Blasphemy Case Research Articles

Judicial Activism in Pakistan: A Comparative Study of CJP Saqib Nisar and Umar Ata Bandial

This paper provides a detailed discussion of judicial activism in Pakistan, comparing the eras of two vastly different Chief Justices, Saqib Nisar and Umar Ata Bandial. This paper explores the core and contentious issues of activism on the court, the gains and pains of judicial activism, the impacts of activism on rights and freedoms, the impacts of activism on the executive, and the impacts of activism on social justice. Through discussion of the Mukhtar Mai and Blasphemy cases in the context of the cases, the study focuses on the additive role of the judiciary in common legal and social questions. In addition, the paper addresses the problems of caseload, public perception challenges, and security issues affecting the judiciary. For this reason, international views are incorporated to situate Pakistan’s judicial processes. Moreover, the paper compares the aggressive behaviour during the tenure of Chief Justice Nisar to the passive stance of the present Chief Justice Bandial and how they caused either favourable or unfavourable shifts in legal norms and society. Finally, the study provides specific suggestions for judicial reforms in the scenarios of case management, access to justice, and cooperation with international organizations in order to strengthen the judiciary as a result of Pakistan’s developing legal structure.

Interpretation and Application of Criminal Law Regarding Blasphemy Under Article 156a of the Criminal Code

The offense of blasphemy is complex and confusing due to its three distinct definitions: offense according to religion, offense against religion, and offense related to religion. This lack of clarity results in no clear boundaries for defining what constitutes blasphemy. This article explores the legal interpretation of blasphemy through an analysis of various court decisions and the opinions of religious leaders. Utilizing normative research methods complemented by field data from interviews with religious leaders, the study reveals that Article 156a of the Criminal Code lacks a precise definition of blasphemy, leading to broad and varied interpretations. The subjectivity of determining blasphemy is evident, as it often depends on the identity of the offended party. Additionally, resolving blasphemy cases, such as those involving deviant sects, necessitates theological dialogue rather than immediate recourse to punitive measures. The article notes that judicial decisions in blasphemy cases frequently rely on the testimony of religious experts, sometimes without sufficient consideration of the expert’s qualifications or the quality of their explanation of blasphemy.

Re-Evaluation of The Judicial System: Competence and Role of Religious Courts in Blasphemy Cases

Cases of blasphemy in Indonesia are a problem that still occurs frequently, such as the interpretation of verses in the holy book for personal and/or political gain. The main challenge in blasphemy legal cases is that the jurisdiction is under the District Court, but this raises questions about the role of the Religious Courts that already exist in Indonesia regarding blasphemy cases. Supposedly, religious courts should have proper knowledge and correct interpretation for cases related to religion, however, due to Indonesia's democratic and plural legal system, blasphemy cases fall under criminal law and are considered criminal cases, not civil cases, which makes them outside the jurisdiction of religious courts in terms of judgments. In comparison, Saudi Arabia has a form of religious court in its implementation, but the existence of the court is due to a national idea based on Sharia Law and not based on plural democracy, thus signifying major differences in national identity and basis, which leads to differences in decision-making bodies and law enforcers.

Discourse on Blasphemy In Ibn Abdulwahhāb's Kitabut-Tawhid, Vis-À-Vis Non-Muslims’ Attack on Islam In Yorubaland

Blasphemy has become a common practice among non-Muslims in Nigeria, most especially among the people in the northern part of the country. Muslims in the north are commonly reacting to this act. Their actions include the killing of the perpetrators. The thrust of this work is to discuss the relevance of the discourse on the blasphemy of Shaykh Muhammad Ibn AbdilWahhab in his book of Tawhīd. The methods employed are analytical and historical. The analytical method helped in analyzing the issue as rampant in the country, most especially in the north and how is tremendously uncommon in Yorubaland. The historical method also assisted in tracing the histories of blasphemous cases in Nigeria. The major findings in the work include the concept of blasphemy in Islam, Christianity, Judaism and Hinduism, among others. So also, the cases of blasphemy in Nigeria: Yorubaland in focus, however, includes the current issue i.e. the case of Abdul-Azeez Adegbola and TaloLohun (who is God). More so, the work encapsulates the punishment of blasphemy in Islam. However, the statements of scholars of Islam are mentioned. The work was concluded and certain recommendations were mentioned, to curb the menace of blasphemy in Nigeria and also a way of advising the Muslims in doing away with jungle justice but rather referring the cases to the appropriate authorities

Conservative Muslims in Indonesia’s religious and political landscapes: Ahok’s blasphemy case as a political leverage

