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Abstract
Over the years, Pakistan's notorious blasphemy laws have been a central instrument for the persecution of religious minorities. While these laws are colonial in origin, they exist today within the context of a general Islamisation of laws, which combined with the state's inability to hold a monopoly over violence have contributed to growing anarchy in the country. This paper traces the evolution of Pakistan's religious nationalism, presents debates around the blasphemy laws and their implementation, and considers the possibilities for reform.
Notes
1 Section 295-C of Pakistan Penal Code. www.punjabcode.punjab.gov.pk/public/dr/PAKISTAN%20PENAL%20CODE.doc.pdf.
2 Section 295-B of Pakistan Penal Code.
3 Section 298-A of Pakistan Penal Code.
4 Sections 298-B and 298-C of Pakistan Penal Code.
5 As in the case of Sawan Masih, in March 2013. www.bbc.com/news/world-asia-26781731.
6 As in the case of Lahore High Court Judge Arif Iqbal Bhatti in 1997. www.dawn.com/news/589587/high-profile-blasphemy-cases-in-the-last-63-years.
7 As in the case of Rimsha. www.nytimes.com/2012/08/21/world/asia/christian-girls-blasphemy-arrest-incites-a-furor-in-pakistan.html.
8 Sections 153-A, 295, 295-A, 296, 297, 298 and 505 of the Penal Code.
9 ‘Zulfikar Ali Bhutto: A Dominant Force in Pakistan for Two Decades’. New York Times, April 4, 1979. www.nytimes.com/1979/04/04/archives/zulfikar-ali-bhutto-a-dominant-force-in-pakistan-for-two-decades.html.
10 Awan, Safeer Muhammad, ‘Impact of Radical Islamisation of Education on Pakistani Society’. Pakistaniaat: A Journal of Pakistan Studies Vol. 4. Issue 2 (2012). http://pakistaniaat.org/index.php/pak/article/view/163/163.
11 Neeti Nair, ‘Beyond the ‘Communal’ 1920s: The Problem of Intention, Legislative Pragmatism, and the Making of Section 295A of the Indian Penal Code’. Indian Economic Social History Review Vol. 50 (2013): 317.
12 A Penal Code Prepared by the Indian Law Commissioners and Published by Command of the Governor General of India in Council. Calcutta: Bengal Military Orphan Press, 1837, Note J, p. 49.
13 The text of these four provisions may be reproduced for reference:
295. Injuring or defiling place of worship, with Intent to insult the religion of any class: Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction damage or defilement as an insult to their religion, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
296. Disturbing religious assembly: Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
297. Trespassing on burial places, etc.: Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulture, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
298. Uttering words, etc., with deliberate intent to wound religious feelings: Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year or with fine, or with both. Source: Pakistan Penal Code 1860, available at the website of Pakistan’s Federal Investigation Agency, www.fia.gov.pk/default_files/ppc.pdf; accessed 23 August 2013.
14 Ibid.
15 295-C. Use of derogatory remarks, etc., in respect of the Holy Prophet:
Whoever by words, either spoken or written, or by visible representation or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life, and shall also be liable to fine.
16 Para 67 of Federal Shariat Court’s 1990 judgment in Muhammad Ismail Qureshi v. Pakistan. http://khatm-e-nubuwwat.org/lawyers/data/english/8/fed-shariat-court-1990.pdf.
18 Sec. 298-A added by the Pakistan Penal Code (Second Amendment) Ordinance, XLIV of 1980.
Whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo or insinuation, directly or indirectly, defiles the sacred name of any wife (Ummul Mumineen), or members of the family (Ahle-bait), of the Holy Prophet (peace be upon him), or any of the righteous Caliphs (Khulafa-e-Rashideen) or companions (Sahaaba) of the Holy Prophet (peace be upon him) shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
19 Sec. 298-B ins. by Anti-lslamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, XX of 1984.
20 Sec. 298-C. ins. by the Anti-Islamic Activities of Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, XX of 1984.
21 Article 260(3) of the Constitution of Islamic Republic of Pakistan, 1973. This provision was introduced in 1974 and substituted with a more clarified version in 1985, available at the website of the National Assembly of Pakistan, www.na.gov.pk/uploads/documents/1333523681_951.pdf; accessed 23 August 2013.
