I.A Blasphemy law-1
The Criminal Offence Of Blasphemy And Its Compatibility With The HRA 1998
Name:
Institution:
Course:
Date:
Criminal offense is an act, which is punishable by criminal law. It involves the violation of various laws, moral principles and duties that one is expected to perform or observe1. Criminal law is a body that regulates social conduct in the society2. The law prescribes the things that are harmful or threatening to property, safety and moral welfare of the society. Criminal law lays out the punishment for violation of the laws. It fundamentals are based on ‘actusreus’ and’ mens rea’ which are doing what is illegal according to the law with the intention to commit the crime. The criminal law has its main focus on the role of the courts in applying common law and criminal statutes.
According to the case study, I. A committed a criminal offence according to the law at that time. The publishing of the book was a criminal offense since it was an act against the law, which protected against Blasphemy to God, the religion, the prophet and the holy book. Starting from the title of the book and some of the phrases contained in the book, the author committed an act of blasphemy which was prohibited by law. The author gave the book the title the forbidden phrases and wrote a controversial book on the Holy book in which he attacked the prophet and the belief of the Muslims. The publishing of the book done by Mr. I.A is what tied him to the offence.
The book could be taken as a mare delivery of the authors philosophical views as argued by the applicant and not insulting in any way. Further, it can be argued to be a challenge to the content and the beliefs of the Muslims. However, with reference to some of the quotes contained in the book the author used some very controversial statements which though expressing his views went too far into being a criminal offence according to the law of blasphemy.
From article 175 of the criminal code, the law provided
Name:
Institution:
Course:
Date:
Criminal offense is an act, which is punishable by criminal law. It involves the violation of various laws, moral principles and duties that one is expected to perform or observe1. Criminal law is a body that regulates social conduct in the society2. The law prescribes the things that are harmful or threatening to property, safety and moral welfare of the society. Criminal law lays out the punishment for violation of the laws. It fundamentals are based on ‘actusreus’ and’ mens rea’ which are doing what is illegal according to the law with the intention to commit the crime. The criminal law has its main focus on the role of the courts in applying common law and criminal statutes.
According to the case study, I. A committed a criminal offence according to the law at that time. The publishing of the book was a criminal offense since it was an act against the law, which protected against Blasphemy to God, the religion, the prophet and the holy book. Starting from the title of the book and some of the phrases contained in the book, the author committed an act of blasphemy which was prohibited by law. The author gave the book the title the forbidden phrases and wrote a controversial book on the Holy book in which he attacked the prophet and the belief of the Muslims. The publishing of the book done by Mr. I.A is what tied him to the offence.
The book could be taken as a mare delivery of the authors philosophical views as argued by the applicant and not insulting in any way. Further, it can be argued to be a challenge to the content and the beliefs of the Muslims. However, with reference to some of the quotes contained in the book the author used some very controversial statements which though expressing his views went too far into being a criminal offence according to the law of blasphemy.
From article 175 of the criminal code, the law provided
Bibliography: Samaha, J. Criminal Law. California: Wadsworth publishing. 2013. Print Yildiz, K. The Kurds In Turkey: EU Accession And Human Rights. London: Pluto Press. 2005. Print. Marshall, P. &Shea, N.Silenced: How Apostasy and Blasphemy Codes are Chocking Freedom Worldwide. Oxford university. 2011. Print. Zgurics, B. Challenges for Democracy in Countries Affected by the ‘Arab Spring.New York: Taylor & Francis, 2012. Print