Conservative Muslims in Indonesia’s religious and political landscapes: Ahok’s blasphemy case as a political leverage

Influence of Social Media on Court Decisions in Blasphemy Cases

This research aims to conduct an in-depth analysis of the influence of social media on judges' decisions in religious blasphemy cases in Indonesia. In the context of the digital era, social media has become the main arena where public opinion is expressed, discussions develop, and information spreads quickly. Cases of religious blasphemy often create waves of controversy and debate on social media, widening their impact in society. This research uses a qualitative approach to analyze how social media influences the judicial process, from its role in shaping public opinion to its possible influence on arguments presented in court. Through analysis of social media content and a study of significant religious blasphemy cases, this research aims to understand the extent to which opinions and pressure generated by social media can influence judges' decisions. It is hoped that the results of the analysis will provide a deeper understanding of the challenges faced by the justice system in facing the pressures and expectations of an increasingly dominant digital space, as well as provide a basis for improving justice policies and practices that are more adaptive to social and digital dynamics.

Fatwa Institutions in Handling Religious Blasphemy Crimes in Indonesia and Malaysia

The position of fatwa institutions in cases of blasphemy by cult groups is often seen as representing only the majority Muslims and blaming minority Muslims, as in Indonesia, or seen as a tool to suppress anti-government groups, as in Malaysia. This study aims to explain the position of the Indonesian Ulema Council (MUI) and Jawatankuasa Fatwa in handling heresy, including the reasons behind the differences in the positions and roles of the two institutions. Researchers use qualitative methods with a comparative legal approach. This study found that MUI's heretical fatwas had no legal force, the central MUI has the authority to enact heretical fatwas within MUI institutions, but not absolutely to respond to national laws, and not play a role in the criminal justice system. Meanwhile, Jawatankuasa Fatwa Kebangsaan (JFK) has the force of law with certain conditions, however, the federal state Jawatankuasa Fatwa has the authority to determine heretical fatwas to respond and strengthen state regulations (blasphemy laws). This research can be used as a reference for law enforcement in handling blasphemy cases by considering the views of MUI and Jawatankuasa Fatwa, which are regulated adequately by laws and regulations.

REDEFINING INDONESIA’S BLASPHEMY LAW IN THE DIGITAL AGE: A HUMAN RIGHTS PERSPECTIVE

This paper aims to examine the cascading impact of current conditions on the freedoms of expression and religious belief within Indonesia's online sphere, particularly amidst a rising trend of religious blasphemy cases. The dynamic nature of social interactions and discussions in cyberspace has fostered diverse interpretations influenced by subjective understandings of religion, often resulting in disputes of religious blasphemy. Employing a qualitative research method, the study analyses pertinent literary sources to provide insights into the practice of blasphemy laws and their detrimental effects on the freedoms of religion and expression. Indonesia, as a signatory of ICCPR and the Rabat Plan of Action, upholds constitutional guarantees of these freedoms. However, the current application of blasphemy regulations needs reform to better safeguard the rights of its citizens. By targeting laws that prohibit incitement to religious hatred, the legal framework can more effectively fulfill its primary objective of protecting people from discrimination and ensuring their dignity. This research underscores the urgency for Indonesia to recalibrate its approach to blasphemy laws, aligning them with international human rights standards. So that Indonesia can enhance its commitment to protecting freedom of expression and religious belief, fostering a more inclusive and rights-respecting environment for its diverse population.

Framing Analysis of Alleged Blasphemy Cases by Al-Zaytun Islamic Boarding School Leaders: Panji Gumilang on Detik.com and Republika.co.id Media for the July to August 2023 Period

Blasphemy is a significant and sensitive topic in the news, prompting mass media to allocate coverage to religious issues. This study utilizes qualitative methods, employing the framing model analysis of William A. Gamson and Andre Modigliani. The objective is to examine news concerning alleged blasphemy cases involving Panji Gumilang, the head of Al-Zaytun ponpes, as reported by Republika and Detik during the period from July to August 2023. Researchers scrutinized six news articles, three from Republika and three from Detik. The findings reveal that both Republika and Detik distinctly highlight ongoing investigations by law authorities into the blasphemy case attributed to Panji Gumilang. Republika's coverage primarily focuses on evidence exploration to gather information, reinforcing the report on the alleged blasphemy case for a smoother legal process and justice. In contrast, Detik examines the societal influence and impact of the blasphemy case. Meanwhile, Detik discussed the influence and impact of this blasphemy case on society. The reason for choosing the two media is because both have different backgrounds, Republika is a media born from the Muslim community that is more in-depth in news related to Islamic religious issues while Detik is a popular media whose reporting is neutral.