22 Blasphemy Laws in Pakistan: A Historical Overview, Center for Research and Security Studies (CRSS), Islamabad, 2014. http://crss.pk/wp-content/uploads/2010/07/Report-on-Blasphemy-Laws-.pdf.
23 ‘Blasphemy Cases: False Accusers Escape Punishment’. Report, Express Tribune, December 13, 2010. http://tribune.com.pk/story/89376/blasphemy-cases-false-accusers-escape-punishment/.
25 Ghulam Ali Asghar v The State, paragraph 8 of the judgment by Justice Lodhi announced on 18 December 2015. http://sys.lhc.gov.pk/appjudgments/2015LHC8087.pdf.
26 On Trial: The Implementation of Pakistan’s Blasphemy Laws, Nov. 2015, ICJ Geneva.
28 W. Heffening, ‘Murtadd’, in The Encyclopaedia of Islam, Volume VII. Leiden: Brill, 1997, p. 635.
29 W. Hallaq, ‘Apostasy’, in Jane Dammen McAuliffe (Ed.), Encyclopaedia of the Quran, Vol. I. Leiden: Brill, 2006, p. 120.
30 See below the section titled “The dissent within”.
31 R. Hassan, ‘Expressions of Religiosity and Blasphemy in Modern Societies’, in E.B. Coleman & K. White (Eds.), Negotiating the Sacred: Blasphemy and Sacrilege in a Multicultural Society. Canberra: ANU Press, 2006, p. 119.
32 Coleman and White, ‘Negotiating the Sacred in Multicultural Societies’, in E.B. Coleman & K. White (Eds.), Negotiating the Sacred: Blasphemy and Sacrilege in a Multicultural Society. Canberra: ANU Press, 2006, p. 3.
33 Habib-ul-WahabAlkheri v. Federation of Pakistan, PLD 1992 FSC 484, at 496.
34 Available at www.law.cornell.edu/supct/html/historics/USSC_CR_0343_0495_ZO.html, accessed 23 August 2013.
35 At 404–405.
36 Report of the Court of Inquiry Constituted under Punjab Act II of 1954 to Enquire into the Punjab Disturbances of 1953. Lahore: Government Printing, Punjab, 1954. http://aaiil.org/text/books/others/misc/munirreport/munirreport.pdf, accessed 23 August 2013.
37 Ibid., p. 219.
38 Abdullahi A. An-Naim, ‘Shari’a in the Secular State: A Paradox of Separation and Conflation’, in P. Bearman et al., (Eds.), The Law Applied: Contextualizing the Islamic Shari’a, A Volume in Honor of Frank Vogel. London: I.B. Tauris, 2008, p. 323.
39 E.B. Coleman & K.White (Eds.), Negotiating the Sacred: Blasphemy and Sacrilege in a Multicultural Society. Canberra: ANU Press, 2006, p. 8.
40 Declan Walsh, ‘Islamic Scholar Attacks Pakistan’s Blasphemy Law’. The Guardian, January 20, 2011, www.guardian.co.uk/world/2011/jan/20/islam-ghamidi-pakistan-blasphemy-laws.
41 Maulana Wahiduddin Khan, ‘Blasphemy and the Islamic Way’. Times of India, January 10, 2011, http://articles.timesofindia.indiatimes.com/2011-01-10/edit-page/28365726_1_islamic-abusive-language-blasphemy.
42 M.H. Kamali, Freedom of Expression in Islam. Berita Publishers, 1994.
43 Arafat Mazhar, ‘The untold story of Pakistan’s Blasphemy Law’. Daily DAWN, December 9, 2014.
44 The Hanafi school is followed by an overwhelming majority of Muslims in Pakistan.
45 Al-Tahawi in Makhtasar al Tahawi.