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Monday, January 24, 2011

Misuse of Blasphemy Law & Barelvi Fatwa against Jinnah, Iqbal & FELLOW MUSLIMS.


https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjykzcs-AA4UFzDFnjbaxT8ullbmkUp_a2mBaS1LCJi_LjsXm6D6SJWtjxUCmRCCPTGVjEUXMIhN7pZGcWOFh3btbZPwWd4lzhiVU7-J7_TrTBLj5gSzqqgAIdEhpVHeXYpy-K2uBKegicB/s1600/Pakistan+emblem.jpg“The judgement of apostasy and expelling someone from the religion is only appropriate for the people of knowledge who are firmly grounded in knowledge, and they are the judges in the various Sharee’ah law courts, and those who are able of giving legal verdicts. And this is just like the other matters, and it is not the right of every person, or from the right of those who are learning, or those who ascribe themselves to knowledge, but who have deficiency in understanding. It is not appropriate for them to make judgements of apostasy (upon others). Since, mischief will arise from this, and sometimes a Muslim might be judged as an apostate but he is not actually so. And the takfir of a Muslim who has not committed one of the nullifications of Islaam contains great danger. Whoever says to his brother “O Kaafir” or “O Faasiq”, and he is not like that, then the words will fall back upon the one who said them. Hence, the ones who actually judge with apostasy are the legislative judges and those who are able and fit for giving legal verdicts. And as for those who enforce the judgements they are the leaders of the Muslims (wullaat al-amr). As for whatever is other than this, then it is mere confusion.”

Barelvi Mufti Muneeb ur Rehman's Fatwa against Saudi Arabia & Deobandis.

URL: http://www.youtube.com/watch?v=6ttHNLcF8Q0


“Meting out the punishments is only appropriate for the leader of the Muslims and it is not for every person to establish the punishment, since confusion, and corruption necessarily follows from this, and also the cutting off of the society, tribulations and provocations occur. Establishing the punishments is appropriate (i.e. befits only) to the Muslim leader. The Prophet (sallallaahu alaihi wasallam) said, “Pardon each other for the punishments that are between you, but when the execution of the punishment reaches the [authority of the] Sultaan, then Allaah curses both the one who seeks intercession and the one who grants the intercession [i.e. to revoke the punishment]”. And from the responsibilities of the Sultaan in Islaam, and from those matters that befit him is the establishment of the punishments after they have been established legislatively, via the Sharee’ah law courts, upon the one who fell into the crime for which the legislator has designated a specific punishment, such as for stealing. So what has been said is that establishing the punishments (i.e. meting them out) is from the rights of the Sultaan, and when the Muslims do not have a Sultaan amongst them, then they should just suffice with commanding the good and forbidding the evil, and calling to Allaah, the Might and Majestic, with wisdom, good admonition and arguing with that which is best. And it is not permissible for individuals (in the society) to establish the hudood, since that, as we have mentioned, will bring about chaos, and also provocations, and tribulations will arise, and this contains greater corruption than it contains rectification. And from amongst the Sharee’ah principles that are submitted to is, “Repelling the harmful things takes precedence over bringing about the beneficial things”. FURTHER REFERENCES/READING: The Takfiris make unlicensed Takfeer of Governments and scholars and call the common-folk to bloody revolution as a way to remove such governments and establish Islaamic Law. http://www.salafipublications.com/sps/downloads/pdf/MSC060006.pdf






















Mullahs Calling Kafir to others - Samaa TV Discussion 1/2

URL: http://www.youtube.com/watch?v=64_VKOKUm0I&feature=related



BAHAWALPUR, June 15: A mosque Imam was killed while a religious leader sustained critical injuries in violence caused reportedly by sectarian tension between two Sunni sects in Choonawala Mandi near Hasilpur, about 90km from here, on Thursday. According to reports reaching here, the trouble started when Hafiz Qamar Javed, prayer leader at local Masjid Ahl-e-Hadith, burnt some trash near his mosque. The fire attracted neighbours, including people from the rival sect, who propagated that Javed was burning pages from Quran. Within no time a huge mob turned up at the scene and attacked Javed. When Ahl-e-Hadith’s local leader Master Muhammad Sadiq came to his rescue, he was also beaten up severely. The assailants left the scene when the two fell unconscious. Police rushed to the scene after getting information. In a hurry, a police vehicle hit and injured Muhammad Nadeem (13). The mob then damaged the van and thrashed ASI Muhammad Nawaz, who also sustained injuries. Later, the Hasilpur DSP and tehsil nazim reached Choonawala and managed to disperse the mob. The injured were rushed to the Bahawal Victoria Hospital, Bahawalpur, where Hafiz Qamar Javed succumbed to injuries while Master Muhammad Sadiq was in precarious condition. Following an appeal, Choonawala traders’ president, shopkeepers pulled down their shutters to protest the ‘blasphemous act’. Meanwhile, it was learnt that a case under the Blasphemy Act had been registered against deceased Hafiz Qamar Javed and injured Muhammad Sadiq while no case was registered against the assailants. DPO Arif Nawaz was not available for comments. REFERENCE: Imam lynched by mob for ‘blasphemy’ By Majeed Gill http://www.dawn.com/2006/06/16/nat10.htm

Mullahs Calling Kafir to others - Samaa TV Discussion 2/2

URL: http://www.youtube.com/watch?v=YjXEat3XGFk



The Munir Commission Report (Lahore, 1954) states:

“Keeping in view the several definitions given by the ulema, need we make any comment except that no two learned divines are agreed on this fundamental? If we attempt our own definition, as each learned divine has, and that definition differs from all others, we all leave Islam’s fold. If we adopt the definition given by any one of the ulema, we remain Muslims according to the view of that alim, but kafirs according to everyone else’s definition.” The report elaborated on the point by explaining that the Deobandis would label the Barelvis as kafirs if they are empowered and vice versa, and the same would happen among the other sects. The point of the report was that if left to such religious ‘scholars’, the country would become an open battlefield. Therefore, it was suggested that Pakistan remain a democratic, secular state and steer clear of the theological path. Unfortunately, this suggestion was not heeded and, consequently, the exact opposite happened. Pakistan became hostage to the mullahs and is now paying a heavy price. Our politicians played into the hands of these fanatics for expedient political reasons and overlooked the diminishing returns from such an unwise overture.

Barelvi Shah Turab ul Haq Qadri says Ashraf Ali Thanvi & Wahabis are Kaafir.

URL: http://chagataikhan.blogspot.com/2008/11/here-lies-so-called-muslim-ummah-1.html

The journey of politicising Islam began with the Objectives Resolution. Jinnah envisioned a secular Pakistan, but Liaquat Ali Khan made the mistake of adopting the Objectives Resolution in 1949 that stated, “Sovereignty belongs to Allah alone but He has delegated it to the State of Pakistan through its people for being exercised within the limits prescribed by Him as a sacred trust.” This stipulation gave the mullahs the chance they were looking for, a chance to flash their religious card and put fear in the heart of the ignorant masses. After moving the Objectives Resolution in the Constituent Assembly, Liaquat Ali Khan said, “As I have just said, the people are the real recipients of power. This naturally eliminates any danger of the establishment of a theocracy.” Although he believed in the power of the people and aimed for a secular, democratic rule, yet by bringing the name of religion into the Objectives Resolution, he gave an edge to the
mullahs who later claimed it as their licence to impose the Shariah. And so began the rise of the fanatics.























Barelvi Mullah Shah Turabul Haq says that Deobandi and Wahabi are Kaafir

URL: http://www.youtube.com/watch?v=zj5Z7yzzgpI


Ulema did not wait long to demand their share of power in running the new state. Soon after independence, Jamat-i-Islami made the achievement of an Islamic constitution its central goal. Maulana Maududi, after the creation of Pakistan, revised the conception of his mission and that of the rationale of the Pakistan movement, arguing that its sole object had been the establishment of an Islamic state and that his party alone possessed the understanding and commitment needed to bring that about. Jamat-i-Islami soon evolved into a political party, demanding the establishment of an Islamic state in Pakistan. It declared that Pakistan was a Muslim state and not an Islamic state since a Muslim State is any state which is ruled by Muslims while an Islamic State is one which opts to conduct its affairs in accordance with the revealed guidance of Islam and accepts the sovereignty of Allah and the supremacy of His Law, and which devotes its resources to achieve this end. According to this definition, Pakistan was a Muslim state ruled by secular minded Muslims. Hence the Jamat-i-Islami and other religious leaders channeled their efforts to make Pakistan an "Islamic State."

Sufi Muhammad says Pakistanis are Kaafir

URL: http://www.youtube.com/watch?v=jIdlolpTqyo
Syed Munawar Hasan says Sufi Muhammad is Kaafir

URL: http://www.youtube.com/watch?v=Gf0SNuMj8GY


Maulana Maududi argued that from the beginning of the struggle for Pakistan, Moslems had an understanding that the center of their aspirations, Pakistan, would be an Islamic state, in which Islamic law would be enforced and Islamic culture would be revived. Muslim League leaders, in their speeches, were giving this impression. Above all, Quaid-i-Azam himself assured the Muslims that the constitution of Pakistan would be based on the Quran. This contrasts to his views about the Muslim League leaders before independence: Not a single leader of the Muslim League, from Quad-i-Azam, downwards, has Islamic mentality and Islamic thinking or they see the things from Islamic point of view. To declare such people legible for Muslim leadership, because they are expert in western politics or western organization system and have concern for the nation, is definitely ignorance from Islam and amounts to an un-Islamic mentality. On another occasion, Maulana Maududi said it was not clear either from any resolution of the Muslim League or from the speeches of any responsible League leaders, that the ultimate aim of Pakistan is the establishment of an Islamic government.....Those people are wrong who think that if the Muslim majority regions are emancipated from the Hindu domination and a democratic system is established, it would be a government of God. As a matter of fact, in this way, whatever would be achieved, it would be only a non-believers government of the Muslims or may be more deplorable than that.

