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 Blasphemy laws of Pakistan are not Islamic laws  [hudood/ laws given by Allah and Prophet(SAW)].

(part 1)

There's no law (hudood) given by Allah for blasphemy and also there's no single Sahih (authentic) hadith which refers to law regarding blasphemy . Allah is responsible for giving punishment to such a person who abuse, molest Prophet(SAW) . But Allah have told Muslims, how to deal with a such a person in Surah Tawbah, verse 61:

Among them are men who molest/abuse the Prophet and say, "He is (all) ear." Say, "He listens to what is best for you: he believes in Allah, has faith in the Believers, and is a Mercy to those of you who believe." But those who molest the Messenger will have a grievous penalty.

9:61

Surely, those who annoy Allah and His Messenger are cursed by Allah in this world and in the Hereafter, and He has prepared for them a humiliating punishment.

 33:57

Allah have ordered muslims not to abuse/revile any others who worship anyone other than Allah:

Do not revile those whom they invoke other than Allah, lest they should revile Allah in transgression without having knowledge. This is how We have made the deeds of every community attractive in their sight. Then, to their Lord is their return, after which He shall tell them what they used to do. 

So called muslims who do any act other than, what Allah didn't allow to do and Prophet (SAW) didn't do is bidah (not part of islam) and if someone is doing extra judicial killings, he's responsible for Fitna (religious persecution/ anarchy) in Society.

Extra judicial killings is spreading Fitna and blasphemy law is one of those which isn't islamic law but are colonial laws in Pakistan and Tazir law (judge made law) . Blasphemy laws made by muslim jurists are part of Tazir laws which allow chance to any person who did blasemphy to apologize and if they do apologize , theirs no penalty on them.

Blasphemy laws are not part of Islamic laws[laws in Quran and Sunnah] and also not part of Tazir laws for non muslims according to Hanafi Madhab. (Part 2)

The founder of Hanafi School, Abu Hanifa notes:


‘If a dhimmi (non-Muslim) insults the Holy Prophet, he will not be killed as punishment. A non-Muslim is not killed for his kufr (denying the Prophet) or shirk (polytheistic beliefs). Kufr/Shirk are bigger sins then sabb e rasool. – (Therefore non-Muslims will not be killed for sabb e rasool.)’ [Al Saif al Maslool]


Further, Abu al-Husayn Ahmad al-Quduri:


‘Non-Muslims insult Allah and say that He has a son and the Zoroastrians say He has an “opposite.” This does not break their covenant of security, therefore the same applies to insult of the prophet PBUH.’

[Al-Tajrid]


Ali ibn Abi Bakr al-Marghinani in Al Hidaya (which is taught all over Pakistan in Hanafi seminaries) states:


‘Insulting the prophet is kufr/disbelief. Since the non-Muslims are not killed for their disbelief, they will not be killed for any addition in their disbelief.’

[Al-Hidaya]


In fact, Tahawi goes on to prescribe a verbal warning as an appropriate punishment for an offending non-Muslim:


‘If a non-Muslim commits blasphemy, he will be given a verbal warning. If he repeats the offense, he will be punished but not killed.’  

[Mukhtasar al Tahawi]


It is ironic, then, that people believe that to not kill a non-Muslim blasphemer – and even to advocate for his/her life – is tantamount to blasphemy itself.


 Narrative was wrong, and based on a completely erroneous reading of Imam Abu Hanifa’s position on blasphemy by the 14th century scholar, al-Bazzazi. This misattribution was subsequently used by Ismaeel Qureshi in framing Pakistan’s blasphemy law.


Yet, even in al-Bazzazi’s incorrect reading of Abu Hanifa, he was still only talking about the death penalty with respect to Muslim blasphemers. 

This means that the origin of the current narrative against non-Muslim blasphemers rests on uncertain foundations.


In framing Pakistan’s blasphemy law, Advocate Ismaeel Qureshi made two grave errors:


He referred to the erroneous stance put forth by al-Bazzazi prescribing a fixed death penalty for Muslim offenders (and misattributed it to another jurist).


In order to indiscriminately apply the jurisprudence to Muslims and non-Muslims, Ismaeel Qureshi takes the quote and replaces the word Muslim with “Kafir” so that the death penalty can be applied to non-Muslims as well.


