An accounting of the prophets biography and the early history of islam will illuminate muhammads position on blasphemy, heresy, apostasy, and heterodoxy, especially as muhammad never advocated blasphemy laws or a shari. Myanmar, have blasphemy related laws that are actively enforced. Islamic countries in east asia and the pacific, including brunei, indonesia, malaysia, and. Global law against blasphemy in 2005, on behalf of the organisation of the islamic conference, yemen introduced to the united nations general assembly the first resolution that called upon the world to take action against the defamation of religion. Punishment for blasphemy against the prophet sws dr.
Prosecutions for blasphemy usually target those who offend islam, but an insult to any religion can give rise to prosecution. The blasphemy laws can be found in the pakistan penal code ppc, sec tion xv. It is a sensitive issue for many, especially those who have an unshakable faith in their beliefs, religious leaders. The quran does not prescribe punishment for abusing the prophet mr.
Offense to the nation the example of holocaust denial. Adoption of the blasphemy law and all its amendments was more of a bungle than a felix culpa in the constitutional history of pakistan. The assassination of a pakistani christian cabinet minister for speaking against the blasphemy law is a stab in the heart of islam and a humiliation of the prophet by those who claim to be his followers. She remains on death row, but a request has been made to reopen her appeal, which has seen postponements for the past six months. As australia has no established church, blasphemy offences that originated with english common law where they applied only to an established church may not be applicable to australia, but there were some prosecutions and convictions. Blasphemy law of islammisconceptions and fallacy journal of. Crimes are commonly justified by the perpetrators as actions against hatred, heresy, blasphemy, or deviance. Other east asian and pacific countries with such laws include japan, laos, the philippines, singapore, thailand, and new zealand. I dont know if blasphemy laws are harsher than in other muslim countries but it does seem that theyre enforced more vigorously judging by news stories coming out of pakistan. May 25, 2017 saudi arabias aforementioned blasphemy regulation is part of a sharia common law that has accrued over centuries and that protects its brand of fundamentalist salafi sunni islam to the expense.
Muslim spokesman blames christianity for islamic blasphemy laws. At the conquest of makkah, the holy prophet muhammad p. Most significantly, there is no punishment for blasphemy if the accused is a nonmuslim. Blasphemy is condemned on moral and ethical grounds, no doubt, but no physical punishment is prescribed for blasphemy in islam despite the commonly held view in the contemporary world. The danish cartoon saga and the salman rushdie affair represent two high profile examples of alleged intolerance of muslim communities. Blasphemy laws were rarely enforced in premodern islamic societies, but in.
Article 3 law and religion in afghanistan, no law can be contrary to the beliefs and provisions of the sacred religion of islam. Using a chronological reading of the text according to the conclusions of modern scholarship, carl w. As australian blasphemy law shares a common origin with new zealand blasphemy law, australian law commission reports are relevant to new zealand. How convenient for the oic that facebook has decided to champion it. Those who are supporting his killing or similar actions are the worst enemy of islam who neither understands islam nor respects the prophet. Blasphemy laws are generally used to protect the religious beliefs of a majority or those who control the law. Mar 09, 2016 around 1194 people have been charged under this blasphemy law in pakistan. The most recent aggression in this blasphemy enterprise a yearslong, carefully plotted oic campaign to snuff out american freespeech rights under the guise of defamation of religion. They violate the human right to freedom of expression they protect religious beliefs and practices, institutions and leaders, from legitimate and often necessary criticism they are intrinsically bad, subjective, inconsistent laws. Meliana was accused of blasphemy against islam for her complaint in july 2016 about the loudspeaker volume of a mosque near her house in tanjungbalai city, north sumatra province.
Otherwise, the term blasphemy can be stretched to mean anyone who does not believe islam to be a true religion. Myanmar, have blasphemyrelated laws that are actively enforced. Jan 15, 2018 enforcing islamic blasphemy law is one of the oics main causes. In 1992, the australian law reform commission produced report 57 on multiculturalism and the law which considers the role of the common law offence of blasphemy in federal law. In voting last month to repeal their countrys centuriesold blasphemy law, danish lawmakers joined a growing trend in europe toward securing free speech on matters related to religion a comprehensive ipi study on criminal defamation and insult laws published in march by the representative on freedom of the media of the organization for security and cooperation in europe osce. Can rashid explain why blasphemy laws exist all over daralislamincluding places that were never under western colonial ruleyet were done away with long since in. The penalty for blasphemy may be years of imprisonment as well as a fine. The islamic world has a blasphemy problem foreign policy. Jun 30, 2012 islam and blasphemy law in pakistan, people can be charged for blasphemy under section 295 a, b, c and 505 of pakistan penal code. Despite danish repeal, blasphemy laws still common in. Nov 30, 2012 pakistan, for example, has cited the irish statute at the united nations to support its own blasphemy laws. The blasphemy laws of pakistan were introduced on the premise of protecting the sanctity of the peoples religious beliefs, but the laws only ended up meting out public death sentences to. During the entire muslim rule in india, islam was never made the state religion and shariah never became the dominant law of the land.
