⚖ Scholarly Inquiry on the Punishment for Blasphemy in Hanafi Jurisprudence
In public discourse and social media debates, a recurring question is raised: Does Hanafi jurisprudence prescribe the death penalty for blasphemy against the Prophet ﷺ?
On this basis, several individuals—most notably Arafat Mazhar and his supporters—advocate for the repeal or amendment of Pakistan’s current blasphemy laws. This article presents an academic examination of Arafat Mazhar’s research, his assertions, and the objectives of his movement.
Arafat Mazhar is a computer engineer who earned his degree in Computer Science from FAST University in 2007. In recent years, he has initiated advocacy and research activities related to blasphemy laws.
His central aim is to amend the blasphemy laws in Pakistan, especially to eliminate the death penalty for non-Muslim blasphemers of the Prophet ﷺ.
The movement pursues the following goals:
① Amendments in the blasphemy laws
② Abolishment of the death penalty for non-Muslim blasphemers
③ Utilizing selective Hanafi legal opinions to argue that Hanafi jurisprudence does not prescribe such a punishment
According to Arafat Mazhar, since the current law is based on Islamic jurisprudence, it must be challenged using Islamic jurisprudence itself. He claims that the two foundational pillars of the law—its status as ḥadd and its ijmāʿ-based authority—can be dismantled through critical analysis of classical jurisprudence.
Arafat Mazhar asserts that Imām Abū Ḥanīfah and other Hanafi jurists did not support the death penalty for non-Muslim blasphemers. However, the truth is as follows:
Reference from Khulāṣat al-Fatāwā:
Imām Iftikhār al-Dīn Ṭāhir ibn Aḥmad al-Bukhārī (d. 542 AH) writes:
"Whoever commits blasphemy against the Prophet ﷺ, whether Muslim or non-Muslim, the punishment is death—and this is the consensus of all jurists."
(Khulāṣat al-Fatāwā, Vol. 4, p. 386)
Explanation by Ibn ʿĀbidīn al-Shāmī:
Imām Ibn ʿĀbidīn al-Shāmī explicitly affirms in Radd al-Muḥtār that both earlier and later Hanafi scholars are in consensus on this ruling.
(Radd al-Muḥtār, Vol. 3, p. 173)
Arafat Mazhar argues that the pact of a dhimmī blasphemer remains intact and he may be pardoned. However, Hanafi jurisprudence clearly addresses this:
Reference from Tafsīr Madārik al-Tanzīl:
Imām al-Nasafī (d. 710 AH) writes:
"When a dhimmī openly insults Islam, his pact is nullified and he can be executed."
(Madārik al-Tanzīl, Vol. 1, p. 667)
Stance of Prominent Scholars of the Subcontinent:
Great scholars of the Indian subcontinent, including Qāḍī Thanā’ullāh Pānīpatī, Mawlānā Ashraf ʿAlī Thānvī, and Mawlānā Aḥmad Riḍā Khān Barelwī, all upheld the position that non-Muslim blasphemers of the Prophet ﷺ should be given the death penalty.
(Imdād al-Fatāwā, Vol. 4, p. 166)
To support his arguments, Arafat Mazhar references a 19th-century book titled Fatḥ al-Mubīn, claiming that 450 scholars endorsed the view that non-Muslim blasphemers may be pardoned. However, this claim is refuted due to the following reasons:
✔ The scholars only attested to certain sections of the book—not its entirety.
✔ In contrast, other fatwā collections from the subcontinent, such as Fatāwā Riḍawiyyah and Imdād al-Fatāwā, explicitly affirm the death penalty for non-Muslim blasphemers.
Pakistan’s blasphemy law aligns with the unanimous stance of the majority of the Muslim Ummah.
Efforts to repeal or amend this law not only weaken Islamic principles but also risk creating widespread societal unrest.
✔ Prevent Misuse of the Law:
Implement administrative reforms to curb misuse of the law and enforce strict action against false accusers.
✔ Raise Public Awareness:
Educate the masses on the gravity of blasphemy and the seriousness of the offense.
✔ Support Legal Defense through Research:
Engage in rigorous scholarly research on the fiqhi and legal aspects of the law to effectively counter objections and misinterpretations.
Arafat Mazhar’s assertions and research are contrary to the established principles and historical facts of Islamic jurisprudence.
His true aim is the abolition of the existing blasphemy law, rather than the implementation of the genuine spirit of Sharīʿah.
The views of both classical and later Hanafi jurists clearly establish that the punishment for a blasphemer of the Prophet ﷺ—whether Muslim or non-Muslim—is death.
Introduction
In public discourse and social media debates, a recurring question is raised: Does Hanafi jurisprudence prescribe the death penalty for blasphemy against the Prophet ﷺ?
