Thursday, May 29, 2014

Blasphemy & Apostacy Law - Is It Quranic?


Related topics: Hudud (Hudood)

Sūrat l-Māidah 5:48
http://corpus.quran.com/translation.jsp?chapter=5&verse=48



















And We have revealed to you, [O Muúammad], the Book in truth, confirming that which preceded it of the Scripture and as a criterion over it. So judge between them by what Allah has revealed and do not follow their inclinations away from what has come to you of the truth. To each of you We prescribed a law and a method. Had Allah willed, He would have made you one nation [united in religion], but [He intended] to test you in what He has given you; so race to [all that is] good. To Allah is your return all together, and He will [then] inform you concerning that over which you used to differ.


Surat Al-Baqarah 2:256
http://quran.com/2/256













There shall be no compulsion in [acceptance of] the religion. The right course has become clear from the wrong. So whoever disbelieves in Taghut and believes in Allah has grasped the most trustworthy handhold with no break in it. And Allah is Hearing and Knowing.



Why Blasphemy Laws Are Actually Anti-Islamic (15 April 2014)
http://www.huffingtonpost.ca/faisal-kutty-/blasphemy-laws_b_5149380.html

"Whoever by words, either spoken or written, or by visible representation or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life, and shall also be liable to fine."
Pakistan Criminal Code Article 295 -C

In a span of less than two weeks, in two separate cases, three Christians -- a couple and an another unrelated man -- were sentenced to death and fined under this draconian provision of the Pakistani criminal Code. A paralyzed church school worker, Shafqat Masih, and his wife Shagufta, were sentenced for sending text messages against the Holy Prophet. While Sawan Masih, a road sweeper from Lahore, was condemned to death after a friend accused him of making blasphemous remarks during an argument.

Human rights activists are counting on a de facto death penalty moratorium in place since 2008 to keep them from the hangman's noose. Though Prime Minister Nawaz Sharif has attempted to lift the moratorium.

"This is a travesty of justice," said David Griffiths, Amnesty International's Deputy Asia Pacific Director, commenting on the Masih case. Indeed, both cases are not only a travesty of Justice but make a mockery of Islam.

Such cruel and unusual penalties are on the books in far too many Muslim nations. In many instances they are the legacy of colonial rule. A case in point is Pakistan, where the existing blasphemy laws date back to 1860 British laws against insulting religion to keep the peace between religions. These provisions were inherited by Pakistan in the 1947 partition. The laws were expanded and penalties made harsher under General Zia Ul Haq in his 1986 attempts to establish his piety and win support from orthodox religious parties and the masses. According to Osama Siddique and Zahra Hayat, in addition to creating procedural inadequacies, General Haq's changes to the inherited laws involved eliminating "any requirement of intent, deliberate or malicious" from various sections despite the fact that proof of intention on the part of the accused to "insult the religion of a class of persons" was a prerequisite to the application of the blasphemy sections.

Since 1987, 247 blasphemy cases have been registered, according to a 2013 report from the Center for Research and Security Studies (CRSS), an independent think tank based in Islamabad. In fact, the Human Rights Commission of Pakistan reports that 34 people were charged with blasphemy in 2013, while 27 were charged in 2012. Nineteen people are now on death row for blasphemy, while another 20 are serving life. Moreover, dozens have died as a result of riots, extra-judicial killings and mob "justice."

Based on the fact that these are being done in the name of Islam, it would not be illogical to conclude that Islam advocates extensive restrictions on free speech and imposes excessive penalties for blasphemy. A closer look at Islamic jurisprudence and blasphemy reveals a much more nuanced perspective.

There is, of course, strong precedent in the Islamic legal tradition to argue that blasphemous speech targeted at any religion should be restricted, but at the same time there is scholarly consensus around the notion that there is no criminal or worldly sanction mandated. As Intisar Rabb noted, with the exception of Hanafi jurists who expanded the Islamic doctrine of defamation to a new crime of blasphemy, most jurists from all of the other major Sunni and Shi'a schools of jurisprudence refused to classify even intentional jabs at the Prophet as criminally blasphemous. Some scholars even point out that the prophet himself did not retaliate even when subjected to direct physical and verbal attacks.

