Blasphemy laws: what does the Quran say? — by Dr Mohammad Taqi
It is a travesty of justice that a verse dealing with war, sedition and rebellion is invoked to punish what may not even qualify as theocratic or religious dissent. In fact, Article 295 is not just a travesty of justice, it is an iftira (slander) against the Almighty and Prophet (PBUH) as it attributes to them what they never mandated
“Haq jalwagar ze tarz-e-bayan-e-Mohammad [PBUH] hast,
Aaray kalam-e-Haq ba zuba-e-Mohammad [PBUH] hast,
Ghalib sana-e-Khwaja ba Yazdan guzashtaim,
K’aan zaat-e-Paak martaba-daan-e-Mohammad [PBUH] hast” — Ghalib.
“The Truth expresses its grace through Mohammad’s [PBUH] expression,
Indeed the Truth speaks through Mohammad’s [PBUH] word,
Ghalib, therefore, I leave Mohammad’s [PBUH] praise to God,
Almighty alone can understand the exalted status of Mohammad [PBUH].”
While the Lahore High Court (LHC) is restraining the president from pardoning Aasia Bibi in a blasphemy case and a federal minister has vowed to not allow any change in the blasphemy laws, why do I quote Ghalib’s praise for the Holy Prophet Mohammad (PBUH)? For starters, Ghalib remains one of the foremost secularists that the Indian subcontinent has ever produced and this na’at (hymn) — perhaps amongst the finest written in any language — goes to show that it is perfectly alright for the secularists to occasionally talk about matters of faith, including their own faith. In fact, it is imperative to do so when a fog of confusion is deliberately created around faith by bigots of all shades.
Moreover, the Holy Quran and Sunnah, ostensibly, form the premise of Article 295 of the Pakistan Penal Code (PPC) and, without revisiting what they actually say about blasphemy, the only challenge that might be successful against this law would be to have its procedural aspects modified. The Quran and Sunnah indeed are the two material sources of the shariah law, but were eventually supplemented by a corpus of interpretation largely agreed upon by a majority of Muslim scholars (ijma) and deductive analogy (qiyas) to form the basis of Islamic jurisprudence.
In the first quoted verse, Ghalib is referring to the Holy Quran, which states: “That this (Quran) is indeed the speech of an illustrious messenger” (69:40). Ghalib’s last verse, of course, is the crux of a Sufi’s faith and, once again, alludes to the passages in the Quran where the Almighty showers praise on Mohammad (PBUH). I would point to one such verse: “Verily! We have seen the turning of your (Mohammad’s) face towards the heaven. Surely, We shall turn you to a Qiblah (prayer direction) that shall please you, so turn your face in the direction of Al-Masjid-al-Haram” (2:144). This is a unique verse; while the Quran and other holy books speak to what humans, including the prophets, must do to earn the pleasure (raza) of the Almighty, here Allah is doing something purely to earn the pleasure or raza of His Prophet (PBUH).
So is it possible then, that the Almighty, who has thus exalted the status of the Holy Prophet (PBUH), left us without any guidance on how to deal with speech or actions that attempt to disparage him? Could the Quran be silent on a matter of such grave importance? Have we been left to rely on the ijma and qiyas of the clerics who came some two centuries after the Prophet (PBUH)? Indeed not, but that is something that the ones after a poor woman’s scalp would have us believe. Let us consider Surah Al-Ahzab, verse 57:
“Lo! those who malign Allah and His messenger, Allah hath cursed them in the world and the Hereafter, and hath prepared for them the doom of the disdained.”
The Quran also mentions the most important case of blasphemy ever committed against Mohammad (PBUH). The Quran says in Surah Al-Massad:
“The power of Abu Lahab will perish, and he will perish. His wealth and gains will not exempt him. He will be plunged in flaming fire. And his wife, the wood-carrier, will have upon her neck a halter of palm-fibre.”
The common theme between the verses noted above is that, while the highest condemnation has been heaped on anyone reviling or attempting to revile the Holy Prophet (PBUH) and eternal damnation promised for the perpetrator, neither a direct order (amr) has been given to impart a punishment nor a set punishment prescribed — not even for Abu Lahab!