Mar 28, 2018 apostasy, blasphemy, heresy the three most evil bully gasoline words, ever coined by religious gangster dictators. Freedom of expression, t o p i c a l i ss u e s a n d c o m m. Blasphemy and related laws in selected jurisdictions. Pdf on jan 7, 2020, daniel peterson and others published islam, blasphemy, and human rights in indonesia. Regardless of any justification for blasphemy laws in muslim countries, common sense suggests that they can only be applied to muslims. This specific blasphemy law was not instituted by your prophet 1400 years ago. Pakistans blasphemy law united states commission on international religious freedom 732 n. Pdf blasphemy laws in muslim majority countries researchgate. Ernst offers a nontheological approach that treats the quran as a historical text that unfolded. The quran admonishes blasphemy, but does not specify any worldly punishment for blasphemy. The consensus in the hanafi school of islamic jurisprudence has always been that blasphemy against the holy. Blasphemy law is a law limiting the freedom of speech and expression relating to blasphemy, or irreverence toward holy personages, religious artifacts, customs, or beliefs. The defamation act 2009 and the statutory crime of blasphemy. Pdf in pakistan, courts use blasphemy laws to bully religious minorities, as well as muslims, and to justify broad censorship on speech.
Blasphemy laws such as those above are fundamentally incompatible with indonesias obligations under international human rights law and, specifically, violate legally binding provisions on freedom of expression, thought, conscience and religion, equality before the law and freedom from discrimination. Saudi arabias aforementioned blasphemy regulation is part of a sharia common law that has accrued over centuries and that protects its brand of. Obscene praise for the pakistani muslim who murdered a. Pdf islam, blasphemy, and human rights in indonesia. Gods book and the sunnah of his prophet gods prayers and peace be upon him are its constitution. Across much of the muslim world, apostasy lawsbacked by social pressureare used.
In the islamic context, blasphemy refers to a wide range of acts ranging from apostasy to cursing or. Prosecutions for blasphemy in australia are rare and there have been few since 1919. If the courts follow through with executing her by hanging, she would be the. Converts from islam and atheists may also be vulnerable to pakistans blasphemy law, which prescribes life imprisonment for desecrating or defiling the quran and the death sentence to anyone for using derogatory remarks towards the prophet mohamed. It should most certainly be changed for it has blemished the name of islam and muslims throughout the world. A disconnect in principles blasphemy law in ireland. According to article 1 of the basic law of saudi arabia its equivalent to a constitution, the kingdom of saudi arabia is a sovereign arab islamic state with islam as its religion. Cases have been registered against nonmuslim minorities and muslims alike, under the blasphemy laws. Blasphemy, is generally defined as the exhibition of irreverent behavior or language towards god, religion or anything held sacred.
It strongly argues that the death penalty in the laws of apostasy and blasphemy is untenable in the modern period. The offences of blasphemy and blasphemous libel in english common law were carried over to the australian colonies and received into state law following federation in 1901. Reviews this book deserves to be regarded as the definitive study of the ahok trial, the blasphemy law, and the contentious politics of religious freedom and cultural citizenship in. Freedom of expression, apostasy, and blasphemy within islam. Freedom of expression, t o p i c a l i ss u e s a n d c o. Rather, in an attempt to keep occupied communities separate and docile, it. The peoples democratic republic of algeria prohibits blasphemy against islam by using legislation rather than by using sharia. Every algerian child has an opportunity to learn what blasphemy is because islam is a compulsory subject in public schools, which are regulated jointly by the ministry of education and the. In january 2011, the governor of punjab, salman taseer, was gunned down by one of his own security guards over a controversial move opposing the. In 1990, a christian convert who was accused of insulting the prophet was denied bail by a. Having studied the holy quran extensively and repeatedly with deep concentration, i have failed to find a single verse which declares blasphemy to be a. In denmark, blasphemy is outlawed by paragraph 140 of the penal code, which states. The political history of islam and the prophet muhammads life is central to any discussion of blasphemy laws in an islamic state. Apostasy laws punish people who apostasize and convert away from islam.
