Dear Nice2MU
All right, I do accept your claim of being knowledgeable :) but allow me to contradict (slightly) with your following statement:
In fact, it is a custom in Pakistan to criticize all those who talk about Islam and Values of Islam differently from the orthodox mullahs definition of Islam.
And reason is that in our society, majority of people gets their knowledge about Islam either from family and elders OR from the molvis khutbas of Jumma prayers, and very few try to validate their thoughts, they just follow things blindly. As a result, so many popular practices in our society (in the name of Islam) cannot be validated either by Quran or Sunnah, and whenever some knowledgeable scholar tries to give some different (or true) opinion (based on Quran, Sunnah), gets a lot of resistance from the orthodox clan
Now lets move ahead towards the original issue, which is about the punishment on the act of blasphemy and what should be the behavior of Muslims against someone who is alleged to be a blasphemist
I read your mentioned Quranic verses with open eyes (as per your instructions) and sorry to say I did not able to find any slight indication regarding the punishment of blasphemy in those. Do you think those 2 verses addressing the issue of blasphemy? Come-on dear, there momineens were told about the adaab-e-mahfil e Rasool then how did you link those with the crime of blasphemy, I have no idea, anyway
Now my turn, let me present a Quranic verse, which is Surah Al-Baqara, ayah 104
يَٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ لَا تَقُولُوا۟ رَعِنَا وَقُولُوا۟ ٱنظُرْنَا وَٱسْمَعُوا۟ ۗ وَلِلْكَفِرِينَ عَذَابٌ أَلِيمٌۭ
Explanation:
Ibn Abbas is narrated to have said that the early Muslims, when the Prophet (SAW) was speaking and teaching them the divine verses often asked him to speak slowly so that they could comprehend the material well and could have opportunity enough to ask their questions. For this purpose, then, they applied the phrase ra'ina, which means:' give us respite, wait for us'. But the Jews took the same word from the Arabic root ar-ra'unah (meaning 'shepherd') which means 'O my shepherd' and suggests an insult. So, it was told by this revelation, to use another word Anzurna instead.
Now point to understand here that when Jews used insulting words for Rasool Allah (SAW), then instead of ordering a death penalty, Allah just told the followers how to talk in civilized manner and just ignore the Jews and hypocrites.
I will also suggest you to read Surah Al-Munafequn in which an incident of blasphemiy (committed by the head of hypocrites, Abdullah Ibn Ubai) is narrated in details, that how he insulted the Prophet (SAW) and his companions by very bad words (detailed sentenced are mentioned in the surah) but what happened to him, did Allah ordered his execution in the surah? No, he died a natural death
And also mentioned in Quran that, people used make fun of Adhan, but Allah didnt order any fatwa of death on such people, and in so many places you can find similar incidents
I hope (as you believe in Quran) you can understand what Quran says on this (instead of Mullahs version on this)
Problem is that, usually that some matters achieve a level of legitimacy in a way that thinking and passing judgments on such matters becomes out of question (although there wont be any reason of legitimacy except that those matters were never argued or challenged for ages), and whenever any intellectual tries to argue on such matters with rationale and wisdom, receives a huge resistance from the radical elements of the society with a very common charge, that is, that argument was never heard from any of our ancestors, who had much more wisdom and vision, how dare that somebody can have any different opinion and so.
BTW, this is a very lame argument, since we have the law and the courts now, then why the guard killed Salman Taseer, instead of trying him in courts?
This is nothing else but a state of mind (created by the lunatics) in which everyone wants to ensure his place in Jannah (by hook or by crook) selfishly and without thinking that whether this act is turning this world into a kind of hell or not.
Conclusion:
I fully support that some kind of laws against the act of blasphemy should exist, but also want to ensure that such laws should not become a handy tool in hands of fanatics, and those laws should be across the board (insult of any religious figure should be considered as crime). Purpose of such laws should be to create harmony among the different sections of the society, not just to impose one partys version on others.
I also want that we, as Muslims should be able to portray a true picture of Islam that emphasizes humanity, tolerance, open dialog, rationale and peace for the world.
But unfortunately by such kind of incidents, we are promoting a very bad picture of Islam, not good
Blasphemous Law is not only against the Blasphemy of Prophet (PBUH), it is for all the Prophets (PBUD).
The verses I have mentioned was to show you the intention of Allah regarding Our Messenger (PBUH) and I have ask see the Blasphemous Law in the LIGHT of these verses.