Let us also consider the Arabic terms used to describe blasphemy against God and the Prophet (PBUH). The Arabic words sabba (abuse, insult) and shatm (vilification) denote blasphemy and have been adopted in Persian and Urdu as well. It must be stated that the word shatm does not occur in the Quran at all while a derivative of sabba is used only in one verse and that too to proscribe the Muslims from hurling sabba on other people’s gods and deities (Chapter 6:108).
So where then are punishments like death or chopping limbs for blasphemy coming from? Usually, anecdotal reports are cited from the Hadith where the Prophet (PBUH) allegedly condoned the death or punishing of a blasphemer. However, for each such incident — usually reported on weak authority — there are two others where the Prophet (PBUH) tolerated and indeed pardoned insults against him. Not a single incident can be cited from the Sirah traditions where charges of blasphemy were filed, a trial held and the punishment meted out. Almost all proponents of severe or capital punishment for blasphemy, therefore, quote verse 33 of Surah Al-Maidah, in support of their argument:
“The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: that is their disgrace in this world, and a heavy punishment is theirs in the Hereafter.”
It is a travesty of justice that a verse dealing with war, sedition and rebellion is invoked to punish what may not even qualify as theocratic or religious dissent. In fact, Article 295 is not just a travesty of justice, it is an iftira (slander) against the Almighty and Prophet (PBUH) as it attributes to them what they never mandated. The presidential pardon is most commendable in the current case and procedural changes to the blasphemy laws would be welcome.
However, Article 295 is repugnant to the Quran and Sunnah and, as long as it remains on the books, it will be a direct negation of the verse “Wama arsalnaka illa Rehmatan-lil-alameen” (We sent thee not, but as a Mercy for all creatures — 21:107). By not prescribing harsh penalties, the Almighty prevented this exalted status of Mohammad (PBUH) from being undermined; Ghalib was spot-on.
The writer can be reached at [email protected]
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Very nice article to read. Enjoyed it a lot
Spot on. Now explain that to a Maulvi. Sigh.
Nice article,
Can you brief little more what Holy Quran says about Blasphemy law is it mention in Quran that one should be hang to death for Blasphemy?
Come to think of it, Allah is mentioned in the beginning of all Surahs of Quran (save one) as being Al-Rehmaan and Al-Raheem. Despite this, there are numerous Ayats of Quran that mention the Azzab of Allah.
Will you call this a direct negation also?
Just because our Prophet (SAW) is Rehmat-ul-Lil-Aalameen does not mean that we do away with this law because it is very harsh.
The more love you have for a person, the more you will go out of your way to protect them. As it is one of the requirements of Imaan that we need to love our Prophet (SAW) more than our parents, children, wealth, health and indeed ourselves, for our Imaan to be Kaamil (complete).
I would like to quote Allama Iqbal here…
NARM DAM-E-GUFTAGOO, GARM DAM-E-JUSTAJOO
and
Jis say Jigar-e-Lala main Thandak ho wo Shabnam
Daryaoon kay dil jis say dehl jain wo toofaan
You need to develop both sides to be good, if you are too soft, you will have people walking all over you, and if you are too hard, you will break. We have the best example in the Uswah-e-Rasool (SAW) and from his life, we know that severe punishments (without involving a court) were given out to those who insulted him, during his life only. So that makes it his sunnah.
Somaiya: sister if u dont have any proof from quran or sunnah , then please keep your ignorant remarks to urself.. and stop spreading your hate around…Islam: PEACE..
its people like you who bring a bad ame and shame to my religion .
dr.sahib its a brilliant article . solid , with refrences… no need to read these people who listen to their jaahil movi’s…angry mob
There is no doubt we love prophet PBUM and Allah more than anything but this does not mean that we can kill people without a valid war purely in defence of the country. If you put all the verses about jehad in Quran they are purely meant for war in defence. Being tough on enemies means that once you are in jehad then you should be harsh and fight bravely. Whereas implentation of law is concerned this has got nothing to do with being merciful or not because Quran says there is life in it and not death hence it is not against Prophet being Rehmat ul lillalmin rather it affirms it as it brings peace in larger perspective.
