Explained: Pakistan's emotive blasphemy laws. The offences relating to religion were first codified by India's British rulers in 1860, and were expanded in 1927. The Court said "the penalty for contempt of the Holy Prophet ... is death. According to the United States Commission on International Religious Freedom (USCIRF), there are currently 80 people who are imprisoned in Pakistan for blasphemy, at least half of whom face life-sentences or the death penalty. Both had denied the charge of blasphemy. Though the majority of those accused are Muslim, as 98 percent of Pakistan’s population adheres to Islam, critics have argued that the laws disproportionately target minorities such as Christians and Hindus, who are falsely accused due to discrimination rather than guilt.

"[30][31] The FSC ruled that, if the President did not take action to amend the law before 30 April 1991, then § 295-C would stand amended by its ruling. Like those who have served a sentence for blasphemy, those who are acquitted of blasphemy usually go into hiding or leave Pakistan. Correspondents say the mere accusation of blasphemy is enough to make someone a target for hardliners, as is defending those accused of blasphemy or calling for the laws to be reformed. She was then jailed, her case was taken to court, and she was sentenced to death. Copyright ©2020. Around 40’% of people convicted under Blasphemy Laws in Pakistan were of Ahmadiyya Community. [46][47], It has been suggested that this article be.

The procedures of evidence for tazir punishments are contained in the Qanun-e-Shahadat Order 1984.[37]. Between 1980 and 1986, the military government of General Zia-ul-Haq further strengthened the laws, adding five new clauses, all specific to Islam and criminalising offences such as defiling the Holy Quran, insulting Islam’s Prophet or using “derogatory” language against certain religious figures. Blasphemie-Gesetz - Blasphemy law. Bibi’s innocence was upheld by the Supreme Court in January 2019, allowing her to leave Pakistan. The issue is that the law does not require proof of intent on part of the accused, while the oral testimony of only a few prosecution witnesses is deemed admissible for the conviction of the accused, resulting in the death penalty. When Punjab Governor Salman Taseer - a prominent critic of the law - was assassinated by his bodyguard in 2011, Pakistan was divided, with some hailing his killer as a hero. Pakistan's support of blasphemy laws has caused it to be active in the international arena in promoting global limitations on freedom of religion or belief and limitations on freedom of expression. Pervaiz said he later quit working at the factory but was confronted by Khokher, who continued to push for his conversion. [12][13][14], In 2020, the European Foundation for South Asian Studies (EFSAS) in a report entitled, Guilty until proven innocent: The sacrilegious nature of blasphemy laws Pakistan, recommended wide-ranging changes to Pakistan's laws and legal systems. When religious identity and authenticity is tied to the authority of the state, “blasphemy” becomes a site for political contestation.

Thus, mens rea was an important aspect of such crimes. Joseph led prayers for Masih and walked protesters to the doors of the court.

In October 1990, the FSC ruled that § 295-C was repugnant to Islam by permitting life imprisonment as an alternative to a death sentence. The EurAsian Times. Many people support the blasphemy law, which was implemented by the military dictator General Zia-ul-Haq, and is considered direct adaption from the Koran. He said he had advised Pakistan's Ministry of Law and Justice to suggest penalties for misuse of this law. (See below Sharia. Several more clauses were added to these laws in the 1980s by Pakistan’s then president, Zia ul-Haq. However, statutory rights are available to individuals who have been denied bail if their trials or appeals have not been heard within a year. Where proof of intention is not required to prove blasphemy, it would be fair and reasonable to require accusers to provide substantial rather than circumstantial evidence against alleged blasphemers. Islamabad, Pakistan - Bishop John Joseph, 65, one of Pakistan’s most prominent human rights activists, had been campaigning for decades to reform the country's strict blasphemy laws. “Electoral success is ultimately a secondary goal for these religious movements,” says Khan.

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