So where does the confusion arise from? It appears that many Islamic jurists conflated blasphemy and apostasy. As prominent classical and contemporary scholars such as Ibn Taymiyah, Mahmood Shaltut, Mohamed Hashim Kamali and Rabb, among others, have examined the context of the ruling on apostasy and concluded that death was only mandated even in the case of apostasy when it was combined with war against the community. Building on Ibn Taymiyah and Shaltut, Rabb concludes that "...the premodern period was an era in which citizenship was defined by religion. In the worlds of Islam and Christendom alike, to declare allegiance to another religion while continuing to reside in the land where one's original religion was dominant, was to renounce allegiance to one's co-religionists in a way tantamount to treason."

Moreover, Kamali, Chairman of the International Institute of Advanced Islamic Studies, examined the concept of fitnah, a word that appears in both the Quran and the hadith (prophetic tradition) in a variety of contexts and seemingly with various meanings, and its effect on freedom of expression. He found that the dominant meaning of fitnah in the Quran is "seditious speech that attacks a government's legitimacy and denies believers the right to practice their faith." Importantly, it is seditious fitnah in the form of political treason, through acts such as attempting to overthrow a leader that was "duly elected and confirmed through the community's pledge of allegiance (bay'ah)," that according to one hadith, can be punishable by death.

In other words, classical Islamic law interpretations stipulated death as a punishment when apostasy was combined with treason and rebellion against the state, not for blasphemy. Indeed, this later position is more in line with the Quranic message of tolerance ("there is no compulsion in religion") and freedom of conscience. The Quran further states that had God willed it He could have created all of humanity with the same beliefs. Indeed, as Kamali and others point out, the Quran, prophetic conduct/teachings and the thrust of classical Islamic jurisprudence supports "the vindication of the truth and the protection of human dignity" by guaranteeing the right to freedom of expression. Moreover, during the medieval Islamic period, proving blasphemy required meeting the high evidentiary standards of the rest of Islamic criminal law.

Rabb, for instance, also notes that:
"...the elements required to declare speech to be blasphemy ... meant dealing with an internally coherent system of laws and folded in cultural, temporal, and jurisdictional standards of propriety and treasonous intent. The implication is that, for most jurists, the blasphemy laws formulated in classical Islamic legal writings could apply only to a Muslim society of earlier times and particular places of shared moral norms according to a narrow set of justifications."

Two Pakistani officials -- Salman Taseer (the former governor of Punjab) and Shahbaz Bhatti (former Federal Minister for Minorities) - have been murdered to date for speaking out. Islamic scholars for the most part have been reticent to speak out in any resounding manner due to the potential backlash. Javed Ahmad Ghamidi, a prominent and popular Islamic scholar, who said that the blasphemy laws have no justification in Islam was forced to leave the country in 2011 for his own safety.

This lack of opposition to these outdated and out of context laws and the scapegoating of minorities and dissenters in far too many Muslim nations only sullies Islam and Muslims. It is high time that Islamic scholars internationally speak out against this travesty of Islam.

By Faizal Kutty
(Assistant Professor of Law, Valparaiso University and Adjunct Professor of Law, Osgoode Hall)


I want to add more article which is also important for us to ponder: (added on 30 May 2014)




BLASPHEMY AND APOSTASY LAWS: ISLAM OR HISLAM?