ANALISIS PENODAAN AGAMA DALAM PILKADA DKI JAKARTA TAHUN 2017 BERDASARKAN UNDANG-UNDANG NOMOR 1/PNPS/1965 DAN PANDANGAN MASLAHAH AL MURSALAH

In the case of blasphemy that occurred during the 2017 Jakarta Gubernatorial Election, Law No. 1/PNPS/1965 served as the legal foundation for addressing perpetrators who engaged in acts of blasphemy and according to the concept of Maslahah Al Mursalah aims to ensure that this legal decision not only meets legal requirements but also promotes the welfare of society and maintains interfaith harmony. This paper provides is to examine the regulation of blasphemy in Law No. 1/PNPS/1965 and the correlation of its application in the 2017 Jakarta Gubernatorial Election with the perspective of Maslahah Al Mursalah. The research Results of research (1) The regulation of blasphemy in the 2017 Jakarta Gubernatorial Election based on Law No. 1/PNPS/1965 lacks explicit clarity regarding the definition of blasphemy. (2) The correlation between the application of Law No. 1/PNPS/1965 in the 2017 Jakarta Gubernatorial Election and the perspective of Maslahah Al Mursalah arises in the context of security and law enforcement during the election because of cases of blasphemy. Maslahah Al Mursalah's view on the implementation of the law ensures that legal decisions not only meet legal requirements but also promote the welfare of society and maintain interfaith harmony.

Analysis of The Judge's Decision Regarding the Blasphemy’s Cases

The background to this research arises from the complexity and significance of religious blasphemy cases which are increasingly developing in Indonesia. This phenomenon not only creates commotion in the social realm, but also raises serious challenges in the legal and judicial context. The increasing cases’ number of religious blasphemy indicates a significant development in the diversity of opinion and expression in society. However, behind this diversity, there is an unclear legal boundary regarding religious blasphemy which often causes uncertainty in determining guilt and determining proportional punishment, even though it is actually regulated in the Information and Electronic Transactions Law. The role of media and social media is an important factor that increasingly complicates the dynamics of religious blasphemy cases, its coverage and discussions on online platforms can play a significant role in shaping public opinion and influencing the course of the judicial process. The impact is not only limited to the national level, but can create a domino effect in a global context. Meanwhile, judicial independence is often in the spotlight, because pressure and influence from various parties can influence judges' decisions. Therefore, this research was conducted to provide an in-depth understanding of these aspects. Analysis of the judge's decision in the religious blasphemy case carried out by Lina Mukherjee on social media is important for dissecting the legal and social dynamics involved, as well as providing a basis for recommendations for improvements in the justice system in order to achieve balanced justice and protected human rights.

KEBIJAKAN PENAL DAN NON PENAL PEMERINTAH DALAM PENANGGULANGAN TINDAK PIDANA PENODAAN AGAMA DI INDONESIA

Over the last 40 years, cases of religious blasphemy in Indonesia have almost had the same pattern. Therefore, the problem that will be raised in this article is related to the prevention of religious blasphemy carried out by the government, especially the police and other law enforcers. Based on its role and function, referring to the decree of the President of the Republic of Indonesia number 1/PNPS of 1965 concerning the prevention of abuse and/or blasphemy of religion, the police protect religion and religious practices that develop in society and protect every religious belief and practice carried out by its followers. In practice, there are many cases of religious abuse/blasphemy that are misleading to people who do not understand religion. The method used in this research is a normative legal approach, meaning that research is carried out by referring to legal norms that apply in society and those in positive law. With regard to the state's duty to guarantee religious freedom, especially the police as a law enforcement institution regulated in Article 156a of the Criminal Code.

The Matter of Personae in Medieval Italy

Abstract This article hunts for the medieval understanding of juridical persona in the courtrooms of communal Italy (c.1250–1450). While corporate personae have been the long-favored subject of inquiry for both medieval and modern scholars, the ontological predecessor of the corporate persona, the juridical persona, remains undertheorized. The gap is surprising given that (i) the concept is central to other formative legal notions of standing, status, and identity and (ii) medieval legal practice’s erstwhile penchant was to gloss and re-gloss every word of its central texts. By considering cases of gestural blasphemy brought before both civic and ecclesiastical courts, this article discovers the multiple and context-specific meanings for persona at law. These shifting definitions hover around a theological impossibility: a material quality to divine persons that could render them subject to injury and defendable in court. I contend that the legal utility of the term persona rested in its ability to bridge conceptual gaps like that created in the prosecution of blasphemy. Persona was left definitionally both one and many for good legal reason.

