Judge for yourself
The basic reason for so much controversy over the issue of blasphemy laws in Pakistan is a total lack of understanding by the few left leaning parties or individuals, some of whom are influenced only by western thought and culture, regarding the exalted status of Prophet Muhammad (peace be upon him) in Islam and in the lives of vast majority of Muslims. This situation often puts the State in an awkward position.
The Holy book of Quran enjoins the unconditional obedience to the Prophet (PBUH) and commands its followers that the Prophet (PBUH) has a greater right on them than they have on themselves. He (PBUH) is a paragon of excellence and an omphalos of the very edifice of Islam. What it means is that Prophet (PBUH), to the Muslims, is more sacred than everything including their lives. They love him more than anything else as its integral and fundamental part of their Eeman(faith).
In a recent landmark and historic judgment, honorable judge of the Islamabad High Court Justice Shaukat Aziz Siddiqui has dilated on this phenomenon and explained as to why this issue carries so much importance for Muslims. I call it a landmark judgment because it has also sought for the review of the law so that false accusations could be made an equally punishable offence. He has recommended the parliament amend the law to seek death penalty for those who falsely accuse people of blasphemy. The judgment complains that there is currently a small punishment for falsely accusing someone of blasphemy. I think this part has made this 116-page judgment not only historic but has actually solved this longstanding issue, keeping in view the harsh criticism made regarding the misuse of this law. That is precisely the reason why even the opponents of this law have welcomed this judgment including Chairman of Human Rights Commission of Pakistan, Mr Mehdi Hasan.
In classy Urdu, which is a lingua franca of Pakistan, the judge has discussed pretty much every related matter in this report, arguing in favour of stopping the exploitation of the law instead of repealing it altogether, which, obviously, is going be to be a very tedious and almost impossible task for the provincial and national assemblies.
Quoting various writers, columnists, scholars, religious and otherwise, Justice Siddiqui, at the outset, builds an argument about the stature of the Prophet (PBUH) of Islam. More importantly, he refers to different verses of The Quran proving his point, for instance, Ayah 61 of Sura Tauba, which says: “And those who abuse the Messenger (PBUH) of Allah (SWT), for them is a painful punishment”, Sura Al-Ahzab Ayah 57, in which Allah (SWT) says: “Undoubtedly, those who annoy Allah and His Messenger, Allah’s curse is upon them in the world and in the Hereafter and Allah has kept prepared for them a degrading torment. And in Sura Noor Ayah 63, “Do not consider the summoning of the Rasool (PBUH) in the same manner, as you consider the summoning of one another among yourselves. Allah knows those of you who slip away, concealing themselves behind others. Let those who disobey his orders beware, lest some trial befall them or a painful punishment be inflicted on them”.
The ruling has different instances quoted from the life of the prophet (PBUH) to prove as to how he was respected by his companions. The honourable judge also talks about the Naat and names different personalities of the distant and recent past who showed their highest respect for the Prophet (PBUH) through their poetry.
It also argues that the blasphemy law is not a product of any emotional outbursts of some religious segments of the society rather it is based on the very spirit of Islamic law. The British introduced this law in the CrPC of the subcontinent in 1860 and it has evolved ever since. Elaborating further the ruling dilates on the issue of Constitution as an organic whole and urges that it is incumbent upon us to look everything in the light of Objective Resolution which talks about the supremacy of Islam in every sphere of life. Quoting founders of Pakistan like Quaid e Azam, Allama Iqbal, Nawab Bahadar Yaar Jang, etc , it establishes relevance of Islam in an overall scheme of things.
Talking about the media and its responsibilities, the judgment not only quotes Article 19 of the Constitution but also urged the government authorities to publish an advertisement in the newspapers showcasing Article 19 to create awareness among the public. Article 19 says: “Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court”. The same applies on the social media as well in the present day and age.
While emphasising the importance and sanctity of human life, the honourable judge says that in no circumstances a person can take law into his own hands as this is the responsibility of the state. He also points out their failure and urges the state institutions to act proactively in addressing any situation in future and wishes that people working for these institutions had more knowledge, awareness and love for the Prophet (PBUH) of Islam.
In view of this judgment, it’s incumbent upon the parliament to immediately take practical steps to legislate and change the blasphemy laws so that the person who falsely accuses someone also gets the death penalty. It will definitely reduce, if not stop, the misuse of the law which we have seen so many times in the past and also make it more acceptable to all the segments of the society. It will save many innocent lives in future and irreparable loss to the country’s economy. That’s the spirit of this landmark judgment. Will the parliament do the landmark legislation too and when?
