Mumtaz Qadri, blasphemy laws & liberal seculars of Pakistan (Eng)

November 4, 2018 | Author: BTghazwa | Category: Blasphemy, Sharia, Ulama, Crime & Justice, Justice
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Zaid Hamid give a detailed analysis and view of the blasphemy laws, assassination of Salman Taseer and execution of Mumt...

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Mumtaz Qadri, Blasphemy Law & Liberal Secular Begherats Our View in the light of Quran & Sunnah

Syed Zaid Zaman Hamid Almost 1 million people have subscribed to this Facebook page. These individuals come from all backgrounds and multiple schools of thoughts. While many of these subscribers are extremely smart individuals, some are ignorant beyond the shadow of a doubt; there are many a friend and many a foe and there is also a significant majority of the Scholars of Truth equated by the same number number of intellectu intellectual al hypocrit hypocrites. es. In sensitive and socially perceptive matters of Deen, The Sharia provides us with a fundamental baseline: “Debate by the ignorant is forbidden, Arguments by Ulema unadvised.” The wise and  judicious Aulia Allah's, with an inner sight and far reaching understanding of human nature have always recommended that there are some delicate matters that should only be discussed in the gatherings of a few subject specialists. When matters of this sensitive a nature are discussed in frontof frontof crow crowds ds of emotio emotion, n, they they only only lead lead to mass mass confu confusio sion n andtotal andtotal chaos. chaos. Today oday,, Pakis Pakista tan n seems seems to be hijac hijacke ked d by yet yet anothe anotherr massi massive ve debat debate. e. It is runnin running g on all levels levels of the society and concerns Mumtaz Qadri, Sacrilege of justice and the Passionate opinions of the least inform informed ed people people in matt matter erss of both both Pakis Pakista tani ni Law, Law, as well well as the Sharia Sharia.. In one of the most most sensit sensitive ive debat debates es to have have happen happened ed in the cours course e of the last last few few year years, s, the matt matter er of 'Blasp 'Blasphem hemy y again against st our Belo Belove ved d Prop Prophe hett ' is also also of prim prime e conc concer ern. n. The The Holy Holy Qura Quran, n, teac teache hess us the the ultim ultimat ate e reve revere renc nce e of  our our Belo Belove ved d  bystatin bystating: g: “O you you who who have have belie believe ved, d, do not not rais raise e your your voic voices es abov above e the the voic voice e of the the Prophet or be loud to him in speech like the loudness of some of you to others, lest your deeds become become worthlesswhile worthlesswhile you you perceive perceive not” [Al-Quran [Al-Quran;; 49:2] Ther Theref efor ore, e, as I have have ment mention ioned ed befo before re,, to deba debate te on such such a sens sensit itiv ive e subj subjec ectt invo involv lvin ing g the the este esteem em of our our Belo Belove ved d Prop Prophe hett  in fron frontt of thou thousa sand ndss of peop people le does does not not only only come come unde underr the the boun bounda dary ry of disrespect itself, itself, but is also a deliberate deliberate invitation invitation to anyone anyone and everyone everyone with an intellect the size of a single chick pea to showcase their in depth knowledge of the subject and put the naive popu popula lati tion on to sham shame. e. It is only only for for this this reas reason on that that I am avoi avoidi ding ng havin having g a publ public ic delib deliber erat atio ion n on an issue of this sensitive a nature. This matter should specifically be resolved within the Aulia Allah's and the Ulema's of Deen. Pakistan Pakistan today, today, is already in a state of war. war. The entire nation is jammed betwee between n a polit politica icall and and econo economic mic disas disaster ter.. At such such a time, time, to mak make an issue issue of this this sensit sensitive ive subjec subjectt

