“If made part of the law, this provision will discourage people from using blasphemy laws for settling personal scores,” says CII member Allama Tahir Ashrafi. PHOTO: FILE
A long-standing demand of civil society appears to be nearing fruition as members of the Council of Islamic Ideology (CII) on Wednesday recommended death penalty for anyone convicted of making false accusations of blasphemy.
The recommendation, if formally approved by the CII on Thursday, will mean that anyone convicted of making false blasphemy charges will be liable to the same punishment as a blasphemy convict.
The CII is a constitutional body that advises the legislature whether or not a certain law is repugnant to Islam.
In order to ensure that the recommendation is actionable, the CII members have also recommended the addition of the provision against false accusers within the existing blasphemy laws.
CII member Allama Tahir Ashrafi said most members of the council agreed to the proposed move during Wednesday’s meeting.
“If made part of the law, this provision will discourage people from using blasphemy laws for settling personal scores,” he added.
He added that the recommendation has been a long-standing demand of civil society activists, who had been lobbying for relevant legal measures to discourage false accusations of blasphemy.
DNA U-turn
In another significant move, the CII members recommended that it was entirely up to the judiciary to decide on the admissibility of DNA evidence in rape cases.
The CII recommended that only the courts decide if a DNA test substantiated supplementary evidence, which is why the judiciary should decide on the admissibility of DNA tests as primary evidence.
Earlier, the council had ruled that the DNA test could only be admitted as primary evidence if the accused denied charges of rape and if four witnesses were available as per Islamic law.
The ruling had triggered a countrywide debate after the legal fraternity described it as contrary to the law. Civil society activists and rights campaigners also condemned the verdict saying that it would encourage rape in the country.
After severe criticism, the CII decided to review its earlier decision and put the review on the agenda of its scheduled September meeting.
However, Allama Ashrafi insisted that the council had never ruled against the DNA test as evidence.
Published in The Express Tribune, September 19th, 2013.
COMMENTS (29)
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How many of those who had been falsely accused of blasphemy in the recent past, but were cleared by courts due to the accusation being false; have been successfully able to reintegrate into their original life in Pakistan? Rimsha Masih still had to flee the country with her family, most of those accused of blasphemy end up getting lynched by a mob or meet an untimely end in police custody or prison.
Enacting this law still doesn't provide respite to the 'accused'. And how many judges will actually pass this sentence, lest they be accused of blasphemy themselves! 2 wrongs don't make it right.
It is ridiculous to think that anybody will commit blasphemy in Pakistan unless in ignorance(of that one is doing so),or if one is mentally disturbed.Moreover,Blasphemy law had done little to stop blasphemy where it is much more likely to happen(and is happening) i.e west and other non-muslim countries.It is superfluous to say the least.
Pakistan should keep the blasphemy law on books - it is the only protection people's faith has against those who insult it. And going by the number of blasphemy cases I read about, it is obvious that there is no shortage of people who want to insult your religion. It is an excellent law that will line the road to the establishment of the righteous Caliphate in Pakistan.
Why punish someone for what they do or don't believe?
@khan:
Lately, ET has been pandering to the right-wing, and comments not towing the line are being censored.
ET Moderator why u not publishing my comment? where are ur cherished secular values haan??????????????????
RAPE is entirely different from adultery so there is no need to provide four witnessess...its is dealt like any crime being committed e.g. murder..where the existing evidences are required to prove and disprove....DNA inclusion is a positive step in giving strength to the accused but it certainly doesn't prove rape..like we cant tell its was consensual act or forcefull...it only proves the intercourse between the two concerned people...so with the support of other circumstantial evidences the crime can proved and the rapist be hanged till death...i would say its a positive step....Hope it is published
ET please first ask CII to quote the Quranic verse or verses where death punishment has been mentioned for Blasphamey or accusation of it. Please do not become part of mockery to twist or interpret wrongly the beautiful teachings of Islam. This law by itslef needs re-examination and not any flexibility. The only quote available is that do not degrade the holy entities of others lest the others start degrading your holy personalities.
@ ahmed its bcos of ppl like you our country will never progress
the blasphemy law has been misused very often and i open all that has been happening recently will bring about new changes. A new pakistan is required
If mr munawwar (JI) has any shame he should repent on tv and resign from politics. Enough playing politics with religion for personal power and gains.
A step in the right direction..............on a long journey.
@sumair: "blasphemy is a man made law that have no place in progressive and free society....." . All laws are manmade. Surprised?
@Ahmad Nasser: Your answers are verifiable and veritable. My full support to you. Salams
Get rid of the blasphemy law and all that will be Ok.
@PiS: CII if not today will stand against it tomorrow because among these are the one who turn and twist things in their favor..
@Toba Alu: death is the ultimate, we must learn to live like human beings that God Almighty once created on the basis of live and let live.
@Ahmed, don't speak for me when you say WE!
Lets all be open minded...for majority of Muslims, we want strict and fair blasphemy laws....it may be good for you for being open minded but we want certain limitations...this also constitutes that we as Muslims respect other religion and even if they dont mind the act we should not make fun or be disrespectful in any way.
A death sentence won't mean anything because courts avoid handing out death sentences. The sentence should be tough but something the courts would not be so hesitant in awarding.
@Ahmed If you demand respect while waving the hangman's noose, then you dont deserve any respect at all.
blasphemy is a man made law that have no place in progressive and free society. it is also not in line with true spirit of islam which says patience is virtue. but given the current scenario of pakistani regressive society it is a welcome move but imposing the death penalty is cruel , harsh and human rights violation.
Why do we need CII in the first place? There recommendations don't mean a thing to me and neither should to the courts.
Dipak@Ahmed: Sorry you feel that way, but the majority in the world agree with me because we are open minded.
@Ahmed: Do you respect Christianity and Judaism and Hinduism? Then please care to explain the usage of terms like 'chammar', 'choora' for Christians; 'bhangi', 'baniya' for Hindus and the venom filled urdu proper 'yahoodi' for Jews?
Death seems to be the solution for every problem. The clock is ticking.
@Dipak You don't but we do. Hope everyone respects each others beliefs.
brilliant news... although blasphemy law itself should be reviewed .. but its a step in the right direction... i hope we get rid of the reasons why minorities live under constant fear in Pakistan soon.
Both are positive developments. I can only hope that they don't make a U-turn on both of these decisions tomorrow.