ALL MUSLIM INTELLECTUALS PLEASE READ CAREFULLY : BLASPHEMY LAWS AND SCHOLARSHIP

 

OutSyed The Box

Saturday, September 2, 2023

ALL MUSLIM INTELLECTUALS PLEASE READ CAREFULLY : BLASPHEMY LAWS AND SCHOLARSHIP

 

I have adapted the following (shortened and edited) from this opinion by one Faisal CK who is the Deputy Law Secretary to the Government of Kerala. The original article is here:

https://scroll.in/article/1054973/let-the-gods-defend-their-own-honour-why-blasphemy-is-an-outdated-concept-in-modern-democracies

 

‘Let the gods defend their own honour’ – why blasphemy is an outdated concept in modern democracies

Blasphemy protects the religion of the majority and is an anti-democratic concept.
By Faisal CK

 

 

Aug 16 mobs set ablaze Salvation Church, Saint Paul Church in Pakistan

ransacked and torched homes, leaving 3,000 residents displaced
In Pakistan 2,000 people accused of blasphemy since 1987, 84 killed 

 

idea of “blasphemy” long past expiry date
Blasphemy protects religion of dominant groups 
majoritarian and anti-democratic concept

“blasphemy” a reality – with deadly consequences – in  South Asia.

Bangladesh’s Penal Code, Sect 295 to 298 blasphemy law  
prosecution of religious criticism and offences
Jamaat-e-Islami unsuccessfully pushed for death penalty for blasphemy
blasphemy allegations led to killings in Bangladesh

 

2017 Mauritania strengthened blasphemy to include capital punishment 
Afghanistan, Iran, Nigeria, Pakistan, Saudi Arabia, Somalia death for blasphemy

Blasphemy is rarely religious, more politics and often sex
Gods and kings support each other and demand reverence  
Bible enjoins: “You shall not blaspheme God or curse a leader of your people” (Exodus 22:28). 

One person’s truth is often another person’s blasphemy.
western countries abolished blasphemy: 
Denmark 2017, Canada 2018, New Zealand 2019. 
in 1949 English judge Tom Denning said blasphemy was a “dead letter”.

deorum injuriae diis curae – let the gods defend their own honour
presumptuous, impertinent for weak men to defend god. 
It is time to stop shedding human blood for god’s vanity

Faisal CK is Deputy Law Secretary to the Government of Kerala. Views are personal.

 

My Comments :

This story here is very simple. These are the so called Blasphemy Laws. In other countries they are camouflaged under aqidah laws, shariah enactments, apostasy laws (murtad) etc.

The idea is the same : if any Muslim professes a belief not agreeable to the ruling sectarian orthodoxy or the majority sectarian orthodoxy in that country then such a person can suffer State sanctioned hatred and violence against him. Meaning he can be vilified, arrested, charged in some type of justice system, jailed, fined, whipped or even killed. All done by the State using the enforcement and police powers of the State. Also known as State sanctioned use of violence. 

In the Quran there is not a single prescription of any kind of punishment for rejecting  belief and becoming a kafir. 

Instead the Quran says the following:

Surah 4:137   إِنَّ ٱلَّذِينَ ءَامَنُوا۟ ثُمَّ كَفَرُوا۟ ثُمَّ ءَامَنُوا۟ ثُمَّ كَفَرُوا۟ ثُمَّ ٱزْدَادُوا۟ كُفْرًۭا لَّمْ يَكُنِ ٱللَّهُ لِيَغْفِرَ لَهُمْ وَلَا لِيَهْدِيَهُمْ سَبِيلًۢا

Surah 4:137 Surely those who believe, then disbelieve (kafir), then believe, then disbelieve (kafir) then increase in disbelief (kafir) - Allah will not forgive them nor guide them on the way.

Obviously a person has to be alive to  "believe, then kafir, then believe, then  kafir, then increase in kafir . . " 

If he is to be killed after his first act of kafir or disbelief then the rest of the verse above will be not necessary. But on the contrary the rest of Surah 4:137 is very necessary. Hence in Surah 4:137 above we cannot see any punishment prescribed for a person who leaves belief and becomes a kafir.   Allah will not guide such a person or show him the way - a terrible fate indeed.

Blasphemy and scholarship.

The blasphemy laws have a more significant impact on the entire spectrum of Islamic scholarship.

The same blasphemy laws, shariah enactments, aqidah laws, apostasy laws etc that apply to the ordinary Muslim also apply to all Islamic scholars. 

Any Islamic scholarship must be bound by whatever sectarian orthodoxy is dominant in that country. Otherwise if an Islamic scholar undertakes research not in keeping with the sectarian orthodoxy that is dominant in his country that scholar suffers the risk of being punished with committing a crime.

For example there was the case of :

"Nasr Abu Zayd case. Zayd's academic work on the Qur'an led to a lawsuit against him by conservative Muslim scholars. The subsequent hisbah trial led to him being declared an apostate (murtad) by an Egyptian court"

Zayd thought he was doing academic research but the rest of the orthodoxy in Egypt said he was a deviant - and legally declared him an apostate.

I have no idea what Nasr Abu Zayd said. The point is that here is a real example where Islamic academic research which did not meet with the approval of the sectarian orthodoxy in Egypt was criminalised.  The researcher was taken to Court and declared an apostate.

So it depends on what orthodoxy prevails in your country. Salafism / Wahabism in Saudi Arabia (dont know about now), Shiaism in Iran, Hanafi Sunnism in Pakistan etc.  If it does not follow the orthodoxy, even academic research can land the scholars in serious trouble.

So the next question that comes up is how robust is the academic scholarship when the "incorrect" scholarship can make you a criminal? You dont just have to worry about your CGPA but you must toe the line of the orthodoxy very carefully.