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Blasphemy

Younus Shaikh April 13, 2004

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#1 Posted by kaurasach on April 13, 2004 8:01:32 am
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#2 Posted by Inquirer on April 13, 2004 8:01:32 am
Great article!

It is about time a spade is called a spade!!

Let us hope that this would lead to a crystal clear recognition of MULLAH-TERRORISTS!!!

So that a learer thinking can emerge for appropriate corrective action planning.
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#3 Posted by anjaan on April 13, 2004 8:01:33 am
``My accusers, the two Mullahs and the Islamist students had lied under oath.

murder by Islamic fundamentalist inmates in jail for murder and gang rape, and by some religiously-minded prison warders

``crush the heads of those who think and talk like that``.


Dil Dil PakSATAN, Jaan Jann PakSATAN!
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#4 Posted by Saminasha on April 13, 2004 8:04:47 am
Sobering.

What groups in Pakistan work in these issues? If anyone knows of the names of these orgs, please post them here so that Pak-Ams can send letters to the appropriate officials in a unified manner.
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#5 Posted by temporal on April 13, 2004 8:08:59 am
Dr. Shaikh:

now that you have escaped the clutches of misplaced fervour and unmitigated zeal i hope you will continue this fight against decadent and draconian ``laws`` imposed illegally to further their devious agenda...

abuse of blasphemy and hudood laws are a matter of shame for every silent muslim




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#6 Posted by ferozk on April 13, 2004 8:30:55 am
Agreed! Muslims are indeed the worst victims of the blasphemy laws.

Ciao
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#7 Posted by arjun_m on April 13, 2004 8:32:24 am
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#8 Posted by ballukhan on April 13, 2004 8:32:24 am
Sick people. Need to get their heads examined for enacting these laws.
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#9 Posted by solitude on April 13, 2004 8:32:24 am
``abuse of blasphemy and hudood laws are a matter of shame for every silent muslim `` #5 by temporal on April 13, 2004 8:08am PT

Temporal you can do something about it - start a group! or if you are in NY area visit our soirees and if you like us join us !
http://groups.yahoo.com/group/Secularize_Pakistan/

If you don`t like my personal opinions then do it yourself but please do something about it.

Contact your friends, tell them about this and sign the petition requesting abrogation of the blasphemy law! and then when you have it signed CC it to Secularize_Pakistan@yahoogroups.com OR send it directly to President Pervez Musharraf
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#10 Posted by solitude on April 13, 2004 8:32:25 am
I am posting this petition here. Copy and Paste it and send it to your friends.

START OF EMAIL

Instructions For Recipient(s) of this Email
Enclosed with this petition is a heart breaking statement by Dr. Shaikh who appeals for revocation of Blasphemy Laws in Pakistan. Dr. Shaikh calls it the ``shame of Pakistan``.
Send this email around to your friends sign it and pass it on to atleast 5 other friends CCing the email to :
Secularize_Pakistan@yahoogroups.com or send it directly to President Musharraf.


Petition Requesting Abrogation of Blasphemy Laws in Pakistan.

Dear President Musharraf,

Please give the people of Pakistan the right to free speech , expression and press.
Please save Pakistanis from the tyranny of Blasphemy laws.

Signed
Athar Shiraz Siddiqui (Elmsford, NY 10523)

Wednesday 7th April 2004
Statement by Dr M. Younus Shaikh,

Blasphemy

Muslims are the first victims of Islamism. In a novel and unethical way, Pakistani Mullahs have started abusing the dreadful Islamic Blasphemy laws to terrorise liberal and moderate Muslims.

I am a Pakistani doctor, a physiologist, a patriotic and law-abiding citizen, a Muslim by birth. I trained as a surgeon and worked for some years in the United Kingdom. I gave up my job in the UK in order to return to Pakistan to serve the people of my own country. I obtained a position as a lecturer in Physiology at the Capital Homeopathic Hospital, Islamabad.

