Source: Daily Times
By Yasser Latif Hamdani
The blasphemy law, as enacted in Pakistan in 1986, militates first and foremost against the Islamic principles of justice and here is why: if it is conceived as an Islamic law, is it subject to hadd?
Five years ago today, Salmaan Taseer, the owner and proprietor of this newspaper, the sitting governor of Punjab and perhaps the most courageous man in Pakistan, was martyred for criticising the blasphemy law. It has taken our legal system five years to finally decide the fate of his assassin. In doing so, the Supreme Court (SC) very succinctly laid down that criticising the blasphemy law, which is a man-made law and not the word of God, is not equivalent to blasphemy. It is also laid down that even if blasphemy is committed, no one has the right to take the law into his/her own hands. This is a welcome development because it promises to undo a historic injustice that has been committed in the name of religion.
The second casualty of the events of January 4, 2011 was the healthy debate that had started on the issue. The assassination of Salmaan Taseer silenced that debate. However, that debate needs to happen in this country for sanity to prevail. The blasphemy law, and Section 295-C of the Pakistan Penal Code (PPC) in particular, must be examined to determine whether it is consistent with the principles of natural justice and the requirements of the rule of law. Another thing that must be determined is whether the said law fulfills the requirements laid down by Islam. This determination is important because the argument martialed in its favour is almost always that it is not just a man-made law but the divine will of God.