Pakistan’s care taker Prime Minister Anwaar ul-Haq Kakar condemned the vandalism and warned of stern action against those who violate law and target the Christian minority. The National Commission for Human Rights, a government body in Pakistan described the violence as “sad and shameful”. The heinous act on the part of Muslim religious extremist vandalising the churches and homes of poor, marginalised, helpless and innocent Christians must be condemned in strongest words by all right thinking and law-abiding persons.

Not just Christians, but many Muslims also have been accused of blasphemy and lynched to death. Governor of Punjab – Salman Taseer was killed by his body guard after he called for release of Asiya Bibi, a Christian farm worker who was acquitted of the charges of blasphemy by the Supreme Court of Pakistan and spared from the noose. There was a global campaign for release of Asiya Bibi, who refused to drink water offered by two Muslim women. Days later she was accused of blasphemy. Mashail Khan, a student, was lynched to death for being an atheist. 74 people have been killed by mobs since the year 1990. From 1967 to 2014, over 1,300 people have been accused of blasphemy, with Muslims constituting most of those accused.

Through the 1980 amendment to the Pakistani Penal Code, section 298-A was introduced, which made it a punishable offence to defile “by words, either spoken or written, or by visible representation, or by any imputation, innuendo, or insinuation, directly or indirectly”, the sacred name of any wife of the Holy Prophet (Peace Be Upon Him), or his companions or the rightly guided Caliphs.

The 1984 amendment targeted the Ahmadi community and criminalised the acts of them referring to any other person except Prophet Muhammad and his companions as Ameer-ul-Mumineen or Khilafat-ul-Mumineen or any other person other than a wife of Prophet Muhammad as Ummul-Mumineen, and any person other than family members of Prophet Muhammad as Ahle-bait.

In other words, no other person can be revered and accorded same degree of sacredness and status as Prophet Muhammad and his family members by the Ahmadi community. This provision directly obstructed the freedom of the Ahmadi community to believe that the founder of their community Mirza Ghulam Ahmad (1835-1908) is the Mahdi (Guided One) and the Messiah expected by Muslims to come at the end of times and bring about the final triumph of Islam.

The blasphemy law was made even more stringent in 1986 by introducing Section 295-C which makes defiling the sacred name of the Holy Prophet Muhammad (peace be upon him) punishable by death. Death is a minimum and the only punishment and the trial should be conducted only by a Muslim Judge.

The definition of defiling was not provided for such a severe punishment and the act of defiling was made very inclusive, “by words, either spoken or written, or by visible representation, or by any imputation, innuendo, or insinuation, directly or indirectly”.

The more that the law was made stringent, more accusations were levelled. At least 1,855 people have been charged under Pakistan’s blasphemy laws between 1987 and February 2021.

Though there have been no judicial executions under the blasphemy provisions of the Pakistani Penal Code, stringent provisions encourage the religious extremists to carry out extra-judicial executions through street vigilante acts and lynchings, with the vigilantes acting as the judge, jury, and prosecutor. Between 1947 to 2021, (74 years) vigilantes have killed 89 people, including the Governor of Punjab Province – Salman Taseer, the Minister of Minorities – Shahbaz Bhatti, a High Court judge – Arif Iqbal Bhatti – in his chambers.

The blasphemy laws have enabled the rise of right-wing Islamist parties which compete with each other to defend the stringent provisions and they grow in strength with every frivolous accusation of blasphemy, particularly targeting the Christians, Ahmadis and other minorities that are often levelled out of personal vendetta.

To revive the fear of God, affection to the Islamic Prophet Mohammed and service to people with particular emphasis on government officials and cabinet members was one of the 15 points in the manifesto of the Muttahida Majili-e-Amal party. The Tehreek-e-Labbaik Pakistan (TLP), a far-right organisation, calls for blasphemers to be beheaded. The rise of TLP has seen an increase in filing of blasphemy cases.

Religion in South Asia has served as a far stronger mobilisation tool in the long run rather than any other cultural unifying factor like ethnicity, language, civic nationalism, or race. During anti-colonial struggle, the idea of freedom and the need to unify people of diverse religions, linguistic groups, and castes, the idea of inclusive civic nationalism and the promise of rights to the marginalised sections of the society had a greater appeal drawing all peoples into the freedom movement.

Mohammed Ali Jinnah succeeded in instilling fear among the Muslim minority of getting overwhelmed by the Hindu majority and that Muslims would be forced to live a subjugated life. Jinnah succeeded in using religion as a unifier.