One of my reasons for returning to Pakistan was to campaign for Human Rights and civil liberties in Pakistan: to work for the Pakistan-India peace movement, to struggle for liberalism, secularism and humanism, and to counter the forces of religious extremism and fundamentalism.

My Case

On 1st October 2000 I attended a meeting of the South Asian Union in Islamabad on the topic of Pakistani-India Relations and Nuclear War. In a statement from the floor of the meeting I expressed the view that Pakistan and India should agree that in the interest of the people of Kashmir, that the present line of demarcation should become the peace line: the international border between the two countries. I also expressed the view that if Pakistan continued to support “freedom fighters”- terrorists - in our neighbouring country, then our neighbour might respond in a similar way, culminating in a new calamity like the one we experienced in the 1971 Civil War and the loss of East Pakistan. Following my statement, Mr. Shaukat Qadir, a brigadier from military intelligence, the ISI, threatened me and said that he would “crush the heads of those who think and talk like that”.

Two days later, I was called into the office of the principal of the college and was summarily dismissed from my job without notice. No reason was given. On 4th October, I received a message asking me to present myself in the principal’s office. I did so, and was immediately handed over to the police. I was arrested on a charge of blasphemy. The complaint had been filed under section 295/ C of the Pakistan Penal Code by a Muslim cleric of the Majlis Tahaffuz Khatm-i-Nabuwat (Committee for the Finality of the Prophethood) with the added suspicion that I might belong to the “heretical” Ahmedi community.

The charges against me centred on some utterances I was alleged to have made in the course of a lecture at the college on 2nd October 2000, that neither the Prophet of Islam nor his parents could have been Muslims before Islam was revealed to the Prophet. I was also alleged to have said that the Prophet was unlikely to have shaved under his armpits since the custom was probably unknown to his tribe at the time. These remarks were interpreted by my accusers, the Mullahs, as an insult to the Prophet. I did not actually make the alleged remarks. The mullahs themselves never heard me make any such remarks, nor did they investigate whether any such incident had ever occurred. In fact, I gave no lecture at the time alleged. During the course of the trial the chief witness against me was totally discredited. He admitted that he was not actually present in the college on the day the alleged remarks were made.

My trial

If you are accused of blasphemy in Pakistan, you will usually be denied bail and held in custody until trial. If found guilty, you will face a mandatory death sentence. My trial was held in a series of sessions throughout the summer of 2001. Although neither a body of crime was established nor did the evidence prove any occurrence of blasphemy, I was pronounced guilty on 18th August 2001, fined 100,000 rupees, and sentenced to death - nearly nine months after my arrest.

The specific charge on which I was found guilty was “Insulting the Prophet”. To many European observers it might seem illogical that death sentence could be awarded without proving the incidence or establishing the body of crime, however, that is the way blasphemy cases are adjudicated upon in the very Islamic Republic of Pakistan.

For the next two years, I was held in solitary confinement in a very small death cell in the Central Jail, Rawalpindi, a dark and dirty death cell with unbearable, stinking and distasteful food. There was no facility for walking or exercise, and I was without books, newspapers, medication or treatment for my worsening diabetes. I remained constantly under threat of murder by Islamic fundamentalist inmates in jail for murder and gang rape, and by some religiously-minded prison warders. I appealed. My appeal was heard over several sessions lasting 15 long months before the two judges managed to disagree over their verdict, one Islamic/minded judge rejected the appeal without giving any legal grounds for doing so, while the other legal-minded judge stated that the prosecution had failed to prove the case beyond reasonable doubt and that the witnesses were neither trustworthy nor reliable. The referee High Court judge took another year and sent the case for retrial.

The retrial was held in November 2003 at the Court of the Session in Islamabad. Because of threats and harassment no lawyer was ready to plead my case, and I was forced to defend myself for survival, which I did after secretly smuggling law books into my death cell. At the retrial the courtroom was full of mullahs and the Pakistani Taliban. The two mullah advocates and the Public Prosecutor tried to exploit the religious feelings of the court but I confined my defence to legal arguments. I was inspired by the defence speech of Sir Thomas More in A Man for All Seasons. Fortunately the outcome in my case was different. The judge accepted my legal arguments and found charges against me baseless. My accusers, the two Mullahs and the Islamist students had lied under oath. I was acquitted on 21st November 2003.

