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Blasphemy Laws in Muslim-Majority Countries

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Blasphemy Laws in Muslim-Majority Countries RFIA571423 Techset Composition Ltd, Salisbury, U.K. 5/6/2011 50 5 BLASPHEMY LAWS IN 55 MUSLIM-MAJORITY 10 COUNTRIES 60 By Asma T. Uddin 15 65 n a prison in Sheikhupura, Pakistan, Aasia President Asif Ali Zardari would succumb to Bibi, the first woman in Pakistan to be international pressure and pardon Aasia, the sentenced to death for blasphemy, Lahore High Court in Punjab province issued an 20 contemplates her fate. Who will provide order barring Zardari from exercising his 70 Ifor her five children if she is killed? Will she constitutional authority to pardon.4 become a martyr for the growing movement Aasia’s encounter with strict blasphemy laws, opposing blasphemy laws? Will the while unique in that she is the first woman international community succeed in sentenced to death for this offense, is not 25 campaigning for her to be pardoned? If she is uncommon in Pakistan, where accusations of 75 pardoned, who will protect her from the angry blasphemy have been on the rise.5 While those masses instigated by extremists? who adhere to minority religions are more In June 2009, Aasia offered water to fellow susceptible to being accused, people of all faiths farm workers. They refused to accept on the have been indicted, including members of the 30 majority faith, Islam. In an interview with grounds that she was a Christian and, therefore, 80 they believed the water must be contaminated. National Public Radio, Aasia’s husband, Ashiq An exchange of words occurred, with each side Masih, stated, “[I]t’s not just Christians who are defending their religion. Allegedly, Aasia insulted targeted. Muslims have also been charged with the Prophet Muhammad by saying, “The Quran blasphemy. Christians are easy to implicate, 35 though. If they talk about religion, they are is fake and your prophet remained in bed for one 85 month before his death because he had worms in accused of blasphemy. If a Christian touches the his ears and mouth. He married Khadija just for Holy Quran, he is accused of a crime. And here, petty issues get twisted into accusations of money and, after looting her, kicked her out of 6 the house.”1 A few days later, a mob set upon blasphemy.” 40 Unfortunately, when it comes to religious Aasia, and the police rescued her from certain 90 death. However, the police later charged her with violence in Pakistan, the Aasia Bibi case is only committing blasphemy and held her in isolation the tip of the iceberg. In January, the governor of for 17 months while she awaited trial.2 Punjab province, Salman Taseer, was assassinated by one of his police guards for taking a public On November 8, 2010, the Sheikhupura 45 stance against Pakistan’s blasphemy laws.7 District Court found Aasia guilty of blasphemy. 95 The court ruled that there were “no mitigating circumstances,” sentencing her to death by Asma T. Uddin is Editor-in-Chief of Altmuslimah (www.altmuslimah.com) and 3 hanging. On November 29, amidst fears that an attorney at The Becket Fund for Religious Liberty. the review of faith & international affairs | 1 Electronic copy available at: http://ssrn.com/abstract=1885757 blasphemy laws in muslim-majority countries Though not directly linked, his assassination The bulk of Pakistan’s blasphemy laws are 100 came on the heels of a 24-hour strike organized contained within Sections 295–298 of the by a group of Sunni Muslim clerics, who were Pakistani Penal Code, titled “Of Offenses Related 150 protesting proposed changes to the laws.8 And in to Religions.” Every infringement under these March, Shahbaz Bhatti, Pakistan’s Minister for sections is punishable by imprisonment, either in Minority Affairs, was gunned down leaving his place of or in addition to a fine.12 For example, 105 home in Islamabad.9 Bhatti was an outspoken Section 295 relates to the defilement of a place of critic of Pakistan’s blasphemy laws, and it is worship with the “intent to insult the religion of 155 suspected that extremist supporters of the any class” and punishes this crime with a fine blasphemy laws were responsible for his and/or up to two years of imprisonment. Section assassination; a pamphlet found at the site of his 295A relates to the “deliberate and malicious acts 110 death warned against reforms to the blasphemy intended to outrage religious feelings of any class laws.10 by insulting its religion or religious beliefs.” The 160 Nor is the problem limited to Pakistan—it is statute states that such infringements include one that touches many countries. This article spoken and written words, as well as visible describes and evaluates the current blasphemy representations. The punishment for such insults 115 laws in Pakistan, Indonesia, and Egypt. Case is a fine and/or imprisonment for up to 10 studies from these Muslim-majority countries years.13 165 demonstrate the dangerous consequences of Section 295C14 punishes derogatory remarks blasphemy laws, in particular their