Daily Times

Islam, Authoritarianism, and Underdevelopment trace the root of blasphemy and apostasy laws in the Muslim world back to a historic alliance between Islamic scholars and government. Pakistan has codified paradoxical legislation, encompassing jurisprudence borrowed from Western liberalism and Islamic sharia. It cannot be presumed that any Muslim would willingly and without ostensible cause would hurt or wound religious feelings or beliefs of his religion, or otherwise insult quranic verses. A Muslim cannot be attributed blasphemy because if he commits an offence under section 295-C of the Pakistan Penal Code it will amount to apostasy and he becomes a Murtid (a person who repudiates Islam after embracing it). Blasphemy or defiling of the Quran or outraging the religious feelings of any person(s) cannot be attributed to a Muslim, particularly, when, without conceding the commission/ confession of offence, the person tenders apologies or repents, as the case may be. A person who commits any such offence and does not repent/apologizes does not remain Muslim which entails severe consequences not only for the person involved but for his family, etc. And courts and concerned authorities will become the institutions announcing declarations about the faith of a person, the faith of a person, the faith which depends on intentions and belief in the heart and mind regarding which no one knows except Almighty Allah. Some may argue that faith could be judged by behaviour or actions, it may be true, but only in respect of those persons who, first, act in a manner not allowed by law and religion, and then persist with their actions causing damage to the society and outraging feelings of concerned persons, and who do not say that they never maliciously intended, and who, having done any such action, do not tender apologies or repent. Allah, the Almighty is ‘Rehman’ as well as ‘Raheem’ (the beneficient and the Merciful). When a defaulting person, repents and begs for pardon, Allah, the Almighty loves to forgive. His love and mercy for a human being are infinite and boundless. The Almighty has said in the Holy Quran:– But Allah promiseth you forgiveness from Himself with bounty. Allah is All-Embracing, All-knowing. ( Surah 2, Verse 268), Forgiveness is the only incumbent on Allah toward those who do evil in ignorance (and then turn quickly in repentance) to Allah. These are they toward whom Allah relenteth. Allah is ever Knower, Wise. (Surah 4, Verse 17). Ask pardon of our lord and then turn towards him (Repentant). Lo! My Lord is Merciful, Loving. (Surah 11, verse 90)

Civilized nations respect the freedom of expression and criticism of their surroundings.

Etymologically, it is true that as Muslims we have to defend, and protect the original text of the Holy Quran and Sunnah from any type of decoration, or distortion and thwart all attempts in bringing changes in it by any quarter/ person. However, we should not ignore the shocking fact that whenever a person is charged for such an offence, the print media give extensive coverage to such incidents and the accused person is cursed and abused by society/ people at large. So much so that even his life becomes at risk at the hands of certain segments of the society who do not know or realize that the Allah Almighty Allah in the Holy Quran has ordained that “Do justice even to those who are your worst enemy.” Our Holy Prophet (P.B.U.H) had said:- “Remit punishment on account of doubt as long as you have the ability.” Try to avoid hudood wherever possible. Wherever there is even a mild chance, release him, for releasing by an error on the part of an Imam is better than punishing anyone by error.”

Without conceding, if it is assumed that a person committed some action which appeared to be an offence under sections 295-A, 295-B, or 298. Even then, if such a person announced his intention that he never meant or intended to do such activities and that he was Muslim then no more question remains to be registered nor any prosecution could be initiated. A person who remains adamant to ridicule the religion of a Holy Prophet (P.B.U.H) could only be prosecuted.

The religion, Islam, has been degenerated by the politics and offensive acts of mullahs and scholars. Incidents in the past have not been reported in our print or electronic media. The attitude of these so-called scholars toward different sects has collapsed the whole socio-economic structure of society. Unless such things are highlighted, they can never be reformed. Everything has seeds of modification and reform. It is the thesis, antithesis, and synthesis that leads society upwards and onwards and this process goes on and never ends. This is what we learn from history. Civilized nations respect the freedom of expression and criticism of their surroundings. Only respect for such freedom gives birth to new ideas which lead to further progression and reform. We are well aware that Muslims generally are far behind in science, technology, art, and economics, than other nations. For the past 1400 years, Muslims are facing decline, poverty, and disrespect, the westerners have been ruling the entire world. The factum behind the decline is mis and non-interpretation of religion, lack of freedom and habit of copying instead of the application of mind and use of reason and wisdom for ideas and concepts and even to resolve issues today confronted to all of us. Allah Al-Mighty says: See you who possess reason. Regarding the status of a person who commits blasphemy and denies the charge during the trial or repents for his act, the position of Islamic law, regarding such a case, is as under:-

Imam Ibn Tammiyah in his work Al- Sarim Al -Maslul has quoted the viewpoint of Hadrat Abdullah Ibn Abbass that to abuse the Holy Prophet (P.B.U.H) is a kind of apostasy, and the apostate may be exempted from punishment if he repents. If he does not repent, then he will be sentenced to death.

To carry out such activities at such places and to misuse the places and molest teenagers in such places is blasphemy, not to highlight or express the same is blasphemy. The greatest blasphemy of all is a child going hungry, a child condemned to the slow death of starvation. The miscarriage of justice is blasphemy. Misgovernment is blasphemy. An unconscionable gap between rich and poor is blasphemy. Denial of treatment to the sick, and denial of education to the child, are alike examples of blasphemy. The subject of blasphemy is under a lot of focus and people are expressing their opinions on the subject, particularly concerning the accusations which can readily be made and the sentence which is prescribed in the offence. Now cases are being registered by Muslims against Muslims to settle their score. This is because the police readily register such cases without taking proper guidance from any well-known and unbiased religious scholar and proceed against the accused. What is the purpose of the law? Chief Justice Earl Warran in a famous case: “The quality of a nation’s civilization can be largely measured by the methods it uses in the enforcement of its criminal law”.

The writer is a legal practitioner and a columnist. He tweets @legal_bias and can be reached at shahrukhmehboob4@gmail.com.