The original quote built off the misreading:


“A Muslim blasphemer of the prophet PBUH will be killed under hudd and his pardon won’t be acceptable.” – (Ibn Abidin, Kitab al Jihad, Bab al Murtad)


Which Ismaeel Qureshi changed to:


“A kafir blasphemer of the prophet PBUH will be killed under hudd and his pardon won’t be acceptable.” – (Ibn Abidin, Kitab al Jihad, Bab al Murtad)


Actual Quote of Bazzazi’s misreading:


مسلمان کو سب و شتم النبی ﷺ کی وجہ سے بطور حد قتل کیا جاے گا اور اس کی توبہ قبول نہی کی جاے گی کیونکہ حد توبہ سے ساقط نہیں ہوتی۔

Modified quote of Bazzazi’s misreading:


کافر کو سب و شتم النبی ﷺ کی وجہ سے بطور حد قتل کیا جاے گا اور اس کی توبہ قبول نہی کی جاے گی کیونکہ حد توبہ سے ساقط نہیں ہوتی۔

The result: An erroneous extension of an already false prescription (fixed death penalty) for Muslims, to non-Muslim offenders as well. (1st pic) 



Excerpt from Arabic version of Fatawa-e-Alamgiriyyah:


ومن امتنع من أداء الجزية أو قتل مسلما أو زني بمسلمة أو سب النبي صلي الله عليه وسلم لم ينقض عهده

Further in 1991, the Federal Shariat Court, in a judgement applying to both Muslims and non-Muslims, cited Abu Bakr al-Jassas al-Razi’s position of a death penalty for blasphemers, while ignoring the same author’s prohibition on killing non-Muslim blasphemers.

(2nd pic) 



Scanned Arabic excerpt from Sharh Mukhtasar al Tahawi by al-Jassas:


English Translation: 'Whoever insults the Prophet, non-Muslims will not be given a death punishment.


Why this misconception started by when Ibn e Tehmiya claimed in his book that there's concensus on blasphemy by all imams which many scholars after Ibn e Taymiyyah denounced his claim about consensus.


Translation: “There is a general consensus amongst scholars that he who insults the Prophet PBUH will be killed as *hudd. This has been endorsed by Imam Malik, Imam Laith, Imam Ahmad, Imam Ishaq and Imam Shafi has the same position …… and Abu Bakr Farsi quotes Imam Shafi on the general consensus of Muslims on death penalty to blasphemers.”

(3rd Pic) 



(hiden view of Imam abu Hanifa, in dotted part)


Translation: “Abu Hanifa differs and states that a non-Muslim will not be killed for blasphemy. Shirk is a greater sin (and we do not kill him for that).”

(4th pic) 


"قال ابن المنذر: "أجمع عوام أهل العلم أن من سب النبي صلي الله عليه وسلم القتل، وممن قاله مالك والليث وأحمد وإسحاق، وهو مذهب الشافعي". قال: "وحكي عن النعمان: لا يقتل-يعني الذمي-ما هم عليه من الشرك أعظم". وقد حكي أبو بكر الفارسي۔۔

“There is a general consensus amongst scholars that he who insults the Prophet PBUH will be killed. This has been endorsed by Imam Malik, Imam Laith, Imam Ahmad, Imam Ishaq and Imam Shafi has the same position. However, Abu Hanifa differs and states that a non-Muslim will not be killed for blasphemy. Shirk is a greater sin (and we do not kill him for that). Abu Bakr Farsi quotes Imam Shafi on the general consensus of Muslim.

(4th pic) 



Ashraf Ali Thanawi, arguably the most popular 20th century jurist from South Asia remarks:


A feeling of dishonour ('bey-gharati') is natural when I think of Hanafi tradition on non-Muslim blasphemers i.e. they will not be killed for it. Then God puts in my heart the thought that Abu Hanifa (who prohibited the death penalty for non-Muslim offenders) has more honour/ghairat than us. [Malfoozat e Hakeem ul Ummat, Vol. 26]


Similarly, Qasim Ibn Qutlūbughā warned jurists against letting emotions dictate the law:


“Although our hearts tilt towards a strict punishment to the non-Muslim blasphemers, we must not pay heed to it.” (Ibn Abidin, Tanbih al-wulat wa’l hukkam ‘ala Ahkam Shatimi Khar al-anami aw ahadi ashabihi’l kiram)

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Salaam , everyone.