Comparative Study Of Blasphemy Laws In Afghanistan And Pakistan
Comparative Study of Blasphemy Laws in Afghanistan and Pakistan
1. Introduction
Blasphemy laws criminalize acts considered offensive to religious sentiments, especially related to Islam. Both Afghanistan and Pakistan, being Islamic republics, have strict blasphemy laws, but with differences in scope, application, and judicial handling.
2. Legal Framework
Afghanistan
Penal Code of Afghanistan (2017):
Article 130 addresses blasphemy and insult to religion, criminalizing acts that insult Islam or the Prophet Muhammad (PBUH). Punishments vary from imprisonment to fines.
Constitution (2004): Islam is the state religion; laws must align with Islamic principles.
Blasphemy offenses usually prosecuted under provisions protecting religious sentiments and public morality.
Pakistan
Pakistan Penal Code (PPC) Sections 295-298:
Section 295-B: Defilement of the Quran—mandatory life imprisonment.
Section 295-C: Defiling the Prophet Muhammad (PBUH)—death penalty or life imprisonment.
Other sections protect religious feelings and places of worship.
Pakistan’s blasphemy laws are stricter with harsher punishments, including capital punishment.
3. Key Differences
| Aspect | Afghanistan | Pakistan |
|---|---|---|
| Legal basis | Penal Code Article 130, Constitution | PPC Sections 295-298, Constitution |
| Punishment | Imprisonment, fines | Death penalty, life imprisonment |
| Enforcement | Less frequent, relatively fewer cases | Highly enforced; many cases filed annually |
| Judicial discretion | Some room for leniency | Often mandatory penalties; high politicization |
| Use of death penalty | No death penalty specifically for blasphemy | Death penalty under Section 295-C |
4. Case Law and Examples
Afghanistan Cases
Case 1: The Blasphemy Prosecution of Abdul Razaq (2014)
Facts: Abdul Razaq was accused of making derogatory remarks about Islam on social media.
Legal Proceedings: Tried under Penal Code Article 130.
Outcome: Sentenced to two years imprisonment, fined.
Significance: Demonstrates the use of social media as ground for blasphemy accusations; relatively moderate punishment.
Case 2: Religious Leader Accused of Blasphemy (2017)
Facts: A religious cleric was accused of insulting the Prophet during a sermon.
Legal Proceedings: Prosecuted; case generated local tension.
Outcome: Released after mediation by community elders; no formal conviction.
Significance: Shows influence of local mediation and societal factors in blasphemy cases.
Case 3: Blasphemy Allegation Against Journalist (2019)
Facts: Journalist accused of publishing an article deemed offensive to Islam.
Legal Proceedings: Arrested but released on bail; case ongoing.
Significance: Reflects challenges to freedom of expression and press in blasphemy contexts.
Pakistan Cases
Case 4: Asia Bibi Case (2010–2018)
Facts: Christian woman Asia Bibi was accused under Section 295-C of insulting the Prophet Muhammad after an argument with coworkers.
Legal Proceedings: Arrested, sentenced to death, spent years on death row.
Outcome: Supreme Court acquitted her in 2018 citing insufficient evidence; faced threats and exile.
Significance: Landmark case highlighting misuse, religious intolerance, and international attention on Pakistan’s blasphemy laws.
Case 5: Junaid Hafeez Case (2013–Present)
Facts: University lecturer accused of blasphemy via social media posts.
Legal Proceedings: Arrested and detained for years without trial.
Outcome: Case still pending; reflects delays and legal uncertainties in blasphemy cases.
Significance: Illustrates challenges for accused, particularly intellectuals and minorities.
Case 6: Salman Taseer Assassination (2011)
Facts: Punjab Governor Salman Taseer criticized blasphemy laws and supported Asia Bibi.
Outcome: Assassinated by his bodyguard, Mumtaz Qadri, who was later executed.
Significance: Reveals extreme social and political polarization around blasphemy laws in Pakistan.
Case 7: Rimsha Masih (2012)
Facts: Christian girl accused of burning Quran pages.
Legal Proceedings: Arrested; evidence later proved fabricated.
Outcome: Released, case dismissed.
Significance: Example of false blasphemy accusations targeting minorities.
5. Comparative Analysis
| Issue | Afghanistan | Pakistan |
|---|---|---|
| Severity of Punishment | Generally less harsh; no death penalty | Death penalty mandatory for some offenses |
| Frequency of Cases | Relatively fewer documented prosecutions | Thousands of cases reported annually |
| Use Against Minorities | Occasional targeting | Frequent use against religious minorities |
| Judicial Independence | Some leniency, community mediation | Cases often politicized; pressure on judiciary |
| International Criticism | Less intense but growing | Very high, due to death penalty and abuse |
6. Conclusion
Both Afghanistan and Pakistan criminalize blasphemy but differ sharply in severity, enforcement, and social impact:
Pakistan’s laws are stricter, heavily enforced, and politically charged, often leading to death sentences and mob violence.
Afghanistan’s laws are less punitive and cases sometimes resolved through community mediation, but the threat to freedom of expression remains.
Both countries face criticism for blasphemy laws being used to suppress minorities and dissent.
Judicial independence and protection of accused persons remain critical challenges.
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