Enforced Apostasy: Zaheeruddin v. State ... Ordinance No. XX of 1984

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Enforced Apostasy: …

Enforced Apostasy: Zaheeruddin v. State and the Official Persecution of the Ahmadiyya Community in Pakistan

APPENDIX I

Ordinance No. XX of 1984 *244
The Gazette of Pakistan Islamabad, Thursday, 26 April 1984 No.F.17(1)84-Pub.

The following Ordinance made by the President is hereby published for general information:

An Ordinance to amend the law to prohibit the Quadiani group, Lahori group and Ahmadis from indulging in anti-Islamic activities

WHEREAS it is expedient to amend the law to prohibit the Quadiani group, Lahori group and Ahmadis from indulging in anti-Islamic activities:

AND WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate action:

NOW, THEREFORE, in pursuance of the Proclamation of the fifth day of July, 1977, and in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate the following Ordinance:

PART I.

PRELIMINARY

Short title and commencement.

(1)	This Ordinance may be called the Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984.
(2)	It shall come into force at once.

Ordinance to override orders of decisions of courts. The provisions of this Ordinance shall have effect not-withstanding any order or decision of any court.

PART II.

AMENDMENT OF THE PAKISTAN PENAL CODE (Act XLV of 1860)

Addition of new sections 298B and 298C, Act XLV of 1860. In the Pakistan Penal Code (Act XLV of 1860), in Chapter XV, after section 298A, the following new sections shall be added, namely: 298B. Misuse of epithets, descriptions and titles, etc., reserved for certain holy personages or places.

(1)

Any person of the Quadiani group or the Lahori group (who call themselves ‘Ahmadis’ or by any other name) who by words, either spoken or written, or by visible representation,

(a)	refers to, or addresses, any person, other than a Caliph or companion of the Holy Prophet Muhammad (peace be upon him), as ‘Ameer-ul-Mumineen’ [Leader of the Faithful], ‘Khalifa-tul-Mumineen’ [Caliph of the Faithful], ‘Khalifa-tul-Muslimeen’ [Caliph of the Muslims], ‘Sahabi’ [Companion] or ‘Razi Allah Anho’ [May God Be Pleased With Them];
(b)	refers to, or addresses, any person, other than a wife of the Holy prophet (peace be upon him), as ‘Ummul-Mumineen’ [Mother of the Faithful];
(c)	refers to, or addresses, any person, other than a member of the family (Ahle-bait) of the Holy Prophet Muhammad (peace be upon him), as Ahle-bait; or
(d)	refers to, or names, or calls, his place of worship as ‘Masjid’ [Mosque]; shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

(2)

Any person of the Quadiani group or Lahori group (who call themselves ‘Ahmadis’ or by any other name) who by words, either spoken or written, or by visible presentation, refers to the mode or form of call to prayers followed by his faith as ‘Azan’, or recites Azan as used by the Muslims, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 298C. Person of Quadiani group, etc., calling himself a Muslim or preaching or propagating his faith.

Any person of the Quadiani group or the Lahori group (who call themselves ‘Ahmadis’ or by any other name) who directly or indirectly, poses himself as a Muslim, or calls, or refers to, his faith as Islam, or preaches or propagates his faith, by words, either spoken or written, or by visible representations, or in any manner whatsoever outrages the religious feelings of Muslims, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine….

244	Pakistan, Ordinance XX (1984), quoted in Gualtieri, supra note 19, at 9-10. See also Pakistan Penal Code 298B and C.