Pakistan: Wheels Of Justice Betray the Absurdity of Islamic Law

Choosing Between

 Scripture and Common Law 

the Devil and The Deep Blue Sea

Express Tribune

Published: January 4, 2012

The self-confessed assassin appealed his death sentence which lies before IHC. 

RAWALPINDI: 

A cold-blooded murder in broad daylight, a self-confessed assassin in custody, but a year on, former Punjab governor Salmaan Taseer’s assassination is not a resolved chapter.

After a ten month long trial, the self-confessed assassin, Mumtaz Qadri, was awarded death sentenced by the Anti-Terrorism Court on October 1, 2011.

The trial judge, Syed Pervaiz Ali Shah, observed in his verdict that while a ‘blasphemer’ is wajibul qatl (deemed to be killed), and can only be forgiven by the Prophet Muhammad (PBUH) himself, the case raised two major questions.

First, who declares one a blasphemer, and two, if one is declared as such, who will execute them?

The judge decreed that individuals cannot be given the authority to determine a person a blasphemer, infidel or non-Muslim.

Besides, individuals cannot be allowed to execute the punishment because it would pave the way for anarchy and turmoil in society, the judge added.

The judge also rejected Qadri’s defence of acting on sudden provocation.

“The statements of the governor about blasphemy laws were published in 2010 and the murder was committed on January 4, 2011,” the judge observed.

“Further it was not the plea of the accused that the deceased made these remarks in his presence. The accused himself put a provocative question to Taseer as he was coming out of restaurant and it was not the deceased who provoked the killer,” the judge added.

The conviction sparked countrywide protests by Qadri’s supporters, and in Rawalpindi, lawyers of district bar association forced the Lahore High Court (LHC) chief justice to transfer Shah, the trial judge.

Appeal pending

Qadri, represented by former LHC chief justice Khawaja Muhammad Sharif, appealed his conviction at the Islamabad High Court (IHC).

The court admitted the appeal for regular hearing on October 12, 2011.

Qadri, in his appeal, has argued that he did not commit a murder but killed a blasphemer and that the Anti-Terrorism Court (ATC) could not grant him death sentence for murdering an individual.

His lawyers have further argued that the trial court, while handing down death sentence on two counts to Qadri, avoided Islamic jurisprudence laws.

They have further maintained that the ATC in Rawalpindi was not legally allowed to conduct the trial of the former constable in Adiala jail, since he did not commit any offence related to terrorism.

Waiting To Die In The Islamic Republic Of Pakistan

Crossrythms

Release International calls for Christian woman facing death sentence in Pakistan to be set free and for blasphemy laws to be repealed

It's a year since illiterate farm labourer Asia Bibi became the first woman in Pakistan to be sentenced to death under the country's notorious blasphemy laws. Since then, Asia has been confined to a tiny cell near Lahore, not knowing what will claim her life - the noose, or the militants who have threatened to kill her.

One cleric has offered a reward of 500,000 rupees - about £4,000 - for the person who puts her to death. Extremists have threatened to blow her up in prison, and her husband and children have been forced to go into hiding. Asia is in her mid-40s.

'Pakistan must set Asia Bibi free and protect her life from vigilantes,' says Andy Dipper, the CEO of Release International, a ministry to the persecuted church. 'And Pakistan must repeal this terrible law that has been used like a weapon to target Christians and other innocent people.'

Asia Bibi is a victim of Pakistan's blasphemy code, which was revived to implement sharia law in the Islamic republic. The accusation of blasphemy alone has been used to settle scores and to take out commercial rivals, imprisoning them or making them prey to vigilantes.

Politicians who oppose the laws have been murdered. The governor of Punjab, Salman Taseer, was killed in January by his own bodyguard for calling for Asia's release and for the repeal of the blasphemy laws. And within two months the minister of religious minorities, Shahbaz Bhatti, a Christian, was assassinated for the same reason.

Asia Bibi found herself accused of blasphemy after a dispute with her Muslim co-workers. Some of the women had been putting her under pressure to renounce her Christian faith and accept Islam. Asia responded by sharing her faith in Christ.

Asia was then beaten and threatened by a mob before being taken into protective custody. On June 14 2009 she was accused of uttering blasphemies against the prophet Mohammed - a charge Asia has always denied - and in November 2010 she was sentenced to death.

She has appealed against execution. If the High Court upholds the death sentence Asia Bibi will be the first woman in Pakistan to be legally killed for blasphemy.

'In previous cases, the death sentence has not been carried out,' said Andy Dipper of Release International, 'but this could well mean a life sentence for Asia in appalling conditions.' She is currently held in isolation in a secure cell.

Release International has called for an end to the blasphemy laws and this year presented a 51,000-name petition to the Pakistan High Commissioner in London calling for religious freedom. Mr Wajid Shamsul Hasan said, 'We share your concerns, and we will do our utmost in the best possible way to provide security for the minorities and to alleviate their sufferings.'

'Please pray for Asia Bibi,' said Andy Dipper. 'Pray that God will comfort and strengthen her. And pray that Pakistan will put an end to these deeply unjust blasphemy laws that have been used to target Christians and others in acts of revenge.'

Release partners VOM-USA have created an online petition to free Asia Bibi. Since its launch in August, it has been signed by more than 300,000 people. It can be signed online at www.CallForMercy.com. 

Blasphemy: Silence is Golden