Language proved to be a unifying factor for the Bengali speaking in the then East Pakistan as they were discriminated. Tamil language served as a rallying force in Sri Lanka against the Sinhala hegemony in the North Eastern region of the country. Language unified the Tamil people to resist the hegemony of Hindi speaking North in India.

With these exceptions, the idea of religion based ethno-nationalism has proved to be a more potent tool. Religion based ethno-nationalism is on the rise in India, and indeed in South Asia. Religion is deeply rooted in the psyche of South Asians and religious establishments are a powerful influence in politics.

Religion is salient in everyday life bringing people together; for some followers, it explains the purpose of life and other existential queries; it is a source of social norms of behaviour, responsibilities, duties and entitlements; it is one of the sources of laws; festivals bring people together for enjoyment and celebrations; parables, epics, narration of stories and shared memories convey the social behavioural norms and ideals of life; it standardises the life cycle rituals from birth to death; it inspires some to render selfless service to the needy; and finally it instils fear of God for deviant behaviour, and expectation of rewards for good behaviour. Religion to some helps overcome alienation by enlarging the notion of self as a social self and defines relations between self and others – often hierarchical relations.

The most important reason for salience of religion in everyday life is that an army of religious preachers have a platform to preach, be in regular touch with large number of followers and interpret the text, converse with them in a language they understand using metaphors that make sense to the people and convince them that their way of life, culture and beliefs are natural and best.

The army of religious preachers standardise the way of life, furnishing some stability and certainty. Existential anxieties and fear of God is a weapon in the hands of the preachers to standardise behaviour of those belonging to the community.

The community must also stand up for those who are in unfortunate circumstances like natural disasters, manmade disasters or economic conditions, despite their conformity with the believers.

The army of gatekeepers of religion make followers of the religion comfortable with their status-quo and their “here and now” existence. The aura of sacredness is essential part of religion to legitimise beliefs. Attack on sacred threatens the whole social existence and can inspire some to sacrifice their life, liberty and property in order to restore the sacred or deter further attacks on the sacred, and to ensure the normal continuity in life.

The deeper the notion of sacred, stronger the sacrifice one can make and more violent the community can become. Laws that seek to “protect” the sacred give legitimacy and a stamp of the ultimate, final and universal truth to the beliefs, beyond any critical examination. It raises the expectation of believers that even non-believers and believers of other religions must accept the sacred nature of their beliefs.

Finally, it legitimises violence on those who do not accept the “universal” idea of sacred. The blasphemy laws become a tool in the hands of the army of preachers and the self-appointed gatekeepers of the religion to establish their hegemony socially and culturally. The blasphemy laws seeking to protect a particular belief ends up privileging one sect or denomination’s beliefs over the others.

Materialism, acquisition of knowledge from multiple secular sources, and pursuit of selfish interests loosens the community bonds and the will to sacrifice for the notion of sacred reduces. In other words, materialism, selfish interests and knowledge from multiple sources increases the levels of tolerance. Materialism in the South Asian societies hasn’t developed as in the global north.

Protection of beliefs does not necessarily protect religion. It may even cause disservice to the religion sought to be protected. Christianity, Islam, Hinduism, Buddhism, Jainism, Sikhism, and indeed all religions have evolved to serve the people and meet the challenges of the time.

There is humongous diversity of faith and practices within each religion, leading to many denominations, sects and sub-sects. This diversity emerged as the societies developed technologically, gained new knowledge and new ideas emerged.

Some religious establishments adopted and accommodated to the changes, while others resisted. For example, when the telescope of Galileo proved that the earth is moving round the sun rather than the other way round, the beliefs and dogmas preached by the church had to be reconsidered.

If the beliefs and dogmas were protected, there would be no further development of knowledge. It would have been impossible to stop research and development of knowledge in order to protect beliefs and dogmas.

Doors of other religions would open up that did not impede research and knowledge, leading to migration of the believers. When developments in medical science made organ transplantation possible, religious beliefs were confronted with a now problem – were such procedures in consonance with religious beliefs.

If religious beliefs opposed abortions, women needing abortions would migrate out or force a reconsideration of such beliefs. At times religion is protected when beliefs that are not in consonance with the times are revised and reconsidered. Religious beliefs have to march along with the new developments in knowledge.

Blasphemy laws therefore may not be in the interest of religion. Law should not protect beliefs or religion, it should rather protect the right of every person to believe. The former privileges the religious establishment, while the later protects an individual’s right to believe, and therefore strikes a balance between protecting beliefs and evolution of religious ideas, theology and knowledge.

