Before that, orthodox islamic jurisprudence was briefly enforced during mughal rule on the subcontinent but history is silent if there were any blasphemy laws prevalent at that time. At the moment the law is often misused to settle scores or destroy an enemy. Islam and blasphemy laws written by k b napier thursday, 07 june 2018 19. Pakistan noted a number of recommendations including recommendation 122. During the entire muslim rule in india, islam was never made the state religion and shariah never became the dominant law of the land. Pdf islam, blasphemy, and human rights in indonesia.
Every algerian child has an opportunity to learn what blasphemy is because islam is a compulsory subject in public schools, which are regulated jointly by the ministry of education and the. Cases have been registered against nonmuslim minorities and muslims alike, under the blasphemy laws. Blasphemy laws, radicalization and discrimination in pakistan. Blasphemy is the act of insulting or showing contempt or lack of reverence for a gods, to religious or holy persons or things, or toward something considered sacred or inviolable. The peoples democratic republic of algeria prohibits blasphemy against islam by using legislation rather than by using sharia. Misuse of the blasphemy law and religious minorities in. The blasphemy law, while purporting to protect islam and religious sensitivities of the muslim majority, is vaguely formulated and arbitrarily enforced by the police and judiciary in a way which amounts to harassment and persecution of religious minorities. The shariah belongs to muslims and therefore must not be imposed on those who do not adhere to it. In pakistan, courts use blasphemy laws to bully religious minorities, as well as muslims, and to justify broad censorship on speech. They have proved reluctant to repeal this controversial law. This is what the quran actually says about blasphemy the. Sep 21, 2020 the laws are now treated as sacred, but experts say there is no clear definition of blasphemy in islamic jurisprudence, nor is there agreement on the punishment for it. Blasphemy cases highlights islamic nature of egypt. The islamic world has a blasphemy problem foreign policy.
The impact of the blasphemy laws in pakistan amnesty. The main blasphemy law in egypt is article 98f of the egyptian penal code. Over 125 nonmuslim nations worldwide did not have any laws relating to blasphemy. It is often overlapped with infidelity, which is seen as the rejection of allah the most high and exalted and his revelation and messengers. Blasphemy laws, radicalization and discrimination in. Aug 06, 2020 equally the blasphemy laws in pakistan were drafted by human beings and may not be perfect in every respect. The islamic nature of the egyptian state and society becomes particularly evident during the holy month of ramadan.
Blasphemy project gutenberg selfpublishing ebooks read. Expression of religious opinions that are at variance with normative islamic views can also be construed as blasphemy. Pdf blasphemy laws in muslim majority countries researchgate. Archived from the original pdf on 19 february 2015. Pdf in pakistan, courts use blasphemy laws to bully religious minorities, as well as muslims, and to justify broad censorship on speech. Pakistans blasphemy laws and the role of forensic psychiatrists adnan ahmed, mbbs, and chinmoy gulrajani, mbbs humans have been persecuted for the crime of blasphemy since biblical times. Today, about one quarter of the worlds countries and territories, most of them muslimmajority nations, still have anti blasphemy laws.
Scharffs identified that blasphemy laws in united states of america usa and european countries are mostly historical relics12 although in european context, the situation concerning blasphemy law is quite problematic. The political history of islam and the prophet muhammads life is central to any discussion of blasphemy laws in an islamic state. Issues involving the blasphemy law also generated extremist responses. The sacrilegious nature of blasphemy laws pakistan, recommended wideranging changes to pakistans laws and legal systems.
Freedom of expression, t o p i c a l i ss u e s a n d c o. Blasphemy and related laws in selected jurisdictions. This law has no support from the adherents of true islamic teachings, but successive governments in pakistan have used it to appease islamist fundamentalists or extremists for their political gain. This thesis examines the blasphemy law within muslim majority countries in three. Blasphemy laws are widely dispersed around the globe. Laiq ahmed atif, malta the issue of blasphemy is a hot issue that remains in news particularly in pakistan. The fact is that the blasphemy law has little to do with religion. The law for punishing blasphemy against the prophet sws that is invoked in pakistan has no foundation in the quran or hadith. The criminal courts often decide a case of blasphemy on the basis of public emotions and political interests rather than the divine writ. Blasphemy in islam is impious utterance or action concerning god, but is broader than in normal english usage, including not only the mocking or vilifying of attributes of islam but denying any of the fundamental beliefs of the religion. The politics and law of blasphemy in indonesia jakarta, 1112 november 2019 zainal abidin bagir crcsicrs, graduate school. Background declared an islamic republic in 1956, pakistan has institutionalized the relationship. Blasphemy in islam is impious utterance or action concerning god, but is broader than in. In 2020, the european foundation for south asian studies efsas in a report entitled, guilty until proven innocent.
Examples include denying that the quran was divinely revealed, the prophethood of one of the islamic prophets, insulting an angel, or maintaining god had a son. May 25, 2017 the organisation of islamic cooperation oic, a 57country alliance based in saudi arabia, has long campaigned for a global blasphemy law as protection from a broadly defined islamophobia. Cases under blasphemy law have also been registered against muslims who have harassed nonmuslims. Blasphemy laws were rarely enforced in premodern islamic societies. But charging asia bibi under the blasphemy law did not apparently. Jun 30, 2012 islam and blasphemy law in pakistan, people can be charged for blasphemy under section 295 a, b, c and 505 of pakistan penal code. While in some countries they are never enforced, there have been prosecutions in recent years in austria. Holy book and the traditions and practices of prophet. Mar 15, 2016 the islamic republic of pakistan also has in its penal code laws that prohibit and punish blasphemy against islam ranging from a fine to death. During the life of the holy prophet, a woman used to throw rubbish on him. The penalty for blasphemy may be years of imprisonment as well as a fine. The blasphemy law and its punishments are based on islamic shariah. Blasphemy laws are a global con cern, present in all of the worlds regions.
