Dr. Fida Muhammad Khan
Section 171 of Chapter X of the PPC states: “Whoever, not belonging to a certain class of public servants, wears any garb aor carries any token resembling the garb or token used by that class of public servants, with the intention that it may be believed, or with the knowledge that it is likely to be believed, that he belongs to that class of public servants, shall be punished with imprisonment of either description for a term which may extend to three months, or with a fine which may extend to five hundred rupees, or with both.”
The text of this section has some very important implications. It is categorically stated in the act that “with the intention that it may be believed or with the knowledge that it is likely to be believed”; therefore, it becomes abundantly clear that “impersonation” is a crime. The fine of 500 rupees was set when the Penal Code was enacted. If we consider the inflation rate of an average of 8 percent per year, this fine would approximately amount to 266,000 PKR. This shows that it’s a crime of great magnitude. Similarly, identity theft under the Pakistan Electronic Crimes Act of 2016 carries imprisonment and a fine of PKR 5 million.
If we look at different countries around the world, impersonation and claiming to be someone one is not is a crime punishable by jail time. It is due to this reason that if someone isn’t a Muslim but uses Islamic symbols and pretends that the religion they are following is Islam when, in fact, it is not, such a person is committing a moral, ethical, and legal crime.
Believing that Muhammad Mustafa ﷺ is the last and final messenger of Allah forms the core of the Islamic faith. There is no debate on the issue. Muslims are those people who believe that Muhammad Mustafa ﷺ of Arabia completed the message of Allah. We believe in all the prophets that came before the last messenger ﷺ and that with him, the door to Prophethood was sealed and closed. Therefore, any person who believes otherwise is not a Muslim and cannot call their faith Islam, even if their religious practices resemble those of Muslims; they cannot call themselves or show themselves as Muslims to the world.
The question here is: if impersonating a public servant is a crime, wearing the uniform of police when one isn’t a police officer is also a crime, and the same goes for military uniforms. Why should it then be okay if someone impersonates being a Muslim? As a follower of the Muslim faith and a believer in Muhammad Mustafa ﷺ as the last and final messenger of Allah, I find my rights violated when a certain group that has been termed as non-Muslims in our constitution, and on which there exists a consensus among all schools of thought, uses my religious identity and falsely claims to be a member of the Muslim community. Some people believe that this particular group has the right, as they are a minority, and should therefore practice their faith as they like. Others say that it is against basic fundamental rights to call them non-Muslims or protest against their open practice of their religion. These and related arguments a devoid of logic and common sense.
I would like to ask them: what about my rights and the rights of the Muslim community? Why is it all right if someone tries to use my name to propagate their faith, and how can that community play victim when, in fact, it is victimizing Islam and the followers of the Islamic faith? I would like to pose the question here: if a person claims to be Indian, American, or Pakistani, doesn’t he or she need a certificate from the concerned authorities of these countries? Wouldn’t he or she be committing a crime if they traveled on fake passports? Not long ago, when Israeli intelligence executed its operation in Dubai using passports that belonged to dual nationals of Israel, they used British and Australian passports. In response, their otherwise close allies, Britain and Australia, protested in the strongest manner, terming this as “insulting.” If one can’t use a fake passport, how can the confused desi liberals expect the Muslim community to allow someone to steal their identity?
If this is not enough, let’s explore it from another angle. Why did leading brands such as Gucci and Yves Saint Laurent sue the Chinese company Alibaba for facilitating the sale of counterfeit products that weren’t actually Gucci and Yves Saint Laurent? Was that against human rights, freedom, and liberty? How can you agree that counterfeit versions of luxury products are wrong and that the original manufacturer has the right to sue the one committing the crime, but not agree that something on which Muslims across the board have a consensus—that the particular community is outside the fold of Islam?
Some say that it’s a harmless thing if they claim to be Muslims, and hence one shouldn’t worry. Well, in that case, we shouldn’t worry if someone who is not a police officer claims to be one, and we all know what the consequences are. In some of the horrific terrorist attacks, such as the APS incident and others, the terrorists disguised themselves in FC and law enforcement uniforms. In the same way, using a Muslim identity, if they are able to lead even one person astray, it’s catastrophic for the whole Ummah. And to prevent this, laws and legislation are in place.
With the grace of Allah, Pakistan is blessed to have laws against the use of Muslim identity by this group. The constitution clearly defines a Muslim and has termed the people who don’t believe that Prophethood ended with Muhammad Mustafa ﷺ as non-Muslims. If someone has a problem with this being against human rights or freedom of religion, I would refer to my passport analogy once again and ask them to answer: why can’t someone travel with a fake identity? Because apparently, freedom would entail that there shouldn’t be any bounds at all. Sections 298-B and 298-C prohibit the group from impersonating as Muslims. And violation of these acts is a crime.
Therefore, the members of that community should understand that they have to follow and respect the laws of this country just like all other citizens. They also have to bear in mind that since the country was made in the name of Islam, the people of the subcontinent sacrificed their wealth, health, and even lives just so this nation could be made. This country came into existence as a fort of Islam. And despite all the problems this country has been through, it has played a role globally and regionally. So, in this country, no one can be allowed to impersonate a Muslim identity. The members of the community have to accept and express this fact that theirs is a different religion, a different faith, and has nothing to do with Islam. As a Muslim it falls within my fundamental rights to record my protest if the said group uses the name of my religion and steals my identity.
Writer is Lecturer in Pakistan Institute of Development Economics.He can be reached at [email protected] ,X: @defenseecon
