Jakarta governor likely to be spared jail if found guilty of insulting Islam

Source: The Guardian

in Jakarta

Indonesian prosecutors call for two years’ probation for Basuki Tjahaja Purnama, instead of maximum five-year prison term

Basuki Tjahaja Purnama
Basuki Tjahaja Purnama, known as Ahok, this week conceded defeat in an election for Jakarta governor. Photograph: Tatan Syuflana/AFP/Getty

Jakarta’s outgoing Christian governor could be spared jail after Indonesian prosecutors called for him to face two years’ probation for allegedly insulting Islam.

Basuki Tjahaja Purnama, better known by his nickname Ahok, faces charges under Indonesia’s blasphemy laws. But on Thursday, prosecutors held off from seeking a maximum five-year prison term, although he could be jailed for a year if he breaches probation terms.

His legal team is expected to present a defence next week, with the judges’ verdict to follow in May.

It comes after Ahok conceded defeat on Wednesday to the Muslim candidate Anies Baswedan in a runoff election for governor of Jakarta, after a divisive campaign that exposed ethnic and religious divisions.

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  1. RIGHT TO FREE SPEECH AND BLASPHEME ESSENTIAL TO ISLAM, BUT NO DUTY TO BLASPHEME
    T.O.Shanavas.
    My prayers are with families of the victims of Muslim terrorists who kill, abuse, and promote so-called Law of Blasphemy. If caricature of a prophet can disturb the respect and love of him in his followers, that prophet does not deserve my reverence.

    Unlike the terrorists’ prophet, my Prophet Muhammad (s) and the Qur’an stand tall on the side of free press by asking Muslims to ignore the insults and extend kindness and decency to mockers and in worse cases to withdraw from the source of mockery.

    The Qur’an guides me that the right to blaspheme is essential to the Islamic order, but there is no duty to blaspheme or react violently to blasphemy.

    “And verily messengers before you were mocked but in the end, the mockers were overwhelmed by the very thing they ridiculed.” [Qur’an 21:41.]

    “Indulge [people] with forgiveness, [accepting] what issues spontaneously from people’s manners [of behavior], and do not scrutinize them, and enjoin kindness, decency, and turn away from the ignorant, and do not counter their stupidity with the like.” [Qur’an 7:199]

    “You shall most certainly be tried in your possessions and in your persons; and indeed you shall hear many hurtful things from those to whom revelation was granted before your time, as well as from those who have come to ascribe divinity to other beings beside God. But if you remain patient in adversity and conscious of Him – this, behold, is something to set one’s heart upon.” [Qur’an 3:186]

    “When you see those who engage in discourse about Our signs, the Qur’ān, in mockery, turn away from them, and do not sit with them, until they discourse on some other topic…”[Qur’an 6:68]

    “And obey not (the behests) of the Unbelievers and the Hypocrites, and ignore their insults, but put thy Trust in Allah. For enough is Allah as a Disposer of affairs.” (Qur’an 33:48)

    None of the verses mentions the abridgment of free speech for non-Muslims even if it is painful, insulting, and indecent to Muslims. In fact, free speech is abridged for Muslims because they are expected to ignore any mockery and make a polite exit from the scene in Verse 6:68. So, all Muslims must promote and defend free press.

    When Prophet Muhammad (s), the Qur’an, and Muslims are insulted, an honorable response from Muslims is defined in the following verse:

    “And not equal are the good deed and the bad. Repel evil deed by that [deed] which is better; and thereupon the one whom between you and him is enmity [will become] as though he was a devoted friend.” [Qura’an 41:34]

    The Hadith reported in Sunnan Abu Dawud is guidance for Muslims who are not satisfied with the Qur’an alone.

    “Narrated Sa’id ibn al-Musayyab: While the Apostle of Allah (peace_be_upon_him) was sitting with some of his companions, a man Reviled AbuBakr and insulted him. But AbuBakr remained silent. He insulted him twice, but AbuBakr controlled himself. He insulted him thrice and AbuBakr took revenge on him. Then the Apostle of Allah (peace_be_upon_him) got up when AbuBakr took revenge. AbuBakr said: Were you angry with me, Apostle of Allah? The Apostle of Allah (peace be upon him) replied: An angel came down from Heaven and he was rejecting what he had said to you. When you took revenge, a devil came down. I was not going to sit when the devil came down.” (Sunnan Abu Dawud: Book #41, Hadith #4878).

    This Hadith is an eye-opener for Muslims who turn violent or abusive to anyone for any reason: angels are with those who are self-restraint and composed and Satan is with those Muslims who are vindictive, violent and abusive.

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