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Blasphemy Law in Pakistan | Arafat Mazhar | TEDxBeaconhouseDefence


sacred like human like one of the most

famous talk phrases that human right

activists use is there as a man-made law

so we seem to be divided in these

binaries of the godless versus the

god-fearing the divine versus the

profane and that’s the perspective that

our institution and I and our

institution our team tries to work on on

telling that there’s more to these

things than these two perspectives so

what happens when these perspectives

collide escalation I mean this has have

you guys seen the Dark Knight right yes

great film right and Christopher Nolan

talks about one thing that one of the

meta commentary on this is that somehow

Batman is creating the Joker somehow the

escalation that happens because you are

so tight on one end with this viewpoint

that you create and other you otherwise

half of the community this man over here

is not an antagonist

everyone knows whom Tasca 3 is right yes

he’s not an antagonist he’s not a

villain he’s a product of this society

product of discourses that have been

here for decades and centuries so when

we don’t look into these things with

nuances with academic research

investigation we lose nuance and what we

have is an escalation of binaries and

authorization us versus them and that is

what conflict management is not about

and antagonizing another person’s

perspective because you think yours is

right is the wrong way to go about it

and to be to be fair the law was passed

in its current form in 1991 it’s been 30

years 30 years of millions and millions

of dollars

according to the development sector to

try and change the law one of the reason

nothing happens is because of this

bubble so the human rights organization

lab one of them right it’s just like I’m

criticizing myself as well so the human

rights organization has this language

and framework that they’re not willing

to talk out of so you’re talking to a

community of people who have an

indigenous language who respects symbols

cultural religious traditional and

unless and until you understand unless

and until you understand that those

symbols those cultural symbols and

values are relevant and important to

those peoples emotionally as well as

intellectually if you don’t respect that

you’re not gonna get anywhere 30 years

every time there’s been an effort to

reform the blasphemy law more violent

instances have occurred think about that

you create more violence if you’re

antagonizing the other in your discourse

for change if you’re looking for a

personal victory sure if you want to

sleep you know at night thinking

yourself oh I’m a really great guy I

believe in all these great human rights

values that’s fine but if you want to

change the discourse you got to move

ahead so first you gotta do some self

check just like a therapist in

psychology to trained therapists to do

this before you have a client to do a

self check what do I feel before I ask

this person how did they feel where does

your value system come from so let’s say

your progressive coding code and you

believe that the blasphemy law needs to

be changed where does that come from

is it a Eurocentric model of human

rights international human rights are

you maybe thinking of it because you

were born in a home where that’s what

you were taught liberal values

progressive values the first thing is to

be critical of where you are coming from

and understanding that that is not the

only perspective that is deemed correct

so first self check second dialogue not

monologue if you speak in terms of

languages and I’m not just talking about

English we’ll do right bikini bottom

reading about girls but yeah if free

words exist contain if your framework if

your framework is limited to this alone

or this alone then you’re getting

nowhere there’s a fourth circle here

which is the traditional values which in

this case is religious doesn’t matter

where this religious traditional values

of the community so what you need to do

is understand and empathize emotionally

intellectually what is going on when

people say I will kill you if you offend

me in that way what is going on

emotionally what is going on cognitively

what is going on intellectually what is

going on understand those resources we

have gone through dozens and dozens of

books of hips speech trying to

understand where does it come from

third synthesize Inderjeet indigenous

resources with contemporary ones by

contemporary I mean your own right so

you’ve got these treaties international

treaties that you sign with that that

are not an ordinary sitting does not

care about you do a normal surveying say

do you care that you sign on this human

rights treaties and you say no I don’t

even know what that is

you’ve got the Constitution that people

may not know about and you’ve got the

human rights framework if you are able

