“ The Bared sword upon the neck of the Blasphemer of Rasool Allah”: Defending Article 295-C

[Sugarcane]

Thanks to General Zia, who enacted new laws that contrary to the previous blasphemy laws (that addressed ‘all religious beliefs’), were specific to ‘particular religious beliefs’ and no law was enunciated to provide a remedy to the non-Muslims from any act of other citizens that might hurt their religious feelings.

From 1947-1979, not even a single case was filed for defiling of the Holy Quran or defamation of the Holy Prophet pbuh by anyone (Muslim or Non Muslim), then why did Zia find it necessary to enact this law in the first place ?? Most probably to gain public support for his illegitimate rule by stirring and arousing religious sentiment within Muslims (i.e 97% of Pakistani population)

Well Zia is long gone, we can't achieve anything by wasting time on cursing him. Mullahs will not let you make any change in 295B & 295C but you can make the penalty of 295 same as 295B and 295A same as 295C and add 295D to give same penalty for making false accusations. That's the best you can do for now.

 

[M. Sarmad]

Does Ibn e Aberdeen Shami negate the punishment of death to a blasphemer? The issue of repentance is secondary. You accept Ibne Abideens view that If a person doesn't repent his punishment is death? Please dont try to mix up things

Pakistan's blasphemy laws mandate the death penalty ... Hanafi position is that Blasphemy is a pardonable offence .. Do you not see the difference ???

 

[Mutakalim]

Pakistan's blasphemy laws mandate the death penalty ... Hanafi position is that Blasphemy is a pardonable offence .. Do you not see the difference ???

You accept that blasphemy is an offense?
"The article only discusses the legitimacy of Capital punishment to a person whose blasphemy has been established."
Discussion of repentance is intentionally excluded from the article.

 

[M. Sarmad]

You accept that blasphemy is an offense?
"The article only discusses the legitimacy of Capital punishment to a person whose blasphemy has been established."

Bro, do you even know what is the Federal Shariat Court's interpretation of 295 C ?? Here you are trying to defend 295 C which mandates death penalty for all blasphemers ... There is a huge difference between death penalty as the last option (i.e. the Hanafi Position) and death penalty as the only option (as in 295 C) .. Do you get it now ?

We were much more tolerant a 1000 years ago when even Muslim men guilty of blasphemy were pardoned and their "repentance" was accepted ........ as compared to the 21st century when we award irrevocable death sentence even to Non Muslim women over single alleged utterance of blasphemy (e.g Aasia Bibi case) despite pleading not guilty, and even repeated apologies ......

 

[Mutakalim]

Bro, do you even know what is the Federal Shariat Court's interpretation of 295 C ?? Here you are trying to defend 295 C which mandates death penalty for all blasphemers ... There is a huge difference between death penalty as the last option (i.e. the Hanafi Position) and death penalty as the only option (as in 295 C) .. Do you get it now ?

I am getting your point completely. You are basing your argument on Hanafi scholars and at the same time arguing on their single point and completely disregarding the other point. If you want to argue on Hanafi position then you should also accept the whole Hanafi position. My question to you is simple "Are you accepting the Hanafi position?

 

[M. Sarmad]

I am getting your point completely. You are basing your argument on Hanafi scholars and at the same time arguing on their single point and completely disregarding the other point. If you want to argue on Hanafi position then you should also accept the whole Hanafi position. My question to you is simple "Are you accepting the Hanafi position?

It's not about what "I" believe in, or what I accept (or reject) ... I am just telling you that your argument in the OP (that a mandatory death penalty for blasphemy as in 295 C is supported by the Holy Quran, Hadith, and the Consensus of Ulama) is absolutely baseless

We have discussed Quran and Hadith .. There is not a single verse in the Holy Quran that prescribes any worldly punishment (let alone capital punishment) for blasphemy .. There is no Sahih Hadith that tells us to kill all blasphemers.

And now I am trying to tell you that there never has been a consensus among great Ulama of the past that death penalty is mandatory for blasphemers. 295 C is in line with the Hanbali school of jurisprudence only, followed by a small minority (almost 2%) of Muslims worldwide (mainly in Saudi Arabia) and is in contradiction with the position held by all other schools of Islamic jurisprudence. And I am arguing on the Hanafi position because up to 70% of Pakistanis are Hanafi.

 

[Mutakalim]

It's not about what "I" believe in, or what I accept (or reject) ... I am just telling you that your argument in the OP (that a mandatory death penalty for blasphemy as in 295 C is supported by the Holy Quran, Hadith, and the Consensus of Ulama) is absolutely baseless

Your claim is baseless and distortion of facts.

We have discussed Quran and Hadith ..

To no conclusion.