A committed believer does not and must not get disturbed when religious beliefs are attacked or what they hold sacred is violated. They would rely on God to take care of such behaviour.

When a Jewish woman threw dirt at Prophet Mohammed, neither the Holy Prophet nor his companions or believers wanted her to be punished. On the contrary, when one day she did not throw dirt at the Holy Prophet, he inquired about her and found that she was sick. He prayed for her good health.

Similarly, Jesus prayed for forgiving those who crucified him saying they did not know what they were doing. Gandhiji said that he would not kill anyone to save a cow which was sacred for him. He said that he would rather sacrifice his own life to save a cow. Respect for what is sacred to one’s religion by the followers of other religions should come from within and from appreciation of what it means and signifies rather than out of fear of law.

Response to attack on what one holds sacred should be dialogue, and explaining the meaning of what it stands for. Ideas should be fought with ideas and not violence – either by the non-state actors, or even the state. However, any instigation and incitement of violence should be punished in accordance with the law.

Violence by the non-state actors who act on their “hurt sentiments” when what they hold sacred is being attacked, do not defend the religion. They defend their hegemony over the weaker and marginalised sections. They enjoy their power and control over the helpless people. They do not want to instil fear of God, but want the already weaker people to fear them.

Related:

Indian Ulema Must Oppose Anti-Blasphemy Laws

Corporal Punishment for Blasphemy or Apostasy not in line with Quranic Ethos?

The post Blasphemy Laws in Pakistan appeared first on SabrangIndia.

On August 17, Jamia Al-Azhar strongly condemned the attacks on several churches in East Pakistan and outrightly rejected the religious legitimacy for such acts in its statement. It reads: The Holy Quran, which is attacked by some extremists under the protection of some governments, is the same book that commands that the places of worship of Muslims and non-Muslims alike should be protected. And there should be no abuse or violence in these places of worship. It added: The attackers did to the churches exactly what those who desecrated the Holy Quran did, because both are henious crimes that violate the sanctity of religions, holy books and human and moral standards. Condemning these criminal and barbaric actions, Al-Azhar stressed the need to prosecute all extremists in different territories across the world who attack other religions and their adherents in their nefarious anti-blasphemy acts, be it an attack on Holy Quran, churches or any other religious places.

Al Azhar concluded: “This religious and educational body emphasize all legal procedures to protect the sanctity of religion and it demands that legal action be taken to ensure that this type of act never happens again, and that these actions are based on prejudice, hatred and dissent”.

Church attacks are not new in Pakistan. Neither are the anti-blasphemy acts and attacks an isolated phenomenon. A pervasive, prejudiced and clearly selective application of blasphemy laws gives rise to these incidents in Pakistan. Discrimination based on religion and belief is the fate of religious minorities and heterodox sects in the self-styled Islamic nation. Human rights bodies and activists both domestically and internationally have highlighted the fact that Pakistan’s anti-blasphemy laws are discriminatory and brazenly violative of the human rights guaranteed by international treaties. However, the radical Islamist organizations and individuals who believe the blasphemy laws are part of their faith, vehemently disregard all the international treaties.

Since the creation of Pakistan, minorities have been repressed, discriminated and religiously persecuted by the state in the name of several Shariah laws. But the blasphemy law has undoubtedly been the worst of all. It has affected all minority communities in Pakistan to a greater or lesser extent, Hindus, Christians, Ahmadiya community and Shia Hazaras. Since the 1990s, the minority Christians, who make up just 1.6% of the population, have been systematically targeted in numerous anti-blasphemy attacks. As the second largest minority, Christians and their sacred places are most affected by the brutal blasphemy laws juxtaposed with the Sunni theological underpinnings. Thus, the Pakistan-centric radicalisation in the name of blasphemy is a lived experience in the daily life of the religious minorities. A sword of blasphemy law is always hanging on their heads, not just in the courts but also on streets and public places.

But what is more worrying is that the Pakistan-centric anti-blasphemy radicalism is no more confined within the walls of the so-called ‘Islamic’ nation. It has rather snowballed, catapulting itself to the democratic polity of India, exploiting the internal security threats, various social and current communal challenges as well as the community grievances, to further the nefarious ends. From Kashmir to Kanyakumari, radical organizations tried to indoctrinate youths into an anti-blasphemy extremist ideology to spread communal disharmony in the country. Remember the Nupur Sharma episode! It was a trying time which candidly exposed the extent of insanity behind the extremist anti-blasphemy theology that was on the rampage not in Pakistan, but in India with the likes of TLP’s radical Sunni-Barelvi Islamists having complete temerity to kill Kanhaiya Lal Teli, an Udaipur tailor, for supporting Nupur Sharma’s blasphemous statement.

