Blasphemy Laws Under The Pakistan Penal Code
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Blasphemy Laws Under The Pakistan Penal Code
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Author : Fatima Tariq
language : de
Publisher: GRIN Verlag
Release Date : 2020-02-11
Blasphemy Laws Under The Pakistan Penal Code written by Fatima Tariq and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-11 with Law categories.
Akademische Arbeit aus dem Jahr 2019 im Fachbereich Jura - Strafrecht, , Sprache: Deutsch, Abstract: The point of discussion of this paper is to have a detailed overview of blasphemy laws under the "Pakistan Penal Code". This paper will begin by discussing what blasphemy is, then it will discuss the blasphemy laws in Pakistan with the historical background. It will explain the landmark blasphemy case: Mst. Asia Bibi v The State. The critical review of the Asia Bibi Case will be given in this paper at hand. This paper will briefly discuss the flaws in sec on 295C and how it is causing injustices in society and further discusses how it is misused against minorities and discriminates against people on the basis of their religion. Furthermore, it will be discussed how blasphemy laws are causing serious threats to society, perhaps destroying the religious harmony in the society. In addition to that this paper will also discuss these laws in the light of Islam. In the end, it will give some recommendations to make this law compatible with society.
Blasphemy Laws In Pakistan
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Author : Fatima Tariq
language : en
Publisher:
Release Date : 2019-12-24
Blasphemy Laws In Pakistan written by Fatima Tariq and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-24 with categories.
On Trial The Implementation Of Pakistan S Blasphemy Laws
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Author : International Commission of Jurists (1952- )
language : en
Publisher:
Release Date : 2015
On Trial The Implementation Of Pakistan S Blasphemy Laws written by International Commission of Jurists (1952- ) and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Blasphemy categories.
"People accused of violating Pakistan's draconian 'blasphemy laws' face proceedings that are glaringly flawed, said the ICJ in a new report published today. 'Pakistan's blasphemy laws fly in the face of Pakistan's international legal obligations, including the duties to respect the rights of freedom of expression and freedom of religion and belief,' said Sam Zarifi, ICJ's Asia Director. 'But even worse, those facing accusations of blasphemy suffer through trials that are often fundamentally unfair.' In the 60-page report On Trial: the Implementation of Pakistan's Blasphemy Laws, the ICJ has documented in detail systematic and widespread fair trial violations in proceedings related to blasphemy offences in Pakistan, particularly in trial courts. Some of the problems documented in the report include: Intimidation and harassment of judges and lawyers that impede on the independence of the judiciary and the right to a defense; Demonstrable bias and prejudice against defendants by judges during the course of blasphemy proceedings and in judgments; Violations of the right to effective assistance of counsel; Rejection of bail and prolonged pre-trial detention; Incompetent investigation and prosecution that do not meet due diligence requirements under the law; The prosecution and detention of people living with mental disabilities; Inhumane conditions of detention and imprisonment, including prolonged solitary confinement. Pakistan's laws on 'offences related to religion'--sections 295-298-C of the Penal Code that are commonly known as 'blasphemy laws'--include a variety of crimes including misusing religious epithets, 'defiling' the Holy Quran, deliberately outraging religious sentiment, and using derogatory remarks in respect of the Prophet Muhammad. Sentences for these offences range from fines to long terms of imprisonment, and in the case of defamation of the Prophet Muhammad (section 295-C), a mandatory death sentence. 'Section 295 is a relic of the British colonial system that lends itself to human rights violations, including in Pakistan, India, Myanmar, and elsewhere,' Zarifi said. 'In Pakistan, General Zia-ul-Haq made additions to the laws that made them truly draconian.' Based on the analysis of over 100 judgments of the high courts and courts of first instance from 1986-2015 as well as interviews with defendants in blasphemy cases, their families, and defense counsel; judges, lawyers and police officials; and human rights activists, the report found: In 19 out of 25 cases under section 295-C (defamation of the Prophet Muhammad) studied by the ICJ, high courts have acquitted individuals convicted for blasphemy by trial courts. Glaring procedural irregularities and mala fide complaints are the grounds for acquittal on appeal in over 80 per cent of cases; Even in cases that ultimately result in acquittal, blasphemy proceedings suffer from undue delay--proceedings in trial courts can take on average three years, and appeals can take even longer, more than five years on average; Individuals accused of blasphemy under section 295-C are frequently denied bail even though they meet requirements under the law; Individuals detained pending trial or convicted for blasphemy are often kept in prolonged solitary confinement, at times, over a number of years. The report also confirms concerns recently raised by the Supreme Court of Pakistan that individuals accused of blasphemy 'suffer beyond proportion or repair', in the absence of adequate safeguards against misapplication or misuse of such blasphemy laws, the Geneva-based organization says. The ICJ has also made a number of recommendations to the Pakistani executive, legislative and judicial branches to address the defects in the framing of the blasphemy laws as well as of the shortcomings at the investigative, prosecutorial, procedural, administrative and judicial levels highlighted in the report to minimize the misuse of the blasphemy laws and ensure that those accused of blasphemy have a fair chance at defending themselves. 'It's time Pakistan and other countries got rid of these noxious laws, which continue to stifle freedom of expression and freedom of religion or belief, and instead promote extremism and intolerance,' Zarifi added."--
Ahmadi And Christian Socio Political Responses To Pakistan S Blasphemy Laws
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Author : Qaiser Julius
language : en
Publisher: Langham Publishing
Release Date : 2017-09-30
Ahmadi And Christian Socio Political Responses To Pakistan S Blasphemy Laws written by Qaiser Julius and has been published by Langham Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-30 with Religion categories.
