Top Islamic advisory body: CII proposed death on blasphemy law misuse

[ajpirzada]

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ISLAMABAD: Amid a snowballing controversy about the blasphemy law, The Express Tribune has learnt that the top Islamic advisory council of the country had recommended the death penalty for anybody misusing the law. It had also recommended that only the Federal Shariat Court (FSC) hear blasphemy cases.
Hardline clerics and right-wing parties are opposed to any change in the blasphemy law which rights groups say can be used to settle personal scores.
With this in mind, the Council of Islamic Ideology (CII) proposed some changes to stop the misuse of the blasphemy law. “These recommendations have been pending before parliament for the past three years,” a senior official in the CII told The Express Tribune requesting anonymity.
The recommendations were made in 2001 when Dr SM Zaman was heading the CII and two top religious scholars – Mufti-e-Azam Pakistan Maulana Muhammad Rafi Usmani and Mufti Muneeb-ur-Rehman – were also its members. Religious scholars of all schools of thought and sects were represented on the council.
“The CII’s recommendations remain valid until and unless they are rejected by parliament,” added the official.
Since the FSC is made up of five regular judges and three top religious scholars (Ulema), the CII thought it was in a better position to hear blasphemy cases to ensure the law was not abused.
The council recommended capital punishment for anybody misusing the blasphemy law. “The wrongful complainant and witnesses in a blasphemy case should be handed similar punishment as a guilty person,” it says.
Islamic jurisprudence experts say that the misuse of blasphemy law is tantamount to blasphemy and therefore a person who is guilty of misuse of this law should be punished under the same law.
However, the CII strongly opposed any amendment in the blasphemy law, particularly in Section 295-C, so far as the penalties are concerned.
According to the CII recommendations, a few procedural changes need to be made to make the FSC hear blasphemy cases, said the official.
Asked why these recommendations have not been made public, the official said, “They are confidential because the government has not tabled them in parliament for legislation.” According to the rules, CII’s recommendations are confidential until presented to the parliament.
The government had not implemented CII’s recommendations and has not cited any reason despite repeated reminders from the council to the ministries of interior, religious affairs and law. “The CII had asked the three ministries to explain the reasons as to why its recommendations on Section 295-C of the blasphemy law were not implemented,” the official said.
The CII had made these recommendations after increasing complaints from rights activists about the misuse of the blasphemy law. “We have been making recommendations to the government from time to time to make the law acceptable to all,” another unnamed CII official told The Express Tribune.
Police have charged 1,274 people with blasphemy offences during the period between 1986 and 2010. Sixty per cent of the people charged were non-Muslims. Though several accused were murdered during or before trial, no judicial execution has taken place in the country so far.
Published in The Express Tribune, January 13th, 2011.

Top Islamic advisory body: CII proposed death on blasphemy law misuse – The Express Tribune

[TaimiKhan]

Hope this is done as it will be very helpful for the victims wrongly accused and if properly implemented, the misuse would end.

And hearings should take place at just one court and its decision should be final and not contestable at high courts or supreme court, as it will save time and people won't have to spend years in jail before getting acquitted, plus the mental and physical torture as well as money used up by the people would be saved too.

[Solomon2]

Does the proposal also cover misusing threats to charge someone with blasphemy? Or can these be classed as blackmail?

[Spring Onion]

Thank you IIC.

We had been saying this on forums that anyone who labels a fake blame on someone misusing this law and who failed to prove the blame should also be given death penalty

[Zakii]

why can't we change all death penalties to Life imprisonment?

I understand the religion part and the constitution but for me death penalty is just too much for anybody

Or minimize death penalty to severe cases only and life imprisonment in 99% cases

[Jigs]

From death to more death. At least it is somewhat in the right direction. Still too extreme these religious groups need to tone it down.

[Spring Onion]

why can't we change all death penalties to Life imprisonment?

I understand the religion part and the constitution but for me death penalty is just too much for anybody

Or minimize death penalty to severe cases only and life imprisonment in 99% cases

In 100% death penalty had been commuted

anyway dont mix up things its a good step that IIC might take up these proposals as if these implemented misuse of this law will be finished almost

[Xestan]

Now this is a good step, if case proceeding takes place in a Sharia'ah court, there are least chances of any mistake.

And it's actually according to Islam now, the same penalty for the person who will wrongly accuse someone.

[ajtr]

Small step in right direction.......

[Spring Onion]

Small step in right direction.......

Its the core step not small.

If these proposals are implemented there will be NO injustice with any side.

[Ganguly]

Wrong forum. Removed the contents...

[Safriz]

create a separate section for these blasphemy discussions...

This is defence.pk which is slowly becoming blasphemy.pk

[khanz]

excellent move I fully support this ! clever way to abolish the law without actually abloshing it if you know what i mean if this is implemented this will render the current blasphemy law useless since the blashpemy law is ALWAYS misused and abused (and pakistanis KNOW IT)to settle scores or for something really petty and frivolous if this is implemented properly then nobody will use it for fear of this punishment or atleast they'll think twice before declaring blasphemy on someone good step towards the victims getting some justice .

[ajpirzada]

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create a separate section for these blasphemy discussions...

This is defence.pk which is slowly becoming blasphemy.pk

no need for this..

as per the forum policy, only those religious matters which are directly related to pakistan are discussed. blasphemy is currently the major issue iand hence cannot be taken off the debating list.