In fact the present blasphemy laws of Pakistan are against Quran, Sunnah and Fatwa of Imam Abu Hanifa.
But why then this blasphemy law still exist in Pakistan?
It is only due to the reason while supporters of this law have got so much power in Pakistan, that people are even afraid (fearful) of bringing the truth into light, even if it is from Quran and Sunnah.
First Proof: The Incident of mother of Abu Hurayrah
Do you remember the incident of mother of Hadhrat Abu Hurayrah when she uttered some insulting words for Prophet (saw), and upon that neither Abu Hurayrah killed her nor Prophet (saw) ordered for her killing. No, but Prophet of mercy (saw) did “Dua” to Allah to show her the right path.
Sahih Muslim, Book 031, Number 6082:
Abu Huraira reported: I invited my mother, who was a polytlieist, to Islam. I invited her one day and she said to me something about Allah's Messenger (may peace be upon him) which I hated. I came to Allah's Messenger (may peace be upon him) weeping and said: Allah's Messenger, I invited my mother to Islam but she did not accept (my invitation). I invited her today but she said to me something which I did not like. (Kindly) supplicate Allah that He may set the mother of Abu Huraira right. Thereupon Allah's Messenger (may peace be upon him) said: O Allah, set the mother of Abu Huraira on the right path. I came out quite pleased with the supplication of Allah's Apostle (may peace be upon him) and when I came near the door it was closed from within. My mother heard the noise of my footsteps and she said: Abu Huraira, just wait, and I heard the noiee of falling of water. She took a bath and put on the shirt and quickly covered her head with a headdress and opened the door and then said: Abu Huraira, I bear witness to the fact that there is no god but Allah and Mubammad is His bondsman and His Messenger. He (Abu Huraira) said: I went back to Allah's Messenger (may peace be upon him) and (this time) I was shedding the tears of joy. I said: Allah's Messenger, be happy, for Allah has responded to your supplication and He has set on the right path the mother of Abu Huraira.
Therefore, the established Sunnah is if someone insults the holy prophet, then he should be showed the right path, and also Dua is made to Allah for him, and should not be killed.
Alone this one incident is enough to end the present blasphemy law of Pakistan, while it contradicts the Sunnah.
The supporters of present blasphemy law have never answered this Sahih Hadith, but they are always hiding it.
Second: Authentic (Sahih) Traditions about killing in case of blasphemy
Supporters of present blasphemy law are able to bring ONLY and ONLY 2 Sahih Traditions about killing in case of blasphemy (Rest of the traditions which they bring are Dhaif i.e. weak traditions, or the killing was not done for blasphemy but for conspiring against the Islamic state). Whole building of present blasphemy law is based upon only these 2 traditions.
These 2 authentic traditions are:
(1) When a blind Companion killed his slave woman
She used to "repeatedly" insult the holy prophet. The blind companion and others asked her again and again to stop it, but she didn't stop. Only after that she was killed by that blind companion
(2) When a Companion killed a jew woman
Again according to the report she "repeatedly" insulted the holy prophet and didn't stop it despite being warned many times. Only after that the companion killed her.
Note 1:
* No one was killed for the "first" time for insulting the Prophet. But they were told again and again, and only after "repeating" this offence they were killed.
* And small offences of criticism didn't count into blasphemy. Those two women were swearing at holy prophet.
Argument of the Blasphemy law supporters:
They say that Prophet was alive at that time and he got the authority to even forgive those women who were swearing against him.
But this excuse is not valid, while:
* Holy prophet didn't ever present this excuse himself. It is only these later coming people who are attributing it to the holy prophet.
* And in these 2 traditions, even it was not the issue of forgiveness by the holy prophet. But it was the issue of Sahabi hearing repeatedly the woman swearing at holy prophet, but doing nothing against it.
Therefore, Sahabi got no right to forgive the woman on behalf of the holy prophet, but he kept on repeatedly forgiving the woman. This shows that this excuse by later coming people has no value as it is only their personal conjecture which is against the Sunnah of holy prophet as he didn't rebuke the Sahabi for not killing her the very first time after hearing the insult.
And it didn't happen one time, but it happened twice that repeated insult was done, but both Sahaba didn't kill the 2 women (actually it happened thrice if we add the incident of mother of Abu Hurarah too).
Fatwa of Imam Abu Hanifa:
Imam Abu Hanifa used these 2 traditions to come to this conclusion that killing could only be done in case of "repeated" offence.
Hanafi Scholar Imam Ibn 'Abideen writes:
According to Fiqh Hanafi, such person who committed this crime, he should not be killed, but some Tazeer (light punishment) could be given to him by the government. Nevertheless, if any non Muslim makes it a "constant habit” to indulge in it "repeatedly", only then he could be killed.
Reference: Rasail of Ibn 'Abideen, volume 1, page 354
‘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]
Pakistani Barailvies and Deobandies, both are actually followers of Imam Abu Hanifa. But fanaticism overpowered them, and they rejected the fatwa of Imam Abu Hanifa all together. Not only this, they hide this fatwa of Imam Abu Hanifa and never let the public know about it.
Initially some Hanafi scholars even protested against this present blasphemy law in the light of Sunnah and Fatwa of Imam Abu Hanifa, but the supporters of present blasphemy law made them silent soon through their power.
Conclusion:
Present blasphemy law rests only and only upon these 2 authentic traditions. But these 2 traditions themselves refuting the present blasphemy laws while these 2 traditions are proving beyond any doubts that according to the established Sunnah of holy prophet first time insult does not constitute the killing, but good advise should be given and Dua should be made, while killing comes only and only after repeated offence.