JI Ameer Syed Munawar Hassan has no sense of History & Facts.

URL: http://www.youtube.com/watch?v=G281EOM2r54






















Blasphemy & KUFR in Deobandi Books

URL: http://www.youtube.com/watch?v=SVZLIZbv31M


When the question of constitution-making came to the forefront, the Ulema, inside and outside the Constitutional Assembly and outside demanded that the Islamic Shariah shall form the only source for all legislature in Pakistan.

In February 1948, Maulana Maududi, while addressing the Law College, Lahore, demanded that the Constitutional Assembly should unequivocally declare:

1. That the sovereignty of the state of Pakistan vests in God Almighty and that the government of Pakistan shall be only an agent to execute the Sovereign's Will.

2. That the Islamic Shariah shall form the inviolable basic code for all legislation in Pakistan.

3. That all existing or future legislation which may contravene, whether in letter or in spirit, the Islamic Shariah shall be null and void and be considered ultra vires of the constitution; and

4. That the powers of the government of Pakistan shall be derived from, circumscribed by and exercised within the limits of the Islamic Shariah alone. On January 13, 1948, Jamiat-al-Ulema-i-Islam, led by Maulana Shabbir Ahmad Usmani, passed a resolution in Karachi demanding that the government appoint a leading Alim to the office of Shaikh al Islam, with appropriate ministerial and executive powers over the qadis throughout the country. The Jamiat submitted a complete table of a ministry of religious affairs with names suggested for each post. It was proposed that this ministry be immune to ordinary changes of government. It is well known that Quaid-i-Azam was the head of state at this time and that no action was taken on Ulema's demand. On February 9, 1948, Maulana Shabbir Ahmad Usmani, addressing the Ulema-i-Islam conference in Dacca, demanded that the Constituent Assembly "should set up a committee consisting of eminent ulema and thinkers... to prepare a draft ... and present it to the Assembly.






















Barelvi Scholar Irfan Shah Declare s Deobandi & Qadiyani are both Kaafir

URL: http://www.youtube.com/watch?v=pslHFO27vsY


It was in this background that Prime Minister Liaquat Ali Khan, on March 7, 1949, moved the Objectives Resolution in the Constituent Assembly, according to which the future constitution of Pakistan was to be based on " the principles of democracy, freedom, equality, tolerance and social justice as enunciated by Islam."

While moving the Resolution, he said: "Sir, I consider this to be a most important occasion in the life of this country, next in importance only to the achievement of independence, because by achieving independence we only won an opportunity of building up a country and its polity in accordance with our ideals. I would like to remind the house that the Father of the Nation, Quaid-i-Azam, gave expression of his feelings on this matter on many an occasion, and his views were endorsed by the nation in unmistakable terms, Pakistan was founded because the Muslims of this sub-continent wanted to build up their lives in accordance with the teachings and traditions of Islam, because they wanted to demonstrate to the world that Islam provides a panacea to the many diseases which have crept into the life of humanity today."

The resolution was debated for five days. The leading members of the government and a large number of non-Muslim members, especially from East Bengal, took a prominent part. Non-Muslim members expressed grave apprehensions about their position and role in the new policy.

Hindu members of the Constitutional Assembly argued that the Objectives Resolution differed with Jinnah's view in all the basic points. Sris Chandra Chattopadhyaya said: "What I hear in this (Objectives) Resolution is not the voice of the great creator of Pakistan - the Quaid-i-Azam, nor even that of the Prime Minister of Pakistan the Honorable Mr. Liaquat Ali Khan, but of the Ulema of the land." Birat Chandra Mandal declared that Jinnah had "unequivocally said that Pakistan will be a secular state." Bhupendra Kumar Datta went a step further: ...were this resolution to come before this house within the life-time of the Great Creator of Pakistan, the Quaid-i-Azam, it would not have come in its present shape...."

The leading members of the government in their speeches not only reassured the non-Muslims that their position was quite safe and their rights were not being impaired but also gave clarifications with regard to the import of the Resolution. Sardar Abdur Rab Nishtar, the Deputy Leader of the House, while defending the Resolution said: "It was remarked by some honorable members that the interpretation which the mover of this Resolution has given is satisfactory and quite good, but Mr. B.C. Mandal says: "Well tomorrow you may die, I may die, and the posterity may misinterpret it." First of all, I may tell him and those who have got some wrong notions about the interpretation of this resolution that this resolution itself is not a constitution. It is a direction to the committee that will have to prepare the draft keeping in view these main features. The matter will again come to the House in a concrete form, and all of us will get an opportunity to discuss it."

In his elucidation of the implications of the Objectives Resolution in terms of the distribution of power between God and the people, Omar Hayat Malik argued: "The principles of Islam and the laws of Islam as laid down in the Quran are binding on the State. The people or the state cannot change these principles or these laws...but there is a vast field besides these principles and laws in which people will have free play...it might be called by the name of 'theo-cracy', that is democracy limited by word of God, but as the word 'theo' is not in vogue so we call it by the name of Islamic democracy.























Barelvi Scholar Irfan Shah declares that Dr Tahir ul Qadri is Kaafir

URL: http://www.youtube.com/watch?v=cEtDNkHFjkg

Ishtiaq Hussain Qureshi further elaborated the concept of Islamic democracy: Since Islam admits of no priest craft, and since the dictionary meaning of the term "secular" is non-monastic -- that is, "anything which is not dependent upon the sweet will of the priests," Islamic democracy, far from being theocracy, could in a sense be characterized as being "secular." However, he believed that if the word "secular" means that the ideals of Islam, that the fundamental principles of religion, that the ethical outlook which religion inculcates in our people should not be observed, then, I am afraid,...that kind of secular democracy can never be acceptable to us in Pakistan.

During the heated debate, Liaquat Ali Khan stressed:

the Muslim League has only fulfilled half of its mission (and that) the other half of its mission is to convert Pakistan into a laboratory where we could experiment upon the principles of Islam to enable us to make a contribution to the peace and progress of mankind. He was hopeful that even if the body of the constitution had to be mounted in the chassis of Islam, the vehicle would go in the direction he had already chosen. Thus he seemed quite sure that Islam was on the side of democracy. "As a matter of fact it has been recognized by non-Muslims throughout the world that Islam is the only society where there is real democracy." In this approach he was supported by Maulana Shabbir Ahmad Usmani: " The Islamic state is the first political institution in the world which stood against imperialism, enunciated the principle of referendum and installed a Caliph (head of State) elected by the people in place of the king."























Barelvi Aalim Irfan Shah Declares everybody Kaafir

URL: http://www.youtube.com/watch?v=1426w9LpA9c

The opposite conclusion, however, was reached by the authors of the Munir Report (1954) who said that the form of government in Pakistan cannot be described as democratic, if that clause of the Objectives Resolution reads as follows: " Whereas sovereignty over the entire Universe belongs to Allah Almighty alone, and the authority which He has delegated to the state of Pakistan through its people for being exercised within the limits prescribed by Him is a sacred trust." Popular sovereignty, in the sense that the majority of the people has the right to shape the nation's institutions and policy in accordance with their personal views without regard to any higher law, cannot exist in an Islamic state, they added.

The learned authors of the Munir Report felt that the Objectives Resolution was against the concept of a sovereign nation state. Corroboration of this viewpoint came from the Ulema themselves, (whom the Munir Committee interviewed) "including the Ahrar" and erstwhile Congressites with whom before the partition this conception of a modern national state as against an Islamic state was almost a part of their faith. The Ulema claimed that the Quaid-i-Azam's conception of a modern national state....became obsolete with the passing of the Objectives Resolution on 12th March 1949.

Justice Mohammad Munir, who chaired the committee, says that "if during Quaid-i-Azam's life, Liaquat Ali Khan, Prime Minister had even attempted to introduce the Objectives resolution of the kind that he got through the Assembly, the Quaid-i-Azam would never have given his assent to it.

In an obvious attempt to correct the erroneous notion that the Objectives Resolution envisaged a theocratic state in Pakistan, Liaquat Ali Khan repeatedly returned to the subject during his tour of the United States (May-June 1950). In a series of persuasive and eloquent speeches, he argued that "We have pledged that the State shall exercise its power and authority through the chosen representatives of the people. In this we have kept steadily before us the principles of democracy, freedom equality, tolerance and social justice as enunciated by Islam. There is no room here for theocracy, for Islam stands for freedom of conscience, condemns coercion, has no priesthood and abhors the caste system. It believes in equality of all men and in the right of each individual to enjoy the fruit of his or her efforts, enterprise, capacity and skill -- provided these be honestly employed."

