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February 10, 2006
Blast-phemy II
Well, I'll be a ... :
Denmark, where the Muhammad drawings were first published, has a law providing for fines and up to four months in jail for anyone who "publicly offends or insults a religion that is recognised in the country".However, a court case brought by 11 Muslim groups last October against the paper that printed the Danish cartoons was thrown out, with the judges considering that the issue of freedom of expression was more important than the ban on blasphemy.
Norway has a public-order law dating from the 1930s which outlaws blasphemy in principle on pain of up to six months in jail. However, it is never used.
Germany has an anti-blasphemy law dating from 1871, but it has been little used in recent decades.
It was, however, successfully used in 1994 to ban a musical comedy that ridiculed the Catholic doctrine of the immaculate conception by portraying crucified pigs.
Italy has a law against "outrage to a religion", which has recently been used against the journalist Oriana Fallaci for her outspoken statements and writings on Islam.
That case, which adds a charge of "incitation to inter-religious hatred", is still pending.
The Netherlands has a law proscribing what is called "scornful blasphemy", and providing for up three months in jail and a fine of $85.
The last major case brought under the law - in 1968 against a writer who wrote a poem about having sex with God - was thrown out of court.
Austrian law prohibits the ridiculing of a religion, on pain of up to six months in jail.
But, no attempt was made to use it last year when a book of cartoons was published depicting the Christian prophet Jesus as a marijuana-smoking hippie.
Poland, an overwhelmingly Catholic country, has a legal provision against publicly offending a person's religious feelings, with up to two years in prison.
An artist, Dorota Nieznalska, is being sued under the law for a sculpture in which male genitals were shown attached to a Christian crucifix. [AFP via News24.com]
So what sort of blasphemy is blasphemy in these countries?
Posted by aisehman at February 10, 2006 09:31 AM
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Comments
Like I mentioned in your earlier posting, the Europeans(many EU countries anyway) have a extremely different way of seeing things. They are generally liberal and allow most things, or at least close an eye. Yes they have 'old' laws against blasphemy, but as your own examples show, they have generally not been used for decades, whether the insult was to Islam, Christianity etc.
It is debatable whether their 'godless' way of life is better or worse, but it is their choice, their country, their society. An analogy would be our anti-homosexual laws(which we inherited from the British by the way,; see how far different they are now), which I won't debate on at this moment. But we implement it 'selectively' and when other countries complain about it, we effectively tell them it is our 'culture' not to accept homosexuality, no matter what others think. Hope this gives some perspective.
Posted by: huajern at February 10, 2006 10:47 AM
This episode is an overblown issue by insensitive people who caused the furore and stoked by "batu api" characters and gullible zeaolots who bites the bait and turn it into an international inferno. Just let it end and not stoke the flames any further.
FYI a Christian ultra may just take your calling Jesus a "Christian prophet" as blasphemy too. When, then, is this going to end?
Posted by: daniel at February 10, 2006 12:03 PM
Huajern:
Point taken. But for all the bluster about the freedom of expression being absolute, the existence of the blasphemy laws show that the Europeans have drawn the line on the very issue that sparked this whole thing off - blasphemy.
The laws show that it is within the nature of European society to entertain curbs on that freedom in the case of blasphemy.
The fact also remains that the anti-blasphemy laws have been invoked in recent times in some of the countries above.
Furthermore, look at Denmark: the judges threw out the cartoon suit because they were of the opinion that the freedom of expression was more important.
Fine. But considering that to Muslims, some of the cartoons were extremely offensive, ie. blasphemous to the max, the question that then comes to mind is what sort of blasphemy does it take before the courts say ok, this is a case we'll consider?
Why not repeal the anti-blasphemy law as even some of the worst kind of blasphemy (to Muslims) is not even entertained by the courts?
Why still have it?
And if there is a need for the law to remain, then again, my question, what sort of blasphemy is blasphemy?
Posted by: Aisehman at February 10, 2006 01:06 PM
daniel:
End as in go back to where we were before this whole thing?
Or end as in together, we work our way out of this mess?
The second option requires compromise.
And FYI, for many Christians and Jews, probably the entire Quran is blasphemous, just as we Muslims find the Holy Trinity blasphemous, and the Jews' rejection of Jesus and Muhammad blasphemous.
Also, in Islam, Jesus is not the "Christian" prophet.
Posted by: Aisehman at February 10, 2006 01:21 PM
Ours is not a perfect world nor do people every where have equal rights. One percent of the world's population control 90 percent of the world's wealth and thousands are dying daily because of cruel poverty.
Blasphemy or not, the important lesson to live by is to realise that it is not what happen to us that is right or wrong but how we react or response to provocative situations, difficult people, unfair laws and puzzling circumstances.
Believe me, the world would be a better place if we can bless those who curse us. We cannot change the mind of those who beliefs are radically different from us but we can touch their hearts by the way we response in truth and in love.
The ancient scripture teaches that "Blessed are those who are insulted, cursed, persecuted for theirs is the Kingdom of Heaven".
Posted by: notso at February 10, 2006 01:38 PM
Aisehman
You are right on the dot. Your perception as always is thought provoking. Fundamentally, you cannot change the religious belief of another person by logic or by pointing out the falsehoods. So then how should the multi religious community live together with this blasphemous divide over them? All religions would teach their followers to live in peace and be kind to those who oppose their religion.
Posted by: notso at February 10, 2006 02:37 PM
It is erroneous to consider Europe as a homogeneous entity, just like some Europeans consider all Asia as the same. Certain countries take their blasphemy laws more seriously, Italy for example. Germany is also a bit more conservative with the media/speech due to their history. Others don't give a damn.
The reason the laws are still on the books(in the more liberal states) is probably cos most people don't know/care as it is hardly ever mentioned. And when it is invoked, it gets thrown out by their courts.
Why were they invoked inthe certain cases? Well politicians everywhere are the same-la.
I am not supporting the paper for publishing the cartoons(which was dumb). Just trying to see things thru their viewpoint, and maybe understanding it better.
Posted by: huajern at February 10, 2006 04:57 PM
Huajern:
I too am trying to understand this supposedly non-negotiable adherence to the principle of absolute freedom of expression.
But the blasphemy laws are to me evidence that the adherence IS negotiable, and the freedom NOT absolute in several European countries that were among the most vocal in expressing horror at the thought that the press should refrain from insulting religions.
Posted by: Aisehman at February 10, 2006 06:27 PM
http://www.thenation.com/doc/20060227/younge
Posted by: chez1978 at February 11, 2006 12:24 AM
I wish you could obtain a copy of the govt mandated Tazkirah for BTN camps that are compulsory for students heading overseas.
I agree that many european nations have a bad case of double-standards, but I would like to see the govt's reaction towards explicit criticsm of non state religions contained in the aforementioned material.
Posted by: oster at February 15, 2006 09:06 AM