My Ordeal

I feel I have been a victim of Islamic Mullah terrorism through he abuse of the state apparatus and the civil law. My first trial was a show trial almost reminiscent of the trials and tortures of the infamous Spanish inquisition, and the trials and burning of European women as witches. After my acquittal and release, I wanted to stay in my country with my family and friends but instead I found myself under a fatwa by the same mullahs that I should be killed. I had to say goodbye to my loved ones and flee to Europe for my safety.

I am very thankful to the International Humanist and Ethical Union, the various humanist organisations and individual humanists, and all of the other human rights organisations who campaigned on my behalf: Amnesty International, Physicians for Human Rights USA, the Jubilee Campaign USA, and the many honourable senators and congressmen from the United States, and UK members of parliament. I also want to thank the Swiss and US embassies in Islamabad and the Swiss government for their ceaseless support for justice and equity in my case. I am very grateful to the Swiss government for granting me refugee status in Switzerland.

What is blasphemy?

What then constitutes blasphemy? Unfortunately the Pakistani Penal Code provides little guidance. The law is vague and the term is undefined. In view of the mandatory death penalty for the offence this would seem to be an important oversight. The law is a relic of 1860 British colonial criminal law, but was modified in 1926 again under the British, then in 1986 by General Zia to make it more strictly in accordance with the Sharia, and finally in 1992 when the death penalty was made mandatory – this under the democratically-elected prime minister Nawaz Sharif. Whereas the original law had been even-handed and applied equally to all religions, under the revised law the death penalty applies only to blasphemy against Islam. More than a hundred victims are currently in jail awaiting trial, 15 of whom face the death penalty under section 295 C of the Pakistan Penal Code. Mercifully, none have so far been executed.

In another famous case, a Christian, Ayub Masih was condemned to death for blasphemy on the unsupported evidence of a neighbour, Muhammad Akram who was involved with him in a land dispute and who was awarded property belonging to the accused after the case was decided. The verdict and sentence were upheld by the Lahore High Court on July 25, 2001. However, after seven long years of unnecessary incarceration in the death cell, he was found innocent and acquitted by the Supreme Court.

Despite their successes in obtaining convictions, the fundamentalists have not been willing to leave judgement and execution to the courts. Several people have been murdered by Islamic zealots after having been acquitted by the courts. Others accused of blasphemy have been murdered in jail while awaiting trial and even a High Court judge was murdered after finding one prisoner not guilty.

Pakistan’s shame

The blasphemy law has brought shame on Pakistan. The law itself is unjust and inequitable, the offence it treats is poorly defined and open to abuse, and its operation has been widely misused and abused. Since the introduction of Sharia law in Pakistan in 1986, the blasphemy law has been used on hundreds of occasions by fundamentalists to silence moderate opponents, to intimidate non-Muslims and to settle personal scores.

While praising President General Pervez Musharraf for his liberal and secular steps, and for his courageous fight against Islamic jihadi terrorism, I appeal to him to curb this menace of Islamic Mullah terrorism: the abuse of Pakistani Islamic blasphemy laws. I call upon the Commission on Human Rights to press the government of Pakistan:

1) to urgently review the cases of all those currently charged or convicted of blasphemy and awaiting execution, including an urgent judicial review of all cases currently sub-judice;
2) to immediately review the application of the blasphemy law and to introduce safeguards against its abuse;
3) to replace the blasphemy law by laws which respect the human rights of individuals in conformity with the Universal Declaration of Human Rights to which Pakistan is a signatory.
4) and finally to compensate the victims of these unjust and iniquitous laws and to punish the false accusers and untruthful witnesses.

