Asia Bibi Case

Examining the Supreme Court Verdict through Sharīʻah and Ethical Principles

Abstract

The Asia Bibi blasphemy case has been among the most critical issues in Pakistan for the last decade. It has many offshoot cases and tribulations like the assassination of Governor Punjab Salman Taseer and minorities minister Shahbaz Bhatti and the execution of Mumtaz Qadari, etc. It has polarized the nation and produced a very tense and sentimental milieu in the country. On October 31, 2018, the Supreme Court of Pakistan acquitted Asa Bibi, who was previously sentenced to death by the trial court and Lahore High Court, giving her the benefit of the doubt. This verdict of the Apex Court of Pakistan outraged the religious clerics. They declared the verdict against Shaīʻah and morality and pronounced fatwās for the assassination of concerned judges. This scenario has created very significant implications for the role and interpretation of religion in Pakistan. The present paper studies the verdict in the light of the shaī'ah and morality. It argues that the verdict referred to is based on the principles of the shaī'ah and morality. The conclusion has been reached by identifying various principles of the shaīʻah applicable to such cases and analysing the verdict to see if these principles have been followed. The study finds that the concerned Judges have fully abided by the injunctions of the shaī'ah regarding exercising caution in punishing an accused, evaluating testimonies and placing the burden of proof on the accuser.