Signs of flexibility: False accusers of blasphemy may face death
CII members take U-turn on admissibility of DNA evidence in rape cases.
“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
ISLAMABAD:
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.
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.