to synthesize indigenous cultural

symbols languages whether that is a

Shakir Sewell you know which is

vaporized now if your soul means

something violent in South Asia means

something peaceful in Turkey I think

about that why no one when I say I

should get a Sewell you’ll think you’ll

have a violent imagery but when you

think about it in Turkey you’re thinking

you know of all those dancing Sufis

what’s up with that because these are

products and derivatives of frame

works and cultural traditions lastly

deconstruct and reconstruct so what I’ll

do is I’ll give you an example and I’ll

say an Australian animation that

demonstrates an attempt a new attempt to

reconstruct deconstruct these discourses

now there is the architect of these

blasphemy laws his name is a advocate

it’s my declaration right he belongs to

a political party jamaat-e-islami this

this talk is completely political so I’m

just being very objective so in 80’s he

drafted the law and in the early 90s he

petitioned for the law to be declared as

God’s law and the federal court in 1991

explicitly for the first time declared

this is now divine our law now speaks

this has come from God himself huh so

that guy’s which Pakistani and my

parents are 21 standing right which is

strange right so my father sort of knew

this guy and I looked at his book and it

was four years ago five years ago after

Samantha’s he was shot and we were

looking at a long example this is one of

the most extreme wines and I looked at

his perspective right everyone’s got

perspective and what he’s relying on

most of the times is tradition so he’s

saying this this jurist named if now but

he said any kafir any kafir when salsa

probably killed right and any size this

is a screenshot of that future Coffee Co

Sabo Chatham which is blasphemy given a

sabotage multiple cuyahoga right and I

and I’ve read the original resource and

it said kafir Kosovo shut up giving us a

bath or hot nanny totally Allegra it

said the polar opposite right so I call

this guy up and said image marcus nami

snow and father is so I get to say that

and he was like sure come over I come

there and he gives me a two-minute hug

I’m like it’s really awkward because he

does not really know what I’m here for

but

he thinks I am this this next defender

of the law and he tells me everything

secrets that he did not want to tell me

I showed him this and I showed him the

resource the actual resource and he said

I said listen you’re basing your

petition on something that is factually

opposite the resource you’re giving to

the court says that not bad Mouse and

will not be killed he said I’m sure it

says that I can’t do it Arabic I say you

can’t read Arabic yeah I can’t but you

have sighted Arabic text which don’t

have translation in the court and given

to them to parliamentarians is that I

was told to so okay so this is the

translation done by I’m asleep what do

you think now would you reconsider your

position he said yeah sure but for now

the seculars want to change the law so

let’s make sure they don’t know it was

literally that fear that there is an

other coming over to change box nine to

something else and he refused to change

his mistake and there are dozens of them

including the fatwa that was given to

kill Salman Taseer himself which was

based on fabricated text changing Arabic

printing them are it goes beyond what

you can imagine them on a fabrication

that exists but because the progressive

societies and progressive communities

are not willing to lick look into those

frameworks and try understand what are

they drawing authority from they get

away with it I’m and it’s my Qureshi

continues to get away with it by the

time I was done he had told me how he

had called the prime minister he called

the judiciary and he’d rigged the whole

judgment and this is what we need to

reconsider on how to do this thing so

I’m gonna show you and I’m gonna show

you an animation and as an example I’m

gonna give you five five final words

after that I’ll tell ya okay so I’m

going to show you this animation after

this animation is I’m gonna give you a

few words

close attention especially the top left

ones right guys come on come on give

some close attention to this you might

[Music]

on the night of July 1986 members of the

National Assembly under Zell Huff’s

regime met at the Parliament house where

they moved to amend the blasphemy bill

to 95 c to include the death penalty

there were six parliamentarians who

primarily debated the exclusion of the

death penalty

Milana Gauhar Emma Hamza Nina Bosman

with Han Liaquat Baloch Vega Mossad

Fatima and size char ‘ our story begins

with mallanna go Herman stating the

punishment for insulting the Prophet is

death and there’s a consensus on the

matter

Mia Nawaz hon Minister for justice

proposes the amendment in favor of the

death penalty and states

whoever 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 find who used an emotional