Religious blasphemy can be a touchy subject, especially in countries like Pakistan. People who oppose this oppressive law (such as Salman Taseer and Shahbaz Bhatti) are often murdered. However, what needs to be said has to be said. As George Orwell famously puts it: “In times of universal deceit, telling the truth becomes a revolutionary act.”
Every single Prophet was mocked and threatened by their people, but they never went around killing them. The Quran, as you would see, is completely against such oppressive laws . Religion is a personal matter, and one is entitled to their opinions regarding it.
Then, how did these laws find their way into “Islam?”
Fabrications. And mind you, not out of reverence, but only to protect the interests of the clergyclass. You see, these restrictive laws allow clergymen to exercise complete control over people, punishing anyone that threatens their position by declaring them as apostates. To these clergymen, religion is a business – a very lucrative one at that. Hence, to keep the competition out, and force their monopoly (Their interpretation) – they come up with such laws so that “consumers” keep buying their “product.” Business tactics!
They rule people by fear. But they can only rule those who are ignorant of the Qur’an. Not me! Why should I revere them, when the Quran very explicitly talks against them?
“O You who have chosen to be graced with belief! A great many religious leaders, rabbis, priests, monks, Mullahs, yogis, and mystics devour the wealth of people in falsehood, and bar them from the path of God.” Quran  9:34
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Right, makes sense. But then, what does the Quran actually say about these laws?
To be very frank, blasphemy and apostasy laws are a “blasphemy” to the teachings of the Quran. No no, I don’t mean that in the traditional sense! First, hear me out!
Although not mutually exclusive, I will try to categorize them.
Regarding Apostasy:
In the very second chapter of the Quran, God informs the reader that:
“There is NO COMPULSION in matters of faith. The right way is now distinct from the wrong way. Anyone who denounces false authorities and becomes at peace with God has grasped the strongest bond; one that never breaks. God is Hearer, Knower.” Quran 2:256
To support this, the Quran also pushes the reader to conclude a debate by saying:
“To you, your belief system. And to me, mine.” Quran 109:6
This verse seals the deal:“If your Lord willed, all who are on earth, would have believed (By not providing free will). Would you then, COMPEL people to become believers?” Quran  10:99
Regarding Blasphemy:
This is a statement I often hear when it comes to blasphemy: “Hold on. If someone mocks my religion, it prompts me to act violently. You see, it makes me very emotional.”
This kind of a statement only shows your ignorance of the Quran:
“When you see them engaged in vain discourse about Our verses, turn away from them unless they engage in a different subject. If Satan ever makes you forget (your mind gets engrossed in their discourse,) then as soon as you recollect, no longer sit in the company of the people who confound the truth with falsehood.” Quran 6:68
Let me get this clear. So we’re allowed to engage with them if they change the topic? That must mean we are not supposed to have enmity towards them, let alone kill them!
And, again:
Whenever they (Believers) hear vain talk of ridicule, they withdraw from it decently and say, “To us our deeds and to you yours; Peace be upon you, we do not seek to join the ignorant.” Quran 28:55
Ah, you see? Those verses are shouting freedom of expression at the top of their lungs! Islam is a very progressive path to God. Whereas, Blasphemy and Apostasy laws paint a very negative picture of Islam, deterring people away from it! What is wrong with us? Instead of standing up for Quranic values, we now stand for anti-Quranic values, and call it Islam? It’s like setting your own house on fire, for God’s sake! There is not a single verse that encourages Muslims to act violently towards those who decide to leave Islam, or even make a mockery of the Quran. After all, shouldn’t truth be able to defend itself on its own merit? What good is a belief that is forced?
 1797354_10152212434274110_634607830_n
However, it would be interesting to note the behavior of rejectors towards the Prophets:
Threats to Prophet Nooh: They said, “If you do not desist, O Noah, you will surely be of those who are stoned.” Quran 26:116
Threats to Prophet Ibrahim[His father] said:”Do you dislike my gods, O Abraham? If you cease not, I will certainly cause you to be stoned to death! Now get away from me for good!” Quran 19:46
They [Priesthood] said: “Burn him alive and uphold your gods if you are going to take any action.” Quran 21:68
Threats to Prophet Musa: [Pharaoh] said, “If you take a god/authority other than me, I will surely place you among those imprisoned.” Quran 26:29
Threats to Musa’s followers[Pharaoh] said, I will surely cut off your hands and your feet on opposite sides, and I will surely crucify you all.” Quran 26:49
Threats to other Messengers:  They said, “Indeed, we consider you a bad omen. If you do not desist, we will surely stone you, and there will surely touch you, from us, a painful punishment.” Quran 36:18
That’s very revealing, isn’t it? Puts things in perspective! Let me ask you: Were not all Prophets Blasphemers and Apostates to the prevalent religion in their times? Of course they were! By condoning these laws, however, you actually support the ill-treatment towards the Prophets. After all, you would’ve done the same!
And that’s the most ironic bit. Assuming that a messenger were to come today, these people would utter the same threats to him. You see, they are no different from the people the Prophets strived against. They, like everyone else, have fabricated their own laws in the name of God. So, when you ask them to reform, they either consider you a blasphemer or an apostate and have a fatwa issued to kill you.  That’s the scary thing about truth: it doesn’t require aggression but is always met with aggression. 
blasphemy3
Now, it’s completely up to you whether you want to rethink your stance or keep on blindly following what you have been taught: whether you want to follow Islam or Hislam. Because unlike them, sincere believers do not ever force their beliefs on anyone else.
What was that golden rule, again? “Anything that goes against the Quran should be rejected.” Yeah, often said but seldom followed, my friend.
blasphemy_protest_reuters_670
  