Themain reason of selecting this topic is to search out the laws regarding punishment of blasphemy in the light of islam, to identify the misconceptions and fallacy in the society. The constitution states, subject to law, public order, and morality, every citizen shall have the right to profess, practice. Punishment for blasphemy against the prophet sws dr. In 2010, a christian woman asia bibi, who was charged with blasphemy in pakistan, made the international headlines. The constitution establishes islam as the state religion and requires all provisions of the law to be consistent with islam. Compendium of blasphemy laws final1 human rights first. Aug 23, 2020 islamic basis for blasphemy law in pakistan according to theologian ibn taymiyyah, 15 a majority of people consider the act of blasphemy as a hadd offence punishable with the death penalty, based on a hadith, 16 however, given the seriousness of such a punishment, it is still of paramount importance that the contemnors explanation for. Criminal law and article 2728 of the law on information and electronic transactions constitute a legal instrument to ensnare a perpetrator of religious blasphemy. Blasphemy law of islammisconceptions and fallacy journal of.
Egypt has seen a number of notorious blasphemy cases over the past years under article 98 of the penal code, known as the religious contempt law. Blasphemy law, the restriction imposed by arts 1 to 3 of the blasphemy law is administrative in nature, while that imposed by art 4 and, by association, art 156a of the kuhp is criminal in nature. In western europe, many countries retain blasphemy and related laws. The situation is such that even a recommendation to reconsider the existence of these laws potentially evokes serious recriminations and. Therefore, evaluations of blasphemy laws under islam, christianity, hinduism, etc. Sharia places its primary reliance on the quran the muslim.
Blasphemy laws were first introduced in the indian subcontinent by its british colonial rulers. Every algerian child has an opportunity to learn what blasphemy is because islam is a compulsory subject in public schools, which are regulated jointly by the ministry of education and the ministry of religious affairs. Blasphemy law in muslimmajority countries ceu electronic. Even those sects that demand punishments vary the penalty according to whether or not the one accused is male or female, muslim or nonmuslim. This is the 2nd part of lets understand the blasphemy law in islam series. This blasphemy law invades the fundamental right to profess and practice religion by nonmuslim citizens of pakistan. Such laws are more likely to exist and be actively enforced in islamic countries. Sharia places its primary reliance on the quran the muslim holy book and the traditions and practices of prophet mohammad, known as sunna. Blasphemy laws are a largely forgotten legal concept in the united states. It is a 3part interview series with renowned religious scholar and writer prof. It will critique the various submissions made to the court and analyse the historic decision of the judiciary, which upheld the validity of the blasphemy law. The criminal courts often decides a case of blasphemy on the basis of public emotions and political interests rather than the divine writ. Blasphemy also includes disrespect toward other holy messengers or religious beliefs. Nov 05, 2018 the islamic republic of pakistan also has in its penal code laws that prohibit and punish blasphemy against islam ranging from a fine to death.
Recent events of blasphemy cases in pakistan once again raised the issue of blasphemy and prompted that it must be discussed openly whether or not blasphemy is an islamic concept. Pakistans blasphemy laws and the role of forensic psychiatrists. So, even in islamic terms the demand for a blasphemy law is inadmissible. An accounting of the prophets biography and the early history of islam will illuminate muhammads position on blasphemy, heresy, apostasy, and heterodoxy, especially as muhammad never advocated blasphemy laws or a shari. Communal tensions between hindus and muslims before the partition. Blasphemy and the holy prophet muhammadsaw al islam online. As of 2011, all islamic majority nations, worldwide, had criminal laws on blasphemy. Which countries still outlaw apostasy and blasphemy.
Freedom of expression, t o p i c a l i ss u e s a n d c o m m. Reasonable criticism of the legislation with the intention to make it more islamic and just, should be welcomed not condemned. The impact of the blasphemy laws in pakistan refworld. In general society was deeply polarized regarding proposals to amend the blasphemy laws, and some religious leaders used incendiary rhetoric to convince much of the population that any attempt to amend the laws was an attack on the sanctity of islam. Although this crime is framed as a religious offense, and may be used against atheists and other religious dissenters, it is most often used as a punishment for political acts that challenge the regime on the basis that to oppose the theocratic regime is to oppose allah. International law principles implicated by blasphemy laws and.
Freedom of expression, apostasy, and blasphemy within islam. Blasphemy thinking islam islam blasphemy in pakistan. An analysis of pakistans infamous blasphemy laws in light of the quran, hadith and sunnah is pertinent because it is important to reveal that the western media wrongly target these socalled islamic laws in muslim countries to try and prove that islam discharges harsh, excessive and medieval justice, whereas the reality is that these laws do not reflect the true islam, only a completely erroneous interpretation of the islamic law. Galileo galilei is a famous example where he was burnt a live just because he found out that the earth is a sphere, and not flat as the church believed. Blasphemy and related laws in selected jurisdictions library of. Once she did not throw rubbish on him, he went upstairs to enquire. Such a school of thought needs to be mainstreamed through print, electronic, and social media by the government, as it has the potential to shift the way the masses think. Jan 15, 2021 blasphemy laws the government jails and executes periodically dozens of individuals on charges of enmity against god moharebeh. This research study is related to the same issue, that is, blasphemy law of islam misconceptions and fallacy. The blasphemy laws can be found in the pakistan penal code ppc, sec tion xv, articles. Blasphemy law, in fact, is a product of christianity where the church used it to silence anyone who protested or insulted christianity or the church 1. Misuse of the blasphemy law and religious minorities in pakistan.
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