Origins of Pakistan’s Blasphemy Law
The sections within Part XV of Pakistan’s Penal Code (PPC), Of Offences Relating to Religion, known as the blasphemy law, have been codified since the inception of the nation. The sections in the PPC have their origin in pre-partition India, where the law applied to every religion with a far less harsh consequence, two years in prison with possibility of bail.
The law was amended under General Zia ul Haq’s government. The amendments were part of the dictator’s broader aim during his tenure from 1977 to 1988 to Islamicize Pakistani society. Additions to PPC under this section criminalized the acts of making derogatory remarks against the Prophet, derogatory remarks against holy passages and defilement of mosques. The most controversial change, however, was not made until after ul Haq’s death.
Since then, section 295-C reads:
Use of derogatory remarks, etc., in respect of the Holy Prophet:
Whoever by words, either spoken or written, or by visible representation or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life, and shall also be liable to fine.
The punishment of death prescribed in section 295-C distinguishes this particular offence from the rest. This amendment was introduced in 1990 by the Federal Shariat Court (FSC). The FSC was created in 1980 under the guidance of General Zia ul Haq. The organization’s function is to examine legislation to determine whether or not it is consistent with what the FSC considers Islamic law. The creation of the FSC was just one piece of ul Haq’s institutionalization of his personal brand of Islam.
Despite opposition to ul Haq's regime by many groups, including the 11-party coalition, Movement for Restoration of Democracy (MRD), ul Haq managed to maintain power for over a decade. MRD included many of Pakistan’s future leaders including Salman Taseer and Benazir Bhutto – who despite obtaining positions of power and publicly opposing the blasphemy law, were unable to change it.
Democracy was restored for just over a decade after ul Haq died mysteriously in 1988, but his legislative legacy remains intact. Ultimately this legacy undermines minorities, encourages extremism and has exposed the deep divides in Pakistani society.
The sections within Part XV of Pakistan’s Penal Code (PPC), Of Offences Relating to Religion, known as the blasphemy law, have been codified since the inception of the nation. The sections in the PPC have their origin in pre-partition India, where the law applied to every religion with a far less harsh consequence, two years in prison with possibility of bail.
The law was amended under General Zia ul Haq’s government. The amendments were part of the dictator’s broader aim during his tenure from 1977 to 1988 to Islamicize Pakistani society. Additions to PPC under this section criminalized the acts of making derogatory remarks against the Prophet, derogatory remarks against holy passages and defilement of mosques. The most controversial change, however, was not made until after ul Haq’s death.
Since then, section 295-C reads:
Use of derogatory remarks, etc., in respect of the Holy Prophet:
Whoever by words, either spoken or written, or by visible representation or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life, and shall also be liable to fine.
The punishment of death prescribed in section 295-C distinguishes this particular offence from the rest. This amendment was introduced in 1990 by the Federal Shariat Court (FSC). The FSC was created in 1980 under the guidance of General Zia ul Haq. The organization’s function is to examine legislation to determine whether or not it is consistent with what the FSC considers Islamic law. The creation of the FSC was just one piece of ul Haq’s institutionalization of his personal brand of Islam.
Despite opposition to ul Haq's regime by many groups, including the 11-party coalition, Movement for Restoration of Democracy (MRD), ul Haq managed to maintain power for over a decade. MRD included many of Pakistan’s future leaders including Salman Taseer and Benazir Bhutto – who despite obtaining positions of power and publicly opposing the blasphemy law, were unable to change it.
Democracy was restored for just over a decade after ul Haq died mysteriously in 1988, but his legislative legacy remains intact. Ultimately this legacy undermines minorities, encourages extremism and has exposed the deep divides in Pakistani society.
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