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Blasphemy and Apostasy Laws: Islam or Hislam?


How anti-Qur’anic rulings lead to negative misconceptions about Islam.

In January 2011, the governor of Punjab, Salman Taseer, was gunned down by one of his own security guards over a controversial move — opposing the blasphemy law in Pakistan. Although thousands of Pakistanis condemned this by attending his funeral and showing support on social media, religious fanatics hailed his murderer as a hero, recently naming a mosque after him.

As a Muslim, I stand firmly against blasphemy laws. My faith demands that I do so, for it repeatedly asks me to stand for justice and fight oppression.

The Quran shows us that even though God’s prophets were mocked and threatened, they never killed their accusers for hurting their “religious sentiments.” In fact, the Quran opposes any laws that restrain freedom of speech or would have someone killed over differences in belief. Rather, Quran 73:10 says, “Be patient over what they say, and leave them graciously.”

So how did these blasphemy and apostasy laws come to be associated with Islam?

The blasphemy and apostasy laws are found in the Hadeeth, sayings attributed to Prophet Mohammad, which were compiled two-three centuries after his death. Muslims know that no Hadeeth should contradict the Quran if they are to be accepted, given their subjective nature and reliance on the Quran for authenticity.

But early scholars intentionally overlooked this to protect the interests of clergymen and political leaders. These oppressive laws allow them to exercise complete control over people, punishing anyone who threatens their position by declaring them apostates — enemies of Islam. To so many clergymen, religion is nothing but a means to gain power and control people. To keep out competition and force their monopoly, they invent laws in the name of God so “consumers” have no choice but to keep buying their “product.” Or face persecution.

Religious leaders like Tahir-ul-Qadri, a staunch proponent of blasphemy laws, rule people by fear. Add to that the fact that the average Muslim is unaware of the Quran’s teachings, which makes them likely to believe whatever the clergy tells them about Islam. Of these leaders, the Qur’an asks us to be weary: “O You who have believed! A great many religious leaders: rabbis, priests, monks, Mullahs, yogis, and mystics devour the wealth of people in falsehood, and bar them from the path of God” (Quran 9:34).

So what exactly does the Quran say about blasphemy and apostasy?

Quite frankly, blasphemy and apostasy laws are themselves blasphemous to the teachings of the Qur’an. Not in the traditional sense, but because they violate the very instructions the scripture gives regarding freedom of belief.

Regarding apostasy, in Quran 2:256 God says, “There is no compulsion in matters of faith. The right way is now distinct from the wrong way. Anyone who denounces false authorities and becomes at peace with God has grasped the strongest bond; one that never breaks. God is Hearer, Knower.”
In a similar vein, verse 109:6 instructs adherents to end a debate by saying: “To you, your belief system. And to me, mine.”