The roots of Pakistan’s blasphemy laws can be traced back to the British colonial rule in India, but their harsher clauses were added to the Pakistan Penal Code during a wave of intense Islamization in the 1980s. Everyone in Pakistan is threatened by the misuse of these laws, even Muslims; however a disproportionate number of victims targeted by these laws have come from two minority groups, the Ahmadis and Christians. Dr Qaiser Julius focuses on how these two groups have been affected by Pakistan’s blasphemy laws, their different reactions to these laws, and more specifically, why they are responding differently despite living under the same circumstances. In this well-structured and understandable study, Julius provides a valuable tool for Christians to understand what it means to be a minority in a hostile culture. This thorough analysis presents a way forward for the Christian church in Pakistan, providing hope amidst the discrimination and persecution.
Pakistan S Blasphemy Laws
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Author : Shemeem Burney Abbas
language : en
Publisher: University of Texas Press
Release Date : 2013-07-01
Pakistan S Blasphemy Laws written by Shemeem Burney Abbas and has been published by University of Texas Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-07-01 with Law categories.
Under the guise of Islamic law, the prophet Muhammad’s Islam, and the Qur’an, states such as Pakistan, Afghanistan, Egypt, Saudi Arabia, and Bangladesh are using blasphemy laws to suppress freedom of speech. Yet the Prophet never tried or executed anyone for blasphemy, nor does the Qur’an authorize the practice. Asserting that blasphemy laws are neither Islamic nor Qur‘anic, Shemeem Burney Abbas traces the evolution of these laws from the Islamic empires that followed the death of the Prophet Muhammad to the present-day Taliban. Her pathfinding study on the shari’a and gender demonstrates that Pakistan’s blasphemy laws are the inventions of a military state that manipulates discourse in the name of Islam to exclude minorities, women, free thinkers, and even children from the rights of citizenship. Abbas herself was persecuted under Pakistan’s blasphemy laws, so she writes from both personal experience and years of scholarly study. Her analysis exposes the questionable motives behind Pakistan’s blasphemy laws, which were resurrected during General Zia-ul-Haq’s regime of 1977–1988—motives that encompassed gaining geopolitical control of the region, including Afghanistan, in order to weaken the Soviet Union. Abbas argues that these laws created a state-sponsored “infidel” ideology that now affects global security as militant groups such as the Taliban justify violence against all “infidels” who do not subscribe to their interpretation of Islam. She builds a strong case for the suspension of Pakistan’s blasphemy laws and for a return to the Prophet’s peaceful vision of social justice.
Respecting Rights
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Author : U.S. Commission on International Religious Freedom
language : en
Publisher: Government Printing Office
Release Date : 2017-08
Respecting Rights written by U.S. Commission on International Religious Freedom and has been published by Government Printing Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-08 with Education categories.