and an open house debate inviting the general population, completely unfamiliar with blasphemy laws laws andSharia andSharia jurisp jurisprud rudenc ence e will will only only be addingto addingto themayhem themayhem.. In Pakista Pakistan, n, there has alway alwayss been a lobby of secularis secularists, ts, hell bent on erasing erasing religion religion in all forms forms of  our our gove govern rnan ance ce and and soci social al life life.. I have have alwa always ys been been at war war with with thes these e peop people. le. But But on the the othe otherr hand hand,, there is a concerning rise in religious extremism, sectarianism and the menace of Khawarij is complet completely ely uprootin uprooting g our value value system system from the ground ground level. level. Pakist Pakistan an is caught caught betwee between n the devil and the deep blue sea, and in such a volatile environment; the infinite wisdom and justice of our Shari Shariah ah andSunnah andSunnah seem seem to have have been been comple complete tely ly forg forgott otten.Our en.Our Belove Beloved d Proph Prophet et  hadwarned hadwarned us of such a time, where the evils will commence from the Ulemas and end up returning to become a part part of them. them. The The fateof fateof Mumt Mumtaz az Qadr Qadrii is now now in the the hand handss of Alla Allah. h. If whathe whathe did did was in acco accord rdan ance ce with with Shar Sharia iah, h, then then quite quite definit definitely ely,, he would would bear bear its fruits fruits from from Allah. Allah. If his actio actions ns were were confli conflicti cting ng with with Sharia Shariah, h, then he has already served his punishment in this world. Those are also the rules of Shariah; that stres stresss that that when when a man man is punish punished ed acco accord rding ing to the penal penal code code of Islam Islam,, Allah' Allah'ss Rahm Rahmat at supers supersede edess all decisions in the afterlife. Therefore, in the matter of Mumtaz Qadri, I believe Allah to be the ultimate judge and have refrained refrained from sharing my personal opinions. I do not doubt his intentions buttheactionshavetoseeninthelightofQuranandSunnah. On the other hand is Salman Taseer's case. He too was killed. Was his killing also within the fram framewo ework rk provi provided ded by Shari Sharia? a? That That is a debat debate e the Ulema Ulemass must must take take up.I have have no sympa sympath thy y for for the liberal secular class of the country who are not just immoral but also intellectually corrupt, and no doubt Salman Taseer was one of them. But the only question that I ask the scholars is wether his murder fulfilled the strict criteria given in Quran and Sunnah. Our bias or hatred for a community must must not comp compel el us to viola violate te theclear injunc injunctio tions ns of Quran Quran andSunnah. andSunnah. ********** It is without a doubt that our deen ascribes an extremely strict punishment for Blasphemy. Blasphemy. But it is also also withou withoutt a shadowof shadowof doubt doubt that that our deen deen demand demandss even even strict stricter er condit condition ionss to be fulfil fulfilled led befor before e enfor enforcin cing g any any punish punishmen mentt for for this this offe offence nce.. The bigger bigger the crime, crime, the higher higher the condit condition ionss that that must must be met before the sentencing is carried out; and in the absence of these conditions being met, the rules rules of Quran Quran and Sunnah Sunnah cont continu inue e to be dishon dishonore ored. d. The inten intentio tion n of the one utter uttering ing quest question ionab able le rema remark rks, s, his expla explanat nation ion for for his rema remark rks, s, his opport opportuni unity ty at public publicall ally y apolog apologizin izing, g, the credibility of witnesses all contribute towards ensuring the conditions of justice are met before kill killing ing of anyo anyone ne is carr carried ied out. out. A matt matter er of this this natu nature re must must ther theref efor ore, e, only only be deal dealtt with with in the the ligh lightt of Quran and Sunnah and presided over by individuals in an Islamic Court well versed in matters of  Fiqh and Sharia Sharia jurisprud jurisprudence. ence. Now Now let us also also shed shed some some light light on this this Blasp Blasphem hemy y lawthat wehave in Pakis Pakista tan. n. The Blasphemy law in Pakistan was written by a group of lawyers in 1985. It was written in English and its implementation was to be carried out in accordance accordance to the British Law being practiced. The