If all that isn’t convincing enough, Quran 10:99 should seal the deal: “If your Lord willed, all who are on earth, would have believed (by not providing free will). Would you then, compel people to become believers?”

When it comes to blasphemy, I often hear some version of, “Hold on. If someone mocks my religion, it prompts me to act violently. You see, it makes me very emotional.”

But this statement only shows an ignorance of the Quran, which says in verse 6:68, “When you see them engaged in vain discourse about Our verses, turn away from them unless they engage in a different subject. If Satan ever makes you forget (i.e. your mind gets engrossed in their discourse,) then as soon as you recollect, no longer sit in the company of the people who confound the truth with falsehood.”

Here, Muslims are instructed to engage with these people if they change the topic. Certainly that means we’re not to have enmity towards them, let alone kill them!

And, again, Quran 28:55 instructs, “Whenever they (believers) hear vain talk of ridicule, they withdraw from it decently and say, ‘“To us our deeds and to you yours; Peace be upon you, we do not seek to join the ignorant.”

Those verses are practically shouting freedom of expression at the top of their lungs! Islam is a very progressive path to God, one in which differences in opinions and beliefs are accepted, not punished (Quran 39:18). On the other hand, blasphemy and apostasy laws lead to negative misconceptions about Islam being an oppressive faith.

But what are we Muslims to do? By not voicing our disapproval, we stand for these anti-Quranic laws and call them Islam. Is that not like setting your own house on fire? There is not a single verse that encourages Muslims to act violently toward those who leave Islam, or even mock the Quran. After all, shouldn’t truth be able to defend itself on its own merit? What good is a forced belief?

We can even take it a step further by noting how rejecters treated the prophets.

Of Prophet Nooh: “They said, ‘If you do not desist, O Noah, you will surely be of those who are stoned’” (Quran 26:116).

Prophet Ibrahim’s father said, ”Do you dislike my gods, O Abraham? If you cease not, I will certainly cause you to be stoned to death! Now get away from me for good” (Quran 19:46). Similarly, the priesthood said of Ibrahim, “Burn him alive and uphold your gods if you are going to take any action” (Quran 21:68).

Regarding Prophet Musa, “[Pharaoh] said, ‘If you take a god/authority other than me, I will surely place you among those imprisoned’” (Quran 26:29). To Musa’s followers, Pharaoh also said, “I will surely cut off your hands and your feet on opposite sides, and I will surely crucify you all” (Quran 26:49).”

These verses should reveal to us a different perspective: all prophets were seen as blasphemers and apostates to the prevalent religion of their time. To condone the oppressive laws of religious leaders today is to support ill treatment of the prophets. After all, you would’ve done the same!

And that’s the most ironic part. If a messenger were to come today, these clergymen and their ardent followers would utter the same threats to him. They have fabricated their own laws in the name of God, so when you ask them to reform, they either consider you a blasphemer or an apostate and have a fatwa issued to kill you.  That’s the scary thing about truth: it doesn’t warrant aggression but is always met with it.

This is not a matter of interpretation, as some would call it. The Quran condemns forced belief in numerous verses. Rather, this is a matter of giving preference to the Hadeeth over the Quran to justify bigotry and extremism in the name of Islam. Having said that, it’s up to you whether you want to rethink your stance or keep blindly following what you have been taught — whether you want to follow Islam or Hislam. Because unlike misguided religious fanatics, sincere believers never force their beliefs on others.

What’s the Golden Rule, again? “Any secondary source on Islam that goes against the Quran should be rejected.”

Often said, but seldom followed.

The opinions expressed in this piece belong to the author.
Image courtesy of Cezary Piwowarski.

About 

Ro Waseem 
Ro Waseem is a progressive Muslim who is bent on separating culture from religion. His articles have been published by The Express Tribune, The Malaysian Insider, and World Religion News. He blogs about Muslim reformation at http://quranalyzeit.wordpress.com.


Related topics: Hudud (Hudood)

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