Thank you.
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#11 Posted by Romair on April 13, 2004 8:56:07 am
Interesting story and article. Quite an ordeal. I think the key points in this article is the following:

``Because of threats and harassment no lawyer was ready to
plead my case, and I was forced to defend myself for survival, which
I did after secretly smuggling law books into my death cell. At the retrial the courtroom was full of mullahs and the Pakistani Taliban. The two mullah advocates and the Public Prosecutor tried to exploit the religious feelings of the court but I confined my defence to legal arguments.``

Why weren`t there any secularists in the court? This is the difference between the Islamists and the secularists. The former takes action, while the later only talks. The former walks the walk (however, wrong or right it maybe), the later only talks the talk (however, wrong or right it maybe). At most the later writes articles. The former is interested in a cause, the later is interested mostly in themselves.

``The law is a relic of 1860 British colonial criminal law, but was modified in 1926 again under the British, then in 1986 by General Zia to make it more strictly in accordance with the Sharia, and finally in 1992 when the death penalty was made mandatory – this under the democratically- elected prime minister Nawaz Sharif.``

I thought this law had been originated in its current form, under Zia. I didn`t realize the British originated it. And I didn`t realize it was Nawaz Sharif, who made the death penalty mandatory.

``While praising President General Pervez Musharraf for his liberal and secular steps, and for his courageous fight against Islamic jihadi terrorism, I appeal to him to curb this menace of Islamic Mullah terrorism: the abuse of Pakistani Islamic blasphemy laws.``

Good to see some credit being given, where it is due. I wonder what would have happened NS Shariah Bill had passed. I think Musharaff may have been able to get rid of the Blasphemy law, during his Martial Law time.

The Blasphemy law should be removed from the books of Pakistan. Though I doubt it will be, since the more secular parties of Pakistan were the ones who brought in the Ahmedi legislation and the death penalty for Blasphemy, to begin with. I doubt they will change it now, when they are in alliance with the MMA.

``In a statement from the floor of the meeting I expressed the view that Pakistan and India should agree that in the interest of the people of Kashmir, that the present line of demarcation should become the peace line: the international border between the two countries.``

This is the only part of the article I disagree with. Everyone should be allowed to speak their mind. So nothing wrong with that. However, imposing one`s own will on the Kashmiris and forcing them to accept a solution, they may not want, is no difference than the mullahs imposing their own will on the society and forcing them to accept something the society does not want.
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#12 Posted by Romair on April 13, 2004 9:37:44 am
solitude #10: You have made two big mistakes in your email,. Though well-intentioned, the errors will make the argument in the email counter-productive.

1. Secularize_Pakistan@yahoogroups.com : This address will drive away most of the people in Pakistan - including those who actually want to get rid of this law, or are indifferent to it. They will view your effort, to get rid of this law, as a broader, ``conspiracy`` to secularize Pakistan. And they will view you, as using this issue, to achieve some other objective.

It is the equivalent of someone sending out a mass email, about providing peasants with land, under the title of Islamisize_Pakistan@yahoogroup.com. A lot of people who may want to help the peasants, will not participate, because they will be scared by the title.

A better approach is to keep it outside the debate of secularism and Islamism, and present it as a human rights issue (which is what it actually is). Islam, in no way, encourages people to kill others for any kind of Blasphemy. This law is no more than a political ploy by Nawaz Sharif to get votes. Just like the Ahmedi legislation was one by Bhutto to get votes. These two are the flagholders of, ``secularism`` in Pakistan. If they are the ones who brought these laws in to begin with, why in the world would they get rid of them.

2. Dear President Musharraf,

Please give the people of Pakistan the right to free speech , expression and press.
Please save Pakistanis from the tyranny of Blasphemy laws``:

This is the second error. Musharraf cannot do much now. We have an elected govt. in place. This law could only have been removed dictatorially, however many liberals consider Musharraf unConstitutional to begin with. His actions to remove this law would be unConstitutional also (though I would support them).