purpose purpose of this law was to deter deter any possible possible attack attack on the the reverence reverence of our Prophet Prophet , but the lawyers who ended up scripting it, did so after brushing all laws of Shariah and Sunnah under the carpe carpet. t. Becau Because se most most of our Ulema Ulemass lack lack Basic Basic Engli English sh langua language ge profi proficie ciency ncy,, none none of them them were were able able to recog recogniz nize e the un-Isl un-Islam amic ic clause clausess comple complete tely ly in violat violationwith ionwith rules rules of theShariah. theShariah. You can imagine this just by the first condition of the Blasphemy law, that states that NO case regi regist ster ered ed as Blas Blasph phem emy y can can ever ever be sent sent to the the Shar Sharia iah h Cour Courtt to be trie tried! d! Inna Inna Lilla Lillah h Wa Inna Inna Elai Elaihe he Rajiyoon. According According to this law, if anyone anyone falsely accuses another individual for committing blasphemy, blasphemy, then even even in the case case of a fabri fabrica cated ted accusa accusatio tion, n, the accuse accuserr cann cannot ot be held held liable liable or puni punisha shable ble!! On the contrary, Shariah Law makes it mandatory to carry a lashing punishment against any individual throwingaround throwingaroundfals false e accusati accusations ons on the matter matter.. This This law also also comp complet letely ely ignor ignores es any any room room for for repent repentan ance ce in case case an act of blasph blasphem emy y is commit committed ted,, where whereas as in Sharia Shariah h Law Law it is not only only manda mandato tory ry to provi provide de theaccused theaccused with with a chanceto chanceto expla explain in their their stance, but shariah law also gives them the opportunity to repent for it. It is only if the accused rema remainsadam insadaman antt notto repen repentt for for hiscrimethat thepunishm thepunishmen entt is allow allowed ed to be carrie carried d out. out. This present law also provides every single individual in the state with the right to file a blasphemy case case again against st anothe anotherr individ individual ual.. From From 191 1918 8 till till 198 1986 6 there there were were only only 14 regis register tered ed cases cases of  Blasphemy in India and Pakistan combined, however since the enforcement of this amendment in the the blas blasph phem emy y law law, in just just a matt matter er of ten ten year years, s, Paki Pakist stan an saw saw over over five five and and a half half thou thousa sand nd case casess of  blasphemy blasphemy registered in its courts! A majority of the accused in these cases were Muslims, and the most most comm common on reason reasonss for for their their being being accuse accused d were were secta sectaria rian n diffe differe rence nces, s, person personal al animo animosit sities ies and and economic gains. There have also been cases where one maulvi has been found to have registered overa over a hundred hundred blasphem blasphemy y cases cases single single handedly! handedly! I would ask the venerable scholars: are the clauses written in this law in accordance with the princi principle pless of Islam Islam and Shari Shariah? ah? And And up till till now now, why why have have the schola scholars rs rema remaine ined d silent silent on this this issue? issue? Has Has any any schola scholarr ever ever highli highlight ghted ed to you you that that the Blasph Blasphem emy y Lawwrittenby Lawwrittenby a few few lawyer lawyerss is by itself itself in confl conflict ict with Qur'a Qur'an n and Sunnah Sunnah?? ?? The The lawye lawyers rs that formu formulat lated ed this this law, law, toyed toyed with with the sentim sentimen ents ts of Musl Muslim imss and and inco incorp rpor orat ated ed with within in it such such clau clause sess that that not not only only oppo oppose se Qur' Qur'an an and and Sunn Sunnah ah but but are are in factBlasphemy factBlasphemy itself! itself! Thus Thus a new new, orga organi nize zed d and and offi offici cial al mean meanss to fuel fuel the the sect sectar aria ian n war war, usin using g the the bles blesse sed d name name of Syya Syyadi di RusulAllah and exploiting that passionate love to justify justify tyranny tyranny over the masses masses was was invented. invented. Can Can a Musli Muslim m ever ever be cont conten entt with with havi having ng such such delic delicat ate e and and sens sensit itiv ive e case casess pert pertai aini ning ng to the the Hono Honorr of RusulA RusulAlla llah h in thehands thehands of corrup corruptt Pakis Pakista tani ni Polic Police e and and Relig Religiou iouslyAloof slyAloof Judici Judiciary ary? ? What What shoul should d have have happe happened ned instea instead d was was that that all the cases cases relat relating ing to Blasph Blasphem emy y be sent sent to Feder Federal al Shari Shariah ah Court.Furth Court.Furtherm ermor ore, e, prior prior to the regis registry try of each each case, case, the Stat State e should should revie review w it accor accordin ding g to the standards of the Shariah and only the State should have the final authority to file. And in the event of a false false accusation or slander being proven, proven, then the blamer would would be sentenced for FalseFalse-

