Wednesday 2 February 2011

{EOP}Islamic Law Of Blasphemy And World Scriptures


Dr Haroon Iqbal
The brutal and shocking murder of Governor Salman Taseer , has reminded once again that an ideological gulf exists between the minority ruling elite and the majority common Muslims who took their right to govern their own country from the British colonialism but soon the right was snatched by the minority elite who owe their ideological dogmatism to their all time British masters, borrowing a mindset finely crafted over centuries by their imperial “deities”. That conflict of ideology , where a secular minority has several times proved that they are More loyal than the king, has once again rose its ugly head when the shock wave of growing extreme right sentiment from Europe took its shape of secular extremism in Pakistan .Question arises , based on Islam , Pakistan broke away from so called Hindu India, in the name of secularism? Off course more than 3 million Muslims of India did not gave away their lives for a secular Pakistan. The remnants of a the brotherhood of British slaves found studded in unionist party , “Muslim communists” , Qadianis , Parvazis , and so called “Muslim” atheists , all found Pakistan a safe sanctuary to safeguard their material interests , in the form of real estate , businesses and other material assets . Governor Salman Taseer’s murder is only one chapter of a long story.

Unfortunately , one way or the other , Salman Taseer has committed a suicide by violating law , undertaking contempt of court , and infringing constitution on the other , because blasphemy law is part of the constitution under article 295-C , which declares death sentence for the perpetrator of contempt against the prophet Muhammad ( SAW).Now Mr. Salman took oath under the Pakistani constitution and he was violating it by criticizing a matter which was decided by a court of law, awarding Asia bibi , the convict , with death sentence by hanging , after a long trial which lasted for 1-1/2 years. This law is a continuation of the article 1 which declares Pakistan as an Islamic state and article 33 which states that no law will be constituted against the spirit of Quraan and Sunnah.interestingly, the majority of the “victims” blasphemy law were Muslims ( more than 400 in number , since its inception) and only less than 300 non Muslims .So , first of all the law is not discriminatory , and secondly it guarantees safety of the minorities against form loss of life because it implies that such a perpetrators of contempt will be tried in courts and if found innocent would be acquitted. But if the law is repealed, then every individual will be free to be driven by his/her own emotions which will be inspired by respective zeal and everyday killings would be a routine matter. So under the blasphemy law, the zeal and the emotions of the people have been disciplined under a fixed code of law as narrated by the constitution. Moreover , the law has been unanimously condoned by the parliament and should be read in continuation of the article of the constitution whereby Qadianis have been declared non Muslims and which affirms belief in Prophet Muhammad SAW as the last prophet of Allah as a secret asset of the constitution of Islamic Republic of Pakistan. Remember , this constitution of 1973 was unanimously formulated by the government of Pakistan Peoples Party and not by the “conservative” mullahs. And the constitution of 1973 extracts its spirit from the principles of the objectives resolution through legislative assembly formulated under the guiding principles of Quaide Azam , Nawabzada Liaqat Ali khan and reflected the aspirations of the Muslims of Pakistan and echoed the heartfelt ambitions of millions of Muslims of India translated through the golden words of 1940 ‘s Pakistan resolution at Lahore.
The so called pleaders of the moderate Islam and those who oppose blasphemy law , might be unaware that blasphemy laws do exist in the constitution of united states of America , the UK and India , to name a few. And in these countries an act of contempt against Jesus (PBUH) is punishable under law. So in this regard many of the world constitutions uphold the sanctity and reverence of the prophets and they are meant to keep society from falling victim of chaos and anarchy , when basic ideological sentiments of the masses are hurt. These laws are destined to provide the constitutional grip over the potential ideological chaos. Same is true for the Holocaust , and denial of holocaust is liable with 7-10 years of imprisonment and 52000- 100000$ worth of fine in almost all western countries and America. Wearing Hijab is almost a crime in the western culture and women wearing hijab have to choose between employment and their dress code. Similarly , In France women wearing hijab have been denied access to medical care , education and basic civic rights .So much so that an Egyptian lady Marwah Alsharbini was brutally murdered inside a courtroom in Dresden , Germany just because she was wearing Hijab.So every country and every society have their own legal norms consistent with their traditions , culture , religion , folklore, and way of life.Paksiatn is no exception , where people can remain without food , shelter , water, medicine and other essential commodities and can live exposed to all sorts of governmental atrocities , but they are ready to die in the name of sanctity of the prophet Muhammad SAW.But this remains the duty of the religious leaders and Ulema to educate people about the provisions of rules laid own in the constitution , regarding blasphemy and in my view , the people might have played with the sentiment of the common Muslims in this regard but no one can use misuse law, because law provides the convict with the chance to defend him/herself. How can one plays with a law harbouring acquittal potential for the convict?
One more misconception which has been propagated by the so called secularists , with great relish is that ,Prophet Muhammad ( SAW) was deemed very kindhearted and used to forgive anybody who misbehaved with him .Off course this is true, but by contemplating Islamic penal code , quoting 3 examples would be sufficient , to prove that it has something to do with evolution of Islamic jurisprudence and penal code which was not yet implemented in the prophet’s stay in Makkah , when a women named Hind used to throw trash on him .remember she was non Muslim and was not an apostate and in the absence of a penal code and as part of policy of appeasement she was not punished. Second , when prophet ,during his Madinah era decided the case in favour of a Jew against a Muslim while undertaking a trial, and the Muslim challenged the case in the court of great apostle Umer who beheaded the Muslim because he insulted the decorum of the office of a prophet. Similarly , around 7-8 people including Ka’ab bin Ashraf , Reeba and 5 more were sentenced to death when Makkah was captured by the PROPHET Muhammad SAW because they perpetrated act of insult and contempt of prophet hood in the past.( Muhsine Insaniyat By Naeem Siddiqui).Allah says in Qura’an,
“Those that make war against Allah and his messenger and spread disorder in the land shall be put to DEATH.(Al-Ma’aida 5:33).
And there are several hadith( statement of prophet Muhammad SAW) regarding killing those who commit contempt against the reverence of the prophet.
“According to Hazrat Ali a man throttled a women to death who used to abuse the prophet (SAW) and the Prophet said the blood of this women went in vain”( Abu Daud).
Blasphemy is punishable with death in other scriptures also.
And he that blasphemeth the name of the LORD, he shall surely be put to death, and all the congregation shall certainly stone him: [Book of Leviticus 24:16]
“If a man born of a lower class intentionally bothers a priest, the king should punish him physically with various forms of corporal and capital punishment that make men shudder.” [Manusmriti 9:248]

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