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Explainer: Pakistan's blasphemy laws

Reza Sayah, CNN

August 25th, 2012

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Islamabad, Pakistan (CNN) - An 11-year-old girl is being accused of blasphemy in Pakistan. Her accusers says she burned pages from the Quran, Islam's holy book. Now, she is being detained by authorities, and her family appears to be on the run.

The case is drawing the country's complex laws about blasphemy into the spotlight again. Here is a primer on the country's laws.

What are the major stipulations of Pakistan's blasphemy laws, and what exactly do they prohibit?

Pakistan’s blasphemy law makes it a crime to destroy or damage the Quran or to insult the Prophet Mohammed.

The following are two sections of the law as they appear in Pakistan’s penal code:

Whoever will fully 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 for imprisonment for life.

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 Mohammed (PBUH) shall be punished with death, or imprisonment for life, and shall also be liable to fine.

When were Pakistan's blasphemy laws adopted? What fueled them?

According to the public policy think tank Jinnah Institute, Pakistan’s blasphemy laws originated in British colonial laws drafted in 1860 to protect religious beliefs and customs.

In the 1980s, under the rule of hardline Islamist and military dictator Gen. Muhammad Zia-ul-Haq, the laws were amended to include life imprisonment and the death penalty.

Zia-ul-Haq accused previous governments of leading the country away from the principles of Islam and openly stated his mission to return Pakistan to a conservative Islamist state. Zia-ul-Haq’s reign is widely viewed as the “Islamization” of Pakistan.

Critics say that soon after the blasphemy law was amended under Zia-ul-Haq, many accusers began misusing the law and exploiting Pakistan’s ineffective justice system to settle personal scores and persecute minorities.

The Jinnah Institute says nine cases of blasphemy were reported in Pakistan between 1929 and 1982. Over the past 15 years, the number of cases has reached into the thousands.

What are the big Pakistani blasphemy cases in recent years that got international attention? How were they resolved?

In November 2010, Christian laborer Asia Bibi was sentenced to death after a fellow worker accused her of insulting Islam. The sentence is under appeal, and Bibi is still in jail.

Months after Bibi’s death sentence, provincial Gov. Salman Taseer and Federal Minister Shahbaz Bhatti – both moderate Pakistani politicians – were assassinated after public calls to amend the blasphemy laws.

In May 2010, militants attacked two mosques and killed more than 90 worshipers of the Ahmadi sect, minority Muslims often viewed as heretics and blasphemers by hardline Sunnis in Pakistan.

Why have some hardline Islamist groups in Pakistan rejected the call to change the blasphemy law and gone as far as praising the assassination of politicians who pushed for change?

Aasim Sajjad, a political analyst and professor of history at Islamabad's Quaid-i-Azam Univeristy, blames a succession of governments, leaders and institutions that have directly or indirectly either promoted or tolerated a hardline Islamist mindset.

“There are very well-entrenched structures of power that exist in this society,” Sajjad said. “Some of them have to do with how this state and its institutions are set up. Those deeply established structures are part of the answer why this continues to happen.

“What one needs to emphasize is how since its inception, the state has depicted itself as citadel of a particular kind of religious ideology. And what’s well-established is the direction of the state towards a self-proclaimed Islamic state during the late '70s and '80s. I think that was a fundamental turning point," he said.

“Today, there is a wide cross-section of society that tolerates this, and I think there’s also an environment of fear where they feel that if they do stand up against it, they will be targeted. The primary sentiment is one of ‘keep your head down and don’t get yourself involved, because if you do, then you’re going to be set up to be jailed or killed,' " the professor said.

Is there any chance of meaningful debate or change when it comes to Pakistan’s blasphemy laws?

“I think it’s going to take a visionary political leadership which is willing to be courageous and take a stand to generate popular support,” Sajjad said.

“But my sense is that the mainstream political forces in this country have the same approach as most everyday Pakistanis, which is just put your head down and don’t take up these issues. Until a popular constituency develops, political will won’t be generated. Until a political will is generated, a popular constituency may not be developed.

“It’s like what came first, the chicken or the egg?”

 

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