It will critique the various submissions made to the court and analyse the historic decision of the judiciary, which upheld the validity of the blasphemy law. Saudi arabia is explicitly an islamic state, with no separation between state and religion. Judith bergman is a columnist, lawyer and political analyst. The ethical case for a blasphemy law the handbook of. Blasphemy in islam is impious utterance or action concerning god, blasphemy against the. The authorities have not brought to justice many perpetrators of crimes. The sirah passages that might have provided a basis for the blasphemy law actually seem to be dealing with secular nationalist issues, namely treason during.
Apostasy, blasphemy, heresy the three most evil bully gasoline words, ever coined by religious gangster dictators. May, 2017 muslim spokesman blames christianity for islamic blasphemy laws the idea that blasphemy laws were introduced to the muslim world by british imperialism is, of course, ludicrous. Blasphemy, misconceptions, fallacy, blasphemy law blasphemy refers to the act of uttering profane, insulting or abusive language for something divine related to religion. Apostasy, blasphemy, and anticonversion laws religious liberty. But antiblasphemy laws are applied to nonmuslims in every muslim country that has such laws.
The situation is such that even a recommendation to reconsider the existence of these laws potentially evokes serious recriminations and. The original blasphemy laws, from 1927 under british rule, were i. Articles 295298a of the malaysian penal code provide penalties for those who commit offenses against religion. Islam regards blasphemy against the prophet a very heinous crime and the quran strongly forbids blasphemy and makes 11 references to it. Therefore, evaluations of blasphemy laws under islam, christianity, hinduism, etc. Blasphemy in islam is impious utterance or action concerning god, blasphemy against the prophet muhammad and his companions sabb alrasul, sabb alsahabah, insulting an angel or to deny the prophethood of one of the islamic prophets. The trial of ahok find, read and cite all the research you need on researchgate.
International law principles implicated by blasphemy laws and. The end blasphemy laws campaign holds that blasphemy and insult to religion laws are wrong in several ways. Apostasy, blasphemy, heresy allan ivarsson author of. This defensive reaction is made regardless of the merits of the arguments against the blasphemy laws or the lack of merit in particular cases. Apr 15, 2017 blasphemy, is generally defined as the exhibition of irreverent behavior or language towards god, religion or anything held sacred. Sharia, criminal justice systems, and modern islamic state practices javaid rehman investigates the uses and abuses of certain interpretations of sharia law and the quran. The penalties include up to three years in prison or a large fine.
In effect, the blasphemy laws, in their current form, are an instance of legislation inherently open to abuse, operating in an. Recent events of blasphemy cases in pakistan once again raised the issue of blasphemy and prompted that it must be discussed openly whether or not blasphemy is an islamic concept. The quran does not prescribe punishment for abusing the prophet on 2nd october, 2012, like many of his articles in the past usually devoid. The chapter demonstrates that these laws conflict with a variety of foundational teachings of islam and with the current ethos of human rights, in particular the freedom to choose ones religion and the freedom to express oneself. Compendium of blasphemy laws final1 human rights first. Offense to the nation and the case of blasphemy against islam. Scharffs identified that blasphemy laws in united states of america usa and european countries are mostly historical relics12 although in european context, the situation concerning blasphemy law is quite problematic. Blasphemy and related laws in selected jurisdictions library of. Daniel peterson is a qualified lawyer and an associate of the centre for indonesian law, islam and society cilis at the university of melbourne, australia. In south asia, the islamic states of afghanistan and pakistan have blasphemy laws that are actively enforced, and india has a blasphemy law that reportedly is used by all of indias faith groups when their religious sensibilities are hurt. There has thus been a conflict in international law between the muslim and western conceptions of freedom of. For anyone, nonmuslim or muslim, who wants to know how to approach, read, and understand the text of the quran, how to read the quran offers a compact introduction and readers guide. Section 295a of the indian penal code has been used as a blasphemy law to prevent insulting christianity, islam and hinduism. It argues that, quite apart from procedural inadequacies of the pakistani legal system and its special sociopolitical circumstances, the very form and design of the blasphemy laws invite abuse.