susceptibility about the Prophet Muhammad with the death to being used by government as a tool to silence penalty or life imprisonment, in addition to a 120 political opposition and other forms of dissent. fine. The offender can commit such defamation The case studies are complemented with an through spoken or written words—by “visible 170 analysis of the proposed UN Defamation of representation or by any imputation, innuendo, Religions Resolution. Specifically, this article will or insinuation” which “directly or indirectly” argue that the UN Resolution is a violation of the defames the Prophet.15 125 freedoms of expression and religion, and that Like Section 295C, the language of many instead of protecting religious majorities from of the blasphemy sections is vague and overly 175 insult, it will be hijacked, like current blasphemy broad. The statute punishes not only spoken laws, to abuse religious minorities and silence words, written words, and “visible dissenters. representations,” but also sounds, gestures, the 130 placement of objects, and indirect defamation, Pakistan such as innuendos and insinuations. Section 180 The attack on Aasia Bibi was not the first 298C, which forbids members of the prominent manifestation of Pakistani blasphemy Ahmadiyya from calling themselves Muslims or laws. In 2010, there were several other headline- propagating their beliefs, is the broadest 135 grabbing incidents. section: it bans the defamation of Muslims in On May 28, Islamist militants armed with “any manner whatsoever.” The direct or 185 guns, grenades, and suicide bombs attacked two indirect propagation of the Ahmadiyya faith, as Ahmadiyya mosques in central Pakistan, leaving well as the adoption of any mainstream 94 dead and over 100 wounded. The Ahmadiyya Muslim practices by Ahmadiyya adherents, is 140 community has been subject to discrimination in considered blasphemy of Islam.16 Pakistan for decades, owing in part to the Personal and business rivals, as well as 190 country’s blasphemy laws, which forbid Ahmadis authorities, use the blasphemy laws to target and from calling themselves Muslim, proselytizing punish religious minorities. But blasphemy cases their faith, “or in any manner whatsoever outrag in Pakistan have not been restricted to the 145 [ing] the religious feelings of Muslims.” Section Ahmadis, Christians, or other religious minorities 298C of the Penal Code punishes such offenses within Pakistan; they have been brought against 195 with a fine and up to three years’ imprisonment.11 Sunni Muslims as well. 2 | summer 2011 Electronic copy available at: http://ssrn.com/abstract=1885757 asma t. uddin On a more national scale, the Pakistani High Muslims, who may then cause destruction or Court in Lahore has employed the blasphemy otherwise act violently,21 the Pakistani laws to propagate broad censorship on speech. In government’s decision to appease rather than 200 May 2010, the Court in Lahore placed a confront the violent transgressors only temporary ban on Facebook, Wikipedia, and strengthened the position of would-be violent 250 YouTube in response to “growing sacrilegious actors. content,”17 most notably the Facebook group “Everybody Draw Muhammad Day!”. The Indonesia 205 Facebook group was organized as a response to a While Pakistan is better known for news debacle involving the cartoon series “South Park.” regarding blasphemy laws, other countries have 255 After “South Park” creators Matt Stone and Trey similarly restrictive and harsh laws. Indonesia’s Parker depicted the Prophet Muhammad wearing Blasphemy Act makes it unlawful to a bear suit in one episode, members of “intentionally, in public, communicate, counsel, 210 RevolutionMuslim.com stated, “[What Stone or solicit public support for an interpretation of and Parker] are doing is stupid and they will a religion … that is similar to the interpretations 260 probably wind up like Theo Van Gogh [the or activities of an Indonesian religion, but Dutch filmmaker murdered in 2004 for making a deviates from the tenets of that religion.”22 One movie criticizing Islam] for airing this show. This of the purposes of the Act is to help the 215 is not a threat, but a warning of the reality of what government protect Indonesia’s six recognized will likely happen to them.”18 In response to this religions—Islam, Protestant Christianity, 265 “warning,” Stone and Parker placed the Catholicism, Hinduism, Buddhism, and Muhammad character under a “censored” Confucianism—by punishing those who graphic in the following week’s “South Park” encourage conversion away from one of these 220 episode. The Facebook group was created in religions or preach “deviant” interpretations of response to Stone and Parker’s decision. the recognized religions.23 The six official 270 The Lahore High Court ruling to censor religions each have government-funded religious speech was issued out of reasonable fear that the bodies that decide what is an acceptable belief depictions of the Prophet could ignite violence in for that religion and what is not.
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