A Legal Perspective on Blasphemy within Muslim, Secular and Non-Muslim States (original) (raw)
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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.
Blasphemy Laws and Freedom of Expression: Comparative Perspectives
International Review of Social Sciences, 2020
This article critically examines the intricate relationship between blasphemy laws and freedom of expression, offering a comparative analysis across diverse legal landscapes. Tracing the historical evolution of blasphemy laws from their ancient origins, the study delves into the varied interpretations and enforcement of these laws in different countries. Through case studies such as the Salman Rushdie affair and the Charlie Hebdo attacks, the article explores the real-world implications of blasphemy laws on the exercise of free speech. The legal frameworks surrounding blasphemy, ranging from total abolition to strict enforcement, are scrutinized, with a focus on countries like the Netherlands and Pakistan. The impact of blasphemy laws on freedom of expression is dissected, revealing a complex interplay that often results in self-censorship and hampers open discourse on religious matters. Drawing on international standards set by organizations such as the United Nations and the European Court of Human Rights, the article assesses the human rights implications of blasphemy laws. The challenges in achieving a delicate balance between religious sensitivities and freedom of expression are discussed, and the article concludes with reflections on potential future directions, advocating for nuanced legal reforms, educational initiatives on tolerance, and the promotion of respectful dialogue in pluralistic societies. This exploration aims to contribute to the ongoing global dialogue surrounding the limits of free speech, religious tolerance, and the imperative of protecting fundamental rights in diverse societies.
This article argues that blasphemy laws and a cultural relativist approach to human rights have a political function in authoritarian states. Islamic states use a strong cultural relativist approach to justify their dismal human rights record. The main aim of this approach, however, is survival. The article shows how Islamic countries use religion for their own political survival purposes and how blasphemy laws are often used to silence critique of political, social and religious orders that infringe on basic human rights. From this perspective, blasphemy laws are tools of oppression, not a symbol of cultural and religious difference. By highlighting how blasphemy laws and a cultural relativist approach to religion have been used as tools of oppression by authoritarian regimes, the article underscores the importance of freedom of expression for any functioning democracy.
Islamic Law, Blasphemy and the Concept of Freedom of Speech
Al-Idah, 2020
Freedom of speech and personal freedom are the natural and constitutional rights of every citizen in a society. However, the interpretation of these rights is varied from society to society according to their respective socio-cultural, politico-constitutional principles, and religious teachings. Human beings are confronted with paradox of blasphemy and freedom of speech. The misinterpretation of blasphemy and right to freedom of expression of opinion has created great stir in the circles of scholars at different periods; and also resulted in the persecution of prominent scholars and other people. This paper highlights the status of freedom of speech, and its critical evaluation in Islamic Law so as to understand its concept of blasphemy, its teachings on freedom of speech, and on personal security.
Journal of Islamic Thought and Civilization, 2016
Freedom of expression is considered as one of the fundamental issues of the contemporary socio-political world. It has divided the society into two major groups; one is the follower of infinitive freedom and other wants some limits up on it. Definitely, Western thought is the representative of unbounded freedom of speech whereas Islam chooses the second one. Islamic concept of freedom of expression has various moral and legal bindings but in western perspective, only nominal legal restrictions exist, because revealed ethics are not concern of the western thought. These legal restrictions are meant to protect freedom of expression and individual rights and not to curb the acts of civil and religious defamation. Hence, these legal constraints are insufficient because the freedom of speech is unlimited and legal restrictions are either partial or nonexistent. In spite of presence of laws, the so-called racial discrimination and religious defamation have become the most dangerous and lethal weapon against minorities in the West, especially blasphemy of the Holy Prophet (SAW) has become a painful trend and cheap hobby under the banner of freedom of speech. In this regard, the limitless freedom of expression and its link with blasphemy of the prophet (SAW) as become one of the major conflicting issues between Islam and the West. In this study the efforts are made to examine the freedom of expression from Islamic and western perspectives and its link with blasphemy and religious defamation from the western side.
JICT , 2016
Freedom of expression is considered as one of the fundamental issues of the contemporary socio-political world. It has divided the society into two major groups; one is the follower of infinitive freedom and other wants some limits up on it. Definitely, Western thought is the representative of unbounded freedom of speech whereas Islam chooses the second one. Islamic concept of freedom of expression has various moral and legal bindings but in western perspective, only nominal legal restrictions exist, because revealed ethics are not concern of the western thought. These legal restrictions are meant to protect freedom of expression and individual rights and not to curb the acts of civil and religious defamation. Hence, these legal constraints are insufficient because the freedom of speech is unlimited and legal restrictions are either partial or nonexistent. In spite of presence of laws, the so-called racial discrimination and religious defamation have become the most dangerous and lethal weapon against minorities in the West, especially blasphemy of the Holy Prophet (SAW)has become a painful trend and cheap hobby under the banner of freedom of speech. In this regard, the limitless freedom of expression and its link with blasphemy of the prophet (SAW) has become one of the major conflicting issues between Islam and the West. In this study the efforts are made to examine the freedom of expression from Islamic and western perspectives and its link with blasphemy and religious defamation from the western side. Keywords: Freedom of expression, Islamic and Western perspective, conflicting issue, blasphemy
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.