This report examines and compares the content of laws prohibiting blasphemy ("blasphemy laws") worldwide through the lens of international and human rights law principles. The laws examined in this study prohibit or criminalize the expression of opinions deemed "blasphemous," or counter to majority views or religious belief systems, and many impose serious, often criminal, penalties. Blasphemy laws are actively enforced in many states throughout the world. Many governments deem repeal not feasible or desirable and justify the prohibition and criminalization of blasphemy as necessary to promote religious harmony. This study seeks to evaluate the language and content of blasphemy laws to understand what aspects of these laws adhere to--or deviate from--international and human rights law principles. A better understanding of the laws' compliance with these principles may assist in the public policy community in developing clear, specifically-tailored recommendations for areas for reform. Related products: Explore ourFaith-Based Education resources collection Discover ourHuman Rights collection
The Evolution Of Legislation On Religious Offences
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Author : F. A. Nazir
language : en
Publisher: Langham Publishing
Release Date : 2019-03-14
The Evolution Of Legislation On Religious Offences written by F. A. Nazir and has been published by Langham Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-14 with Religion categories.
The laws and legislation in Pakistan related to religious offences are intended to protect all religious communities, but have also become a significant threat to communities of religious minorities who are vulnerable to false accusation, violent retribution outside of the judicial system, and erroneous convictions that sometimes even lead to the death penalty. What is not well known is how these laws came about; from originally being designed in Chapter XV of the Pakistan Penal Code, to safeguard all religions of British India. Dr F. A. Nazir places the discussion of offences relating to religion in the historical context of the south Asian subcontinent, the institution of penal codes in British India during the colonial period, and developments in legislation after 1947 independence and the creation of the state of Pakistan and in postcolonialism. Dr Nazir’s historical and legal analysis demonstrates how these laws affect indigenous Christian communities and other religious minorities, including Muslim groups. Nazir’s thorough and rigorous historical research brings important understanding and reflection to contemporary religious laws, religious rights and multi-faith society in Pakistan.
Sharia And The State In Pakistan
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Author : Farhat Haq
language : en
Publisher: Routledge
Release Date : 2019-05-10
Sharia And The State In Pakistan written by Farhat Haq and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-10 with Social Science categories.
This book analyses the formulation, interpretation and implementation of sharia in Pakistan and its relationship with the Pakistani state whilst addressing the complexity of sharia as a codified set of laws. Drawing on insights from Islamic studies, anthropology and legal studies to examine the interactions between ideas, institutions and political actors that have enabled blasphemy laws to become the site of continuous controversy, this book furthers the readers’ understanding of Pakistani politics and presents the transformation of sharia from a pluralistic religious precepts to a set of rigid laws. Using new materials, including government documents and Urdu language newspapers, the author contextualises the larger political debate within Pakistan and utilises a comparative and historical framework to weave descriptions of various events with discussions on sharia and blasphemy. A contribution to the growing body of literature, which explores the role of state in shaping the religion and religious politics in Muslim-majority countries, this book will be of interest to academics working on South Asian Politics, Political Islam, Sharia Law, and the relationship of Religion and the State.
Crime Punishments In Pakistan
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Author : Waqas Ajwad
language : en
Publisher:
Release Date : 2021-03-02
Crime Punishments In Pakistan written by Waqas Ajwad and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-02 with categories.
Whenever you are Visiting a Country, you should know about Laws of that Country. The local laws apply to you as a visitor and it is your responsibility to follow them.As a visitor to a foreign country, you should always respect the local laws and customs of the country you are visiting. Know about Laws so you can avoid getting into trouble, either with the law or by offending the locals.Be sensitive to local customs, traditions and practices as your behaviour may be seen as improper, hostile or even illegal.The Pakistan Penal Code is Law of Pakistan that contains 27 different offenses punishable by death, including blasphemy, rape, sexual intercourse outside of marriage, assault on the modesty of women, and smuggling of drugs. This Code draws its origin from the Indian Penal Code, after several amendments from different governments in Pakistan, the Code is now a mixture of Islamic and English law. This Code provides explanations, definition, and punishment for all type of offenses. Section 302 of the Code governs the punishment for murder.Section 376 states that if and when the act of rape is committed by two or more individuals with common intention like gang rapes the criminals should meet the fate of death or life imprisonment.Although in many countries insults or defamation of any religion such as Islam is not a crime, in Pakistan this is one of the biggest crimes one can commit. Blasphemy is deemed a crime not only under the Code but also under Islamic law.The Code address the penalty and offenses relating to religion under section 295B and C. Subsection B punishes any defamation made against the Holy Qur'an with life imprisonment. Whereas, punishment under subsection C is for any written or spoken words direct or indirect made to defile the 'sacred name of Prophet Muhammad' will be punished by death or life imprisonment.
Modernizing Pakistan S Blasphemy Law As Hate Speech
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Author : Farhan Raouf
language : en
Publisher:
Release Date : 2016
Modernizing Pakistan S Blasphemy Law As Hate Speech written by Farhan Raouf and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.