Moreover, concerning love for Prophet and Allah. Prophet said your love for me should be for Allah’s sake so what about the person who blaspheme Allah. Also, When people celeberate Eid Miladdun Nabi in love of prophet or kiss their hand while taking his name then you say it is biddat and making a law (out of his love) which was never there in the time of prophet is not biddat then?
We have many examples from life of Prophet PBUH that he pardoned people who called him bad names like the woman who used to throw trash on him and one day she did not and he went to see if she was ok. The bedoin who came around asking his loan back and even put a scarf around Prophet’s neck demanding money. Hazrat Umar RzA siad to Prophet if you order I can take his neck off but Prophet said I have come to this world to tech nice morals. He should have demanded his money in a nice manner and you should have talked nicely now go arrange the money and pay himm something extra for saying those words about him that you wanted to take his neck off. He prayed for the people of Taiff after they slander and wounded him badly. He forgave all the people of Mecca and said La tasreeba alikum alyaum(there is no harshness on you today)Such was the charachter of our great Prophet and by making such laws his character is tarnished.
Asslam o Alaikum
I inspired from article. I love my prophet Muhammad (P.B.U.H)more than myself. I always ready to sacrify my life to fulfill Prophet P.B.U.H single word. I love Him more than my parents. I believe on Oneness of Allah, because He(P.B.U.H) told me that Allah is one.
But I’m not in fovour of killing people on His (P.B.U.H) name, because He is RAHMATUL-LIL-AALAMEEN.
Histroy told us that Prophet (P.B.U.H)prayed for those who injured Him in Taif. Even when Jabreel askek Him to pelt the Mountain on those people who injured Him. He asked that people from their generation may become Muslim.
What a great lessin for us to follow Him.
Billions “DROOD O SLAAM” on my PROPHET peace be upon Him
Somaiya Sister, Excellent, I agree with u 100%. Actually this is a test for us, for our love with our beloved prophet(SAWW), for whom this universe is created, but it is not visible from eyes(AQAL) rather heart(ISHQ)
KI MUHAMMAD SE WAFA TU NE TO HAM TERE HAIN
YE JAHAN CHHEZ HAI KYA LOH O QALAM TERE HAIN
One should ask these liberals, democrates, enlightened moderates that Ghazi Ilam Din Shaheed (RA) also committed crime(MA AAZ ALLAH), whose case was fought by Quaid e Azam & Allama Iqbal burried him, saying
“ASSI WAIKHDEY REH GYE TE TARKHANAN DA MUNDA BAAZI LE GYA”
The scholars are unanimously agreed that a Muslim who insults the Prophet (peace and blessings of Allaah be upon him) becomes a kaafir and an apostate who is to be executed. This consensus was narrated by more than one of the scholars, such as Imaam Ishaaq ibn Raahawayh, Ibn al-Mundhir, al-Qaadi ‘Iyaad, al-Khattaabi and others. Al-Saarim al-Maslool, 2/13-16
This ruling is indicated by the Qur’aan and Sunnah.
In the Qur’aan it says (interpretation of the meaning):
“The hypocrites fear lest a Soorah (chapter of the Qur’aan) should be revealed about them, showing them what is in their hearts. Say: ‘(Go ahead and) mock! But certainly Allaah will bring to light all that you fear.’
If you ask them (about this), they declare: ‘We were only talking idly and joking.’ Say: ‘Was it at Allaah, and His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger that you were mocking?’
Make no excuse; you disbelieved after you had believed”
[al-Tawbah 9:64-66]
This verse clearly states that mocking Allaah, His verses and His Messenger constitutes kufr, so that applies even more so to insulting. The verse also indicates that whoever belittles the Messenger of Allaah (peace and blessings of Allaah be upon him) is also a kaafir, whether he was serious or joking.
