This is part of my contribution to ‘Defamation of Religions: International Developments and Challenges on the Ground’, published by the Social Science Research Network, for the Cairo Institute on Human Rights Studies (CIHRS).

SECTION 3: CASE STUDIES FROM THREE OIC STATES

The Islamic Republic of Pakistan has a majority Muslim population, and has passed some of the world’s strictest national laws on blasphemy and the defamation of religion. Its provisions are established in the Pakistan Penal Code (PPC), its Criminal Procedure Code (CrPC) and its constitution. Many of these provisions were introduced or strengthened between 1977 and 1988 during the reign of military dictator Zia ul-Haq, known for his ‘Islamisation’ of the country, mostly under martial law. Under General Zia, Shari’a Benches were established in the high courts and the Supreme Court (which had the jurisdiction to examine the compliance of domestic laws with Islamic law, even if no complaint was brought before them),…

Social Science Research Network, 2011.

Abstract: This paper aims to provide a general overview of the current debate on religious defamation laws internationally, and to research and analyse the use and impact of the ‘defamation of religion’ concept and blasphemy laws on freedom of expression in three OIC member states. Part I of the paper will explore the evolution of the concept within the UN in three sections: Section One looks at the positions held by the OIC since the introduction of the initial resolution on defamation of religion at the UN; Section Two explores the counter positions held by NGOs and states in disagreement; and Section Three examines the treatment of this concept in other UN reports, namely from its committees and independent experts, as a measure of the current international consensus. Part II of this project is a study of three selected OIC member states: Algeria, Syria and Pakistan. In this section we present the national laws on religious defamation and…