Mohammad Riyaz Ansari and Ghous Mohammad, the two terrorists who beheaded Kanhaiya Lal clearly asserted their theological underpinnings before the gruesome slaughter. They told us in a pre-recorded video that they were going to avenge the denigration of the Prophet by killing one of the thousands of supporters of Nupur Sharma, the original blasphemer. Now don’t try to argue that the two anti-blasphemy murderers were a miniscule minority within a subgroup of Sunni-Barelvis. Let’s not forget that Mumtaz Qadri, the terrorist and assassin of Governor Salman Taseer, was also seen as an individual and not a representative of the faction he belonged to. Even the former Prime Minister of Pakistan Imran Khan mistook him and his ilk as a “small segment”. But we all know the truth and the sorry state of affairs that the minorities and their places of worship face there at the hands of anti-blasphemy radicals. The death penalty sentenced to Qadri caused more uproar in Pakistan than what we saw with horror in the wake of Asia Bibi’s acquittal by the Apex Court. The consequent protests by the Sunni Islamist hardliners across the country were much less now than the turmoil which was created to “exonerate” Qadri as “Ghazi” (man of religious valour) and “Shaheed e Millat” (the one who was ‘martyred’ for the sake of community).

Do we think this correlation is just incidental? Being episodic in our condemnation of the anti-blasphemy acts and attacks won’t serve the purpose. If we really want to seek the solution, we need to take this intricate issue with more caution, curiosity and carefulness. Let’s try to understand one thing, in an honest way: Anti-blasphemy extremists are headed for a death row not just for themselves but also for the whole community. In India, they are hellbent to hurt the peaceful image of the whole Muslim community, which is otherwise seen as sane and non-violent. Thus, if we don’t stem the tide of theological underpinnings for anti-blasphemy violence and its roots, they will henceforth be considered as extremist as their Pakistani counterparts. Then, I regret, the difference between Indian and Pakistani Muslim community will be erased. All the praise and appreciation that Indian Muslims have drawn worldwide for their patience and stoicism with which they have faced daily provocations for years, and have thus protected their life and limb, will vanish.

This is the grim situation which requires from us to make it patently clear that any theological support for the anti-blasphemy acts is dangerous for us and our survival and reputation as the moderate Muslim community. Therefore, ulema of all hues and the theologians of both classical and modern Islamic studies must call for repealing not just the draconian blasphemy laws from the Islamic countries but also removing the anti-blasphemy content from the madrasas and the Islamic textbooks. Therefore, Indian Muslims should demand and support the enactment of a law against the anti-blasphemy acts. In fact, an Act by the Parliament should be passed to prevent this mindless violence in India and thus save the Indian Muslims from becoming as notorious as their Pakistani counterparts for terrorism and violence. Punishments to the anti-blasphemy supporters with a view to minimising their public support and influence, will augur well as measures for mitigation.

But the most gigantic and urgent task is for the Indian ulema. In Pakistan, Islamic theological bodies extend the applicability of blasphemy laws to non-Muslims living in Muslim countries. Not to speak of radical Barelvi organisation ‘Tehreek-e-Labbaik Pakistan’ (TLP) or the Deobandi ‘Tehreek-e-Taliban Pakistan’ (TTP), even the well-known Barelvi and Deobandi theologians, Muftis and Qazis (Islamic jurists) and more scandalously, even the so-called Sufi-Sunni clerics are openly or tacitly supportive. They aver that it is incumbent upon an Islamic government to execute all blasphemers, Muslims and non-Muslims alike. On the pretext of protecting the Prophet’s dignity called Tahaffuz-e-Namus-e-Risalat, the Islamic postulate of Prophetology has always been misused by the hardcore Islamists in Pakistan. But in reality, the holy Prophet (pbuh), whose sanctity the extremists claim to defend never sentenced to death the Meccan pagans, who cursed, ridiculed and plotted to kill him. Even when the pagans desecrated the Prophet’s sanctity accusing him of ‘forging’ the Qur’an, he acted upon the divine instruction indicating that only Allah can decide the punishment for even as grievous a sin as ‘fabricating’ and ‘concocting’ the Qur’an. Allah says in the Qur’an:

