Online Discussion on the Blasphemy Laws - Herald Magazine - October 2012 (original) (raw)

Dissecting the Asia Bibi Case: A Critical Analysis of Blasphemy Law in Pakistan

Manchester Journal of Transnational Islamic Law & Practice, 2022

This article critically analyses the case of Asia Bibi, a Christian woman who was accused of blasphemy and given death sentence by the Additional Sessions Judge of Nankana Sahib, Punjab in 2009 under Section 295-C of Pakistan Penal Code (PPC). In appeal, the Lahore High Court upheld the trial court’s decision. Asia Bibi filed the second appeal in the Supreme Court of Pakistan, which led to her acquittal and flying to Canada in 2018. This acquittal, on one hand, saved Asia Bibi from execution and, on the other hand, prompted extreme violence in Pakistan. The Tehreek Labbaik Pakistan (TLP), which is a religious-political party, gained substantial public support in demanding execution of Asia Bibi alleging her acquittal as a violation of Shari’ah. The hierarchic courts decisions have caused confusion in society, which demands clarity on the issue of blasphemy as a crime and its prosecution in Pakistan. The public is confused because the traditional religious scholars (Ulamā) have not been able to clarify the legal and Shari’ah position on blasphemy in general and in the Asia Bibi case in particular. After this case, many Pakistanis believe that the west encourages people to commit blasphemy and then pressurise Pakistani courts to acquit them from criminal charges. This article analyses the hierarchic judgements of Pakistani courts in the Asia Bibi case in the light of Shari’ah principles to counter the extremist religious approach flamed by TLP. Analysing the blasphemy law and its impacts on society in detail, this article examines whether the trial of crime under Section 295-C PPC in Pakistani legal system is compatible with the Shari’ah principles and the standards of international human rights law, which Pakistan is bound to comply as a party to the relevant international conventions.

Analysis of The Judge's Decision Regarding the Blasphemy’s Cases

2023

This research delves into the intricate and significant landscape of religious blasphemy cases, a phenomenon on the rise in Indonesia. Beyond causing societal disturbances, these cases pose substantial challenges within the legal and judicial framework. The escalating number of such cases reflects a noteworthy expansion in the diversity of opinions and expressions within society. However, the lack of clarity in the legal boundaries surrounding religious blasphemy often leads to uncertainty in establishing guilt and determining appropriate punishment, despite existing regulation in the Information and Electronic Transactions Law. The influence of media and social media exacerbates the complexity of religious blasphemy cases. Coverage and discussions on online platforms play a pivotal role in shaping public opinion and influencing the trajectory of the judicial process. This impact extends beyond the national level, potentially sparking global ramifications. Concurrently, judicial independence faces scrutiny, as external pressures from various entities can sway judges' decisions. Consequently, this research seeks to provide a thorough understanding of these multifaceted aspects. An analysis of the judge's decision in the religious blasphemy case, as exemplified by Lina Mukherjee on social media, becomes crucial for dissecting the legal and social dynamics at play. This examination not only aims to comprehend the intricacies involved but also serves as a foundation for proposing recommendations to enhance the justice system. The ultimate goal is to achieve a balance in justice and A peer-reviewed journal published by Faculty of Law Universitas Negeri Semarang, Indonesia. The title has been indexed by SINTA, GARUDA.

Blasphemy Accusations as Extreme Speech Acts (2021)

Digital Hate: The Global Conjuncture of Extreme Speech, 2021

B lasphemy allegations are a sensitive issue in today's Pakistan. After describing the socioreligious history of such accusations, I will show how the increasing digitalization of Pakistan's public spheres has exacerbated a situation in which an accusation of blasphemy has little or no possible response. The moment such accusations enter a public arena (online or offline), their verdictive force often leads to life-threatening consequences for the accused person. To analyze such accusations, I will provide some background on Pakistan's blasphemy laws. To explore accusations of blasphemy theoretically, I will locate them within the conceptual framework of extreme speech and then turn toward speech act theory to understand how such accusations unfold their force-and often with life-threatening effects. Setting the Scene: Pakistan's Blasphemy Laws The blasphemy laws continue to divide Pakistan's society. Many religious scholars argue that the laws represent the Quran and the Sunna and, therefore, cannot be abolished or amended without committing blasphemy in the act (Sayālvī 2016; Turābi, n.d.; Qadrī 2012). More liberal interpretations maintain that the ambivalent nature of the laws make them prone to misuse and to being used as an instrument of personal animosity (Siddique and Hayat 2008; Abbas 2013). Studies show that blasphemy cases have steadily increased since the 1980s (Siddique and Hayat 2008, 322-327). Quoting the Center for Social Justice, a 2016 report by the Human Rights Commission of Pakistan states that at least 1,472 people were accused of blasphemy between 1987 and 2016. The biggest portion of this number is made up of Muslims (730) and Ahmadis (501), followed by Christians (205) and Hindus (26).1 Furthermore, the report points out that in 2015 alone, courts found fifteen of twenty-five acquitted cases to have been fabricated based on personal vendettas. The remaining cases were cleared on the basis of a lack of evidence or the accused person being declared insane (Human Rights Commission of Pakistan 2016, 96). Liberal Pakistanis take such reports as supporting their stance that the blasphemy laws represent a relic of the past and thus should be amended or abolished. A discussion of the blasphemy decrees and their advantages and disadvantages

