Blasphemy in Islamic and Pakistani Law
Keywords:
Blasphemy, Apostasy, Punishment, Hadd, Ta’zeer, Narrators, Jurists, Islamic Law, PPCAbstract
Blasphemy is one of the most important and sensitive issue in Islamic Law and as well as in contemporary criminal law, while it has been recently exploited by the international human rights activists due to its rigorous punishment in Pakistan Penal Code (PPC) on the basis of Shariah commandments which is exclusively recommended as death penalty. This
issue will be analyzed in the light of Quran and Sunnah along with viewpoints of the prestigious Muslim Jurists and practice of Muslim Ummah from the era of the Prophet (PBUH) till today. Institution of Islamic Law has primarily five objectives, and the first one is to preserve and protect the religion of believers. Therefore, anyone who reverts will be punished by the state as it has been prescribed by Shariah. But the question arises whether the punishment of Murtad (Apostate) is Hadd or Ta’zir.This question has been discussed in detail and different viewpoints have been presented. The case of MUHAMMAD ISMAIL QURESHI ……
Petitioner versus PAKISTAN in 1990, when the FEDERAL SHARIAT COURT of Pakistan, has examined the law under the authority conferred by constitution of Pakistan that the said discretionary power is repugnant to the injunction of Islam and only death penalty should be
fixed by legislative Act.