“Do they claim that the Messenger himself has fabricated it? (If so), tell them: “If I have fabricated it, then you have no power to protect me from Allah’s chastisement. He knows well the idle talk in which you indulge. He suffices as a witness between me and you. (46:8)

Deplorably for the Indian Muslim community, our Ulema and Madrasas never quote the above verse from the Qur’an in their Khutbas (sermons) and provocative public speeches in which they embolden their audience to take revenge on the issue of blasphemy. As the most responsible community leaders, their job was to dissuade Muslims from this dastardly, inhuman, un-Islamic, anti-Islamic, anti-Muslim act. But in place of the Qur’an, what they preach on the issues of blasphemy are dangerous texts (Matan) and their commentaries (Sharah) which they themselves have studied in their respective madrasas, either Barelvi, Deobandi or Ahl-e-Hadith. Motivated by a distorted and twisted sectarian Islamic theology, they call for beheading blasphemers, apostates, and even Muslims who deviate even slightly from the views of the founder of their sect (Maslak).

——

A Regular Columnist with Newageislam.com, Ghulam Rasool Dehlvi is an Indo-Islamic scholar and English-Arabic-Urdu writer. He has graduated from a leading Sufi Islamic seminary in India, and acquired Diploma in Qur’anic sciences and a Certificate in Uloom ul Hadith from Al-Azhar Institute of Islamic Studies. He has also participated in the 3-year “Madrasa Discourses” program initiated by the University of Notre Dame, USA.

Courtesy: The New Age Islam

The post Indian Ulema Must Oppose Anti-Blasphemy Laws appeared first on SabrangIndia.

As I watched the video of the Pakistani man lynched few days ago, I could not but come to the painful realization that something is rotten in that society. A man, beaten to death, dragged through the streets and then set on fire seems to be a page out of medieval punishment. The horrific images though are from this year; the man being punished in this brutal fashion is accused of blasphemy, a term which can be stretched to include almost anything and everything with some imaginative interpretation. Blasphemy is punishable with death in Pakistan, as it is in many other Muslim countries of the world. According to the Centre for Research and Security Studies, a Pakistani think tank, 18 women and 71 men were killed extra-judicially over accusations of blasphemy till last year. A majority of such cases have come from Punjab, where the Barelvis have made blasphemy into a political issue. If anyone is still under the illusion that Barelwis are moderate, they should just see what they are doing in many parts of the world.

Only last week, the Human Rights Commission of Pakistan had released a report underlining an alarming increase of cases related to blasphemy. Despite similar reports arguing that in most cases, the accusation is the result of personal vendetta, very little has been done in order to raise the bar of evidence regarding blasphemy related cases.

Even if the report’s suggestion is implemented and the bar is raised, it will do little to curb the menace of public lynchings. Ordinary Pakistanis seem to be convinced that if the accused goes through a legal trial, then he or she might be let off. And indeed, this has been the case; many accused of blasphemy have been let off by the courts for lack of evidence. It appears that for the ordinary people of Pakistan, the legal process does not matter at all. An accusation of blasphemy is enough for these people to pounce on the victim and rob him of his dignity, human rights and even his life. Asiya Bibi was lucky that her case went to court and received international attention; eventually she was freed. The Sri Lankan Hindu, Priyantha, was not so fortunate. His own workers killed him and consigned his body to flames.

This case was no different. Muhammad Waris, a man in his thirties, was accused of desecrating the Quran. He was taken into police custody but a murderous mob kidnapped him from there, killed him and set his body on fire. Any analysis which understands this problem as a failure of the Pakistani police to implement the rule of law is simply bogus. This is a clear case of majoritarian will being imposed on state institutions, as it happens in other South Asian countries. We need to understand that even those police personnel who were supposed to protect the victim, are themselves part of the Islamic system. Hence, their action or inaction should be understood in the context of increasing Islamic fanaticism in Pakistan.

The video is extremely gory to say the least. What is most problematic is the participation of local population in this act of religious lynching. It is as if everyone wants to have a share of the piety, each one present there is convinced that killing this man was an act of supreme devotion to Allah. This is a generation which has been fed on a kind of Islamic education which transforms people into unthinking robots. Worse, they were acting like zombies, devoid of a soul, very much like the undead. As if they have been emptied of all their rational faculties and they are just following the orders of someone who is whispering into their heads. One can see even children participating in this religious frenzy. One shudders to think what kind of adults they will become and what kind of citizenry Pakistan is going to eventually get.

