The Blasphemy Charade

By Taha Kehar

Recent developments in what can aptly be dubbed “The Blasphemy charade” highlight that a law which should ideally be targeted to root out heretics is being utilized as a mechanism for retaliation.
Naushad Valiyani, a doctor from Hyderabad, was taken into custody on charges of blasphemy after a medical representative who frequented his clinic launched a complaint with the police. According to the medical representative, Muhammad Faizan, Valiyani threw his business card – which bore his full name, Muhammad Faizan – into a dustbin.
A dispassionate analysis of the situation implies nothing more than a misinterpretation of the penal code. Within Pakistan’s Penal Code, Section 295-C indicates that the use of pejorative remarks – through words or actions – against the Holy Prophet is punitive and “liable to a fine”. Having said that, it is vital to clarify two very important points:
a)     The law pertains to Prophet Muhammad alone, not every single person who bears the name Muhammad. By overlooking this fact, we are simply casting aspersions on the level-headedness in our country and – not to mention – demonstrating our insecurities about a religion that still remains a strong spiritual force for the global Muslim community.
b)    According to a prominent Hadith, actions are judged by intentions. This can be applied rather convincingly in this case. Muhammad Faizan, who, it appears, was offended by the fact that Naushad Valiyani flung his card into a dustbin sought to seek revenge (his implied intention). But Dr. Valiyani’s decision to discard the business card was not driven by the intention to disparage any religious figure. His implied intentions may not be clear, but it is reasonable clear that he has not blasphemed. Therefore, this is a conspicuous example of the misuse of the blasphemy laws.
Last month, the Federal Minister for Minority Affairs, Shahbaz Bhatti, ensured journalists that the government would not allow the blasphemy laws to be misused to inflict personal vendetta. An in-depth scrutiny of the present state of affairs reflects the need for such ambitious statements to be translated into strong policy initiatives.
The ground realities are that the blasphemy laws are not only proving how bigoted we are, but they are also hampering the nation’s potential to act lawfully and practically. No statute should mislead the nation to such a degree that it cannot perceive the difference between absurdity and rightfulness.
Moreover, if we explore the context of the unwarranted arrest of Dr. Valiyani, we realize that it also a blatant assault on Muslim brotherhood. Naushad Valiyani is a member of the Ismaeli community – a community which has neither been destructive, nor fundamentally fanatical. The fact that these laws are now being used as artillery against fellow Muslims speaks volumes about their outrageously destructive nature.
In an interview with Newsline, PPP-MNA Sherry Rehman points towards the rather antiquated nature of these laws when she argues, “If so many centuries later, gross and egregious injustice is being perpetrated on the basis of these laws, then there is no place for them in Islam. You don’t have to be a religious scholar of one sect or the other to see that…How long are we going to be on the defensive and allow the religious right’s fatwas and vetoes against us? Countries where majorities are silent don’t get anywhere.”
We can easily concede with her point-of-view simply because of its brutal honesty. It serves to both instigate and enlighten us about the debate on liberalism vs. Prejudice which is very cornerstone of The Blasphemy Charade that has plagued Pakistan.
The unjustifiable arrest of Naushad Valiyani in Hyderabad is the most recent example of how prejudice presides over the ideals of justice, equality and tolerance. Greater vigilantism is needed to ensure that these bouts of discrimination are weakened.