Activist Arafat Mazhar, who has researched the origin of Pakistan’s blasphemy laws, pointed out that in Islam blasphemy laws do not apply to non-Muslims and that Muslims accused of blasphemy should get the opportunity to defend themselves so the possibility of forgiveness remains open and mob violence can be avoided.
While speaking during a show on Naya Daur Media about the Sialkot lynching and the need for counter-extremism measures, Mazhar talked about the history of Pakistan’s blasphemy laws and what needs to be done in order to curb mob violence and eradicate radicalization from society.
Mazhar is of the opinion that extrajudicial violence was linked to the law itself and the nature of the legislation leaves it open to misuse. He explained that the law was designed to encourage mob violence against blasphemy accused.
He added that religious parties blame the weakness of the judicial process for instances of mob violence linked to blasphemy allegations and validate such incidents.
Further, he said that the blasphemy law was made by the British and the clause about malicious intent was deliberately excluded from the legislation, which has directly resulted in instances of mob violence. The person who levels blasphemy allegations is bound to prove malicious intent, but this part is not taken into account during blasphemy trials.
Mazhar said that Pakistan’s own Federal Shariat Court has ruled that the presence of malicious intent is necessary to punish someone under this law but this stipulation is missing from the law itself. He emphasised that the law can only be applied to Muslims and they too should be given full opportunity to defend themselves.
While answering a question about the steps that need to be taken in order to deter mob violence, Mazhar said that statements condemning such behaviour need to be issued from the high state offices. He added that statements from Ulema, including Mufti Rafi Usmani and Taqi Usmani, exist which say that this is a pardonable law and such narratives need to be brought forward.
He also said that state and civil society needs to raise public awareness through arts, films, historical narratives, etc. in order to deradicalize society. He added that we need legislation that specifically targets the misuse of the blasphemy law.
Mazhar added that conversations need to be held at college campuses in order to curb the growing of radicalization in society.
What blasphemy Law?
The Quran informs the reader that the Prophet was mocked, ridiculed (37:12) like the messengers before him (13:32; 15:11; 21:41). He was called an inventor, forger, a liar (16:101; 25:4), a man who was bewitched (17:47; 25:8), that he was a possessed poet (37:36). Insults were even hurled at the Quran, in that it was called ‘muddled dreams’ (21:5), ‘foreign, outlandish’ (16:103), an invention, a forgery (38:7) and tales of the men of the past (25:5).
However, the single most grave blasphemy was undoubtedly the blasphemy against God Himself.
7.180 “The most beautiful names belong to God: so call on him by them; but shun such men as use profanity (Arabic: Yul’hiduna) in His names: for what they do, they will soon be requited”
Arabic: Yul’hiduna – Blaspheme, deviate, violate, distort, pervert.
At no point did any of these insults attract the death penalty.
Rather, the advice was:
38.017 “Be patient over what they say and remember our servant David, the man of strength for he was repeatedly turning (to God)”
20.130 “Therefore be patient with what they say, and celebrate (constantly) the praises of thy Lord, before the rising of the sun and before its setting, yea, celebrate them for part of the hours of the night, and at the sides of the day: that you may have (spiritual) joy”
Whether repeated insults and evil transgression which incite hatred, terrorism and evil in the land can be classed as ‘fasaad’ remains a matter for the state to decide. However, this is very different from the general ‘blasphemy’ understood by many Muslims today who believe it correct to murder anyone for uttering anything against the Prophet.
By the way those who criticize the noble personality of the blessed Messenger (S) take their material from sectarian Hadith Books compiled by defeated Persians generations after. Who is going to have the guts to clean them up?
There is no doubt that death penalty in blasphemy law is the justification for this growing mob behaviour in Pakistan. Its against natural justice to have death penalty for what is an abusive behaviour against a culture, religion and its historical figures. Couple of years of jail term as a maximum would be justified if criminal intent can be proved in a court of law. This law needs to be reformed. It’s bringing bad name to our religion which is based on tolerance and non-violence. Allah is rehman and our prophet Mohammad PBUH was sent as rehmat-ul-lilalamin. So how can violence and cruelty be committed in the name of Islam? It’s truly a misguided piece of legislation and a Fitna.