Barelvi Mullah attacks Debandis

URL: http://www.youtube.com/watch?v=fuDfAAj4Myg






















Barelvi Scholar says Namaz is not allowed behind Wahabi/Deoabndi Kafir

URL: http://www.youtube.com/watch?v=7uyZiXIcT1w






















Barelvi Scholar declares that "Dobandis & Wahabis" are KAFIR.

URL: http://www.youtube.com/watch?v=klZK3qQM76o






















Barelvi Mullah says Every Pakistani is KAFIR.

URL: http://www.youtube.com/watch?v=FTANZusPICU&feature=related


The Objectives Resolution was approved on March 12, 1949. Its only Muslim critic was Mian Iftikhar-ud-din, leader of the Azad Pakistan Party, although he believed that "the Islamic conception of a state is, perhaps as progressive, as revolutionary, as democratic and as dynamic as that of any other state or ideology."

According to Munir, the terms of the Objectives Resolution differ in all the basic points of the Quaid-i-Azam's views e.g:

1. The Quaid-i-Azam has said that in the new state sovereignty would rest with the people. The Resolution starts with the statement that sovereignty rests with Allah. This concept negates the basic idea of modern democracy that there are no limits on the legislative power of a representative assembly.

2. There is a reference to the protection of the minorities of their right to worship and practice their religion, whereas the Quaid-i-Azam had stated that there would be no minorities on the basis of religion.

3. The distinction between religious majorities and minorities takes away from the minority, the right of equality, which again is a basic idea of modern democracy.

4. The provision relating to Muslims being enabled to lead their life according to Islam is opposed to the conception of a secular state.

It was natural that with the terms of the Resolution, the Ulema should acquire considerable influence in the state. On the strength of the Objectives Resolution they made the Ahmadis as their first target and demanded them to be declared a minority.

After the adoption of Objectives Resolution, Liaquat Ali Khan moved a motion for the appointment of a Basic Principles Committee consisting of 24 members, including himself and two non-Muslim members, to report the house on the main principles on which the constitution of Pakistan is to be framed. A Board of Islamic Teaching was set up to advise the Committee on the Islamic aspects of the constitution.

In the course of constitutional debates, a number of very crucial issues were raised that caused much controversy, both inside and outside the Constituent Assembly over specific questions such as the following:

1) The nature of the Islamic state: the manner in which the basic principles of Islam concerning state, economy, and society were to be incorporated into the constitution.

2) The nature of federalism: questions of provincial autonomy vis-a-vis federal authority with emphasis on the problems of representation on the basis of population and the equality of the federating units; the structure of the federal legislature -- unicameral or bicameral.

3) The form of government: whether it was to be modeled on the British or the U.S. pattern -- parliamentary or presidential.

4) The problem of the electorate: serious questions of joint (all confessional groups vote in one election) versus separate (each confessional group votes separately for its own candidates) electorate.

5) The question of languageboth national and regional. These very fundamental issues divided the political elites of Pakistan into warring factions that impeded the process of constitution-making.






















Mullah says they are "United" for Islamic System in Pakistan and now watch the Fatwa of Kufr (apostasy) issued by Tahirul Qadri against a group of Muslims:) -

URL: http://www.youtube.com/watch?v=v1oR0Q4QjEU






















Deobandis & Barelvis also commit Blasphemy Part - 1

URL: http://www.youtube.com/watch?v=PO09RLEzefc






















Deobandis & Barelvis also commit Blasphemy Part - 2

URL: http://www.youtube.com/watch?v=6C857yOyizs&feature=related






















Deobandis & Barelvis also commit Blasphemy Part - 3

URL: http://www.youtube.com/watch?v=az1hSc4wLc4&feature=related



Saturday, January 22, 2011

Hasba Act & Use of Blasphemy Law for Electoral Politics by Mullahs.


Complete Islamisation of Pakistan has been the genuine and long-standing demand of the overwhelming majority of Pakistanis. Not only that, it is also the appropriate answer to the lurking fears of Talibanisation, growing rapidly with every passing day, as a natural response to the suppression of this public demand at the state level. Islamisation: cure of all evils Qazi Hussain Ahmad Monday, April 20, 2009 http://thenews.jang.com.pk/daily_detail.asp?id=173373


Mullah Military Alliance: :[Muttahida Majlis-e-Amal (MMA) Allama Sajid Naquvi, Mawlana Samiul Haq, Mawlana Fazal ur Rahman, Mawlana Shah Ahmed Noorani and Qazi Hussain Ahmed.

Mullah Military Alliance: [Muttahida Majlis-e-Amal (MMA) From Left to Right: Ahl-e-Hadith Sajid Mir, Barelwi Shah Ahmed Noorani, Deviant Jamati-Khariji Qazi Hussein Ahmed and Deobandi Maulana Fazlur Rahman - An alliance of Deviant and Sectarian Mullahs who supported General Musharraf's Martial Law Regime from 2002 to 2007 and they shared Government/Power with General Pervez Musharraf in NWFP and Baluchistan]. 
Where had gone this captivating and cheap slogan of "Islamisation" when Supreme Court had rejected the Hasba Bill and JI and other Mullahs not only accepted the Verdict of the Supreme Court [which as per Mullah Sufi Mohammad (a true Momin) of Swat is Anti Islam, Idolatory, Polytheism and Kufr - Disbelief]:

Maulana Sufi Mohammad, chief of TNSM Tehreek Nifaz e Shareeat e Muhammadi

Here you go: http://www.thenews.com.pk/top_story_detail.asp?Id=21541 [Sufi Muhammad said challenging the Qazi courts’ verdicts in the high court or the Supreme Court of Pakistan would be tantamount to betrayal of Islam.


“QUOTE”

High Courts and Supreme Court were ‘Ghair Sharaiee’ institutions and going for appeal in ‘Ghair Sharaiee’ institutions was ‘Haram’. He said Darul Qaza could be approached in case of any reservations on our verdicts, but the final decisions of Darul Qaza not allowed to be challenged in the High Courts and Supreme Court.

Updated at: 1443 PST, Sunday, April 19, 2009

http://www.geo.tv/4-19-2009/40174.htm

“UNQUOTE” 

Dunya TV-POLICY MATTERS-21-01-2011-Pt1/4

URL: http://www.youtube.com/watch?v=Krc8fZxF3y4&feature=player_embedded

How would one justify the bail of Mawlana Aziz from a Supreme Court where appeal has been declared ANTI-ISLAMIC by the Deviant Sufi Muhammad and I wonder where have gone Mr Ansar Abbasi and his love of Restoration of Free Judiciary [in view of Mullah Sufi - a kind of Kufr]. Mawlana Aziz of Lal Masjid Brigade should reject his own bail in view of Grear Fiqh Sufi Muhammad’s Declaration that SC of Pakistan is Anti Islamic. Which Islam should we follow? Ansar Abbasi’s, Sufi Muhammad’s, Iftikhar Chaudhry’s or the real Islam [please pick the interpretation]. Two news from the same newspaper - 1 - SC grants bail to Maulana Aziz in library case By Sohail Khan Thursday, April 16, 2009 2 - ‘Qazis’ verdict can’t be challenged in SC’ Thursday, April 16, 2009 : Sufi says appeals ‘tantamount to betrayal of Islam’

Dunya TV-POLICY MATTERS-21-01-2011-Pt2/4

http://www.youtube.com/watch?v=60x0fnlud34&feature=player_embedded#!
مولانا عبدالعزیز برقعے میں فرار ہوتے ہوئے گرفتار


مولانا برقعہ پہن کرطالبات کی لائن میں کھڑے ہو گئے (تصویر ’آج‘ ٹی وی)

اسلام آباد میں قانون نافذ کرنے والے اداروں نے لال مسجد کے خطیب مولانا عبدالعزیز کو اس وقت گرفتار کر لیا جب وہ برقعہ پہن کر مسجد سے فرار ہونے کی کوشش کر رہے تھے۔ پولیس نے مولانا عبدالعزیز کی اہلیہ ام حسن کو بھی گرفتار کر لیا۔
ڈپٹی کمشنر اسلام آباد چوہدری محمد علی نے اس بات کی تصدیق کرتے ہوئے بی بی سی کو بتایا کہ مولانا عبدالعزیز برقعہ پہن کر جامعہ حفصہ کی ان طالبات کی لائن میں کھڑے ہو گئے جنہوں نے حکومت کی طرف سے عام معافی کے اعلان کے بعد خود کو حکام کے حوالے کر دیا تھا۔ انہوں نے بتایا کہ تلاشی کے دوران لیڈی پولیس کانسٹیبل نے جب بظاہر ایک خاتون کا برقعہ
 اتارا تو اندر سے مولانا عبدالعزیزبرآمد ہوئے جس پر انہیں گرفتار کر لیا گیا۔
مولانا عبدالعزیز کو پہلے تھانہ آبپارہ لے جایا گیا جہاں سے انہیں قانون نافذ کرنے والے اداروں کے اہلکار تفتیش کے سلسلے میں نامعلوم مقام پر لے گئے۔
باہر آنے والوں طالبعلموں کو پانچ ہزار روپے فی کس دینے کا اعلان کیا گیا ہے