Sorry to say, but in the civilized world, this no longer happens. In many ways, medieval Europe was as brutal, but as a collectivity, today they see such things with righteous indignation. What differentiate the Europeans from us is precisely that they have moved beyond religion. Religion is no longer a cradle to the grave arrangement for them. In conducting their daily lives, they have made religion largely redundant and irrelevant. For an average Muslim though, this is far from comprehensible. We are yet to evolve intellectually in order to realize that one can lead perfectly normal live without the aid of any religion.

Also, as a community we are intellectually dishonest because we are still in denial of the effects of giving so much power to Islam over our lives. How else should we understand the claim, after every such brutal incident, that this is not Islam; those indulging in such behavior do not understand the true meaning of this religion. We are being told, almost on a loop, that Islam is about peace and tolerance. This is pure nonsense. And pure hypocrisy. Religions talk of peace but they also talk of violence; Islam is no different. Those burning the body of Muhammad Waris were Muslims and they were doing this they believe that it was the right thing to do according to the precepts of Islam. They burnt his body because it is also part of Muslim belief that by doing so, a person will be condemned to hellfire for all eternity.

There is a long history of killing for blasphemy in the Muslim world and it starts with the prophet of Islam himself. According to narrations within Islamic traditions, Muhammad ordered the killing of some who had disparaged against him. For this reason, he even forgave a Muslim who killed his pregnant slave because she had disrespected the prophet. Islam in many ways is about following the prophet; if Muhammad himself sanctioned these killings, are we in any position to say that this is un-Islamic? It might have been a matter of contention if these records were not part of our tradition. The fact remains that our most hallowed Ulama have recorded these narrations and now they are part of Islamic theology. And that’s why there is consensus that anyone who disparages Islam must be killed.

Islam is therefore fundamentally implicated in any blasphemy related killing. Muslims would do well not to escape this discussion. It is only through an acceptance that this is a problem within our society that we can do something about it. As Muslims, we must declare unanimously that such proclamations do not apply to us any longer.

Arshad Alam is a writer and researcher on Islam and Muslims in South Asia.

First published on NewAgeIslam.com

The post Pakistan Lynching: Muslims Should Call Out Their Own Theology appeared first on SabrangIndia.

As an observant Muslim, I am offended by the mockery of any faith or religious figure including my Prophet. In addition, 1.6 billion Muslims are also offended and being offended is our right. I respect their freedom to be offended.

However, taking the liberty of drawing offensive cartoons is also the right of those who reside in the free world. I respect this freedom to offend…

Read the full report here. http://www.newageislam.com/islamic-society/raheel-raza/blasphemy-law-practiced-in-pakistan-is-evil,-obsolete-and-a-way-of-victimizing-its-minority-communities/d/116278
 

The post Blasphemy Law Practiced In Pakistan Is Evil, Obsolete and A Way of Victimizing Its Minority Communities appeared first on SabrangIndia.

Image: The Christian Post

Bibi, a mother of five from rural Punjab was convicted of blasphemy following an argument with her Muslim coworkers. According to a report, her coworkers allegedly refused to drink from the water bowl fetched by her. They claimed it was “contaminated” because she's a Christian.

Five days later, an imam who was allegedly not present during the argument accused her of defaming the prophet. Despite insisting she was being persecuted for her faith in a country where Christians face routine harassment and discrimination, Bibi was sentenced to be hanged the following year.

The news report says that citing the reason of “conflict of interest” one of the judges – Justice Iqbal Hameed-ur-Rehman requested to be replaced from the three-judge bench constituted for Bibi’s hearing.

As per the reports, Justice Rehman told the court, "I was a part of the bench that was hearing the case of Salman Taseer, and this case is related to that." A letter was written to the chief justice to appoint another judge to the bench.

Former Punjab governor Salman Taseer was assassinated in 2011 after he supported Bibi of Christian faith, who was convicted of blasphemy in 2010. His assassin Mumtaz Qadri was executed after he was found guilty by the Islamabad High Court. Justice Rehman was the Chief Justice of the high court, when the court heard Qadri’s appeal.

However, by delaying justice for Bibi, the judiciary continues to bow down to Muslim fundamentalist groups, and fails to provide justice to vulnerable members of society.

Two days prior to the hearing of Asia Bibi’s appeal in the Supreme Court, fundamentalist organisations published advertisements and video clippings, warning the Judiciary not to accept Bibi’s appeal. The Judiciary received the message loud and clear.

