Blasphemy

Blasphemy (pronounced blas-fuh-mee)

(1) Impious or profane utterance or action concerning God or sacred things.

(2) An act of cursing or reviling God.

(3) In Judaism, pronunciation of the Tetragrammaton (the Hebrew name of God transliterated in four letters as YHWH or JHVH and articulated as Yahweh or Jehovah) in the original (and then forbidden) manner instead of using a substitute pronunciation such as Adonai.

(4) In theology, the crime of assuming to oneself the rights or qualities of God.

(5) Irreverent behavior toward anything held sacred, priceless etc.

(6) In law, also called blasphemous libel, the crime committed if a person insults, offends, or vilifies the deity, Christ, or the Christian religion (now, in many jurisdictions effectively, if not technically, almost extinct although prosecutions continue in some countries (Malaysian, Mauritania, Bangladesh, Sudan, Pakistan, Indonesia, Egypt etc).

1175-1225: From the Middle English blasfemye & blasphemie, from the early thirteenth century Old French blasfemie (blasphemy), from the Ecclesiastical Latin blasphēmia, from the Ancient Greek βλασφημία (blasphēmía) (speaking ill, impious speech, slander; profanity), from βλασφημέω (blasphēméō) (to slander).  The origin of the first element of the word is uncertain, possibly related to blaptikos (hurtful) although blax (slack (in body and mind) or stupid) is an alternative and some etymologists suggest as link with the root of the Latin malus (bad, unpleasant), from the primitive Indo-European root mel-.  Phēmē (utterance) is from the primitive Indo-European root bha- (to speak, tell, say).  The medieval Church Latin was blasphemare, which in Late Latin also meant "revile, reproach", hence the sense of blame which was picked up by both Canon and secular law.  In the Old Testament, the word actually applied to a more specific crime, against the reverence for Jehovah as ruler of the Jews, comparable to treason.  Blasphemy, blasphemer & blasphemousness are nouns, blaspheme, blasphemed & blaspheming are verbs, blasphemous is an adjective and blasphemously is an adverb; the noun plural is blasphemies.

Blasphemy and attempted blasphemy

Lindsay Lohan in Aqua drawstring silk shirt, vest & blouse with silver crown of thorns accessory (actually a necklace) by Belgian designer Ann Demeulemeester (b 1959), Purple magazine, Spring Summer 2010 edition.  In the west, if it involves Christianity, it's difficult now to be blasphemous.  There was a time, not that long ago, when the "crown of thorns" alone would have been enough to offend and if not, adopting a "crucifixion pose" would certainly have done it.  By the twenty-first century, such things attract barely a comment, even reverend and right reverend gentlemen now silent.

In Australia, although there’s been no successful prosecution for a hundred-odd years, the common law crime of blasphemy technically still exists in some Australian states and territories; abolished by statute only in Queensland, Tasmania and Western Australia (the so-called “code states” which (beginning with Queensland in 1899) adopted a codified system of criminal law) and by common law in Victoria.  Where it exists, it operates not as a general law to prevent vilifying or inciting hatred against people on the basis of their religion but is a specific, special legal layer protecting God and Christian doctrine from non-deferential commentary and Christian religious sensibilities from offence.  In Australia, the crime of blasphemy protects only Christianity; it remains lawful to blaspheme against other religions although other laws do offer some protection in some circumstances.  Blasphemy can be committed by speech, writing, art or other form of communication; the old technical distinctions do not apply.

Cardinal George Pell performing a ritual.

In 1997, while Archbishop of Melbourne, Cardinal George Pell (1941-2023) lodged a writ in the Supreme Court of Victoria seeking a an injunction preventing the National Gallery of Victoria (NGV) from displaying a work of art, the argument being the work was blasphemous.  Despite the archbishop’s efforts, the Supreme Court declined injunctive relief, the judge noting that as a point of law,  in Australia, the crime of blasphemy no longer existed.  While the ruling of the Victorian Supreme Court applies only within state boundaries, it would almost certainly be found persuasive by courts in other Australian states.  That obviously extends only to secular law and the Roman Catholic Church is not restricted from dealing with charges of blasphemy under its own rules but its sanctions are limited to stuff like denying blasphemers Holy Communion or, ultimately, excommunication.  The days are gone of blasphemers being burned at the stake after some days of enduing the most horrible tortures.

The Christian churches have, since the Enlightenment, become something of a target for those seeking some form of "shock-value" to draw attention to their product (fashion line, music video, political campaign et al) but in the West, the utility of the approach has in recent years been devalued as societies have become increasingly secular and any growth in observance has tended to be non-Christian.  Even in the US where, unlike Europe and the rest of the English-speaking world, religiosity is still demographically significant, the Supreme Court (USSC) has taken a "black-letter law" view of the First Amendment to the constitution which provides (1) that Congress make no law respecting an establishment of religion or prohibiting its free exercise and (2) protects freedom of speech, the press and assembly.  This has operated to mean people generally (within the limits of other laws) have the right to practice religion, not practice it at all or say what they wish about religion (limited only by other laws such as defamation).  As a general principle, in the West, the offence of blasphemy no longer exists except perhaps as an abstraction in English constitutional law in certain matters pertaining to the office of sovereign and the Church of England but no its doubtful any modern secular court would handle such things as offences of blasphemy and given the nature of the contemporary church, probably no ecclesiastical tribunal would ant to explore the idea.  Modern Anglicans don't mind being accused of heresy but quake in fright at the idea they might be thought "non-inclusive".

