Inside Story – Pakistan’s Blasphemy Law

Pakistan’s blasphemy laws are in the spotlight once again – following the assassination of Salman Taseer last week. Is this law being misused? And is the conservative religious base taking over in this troubled country?

The Islamic Republic of Pakistan uses its Penal Code to prohibit and punish blasphemy against Islam. The Criminal Code provides penalties for blasphemy ranging from a fine to death. An accusation of blasphemy commonly subjects the accused, police, lawyers, and judges to harassment, threats, and attacks. An accusation is sometimes the prelude to vigilantism and rioting.

The Constitution

By its constitution, the official name of Pakistan is the “Islamic Republic of Pakistan.” More than 96% of Pakistan’s 167 million citizens (2008) are Muslims. Among countries with a Muslim-majority, Pakistan has the strictest anti-blasphemy laws.

The first purpose of those laws is to protect Islamic authority. By the constitution (Article 2), Islam is the state religion. By the constitution’s Article 31, it is the country’s duty to foster the Islamic way of life. By Article 33, it is the country’s duty to discourage parochial, racial, tribal, sectarian, and provincial prejudices among the citizens.

Judges need not be Muslim. Alvin Robert Cornelius, a Christian, was the Chief Justice of the Supreme Court of Pakistan in 1960. After General Zia-ul-Haq took power in the late 1970s, non-Muslim judges were very rare. In March 2007, a Hindu judge, Rana Bhagwandas, became the acting Chief Justice of Pakistan. In 2009, Jamshaid Rehmatullah, a Christian, became a judge of the High Court.