On Trial The Implementation Of Pakistan S Blasphemy Laws
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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."--
On Trial
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Author :
language : en
Publisher:
Release Date : 2015
On Trial written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
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.
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.
Blasphemy Laws In Pakistan
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Author :
language : en
Publisher:
Release Date : 2013
Blasphemy Laws In Pakistan written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Blasphemy categories.
Freedom Of Expression In Islam
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Author :
language : en
Publisher:
Release Date : 2021
Freedom Of Expression In Islam written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021 with Apostasy (Islamic law) categories.
"In Muslim countries, apostasy and blasphemy laws are defended on the grounds that they are based on Islamic Shari'a and intended to protect religion. But blasphemy and apostasy laws can be used both to suppress thought and debate and to harass religious minorities, both inside and outside Islam. This book ? comprising contributions from Muslim scholars, experts and activists - critically and constructively engages with the theological, historical and legal reasoning behind the most restrictive state laws around the world to open up new ways of thinking. The book focuses on the struggle within Muslim societies in Iran, Egypt, Pakistan and Indonesia where blasphemy and apostasy laws serve powerful groups to silence dissent and stifle critical thought. The first part of the book covers the development of the law in shifting historical circumstances and surveys the interpretations of Qur'anic verses that seem to affirm freedom of religion. The second part examines the present politics and practices of prosecuting alleged blasphemers and/or apostates in Muslim countries. The third part looks to the future and where reforms of the law could be possible. Debates on Islam and freedom of expression are often cast in polarizing terms of rights versus religion, East versus West. This volume avoids such approaches by bringing together a diverse group of Muslim scholars and activists with the knowledge, commitment and courage to contest repressive interpretations of religion and provide a resource for reclaiming the human rights to freedom of expression and belief."--
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
Hidden Histories Of Pakistan
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Author : Sarah Fatima Waheed
language : en
Publisher: Cambridge University Press
Release Date : 2022-01-20
Hidden Histories Of Pakistan written by Sarah Fatima Waheed and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-20 with History categories.
Examines the role of progressive Muslim intellectuals in the Pakistan movement through the lens of censorship.
Blasphemy
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Author : Asia Bibi
language : en
Publisher: Hachette UK
Release Date : 2012-10-04
Blasphemy written by Asia Bibi and has been published by Hachette UK this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-04 with Biography & Autobiography categories.
Punjab, Pakistan, June 2009. The temperature is 45° and Asia has been out picking fruit for several hours. It's exhausting, sweaty work, but Asia and her husband have five children to feed. At midday she goes to the nearest well, picks up a cup and takes a long drink of cool water. She refills the cup, drinks some more and then offers it to another woman. Suddenly one of her fellow workers cries out that the water belongs to the Muslim women and that with her actions, Asia - who is Christian - has contaminated it. An argument ignites and in an instant, with one word, Asia's fate is sealed. 'Blasphemy!' someone shouts. In Pakistan this is a charge punishable by death. First attacked by a mob, Asia was soon after thrown into prison and then sentenced to be hanged. Since then she has been kept in a windowless cell. Her family have had to flee their village, under threat from vengeful extremists. In the wave of accusation that followed, only two public figures came to Asia's defence: the Muslim governor of the Punjab and Pakistan's Christian Minister for Minorities. Both have since been brutally murdered. Here, in equal measures shocking and inspiring, Asia Bibi, who has become a symbol for everyone concerned with ending the violence committed in the name of religion, bravely speaks to us from her prison cell.