Maulana Sheerani, the Head of the Council of Islamic Ideology (CII), a constitutional body mandated to offer advice on religious issues to Parliament when asked, told a foreign news agency the other day that he is willing to review Pakistan's blasphemy law. Unlike the past when he tried to offer unsolicited recommendations by putting on the Council's agenda settled issues that could spark an uncontrollable conflagration, this time the Maulana was mindful of the procedural requirements, as he said "the government should formally refer the blasphemy law to the CII. The Council can seriously consider the matter and give its recommendation on whether it needs to stay the same, or if it needs to be made more stringent, or softened". Since the law already carries the ultimate penalty of death, it can hardly be made more stringent.
Yet the statement is important considering that along with other religious parties, Maulana Sheerani's own JUI-F, which he also represents in the National Assembly, has been vehemently opposed to any attempt at changing the existing law. It is man-made, introduced by the Zia regime, and no wonder then that it is so contentious. Which is why, as Maulana Sheerani himself said, "There is a lot of difference of opinion among the ulema on this issue." It is worthwhile to note that a vast majority of the Muslims in this country are followers of the Hanafi School of religious thought. According to a noted religious scholar, Javed Ahmad Ghamdi, the founder of Hanafi school, Imam Abu Hanifa's view on the subject is that anyone accused of blasphemy should be provided with a chance to clear his/her position. If such a person denies having made sacrilegious remarks he/she should be allowed to go free. (The purpose, of course, is to prevent people from levelling false accusations as has been frequently the case in this country.) In the event, the person admits committing blasphemy he/she should be detained for three days to think and repent. If still unrepentant, the person deserves the punishment of an apostate. It remains to be seen if Maulana Sheerani was thinking of Imam Abu Hanifa's interpretation of the issue when he said the CII can seriously consider hardening or 'softening' of the existing blasphemy law.
The debate at this point, however, is about amending this law so as to stop its abuse, among other remedial measures, by reserving the same punishment for those levelling false accusations as that for blasphemers. For, more often than not the blasphemy law has been used by people to settle personal scores or to make property grabs. It is also necessary to end the prevailing atmosphere of fear in which either the accused is killed without being heard, or when lucky enough to survive, finds lawyers unwilling to plead the defence case and judges too afraid to deliver justice. Some of those brave and conscientious enough to do their duty, including a judge of the Lahore High Court, were killed. No one should be allowed to use the fair name of Islam, a religion that lays immense emphasis on fairness and justice, for personal or political purposes.
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