Acquittal of Asia Bibi: is it a religious dispute?

Author: Aamir Yaqoob

Shortsighted and reactionary responses given to alleged incidents of blasphemy of the Holy Prophet (PBUH) have overshadowed other highly significant teachings of Islam. Besides protecting the honour of the Prophet (PBUH), Islam cherishes the principle of justice and inviolability of life and dignity of individuals. Recent public display of emotionalism in the aftermath of the Supreme Court’s verdict in the favour of Asia Bibi, has demonstrated the inability of charged mobs led by clerics to discern between legal and religious aspects of the judgment. The comprehensive ruling of more than 50 pages hardly contains any disagreement of religious nature with the hardcore religious faction of our society. The accused is acquitted of blasphemy charges simply because of legal invalidity of the evidence produced before the court. Therefore, it is advisable for the public to ascertain real motives behind the protest before falling prey to the vandalism disguised as religious cause.

The judgment, severely condemned for being un-Islamic by the agitated clerics, quotes from the Quran for more than 25 times. Moreover, it relies upon Hadiths and sayings of notable religious scholars to support its argumentation. Interestingly, many of these quotations overlap those being recited in the processions led by self-styled protectors of the dignity of the Prophet (PBUH). Also, it is equally astonishing to note that judges are deducing similar if not identical meanings from these sacred excerpts. For instance, Paragraph 4 of the judgment declares unlimited and unparalleled love with Allah’s Messenger (PBUH) as an integral part of Muslim faith based on quotes from SurahAt-Tawba and Al-Najam along with Hadiths narrated by Abu Hurairah (RA) and Anas (RA). Nonetheless, judges and protesters are seemingly at odds on the implication of such love for the Prophet of Islam (PBUH). However, for a pious Muslim, the love of the Messenger (PBUH) should never lead to fasad-filardh or damage and destruction.

As far as the sanctity of the Prophet (PBUH) and legal consequences of a blasphemous act are concerned, nowhere in the verdict, the judges disregard religious views of Ulema or conventional interpretation of 295(C). Paragraph 12 of the judgment goes “…no one could be allowed to defy the name of the Holy Prophet Muhammad (PBUH) and be left unpunished…”. This clearly shows that the judgment, in principle, is in perfect harmony with religious principles surrounding the question of blasphemy. So why were the judgments of Court of Sessions and High Court set aside by Supreme Court? In fact, on the bases of material contradictions and inconsistencies in the statements of the witnesses, the court granted ‘benefit of doubt’ to the accused. Secondly, both High Court and Supreme Court treated ‘extra-judicial confession’ of Asia Bibi as a ‘fragile piece of evidence’ in the light of Qanun-e-Shahadat Order 1984. Finally, the three-member bench ordered release of the accused purely on legal grounds without impairing religious principles or statutes in this regard.

Despite exposing contradictions in the evidence of prosecution, Justice Khosa, in his additional note, has somewhat broadened the interpretation of blasphemy. In Paragraph 25 of additional note, he argues that disrespecting religion and religious sensibilities of non-Muslims and mixing truth with falsehood under the sacred slogan of dignity of the Prophet (PBUH) is no less blasphemous

Yet another thought provoking aspect of the verdict of the highest court in the land is its deliberate focus on the term blasphemy.  Despite exposing contradictions in the evidence of prosecution, Justice Khosa, in his additional note, has somewhat broadened the interpretation of blasphemy. In Paragraph 25 of additional note, he argues that disrespecting religion and religious sensibilities of non-Muslims and mixing truth with falsehood under the sacred slogan of dignity of the Prophet (PBUH) is no less blasphemous. The point raised by the learned judge, must not be lost in the religious fervour and should be given serious thought not only by public and Ulema alike.

Now, it is a civic and religious responsibility of public to search for actual motives behind this instrumental use of religion. Moreover, we must not let any unhappy incident reduce the religion to one point agenda of hanging individuals on mere accusations of blasphemy. In line with Quranic assertion, a follower must endorse, accept and follow Islam in its entirety. Therefore, basic principles of Islamic way of life such as Justice, tolerance, respect for the rights of minorities and forgiveness should also be valued and followed with same zeal.

The writer teaches Political Science at GC University Lahore and can be reached at aamir9465@gmail.com

Published in Daily Times, November  6th 2018.

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