appeal when he claimed that if we reject

this bill let’s keep in mind that two

hundred and fifty thousand people can

surround the Parliament mr. speaker we

will not ignore this threat

Hansa saw the lone voice of opposition

interjects to state that the Islamic

sources used to justify the death

penalty should be verified

he states that on the one hand we are

being told that this is a matter of

utmost importance yet we are not doing

justice to the issue by passing it so

hardly we should consult experts who can

help verify and improve the bill the

rava interjects we would have sent this

for consultation had there been any

differing opinions on the matter in this

case there’s an age Mahon it is ma means

consensus for agreement it is one of the

four recognized sources of Sony law

utilized where the Quran and Sunnah are

silent on a particular issue

hums REI trades at least adjourn the

session for a little while so that

everyone lawyers legislators political

and religious experts can go through the

bill and refine it to present its best

possible version the rod will Huck

interrupts again mr. Hamza they are most

certainly known to opinions on the

matter to prove the claim of a consensus

yzma the Parliament repeats its

existence throughout the proceedings

justifying the inclusion of the death

penalty there was a unanimous decision

there’s no difference of opinion on this

all schools of thought the entire Muslim

community has a consensus on this there

isn’t any need for debate there’s

consensus of Islam on this issue how

could you even think of the idea of

publicizing this there is not even one

dissenting opinion there’s not even the

tiniest bit of dissent on the matter no

one could have any dissent I could not

find a single dissenting opinions after

thorough investigation in all the

mattresses this cannot be sent for

publishing now the entire Muslim Ummah

has a consensus on this except for the

death sentence there is nothing else

there are no two opinions about this

matter the entire Ummah has a consensus

there are no two opinions on the matter

there is a consensus present it can’t be

sent for consultation at this point in

time it should not be sent for

consultation and should immediately be

passed our mr. hamza needs to change his

view moreover go her lemon and terrible

Huckabee provide five texts Islamic law

that proves the alleged consensus yzma

on the death penalty the Parliament

claims that if anemia in sorrow ensued

relates and asthma on killing anyone

human cells to profit in reality this

book cites Abu Hanifa as saying that a

non-muslim will not be killed for

insulting the Prophet the Parliament

claims that the scholars of Italian

imperii relate an itch mop on awarding

the death penalty that anyone who

insults the Prophet in reality these

scholars agree that non-muslims will not

be killed for insulting the Prophet the

Parliament claims that it never began

relates in asthma on awarding the death

anyone oneself the profit on the

contrary if my Abidine says that if the

individual in question is a non-muslim

he will not be killed for insulting the

Prophet the Parliament claims that they

have further verified from them

addresses that there is an issue

regarding the death penalty for anyone

who insults the Prophet inspecting a

Hadiya a seminal text on sana

jurisprudence taught at these with

Russell’s reveals the polar opposite

it states that insulting the Prophet is

disbelief since non-muslims are not

killed for their disbelief they will not

be killed for any addition in their

disbelief the Parliament claims that

appearance of Jeep in cefalu saloon

relates in his mouth on killing anyone

who insults the Prophet on the contrary

the book cites the Hanafi position if a

non-muslim in cells the Holy Prophet he

will not be punished by death a

non-muslim

is not killed for his disbelief or

polytheism these are bigger sins than

insulting the Prophet furthermore of the

Howey a foremost Hanafi scholar has also

clearly stated that if a non-muslim

commits blasphemy he will be given a

verbal warning if you repeat the offence

he will be punished but not killed the

truth is that every text cited by the

parliament to support claims of

consensus on capital punishment for

blasphemy reveals a caveat that

non-muslims will not be killed for

insulting the Prophet therefore it is

safe to say that contrary to what the

parliamentarians claimed this law does

not apply to non-muslims

ESMA consensus is a source of Islamic

law the parliament used

yzma as a source of law for the 295 seat

bill however we find that this is not is

non-existent for non-muslims does the

death penalty then really apply to

non-muslims cons Azad raises two main

concerns one there needs to be a proper

definition of what constitutes blasphemy

to people frivolously accuse one another

being guff is in order to settle trivial

matters through thorough debate on the

bill such situations can be avoided

however Chorale accuses hans assad what

you are suggesting is not a process of

legislation but a process of making an

atom bomb and hans assad is once again

silenced and so the motion to pass the

bill to include the death penalty was

adopted barring one

closing voice in a country where it

takes months and years to pass the most

mundane of laws it took only a few hours

to include the death penalty as a

punishment for insulting the Prophet can

we call this legislative process Islamic

can we call this legislative process

Democratic is this legislative process

not fabricating a Jamaat silence

dissenting voices is it not

misrepresenting an otherwise rich

Islamic tradition are these legislators

not insulting the very religion that

they claim to draw a thority from and

the people that they claim to represent

[Music]

I’ve taken a lot of time already but I

hope you guys could see a demonstration

of how deconstructing people frameworks

and ideas from their angle can help us

come up with a counter discourse that

can help change perspectives there’s an

order version of it but there are some

people who don’t understand we do that’s

why I put up the English version I’m

gonna finish up with just one thing they

decided minority who threatened us who

makes this all of a sudden there’s an

there’s a tension in this room the

people they’ve got guns but you have

words guns cannot change perspective words can and you guys can thank you

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