اس واقعہ کے بعد شہر بھر میں حفاظتی اقدامات مزید سخت کر دیے گئے ہیں اور پولیس اور قانون نافذ کرنے والے اداروں نے ہتھیار ڈالنے والے طلباء اور طالبات کی جانچ پڑتال شروع کر دی۔
اسلام آباد کے ڈپٹی کمشنر کے مطابق بدھ رات تک لال مسجد سے ملحقہ مدرسوں کے بارہ سو زائد طلبا و طالبات نے خود کو سرکاری اہلکاروں کے حوالے کر دیا ہے۔ انہوں نے امید ظاہر کی کہ اس تعداد میں اضافہ ہوگا۔
ڈپٹی کمشنر نے بتایا کہ گرفتار شدہ بارہ سو افراد میں سے ایک سو پچاس کو اڈیالہ جیل بھجوا دیا گیا ہے، دو سو کو اپنے گھروں کو جانے کی اجازت دے دی گئی جبکہ باقی افراد سے ابھی پوچھ گچھ جاری ہے۔
اس دوران مذہبی امور کے وفاقی وزیر اعجازالحق نے ایک نجی ٹی وی کو انٹرویو دیتے ہوئے کہا کہ انہوں نے زیر حراست مولانا عبدالعزیز سے ملاقات کی ہے اور انہیں کہا ہے کہ وہ اپنے بھائی کو بھی خود کو حکام کے حوالے کرنے کے لیے کہیں۔
وفاقی وزیر کے مطابق مولانا عبدالعزیز نے انہیں یقین دہانی کرائی ہے کہ وہ اپنے بھائی کو یہ مشورہ دیں گے۔ اعجاز الحق کے مطابق مولانا عبدالعزیز کی عبدالرشید سے بات کرانے کی کوشش کی جا رہی ہے۔
واضح رہے کہ گذشتہ چھ ما کے عرصے میں مولانا عبدالعزیز کے خلاف دہشت گردی کے سات مقدمات درج ہیں اور انہیں عدالت نے اشتہاری قرار دیا ہوا ہے۔
اس سے قبل بدھ کی شام لال مسجد کے باہر ایک مرتبہ پھر فائرنگ کا سلسلہ شروع ہوا تاہم مسجد کے قرب و جوار کے علاقے میں تاحال کرفیو نافذ رہا۔ مسجد میں مورچے خالی پڑے ہوئے تھے اور اکا دُکا طلبا اور طالبات لال مسجد چھوڑ کر باہر آ رہے تھے۔
مسجد کے سامنے سرکاری کواٹرز تقریباً خالی ہو گئے۔ مسجد کے سامنے کواٹرز میں رہنے والے ایک رہائشی یاسین نے ہمارے نامہ نگار کو بتایا کہ صبح سے فائر بندی تھی اور مذاکرات جاری تھے لیکن بعد میں ایک ایک کرکے طلبہ و طالبات مسجد اور مدرسے سے نکلنا شروع ہوگئے۔
اس سے قبل ڈپٹی کمشنر اسلام آباد چوہدری محمد علی نے بی بی سی بات کرتے ہوئے کہا کہ بدھ سہ پہر تک سات سو طلبہ اور طالبات جامعہ حفصہ اور لال مسجد سے باہر آئے۔ چوہدری محمد علی کا کہنا تھا کہ ان سات سو میں سے دو سو بیس طالبات جبکہ باقی طالبعلم ہیں۔
باہر آنے والے طلبا سے حکام نے کاغذوں پر انگوٹھے لگوائے گئے اور یہ اعلانات کیے جاتے رہے کہ باہر آنے والوں کے خلاف کوئی کارروائی نہیں کی جائے گی۔تاہم بعد دوپہر حکام نے والدین کی رجسٹریشن اور انہیں اندر بھجوانے کا سلسلہ بند کردیا اور انہیں کہا کہ وہ وہاں سے چلے جائیں۔
لال مسجد میں موجود طالبات کے والدین اپنی بچیوں کے منتطر ہیں

مدرسے سے باہر آنے والی کچھ طالبات نے بی بی سی سے بات کرتے ہوئے کہا کہ وہ اپنی مرضی سے باہر آئی ہیں اور اندر بہت برے حالات تھے۔ فوٹوگرافرز نے جب ان طالبات کی تصاویر بنانے کی کوشش کی تو طالبات کے لواحقین نے ایک فوٹو گرافر کو مارا پیٹا۔
لال مسجد اور رینجرز اور پولیس میں منگل کو وقفے وقفے سے فائرنگ کا سلسلہ جاری رہا جس میں بارہ افراد ہلاک جبکہ تقریباً ایک سو چودہ زخمی ہوئے۔
اس سے قبل لال مسجد کے مہتمم مولانا عبدالرشید غازی نے بی بی سی سے ٹیلی فون پر مختصر بات چیت میں اس بات سے انکار کیا کہ باہر نکلنے کے خواہشمند طلبا اور طالبات کو روکا گیا۔ ایک سوال کے جواب میں ان کا کہنا تھا کہ علماء اس معاملے میں پڑ گئے ہیں اور اس کا حل نکل سکتا ہے۔
حکومت نے منگل اور بدھ کی درمیانی رات لال مسجد کے علاقے میں کرفیو نافذ کرتے ہوئے مسجد کے طلبہ کو پرامن طریقے سے ہتھیار ڈالنے کے لیے کہا تھا۔ ہتھیار ڈالنے کے لیے کوئی ڈیڈلائن مقرر نہیں کی گئی تاہم کرفیو کی خلاف ورزی کرنے والے ہر شخص کوگولی مارنے کا حکم دیا گیا تھا۔
آبپارہ تھانے میں لال مسجد کے خطیب مولانا عبدالعزیز، ان کے بھائی اور ترجمان مولانا عبدالرشید غازی سمیت چار سو افراد کے خلاف قتل، اقدام قتل، دہشتگردی اور دیگر دفعات کے تحت مقدمہ بھی درج کر لیا گیا ہے۔
شہر میں فوجی دستے پوزیشنیں سنبھال رہے ہیں

اس سے قبل لال مسجد کے نائب مہتمم عبدالرشید غازی نے الزام لگایا تھا کہ منگل کی صبح فائرنگ قانون نافذ کرنے والے اداروں نے شروع کی اور مدرسے کے طلباء نے صرف جوابی کارروائی کی۔ انہوں نے الزام لگایا کہ انتظامیہ نے مسجد کا محاصرہ نہ کرنے کے معاہدے کی خلاف ورزی کی ہے۔
عینی شاہدین کے مطابق مسجد کے اطراف میں تعینات رینجرز اور مسجد کے احاطے اور اس سے ملحقہ سڑک پر مورچہ بند طلباء کے درمیان منگل کو کشیدگی شروع اس وقت شروع ہوئی تھی جب مسجدِ حفصہ کی درجنوں طالبات نے مسجد سے نکل کر سڑک پر مارچ شروع کر دیا۔ مشتعل طلباء و طالبات ’الجہاد الجہاد‘ اور ’اللہ اکبر اللہ اکبر‘ کے نعرے بلند کر رہے تھے۔
اس سے پہلے بھی لال مسجد انتظامیہ حکومتی کارروائی کی صورت میں خودکش حملوں کی دھمکی دیتی رہی ہے۔
وزارتِ ماحولیات کی عمارت اور اس کے احاطے میں کھڑی گاڑیوں کو بھی آگ لگا دی گئی

اسلام آباد کی لال مسجد سےملحقہ مدرسے حفصہ کی طالبات کی طرف سے اس سال جنوری میں قریبی لائبریری پر قبضے کے بعد سے دارالحکومت کی یہ قدیم ترین مسجد ذرائع ابلاغ کی توجہ کا مرکز رہی ہے۔اس واقعے کے بعد مسجد کے طلباء نے ایک گھر پر چھاپہ مار کر تین خواتین کو اغواء کر لیا تھا۔ گزشتہ مہینے طلباء نے ایک مساج پارلر سے چھ غیر ملکیوں سمیت نو افراد کو اغواء کر لیا تھا جنہیں بعد میں رہا کر دیا گیا۔
(ہارون رشید، مظہر زیدی، انتخاب امیر، آصف فاروقی، نیئر شہزاد، محمد اشتیاق)

وقتِ اشاعت: Wednesday, 04 July, 2007, 16:54 GMT 21:54 PST
http://www.bbc.co.uk/urdu/pakistan/story/2007/07/070704_lalmasjid_updated_sq.shtml

Abdul Aziz ghazi 01 Interview after arrest post by Zagham

URL: http://www.youtube.com/watch?v=3Z4Ss7OdgdM&feature=player_embedded
Abdul Aziz ghazi 02 Interview after arrest post by Zagham

URL: http://www.youtube.com/watch?v=v1158fiwiJk&feature=related
Abdul Aziz ghazi 03 Interview after arrest post by Zagham

URL: http://www.youtube.com/watch?v=2QMUlQm1GyA&feature=related
Abdul Aziz ghazi 04 Interview after arrest post by Zagham

URL: http://www.youtube.com/watch?v=jFvQAmkh9IM&feature=related

Either Sufi Mohammad is Kaafir [Infidel] or all the Mullahs who accept Pakistani Judiciary are Kaafir [Infidel] or Pakistani Judiciary is Muslim and all those Bearded Bandits are Kaafir - Infidel]

Read some history about trite slogan of Islamisation.