The strange death of blasphemy (2008) Modern Law Review 71 (6) , pp. 971-986

Sandberg, Russell and Doe, Christopher Norman 2008. The strange death of blasphemy. Modern Law Review 71 (6) , pp. 971-986 To download the full text click on the link under the URL heading Recent years have witnessed a considerable growth in legislation and litigation concerning religion. This article examines the implications of the latest change, namely the abolition of the offences of blasphemy and blasphemous libel by section 79 of the Criminal Justice and Immigration Act 2008. First, the article provides the context by examining what has been lost, analysing the ambit of the offence, focussing on litigation in the twentieth century both in domestic courts and at the European Court of Human Rights. Second, the article seeks to explore why blasphemy has been abolished now, scrutinizing five developments that led to the abolition. The article concludes by examining the extent to which the criminal law continues to protect religious beliefs and believers, contending that while the body of the blasphemy laws is dead, its soul lives on in a plethora of other criminal laws and, more problematically, in non-legal means of control.

Blasphemy Laws; legal sword to reduce Minorities

In Pakistan, minorities have to face many hardships i.e. social exclusion, economic marginalization, mob violence, discrimination and forced conversion. Yet, the biggest tool to suppress them is blasphemy laws of Pakistan. It have been amended over the time and generate uncertainty among the weakest segments of the Pakistani minority. The increasing persecution and rough treatment against minorities showed that the state has failed to grant safety to them. It is no more a hidden fact that the blasphemy law has been gravely misused and employed as a tool to target non-Muslim citizens. Since 1986 blasphemy laws have been frequently used to resolve individuals’ revenge. Hundreds of guiltless people have been jailed, forced to leave the country and killed by the fundamentalists.

A Critical Study of Blasphemy Laws of Pakistan and their Impact on the Minorities of the Country

2020

The blasphemy laws are the parts of Pakistan Penal Code which were set up by the British regime in 1860. These laws were aimed to safeguard the religious feelings of the followers of various beliefs. The laws encompassed all the religions who lived in the subcontinent. It is also said that the sections 295-B and 295-C which were introduced in 1980s are meant to shield only one religion and that is Islam. This research has critically examined the blasphemy laws of Pakistan and their impacts on the status of non-Muslims living in the country. The study has highlighted views of the adherents and the opponents of these laws. It gives a fact sheet of what has happened so far in the country in terms of the outcomes of these laws. The research includes a recent survey on issue related to blasphemy and it ends up with few recommendations.

Guilty until proven innocent: the sacrilegious nature of blasphemy laws in Pakistan

The death sentence delivered in late December to Pakistani professor and scholar, Junaid Hafeez, on unsound allegations of blasphemy, sent shockwaves of indignation throughout the international community, eliciting the United Nations’ prompt response, which condemned the verdict as a “travesty of justice”. Contrary to some unduly auspicious expectations that the preceding release of Asia Bibi, a Christian woman, who was on death row for blasphemy charges, yet eventually acquitted, has been a watershed moment in the history of blasphemy laws in Pakistan, the current reality remains grim. For the purposes of further analyzing the abovementioned dismal situation, this paper will explore the legal background and genesis of the blasphemy laws of the Islamic Republic of Pakistan, examine them through the socio-economic and political spectrums of the time and illuminate their grievous consequences, which more than often result in grave miscarriages of justice, the erroneous detention and conviction of innocent people, and vigilantism and mob violence. The Pakistani Justitia seems not to wear the blindfold when measuring accusations of blasphemy on her scales; on the contrary, her judgments appear to be clouded by personal vendetta, prejudice against minorities, self-interest, envy and power, turning the courtroom in an arena of hostility, instead of fairness and impartiality, perpetuating a subsequent cycle of labeling and demonization, which translates into lifelong emotional trauma and persecution, even for those found innocent.