There is not a single verse in the Holy Quran that prescribes any worldly punishment (let alone capital punishment) for blasphemy ..

Capital punishment of blasphemer whose blasphemy has been established is derived from Quran and clearly described in Hadith.

And now I am trying to tell you that there never has been a consensus among great Ulama of the past that death penalty is mandatory for blasphemers.

There has never been a difference of opinion on death sentence of a person who has committed blasphemy. Only one school of thought (Hanfi) has allowed the blasphemer to repent. If the person doesn't repent he will be punished with death sentence. Don't try to distort facts by clinging to a secondary issue.
I repeat, there is no difference of opinion on the fact that Blasphemer of Rasool Allah is Kafir and his punishment is death.

 

[Cherokee]

Bare Sword on the neck of all who eat rasool cow . what the world is coming to these days .

 

[Safriz]

I support Blasphemy law and capital punishment in Pakistan for Blasphemy if proved in the court.
The law should remain unchanged.

 

[James-bond]

Well, your country your rules, instead of long essays,Ambiguity and confusion change sections in judiciary like 'Any one making movies on prophet ....Cartoons on Mohammad .... Burning quran ... will be hanged by law instead mob-justice'.

Matter finish

 

[M. Sarmad]

To no conclusion.

Bro, you have not been able to quote a single verse from the Holy Qur'an or any Sahih Hadith to prove your assertion ( that is: The Holy Qur'an and Hadith prescribe a mandatory death penalty for blasphemers.) All you have posted so far is the opinion (and misinterpretation of the original religious texts) of a few controversial medieval Muslim scholars. Of course you are free to follow anyone you want, But please don't present opinions of those whom you follow as "Quran and Hadith" ...

Capital punishment of blasphemer whose blasphemy has been established is derived from Quran and clearly described in Hadith.

Not true ... Capital Punishment of only those blasphemers is derived from the Holy Qur'an and Sunnah who waged war against Muslims and spread fitnah/fasad ... No punishment for blasphemy itself has been prescribed in the Holy Qur'an (or even Sahih Hadith )

There has never been a difference of opinion on death sentence of a person who has committed blasphemy. Only one school of thought (Hanfi) has allowed the blasphemer to repent. If the person doesn't repent he will be punished with death sentence. Don't try to distort facts by clinging to a secondary issue.
I repeat, there is no difference of opinion on the fact that Blasphemer of Rasool Allah is Kafir and his punishment is death.

Wrong again ... Blasphemy is a pardonable offence as per Hanafi and Shafii schools of Islamic jurisprudence. Even the Maliki school, unlike 295 C, does not prescribe death penalty for women. Our current blasphemy laws are in line with Hanbali/Wahhabi interpretation only ...


Fasad/Fitnah is punishable by death .... Single and isolated utterances of blasphemy (i.e. Blasphemy itself) has never been considered Fitnah by the majority of ulama

So please stop spreading misinformation

 

[Zarvan]

Bro, you have not been able to quote a single verse from the Holy Qur'an or any Sahih Hadith to prove your assertion ( that is: The Holy Qur'an and Hadith prescribe a mandatory death penalty for blasphemers.) All you have posted so far is the opinion (and misinterpretation of the original religious texts) of a few controversial medieval Muslim scholars. Of course you are free to follow anyone you want, But please don't present opinions of those whom you follow as "Quran and Hadith" ...



Not true ... Capital Punishment of only those blasphemers is derived from the Holy Qur'an and Sunnah who waged war against Muslims and spread fitnah/fasad ... No punishment for blasphemy itself has been prescribed in the Holy Qur'an (or even Sahih Hadith )

It have been. Those people were killed for Blasphemy nothing else. Not only people were punished in life of RASOOL SAW but also 4 Caliphs.

Pakistan's blasphemy laws mandate the death penalty ... Hanafi position is that Blasphemy is a pardonable offence .. Do you not see the difference ???

That is opinion of Imam Abu Hanifa but both of his students disagree with him and there is one major rule in Hanafi Fiqh that if those students saying something else on a issue than Imam Abu Hanifa than there ruling will be accepted and by the way modern Hanfis all agree with Imam Ibn Taymmiyah on this

 

[Mutakalim]

Bro, you have not been able to quote a single verse from the Holy Qur'an or any Sahih Hadith to prove your assertion ( that is: The Holy Qur'an and Hadith prescribe a mandatory death penalty for blasphemers.) All you have posted so far is the opinion (and misinterpretation of the original religious texts) of a few controversial medieval Muslim scholars. Of course you are free to follow anyone you want, But please don't present opinions of those whom you follow as "Quran and Hadith" ...



