A stellar judgment

Much of the controversy surrounding the country’s blasphemy laws stems from the utter lack of understanding shown by left leaning parties and individuals regarding the exalted status of Prophet Muhammad (peace be upon him) in Islam and in the lives of the vast majority of Muslims. This often puts the state in an awkward position.

The Holy Quran enjoins us to show unconditional obedience to the Prophet (PBUH) and tells Muslims that he has a greater right on them than they have on themselves. Since the Prophet (PBUH) is a paragon of excellence and an important pillar of the very edifice of Islam, he is more sacred than everything, including their lives. They love him more than anything else as it is an integral and fundamental part of their Eeman (faith).

This issue has ignited long, intense debate and many times violence has flared with mobs demanding instant punishment for the offence. There are quite a few on death row and waiting for their trial. For decades now there has been hue and cry about this whole issue and demands were made to address this complex situation head on. Finally we have some good news.

In a recent landmark and historic judgment, Justice Shaukat Aziz Siddiqui of the Islamabad High Court has dilated on this phenomenon and explained as to why Muslims see blasphemy as a critical issue. I believe it is a landmark judgment because it has also sought for a review of the law so that false accusations could be made an equally punishable offence. He has recommended that parliament amend the law to seek the death penalty for those who falsely accuse people of blasphemy. The judgment complains that there is currently a small punishment for falsely accusing someone of blasphemy. I think this part has made this 116-page judgment not only historic but will help resolve this longstanding issue, keeping in view the harsh criticism made regarding the misuse of this law. That is precisely the reason why even the opponents of this law have welcomed the judgment, including Human Rights Commission of Pakistan chairman Mehdi Hasan.

In classy Urdu, the lingua franca of Pakistan, the judge has discussed pretty much every related matter in this report, arguing in favour of stopping the exploitation of the law instead of repealing it altogether, which is perhaps too tedious and delicate a task for the national and provincial legislatures.

Quoting various writers, columnists, scholars, religious experts, Justice Siddiqui, at the outset, builds an argument about the stature of the Prophet (PBUH) of Islam. More importantly, he refers to different verses of the Quran to prove his point, for instance, Ayah 61 of Sura Tauba, which says: “And those who abuse the Messenger (PBUH) of Allah (SWT), for them is a painful punishment”, Sura Al-Ahzab Ayah 57, in which Allah (SWT) says: “Undoubtedly, those who annoy Allah and His Messenger, Allah’s curse is upon them in the world and in the Hereafter and Allah has kept prepared for them a degrading torment. And in Sura Noor Ayah 63, “Do not consider the summoning of the Rasool (PBUH) in the same manner, as you consider the summoning of one another among yourselves. Allah knows those of you who slip away, concealing themselves behind others. Let those who disobey his orders beware, lest some trial befall them or a painful punishment be inflicted on them”.

The ruling has different instances quoted from the life of the Prophet (PBUH) to prove as to how he was respected by his companions. The honourable judge also talks about the Naat and names different personalities of the distant and recent past who showed their highest respect for the Prophet (PBUH) through their poetry.

It also argues that the blasphemy law is not a product of any emotional outbursts of some religious segments of the society rather it is based on the spirit of Islamic law. The British introduced this law in the CrPC of the subcontinent in 1860 and it has evolved ever since. The ruling dilates on the issue of Constitution as an organic whole and urges that it is incumbent upon us to look at everything in the light of the Objectives Resolution which talks about the supremacy of Islam in every sphere of life. Quoting founders of Pakistan like the Quaid-e-Azam, Allama Iqbal, Bahadur Yaar Jang, etc, it establishes the relevance of Islam in the overall scheme of things.

Talking about the media and its responsibilities, the judgment not only quotes Article 19 of the Constitution but also urges the government authorities to publish an advertisement in the newspapers showcasing Article 19 to create awareness among the public. Article 19 says: “Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court”. The same applies to social media as well in the present day and age.

Rights come with responsibility. Quoting the Declaration of Rights of the French Revolution, among other historic documents, the ruling says: “The free communication of ideas and opinion is one of the most precious of the rights of man. Every citizen may, accordingly, speak, write, and print with freedom, but shall be responsible for such abuses of this freedom as shall be defined by law”.

While emphasising the importance and sanctity of human life, the honourable judge says that in no circumstances can a person take the law into his own hands as this is the responsibility of the state. He also points out their failure and urges the state institutions to act proactively in addressing any situation in future and wishes that people working for these institutions had more knowledge, awareness and love for the Prophet (PBUH) of Islam.

Many senior jurists, including former chief justice of Pakistan Iftikhar Muhammad Chaudhry, have lauded this judgment. Iftikhar Chaudhry counts it as a landmark judgment and sees it as a piece of correct interpretation of constitutional and legal provisions on the subject.

This ruling could usher in a new era of peace and calm in the country — provided it satisfactorily meets the approval of all sections of society, especially the religious clerics. I personally hope that the public can take ownership of this verdict.

In view of this judgment, it is incumbent upon parliament to immediately take practical steps to legislate and change the blasphemy laws so that the person who falsely accuses someone also gets the death penalty. It will definitely reduce, if not stop, the misuse of the law which we have seen so many times in the past and also make it more acceptable to all segments of society. It will surely spare many innocent lives in future. That is the spirit of this landmark judgment. Parliament must now act fast.

Published in The Express Tribune, September 27^th, 2017.

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