On this basis, several individuals—most notably Arafat Mazhar and his supporters—advocate for the repeal or amendment of Pakistan’s current blasphemy laws. This article presents an academic examination of Arafat Mazhar’s research, his assertions, and the objectives of his movement.
Arafat Mazhar: A Brief Profile
Arafat Mazhar is a computer engineer who earned his degree in Computer Science from FAST University in 2007. In recent years, he has initiated advocacy and research activities related to blasphemy laws.
His central aim is to amend the blasphemy laws in Pakistan, especially to eliminate the death penalty for non-Muslim blasphemers of the Prophet ﷺ.
Objective and Strategy of the Movement
The movement pursues the following goals:
① Amendments in the blasphemy laws
② Abolishment of the death penalty for non-Muslim blasphemers
③ Utilizing selective Hanafi legal opinions to argue that Hanafi jurisprudence does not prescribe such a punishment
According to Arafat Mazhar, since the current law is based on Islamic jurisprudence, it must be challenged using Islamic jurisprudence itself. He claims that the two foundational pillars of the law—its status as ḥadd and its ijmāʿ-based authority—can be dismantled through critical analysis of classical jurisprudence.
Hanafi Jurisprudence and Blasphemy: Facts and Evidences
① False Claim: Hanafi Fiqh Does Not Prescribe Death for Blasphemy
Arafat Mazhar asserts that Imām Abū Ḥanīfah and other Hanafi jurists did not support the death penalty for non-Muslim blasphemers. However, the truth is as follows:
Reference from Khulāṣat al-Fatāwā:
Imām Iftikhār al-Dīn Ṭāhir ibn Aḥmad al-Bukhārī (d. 542 AH) writes:
"Whoever commits blasphemy against the Prophet ﷺ, whether Muslim or non-Muslim, the punishment is death—and this is the consensus of all jurists."
(Khulāṣat al-Fatāwā, Vol. 4, p. 386)
Explanation by Ibn ʿĀbidīn al-Shāmī:
Imām Ibn ʿĀbidīn al-Shāmī explicitly affirms in Radd al-Muḥtār that both earlier and later Hanafi scholars are in consensus on this ruling.
(Radd al-Muḥtār, Vol. 3, p. 173)
② Punishment for a Dhimmī (Non-Muslim under Islamic Pact)
Arafat Mazhar argues that the pact of a dhimmī blasphemer remains intact and he may be pardoned. However, Hanafi jurisprudence clearly addresses this:
Reference from Tafsīr Madārik al-Tanzīl:
Imām al-Nasafī (d. 710 AH) writes:
"When a dhimmī openly insults Islam, his pact is nullified and he can be executed."
(Madārik al-Tanzīl, Vol. 1, p. 667)
Stance of Prominent Scholars of the Subcontinent:
Great scholars of the Indian subcontinent, including Qāḍī Thanā’ullāh Pānīpatī, Mawlānā Ashraf ʿAlī Thānvī, and Mawlānā Aḥmad Riḍā Khān Barelwī, all upheld the position that non-Muslim blasphemers of the Prophet ﷺ should be given the death penalty.
(Imdād al-Fatāwā, Vol. 4, p. 166)
③ The Reality Behind Arafat Mazhar’s Claims
To support his arguments, Arafat Mazhar references a 19th-century book titled Fatḥ al-Mubīn, claiming that 450 scholars endorsed the view that non-Muslim blasphemers may be pardoned. However, this claim is refuted due to the following reasons:
✔ The scholars only attested to certain sections of the book—not its entirety.
✔ In contrast, other fatwā collections from the subcontinent, such as Fatāwā Riḍawiyyah and Imdād al-Fatāwā, explicitly affirm the death penalty for non-Muslim blasphemers.
Background of the Current Law
Pakistan’s blasphemy law aligns with the unanimous stance of the majority of the Muslim Ummah.
Efforts to repeal or amend this law not only weaken Islamic principles but also risk creating widespread societal unrest.
🛡 Action Points
✔ Prevent Misuse of the Law:
Implement administrative reforms to curb misuse of the law and enforce strict action against false accusers.
✔ Raise Public Awareness:
Educate the masses on the gravity of blasphemy and the seriousness of the offense.
✔ Support Legal Defense through Research:
Engage in rigorous scholarly research on the fiqhi and legal aspects of the law to effectively counter objections and misinterpretations.
Conclusion
Arafat Mazhar’s assertions and research are contrary to the established principles and historical facts of Islamic jurisprudence.
His true aim is the abolition of the existing blasphemy law, rather than the implementation of the genuine spirit of Sharīʿah.
The views of both classical and later Hanafi jurists clearly establish that the punishment for a blasphemer of the Prophet ﷺ—whether Muslim or non-Muslim—is death.
