Blasphemy & Hate Speech

What is blasphemy?

Definition

To blaspheme is to speak with contempt about God or to be defiantly

irreverent. According to Black's Law Dictionary, blasphemy is “the

written or oral reproach of God, His name, attributes, or religion.”

This is similar to slander, which is “malicious oral lies that harm a

reputation,” and libel, which is “slander through writing or another

type of recording or transmission.” Blasphemy is slander and libel

directed at God.

History

In 1927, the British colonial rulers of the sub-continent made it a criminal offence to commit “deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religious belief”. The law did not discriminate between religions.

The law was retained when Pakistan gained independence in 1947 under the rule of the country’s moderate founder Mohammad Ali Jinnah.

Pakistan’s late military ruler Mohammed Zia ul Haq, who was in power for 11 years from 1977, made several additions to its blasphemy laws, including life imprisonment for those defiling or desecrating the Holy Quran.

Pakistan Penal Code

The Pakistan Penal Code prohibited blasphemy against any recognized religion, providing penalties ranging from a fine to death.

Over 50 people accused of blasphemy have been murdered before their respective trials were over, and prominent figures who opposed blasphemy laws (Salman Taseer, the former governor of Punjab, and Shahbaz Bhatti, the Federal Minister for Minorities) have been assassinated.

 Since 1990, 62 people have been murdered as a result of blasphemy allegations.

Actual Law

295 A: Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

By words, either spoken or written or by visible representations.

Imprisonment: for a term which may extend to ten years, or with fine, or both.

295 B:This law was amended further in 1982 as 295-B

Defiling the Holy Qur’an, was added by Presidential Ordinance

With imprisonment for life

295 C: General Zia-ul-Haq added section 295-C through Criminal Law (amended) Act III of 1986.

Use of derogatory remarks etc., in respect of the Holy Prophet;

Whoever by words, either spoken or written, or by visible representation

Further amended by the judgment of the Federal Shariat Court;

Death penalty mandatory on conviction.

A Muslim Judge only may hear the case under this section of the law (Section 295-C).

The Rimsha Masih Case

Arrest

Aug 16, 2012 – allegedly burning Quranic pages

Aug 24 – informed AFP of doubts

Community forced 300 locals (Christians) to leave

Health Condition

Conflicting reports- mental condition & age

Medical report- 14 years

Questioned by accuser’s lawyer- ‘favoring’ her

Domestic & International Reaction

Widespread condemnation

France urged her release

All Pakistan Ulema Council & Pakistan Interfaith League

Father- appeal to President

Civil organization: Avaaz (1M signatures)

Accuser’s lawyer- interference of govt.

New Evidence & Release on Bail

Sept 2- M. Chisti arrested

Chairman APUC, Tahir Ashrafi- Daughter of the Nation

Sept 7- Rimsha released on bail

Airlifted to undisclosed location

AFP- quoted witnesses

Acquittal & Emigration

Nov 20- Cleared of all charges by IHC

June 2013- CBC News reported: Rimsha & Family living

in Canada

Aug 17- Lawyer of Chishti reported: District judge

granted acquittal for not sufficient evidence.

DIFFERENT CASES OCCURED IN PAST YEARS

Case occurred in year 2003

Case occurred in year 2006

Case took place in year 2010

Christian couple burnt in 2014

Blasphemy content shown on media

REACTIONS

Salman Taseer Murder Case

Shahbaz Bhatti Murder Case

Christian couple burnt alive in 2014

Salman taseer murder :

Murderer:

Support, dealing with the same case:

Blasphemy cases on tv programs:

The Islamic Perspective

According to the Qur’an, capital punishment can only be given to murderers and those who take the law into their hands. (Qur’an; 5:32)

This means capital punishment cannot be given to a person who is found guilty of committing blasphemy.

The Qur’an says: “Don’t use abusive language against their false gods lest they should use the same language against yours in retaliation.” (Qur’an; 6:108)

Conclusion

On March 19, 2014, Pakistani English-language newspaper, The Nation, conducted a poll of its readers that showed 68% of Pakistanis believe the blasphemy law should be abolished.

Two aspects of the blasphemy law:

1. Limits the freedom of speech and expression relating to blasphemy, or it cannot accept any disrespect toward holy personages, religious artifacts, customs, or beliefs.

2. Gives protection to those who feel insulted on account of their religion. Forbids hate speech, the vilification of religion, or "religious insult".

Questions:

Whether this law is maintaining peace and promoting mutual tolerance in the society?

Is this law preventing social progression, crushing minorities, and preventing freedom of speech?

Is it a secular democratic law for benefit of all and loss to none?

Do you think what is taken blasphemy for one religion may be considered blasphemy for another faith?

Are the brutal murders due to personal rivalries in the name of religion are justified?