Drawing inference for punishment

[Mubashir]

 Salaam Dear Friends.

How would you respond to a question like this:

"....There is no doubt that misusing or misapplication of any law is wrong whether the law pertains to blasphemy or some other issue. However, the question is should we simply reject the blasphemy law(s) on the grounds that Quran does not include Blasphemy among other punishable crimes.

Was it absolutely necessary that the punishment for blasphemy be prescribed in Quran ''explicitly'' before Islamic states could penalize blasphemous people? Does an earthly punishment for any crime necessarily have to be prescribed in Quran explicitly? In logic, there is something called '' Drawing Inference'' from a set of given statements. Is it possible that some things are implicitly stated in Quran rather than stated in explicit words?

There is a verse in Quran which talks about punishing those who spread ''Fisaad" or corruption on earth. What if an Islamic government infers based on the aforesaid verse a punishment for blasphemy arguing that the act is tantamount to causing disruption or fisaad on earth. After all, no matter what religion, when an act of insult is committed against anything sacred in any religion, it is a gross misconduct that has the power to cause disruption in society by hurting people's religious feelings and emotions. Pragmatically speaking, the act of blasphemy causes rash and anger among a huge number of people in a country where the act is committed. Shouldn't the perpetrator be punished for disturbing the peace in a country especially when the perpetrator commits this act knowingly and willfully? Yet, this is not to say that blasphemy should be punished by death.

Pragmatism is an approach that is becoming prevalent in legal systems across the world. Based on this approach, some acts are punished just based on the consequences which may result after the commission of the act. ...."

Thanks in advance !!

 

Please kindly share your thoughts if and when you have time.

Mubashir

[Duster]

Shalom / Peace all


I wonder if inciting religious hatred which leads to violence = ''Fisaad" or corruption on earth? Does the Quran leave room for interpretation for 'Fisaad'?

[Saba]

Incitement to hatred, or anti-religious sentiments of any kind etc can become very ugly. Also as far as I know the Quran's punishment for 'fisaad' is not only the death penalty. You can also expel people from the country or land.  But its a good question I think whether outright religious hatred or incitement where holy personalities are cursed can be classed as 'fisaad'. Saba 

[HOPE]

Peace,

In my opinion, we cannot legislate faith.  It is a God given right (no compulsion) that only God himself is the judge, jury and the executioner.  Here is a good opinion article.


http://www.nytimes.com/2012/08/30/opinion/blasphemy-women-and-the-law.html?pagewanted%253Dall&_r=0

[Sardar Miyan]

Salam all.It is a very  relevant point the one can not say how the people react to the Blasphemy committed by a person or set of persons. But as seen nowadays people have strong feelings and react in protests etc.As Bro Mubashir wrote it amounts to "Fasaad Fil Ardh"for which suitable punishment has to be prescribed.Such punishments will stop recurrence.I personally feel that to prevent from the  Blasphemy being prevail punishment has to be given to culprits then & there

[Mubashir]

It is a given that if someone bad mouths the blessed Rasool or the Quran, Muslims get extremely agitated. They respond by wanting to hurt/kill the culprit. Killing someone is an extreme punishment that may only be applied if an individual is a gross or a repeat offender.

We may want to legislate something like "Hate Laws" making it a crime to bad mouth any of Allah's Messenger or His Books. What amounts to blasphemy must be clearly defined so there is no ambiguity.

In any case, to take the law in your own hands to punish/hurt/kill an alleged blasphemer is not the way to go. A certain procedure must be followed where an accused is offered a defence, making sure he is properly educated in Islamic values and laws.

In Pakistan, people are accused and killed for blasphemy, in fact an entire neighbourhood of Christians was burnt down recently, just based on an accusation of one individual. This is anarchy and gives rise to personal vendettas and settling scores for other reasons.