Not true ... Capital Punishment of only those blasphemers is derived from the Holy Qur'an and Sunnah who waged war against Muslims and spread fitnah/fasad ... No punishment for blasphemy itself has been prescribed in the Holy Qur'an (or even Sahih Hadith )

Support your assertions with Quotes of scholars who completely negated capital punishment for the blasphemer.

Wrong again ... Blasphemy is a pardonable offence as per Hanafi and Shafii schools of Islamic jurisprudence. Even the Maliki school, unlike 295 C, does not prescribe death penalty for women. Our current blasphemy laws are in line with Hanbali/Wahhabi interpretation only ...

Blasphemy is an offense whose punishment is death according to all Schools of Islamic Jurisprudence. There has never been any dispute on this issue. Regarding your claim of shafai jurisprudence, you didn't provide a single reference. Don't try to link everyone to your wrong assertions. The evidence is provided negate each of them your opinion holds no value.
Don't know how you included Malki school. Do we, have to believe you on face value.

To some people these scholars are controversial medieval scholars while men like Ghamdi are credible.
Hafiz saadi, Sana Ullah Panipati, Ibn e Hamam, imam Muhammad bin Ishaq, Imam Abu Daood, Imam Ahmad bin Hanbal, Ibne Munzar, Allama Ismail Haqi

 

[M. Sarmad]

Support your assertions with Quotes of scholars who completely negated capital punishment for the blasphemer.

Let me remind you once again that you are the one taking an affirmative position, you are the one making a claim that the Holy Quran (and Sahih Hadith) prescribes a mandatory death penalty for blasphemy. So, the burden of proof lies with you. Please quote any Quranic verse or Sahih Hadith that says "Blasphemers have to be killed" ...... We have already posted clear Quranic verses in which Allah has told us to ignore the blasphemers and leave it to Allah almighty to decide their fate.

Blasphemy is an offense whose punishment is death according to all Schools of Islamic Jurisprudence. There has never been any dispute on this issue. Regarding your claim of shafai jurisprudence, you didn't provide a single reference. Don't try to link everyone to your wrong assertions. The evidence is provided negate each of them your opinion holds no value.
Don't know how you included Malki school. Do we, have to believe you on face value.

Again, I don't have to negate anything, You have to prove what you are asserting ...

And Bro, You don't even know the basics, and that what position is held by different schools of Islamic jurisprudence (other than Wahhabi/Hanbali) regarding punishment for blasphemers and here you are trying to "advocate" violence and murder, that too in the name of Quran and Hadith ?? Kuch to Allah se daro bhai ........

That is opinion of Imam Abu Hanifa but both of his students disagree with him and there is one major rule in Hanafi Fiqh that if those students saying something else on a issue than Imam Abu Hanifa than there ruling will be accepted and by the way modern Hanfis all agree with Imam Ibn Taymmiyah on this

Imam Abu Hanifa's position has been accepted by almost all great Hanafi scholars (including the founders of Barelvi and Deobandi schools of thought in India, and even by the likes of Maududi) ... And I seriously doubt that if any educated and informed Sunni would agree with Ibn Taymiyyah on anything ...

 

[Mutakalim]

Let me remind you once again that you are the one taking an affirmative position, you are the one making a claim that the Holy Quran (and Sahih Hadith) prescribes a mandatory death penalty for blasphemy. So, the burden of proof lies with you. Please quote any Quranic verse or Sahih Hadith that says "Blasphemers have to be killed" ......

Let me remind you again. I have quoted enough prove that you didn't able to negate. Negate proofs provided by me then I will listen to your assertions.

. We have already posted clear Quranic verses in which Allah has told us to ignore the blasphemers and leave it to Allah almighty to decide their fate.

Refer to OP.

And Bro, You don't even know the basics, and that what position is held by different schools of Islamic jurisprudence (other than Wahhabi/Hanbali)

Thank God, I didn't have to learn anything from you people. I believe (by seeing and observing this forum) that the biggest fitnah which is going to engulf Aqaid e Ahle Sunnat is Fitna of Liberal/Secular extremism. If a personality like Aala Hazrat didn't come to rescue then there are fair chances that we may forget what Wahabism has done to Islam.

here you are trying to "advocate" violence and murder, that too in the name of Quran and Hadith

Why don't you come openly and declare all Ahl e Sunnat excluding Ghamdi as extremist?

?? Kuch to Allah se daro bhai ........

Allah se un logon ko darna chahiye jo Gustakhon ko Khuli chuti dena chahte hain k Jo G main aae Karo tmhen koi ni poche ga. Aaj Rasool Allah ki Hurmat pe Hamle karo Kal ko Ahl e Baat ki Izat pe Hamle Karna. Madar Pidar Azadi

And I seriously doubt that if any educated and informed Sunni would agree with Ibn Taymiyyah on anything ...

You should read Peer Mehar Ali shah comments on Ibn e Taimiyah.