affairs from November 2008 until his assassination on 2 March 2011 in Islamabad...

    , Pakistan's Federal Minister for Minorities Affairs (a Roman Catholic member of the National Assembly), was killed by gunmen in Islamabad as he was travelling to work, a few weeks after he had vowed to defy death threats over his efforts to reform Pakistan's blasphemy laws.

  • In November 2010, Asia Bibi
    Asia Bibi
    Asia Noreen is a Pakistani Christian woman who was convicted of blasphemy by a Pakistani court, receiving a sentence of death by hanging. The verdict, which would need to be upheld by a superior court, has received worldwide attention...

     was sentenced to death by hanging on a charge of blasphemy; the case that has yet to be upheld by the Lahore High Court has sparked international reactions. Punjab Governor Salman Taseer was shot dead by his security guard for supporting Asia Bibi
    Asia Bibi
    Asia Noreen is a Pakistani Christian woman who was convicted of blasphemy by a Pakistani court, receiving a sentence of death by hanging. The verdict, which would need to be upheld by a superior court, has received worldwide attention...

    . Salman Taseer had visited Asia Bibi
    Asia Bibi
    Asia Noreen is a Pakistani Christian woman who was convicted of blasphemy by a Pakistani court, receiving a sentence of death by hanging. The verdict, which would need to be upheld by a superior court, has received worldwide attention...

     in Jail and had held a press conference with her. http://www.youtube.com/watch?v=i7L18cmAf6k He had told media that Asia Bibi
    Asia Bibi
    Asia Noreen is a Pakistani Christian woman who was convicted of blasphemy by a Pakistani court, receiving a sentence of death by hanging. The verdict, which would need to be upheld by a superior court, has received worldwide attention...

     will be released soon and the President of Pakistan will soon annul her death sentence. This triggered mass protests in Pakistan with many imams of local mosques claiming that Salman Taseer had defied Mohammed and should be sentenced to death for it. Taseer was later assassinated in early 2011.

  • In July 2010, a trader in Faisalabad complained that one of his employees had been handed a pamphlet which contained disrespectful remarks about Muhammad. According to the police, the pamphlet appeared to have the signatures and addresses of Pastor Rashid Emmanuel and his brother Sajid, who were Christians. The brothers were shot and killed while being escorted by the police from a district court. Both had denied the charge of blasphemy. Allama Ahmed Mian Hammadi, a Pakistani Muslim cleric, claimed that Shahbaz Bhatti
    Shahbaz Bhatti
    Clement Shahbaz Bhatti , popularly known as Shahbaz Bhatti, was a Pakistani politician and elected member of the National Assembly from 2008. He was the first Federal Minister for Minorities Affairs from November 2008 until his assassination on 2 March 2011 in Islamabad...

    , Pakistan's Federal Minister for Minorities, had himself committed blasphemy by branding the murdered Christian brothers as victims of Pakistan's blasphemy laws.

  • On 30 July 2009, hundreds of members of Sipah-e-Sahaba, a banned Muslim organization, torched Christian
    Christian
    A Christian is a person who adheres to Christianity, an Abrahamic, monotheistic religion based on the life and teachings of Jesus of Nazareth as recorded in the Canonical gospels and the letters of the New Testament...

     homes and killed Christians in the Punjabi city of Gojra
    Gojra
    Gojra , the capital of Gojra Tehsil, is a city of Toba Tek Singh District in the Punjab province of Pakistan, it is located at 31°9'N 72°41'E and is located 30 miles from Faisalabad, 125 km from Burewala, 157 km from Vehari and north of Toba Tek Singh...

     and in the nearby village of Korian. The professed reason for the violence was that a Christian had defiled a Quran.

  • On 22 January 2009, Hector Aleem a Christian Human Rights Activist in Pakistan was arrested on a blasphemy charge. According to the FIR, someone sent a blasphemous text message to the leader of Sunni Tehreek. Hector Aleem was arrested because the sender had once contacted him. Hector Aleem, the Chairman of Peace Worldwide, had been working for a church in Islamabad which was demolished by the CDA (Capital Development Authority) for having been built illegally. When Hector Aleem objected to the destruction of the church he was faced with several threats and lawsuits ranging from fraud to criminal charges. He fought all of them in the courts and proved his innocence. He also faced several assassination attempts. Hector Aleem was eventually arrested on the charge of blasphemy, and was tortured in police custody.

  • In February 2008, Special Rapporteurs of the United Nations Human Rights Council
    United Nations Human Rights Council
    The United Nations Human Rights Council is an inter-governmental body within the United Nations System. The UNHRC is the successor to the United Nations Commission on Human Rights , and is a subsidiary body of the United Nations General Assembly...

     reminded Pakistan's representative of the matter regarding Raja Fiaz, Muhammad Bilal, Nazar Zakir Hussain, Qazi Farooq, Muhammad Rafique, Muhammad Saddique and Ghulam Hussain. According to the allegations received, the men were members of the Mehdi Foundation International (MFI), a multi-faith institution utilizing the name of Riaz Ahmed Gohar Shahi
    Riaz Ahmed Gohar Shahi
    Riaz Ahmed Gohar Shahi is a spiritual leader, founder of the spiritual movements RAGS International and Anjuman Serfaroshan-e-Islam ....

