In the Context of the Sialkot Incident
On December 3, 2021, in the city of Sialkot, Pakistan, a mob comprising hundreds of individuals killed a Sri Lankan citizen, Priyantha Kumara Diyawadana, by collective assault. After the murder, his body was set on fire. The 49-year-old victim was a manager of a private factory and had been residing in Pakistan for the past 11 years. He adhered to Buddhism. It was alleged that he had torn posters affixed to the factory walls, which bore religious slogans. These posters had been put up by the factory employees. On this occasion, a question was posed to Javed Ahmed Ghamidi regarding who is responsible for this incident and other incidents of similar nature. His summarized response is as follows.
The tragedy of Sialkot is extremely heartbreaking. No matter how much sorrow is expressed over it, it is not enough. However, the main question remains the same, which is asked: who is responsible for this oppression and brutality? Who are the people because of whom the crimes of individual murder are taking the form of collective slaughter? Under whose instigation do naive people form mobs and beat an unarmed person to death?
First Level Responsible: Religious Leaders
In my opinion, the primary responsibility for these atrocities lies with our religious leaders. These individuals present incorrect interpretations of Shariah for their own purposes. They perform arbitrary exegesis of the Qur’an and Hadith. They hide the opinions of reputable scholars and jurists and instead spread the statements of poets, preachers, and speakers. They incite the emotions of simple and sincere people with stories, tales, and legends, prompting them to take illegal actions. As a result, those who undertake such actions are presented as heroes. If they survive, they are called Ghazis; if they perish, they attain the rank of martyrdom. Then, odes are recited in their honor, their stories are told, and supernatural events and miracles are attributed to them. Tombs are constructed over their graves, declared as centers of divine radiance and manifestations, thereby becoming places of pilgrimage for people.
This enchanting atmosphere inspires and motivates ordinary Muslims, making them ready to sacrifice their physical, mental, and financial resources. In this, they perceive the blessings of this world and the hereafter. Consequently, when they observe that, in their opinion, someone has committed an insult, shown disrespect, or engaged in an inappropriate matter, they seize the opportunity and are prepared to take action. It is as if, in their view, that blessed moment arrives when they can succeed in attaining the blessings of both this world and the hereafter.
In this environment of agitation, there are those passionate and fiery slogans that stir the blood of every Muslim. One of these slogans, which has become very popular, is Labbayk ya Rasoolallah meaning “O Messenger of Allah, we are present for you.” The meaning of this slogan is clear to every Muslim. When I hear it, when you hear it, when any believer hears it, they become instantly restless. Obviously, how can it be that the Messenger of Allah calls out, and we are not present to offer our devotion? In such a case, our faith would not remain intact. This is because the noble and exalted personage of the Messenger is the sole source of religion on this earth. Religion is the name of his sayings, actions, and tacit approvals. Whatever he gives as religion, that is religion; and whatever he does not give as religion, that is not religion. He are Allah’s envoy, Allah’s representative, and Allah’s Messenger. Obedience to him is obedience to Allah, and disobedience to him is disobedience to Allah. A person truly attains the status of being a Muslim only when he considers him dearer than his parents, wife, children, and relatives. This is the esteemed status of the Prophet Muhammad (PBUH), which is entrenched in the heart and mind of every Muslim. In this context, consider that when there is a call made in reference to the Prophet (PBUH), and in response the cries of Labbayk ya Rasoolallah rise from all sides, it is possible that a few individuals may feel the need to investigate, but most people will not be able to refrain from being swept away by emotions and will act impulsively. The tragedies of Salman Taseer, Mashal Khan, and Priyantha Kumara are the results of these fervent emotions.
In the same way, consider that some time ago in gatherings and processions, slogans of Takbeer and Risalat were raised, and in response, people would say “Allahu Akbar” and “Ya Rasool Allah.” Now, the slogan “Man sabba nabiyyan” (Whoever insults the Prophet) is raised, and in response, the cry “fa-uq’tulūhu” (Let him be killed) is heard. When such slogans are raised in the streets and markets, when groups are formed based on them, when these cries are elevated from mosques and pulpits, when speeches of this nature are given in assemblies, when this becomes the standard of faith, when it is declared the practice of the righteous, and after all this, when authority is also placed in the hands of the common man, then it is only Ghazi Ilm-ud-Din and Mumtaz Qadri who will emerge. They will file the case themselves, become the lawyers themselves, give testimony themselves, pronounce the sentence themselves, and enforce it themselves.
