Source/Credit: Daily Times | Pakistan
By Farrukh Khan Pitafi | November 26, 2010
I implore all those who contend that it is an Islamic law to first show us the grounds for it in the Holy Quran. If they cannot, they need to realise that it is counterproductive to the spirit and interest of Islam
Things just keep getting better and better. Now the guardians of our spiritual boundaries have selected another scapegoat. Aasia Bibi is the new victim. No, I stand corrected. The entire nation is their victim. Do you have any idea how easy it is to get you killed? All it takes is a single public address from the loudspeaker of a mosque announcing that you have indulged in blasphemy. No evidence is needed. Nor any FIR. Just rely on the public address and within minutes hordes of the faithful will start assembling at your gate with all possible weapons. No matter how much you plead your innocence, you will find yourself engulfed in scorching, burning flames.
So these are the ways of the world or our part in it. But the saddest part is that you do find bloodthirsty people defending this culture of intolerance on television. And our state has done nothing to contain or roll back these corrosive trends. If the government’s commitment is anything, the nomination/appointment of Maulana Sherani for the post of chairman Council of Islamic Ideology (CII) is a good enough example. One can hope that someday it is realised that the man or woman (pray why not a woman?) for the job has to be enlightened and progressive, not a man mired in obscurantism and tribalism.
But that might be asking for too much. Right now I am concerned more about the quality of public discourse on the matter and the laws at hand. Personally, I am for total repeal of the blasphemy laws. I have argued enough in an apologetic manner. And yet now I feel no more is affordable. If the proponents of vandalism and butchery can advance their cause so shamelessly on television, so can I being a free citizen of the republic. I need not tell you that I am a Muslim and that I do not take pleasure in any acts of blasphemy. However, just look at the laws in our Pakistan Penal Code (PPC), particularly sub-section 295-B and C.
Sub-section 295-B on defiling, etc, of Holy Quran states: “Whoever wilfully defiles, damages or desecrates a copy of the Holy Quran or of an extract therefrom or uses it in any derogatory manner or for any unlawful purpose shall be punishable with imprisonment for life.” Whereas 295-C on use of derogatory remarks, etc, in respect of the Holy Prophet (PBUH) states: “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 Mohammad (PBUH) shall be punished with death, or imprisonment for life, and shall also be liable to fine.” Now tell me how will the court judge all this? I mean, how can we blame the courts when there is so much ambiguity in the text? For instance who will decide that the act of defiling, damaging or desecrating the holy book was wilful or not? How will it be decided that an act of defiling the name indeed took place. Witnesses? Remember this is a country where witnesses can be bought at quite cheap rates. Not only that, even confessions can be obtained through arm-twisting. So the entire law is prone to abuse.
But that should be our concern if a law is needed. I do not think there is a need for any such law. First, any such law where the state expresses partiality towards any faith is counterproductive for democracy and human rights. Second, I implore all those who contend that it is an Islamic law to first show us the grounds for it in the Holy Quran. If they cannot, they need to realise that it is counterproductive to the spirit and interest of Islam too. Last, as long as there is a blasphemy law, it will keep polarising society and thereby creating new grounds for the abuse of the law.
Now let me talk about the discourse too. One good thing about the discussion is that it has exposed the Taliban apologists and extremists within the media using secular excuses for their obscurantism. But let us not go there. I recently watched Mufti Muneeb claiming on television that the president cannot pardon any punishments of such nature. I sure know why this country fails to develop consensus over moon sighting and why the opposite side is declared the enemy of Islam and Pakistan. A little bit of knowledge of the law of the land would have informed the Mufti sahib that the president has this discretionary power.
Let me also remind you that I am one of the few liberal writers who called Dr Aafia Siddiqui the daughter of this nation. How on earth do you even begin to think that Aasia Bibi is not? In our admirable haste to punish those we think guilty, we forget that General Zia was not the prophet of Islam, Hazrat Mohammad (PBUH) was. Maybe, those who advocate this law are the actual blasphemers.
The writer is an independent columnist and a talk show host. He can be reached at farrukh.khan@pitafi.com
Read original post here: Blasphemy!!! —Farrukh Khan Pitafi
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