Jamat-e-Islami [when JI was part of MMA and sharing power with General Musharraf's Q League and PPP Sherpao] presented a Bill called Hasba Bill to enforce Islam in Pakistan and that bill was presented during General Musharraf's Government and that Bill was rejected by CJ Iftikhar Mohammad Chaudhry [when he was serving General Musharraf in 2005] and that too on the appeal of General [The Martial Law Administrator] Pervez Musharraf. General Musharraf was party to the case. Two opinion/stands can hardly be correct at the same time, either MMA's Islamic Hasba Bill was Un-Islamic or CJ Iftikhar Mohammad Chaudhry was against Islamic Shariah. If JI was honest then why the same JI is now participating in the Lawyers Long March and by doing so they are accepting that Pakistan must be run on Secular Basis through Anglo Saxon Law and Anglo Saxon Courts. CJ Iftikhar Mohammad Chaudhry and Co. by accepting such Islamo fascists like JI amidst the Secular Legal Mind, is basically compromising with his own decision which he had given against the Deviant Religious Right Wing of Pakistan. By the way why the so-called Epitome of Justice Iftikhar Mohammad Chaudhry is even accepting cooperation from one of the party [Jamat-e-Islami] who gave Pakistan the Gift of Unconstitutional LFO and 17 Constitutional Amendment which had given blanket to the Unfirom and every wrong wrong and unconstitutional step of a Military Dictator General Musharraf. If Hasba Bill was right then why did the JI accepted the SC Decision and if it was wrong then why Hasba Bill was presented at all and if both the statement are wrong then what was the need to exploit the name of Islam to get some vote. Read the past history in the light of Fresh Video Clip.


ISLAMABAD, Aug 31: The Supreme Court on Wednesday ruled that the state cannot enforce any religious obligation stipulated by Islam, except Sallat (prayers) and Zakat. Authored by Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry, a 106-page detailed judgment, said that Islamic jurists were unanimous on a point that though zakat was seriously enforced by Hazrat Abu Bakar but for sallat, the only way was through “Taleem” (education), “Tableegh” (preaching) and “Targheeb” (persuasion). The court agreed that private life, personal thoughts and individual beliefs of citizens could not be allowed to be interfered with and held that under the Hasba Bill, the NWFP Assembly had conferred judicial powers on “Mohtasib” (ombudsman) not only to inquire into cases of maladministration of government agencies but also religious and personal affairs of individuals and blocking powers of judicial review by civil and criminal courts.

Dunya TV-POLICY MATTERS-21-01-2011-Pt3/4
URL: http://www.youtube.com/watch?v=LXK8KegOQTo&feature=player_embedded


On August 4, a nine-member Supreme Court bench had declared several clauses of the Hasba bill relating to powers of the mohtasib as contrary to the constitution and had advised the NWFP governor not to give his assent to the controversial law. The unanimous short-order was announced after four-day hearing on a reference filed by President General Musharraf against the bill under the advisory jurisdiction of the court. Instead of showing haste, the NWFP government should have studied in depth all the reports of the Council of Islamic Ideology (CII) before moving the Hasba bill in the assembly, under which discretionary powers have been conferred on mohtasib to create a new offence in consultation with the provincial advisory council, the CJ observed in the detailed judgment. About mohtasib’s powers to remove causes of dereliction in performance and proper arrangements of Eidain and Friday prayers, the CJ observed that offering of prayer was a personal obligation on an individual being the Haqooq Allah. Religiously, mohtasib is not authorized to check negligence or disregard of a person who abandons sallat. Allowing such interference by mohtasib would deny an individual’s right of freedom to profess religion, the CJ said. It is therefore not correct to suggest that the Hasba bill is in accordance with Islam and if the legislation is accepted and made into law, then a citizen who is held responsible for dereliction will be liable to six-month punishment on the hukumnama (order) of the mohtasib when Sharia does not mandate imposition of penalties on vague offences.

The only objective behind making available Hasba police to mohtasib is to strengthen the arms of mohtasib, to implement his hukumnama by force, if need be, the CJ said. Under the law, mohtasib would also have direct interference/access in the family functions in the garb of discouraging extravagance at the time of marriages and other family functions, thus interfering in personal life, freedom of assembly, liberty, dignity and privacy, which is strictly prohibited in Islam. Tracing the history, the CJ recalled that the institution of the office of Hasba did not exist at the time of the Holy Prophet (PBUH) and the Khulfa-e-Rashideen. Initially the office of “Amil-al-suk” was created by “Ummayyads” to regulate markets, but later it was expanded into the office of the mohtasib by the “Abbasids.” History reveals that the term mohtasib was used during the Khilafat of Qazi Mamoon-ur-Rashid when mohtasib used to look after the market business in addition to his religious duties like to reform social life. During the period, the duties of the mohtasib was to inspect instruments of the scales of weights and measures, which were so complicated that the people could be easily deceived. In addition, their duties include keeping vigilant eye over shortcomings and dishonesty that could be committed during preparation and sale of commodities. The judgment also explained that by declaring some sections of the bill as unconstitutional does not mean that leftover sections have been declared in accordance with the constitution. Their constitutionality remains open to be questioned, which can be upheld or struck down as or when challenged before a competent forum. Meanwhile Justice Sardar Mohammad Raza Khan in his separate note expressed reservations on the definition of Aalim (scholar) in the Hasba bill and held that the definition was discriminatory and restricted to only one school of thought. REFERENCE: Hasba bill infringes personal freedom: SC By Nasir Iqbal September 1, 2005 Thursday Rajab 26, 1426 http://www.dawn.com/2005/09/01/top4.htm

WASHINGTON, July 17: NWFP Chief Minister Akram Khan Durrani has said that he will accept any decision the Supreme Court of Pakistan may take about the controversial Hasba bill, denying reports that he vowed to “wreak havoc” if his democratically elected government was toppled. “We live in a country and we accept the courts of that country,” said Mr Durrani while talking to Dawn in Washington. “Do you think we will declare war on the government? No, we are all law-abiding citizens.” The NWFP chief minister, who is visiting Washington at the invitation of a Christian inter-faith group called Group for Global Engagement, said the MMA had always respected “the laws and courts of Pakistan and we will continue to do so.” “Even if the court rejects the Hasba bill?” he was asked. “Whatever decision the Supreme Court takes, we will accept it,” he replied. Mr Durrani also rejected claims that if made into a law, the Hasba Act would lead to the creation of parallel police and judicial systems in Pakistan. “There is no such proposal in the Hasba bill. People given the task of implementing this bill will have no judicial power,” he said. Mr Durrani said the NWFP government does not plan to recruit a new force to implement this proposed law. “We will take people from the present police force. There will be no new recruitment.”

Dunya TV-POLICY MATTERS-21-01-2011-Pt4/4

URL: http://www.youtube.com/watch?v=JkxrLqB-dOM&feature=player_embedded

“But you also say that our police are corrupt, if you give such sweeping powers to the same police will they not make life miserable for the ordinary people,” he was asked. “No, because there are no sweeping powers in the Hasba bill,” he responded. Mr Durrani said people chosen to implement the Hasba bill will only have the power to recommend whatever action they deem necessary against an official or a politician they think is corrupt. “And who will take that action?” he was asked. “The courts,” he said. “The recommendation will be sent to the courts which may accept or reject it.” “Does it mean that you will create special Hasba courts?” “No, there will be no special courts. All recommendations will go to the existing courts and they will make the final decision.” He said the MMA government was only trying to strengthen the jirga system that already exists in Pashtoon society, “we are not doing anything new.” “But the jirgas have judicial powers,” he was reminded. “Only in the tribal areas, not in the settled areas,” he said. REFERENCE: MMA to accept SC decision: Durrani By Anwar Iqbal July 18, 2005 Monday Jumadi-us-Sani 10, 1426 http://www.dawn.com/2005/07/18/top2.htm

Text of Hasba bill

PESHAWAR, July 15: The following is the full text of the Hisba bill passed on July 14 by the NWFP Assembly: Preamble: Whereas sovereignty over the entire universe belongs to Almighty Allah alone and the authority to be exercised by the people of Pakistan through their chosen representatives within the limits prescribed by him is a sacred trust;

Policy Matters – 14th January 2011 - Mufti Naeem, Javed Jabbar, Mulana Salfi, Sarwat Ijaz Qadri, Ayaz Ameer & Iqbal Haider join Naseem Zehra to discuss Blasphemy Law - Dunya TV-POLICY MATTERS-14-01-2011-Pt1/4
URL: http://www.youtube.com/watch?v=_vpUhCzlpcs&feature=player_embedded

And whereas implementation of Islamic way of life revolves around Amer-Bil-Maroof and Nahi-Anil-Munkir and to achieve this objective it is necessary, apart from other steps, to establish an institution of accountability, which could keep a watch on securing legitimate rights of various classes of the society, including females, minorities and children and to protect them from emerging evils and injustices in the society;

And whereas it is further necessary from the accountability point of view to extend the authority of Mohtasib to government’s administration and offices in order to have a check upon injustices, abuse of powers and other similar excesses;

It is hereby enacted as follows:

1: Short title, extent and commencement—(1) This Act may be called the North-West Frontier Province Hisba Act, 2005.

Dunya TV-POLICY MATTERS-14-01-2011-Pt2/4

URL: http://www.youtube.com/watch?v=vYR8PAONQvE&feature=player_embedded

(2) It shall extend to whole of the North-West Frontier Province.

(3) It shall come to into force at once.