Second Level of Responsibility: Scholars and Legal Experts
After religious leaders, those responsible for these incidents are the people who have made and enacted the blasphemy laws. Our scholars are aware that these laws are against the Qur’an, against the Hadith of the Prophet, and against Islamic jurisprudence. Many among them have admitted this and have stated that these laws do not conform to Islamic jurisprudence, yet, despite this, no one is prepared to amend or reform them.
The issue is that when a matter gains legal endorsement, people begin to consider it as justified, and if its motivations are religious, it also gains respect and sanctity. This is the same case with the blasphemy laws. People start to consider any amendment to these laws as equivalent to, God forbid, an amendment in the Sharia. This is why criticism of these laws is often deemed as criticism of Islamic Sharia, whereas no Muslim can even conceive of critiquing any law of the Sharia. It is akin to considering an objection to the interpretive opinion or legal stance of scholars like Maulana Ashraf Ali Thanawi, Maulana Ahmed Raza Khan Barelvi, Maulana Sanaullah Amritsari, or Maulana Abul A’la Maududi as an objection to the divine book or Islamic Sharia.
This is the legal aspect of the issue. The practical aspect is that often, neither does the situation arise where a case is filed according to this law, nor does the question of its enforcement emerge. People themselves initiate legal action and enforce punishment on their own. It is evident that this is a grave criminal act, but due to religious sanctity, it is viewed with admiration. Consequently, the person who takes the law into their own hands is considered worthy of sympathy and pardon. The argument made is that by acting beyond the law, they have brought a person to justice who, according to the blasphemy law, deserved this outcome. Thus, it is implied they did the right thing, but in their emotions, chose the wrong method. As further justification, the excuse is presented that if this valiant individual had not acted, due to the weaknesses of the state and flaws in the judicial system, the real criminal would never have been punished.
One serious aspect of giving religious sanctity to these laws is that if a person is accused of blasphemy against the Prophet or religion, they become a criminal while being an accused. Firstly, their fate is often sealed even before an arrest, and if they are arrested, the entire society treats them like a criminal. No one stands up to provide them relief, no lawyer is willing to fight their case, and no judge is prepared to hear their case. They have to live in solitary confinement until death. If anyone manages to find an opportunity, the only refuge available is to leave the country.
Third Level Responsible: Authoritative Institutions
At the third level, this responsibility lies with those constitution breaking guns that use such people for their political objectives. This scene has been repeatedly witnessed in this country, where a group of a few people suddenly transforms into an organized party. A limited sect suddenly spreads at a national level. Resources are found, weapons and ammunition become available as well. How does all this happen? This mystery is now evident to everyone. We know how, in past decades, one group was used for political purposes and strategic interests, then another, and then a third. There are no signs yet of quelling this series. People have not forgotten the scenes witnessed in Faizabad (Islamabad) that the whole world saw. Our esteemed judge had written an excellent verdict highlighting these issues. If only that verdict had been read, understood, and behavior corrected accordingly, but regrettably, instead of that, guns were turned towards that very reformer.
In reality, these are the leaders who wish to wield the reins of power from behind the scenes. They are aware that they cannot come to power through democratic means, and therefore they attempt to keep politicians and elected officials under their control. If those in politics and governance start to become unmanageable, then to discipline and admonish them or to replace them with new individuals, resistant groups are formed. These groups create chaos in the country through protests, vandalism, and bloodshed, which compels politicians to capitulate under pressure. The nature of these resistant groups and their leaders is merely instrumental. Hence, when they are given the nod, they take to the streets with their forces, and when ordered to retreat, they calmly return to their centers, sometimes disappearing as if they never existed.
If these groups, formed by the rulers behind the scenes, become very organized and stable, they sometimes commit acts of rebellion and defiance. In such cases, there is a need to teach them a lesson. Since they are organized and armed, force is required to be used against them. In response, they adopt the same attitude. The result emerges as nationwide terrorism. Thousands of men, women, children, and brave soldiers and police officers are ruthlessly killed. If anyone objects to this bloodshed, the argument is presented in response that nations have to make sacrifices for their survival, or it is said that such incidents fall under the category of ‘collateral damage’, which is an inevitable part of every war.