Appraisal System on Twitter: An Attitudinal Analysis Toward Alleged Islamic Blasphemy Case of M Kece

This study examines the public's assessment of an Islamic blasphemy case named M. Kece on Twitter. It is a qualitative descriptive study. The data is a public assessment regarding the Islamic blasphemy case named M. Kece on Twitter using Appraisal Theory (Martin & White, 2005). Focusing on Attitudinal Analysis, the result shows the Attitudinal Analysis in social media, precisely Twitter, on the alleged Islamic blasphemy of M. Kece. Judgment is the most dominant, with as much as 54% over Affect (19%) and Appreciation (27%). In all three, more than three fourth of the data are negative. This dominant negative appraisal of netizens of Twitter users shows the public's assessment of what M. Kece has done, namely the content of his YouTube channel, which was reported and imprisoned due to a blasphemy case. This study affirmed that all content creators must be careful about the content they post. On the other hand, the viewer also must be selective about the content they access on social media not to be misleading. AbstrakStudi ini mengkaji penilaian publik terhadap kasus penistaan agama Islam bernama M. Kece di Twitter. Penelitian ini menggunakan pendekatan deskriptif kualitatif. Data dalam penelitian ini adalah penilaian publik terkait kasus penistaan agama Islam bernama M. Kece di Twitter dengan menggunakan Appraisal Theory (Martin & White, 2005). Berfokus pada Analisis Sikap, hasilnya menunjukkan Analisis Sikap di media sosial, tepatnya Twitter, tentang dugaan penistaan agama Islam terhadap M. Kece. Afeksi adalah yang paling dominan, dengan sebanyak 54% di atas judgment (19%) dan Apresiasi (27%). Dari ketiga kategori ini, lebih dari tiga perempat data merupakan penialaian negatif. Dominasi penilaian netizen pengguna Twitter ini menunjukkan penilaian mereka terhadap apa yang telah dilakukan M. Kece, yaitu konten channel YouTube-nya yang dilaporkan dan dipenjara akibat kasus penistaan agama. Penelitian ini menegaskan bahwa semua pembuat konten harus berhati-hati dengan konten yang mereka posting. Di sisi lain, penonton juga harus selektif terhadap konten yang mereka akses di media sosial agar tidak menyesatkan.

تصورِ تحفظ ِناموسِ رسالت: قاضی عیاض کی " الشفاء بتعریف حقوق المصطفی " کا ایک مطالعہ

This paper studies the concept of Protection of honor of the Prophet peace be upon him in the light of invaluable book “ al- Al-Shifāʻ bi Taʻrīf Huqūq al-Mustafā penned by the renowned scholar Qādī ʻIyād. From the principle stated by Qazi Ayaz, the article finds that when blood of a person is declared permissible in a blasphemy case, all the requirements of research and investigation should be fulfilled before the death penalty. It is very important to have reliable, clear and strong testimony to confirm the insolence and blasphemy of the Messenger of Allah. The accused will be released in case of insufficient evidence. The power of punishment rests only with the system and the ruler, and the ruler will punish when the evidence of the crime is provided.

Juridical Analysis of Blasphemists of Religion Based on Criminal Perspective

Indonesia is a heterogeneous and pluralist country, especially regarding religious diversity. Although different, all religions in Indonesia become one in the spirit of Bhinneka Tunggal Ika. However, the issue of blasphemy is considered taboo and very sensitive because it concerns interfaith and intertribal or ethnic interests. Therefore, the state is present to anticipate this problem with pre-prepared laws and regulations. So the purpose of this study is to find out and analyze related punishments and criminal violations related to blasphemy based on applicable legal regulations and theories in Indonesia. The method used is to study laws and regulations that are the primary references, books and legal journals as secondary material, and websites and social media as tertiary material. Indonesia's diverse society and democratic values demand that the country maintain harmony among different cultures. The state has prepared Article 156a to protect religion and its adherents, like other articles in the law. In blasphemy cases, the state should mediate and resolve disputes, punish violators, and support victims. Extensive discussions and analyses using various sources have been conducted about blasphemy cases.