    . They were arrested on 23 December 2005 in Wapda Town. The police confiscated posters on which Gohar Shahi was shown as "Imam Mehdi." On 13 July 2006, the Anti-Terrorism Court No. 1 in Lahore sentenced each accused to five years of imprisonment, inter alia, under § 295-A for having outraged others' religious feelings. Since 27 August 2006, the seven men have been detained in Sahiwal Jail, Punjab, where they were forced to parade naked, and were suspended from the ceiling and beaten. The prisoners' records were posted outside the cell and falsely indicated that they had been sentenced under § 295-C. For this reason, they were constantly threatened and intimidated by prison staff as well as by other detainees. One MFI member was targeted by several other inmates and sexually assaulted. Subsequently, other staff members sexually abused him and pushed burning cigarette butts into his anus.

  • Christians and Muslims in Pakistan condemned Dan Brown
    Dan Brown
    Dan Brown is an American author of thriller fiction, best known for the 2003 bestselling novel, The Da Vinci Code. Brown's novels, which are treasure hunts set in a 24-hour time period, feature the recurring themes of cryptography, keys, symbols, codes, and conspiracy theories...

    's novel The Da Vinci Code
    The Da Vinci Code
    The Da Vinci Code is a 2003 mystery-detective novel written by Dan Brown. It follows symbologist Robert Langdon and Sophie Neveu as they investigate a murder in Paris's Louvre Museum and discover a battle between the Priory of Sion and Opus Dei over the possibility of Jesus having been married to...

    as blasphemous. On 3 June 2006, Pakistan banned the film
    The Da Vinci Code (film)
    The Da Vinci Code is a 2006 American mystery thriller film directed by Ron Howard. The screenplay was written by Akiva Goldsman and based on Dan Brown's worldwide bestselling 2003 novel, The Da Vinci Code...

    . Culture Minister Ghulam Jamal said: "Islam teaches us to respect all the prophets of God Almighty and degradation of any prophet is tantamount to defamation of the rest."

  • On 11 August 2005, Judge Arshad Noor Khan of the Anti-Terrorist Court found Younus Shaikh
    Younus Shaikh (author)
    Mohammad Younus Shaikh is a hotel manager and writer in Kharadar, Pakistan. In 2005, he wrote a book: "Shaitan Maulvi" . On account of that book, the police charged Shaikh with offences under Pakistan's Penal Code and under the Anti-terrorism Act...

     guilty of defiling a copy of the Quran, outraging religious feelings, and propagating religious hatred among society. Shaikh's conviction occurred because he wrote a book: Shaitan Maulvi (Satanic Cleric). The book said stoning to death (Rajam) as a punishment for adultery was not mentioned in the Quran. The book said also that four historical imams (religious leaders) were Jews. The judge imposed upon Shaikh a fine of 100,000 rupees, and sentenced him to spend his life in jail.

  • In October 2000, Pakistani authorities charged Dr. M. Younus Shaikh M.D., a physician, with blasphemy on account of remarks that students claimed he made during a lecture. The students alleged that, inter alia, Shaikh had said Muhammad's parents were non-Muslims because they died before Islam existed. A judge ordered that Shaikh pay a fine of 100,000 rupees, and that he be hanged. On 20 November 2003, a court retried the matter and acquitted Shaikh, who fled Pakistan for Switzerland soon thereafter.

  • The police arrested Ayub Masih, a Pakistani Christian bricklayer for blasphemy on 14 October 1996 and jailed him for violation of § 295-C. Muhammad Akram, a Muslim neighbor to Masih, complained to the police that Masih had said Christianity was right, and Masih had recommended that Akram read Salman Rushdie's Satanic Verses. The same day that Masih was arrested, Muslim villagers forced the entire Christian population of Masih's village (fourteen families) to leave the village. Masih's family had applied under a government program that gave housing plots to landless people. Local landlords resented Masih's application because the landlords had been able to oblige landless Christians to work in the fields in exchange for a place to live. Masih's application gave him a way out of his subservience to the landlords. Upon Masih's arrest, the authorities gave Masih's plot to Akram. Akram shot and injured Masih in the halls of the Session Court at Sahiwal on 6 November 1997. Four assailants attacked Masih in jail. The authorities took no action against Akram or against the other assailants. On 20 April 1998, Judge Abdul Khan sentenced Masih to death and levied a fine of 100,000 rupees. Two judges of the Lahore High Court heard Masih's appeal on 24 July 2001. Shortly thereafter, the judges affirmed the judgment of the trial court. On 16 August 2002, the Supreme Court of Pakistan set aside the judgment of the lower courts. The Supreme Court noted Akram's acquisition of Masih's property and concluded the case had been fabricated for personal gain. The court also noted other breaches in the law of due process.

See also

  • Apostasy in Islam
    Apostasy in Islam
    Apostasy in Islam is commonly defined in Islam as the rejection in word or deed of one's former religion by a person who was previously a follower of Islam...

  • Freedom of religion in Pakistan
  • Sharia#Democracy and human rights
  • Court system of Pakistan
    Court system of Pakistan
    Court system of Pakistan is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature while others are provincial.-Structure of courts in Pakistan:...

  • Pakistan Penal Code
    Pakistan penal code
    The Pakistan Penal Code usually called PPC is a penal code for all offences charged in Pakistan. It was originally prepared by Lord Macaulay with a great consultation in 1860 on the behalf of the Government of British India as the Indian Penal Code...


External links



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