(Originally written by an unknown writer)
=========
Detailed External Link:
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
Part 4: Blasphemy and the death penalty: Misconceptions explained
But why then this blasphemy law still exist in Pakistan?
It is only due to the reason while supporters of this law have got so much power in Pakistan, that people are even afraid (fearful) of bringing the truth into light, even if it is from Quran and Sunnah.
First Proof: The Incident of mother of Abu Hurayrah
Do you remember the incident of mother of Hadhrat Abu Hurayrah when she uttered some insulting words for Prophet (saw), and upon that neither Abu Hurayrah killed her nor Prophet (saw) ordered for her killing. No, but Prophet of mercy (saw) did “Dua” to Allah to show her the right path.
Sahih Muslim, Book 031, Number 6082:
Abu Huraira reported: I invited my mother, who was a polytlieist, to Islam. I invited her one day and she said to me something about Allah's Messenger (may peace be upon him) which I hated. I came to Allah's Messenger (may peace be upon him) weeping and said: Allah's Messenger, I invited my mother to Islam but she did not accept (my invitation). I invited her today but she said to me something which I did not like. (Kindly) supplicate Allah that He may set the mother of Abu Huraira right. Thereupon Allah's Messenger (may peace be upon him) said: O Allah, set the mother of Abu Huraira on the right path. I came out quite pleased with the supplication of Allah's Apostle (may peace be upon him) and when I came near the door it was closed from within. My mother heard the noise of my footsteps and she said: Abu Huraira, just wait, and I heard the noiee of falling of water. She took a bath and put on the shirt and quickly covered her head with a headdress and opened the door and then said: Abu Huraira, I bear witness to the fact that there is no god but Allah and Mubammad is His bondsman and His Messenger. He (Abu Huraira) said: I went back to Allah's Messenger (may peace be upon him) and (this time) I was shedding the tears of joy. I said: Allah's Messenger, be happy, for Allah has responded to your supplication and He has set on the right path the mother of Abu Huraira.
Therefore, the established Sunnah is if someone insults the holy prophet, then he should be showed the right path, and also Dua is made to Allah for him, and should not be killed.
Alone this one incident is enough to end the present blasphemy law of Pakistan, while it contradicts the Sunnah.
The supporters of present blasphemy law have never answered this Sahih Hadith, but they are always hiding it.
Second: Authentic (Sahih) Traditions about killing in case of blasphemy
Supporters of present blasphemy law are able to bring ONLY and ONLY 2 Sahih Traditions about killing in case of blasphemy (Rest of the traditions which they bring are Dhaif i.e. weak traditions, or the killing was not done for blasphemy but for conspiring against the Islamic state). Whole building of present blasphemy law is based upon only these 2 traditions.
These 2 authentic traditions are:
(1) When a blind Companion killed his slave woman
She used to "repeatedly" insult the holy prophet. The blind companion and others asked her again and again to stop it, but she didn't stop. Only after that she was killed by that blind companion
(2) When a Companion killed a jew woman
Again according to the report she "repeatedly" insulted the holy prophet and didn't stop it despite being warned many times. Only after that the companion killed her.
Note 1:
* No one was killed for the "first" time for insulting the Prophet. But they were told again and again, and only after "repeating" this offence they were killed.
* And small offences of criticism didn't count into blasphemy. Those two women were swearing at holy prophet.
Argument of the Blasphemy law supporters:
They say that Prophet was alive at that time and he got the authority to even forgive those women who were swearing against him.
But this excuse is not valid, while:
* Holy prophet didn't ever present this excuse himself. It is only these later coming people who are attributing it to the holy prophet.
* And in these 2 traditions, even it was not the issue of forgiveness by the holy prophet. But it was the issue of Sahabi hearing repeatedly the woman swearing at holy prophet, but doing nothing against it.
Therefore, Sahabi got no right to forgive the woman on behalf of the holy prophet, but he kept on repeatedly forgiving the woman. This shows that this excuse by later coming people has no value as it is only their personal conjecture which is against the Sunnah of holy prophet as he didn't rebuke the Sahabi for not killing her the very first time after hearing the insult.
And it didn't happen one time, but it happened twice that repeated insult was done, but both Sahaba didn't kill the 2 women (actually it happened thrice if we add the incident of mother of Abu Hurarah too).
Fatwa of Imam Abu Hanifa:
Imam Abu Hanifa used these 2 traditions to come to this conclusion that killing could only be done in case of "repeated" offence.
Hanafi Scholar Imam Ibn 'Abideen writes:
According to Fiqh Hanafi, such person who committed this crime, he should not be killed, but some Tazeer (light punishment) could be given to him by the government. Nevertheless, if any non Muslim makes it a "constant habit” to indulge in it "repeatedly", only then he could be killed.
Reference: Rasail of Ibn 'Abideen, volume 1, page 354
‘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]
Pakistani Barailvies and Deobandies, both are actually followers of Imam Abu Hanifa. But fanaticism overpowered them, and they rejected the fatwa of Imam Abu Hanifa all together. Not only this, they hide this fatwa of Imam Abu Hanifa and never let the public know about it.
Initially some Hanafi scholars even protested against this present blasphemy law in the light of Sunnah and Fatwa of Imam Abu Hanifa, but the supporters of present blasphemy law made them silent soon through their power.
Conclusion:
Present blasphemy law rests only and only upon these 2 authentic traditions. But these 2 traditions themselves refuting the present blasphemy laws while these 2 traditions are proving beyond any doubts that according to the established Sunnah of holy prophet first time insult does not constitute the killing, but good advise should be given and Dua should be made, while killing comes only and only after repeated offence.
(Originally written by an unknown writer)
=========
Detailed External Link:
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
Part 4: Blasphemy and the death penalty: Misconceptions explained
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