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IN
THE SUPREME COURT OF PAKISTAN
POINT
OF
VIEW
OF
THE CHIEF OF THE TEHRIK NIFAZE
FIQH-I-JAFARIYA,
PAKISTAN
AGHA
SYED HAMID ALI SHAH MOOSAVI
Foreword
August
18, 1997
August
20, 1997
FOREWORD
Representatives of different sectarian,
semi-political, and religious parties presented their
respective points of view to Chief Justice Syed Sajjad
Ali Shah during the proceedings of Suo Moto notice taken
by Supreme Court of Pakistan to root out terrorism.
Some of the
parties presented copies of the FIRs registered by the
bereaved families of those who lost their lives in
incidents of sectarian terrorism while some of them
presented some religious literature, books, even
translations and Tafaseer of the Holy Quran seeking a
ban on them.
Agha Syed
Hamid Ali Shah Moosavi, chief of the Tehrik Nifaze
Fiqh-i-Jafariya, Pakistan was invited to present his
point of view after all other parties. Therefore, a
5-member delegation led by Allama Tajuddin Haideri,
Senior Central Vice-President of Tehrik Nifaze
Fiqh-i-Jafariya, Pakistan had a detailed meeting with
Chief Justice Syed Sajjad Ali Shah in his chambers on
August 20, 1997. The meeting lasted for several hours.
The members of the delegation were: Central Secretary
General of the Tehrik Nifaze Fiqh-i-Jafariya, Pakistan,
Syed Mazhar Ali Shah Advocate; Additional Secretary
General, Syed Shujaat Ali Shah Bokhari; Maulana Saqlain
Bokhari; and Central Secretary Information, Syed Qamar
Haider Zaidi; The leader of the delegation Allama
Tajuddin Haideri while representing Agha Syed Hamid Ali
Shah Moosavi, chief of the Tehrik Nifaze Fiqh-i-Jafariya,
Pakistan presented some documents which included:
Moosavi Peace Formula comprising REASONS and
PROPOSALS to check terrorism; 370-page documents
comprising proofs spreading sectarian rift; references
from thousands of books and documents in favour of death
sentence for blasphemy; proposals about provocative
literature; and clippings about unnecessary publicity of
terrorists on media.
Tehrik Nifaze
Fiqh-i-Jafariya, Pakistan has never taken any step at
any stage which may be the cause of shame for the Millat.
Likewise, Tehrik chief, Agha Syed Hamid Ali Shah Moosavi
deserve greetings for presented a comprehensive POINT OF
VIEW in the Supreme Court while Allama Tajuddin Haideri
also deserve thanks from the Millat for presenting it in
the Supreme Court in an amicable manner.
We are
presenting the proceedings of this presentation in this
brief booklet so as to tell the Millat about the details
of this POINT OF VIEW.
(SYED QAMAR HAIDER ZAIDI)
Central
Secretary Information
Here is the English rendering of the
letter of Quaid-i-Millat Jafariya, Pakistan, Agha Syed
Hamid Ali Shah Moosavi which was presented in the
Supreme Court.
August
18, 1997.
Agha
Syed Hamid Ali Shah Moosavi,
Quaid,
Tehrik Nifaze Fiqh-i-Jafariya,
Pakistan.
Headquarters:
Ali Masjid,
Satellite
Town, Rawalpindi.
Honourable Syed Sajjad Ali Shah Sahib,
Chief Justice,
Supreme Court of Pakistan
Salam
Masnoon Al-Islam,
Man Lum Yashkur-un-Naas Yashkur-ur-Ullah
(One who is not thankful to the people he is not
thankful to Allah). We are thankful to you from the core
of our heart that you remembered us.
Islam and only
Islam is the best and complete religion of the worldly
religions which preaches love. Al-Deen Al-Huub.
Where there is love the religion is there, and where
there is enmity or bias there is no religion. Supporting
the oppressive attitude of the like-minded on the basis
of pedigree, sect and school of thought is called bias.
A Farman-e-Maasoom says: One who is inclined
towards bias, the bias invites him towards itself, the
chain of Eeman is separated from his neck and he is
considered out of the religions circle.
