E/CN.4/1993/62
page 81
Information concerning Ahmadis
It is feared that the amendment to Section 295C of the Pakistan
Penal Code concerning the offence of defiling the name of the Prophet Mohammad
(Gustakh-e-Rasool) may be particularly prejudicial to Pakistani citizens
belonging to the Ahmadi faith who are estimated to number 3 to 4 million.
Since reference by Ahmadis to the Prophet Mohammad is considered by orthodox
Muslims as blasphemy, the amendment mentioned above would make the death
penalty the mandatory punishment for the peaceful exercise of their religious
beliefs, although it applies to anyone showing disrespect to the Prophet.
Ahmadis were declared a non-Muslim minority by an amendment to the
Constitution introduced in 1974. Large-scale agitation against Ahmadis has
already led to bloodshed in 1953 and 1974.
In 1984, Ordinance XX introduced Sections 298B and 298C into the Pakistan
Penal Code which, referring specifically to Ahmadis, prohibited them from
calling themselves Muslims and using Muslim practices in worship or in the
propagation of their faith. The infringement of these laws was punished with
a term of imprisonment of up to three years and the payment of a fine. In
1991, Ordinance XXI which was promulgated on 7 July amended Section 295A of
the Pakistan Penal Code and the Code of Criminal Procedure to increase the
maximum punishment for outraging the religious feelings of any group from
2 years to 10 years of imprisonment. Although the majority of Ahmadis who
were charged and convicted under the Sections 298B and C and 295A were
released on bail, they have sometimes had to wait for periods extending from
several months to several years before being brought to trial.
Ahmadis are reportedly accused of committing the following offences when
they are prosecuted under Section 298C of the Pakistan Penal Code: offering
daily prayers, the use of Kalima Tayyaba, Azan, preaching, using Muslim
epithets and verses and ’posing as Muslims’. Ahmadis are alleged to have been
charged of ’posing as Muslims’ also under Section 295C which now carries the
death penalty. Some of the following acts are alleged to be considered as
’posing’ if carried out by Ahmadis:
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Using the greeting ’Asslam-o-Alaikum’;
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Writing ’Assalam-o-Alaikum’ and ’Inshallah’ on invitation cards for
inaugural ceremonies or the opening of a shop;
-
Writing ’Bismillah’ on wedding invitation cards or on the face of a
shop;
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Displaying a verse from the Koran on a neon sign or a calendar with
Koranic verses;
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Reciting the Koran out loud;
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Offering ’Janaza’ prayers;
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Writing ’Kalima’ on a tombstone.