2: Definitions.—In this Act, unless the context otherwise requires,—

(a) “Agency” means a department, commission or any office of Provincial Government, a corporation or similar other institution which the Provincial Government may have established or which may be working under its control, but does not include the high courts and the courts working under its administrative control.

Dunya TV-POLICY MATTERS-14-01-2011-Pt3/4

URL: http://www.youtube.com/watch?v=KYcAxGlgRbg&feature=player_embedded

(b) “Amer-Bil-Maroof” means fulfilling the obligations of enjoining the good as laid down in Holy Quran and the Sunnah;

(c) Competent Court: Competent court means court established under CPC 198.

(d) “Expert Lawyer” means a lawyer having at least ten years experience in the profession of advocacy;

(e) “Government” means the Government of the North-West Frontier Province;

(f) Governor means governor of NWFP.

(g) High Court means the Peshawar High Court, Peshawar,

(h) “Hisba Police” means the police force deputed to work for the purposes of this Act from time to time;

Dunya TV-POLICY MATTERS-14-01-2011-Pt4/4

URL: http://www.youtube.com/watch?v=7kntTSlpqpk&feature=player_embedded

(i) “maladministration” includes all such decisions, processes, recommendations, acts and deficiencies which-

(j) is contrary to law, rules or regulations or is a departure from established practice or procedure, unless it is bonafide and for valid reasons; or

(k) is perverse, arbitrary, unreasonable, unjust, biased, oppressive or discriminatory; or

(l) is based on irrelevant grounds; or

(m) involves the exercise of powers or the failure or refusal to do so, for corrupt or improper motives, such as bribery, jobbery, favouritism, nepotism and administrative excesses; or

(o) amounts to negligence, inattention, delay, incompetence, inefficiency and inaptitude in the administration or discharge of duties and responsibilities;

(p) “Mohtasib” means the mohtasib of the province or, as the case may be, the mohtasib of a district, appointed under this Act;

(q) “Nahi-Anil-Mukir” means fulfilling the obligations of forbidding the evil as required by the Holy Quran and Sunnah and all other matters which the mohtasib, in the light of the Holy Quran and Sunnah, determines in consultation with the Council of Advisors;

Policy Matters – 15th January 2011 - Mufti Naeem, Javed Jabbar, Mulana Salfi, Sarwat Ijaz Qadri, Ayaz Ameer & Iqbal Haider join Naseem Zehra to discuss Blasphemy Laws (Part-II) Dunya TV-POLICY MATTERS-15-01-2011-Pt1/4

URL: http://www.youtube.com/watch?v=zuWqKUbISzA&feature=player_embedded

(r) “Office” means the office of mohtasib of the North-West Frontier Province;

(s) “Prescribed” means prescribed by rules made under this act;

(t) “Province” or “Province of Sarhad” means the North-West Frontier Province;

(u) “Provincial Advisory Council” means the Council established under this Act;

(v) “Public servant” shall mean the person defined in section 21 of the Pakistan Penal Code, 1860;

(s) “Religious scholar” means the holder of the certificate of Shahadat-ul-Aalmliah from any institute recognized by government, who has also passed the Secondary School Certificate Examination from a Board of Intermediate and Secondary Education recognised by government;

Dunya TV-POLICY MATTERS-15-01-2011-Pt2/4

URL: http://www.youtube.com/watch?v=0YeIUwfbF1g&feature=player_embedded

(t) “Staff” means an employee or office commissioner, elected/nominated co-worker, advisor, expert, subordinate, officer, liaison officer, etc, of an Agency.

3. Appointment of Mohtasib.—(1) There shall be a Mohtasib for the North-West Frontier Province, who shall be appointed by the Governor of the North-West Frontier Province in consultation with the chief minister of the province. (2) A mohtasib shall be a person who is a qualified religious scholar and is eligible to be appointed as judge of the Federal Shariat Court. (3) Before entering upon office, the mohtasib shall take an oath before the chief minister in the form set out in the Schedule. (4) The mohtasib shall, in all matters, perform his functions and exercise his powers independently, honestly and diligently and all executive authorities throughout the province shall act in aid of the mohtasib.

Dunya TV-POLICY MATTERS-15-01-2011-Pt3/4

URL: http://www.youtube.com/watch?v=xarmD2-PGus&feature=player_embedded

4. Tenure.—(1) The tenure of the office of the mohtasib shall be four years but the competent authority may extend the term of his tenure.

(2) The Mohtasib may, at any time, resign from his office by tendering resignation in writing.

5. Mohtasib not to hold office of profit, etc —- (1) The Mohtasib during his appointment shall not hold any office of profit or enter into any profession carrying the right to remuneration.

(2) The Mohtasib, during a period of two years after his retirement, shall not be eligible to contest election of the National or a Provincial Assembly.

6. Terms and conditions of service.—- (1) The provincial Mohtasib shall be entitled to the same privileges, allowances and pay as are admissible to a Judge of the Federal Shariat Court.

(2) A District Mohtasib shall be entitled to the privileges, pay and allowances as are admissible to a Sessions Judge.

(3) A Mohtasib may be removed from office on the ground of misconduct or of being incapable of properly performing the duties of his office by reason of physical or mental incapacity and in this context will be served with a notice in advance. If in the opinion of the Mohtasib the reasons of his removal are not based on facts, he shall be entitled to challenge the bona fide of the notice before the Peshawar High Court, which shall be heard by a Division Bench of the said Court; provided that if no hearing date is fixed for ninety days from the date of approaching the Court, then it shall be deemed that the notice of removal has become effective.

Dunya TV-POLICY MATTERS-15-01-2011-Pt4/4

URL: http://www.youtube.com/watch?v=XMAPQm7tSzs&feature=player_embedded

(4) In case a Mohtasib applies for hearing of his case under sub-section (3), he shall forthwith cease to function as Mohtasib.

(5) Where a Mohtasib has been removed on the ground of misconduct, he shall not be eligible, for a period of four years from the date of his removal, to be appointed in any government Department or to become a member of National Assembly or a Provincial Assembly.

7. Acting Mohtasib — (1) If the Provincial Mohtasib, for any reason such as leave, etc. is unable to attend his office, the competent authority shall direct any District Mohtasib to act as Provincial Mohtasib.

(2) if the office of the Provincial Mohtasib becomes vacant for any other reason, Government shall appoint an acting Provincial Mohtasib.

8. Delegation of Powers to District Mohtasib.—The Provincial Mohtasib shall, in the prescribed manner, be competent to delegate his power to a District Mohtasib in writing.

9. Appointment of staff and terms of employment—(1) Government shall determine the terms and conditions of service and pay and allowances in respect of the staff members of the Mohtasib.

(2) A district Mohtasib shall take oath of office before the Provincial Mohtasib in the form set forth in schedule ‘B’.

10. Power and duties of Mohtasib—-The Mohtasib shall, on a written or oral complaint of any person, or on reference from the High Court, the Supreme Court or the Provincial Assembly, or suo moto, shall have the authority to- (a) Enquiries into the allegations of maladministration against any agency or its employees; (b) Protect/watch the Islamic values and etiquettes; (c) Watch the media established by Government or working under the administrative control of Government to ensure that its publications are useful to the purpose of upholding Islamic values; (d) Forbid persons, agencies and authorities working under the administrative control of government to act against Shariah and to guide them to good governance; (e) Formulate such directives and principles which may help in making the conduct of authorities working under this section to be effective and purposeful; and (f) Extend to the provincial administration in discharging its functions smoothly and effectively; provided that the Mohtasib shall not interfere in any matter which is sub-judice before a court of competent jurisdiction or which relates to external affairs of Pakistan or the relations or dealings of Pakistan with any foreign state or Government or relates to or is connected with the defence of Pakistan or any part thereof, the Military, Naval and Air Forces of Pakistan or the matters covered by laws relating to these forces.

11: Procedure and evidence—-(1) A complaint shall be made in writing or orally by the person aggrieved or, in case of his death, by his legal heirs, to the Mohtasib, which may be delivered personally to the Mohtasib himself or his concerned member of staff or by post, Email or Fax, etc.

(2) Where the Mohtasib proposes to conduct an investigation, he shall issue to the principal or subordinate office of the Agency concerned a notice calling upon it to make reply to the allegations made. If no reply is received within a reasonable time from the concerned Agency or the officer under its control competent to give reply, the Mohtasib shall initiate investigation proceedings, which will be informal, but in special circumstances, the Mohtasib may adopt such procedure as he considers appropriate for such investigation. The Mohtasib shall, in accordance with the rules made under this Act, pay expenses and allowances to the affected parties or the witnesses produced by them. The Mohtasib shall be empowered to check or cause to be checked through his employees the official records of the concerned Agency; provided that such documents do not pertain to state secret documents. Where the Mohtasib, with respect to any complaint, does not consider it appropriate to take any action, he shall inform the complainant. The Mohtasib shall regulate the procedure for the conduct of business under, or the exercise of powers coffered by, this Act.

12. Implementation of orders, etc—-(1) On completion of the action in relation to a complaint, the Mohtasib shall have the power to issue directive to the competent officer of the Department concerned for its implementation and may, at the same time, take up such steps as considers expedient. The concerned Agency within the time limit mentioned in the directive, inform the Mohtasib about the action taken in that behalf, failing which the concerned Agency or competent officer will render itself or himself, as the case may be, to the following actions:

(a) One or more actions under the North-West Frontier Province Removal from Service (Special Powers) Act, 2000.

