Islamization of Pakistan’s criminal law on the example of amendments to and application of the blasphemy law Cover Image

Islamizacja prawa karnego Pakistanu na przykładzie nowelizacji i stosowania przepisów prawa o bluźnierstwie
Islamization of Pakistan’s criminal law on the example of amendments to and application of the blasphemy law

Author(s): Stanisław Dziwisz
Subject(s): Law, Constitution, Jurisprudence, Criminal Law, Human Rights and Humanitarian Law, Sharia Law
Published by: Katolicki Uniwersytet Lubelski Jana Pawła II - Wydział Prawa, Prawa Kanonicznego i Administracji
Keywords: blasphemy; Pakistani Penal Code; blasphemy law; Islamization of law; criminal law; Islam; Quran;prawo o bluźnierstwie; islamizacja prawa; prawo karne; Islam; Koran;bluźnierstwo

Summary/Abstract: The aim of this article is to analyze the provisions of Chapter XV of the Pakistani Penal Code titled “Of Offences Relating to Religion” and commonly known as the “blasphemy law”. It includes a variety of crimes including blasphemy, profaning the Holy Quran, insulting religious feelings and using derogatory remarks in respect of the Prophet Muhammad. The article analyzes the legal solutions included in Chapter XV of the Pakistani Penal Code taking into account the historical context of their origin and application.The process of Islamization of laws and institutions began during the military regime of General Zia-ul-Hag, which is clearly seen on the example of Pakistan’s criminal law. In this period, five additional provisions were added to the Penal Code, including Section 295-C which introduces criminal liability for using derogatory remarks in respect of the Prophet Muhammad. The provisions under discussion have often been criticised for being discriminatory against religious minorities and inconsistent with human rights. They also violate the principles of equality and freedom of religion, which are guaranteed in the Constitution of the Islamic Republic of Pakistan. Their introduction to the Penal Code was part of the plan to bring about the Islamization of the law and the state.

  • Issue Year: 2019
  • Issue No: 22
  • Page Range: 233-254
  • Page Count: 22
  • Language: Polish