With regard to the Sunnah, Abu Dawood (4362) narrated from ‘Ali that a Jewish woman used to insult the Prophet (peace and blessings of Allaah be upon him) and say bad things about him, so a man strangled her until she died, and the Prophet (peace and blessings of Allaah be upon him) ruled that no blood money was due in this case.
Shaykh al-Islam Ibn Taymiyah said in al-Saarim al-Maslool (1/162): This hadeeth is jayyid, and there is a corroborating report in the hadeeth of Ibn ‘Abbaas which we will quote below.
This hadeeth clearly indicates that it was permissible to kill that woman because she used to insult the Prophet (peace and blessings of Allaah be upon him).
Abu Dawood (4361) narrated from Ibn ‘Abbaas that a blind man had a freed concubine (umm walad) who used to insult the Prophet (peace and blessings of Allaah be upon him) and say bad things about him. He told her not to do that but she did not stop, and he rebuked her but she did not heed him. One night, when she started to say bad things about the Prophet (peace and blessings of Allaah be upon him) and insult him, he took a short sword or dagger, put it on her belly and pressed it and killed her. The following morning that was mentioned to the Messenger of Allaah (peace and blessings of Allaah be upon him). He called the people together and said, “I adjure by Allah the man who has done this action and I adjure him by my right over him that he should stand up.” The blind man stood up and said, “O Messenger of Allaah, I am the one who did it; she used to insult you and say bad things about you. I forbade her, but she did not stop, and I rebuked her, but she did not give up her habit. I have two sons like pearls from her, and she was kind to me. Last night she began to insult you and say bad things about you. So I took a dagger, put it on her belly and pressed it till I killed her.” Thereupon the Prophet (peace and blessings of Allaah be upon him) said: “Bear witness, there is no blood money due for her.”
(Classed as saheeh by al-Albaani in Saheeh Abi Dawood, 3655)
It seems that this woman was a kaafir, not a Muslim, for a Muslim could never do such an evil action. If she was a Muslim she would have become an apostate by this action, in which case it would not have been permissible for her master to keep her; in that case it would not have been good enough if he were to keep her and simply rebuke her.
Al-Nasaa’i narrated (4071) that Abu Barzah al-Aslami said: A man spoke harshly to Abu Bakr al-Siddeeq and I said, ‘Shall I kill him?’ He rebuked me and said, ‘That is not for anyone after the Messenger of Allaah (peace and blessings of Allaah be upon him) .’” (Saheeh al-Nasaa’i, 3795)
It may be noted from this that the Prophet (peace and blessings of Allaah be upon him) had the right to kill whoever insulted him and spoke harshly to him, and that included both Muslims and kaafirs.
The second issue is: if a person who insulted the Prophet (peace and blessings of Allaah be upon him) repents, should his repentance be accepted or not?
The scholars are agreed that if such a person repents sincerely and regrets what he has done, this repentance will benefit him on the Day of Resurrection and Allaah will forgive him.
But they differed as to whether his repentance should be accepted in this world and whether that means he is no longer subject to the sentence of execution.
Maalik and Ahmad were of the view that it should not be accepted, and that he should be killed even if he has repented.
They quoted as evidence the Sunnah and proper understanding of the ahaadeeth:
In the Sunnah, Abu Dawood (2683) narrated that Sa’d ibn Abi Waqqaas said: “On the Day of the Conquest of Makkah, the Messenger of Allaah (peace and blessings of Allaah be upon him) granted safety to the people except for four men and two women, and he named them, and Ibn Abi Sarh… As for Ibn Abi Sarh, he hid with ‘Uthmaan ibn ‘Affaan, and when the Messenger of Allaah (peace and blessings of Allaah be upon him) called the people to give their allegiance to him, he brought him to stand before the Messenger of Allaah (peace and blessings of Allaah be upon him). He said, “O Prophet of Allaah, accept the allegiance of ‘Abd-Allaah.” He raised his head and looked at him three times, refusing him, then he accepted his allegiance after the third time. Then he turned to his companions and said: “Was there not among you any smart man who could have got up and killed this person when he saw me refusing to give him my hand and accept his allegiance?” They said, “We do not know what is in your heart, O Messenger of Allaah. Why did you not gesture to us with your eyes?” He said, “It is not befitting for a Prophet to betray a person with a gesture of his eyes.”