(b) In case of non-cooperation with the Mohtasib or his staff during investigation, action for interference in smooth functioning of Government.

(2) The Mohtasib shall, for the purpose of this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following matters, namely:

(a) Summoning and enforcing the attendance of parties and examining him on oath;

(b) Compelling the production of documents; and

(c) Receiving evidence on affidavits.

(3) Where the Mohtasib is satisfied in respect of a complaint under consideration that any functionary of Government has committed a cognizable offence or a civil suit can be instituted against him, he shall direct the concerned Agency to initiate action as aforesaid in accordance with law.

13. Access to documents.—- The Mohtasib, any member of his staff or a member of Hisba Force, authorised in this behalf, shall have the right to enter into any office of Government for investigation and examine and take copies of documents during such investigation; provided that if any document is taken into possession from the records, he shall give a receipt thereof as a token of such possession.

14. Contempt of Mohtasib.— (1) In respect of contempt of Court, the Mohtasib shall have the same powers as are vested, under Contempt of Court, 1976, in the High Court;

(a) Hinders or become a source of hindrance in the smooth proceedings before the Mohtasib or does anything causing difficulties in the completion of such proceedings;

(b) Give such statement which defames Mohtasib, or any of his officer or representative;

(c) Acts in a manner which, in relations to proceedings before the Mohtasib, influence the mind of the Mohtasib to take a partial decision; or

(d) Acts in a manner which, any law for the time being in force, falls within the definition of contempt; provided that any comments made in good faith and in the public interest on any act or on report of the Mohtasib or his staff or representative shall not be treated as contempt.

(2) The aggrieved against any order of the Mohtasib under section (1) may, within 30 days of such order, appeal in the High Court which shall be heard by a Division Bench of the said court.

15. Provincial Advisory Council.— The Provincial Mohtasib, under his chairmanship, shall establish a Provincial Advisory Council, consisting of –

(a) two Ulema of repute;

(b) two senior advocates from Bar;

(c) two representatives of Government in PBS-20.

16. Meetings of Provincial Advisory Council.—The Provincial Advisory Council shall, for purpose of consultations, meet at such times and at such places as the Provincial Mohtasib may, from time to time, direct.

(2) Unofficial members of the Advisory Council shall be entitled to such honoraria as the Mohtasib may, with the approval of government, determine.

17. District Mohtasib.—

(1) The Provincial Mohtasib may, for a district or for more than one district, appoint a District Mohtasib.

(2) A person qualified to become a non-official member of the Provincial Advisory Council shall be eligible for appointment as a District Mohtasib.

(3) The tenure of a District Mohtasib shall be four years.

(4) In case of appointment of a District Mohtasib for more than one district, the Provincial Mohtasib shall determine the district where central office of such District Mohtasib shall take place.

(5) A district Mohtasib, before entering his office, shall take oath in the Form in Schedule B before the Provincial Mohtasib.

(6) A District Mohtasib shall be entitled to the same pay, allowances and privileges as are admissible to a District and Session Judge.

(7) A District Mohtasib may be removed from the office by the Provincial Mohtasib on the ground of corruption or of being incapable of properly performing his duties of office by reason of physical or mental ability. In such case he shall be served with a show-cause notice, which will be replied to by the District Mohtasib within seven days from the date of service.

(8) On failure of the District Mohtasib to reply within the stipulated period or the reply being found un-satisfactory, the order of removal of the District Mohtasib may be issued by the Provincial Mohtasib.

(9) The District Mohtasib, on his removal from office under sub-section (8), may, within 30 days of the order, appeal in the High Court.

(10) When a District Mohtasib has been removed on the ground of corruption, he shall not be eligible, for a period of four years from the date of his removal, to be appointed in any Government Department or to become a member of the Parliament or a Provincial Assembly or a Local Government.

18. Delegation of Powers.—The Provincial Mohtasib may, in writing, delegate his powers to a District Mohtasib for a period of three months and subject to such restriction as may be specified therein.

19. District Advisory Council.—

(1) As soon as may be after appointment of a District Mohtasib, he shall establish a District Advisory Council, consisting of at least five members under his chairmanship, of whom one shall be a religious scholar, one a law graduate, one a respectable resident of district concerned and one a district officer of Provincial Government.

(2) The District Advisory Council shall advise on matters which are referred to it, from time to time, by the District Mohtasib concerned.

20. Tehsil Mohtasib.—

(1) A District Mohtasib, with the permission of the Provincial Mohtasib, may appoint as many Tehsil Mohtasib as the need may be.

(2) A person qualified to become a District Mohtasib shall be eligible for appointment as Tehsil Mohtasib.

(3) The tenure of the Tehsil Mohtasib shall be four years.

(4) In case of appointment of a Tehsil Mohtasib for more than one Tehsil, the District Mohtasib concerned shall determine the Tehsil where central office of such Tehsil Mohtasib shall take place.

(5) A Teshil Mohtasib shall be entitled to the same pay, allowances and privileges as are admissible to a Civil Jude.

(6) A Tehsil Mohtasib may be removed from office by the District Mohtasib concerned on the ground of corruption or being incapable of properly performing his duties of office by reason of physical or mental inability. In such a case he shall be served with a show-cause notice, which shall be replied to by the Tehsil Mohtasib within seven days from the date of service.

(7) On failure of the Tehsil Mohtasib to reply within the stipulated period or the reply being found unsatisfactory, the order of removal of the Tehsil Mohtasib may be issued by the District Mohtasib concerned.

(8) The Tehsil Mohtasib, on his removal from office under sub-section (7), may within 30 days of the order, appeal to the Provincial Mohtasib, whose decision thereon shall be final.

(9) Where a Tehsil Mohtasib has been removed on the ground of corruption, he shall not be eligible, for a period of three years from the date of his removal, to be appointed in Government Department or to become a member of Parliament or a Provincial Assembly or a Local Government.

21. Acting Tehsil Mohtasib.—

(1) If a Tehsil Mohtasib, for any reason, is unable to attend his office temporarily, the District Mohtasib concerned shall direct any other Tehsil Mohtasib to act as Tehsil Mohtasib to perform his duties in addition to his own duties.

(2) If the office of a Tehsil Mohtasib becomes vacant for any reason, the District Mohtasib concerned shall direct any Tehsil Mohtasib to act as Tehsil Mohtasib of the Tehsil concerned till appointment of new Tehsil Mohtasib for the Tehsil.

(3) No Acting Tehsil Mohtasib shall, in any case, be appointed for a period of more than three months.

22. Delegation of Power to a Tehsil Mohtasib.—A District Mohtasib shall, in the prescribed manner, be competent to delegate his powers to a Tehsil Mohtasib of his District in writing.

23. Special Powers of Mohtasib.—Without prejudice to the powers conferred by section 10, the Mohtasib shall have the following powers:

(i) To monitor adherence of moral values of Islam at public places;

(ii) To discourage exhibition of extravagance, particularly at the time of marriages and other family functions;

(iii) To follow code of Islam in giving dowry;

(iv) To discourage beggary;

(v) To monitor adherence of Islamic values and its respect and regard at the times of iftar and traveh;

(vi) To discourage entertainment shows and business transaction at the time of Eids and Friday prayers around mosques where such prayers are being held;

(vii) To remove causes of dereliction in performance and proper arrangement of Eid and Friday prayers;

(viii) To discourage employment of under-age children;

(ix) To remove unnecessary delay in discharge of civil liability which is not disputed between the parties;

(x) To prevent cruelty to animals;

(xi) To remove causes of negligence in maintenance of mosques;

(xii) To observe decorum of Islam at the time of Azan and Fardh prayers;

(xiii) To prevent misuse of loud-speakers and sectarian speeches;

(xiv) To discourage un-Islamic and inhuman customs;

(xv) To check the tendency of indecent behaviour at public places including harassment of women;

(xvi) To eradicate the deal as profession in Taweez, palmistry, magic, etc;

(xvii) To protect the rights of minorities, particularly to regard the sanctity of their religious places and sites where they perform their religious ceremonies;

(xviii) To eliminate un-Islamic traditions, which affect the rights of women, particularly taking measures against their murders in the name of Honour, to remove the tendency of depriving them of their right of inheritance, to eliminate the tradition of Cirri, and to protect their rights guaranteed by Sharia and law;

(xix) To monitor weight and measures and eliminate adulteration;

(xx) To eliminate artificial price hike;

(xxi) To protect government properties;

(xxii) To eliminate bribery from government offices;

(xxiii) To incite feeling of service to people at large amongst government functionaries;

(xxiv) To advise those who are found to be disobedient to their parents;

(xxv) To perform any other functions which the Provincial Mohtasib determines from time to time in consultation with the Advisory Council;

(xxvi) To mediates amongst parties and tribes in matters pertaining to murders, attempts to murder and similar other crimes threatening to law and order situation.

24. Public Servant.—The Mohtasib and all his staff including Hisba Force shall be deemed to be public servant within meaning of section 21 of the Pakistan Penal Code, 1860 (XLV of 1860).

25. Restriction.–-

(1) No court or authority shall be competent to question the legal status of the proceedings before a Mohtasib.

(2) No court or authority shall have the power to pass any injunction or any interim or a stay order with regard to any matter under consideration of the Mohtasib.