On the fourth level of responsibility: Political and Social Leaders and Intellectuals
In the end, politicians, social leaders, and intellectuals who adopt a stance of appeasement and concealment in this matter are also responsible. Even when they condemn objectionable incidents, they do so in hesitant terms, often couched with ifs and buts. They neither stand with the oppressed nor explicitly denounce the oppressor, and frequently, they even end up endorsing those who exceed limits. For this purpose, sometimes they perform the funeral prayers of the perpetrators, sometimes they participate in gatherings praising them, and sometimes they show up with flowers as offerings for them. These individuals, too, are responsible for these incidents. This same behavior was observed in the case of Salman Taseer, during the murder of Mashal Khan, and in the recent incident in Sialkot.
Method for Reforming Conditions
The summary of the discussion is that the incident of Priyantha Kumara is a continuation of the events involving Salman Taseer and Mashal Khan. This is very tragic and highly condemnable. The primary responsibility for such incidents lies with our religious leaders. Subsequently, the responsibility falls on the scholars and experts who formulated the blasphemy laws. Then, in sequence, the operatives of the establishment, politicians, and intellectuals are accountable. If all these groups can learn a lesson from this incident and decide to reform themselves, we can protect ourselves from such atrocities and make this country a cradle of peace and development.
What Should Religious Leaders Do?
For this purpose, our religious leaders must decide that they will neither be used for anyone’s personal interests nor will they use the general public. Instead of focusing on power, authority, and politics, they will make the invitation to the Qur’an and Sunnah their priority. They will use mosques, educational institutions, pulpits, and platforms solely for education and training. They will listen to the truth, support the truth, and convey the truth. They will communicate the knowledge of religion impartially and accurately – without any alterations, exaggerations, or imbalances. With full faith, they will accept that declaring things lawful that Allah and His Messenger have forbidden, and deeming what has been made lawful as prohibited, is a very grave sin. This equates to attributing falsehoods to Allah and His Messenger. The Messenger of Allah (PBUH), has said that whoever intentionally misattributes something false to him will find their place in hell.1
What should scholars and legal experts do?
Scholars and legal experts must inform people that viewing blasphemy laws as Sharia is incorrect. Sharia is the eternal and immutable law of Allah, obligatory for every Muslim, whereas these laws are opinions of certain legal experts, formulated according to their understanding and insight. These have been given the status of law through decisions made by authoritative bodies. Such opinions can be correct or incorrect from the perspective of religion and Sharia. Due to the possibility of both accuracy and error, it is necessary to keep the door open for revisiting and reviewing them. Therefore, criticism of these should not be seen as criticism of Sharia. If there is criticism, it is directed at those legal experts and the legislative assembly that formulated and approved them. If such human efforts are given the status of Sharia, it will greatly damage the distinct character of religion and Sharia.
Therefore, scholars and legal experts must clearly and openly highlight the deficiencies in the mentioned laws and propose necessary amendments and additions in light of the opinions of our esteemed jurists. The immediate and best solution to this issue is to legislate on the matter of blasphemy according to the opinions of the Hanafi jurists. Although I disagree with their opinion, I still believe it is an extremely reasonable law. According to democratic principles, we should support its implementation because the majority of the country trusts and adheres to Hanafi jurisprudence.
What should powerful institutions do?
If the operatives of the establishment truly value the survival of the nation and the country, they must abandon the practice of nurturing and supporting extremist individuals and groups. This is only possible when they decide to withdraw from interference in national and international politics. This decision is a written decree on the wall, which they will inevitably have to make sooner or later. If they choose to make it sooner, they may salvage some of their reputation and prevent further decline of the nation and the country. A delay in making this decision will not only harm the country but also damage their own standing. They are responsible for maintaining stability and safeguarding peace and security in the country. Their entire focus should be concentrated on this front. Internal and external politics should not be made the arena for their excursions.
What should political and social leaders and intellectuals do?
Politicians and intellectuals must work to improve their moral standing. They should adopt honesty as their motto, build their character, and eliminate contradictions between their words and actions. Instead of pursuing temporary benefits for themselves and the nation, they should aim for long-term advantages. It should be made clear that they will not be used by internal or external forces under any circumstances. Those among them who are learned should elevate the consciousness of the people and encourage them to think critically. They should understand the religion themselves and explain it to others as well. If they sincerely and selflessly start fulfilling their responsibilities, the mercy of the Lord will overshadow them. The public will also begin to stand with them, escaping from the clutches of tricksters and schemers. They must believe that this nation is both brave and capable. Every individual of this nation is a star in its destiny. If properly guided, this nation can soon overcome its weaknesses and embark on the journey of progress. If Allah, the Almighty, wills.
[January 2022]
- Bukhari, No: 110