Accus Accusat ationin ionin acco accord rdanc ance e with with theShariah theShariah by either either lashesor lashesor death death penal penalty ty acco accord rding ing to theseverity theseverity of the consequen consequences ces resulting resultingfromthat fromthat false false accusati accusation. on. No doub doubtt all all the the laws laws in Pakis akista tan n are are misu misuse sed, d, but but when when the the bles blesse sed d name name of Rasu RasulA lAlla llah h is used used to falsely sentence an individual, then such an act becomes brazen injustice! Just as murder is a great crime,but crime,but commit committin ting g murd murder er withinthe withinthe gate gatess of Ka'ab Ka'abah ah Share Shareef ef is heinou heinous… s… We would advise the judiciary and clergy of Pakistan to raise their voices that all the cases of  Blasph Blasphem emy y be heard heard solely solely and exclu exclusiv sively ely within within Sharia Shariah h Courts Courts,, cases cases get get regist register ered ed exclu exclusiv sively ely by the State, the entire stance of the accused be documented, explanation of the accused and their repent repentance ance be recogniz recognized, ed, one who slanders slanders agains againstt anyone anyone be charged charged with False-Ac False-Accusa cusation; tion; only then then can can this this chao chaoss that that is being being flare flared d up in this this coun countr try y be coun counte tera ract cted ed.. Even ven toda today y, thou thousa sand ndss of  people are imprisoned in jails for years because of these cases, which in reality are not due to blasphemy but only to spread sectarian and religious strife. We would want that all the cases curre current ntly ly prese present nt in the wester western n syst system em of judici judiciary ary be urgen urgently tly trans transfe ferr rred ed into into Sharia Shariah h Courts Courts and unless all the criteria defined by the Shariah of Quran and Sunnah are not met, no individual be sentence sentenced d witha with a punishmen punishment. t. If the State and the Scholars do not act upon this then the frustration and rage of the masses will manif manifestitsel estitselff on the stree streets ts just just as we seein thecase of Salma Salman n Taseer aseer.. This Blasphemy Law has been written by lawyers. To identify a mistake within this document is neithe neitherr blasph blasphem emy y nor rebel rebellio lion n again against st religi religion, on, but this this task task can can only only be condu conduct cted ed by a Passi Passiona onate te Aashiq-e-Rasul . If any any shameless shameless liberal liberal secular, secular, who, who, from the very get go wants to abolish this law, law, attempts this, then it would be negatively perceived and they will have to face the agitation of  the entire entire nation. nation. May May Allah Allah (subha (subhanaw nawat ata'a a'ala) la) streng strengthe then n and assist assist Pakis Pakista tan, n, keep Umma Ummatt e Rusul Rusul safe safe,, invig invigor orat ate e True Schol Scholar arss to mak make a solid solid stand stand for for Truth ruth despit despite e fierce fierce opposi oppositio tion, n, and may may Allah Allah (Jalla (Jallajal jalalu aluhu) hu) keep Pakis Pakista tan n guard guarded ed from from the menac menace e of Khwari Khwarijj andthe mischi mischief ef of secta sectaria rian n Mulla Mullahs! hs!

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