Elsewhere, blasphemy seems alive and well.  It's a most sensitive issue in Pakistan which has a Muslim majority (97%) population although the blasphemy laws still in use were introduced in 1860 under the Raj, the British creating the offence to supress the religious and communal violence between the Hindus and Muslims (the areas which now constitute Pakistan and Bangladesh then part of India).  The Pakistan Penal Code was later amended by military ruler General Muhammad Zia-ul-Haq (1924-1988; President of Pakistan 1977-1988) and disrespecting Prophet Muhammed or desecrating the Holy Quran are capital offences punishable by death.  However, although the death penalty has occasions been imposed by courts, it seems none of the sentences have been carried out (although executions have happened in what are essentially blasphemy cases but the convictions have been recorded as "terrorism), but thousands of convicted blasphemers remain in prison and there's much to suggest there are many instances of what is a form of "protective custody" sheltering people from what would likely be a deadly retribution.  There have been thousands of formal complaints over recent decades and dozens of killings, many before the cases reached court and, contrary to what seems to be the impression in the West, Christians are not the most frequent targets (although their cases do attract the most publicity), most of the accused being from the minority sects of Islam.   Judicial authorities admit the laws are widely misused as a device with which to pursue personal vendettas or exert leverage in commercial disputes but judges need to be cautious, one high court judge in 1997 murdered in his chambers after acquitting two Christians accused of blasphemy; the accused murderer was acquitted because no witness was prepared to provide evidence for the prosecution.

Modern capitalism can also be blasphemous in Pakistan.  As part of the Chinese Communist Party's (CCP) "Belt & Road" project, the Chinese-funded Dasu hydropower project in north-western Khyber Pakhtunkhwa province is under construction and the senior engineer (a Chinese national) was accused of blasphemy after commenting on the “slow pace of work” during the holy month of Ramadan, when Muslims fast from dawn to sunset.  According to a police official (who agreed to speak only on the condition of anonymity), “...the labourers said they were fasting but denied that work had slowed down, which led to an exchange of heated words” with the supervisor and “...later, the labourers accused the engineer of making blasphemous remarks”.  This induced a protest by some 400 members of the local population, one of who filed a written complaint.  The police later issued a statement confirming a “...Chinese national has been taken to a safe place as a precautionary measure”.  It's expected the CCP will arranged to have the engineer recalled to China and replaced with one who has undergone what would in the West be called "culturally appropriate training.

Indonesia is the world’s largest Muslim-majority nation and in 2023, a court imposed a two year sentence on a 33 year old woman who was convicted of blasphemy because she posted on TikTok a clip of the reciting a Muslim prayer before eating some crispy pork skin.  According to the Holy Quran, flesh from pigs is regarded as haram (from the Arabic: حَرَام, (ḥarām) (forbidden) and thus under Islamic law not permissible as food for Muslims.  The offence alone might have attracted some sanction but the fact it amassed literally millions of views on the social platform was regarded as exacerbatory on the basis it “spread information that was intended to incite hate or individual or group enmity based on religion”.  In additional to the custodial sentence, the court ordered her to pay a fine of 250 million rupiah (US$16,249.59).  The significance of the use of social media has been cited as one of the reasons that in recent years there has been an increase in blasphemy cases in the country, something which has impacted Indonesia’s reputation for moderation, more matters coming to the attention of those most anxious to ensure a strict interpretation of Islamic law is maintained.  In recent years notable cases have included (1) charges of both blasphemy and hate speech against the head of an Islamic boarding school which permitted men and women to pray alongside each other and women to  preach become preachers, (2) arrests after a chain of bars ran a promotion offering free beer (also haram) for patrons named Mohammed and (3) an 18-month jail sentence imposed on ethnic Chinese Buddhist woman convicted of blasphemy because it was alleged she said a nearby mosque’s loudspeakers were too loud.

There are complaints Indonesia's blasphemy laws are being co-opted to target minority groups and dissenters and that this contravenes certain international obligations in relation to respect and protection for freedom of thought, conscience and religion or belief, freedom of opinion and expression but not even senior politicians are exempt: in 2017 a former governor of Jakarta (a Christian) received a two year sentence for blasphemy and even some of those who admitted the charges probably were "politically motivated", nevertheless agreed his words were "blasphemous against Islam" and the sentence should stand although, in a most unusual manoeuvre, the prosecutor's office appeal the verdict on the basis it was too severe and the one year sentence they had requested was more appropriate.  The Supreme Court rejected the appeal.

The matter of blasphemy has of late been much discussed in Sweden following some instances of Quran burning as a protest against Islam (definitely haram in this context although many imams do list "respectful, ceremonial burning" as an acceptable way of handling the destruction of severely damaged copies of the Quran).  Swedish law has neither a statute which explicitly prohibits the burning or desecration of the Quran (or any other other religious texts) or any blasphemy laws.  Given Sweden's reputation for tolerance and moderation, it surprises many that as late as the nineteenth century blasphemy was considered a serious crime in Swedish law and in some circumstances a capital offence and repeal wasn't sudden, the wording gradually relaxed in line with the country's increasing secularization and by 1970, when the last reference was removed from the books, there hadn't been a prosecution for decades and most probably assumed the laws had long ago been repealed.  For all sorts of reasons however, the Quaran burning is not thought helpful and the authorities would rather those with a axe to grind would just write letters to the editor.  The police have indicated that if necessary they'll used the nation's hate speech laws which prohibits incitement against groups of people based on race, ethnicity, religion, sexual orientation or gender identity.