Blasphemy Accusations as Extreme Speech Acts (2021) (original) (raw)
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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.
This analysis explores the misuse of Pakistan's blasphemy laws and their consequences for local and international communities. Originating from British colonial rule and expanded during General Zia-ul-Haq's regime, these laws are often exploited for personal vendettas and persecution of religious minorities, leading to human rights violations. Historical context and key cases illustrate the challenges in their application, including false accusations, lack of due process, and mob justice. These laws foster fear, social ostracism, and economic loss within local communities while attracting international criticism and affecting Pakistan's diplomatic relations. Recommendations for addressing these issues include repealing the laws, improving law enforcement, promoting education and tolerance, and engaging in international cooperation to align with human rights standards. The study highlights the need for a balanced approach that respects religious sentiments while ensuring justice and human rights protection.
Global Legal Studies Review , 2023
The offence of blasphemy is one that elicits strong feelings. Every time it comes up, it kicks off a highly contentious discussion in Pakistan. Every time a new event takes place in Pakistan, the country's blasphemy laws are thrust into the spotlight. After doing an in-depth investigation into the matter, one discovers that it is a very serious crime, and as a result, strong action needs to be taken against the person responsible for it. The blasphemer is subject to the mandatory death sentence under Islamic law. In a similar way, the legislation of Pakistan calls for the imposition of a fine in addition to the death penalty and life imprisonment. This law has received a great deal of criticism, the most common of which is the assertion that it is used to target and persecute members of minority groups as well as adversaries on the basis of personal grudges. The problem can be solved by enhancing the preliminary stages of the experiments.
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.
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.
Blasphemy Laws and Pakistan Minorities, 2024
Blasphemy laws in Pakistan have been a subject of international concern due to their potential misuse and the impact on religious minorities. This research paper focuses on Christian minority in Lahore, Pakistan, as a case study to understand the multifaceted challenges they face within the framework of these laws. The paper explores the historical context, social implications, and legal aspects of blasphemy laws in Pakistan and their specific impact on the Christian community in Lahore.
Media Representations and Social Meanings of Blasphemy Laws in Pakistan
The present paper examines the recent media representation of the controversial blasphemy law in Pakistan. Through critical discourse analysis of the coverage given to the issue of blasphemy law’s application in two leading newspapers, and two TV news channels, the paper concludes that mass media tend to create disagreements rather than consensus on the issue in the society. Top ten Pakistani blogs on the Internet are also analyzed to identify the perceptions, meanings and stance of the educated people on the issue.