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Accusations of blasphemy must be backed by evidence, say Ulema

By Monitoring Report
February 03, 2017

KARACHI: Pakistan’s prominent scholars on Wednesday categorically stated that blasphemy was a sensitive issue but added that wrongly accusing someone of blasphemy was tantamount to committing blasphemy. Different scholars shared their opinions by saying that the accuser had to provide sufficient evidences to back their claims. Some people wrongly accuse others of blasphemy to fulfill their personal vendetta. This is as big a sin as committing blasphemy. Such accusations can put others’ lives in danger and can potentially create anarchy in the society.

While speaking in the Geo News’ programme ‘Aaj Shahzeb Khanzada Kay Sath’, famous religious scholar Mufti Taqi Usmani said that it was not just about the law of blasphemy but it was about each and every law. “If someone wrongly accuses another person of any crime or wrongdoing and that too without any proof or evidence, then it’s a big sin,” said the religious scholar. “Even if the accuser has good intentions, but if he is telling a lie and wrongly accusing someone of a crime or wrongdoing, then it’s just not done. On the other hand, if someone is trying to falsely accuse another person, then it’s even a bigger sin.”

The religious scholar said that these rules applied to all laws, not just the blasphemy law. Mufti Taqi Usmani made it clear that the accuser had to give sufficient evidences to prove claims of blasphemy against another person. “Blasphemy of the Holy Prophet (PBUH) is a big crime. If someone accuses another person of such a huge crime, then he has to prove his claims by providing related proofs,” the well-known scholar said. “If you have accused someone of a crime, especially blasphemy of the Holy Prophet Muhammad (PBUH), then it is obligatory to prove it by providing substantial evidences. There are no two opinions on this fact.”

While explaining his viewpoint on this sensitive issue, Allama Raghib Naeemi said that if someone used the Holy Prophet (PBUH)’s name to accuse someone of blasphemy, then it’s even a bigger crime and sin. He said that this grave act must be condemned as much as possible. “If blasphemy has been committed in front of someone, then it is important for that person to prove it, otherwise there is no need to use the name of our beloved Prophet (PBUH) to wrongly accuse someone,” he added. “Even after this if someone has done this mistake, then clearly law and Sharia have defined punishments for such acts. In Sharia, the court analyzes the severity of crime to give punishment to someone. On the other hand, the law imprisons a person who is involved in wrongly accusing someone of blasphemy.”

Allama Raghib Naeemi further said that this was the rule of Sharia if someone would accuse another person of blasphemy, then they were bound to provide substantial evidences to back their claims. “If the accuser is unable to prove his claims, then the accused is asked to accept his crime. If the accused has not committed blasphemy, he must swear and refuse the claims of accuser.”

On the whole, Allama Raghib Naeemi said that the accuser had to prove his claims. “It is important to analyze a situation a thousand time before accusing someone of blasphemy against religion. The accuser must confirm his claims before officially making a claim,” he said. “Nowadays, it’s difficult to identify the identity of people on social media. In this case, the government and government institutions must play a vital role to facilitate complete investigation of claims and only start the trial if claims of blasphemy have been proven right.”

Allama Raghib Naeemi lamented the present situation in Pakistan. He said that the countrymen had reached such a point that they never bothered to recheck a claim made on Facebook or Twitter. He said that people shared things without checking facts or without researching on their own. “I believe that people should realise their responsibilities and only share things after they have done research on their own. Accusing fellowmen without even thinking once can make their lives extremely difficult,” he said. “We have seen in our society in the past few years that the case of blasphemy against the Holy Prophet (PBUH) has been used unjustly, which is extremely unfair. The Holy Prophet (PBUH) has said that it was enough for a man to be a liar if he would pass on whatever he had heard without analysing it.”

In his closing remarks, he said that we must also avoid making claims against anyone that can potentially put their lives in danger.

Religious scholar Allama Amin Shaheedi said that Allah had clearly defined the rules for protection of Islam and the Holy Prophet (PBUH). “In Holy Quran and Hadith, there are clear obligations regarding people who resort to committing blasphemy against the Holy Prophet (PBUH) and they will get a dreadful punishment,” he said. “Similarly, if someone accuses another person of blasphemy and is not able to prove it, then the severity of punishment will also be alike. If a person who becomes a cause for an innocent’s death, then it is tantamount to the death of entire humanity.”

