Posts Tagged ‘ Hudood Ordinances ’

Is Pakistan’s Hard Line on Blasphemy Softening?

By William Dalrymple for The Guardian

It is rare these days to read any good news coming out of Pakistan. It is rarer still to read good news concerning matters of religion. However, in one week two stories seem to show that Pakistan is for once bringing the force of law to bear on those who abuse religion to provoke violence against minorities.

Last Sunday Mohammed Khalid Chisti, the mullah who had accused a 14-year-old Christian girl, Rimsha Masih, of blasphemy, was himself arrested and charged with the same law. The turnaround took place after the muezzin of his mosque gave evidence that he had framed the girl and falsified evidence. More remarkable still, the far-from- moderate All Pakistan Ulema Council came to Rimsha’s defence, calling her “a daughter of the nation” and denouncing Chisthi: “Our heads are bowed with shame for what he did.”

On Tuesday an even more unexpected event took place. Malik Ishaq, the leader of the banned Sunni terrorist group Lashkar–e-Jhangvi, which is accused of killing hundreds of Shias, was arrested on his return from a fund-raising trip to Saudi Arabia. Lashkar operates quite openly in Lahore despite being officially banned; yet on this occasion Ishaq was immediately brought to court. There he was accused of involvement in more than 40 cases in which 70 people have been killed. He now resides in Kot Lakhpat jail on 14-day judicial remand.

When Pakistan was created in 1947 as a homeland for Indian Muslims, its clean-shaven, tweed-jacketed, spats-wearing and pork-eating founder, Muhammad Ali Jinnah, made sure the constitution of his new country provided the right for all its citizens to profess, practise and propagate their religion: “You may belong to any religion, caste or creed,” he said in his first address to the constituent assembly of Pakistan on August 11 1947. “That has nothing to do with the business of the state. In due course of time Hindus will cease to be Hindus and Muslims will cease to be Muslims – not in a religious sense, for that is the personal faith of an individual – but in the political sense as citizens of one state.”

It was Zulfikar Ali Bhutto who started the rot. In 1974 he bowed to pressure from the religious right and had the country’s small Ahmedi minority declared non-Muslim. The situation became worse still in the 1980s with the military coup of General Zia. Zia was responsible for initiating the fatal alliance between the conservative military and the equally reactionary mullahs that led to the use of Islamic radicals as part of state policy. At the same time Zia started tinkering with the law. He introduced the Islamic punishment of amputation for theft, and established the Hudood ordinances of sharia law, which asserted that the evidence of one man was equal to that of two women, and made any sex outside marriage a punishable offence for women. Rape was to be punished with the public flogging of the female victim as well as the perpetrator.

Between 1982 and 1986 Zia introduced radical changes to Pakistan’s blasphemy laws – the notorious sections 295 B and C of the penal code – prescribing life imprisonment for anyone who defiles a copy of the Qur’an and death for insulting or criticising the prophet Muhammad. Because there is no strict definition of blasphemy, and virtually no evidence above the word of the accuser is needed to bring a guilty verdict, the laws have often been exploited by individuals with grudges against innocent non-Muslims. In 1988 Bishop John Joseph of Faisalabad publicly committed suicide to protest against the laws; and although no one has yet been executed under the statutes, an estimated 1,200 to 4,000 blasphemy cases have been filed. The number of cases has multiplied in recent years, and the result is often prison sentences of three years or more.

Christians are widely derided in Pakistan; most are descended from “untouchable” converts who still perform the most menial tasks: cleaning the sewers and sweeping the streets. There has been a steady stream of attacks on the community, most bloodily in the murder of 16 Christians at a church in Bahawalpur in 2001. But it is not just Christians who have suffered. Hysteria about blasphemy has also been used to target Hindus, Sikhs, Ahmadis and Shias. In addition to formal convictions, there were at least 34 extrajudicial killings of people accused of blasphemy between 1990 and 2010. Of those, 15 were Muslim, 16 Christians, two Ahmadis and a Hindu. Indeed it is the Shias, not the Christians, who have suffered the brunt of the violence meted out by Lashkar–e-Jhangvi.

The high-water mark for religious intolerance in Pakistan was reached last year when the former governor of the Punjab, Salman Taseer, and the only Christian minister in the government, Shahbaz Bhatti, were both shot dead for suggesting that the blasphemy laws should be reviewed. Last week’s turnaround seems to represent a dawning realisation that things had gone too far – that a descent into mob violence was imminent. “There has been some genuine remorse on the right,” Pakistan’s leading human rights lawyer Asma Jahangir told me. “They realised a line had been crossed.”

This is certainly good news, but it is only a beginning. Rishma remains in custody and Malik Ishaq has yet to be convicted. “I am not optimistic that the laws will be repealed,” says Jahangir. “In fact, you cannot even discuss it.” While politicians such as Imran Khan have bravely called Rishma’s arrest “shameful … against the very spirit of Islam”, neither he nor any other major political figure has called for an outright repeal of the blasphemy laws. Nor, given the fate of Salman Taseer, are they likely to any time soon.

And as long as the laws remain on the statute books, cases like these will continue to occur, and major injustices will continue to be perpetrated on all of Pakistan’s religious minorities.