CII proposal

While CII opposed any amendment in blasphemy law, recommendations would undoubtedly solve some of most basic issues.

While silence appears to be the operative word as far as the blasphemy law goes, with few willing to speak out on the issue of repeal on even reform, past recommendations by the Council of Islamic Ideology (CII), the top advisory body on religious affairs, offer a simple solution to the controversy. In 2001, the CII had recommended the death sentence for anyone misusing the blasphemy law and that blasphemy cases be heard by the Federal Shariat Court (FSC). The CII had held that the FSC, made up of five regular judges and three Islamic scholars, was better placed to decide on matters involving blasphemy.

While the CII had opposed any amendment in the blasphemy law itself, its recommendations would undoubtedly solve some of the most basic issues. Capital punishment for misusing the law would almost certainly prevent frivolous use of section 295-C to settle petty scores. And given the reign of terror enforced by extremists, the FSC may be better placed to judge cases without provoking frenzied wrath from the fanatics. What is shocking is that the CII recommendations, which have existed in dusty files for almost a decade, have not been tabled before parliament, either by the Musharraf regime or by the PPP government.

Bowing down to the extremists can only embolden them and encourage them to move a few paces forward, further blocking out space for debate and discussion on key issues. At present, we see a government apparently paralysed with terror. The reasons for this are to some degree comprehensible. But the approach will only complicate matters. A sensible strategy needs to be devised. The CII’s recommendations offer a means to construct one. Indeed, a number of other Islamic scholars have also spoken out against the manner in which blasphemy laws are abused. These voices need to be heard. At the very least, more effort can be made to circulate the opinions on the blasphemy law, offering an opportunity to people to decide where they stand on the issue. The reluctance of the government to comment on the matter and to insist only that the blasphemy laws will not be amended means that extremist voices ring out from everywhere and rationality has been lost. The CII’s recommendations can prove a means to restore it.

Published in The Express Tribune, January 14^th,  2011.