Bibi had filed a review petition before the Supreme Court against her death sentence by the Lahore High Court in 2014, and it was kept pending for two years. It finally came up for hearing in the highest court on October 13. Alas, the judges surprised no one in ensuring the whole matter remained in abeyance.

The message from fundamentalists and from proscribed terrorist organisations appears to have suddenly activated the memory of the judge. Their threat appears to have reminded Justice Rehman that he was a part of the Bench that was hearing the case of Salmaan Taseer. Justice Rehman informed the court that Asia’s case relates to that of Taseer. The court was later adjourned indefinitely. Asia’s lawyer, Saif-ul-Mulook, said it would probably take weeks or months for a replacement judge to be found and for the appeal to be rescheduled.
 
If the decision of the lower court is going to be retained and Asia is hanged, she will be the first blasphemy accused to be executed by the State. Most blasphemy accused are lynched by angry vigilante mobs. Proponents of reform in the blasphemy law, including lawyers and judges, have been threatened, attacked, or even killed. Prominent amongst those are ex-Governor Punjab Salman Taseer and ex-Federal Minister for Religious Affairs, Shahabaz Bhatti. They were killed for speaking against the blasphemy law and supporting Asia Bibi.

Orthodox religious zealots have also allegedly pressurised the government to deny Asia Bibi her right to medical treatment. Since June 2015, Asia has been suffering from intestinal bleeding. Jail authorities have reportedly denied her access to treatment, because extremist organisations are demanding that Bibi be executed immediately. The Judiciary is reluctant to defend Asia fearing dire repercussions from mullahs, who have been allowed full impunity by the State and are used as non-State actors to subjugate the general masses.

According to the news reports, about 150 top Muslim clerics (muftis) from the radical Islamist group Sunni Tehreek issued a statement which demanded that the government hang Asia Bibi and all other prisoners of blasphemy laws; and demanded a speedy trial of all cases still pending, before Bibi’s hearing earlier this month. They also issued a verbal decree that all those who might rescue those accused of blasphemy or who assist in trying to rescue them should be killed. 

Asia’s case is a classic example of a society marked by intellectual bankruptcy, one that manifests a cumulative failure as a nation to protect its vulnerable. The case has already resulted in two high profile murders and one hanging. Yet, it remains in the doldrums and there is no sign of relief for Asia and her family despite a lapse of seven years.

The judges are apprehensive; if they acquit Bibi, their lives, as well as that of their families are in danger. Mob vigilantism is the reality of the country; mobs dispense their idea of instant justice to any one uttering a single word deemed blasphemous. The mob spares no one, be they young or old, as witnessed in Kasur in 2014, when a Christian couple, along with their unborn child, was burnt alive over alleged blasphemy. No one has been convicted to date for the horrendous Kasur murder.

The number of complaints of blasphemy has increased significantly in Pakistan in the last three decades. Human rights activists have been saying that many of these complaints are filed in order to settles their personal scores.

A criminal justice system rife with loopholes allows anyone to wrongly accuse a person of blasphemy and get away with it. The alleged accused is however made to languish behind bars for years, even if they are innocent. Even when the case does proceed, it takes many years before a judgment is pronounced, and in most of the cases it is not favourable for the accused. This is partly because of the pressure exerted by fundamentalist religious groups and partly because the legal jurisprudence on blasphemy has still not been clearly established, ever since the promulgation of the notorious Section 295 C of the Pakistan Penal Code (PPC).

The miscarriage of justice on the issue is a far cry from the reality of its application, as enunciated by several edicts on the issue, where a single unfortunate, ill-informed, ill-judged alleged utterance can lead to a conviction under the law, and to the death penalty.

Unknown to many contemporary pseudo-religious scholars, a fatwa (religious edict) issued by more than 450 reputed religious scholars from different schools of thought has clearly stated that a non-Muslim blasphemer cannot be killed unless he or she is “habitual in the offense”. Hundreds of leading ulema from South Asia have declared that non-Muslims cannot be killed for a single offense of blasphemy and their pardon is acceptable unless it becomes a habitual and high-frequency offense.
 
The founder of the sect that Mumtaz Qadri, murderer of Punjab Governor Salman Taseer, belonged to, also endorsed pardon for non-Muslim blasphemers and the view that non-Muslims cannot be killed for a single offense of blasphemy.

Incidentally, the co-founder of the Deoband school of thought, another orthodox group that favors death penalty for the offence, Mahmood Hassan Deobandi, is also signatory to the said edict.