He shared that since the blasphemy laws had been introduced in Pakistan, a lot of people had started using them as a tool to take revenge from people. He shared: “A lot of innocent people have come under the grip of this issue in the past. Some people were persecuted as a result of such accusations by their fellowmen, some people were persecuted by the FIA and some people were sent to jail after such accusations were made against them. When those people came out of jails, they were not able to hold their heads high in the society.

“Even there is a consensus in the Council of Islamic Ideology that a law must be devised in which the accuser must be subject to similar treatment if he is unable to prove his claims against the accused,” he said. “It is the responsibility of the government to ensure the writ of law and the Constitution by bringing the accuser to the court and to conduct a fair trial against him.” He urged that it was the need of the hour to take this step in order to ensure that no innocent person was falsely accused or punished.

Allama Amin Shaheedi said that if a person abused another person and that person abused in return, then both of them had committed the same crime. He further said if the person who was abused had taken the  matter to the court and had proved it, then the situation would have been different. He further added: “On the other hand, if the abused person will take the matter to general public, then he can get varied reactions from a set of people. This clearly means that the abused person is taking a wrong step, which means that if by his actions a person loses his life, then the accuser will be held accountable or punished.”

Famous religious scholar Mufti Naeem said that blasphemy against the Holy Prophet (PBUH) was a serious issue and the only punishment in this case was death penalty. “If a person accuses another person and after accusing he is not able to prove that claim, then it’s even a bigger crime,” he declared. “In this way, anyone will stand up and accuse others of blasphemy against the Holy Prophet (PBUH) to take their revenge, ranging from personal differences to family differences.

“In this way, the law will be used in an unfair way and the consequences will be severe for the entire society. Anyone will stand up and accuse others of blasphemy and will demand to put that person behind the bars,” he said. “Blasphemy against the Holy Prophet (PBUH) is a crime, but accusing someone of blasphemy without any proof is an equally grave crime on moral, legal and religious grounds.”

He urged the government to take substantial steps to deal with this issue in order to curb this from roots. “This will help stopping such people to make unsubstantiated claims,” he said. “I remember how the late Junaid Jamshed was wrongly accused of blasphemy against the Holy Prophet (PBUH) and he stayed outside Pakistan for two years. He also stayed really worried when he was accused of blasphemy against other messengers of Allah. Then a case was also filed against him. I also believe that the police should remain really careful or the police should do their part of investigation before registering an FIR in this sensitive issue.”

Mufti Naeem said that in such cases it was important to be very careful on the media and social media before making claims or sharing such false claims. “It is gross injustice with another person. You end up destroying their whole lives by making such claims,” he said. He further said that the government should take measures to handle such people and claims otherwise the repercussions would be severe for the entire society. “People will start using this law unfairly. If a person has made a claim against another person, then he must also be able to prove that. On the other hand, the government should question that person and hold him accountable, legally,” he said. “In many cases, I have seen people registering FIR against another people for blasphemy, just because of family issues or taking personal revenge. They just think that we have an issue with this person, let’s just destroy their lives now so that they should be afraid to even face the world.”

In this case, Mufti Naeem shared the example of the late Salmaan Taseer. “If someone would come and kill him and his children, then who would be responsible for this infuriation,” he questioned. “This also happened. Whatever Mumtaz Qadri did was totally wrong and he took the responsibility of the government in his own hands, which is a crime. No one can take the government’s responsibility in their hands; otherwise everyone will start killing each other in this country and there will be chaos.”

Mufti Naeem further elaborated that accusing someone in a room and accusing someone in open media were totally different things. “Millions of people watch media channels and then make their minds about those situations,” he said. “In this regard, Pemra should take strict notice of such issues.”

In the end, the host of the show, Shahzeb Khanzada, said that blasphemy against religion and the Holy Prophet (PBUH) was a serious crime. “If someone commits blasphemy then he must be punished according to the law,” he concluded. “On the other hand, if someone wrongly accuses another person of blasphemy, without any substantial evidence, then he must also be dealt with severely.”