And I further suggest you to study the PDF link in one of Siasat post but I guess you neither use your brain to understand the Blasphmous Law nor you didn't write the link.
Due you this you compelled to share with you some more info about this matter.
In Surah Tawbah (9;64-66) Allah says
منافق اس بات سے ڈرتے ہیں کہ مسلمانوں پر کوئی ایسی سورة نازل ہو کہ انہیں بتا دے جو منافقوں کے دل میں ہے کہہ دو ہنسی کیے جاؤ جس بات سے تم ڈرتے ہو الله اسے ضرور ظاہر کر دے گا
اور اگر تم ان سے دریافت کرو تو کہیں گے کہ ہم یونہی بات چیت اور دل لگی کر رہے تھےکہہ دو کیا الله سے اور اس کی آیتوں سے اور اس کے رسول سے تم ہنسی کرتے تھے
بہانے مت بناؤ ایمان لانے کے بعد تم کافر ہو گئے اگر ہم تم میں سے بعض کو معاف کر دیں گے تو بعض کو عذاب بھی دیں گے کیوں کہ وہ گناہ کرتے رہے ہیں
This verse clearly states that mocking Allaah, His verses and His Messenger constitutes kufr, so that applies even more so to insulting. The verse also indicates that whoever belittles the Messenger of Allaah (peace and blessings of Allaah be upon him) is also a kaafir, whether he was serious or joking.
With regard to the Sunnah, Abu Dawood (4362) narrated from Ali that a Jewish woman used to insult the Prophet (peace and blessings of Allaah be upon him) and say bad things about him, so a man strangled her until she died, and the Prophet (peace and blessings of Allaah be upon him) ruled that no blood money was due in this case.
Shaykh al-Islam Ibn Taymiyah said in al-Saarim al-Maslool (1/162): This hadeeth is jayyid, and there is a corroborating report in the hadeeth of Ibn Abbaas which we will quote below.
This hadeeth clearly indicates that it was permissible to kill that woman because she used to insult the Prophet (peace and blessings of Allaah be upon him).
Abu Dawood (4361) narrated from Ibn Abbaas that a blind man had a freed concubine (umm walad) who used to insult the Prophet (peace and blessings of Allaah be upon him) and say bad things about him. He told her not to do that but she did not stop, and he rebuked her but she did not heed him. One night, when she started to say bad things about the Prophet (peace and blessings of Allaah be upon him) and insult him, he took a short sword or dagger, put it on her belly and pressed it and killed her. The following morning that was mentioned to the Messenger of Allaah (peace and blessings of Allaah be upon him). He called the people together and said, I adjure by Allah the man who has done this action and I adjure him by my right over him that he should stand up. The blind man stood up and said, O Messenger of Allaah, I am the one who did it; she used to insult you and say bad things about you. I forbade her, but she did not stop, and I rebuked her, but she did not give up her habit. I have two sons like pearls from her, and she was kind to me. Last night she began to insult you and say bad things about you. So I took a dagger, put it on her belly and pressed it till I killed her. Thereupon the Prophet (peace and blessings of Allaah be upon him) said: Bear witness, there is no blood money due for her.
(Classed as saheeh by al-Albaani in Saheeh Abi Dawood, 3655)
It seems that this woman was a kaafir, not a Muslim, for a Muslim could never do such an evil action. If she was a Muslim she would have become an apostate by this action, in which case it would not have been permissible for her master to keep her; in that case it would not have been good enough if he were to keep her and simply rebuke her.
Al-Nasaai narrated (4071) that Abu Barzah al-Aslami said: A man spoke harshly to Abu Bakr al-Siddeeq and I said, Shall I kill him? He rebuked me and said, That is not for anyone after the Messenger of Allaah (peace and blessings of Allaah be upon him) . (Saheeh al-Nasaai, 3795)
It may be noted from this that the Prophet (peace and blessings of Allaah be upon him) had the right to kill whoever insulted him and spoke harshly to him, and that included both Muslims and kaafirs.
The second issue is: if a person who insulted the Prophet (peace and blessings of Allaah be upon him) repents, should his repentance be accepted or not?
The scholars are agreed that if such a person repents sincerely and regrets what he has done, this repentance will benefit him on the Day of Resurrection and Allaah will forgive him.
But they differed as to whether his repentance should be accepted in this world and whether that means he is no longer subject to the sentence of execution.
