Fatwas, Blasphemy Laws, and the Case of Engineer Muhammad Ali Mirza: A Legal and Religious Perspective

Fatwas, Blasphemy Laws, and the Case of Engineer Muhammad Ali Mirza: A Legal and Religious Perspective

Introduction

The recent arrest of Engineer Muhammad Ali Mirza under Section 3 of the Maintenance of Public Order (MPO) and subsequent registration of a First Information Report (FIR) under Section 295-C PPC has reignited the debate on misuse of blasphemy laws and the unauthorized issuance of fatwas. The controversy began when Engineer Mirza, during one of his lectures, critically discussed Christian perspectives regarding Prophet Muhammad (ﷺ). In response, Mufti Asif Ashraf Jalali, a Barelvi cleric, issued a fatwa demanding capital punishment for Mirza. Later, other respected scholars and jurists declared Jalali’s fatwa to be illegitimate, unfair, and against the principles of Islam.

This episode raises two critical questions:

1. What is the legal position of fatwas in Pakistan?

2. Who is qualified in Islamic jurisprudence to issue a fatwa?

The Legal Framework: Section 295-C PPC and the MPO

• Section 295-C of the Pakistan Penal Code criminalizes derogatory remarks against the Holy Prophet Muhammad (ﷺ), prescribing the death penalty or life imprisonment. Unfortunately, this provision has been repeatedly misused to settle personal scores or suppress dissenting voices.

• Section 3 MPO empowers authorities to detain any person considered a threat to public order. Engineer Mirza’s arrest under this provision reflects a preventive measure rather than a proven act of blasphemy.

While the state must safeguard the sanctity of religion, it also bears the constitutional obligation to protect citizens from false allegations, mob justice, and arbitrary fatwas.

The Concept of Fatwa in Islam

A fatwa is a non-binding legal opinion issued by a qualified Muslim jurist (mufti) in response to a question. It is not a decree of punishment; rather, it serves as guidance on religious or legal matters. In classical Islamic tradition, a fatwa must:

1. Be based on Qur’an, Sunnah, Ijma (consensus), and Qiyas (analogy).

2. Avoid issuing judgments that lead to bloodshed without due process of law.

3. Be issued only by those with deep expertise in Islamic law (fiqh), theology, and usul al-fiqh (principles of jurisprudence).

Qualifications of a Mufti / Jurist to Issue a Fatwa

According to classical jurists like Imam al-Nawawi, Ibn Abidin, and Al-Ghazali, the following qualifications are essential for a person to issue a fatwa:

1. Knowledge of the Qur’an: A mufti must know the meanings, contexts, and abrogations (naskh) of Qur’anic verses.

2. Knowledge of Sunnah: Familiarity with authentic hadith, their classifications, and the principles of hadith criticism.

3. Mastery of Usul al-Fiqh: Understanding principles of deriving rulings, analogy, consensus, and juristic preference.

4. Knowledge of Arabic Language: Since the Qur’an and Sunnah are in Arabic, mastery over its grammar, rhetoric, and semantics is vital.

5. Awareness of Contemporary Realities: A mufti must understand social, political, and legal contexts to avoid impractical or harmful rulings.

6. Piety and Impartiality: A mufti must fear Allah, act sincerely, and avoid bias, political influence, or sectarian agendas.

Imam Ibn al-Qayyim warned:

“To give fatwa without knowledge is among the gravest of sins, for it is to speak about Allah without authority.”

The Dangers of Irresponsible Fatwas

When unqualified individuals issue fatwas calling for violence or execution, they bypass the judicial process and encourage mob vigilantism. In the case of Engineer Muhammad Ali Mirza:

• The fatwa by Mufti Jalali has no legal standing in Pakistan.

• Only a court of law can determine guilt under Section 295-C after due process.

• Other scholars rightly condemned such fatwas as anti-Islamic since Islam emphasizes justice, due procedure, and avoiding false accusations.

Constitutional and Legal Safeguards in Pakistan

• Article 10A of the Constitution guarantees the right to fair trial.

• Article 20 protects the right to profess and practice religion.

• The Supreme Court of Pakistan has repeatedly stressed that no individual or group has the authority to enforce fatwas or punish others without legal process (e.g., PLD 1993 SC 341 – Zaheeruddin case).

Thus, issuing a fatwa calling for execution is not only un-Islamic but also illegal under Pakistani law.

Conclusion and Recommendations

The case of Engineer Muhammad Ali Mirza demonstrates the urgent need for reform in handling blasphemy allegations and strict regulation of fatwa issuance. To prevent misuse:

1. The state should establish a centralized body of qualified jurists to oversee fatwas, ensuring they meet Islamic and constitutional standards.

2. Criminal penalties should apply to those who issue fatwas inciting violence without judicial authority.

3. Public awareness campaigns must clarify that fatwas are advisory, not binding decrees.

4. Allegations under Section 295-C PPC must be strictly scrutinized, with safeguards against false complaints.

In Islam, justice is paramount, and no individual has the authority to bypass due process. The reckless issuance of fatwas, particularly those demanding capital punishment, not only distorts Islamic teachings but also threatens social harmony and rule of law.