It is indeed a defining moment for the state of Pakistan after the tragic murder of Salmaan Taseer. Some shocking reactions, celebrations and edicts were pronounced by sections of religious leaders and lawyers. I need to emphasise an irrefutable fact that it is always the establishment, oligarchy and political leaders of any country who set the values, ideologies and behavior of the people. The mess that we are in now, is solely due to the most imprudent and ill-conceived policies adopted and promoted by our feudal establishment and the civil and military rulers. If the sacrifice of Salmaan Taseer is not intended to go in vain by the present establishment and the government, then it has no option but to confront militant extremist forces. This will be the best manner of paying tribute to his sacrifice.
Pakistan is not the only Muslim country in the world; there are at least 57 others. The kind of bigotry and terrorism, in the name of religion, that the people of Pakistan are suffering from, more acutely since 1980, is unheard of in the rest of the Muslim world. How long are we going to let the terrorists make a mockery of our laws and Islam which preaches peace and tolerance? How long will our establishment and government allow the terrorist under so many brand names to continue to kill with impunity? This is a defining moment of our short history. We cannot possibly afford the status quo to continue. It is the paramount duty of the state to ensure that murderers are punished rather than turned into heroes. If the government fails to punish the assassin then there will be no hope of putting an end to the mayhem prevalent in the country.
Firstly, the government must tackle the issue of the blasphemy law in a conclusive manner by seeking the opinion of recognised institutions in the Muslim world. Fortunately, we have the benefit of Jamia-e-Al-Azhar of Cairo, Egypt, which is respected by most Muslims. Jamiat-e-Ulema-e-Hind of Deoband is another famous and respected centre of religious education. Equally important and respected is the famous religious institution in Barrely in India. One could also seek guidance from the Imam of Kaaba as well as seek the opinion of the Mujtahids in Najaf in Iraq and Qomm in Iran on the main issues, including the following:-
What is the punishment prescribed by The Holy Quran or widely recognised Sunnah: (a) for blasphemy of the Prophet Mohammad (PBUH); (b) for making false and baseless allegations of commission of blasphemy against any person; (c) for a person who kills any other person on the basis of mere allegation of blasphemy without any kind of trial by any court of law; (d) for those who aid, abet, incite, appreciate and admire the murder or the murderer who commits the act on mere allegations without any kind of trial by any court of law; and for those who interfere, influence and pressurise opinion and trial in the court/Qazi by show of force and slogans and also thereby preventing the court from conducting trial of the accused freely and fairly?
Is any person authorised by the Holy Quran or Sunnah to kill any person on the basis of mere allegation of commission of blasphemy, without any trial by any court of law or by a Qazi?
According to Daily Asharq Al-Awsat newspaper of Saudi Arabia and AFP, a Saudi cleric Sheikh Saleh Al-Fawzan, a member of the Saudi Supreme Council of Islamic Scholars stated in a lecture in Riyadh that a Muslim is prohibited from killing himself. Such acts of violence are not Jihad. This is sabotage and unrightful killing. I am very hopeful that opinion and fatawahs of other Muslim scholars will also disapprove of the violence, killing and terrorism in the name of Islam, rampant in our country.
The Federal Government must also conduct a survey to ascertain the facts as to (a) How many Muslim countries have the law of blasphemy in their books of statutes?; (b) What punishment, if any, is prescribed by the law of blasphemy, if any, in other Muslim countries?; (c) How many cases of blasphemy are reported/registered as well as how many accused are convicted of the offence of blasphemy in other Muslim countries as well as in the SAARC countries with substantial Muslim population?; (d) It would also be advisable for all the provincial governments to conduct a survey of cases registered under the blasphemy law, to ascertain, prima facie substance in the allegation; religion of the accused, period of pendency of the cases, number of convictions announced and number of accused, acquitted or cases dismissed for lack of credible evidence?
The opinions from religious institution abroad and information from other Muslim countries can be obtained by the Federal Government in a matter of few weeks and it will not take more than a few weeks to complete the survey of the blasphemy cases pending in the four provinces. Once the Government is equipped with all this data, it should circulate the same to the public and hold meetings with the leaders of the political parties and religious parties in the National Assembly to make the necessary legislation and take effective administrative measures in the light of the opinions/fatwahs obtained from the above mentioned respected religious institutions of the Muslim world, with the consensus of the said parties, to prevent the misuse of the charge of blasphemy for malafide motives and to protect the life and property of the innocent citizens who have not committed the alleged offence and to punish the persons making false allegations against any citizen or killing any person merely on the basis of allegation.
The writer is a Senior Advocate Supreme Court, former Attorney General & Federal Minister for Law, Justice, Parliamentary Affairs and Human Rights. He can be reached at [email protected]