Indonesia’s Fragmented Responses to International Pressure During the 2016–2017 Blasphemy Case

This article examines how states respond to the use of international pressure as an instrument for promoting freedom of religion or belief (FoRB). It applies the framework of stigma management to understand the responses of Indonesia to international pressure due to the imprisonment of Basuki Tjahaja Purnama or Ahok for allegedly defaming Islam (2016–2017). This article argues that the responses were not monolithic. The state articulated a narrative that affirmed the importance of protecting FoRB, but also held that it is less urgent compared to respecting the rule of law and maintaining Indonesia’s sovereignty. The Indonesian Islamists disseminated a narrative that rejected the FoRB norms, framing them as an expression of Western hypocrisy. This variety of responses is reflective of the domestic political configuration. The state’s narrative was intended to appease the increasingly powerful Islamists and mitigate the international loss of reputation. The Islamists’ response, meanwhile, reflected their attempts to neutralize the influence of international discourses of FoRB on their projects to increase their domestic power. Combined, however, these discourses resulted in the justification of Ahok’s prosecution and the practice of Indonesian blasphemy laws.

Strategi Inquiry Dalam Mengajarkan Toleransi Beragama di SMP IT Aziziyah Binjai

This study aims to find out how the inquiry learning strategy is applied to Islamic Religious Education subjects with the theme of religious tolerance. This study uses a qualitative phenomenological method with data collected through reading materials which are then carried out by observations and interviews by researchers who go directly to the field. Data is processed and analyzed by reducing data, presenting data and drawing conclusions. The following are the results of this study; inquiry strategy in applying inquiry learning to the subject of tolerance, namely, 1) the teacher provides opportunities for students to ask questions about intolerance cases in the form of rampant cases of blasphemy, treatment or discrimination based on ethnicity, religion, race, gender, and so on -others, 2) the teacher forms small groups for students 5-6 people, 3) the teacher directs them to carry out discussions and draw conclusions from the problem of material tolerance by linking the basis of God's word in the Qur'an. Besides that, the development of learning is in the form of observing the material studied with the development of society. The results of this study will have implications for the development of a 'research-based learning model theory in tolerance learning' in Islamic religious education.
 Keywords: Inquiry Learning Model, Islamic Religious Education, Educators, Students, Tolerance.

Disparity of Conviction Cases Blasphemy in Indonesia

Although freedom about religion has been guaranteed in Pancasila and the 1945 Constitution, in reality problems in society related to religion still occur, such as insults, degrading the beliefs of a group to problems related to the place of worship of a religion. The constitution, which guarantees freedom of expression, is widely abused so that there are unlawful acts, one of which is blasphemy. Judges with free and independent judicial power or the principle of freedom of judges, play an important role in realizing justice for society. However, the disparity of punishment in blasphemy cases has caused controversy about the freedom of judges who are considered not to meet the sense of justice of society. The focus of this study is on the disparity of punishment in blasphemy cases that go viral on social media. This is a descriptive research with a normative legal approach method (normative juridical) carried out by means of a literature study. The data collection tool used in this study is data in the form of document studies and literature tracing. The analytical knife in research is legislation, legal Grand Theory such as evidentiary theory and legal principles such as the principle of Equality before the Law, the Principle of Fair Trial, the principle of freedom of judges, the principle of contante justitie, the principle of justice, certainty and expediency of law and the principle of Nemo Judex Idoneus In Propria Causa.
 Based on the results of the study, it is understood that the principle of judge freedom is based on a negative evidentiary system, but with their beliefs and freedom, judges in deciding cases are often influenced by the judge's culture, namely the subjectivity of judges and the existence of intervention and intimidation which results in the disparity of punishment in blasphemy cases which is a fairly sensitive issue in Indonesia.

Perkembangan Delik Penodaan Agama Di Indonesia: Perspektif Historis Konstitusional

The blasphemy offense in Indonesia is a strategic offense to be discussed in detail, historically and constitutionally. In this case religion is protected by the state, and religion is a guideline in society, nation and state, so that the existence of religion becomes the spirit of the formation of this country. Religious life cannot be separated from the discussion of religious freedom which is part of human rights. Freedom of religion in Indonesia is based on the First Precept of Belief in the One Supreme God, where freedom is freedom based on the values of religion that live in Indonesia. One's religious freedom will be face to face with the religious rights of others, so it requires rules to maintain common order. These religions include Islam, Christianity, Catholicism, Hinduism, Buddhism, and Confucianism which have been mentioned in the explanation of the Presidential Decree Law No. 1/1965 on the abuse/blasphemy of religion, and submits Article 156a to be part of Article 156 of The Criminal Code. The research uses normative legal research methods with historical and case approaches. The essence of the blasphemy regulation is to regulate harmonious religious life. This article will discuss the state's protection of religion and religious life from a historical-constitutional perspective as well as cases of blasphemy against religion that have occurred. By knowing some of the cases that occurred, both blasphemy against religion in the form of hate speech and the destruction of houses of worship, it will be easy to analyze the causal factors and solutions that must be carried out by both the government and the community