Article 295-C (Constitution of Pakistan)

 

Laws are made for the prosperity of a nation, state or a general group of individuals. Law making is done by legislation or sometimes some precedents or customs are transitioned into statutes through legislation by legislative bodies. When laws are made keeping in view the social interests of the target society, that legislation is called healthy or legal legislation. Otherwise it would be unhealthy and illegal legislation. When a statute is formulated in a country, It should be revised according to the particular sources of law prevailing in that country. In Pakistan, when it comes to law making or the analysis of its sources, it becomes clear that for the constitution of Pakistan Quran Sunnah and hadith are the major sources of law. Laws made in this country should be according proceed and formulated in accordance with Islam. Some of the statutes in the constitution of Pakistan are somehow against true Islamic teachings thus this constitution sometimes loss its pure spirit.

       Similarly blasphemy laws in the constitution of Pakistan are quite controversial laws. Among them the most important, under discussion and well known is 295 –C. This article states “if anybody found guilty of any hate speech or absurd action against the integrity of Prophet Muhammad (pbuh) he will sentenced to death”. Surprisingly, since the addition of this article in the constitution, only one case is prosecuted under this article but unfortunately a number of misconducts have been done since last decades. These misconducts and notorious misuses in the form of extra-judicial killings and furthermore research with religious point of view made me to think about that this law should be amended as well public should be educated regarding the reality of this fact that what does law and shariah truly states about these blasphemy laws and what should be the reaction of public towards a particular culprit. So that if in future I get a chance or power to amend any law I will go for the revision of this article.

       In the last decades of Pakistan it is observed that several cases have been recorded that common people tended to murder the culprit without judiciary trials and it is an astonishing fact too that only a single case of Asia Bibi was trialed in the court under this charge. But after all due to life threats she deported to London. In her case, the facts and figures clearly show that the reality behind filing a case on her on her nothing but personal enmity and the other party covered it in the disguise of religious issue. This case led to the murder of Suleman Taseer as he tried to support Asia’s stance. This so called “TAHAFUZ E NAMOOS E RISALAT” undoubtedly has killed many innocent people. People of subcontinent region are basically religiously emotional but they are not as much extreme as they are exhibited. In fact they are misguided by the true extremists so that walking on their footsteps this public falls prey to extremism as well as these elements raise the levels of Islamophobia in the blood stream of globe.

       People do have sheer emotions and respect for their respective religions as well as their particular Prophets or Avatars. In the same manner Muslims especially of Islamic republic of Pakistan are extra devoted to these emotions as their descendants laid their lives in the name of this Islamic state. So that anything that pretends to be against Islam they tend to rectify for the sake of their religion. In the same manner keeping in view a hadith:

                           “Among you no one can be a believer until I am beloved to him more than his parents, children and anyone.”

         Quran quotes that:

                                     “O Prophet, you have more right on believers’ wealth and lives”.

These points clearly show love of prophet is how much important in Islam. But this does not mean to kill a human being without any proof of blasphemy from his side but only on the basis of allegations. This point is further cleared by the point that there was a munafiq in the era of prophet. His name was Abdullah Ibn U’bayi and he was a man who continuously did blasphemous acts in front of the prophet but our beloved prophet did lead his funeral. The reason of doing this was to clarify to ummah that sentencing someone to death is not a small penalty rather it has strong basis, rigid stances and reasons.

           Now if the fiqh is studied to get the information about the validity of this law of blasphemy we come to know that different schools of thought keep different views on the penalty of such blasphemous act. Maliki and hanbli school of thought keeps the margin of announced tobah (repentance) by the guilty, as this jurisdiction is done through qiaas on the case of murtad (converted from Islam). While ahnaaf and shafi scholars have strict point of views against blasphemer as they state to just kill the blasphemer without any type of exemption. In this regard a famous hadith is always quoted:

                         “Whoever disgraces (the dignity of) prophet, kill him”.

This hadith is actually carries weak certification and is stated za’eef by many muhaddatheen. This clearly shows that it is an open propaganda to ruin the dignity of Islam. Moreover these extra judiciary killings have nothing to do with Islam and its teachings.

           As the discussion has made it clear that why this law is to be amended now the major question arises  that how it will be done? No doubt it will be a difficult step to be taken and no doubt public reaction will be much harsh too but for the sake of integrity of Islam and our beloved country this is surely to be done. If in future I ever get power of amending this law I will surely start with public education. Public really has to be aware in this regard and they should know the difference between right and wrong. In this regard first of madrassa ulemma has to come on one page and this only can be done by state’s writ. Once these religious scholars agree on a single agenda then it will be very easy to convey truth to the common public.

As far as amendment is concerned it will not be about the removal of this article from the constitution, rather it will be the addition of the relaxation of repentance and for a chance of withdrawal of words. No doubt after all the love, dignity and grace of our beloved prophet is more than any type of external or internal pressure. We can never let anyone to use his blasphemous tactics against our prophet but human life is very precious. To protect this precious gift of god some other steps will be taken along with this amendment. Anybody found guilty in extra judiciary killing will be given strict penalties. After these steps it can be said that initially not a single individual will try to  attempt any act of blasphemy, citizens will feel themselves protected and more secured and extra judiciary killings will be depreciated.

         On a conclusive note it can be stated that laws are those rules made people for the people and to be followed by people. Law making must be done keeping in view the targeted society and for this, sociological jurists should be given chance to review the laws. In any particular state if any article is added during any dictatorship era or emergency regime, that statute should be considered for revision after the revival of democracy. This will surely become a cause of enhancement of the liability of the constitution and ultimately will lead the nation to prosperity.

May God lead us to the right path. (Ameen)