Going by the edict, Asia should have been acquitted, as she has begged pardon a number of times, and is not a habitual offender. According to Asia’s husband Ashiq Masih.

“Even if Asia is released, there is a bounty on her head so their lives could never return to how they once were. Thousands have protested against her and said they would kill her if she were ever released – including the imam in her own village,” he says.

The verbal brawl that started seven years ago has destroyed the life of Asia and her five children; the family lives under constant threat and is forced into a fugitive life. Asia herself is kept in solitary confinement; to keep her safe from other inmates who might kill her. As per her lawyers, it has been a year since she has seen the open sky.

By adjourning the cases indefinitely, the judges have tried to avert the pressure on them; however, for Asia, it will mean more years of incarceration and solitary confinement. Her misery has been compounded by the inaction of the Judiciary, which is dragging its feet in her case. No judge wants to be embroiled in the mess that can ensue following her acquittal. Even on the occasion of the hearing of the case, the government had to deploy thousands of security troops to avert any violence outside the Supreme Court.
 
Related story: Asia Bibi's hearing in the Pakistan SC adjourned: Judge claims "Conflict of Interest"
 

The post Indefinite Adjournment of Asia Bibi’s Appeal invites Allegations of Evasion appeared first on SabrangIndia.

Image: The Christian Post

The much awaited hearing of Asia Bibi’s last appeal in the court against her conviction for blasphemy in Pakistan’s Supreme Court was adjourned today, according to a report by Dawn. Another date for the hearing was not declared immediately by the Supreme Court.

The news report says that citing the reason of “conflict of interest” one of the judges – Justice Iqbal Hameed-ur-Rehman requested to be replaced from the three-judge bench constituted for Bibi’s hearing.
As per the reports, Justice Rehman told the court, "I was a part of the bench that was hearing the case of Salman Taseer, and this case is related to that." A letter was written to the chief justice to appoint another judge to the bench.

Former Punjab governor Salman Taseer was assassinated in 2011 after he supported Bibi of Christian faith, who was convicted of blasphemy in 2010. His assassin Mumtaz Qadri was executed after he was found guilty by the Islamabad High Court. Justice Rehman was the Chief Justice of the high court, when the court heard Qadri’s appeal.
 
After Qadri's execution, thousands from Pakistan had rallied in Islamabad to proclaim him a hero and a martyr, as reported by The Telegraph.

Bibi, a mother of five from rural Punjab was convicted of blasphemy following an argument with her Muslim coworkers. According to a report, her coworkers allegedly refused to drink from the water bowl fetched by her. They claimed it was “contaminated” because she's a Christian.

Five days later, an imam who was allegedly not present during the argument accused her of defaming the prophet. Despite insisting she was being persecuted for her faith in a country where Christians face routine harassment and discrimination, Bibi was sentenced to be hanged the following year.

Appeals at lower courts have all failed, before the country's top court temporarily suspended her execution in July 2015. Recently, the Supreme Court had set the date October 14 for her last chance to appeal in the courts against her conviction.

Although several accused of blasphemy have been killed before in Pakistan, Bibi will become the first person to lose her life to Pakistan’s controversial blasphemy laws, if the Supreme Court of Pakistan does not overturn her sentence.

According to this report, at least 20 people charged with blasphemy in Pakistan have been murdered, some by their own prison guards. Many more have gone into hiding.

Saif-ul Mulook, Bibi’s lawyer, told The Telegraph that his client had never received a fair trial. The charges against her were the result of a “personal vendetta” between her and the complainant, he said.

Mulook, who is also being targeted with death threats, is residing in Lahore under police guard.

Bibi’s husband has been living in hiding with their five children, since past six years, as reported by The Telegraph. He said that he is hopeful about justice from the Supreme Court. “She has been living a miserable life for many years. I want justice for the mother of my five children.The complainant and witnesses were biased and the complaint was registered on personal motives,” he claimed.

If the appeal fails, Bibi’s final hope is a pardon from Mamnoon Hussain, the president of Pakistan. But the fundamentalist clerics who wish to see her executed wield considerable influence in Pakistan, and few politicians dare to openly defy them, according to this report.

Activists claim that Pakistan’s blasphemy laws are often used to persecute or settle private vendettas against the country’s three million Christians.
 
Related Story: Ray of Hope for Pakistan: The return of Shahbaz, Salman Taseer’s Son

The post Asia Bibi’s hearing in the Pakistan SC adjourned: Judge claims “Conflict of Interest” appeared first on SabrangIndia.