(Classed as saheeh by al-Albaani in Saheeh Abi Dawood, 2334)
This clearly indicates that in a case such as this apostate who had insulted the Prophet (S), it is not obligatory to accept his repentance, rather it is permissible to kill him even if he comes repentant.
‘Abd-Allaah ibn Sa’d was one of those who used to write down the Revelation, then he apostatized and claimed that he used to add whatever he wanted to the Revelation. This was a lie and a fabrication against the Prophet (peace and blessings of Allaah be upon him), and it was a kind of insult. Then he became Muslim again and was a good Muslim, may Allaah be pleased with him. Al-Saarim 115.
With regard to proper understanding of the ahaadeeth:
They said that insulting the Prophet (peace and blessings of Allaah be upon him) has to do with two rights, the right of Allaah and the right of a human being. With regard to the right of Allaah, this is obvious, because it is casting aspersions upon His Message, His Book and His Religion. As for the right of a human being, this is also obvious, because it is like trying to slander the Prophet (peace and blessings of Allaah be upon him) by this insult. In a case which involves both the rights of Allaah and the rights of a human being, the rights of the human beings are not dropped when the person repents, as in the case of the punishment for banditry, because if the bandit has killed someone, that means that he must be executed and crucified. But if he repents before he is caught, then the right of Allaah over him, that he should be executed and crucified, no longer applies, but the rights of other humans with regard to qisaas (retaliatory punishment) still stand. The same applies in this case. If the one who insulted the Prophet (peace and blessings of Allaah be upon him) repents, then the rights of Allaah no longer apply, but there remains the right of the Messenger of Allaah (peace and blessings of Allaah be upon him), which still stand despite his repentance.
If it is said, “Can we not forgive him, because during his lifetime the Prophet (peace and blessings of Allaah be upon him) forgave many of those who had insulted him and he did not execute them?” The answer is:
The Prophet (peace and blessings of Allaah be upon him) sometimes chose to forgive those who had insulted him, and sometimes he ordered that they should be executed, if that served a greater purpose. But now his forgiveness is impossible because he is dead, so the execution of the one who insults him remains the right of Allaah, His Messenger and the believers, and the one who deserves to be executed cannot be let off, so the punishment must be carried out.
Al-Saarim al-Maslool, 2/438
Insulting the Prophet (peace and blessings of Allaah be upon him) is one of the worst of forbidden actions, and it constitutes kufr and apostasy from Islam, according to scholarly consensus, whether done seriously or in jest. The one who does that is to be executed even if he repents and whether he is a Muslim or a kaafir. If he repents sincerely and regrets what he has done, this repentance will benefit him on the Day of Resurrection and Allaah will forgive him.
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) wrote a valuable book on this matter, entitled al-Saarim al-Maslool ‘ala Shaatim al-Rasool which every believer should read, especially in these times when a lot of hypocrites and heretics dare to insult the Messenger (peace and blessings of Allaah be upon him) because they see that the Muslims are careless and feel little protective jealousy towards their religion and their Prophet, and they do not implement the shar’i punishment which would deter these people and their ilk from committing this act of blatant kufr.
And Allaah knows best. May Allaah send blessings and peace upon our Prophet Muhammad and all his family and companions.
in the name of Freedom of Speech the blasphemy about Prophet Muhammad SAW –
DO WHAT YOU CAN DO TO STOP IT.
Satirical French magazine names (Prophet) ‘Muhammad’ as editor
The cover of the next issue, which comes out on Wednesday, shows Muhammad
saying “100 lashes if you are not dying of laughter”.
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The Koran is whole, complete and all that is needed in life. The use of Hadith is not a requirement and the use of Hadith that goes against the Koran must be stopped.