(3) No suit or legal proceeding shall lie against the Mohtasib or his staff for anything in good faith done or intended to be done.

26. Hisba Police.—A mohtasib will be provided with requisite police force to enable him to conduct his affairs under this Act.

27. Conciliation Committee.—

(1) The Provincial Mohtasib in consultation with the District Advisory Council, shall establish a conciliation committee, at police station level, that consists of

(i) Two religious scholars of repute,

(ii) A local lawyer,

(iii) A minority representative from the area,

(iv) A respectable local resident, and

(v) Station House Officer or his nominee

(2) A District Mohtasib may terminate the membership of any committee member, after consultation with the Advisory Council.

28. Offences to be Non-Cognizable.— Defiance of the order of the concerned Mohtasib in the performance of his duties under section 23 of this Act shall be non-cognizable offence punishable with imprisonment for a term of six month and a fine up to 2000 rupees.

29. Power to Make Rules.—Government from time to time makes rules for carrying into effect the provision of this Act.

30. Over-riding effect.—The provisions of this Act, to the extent provided hereunder, shall have over-riding effect vis-a-vis any other law for the time being in force.

31. Removal of Difficulties.—Government may, by notification in the official Gazette, remove any difficulty or hindrance in connection with the implementation of the Act. REFERENCE: Text of Hasba bill July 16, 2005 Saturday Jumadi-us-Sani 8, 1426 http://www.dawn.com/2005/07/16/nat18.htm

Mullah Military Alliance: Allama Sajid Naquvi, Mawlana Samiul Haq, Mawlana Fazal ur Rahman, Mawlana Shah Ahmed Noorani and Qazi Hussain Ahmed.
The never ending split in MMA By Alya Alvi

THE Muttahida Majlis-e-Amal is heading towards further break-up as internal differences among the already reduced “six-party alliance” have posed major threat to its existence.

Despite truce on NSC issue between Qazi Hussain Ahmed and Maulana Fazlur Rehman, the ideological gulf between the two is fast widening. As frequent splits have already become a serious issue due to sole decisions taken by the two mainstream parties; especially Qazi-Baloch dominated Jamaat-e-Islami, more reasons are cropping up to bring the two heads at loggerheads.

Reports suggest that Qazi Hussain Ahmed and Fazlur Rehman have entered into yet another conflict since Maulana Sherani accepted chairmanship of National Assembly’s Standing Committee.

“Qazi has lodged a strong protest with Fazlur Rehman over Muhammad Khan Sherani’s acceptance of the office of chairman National Assembly’s Standing Committee of Ports and Shipping”.

It is said that Qazi, seeking explanation, also talked to Sherani and expressed great sense of resentment over his becoming chairman of the Standing Committee without taking him, being head of the alliance or the MMA parties, into confidence. “Sherani told Qazi that he obtained permission from Fazlur Rehman before accepting the office whereas Fazl, in his telephonic conversation, denied to have permitted him for the same.”

Qazi reminded Fazl and Sherani about the MMA and other opposition parties’ decision that they will not accept any office in the Standing Committees till the Government ensures allocation of the offices under the proportionate system. “Qazi Sahib takes the matter as a sheer violation of the party discipline.” However no disciplinary action is expected to be taken against Maulana Sherani following his position particularly in Balochistan where he is heading the MMA as well as JUI-F besides he has complete backing of Fazlur Rehman.

Maulana Sherani is the second from MMA who became chairman of a Standing Committee as JUI-S Chief Maulana Samiul Haq’s son, Maulana Hamidul Haq Haqqani is already holding such position. Qazi’s JI and Fazl’s JUI, the two major components of MMA, are already facing severe differences over the issue of participation of Chief Minister Akram Durrani in NSC and a final decision is still pending.

The JUI-F wants to ensure Durrani’s participation in NSC meetings whereas the JI has been left alone among the Majlis parties that are opposing such move since the council was established through an act of Parliament.

The MMA parties met on June 23 here in Islamabad to take up different issues including the NSC and maybe Sherani’s acceptance of chairmanship of the Standing Committee besides forming its general council.

Making of MMA (Muttahida Majlis-e-Amal) is really a great thing. But the initially formed six-party alliance has reduced to a two-party ‘marriage of convenience’. With the death of Allama Shah Ahmed Noorani MMA witnessed the demise of JUP’s active affiliation.

Allama Sajid Naqvi virtually declared to quit the alliance. Maulana Sajid Mir has withdrawn his party’s participation. JUI-F and JUI-S are at daggers drawn.

JUI-F itself has further developed differences from within. Hafiz Hussain Ahmed has ‘rebelled’ probably succumbing to JI tactics. Besides, the JUI-F in Balochistan functionally withdrew its support to JUI-F Central in joining the Qazi-led movement against President’s uniform.

Hafiz Hussain virtually ditched Maulana Fazl’s reconciliatory approach to have a peaceful political process in the country. It was the result of those splits with the MMA that the agitation, demonstrations, caravans and long marches ended in a futile exercise, as three parties JUI-S, MJAH and JUP-N were reluctant to join solo flight of JI and JUI-F.

The recent resignation of MMA Punjab Secretary General Syed Mahfooz Mashhadi also indicated the rifts within. Mashhadi alleged that MMA president and JI Amir Qazi Hussain Ahmed and MMA Secretary General and JUI-F chief Maulana Fazlur Rehman have created like-minded people in smaller parties of the alliance to easily impose their decisions.

“JI leaders hold their meetings on behalf of MMA and try to impose their decisions on the other parties. The provincial leadership of MMA was totally unaware about the decisions being taken in Central Shoora meetings of MMA” he said, adding “JI leader Hafiz Idrees who is also the provincial president of MMA did not take the provincial leadership of the alliance into confidence about the decisions of the supreme council of MMA.”

He disclosed that after two years Qazi Hussain Ahmed has now admitted that MMA’s decision about the support of 17th constitutional amendment was wrong.

Senator Maulana Samiul Haq of JUI-S parted ways with MMA due to latter’s role in helping the ruling Pakistan Muslim League in passing controversial 17th Amendment while Markazi Jamiat Ahle-Hadith chief Senator Professor Sajid Mir was also annoyed at MMA president Qazi Hussain Ahmed and Secretary General Maulana Fazlurrehman for passage of amendment.

Both the leaders have been ignoring the supreme council meetings of the MMA for a long time due to same reason. A central leader of JUP-N disclosed that small parties of religious alliance had reservation on the decision being taken by the central leadership of MMA.

However he said the central leadership was not bound to inform the provincial leadership about their decisions. According to sources Mashhadi resigned from the post of provincial secretary general due to cold attitude showed by the JI Punjab.

Hafiz Idrees Ahmed of JI was appointed as president MMA Punjab without taking into confidence other smaller parties who could not activate provincial chapter so far.

It is said that JUP-N central secretary general Gen. K M Azhar has constantly been interfering in the matters of JUP-N’s provincial chapter and creating a lobby in the party for not giving an opportunity to Maulana Shah Ahmed Noorani’s son Maulana Anas Noorani to become president of the party.

Anas Noorani was reportedly not willing also because of the MMA leaders’ attitude towards his father.

Anecdote goes that in King Mamoon-ur-Rashid’s era two Hadith tellers once attended a Juma sermon at a mosque near Baghdad where the khateeb was narrating a Hadith, attributed to the Prophet [PBUH], through their source to which both the ravians strongly objected and vehemently denied having said that.

“Get off, you are not the only two with those particular names…there are a hundred Zaids and Bakrs”, was the reply. The Imam got them shunted out of the mosque.

The trend of “barha letay hein zeb-e-dastaan kay liey” goes on non-stop. The Ulema today are being wrongly dubbed as fundamentalists because in the fundamentals of al-Din there is nowhere to have the facts twisted, or utilize the opportunity to one’s own political ends. This is in sheer violation of “Why ye not do what ye do say?”

The bazaar of politics is infested with masquerading and mimicry, somersaults and gimmicks, telling lies and saving skins.

Machiavellian approach continues to prevail upon, come what may. The ulema who have thronged this bazaar are out to ‘Islamise’ the trade of politics to their self-aggrandizement and addiction of ‘leading’ the nation with the interpretations of their deeds on their own.

It is pardonable that some of them opposed the making of Pakistan, pleading that practising Islam needs no ‘independent’ State. But it is not pardonable to continue resisting the fundamental principles of Islam. Farooq Haider Maududi, Maulana Amin Ahsan Islahi, Dr Asrar Ahmed and the latest desertion in JI Naeem Siddqui speak volumes while exposing the Jamaat leadership for its somersaults.

Maulana Abul Ala’a Maududi, they say, had asked for not taking part in politics, but the vested interests allured it to low to resort to making headways in the gimmicks, no matter what the means could have been adopted.

Maulana Fazlur Rehman has gone down with the legacy. He justified the “marriages of convenience” with a number of alliances, friends and foes, even PPP.

Though cracks have split the Mufti-legacy today, the “marriage of convenience” goes on as a political norm. When they are asked they say in the religion it is forbidden but politics is something different. The contract of petroleum oil was a convenience and the alliance with the PPP was a marriage.●

© 2005 Alya Alvi


Ayaz Amir exposes Mullah's Link with Establishment of General Yahya.



Tuesday, January 18, 2011, Safar 13, 1432 A.H
http://jang.com.pk/jang/jan2011-daily/18-01-2011/col2.htm

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