Maalik and Ahmad were of the view that it should not be accepted, and that he should be killed even if he has repented.
They quoted as evidence the Sunnah and proper understanding of the ahaadeeth:
In the Sunnah, Abu Dawood (2683) narrated that Sad ibn Abi Waqqaas said: On the Day of the Conquest of Makkah, the Messenger of Allaah (peace and blessings of Allaah be upon him) granted safety to the people except for four men and two women, and he named them, and Ibn Abi Sarh As for Ibn Abi Sarh, he hid with Uthmaan ibn Affaan, and when the Messenger of Allaah (peace and blessings of Allaah be upon him) called the people to give their allegiance to him, he brought him to stand before the Messenger of Allaah (peace and blessings of Allaah be upon him). He said, O Prophet of Allaah, accept the allegiance of Abd-Allaah. He raised his head and looked at him three times, refusing him, then he accepted his allegiance after the third time. Then he turned to his companions and said: Was there not among you any smart man who could have got up and killed this person when he saw me refusing to give him my hand and accept his allegiance? They said, We do not know what is in your heart, O Messenger of Allaah. Why did you not gesture to us with your eyes? He said, It is not befitting for a Prophet to betray a person with a gesture of his eyes.
(Classed as saheeh by al-Albaani in Saheeh Abi Dawood, 2334)
This clearly indicates that in a case such as this apostate who had insulted the Prophet (S), it is not obligatory to accept his repentance, rather it is permissible to kill him even if he comes repentant.
Abd-Allaah ibn Sad was one of those who used to write down the Revelation, then he apostatized and claimed that he used to add whatever he wanted to the Revelation. This was a lie and a fabrication against the Prophet (peace and blessings of Allaah be upon him), and it was a kind of insult. Then he became Muslim again and was a good Muslim, may Allaah be pleased with him. Al-Saarim 115.
With regard to proper understanding of the ahaadeeth:
They said that insulting the Prophet (peace and blessings of Allaah be upon him) has to do with two rights, the right of Allaah and the right of a human being. With regard to the right of Allaah, this is obvious, because it is casting aspersions upon His Message, His Book and His Religion. As for the right of a human being, this is also obvious, because it is like trying to slander the Prophet (peace and blessings of Allaah be upon him) by this insult. In a case which involves both the rights of Allaah and the rights of a human being, the rights of the human beings are not dropped when the person repents, as in the case of the punishment for banditry, because if the bandit has killed someone, that means that he must be executed and crucified. But if he repents before he is caught, then the right of Allaah over him, that he should be executed and crucified, no longer applies, but the rights of other humans with regard to qisaas (retaliatory punishment) still stand. The same applies in this case. If the one who insulted the Prophet (peace and blessings of Allaah be upon him) repents, then the rights of Allaah no longer apply, but there remains the right of the Messenger of Allaah (peace and blessings of Allaah be upon him), which still stand despite his repentance.
If it is said, Can we not forgive him, because during his lifetime the Prophet (peace and blessings of Allaah be upon him) forgave many of those who had insulted him and he did not execute them? The answer is:
The Prophet (peace and blessings of Allaah be upon him) sometimes chose to forgive those who had insulted him, and sometimes he ordered that they should be executed, if that served a greater purpose. But now his forgiveness is impossible because he is dead, so the execution of the one who insults him remains the right of Allaah, His Messenger and the believers, and the one who deserves to be executed cannot be let off, so the punishment must be carried out.
Al-Saarim al-Maslool, 2/438
Insulting the Prophet (peace and blessings of Allah be upon him) is one of the worst of forbidden actions, and it constitutes kufr and apostasy from Islam, according to scholarly consensus, whether done seriously or in jest. The one who does that is to be executed even if he repents and whether he is a Muslim or a kaafir. If he repents sincerely and regrets what he has done, this repentance will benefit him on the Day of Resurrection and Allaah will forgive him.
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) wrote a valuable book on this matter, entitled al-Saarim al-Maslool ala Shaatim al-Rasool which every believer should read, especially in these times when a lot of hypocrites and heretics dare to insult the Messenger (peace and blessings of Allah be upon him) because they see that the Muslims are careless and feel little protective jealousy towards their religion and their Prophet, and they do not implement the shari punishment which would deter these people and their ilk from committing this act of blatant kufr.
And Allah knows best. May Allah send blessings and peace upon our Prophet Muhammad and all his family and companions