Analyzing Criticism on Pakistan’s Blasphemy Law

Abstract

Pakistan’s blasphemy law (Chapter XVI of the Pakistan Penal Code 1869) particularly the provisions added during the regime of General Muhammad Zia-ul-Haq (sections 295-B, 295-C, 298-A, 298-B and 298-C), has been criticized from various perspectives. Some critics deem it the cause of mob violence in Pakistan; others consider it to be the driving force behind extrajudicial killings; still others believe that the law is very strict on persons facing psychological problems. Some scholars have opined that some aspects of the law are problematic from the perspective of the principles of Islamic law. The present paper analyzes these various views about Pakistan’s blasphemy law and concludes that the criticism leveled against this law is also generally applicable on other areas of law in Pakistan and that there is a need to improve the functioning of the law enforcing agencies and the working of the justice system. The paper after highlighting some inconsistencies in the judgments of the superior judiciary in blasphemy cases makes a case for harmonious application of the principles of Islamic law on the subject as mandated by the Constitution of the Islamic Republic of Pakistan 1973 and the Enforcement of the Shariah Act 1991 as well as several other laws and precedents.