Blasphemy and the death penalty: Misconceptions explained
This is the fourth article in a five-part series on the untold story of Pakistan’s blasphemy law. It is recommended that the previous parts be read in order to understand the context of this article.
Part 1: The untold story of Pakistan’s blasphemy law
Part 2: The fatwas that can change Pakistan's blasphemy narrative
Part 3: Why blasphemy remains unpardonable in Pakistan
At the beginning of this year, when this series began, Junaid Jamshed had been charged with blasphemy.
Judging from comments across social media and forums, a significant proportion of the online population reacted with a mood of forgiveness.
Some commentators said he was deserving of sympathy and forgiveness because, even though he was accused of blasphemy, he had apologised and was a Muslim. Indeed my first article went to great lengths to establish the acceptability in Islam for pardon of actual blasphemers.
When this same charge is levelled at a non-Muslim, however, the reaction is extremely negative, and often violent.
Such a reaction is contradictory to the Hanafi jurists who have commented on the issue throughout the past 1200 years. Those jurists represent the stance of the Hanafi school of thought, which is one of the four schools of thought in Sunni Islamic Jurisprudence and the one with the largest following in the world, as well as the predominant theological orientation to which an overwhelming majority of Pakistani Sunnis subscribe.
Contrary to popular sentiment and belief, the position on Muslim blasphemers is actually stricter and more severe than on non-Muslims. In fact, throughout the Hanafi tradition, blasphemy by non-Muslims is recognised merely as an extension of their disbelief.
The founder of Hanafi School, Abu Hanifa notes:
‘If a dhimmi (non-Muslim) insults the Holy Prophet, he will not be killed as punishment. A non-Muslim is not killed for his kufr (denying the Prophet) or shirk (polytheistic beliefs). Kufr/Shirk are bigger sins then sabb e rasool. – (Therefore non-Muslims will not be killed for sabb e rasool.)’ [Al Saif al Maslool]
Further, Abu al-Husayn Ahmad al-Quduri:
‘Non-Muslims insult Allah and say that He has a son and the Zoroastrians say He has an “opposite.” This does not break their covenant of security, therefore the same applies to insult of the prophet PBUH.’
[Al-Tajrid]
Ali ibn Abi Bakr al-Marghinani in Al Hidaya (which is taught all over Pakistan in Hanafi seminaries) states:
‘Insulting the prophet is kufr/disbelief. Since the non-Muslims are not killed for their disbelief, they will not be killed for any addition in their disbelief.’
[Al-Hidaya]
In fact, Tahawi goes on to prescribe a verbal warning as an appropriate punishment for an offending non-Muslim:
‘If a non-Muslim commits blasphemy, he will be given a verbal warning. If he repeats the offense, he will be punished but not killed.’
[Mukhtasar al Tahawi]
One may be tempted to think that in citing these sources, I am cherry-picking i.e. selectively choosing ones that support this stance. But, in fact, this is not the intent or method of research.
Below is a compiled, annotated timeline of every Hanafi jurisprudence text of significance that has discussed non-Muslim blasphemy.
View the timeline in a full screen.
This includes four authoritative tomes, whose monumental significance and influence can be gauged by the fact that they have had over 200 commentaries written on them.
Even the briefest perusal of this reference resource will show that there is a unanimous prohibition on the killing of non-Muslims for the offense of blasphemy. The only exception noted is in the case of habitual offense committed as treason, and therefore liable – at the discretion of the ruler – to any punishment up to and including the death penalty.
It is ironic, then, that people believe that to not kill a non-Muslim blasphemer – and even to advocate for his/her life – is tantamount to blasphemy itself.