Blasphemy laws, from what I know, are primarily used to suppress other people in land disputes, conflicts, etc. They are never actually used for Blasphemy. This is what seemed to have happened to the Mr. Shaikh. This makes them the prime tool for anyone in power to suppress others. Hence, very few MNAs will vote against it. After all, most of the MNAs in parliament are the same ones who were there in 1992.

The second mistake is that Pakistanis already have, ``Free speech, expression and press.`` Even the press people agree on this. What they need is to get rid of the Blasphemy law. So any govt. who can act on this law, will be offended by the first sentence, since you are accusing them of something which they have already provided (at least by South Asian and third-world standards).

So if the aim is to actually get rid of the Blasphemy Law, then the emails should be targeted specifically at that law, i.e. ``Please save Pakistanis from the tyranny of Blasphemy laws.`` However, if the aim is to secularize Pakistan, or to oppose mullahs, and Mr. Shaikh and the Blasphemy law is being used as a convenient vehicle, then I am afraid, most Pakistanis will see through it and not support it.
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#13 Posted by Romair on April 13, 2004 9:40:12 am
Pakistan, according to surveys, is at a stage, where a majority of the population wants religion in their public life. At the same time, I doubt they support Blasphemy laws. So if someone really wants to get rid of this law, through a mass movement, they will only be successful if they can eloquently articulate a counter-argument using Islam. Not one using secularism. Even if the later argument is accurate, most people will view it as a movement to, ``secularize`` and de-Islamisise the country. Much like, most secularists don``t bother to listen to anyone with a beard, even if he is making a good argument.

This is similar to the rise of Hinduvta in India. I have always felt that if someone wants to oppose Hinduvta in India, they will have to counter it with an argument, from within Hinduism. Not from an argument coming from secularism. After all, the whole rise of BJP and MMA and any other religous party is based on a rejection of secularism (at least as a political force, if not as a social force, also) in these countries/areas.

The problem with secularists in Pakistan is that they are in a state of denial. They have refused to accept the fact that their political ideas have been hijacked by corrupt political parties, which are slowly losing the political space. As the political parties are being rejected, so is the idea of secularism (even though secularism, itself, may not be at fault, just like religion itself may not be at fault). This is causing the non-religous parties to move more and more towards religion also, since they have nothing else to offer. Just like the Congress in India (a one-time true secular party, if you ask me, unlike the parties in Pakistan that claim to be secular) is moving more and more towards Hinduism.

In this sense, secularists in Pakistan are lucky that Musharraf came along. Otherwise, Pakistan`s complete legal system, was 100% certain to be under a blanket Shariah Bill, by now. That would have been curtains for secularism in Pakistan.

So the secular forces need to either come up with new, more credible leadership, and reject the status-quo parties. Or they need to be able to out-argue the religious parties, through religious arguments. Or they need to get ready for a BJP-type rise of Islamism in Pakistan, through a democratic process, in which the PPP, PML and MMA will be competing agaisnt each other in who can Islamasise the country fastest.

At the very least, the secularists need to show up in court, when people like Mr. Shaikh are being tried. A mass email, as noble an idea as it maybe, will have a microscopic affect, in comparison to individuals physically showing up.
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#14 Posted by arjun_m on April 13, 2004 10:13:16 am
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#15 Posted by Godot on April 13, 2004 10:13:16 am

This is absolutely outrageous. If this is what Pakistan’s law of the land is then Pakistan, like its present or past, does not have a future. What a disgrace. And these people have the audacity to call themselves good Muslims while shamelessly lying with their hands on the Koran!

Thank you, Arthur, for making me aware of this atrocity and jihalat in Pakistan. I’m e-mailing this to everyone, especially to those who never tire of saying that the “faithful” will “save” Islam and the Muslims. What a disgrace...what a disgrace...
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#16 Posted by Ally on April 13, 2004 10:13:16 am
thank god ur out of it now... what is the presidents email address? its nowhere to be found, and the site http://www.pakistan.gov.pk/ only gives u contact info for diff vazraat within govt.

i am going to email this out to everyone, but i would like a contact email address for sadar sahib.

thanks

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