THREAD: In light of the heartbreaking verdict in Junaid Hafeez's case, it's important to remember that Pakistan's blasphemy law, specifically 295-C, was passed on the basis of a lie: important sources of Islamic jurisprudence were deliberately MISQUOTED to pass this law-
The initial bill for 295-C only contained life imprisonment as the punishment for blasphemy, the death penalty was penciled in on the insistence of parliamentarians who insisted that there was an ijma (consensus of Islamic scholars) that the only punishment for blasphemy is death
The texts quoted in parliament establish the opposite. Most importantly, there is a consensus of Imam Abu Hanifa and his students that non-Muslims CANNOT be given the death penalty for blasphemy & that Muslim blasphemers should be treated as apostates (& given chance for pardon)
Hanafi scholars agree that only deliberate and repetitive instances of blasphemy should be punished. This means that Pakistan's blasphemy law is NOT in line with the developed Islamic jurisprudence on the subject and that there is room for reform from WITHIN the Islamic tradition
To see a thorough explanation of what happened in parliament on the day 295-C was passed (and all the Islamic sources that were misquoted), please watch this video: https://www.facebook.com/neverforgetpk/videos/783816971756425/
When 295-C was reviewed in the Federal Shariat Court the FSC removed the possibility of life imprisonment & ruled that the ONLY punishment for blasphemy was death despite the fact that 4 out of 7 ulema consulted by the FSC said there was NO ijma on the deaht penalty for blasphemy
Maulana Maududi (the founder of Jamaat-e-Islami), Ahmad Raza Khan Barelvi (the head of the Barelvi sect), and Mahmood Hassan Deobandi (the head of the Deoband sect) ALL agree that blasphemy can be pardoned & that the death penalty cannot be given for single offenses
The narrative of mob violence/refusal to amend the blasphemy laws is that blasphemers are wajib-ul-qatl & that this is a divine law-this research shows that even within the Islamic tradition there is room for debate & reform that has been DELIBERATELY erased from public discourse
To understand the way Islamic sources have been deliberately misrepresented to pass the blasphemy law, read our full report with ALL original references ( http://engagepakistan.com/engage/ ) or this condensed four part series in dawn: ( https://www.dawn.com/authors/3757/arafat-mazhar)
its also crucial to understand that we must hold a principled position. its not just misuse or lack of fair trial. the substance of the law must be put to question including FSC's judgement. room for reprieve and pardon for someone whose life is in balance
also please do read through the report. tweets lack nuance. its important that people know we are claiming and what we are NOT claiming.
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