Amirul
Momineen Hazrat Ali ibne Abi Talib (A.S.) says: Be a
foe of the oppressor and be friend of the oppressed.
Another saying goes: By God, if I (Ali) be given the
rule of Haft-Aqleem and I am asked to snatch the
unrightful feed from the mouth of an ant, Ali will never
do that. A person from whom every person of a society
is safe is called Momin (Mun Aaman-un-Naas). Sunni and
Shia are two strong arms of Islam. A hadees
of the Holy Prophet says: A Muslim is the brother of
the other Muslim.
Muslims are like a strong foundation a portion of
which is provided strength by the remaining portion.
They are not only living together for the last 14
centuries but they are also related to each other, they
participate in each others grief and happiness. This
act of unity and brotherhood was openly demonstrated by
them when Hazrat Quaid-i-Azam Muhammad Ali Jinnah raised
the slogan for Pakistan and Pakistan emerged on the
world map as an outcome of their active struggle and
sacrifices.
This is the
only State which came into being on the basis of Islamic
ideology. But, unfortunately, every inch our beloved
motherland is bleeding as a result of incidents of
murder, violence, terrorism, and sectarianism for a long
time now. Alas! we earned no lesson even after losing
one half of the country. Those nations which keep love
for Islam and their motherland were today forced to
ponder over in identifying their mistakes and the
reasons behind it? I am giving below some reasons behind
such incidents and also giving some suggestions to solve
this problem. I will feel honoured if my submissions are
accepted by you.
REASONS
1.
Imperialism at large being afraid of Islam, and
as a result giving punishment to Pakistan.
2.
India, our perpetual enemy, not accepting
Pakistan by heart thus taking revenge of the incidents
in Kashmir.
3.
Activities of the foreign agencies.
4.
Diverting of our attention from national issues,
particularly atomic energy and Kashmir issues.
5.
Illegal stay of foreign residents in Pakistan.
6.
Rule of Wadera-Shahi, Naukar-Shahi, and martial
law minded people over all walks of life including the
corridors of power.
7.
Promotion of ignorance, unemployment, price hike,
heroin & kalashnikov culture.
8.
Sitting of religious and lingual parties in the
lap of the government and the opposition.
9.
Participating in election politics on sectarian
and lingual basis.
10.
Publicity of religious and lingual extremists on
media.
11.
Foreign aid being received by religious and
political parties.
12.
Joining of incapable persons in Administration.
13.
Confrontation between the government and the
opposition.
14.
Difference in words and deeds, duplicity, and
hypocrisy on the part of rulers and politicians.
PROPOSALS
TO ROOT OUT TERRORISM
1.
The government should avoid begging attitude
against super powers and present the basic ideology of
the country in a manner that religion of Islam is not
only a complete code of life but also protects the
rights of minorities and considers any oppressive
attitude against them a sin.
2.
The Government of Pakistan which is set to
develop good relations with India should make it clear
on India to stop interfering in the internal affairs of
Pakistan and get the Kashmir issue resolved as desired
by the Kashmiri people and in accordance with the United
Nations Resolutions.
3.
A protest should be lodged with those countries
whose agencies were involved in spreading unrest in the
country.
4.
It should be made clear to the world that
Pakistans atomic programme was not against anyone but
strengthening and consolidating Pakistan; Kashmir is not
Pakistans issue alone but of the whole world of
Islam; of whole of the Islamic world should be invited
to this issue, particularly the OIC should be asked that
as Pakistan is being punished on this issue, therefore,
whole of the Islamic world should pressurise India in
this connection; the government and the opposition
should adopt a joint strategy about Kashmir.
5.
Foreign residents staying illegally in the
country should be sent back to their motherland.
6.
Wadera-Shahi, Naukar-Shahi, and the martial law
minded persons should be disqualified to participate in
elections for the next 10 years.
7.
Courageous and active steps should be taken for
solving the basic problems of the people price hike,
unemployment, and sense of not being protected.
8.
The government and the opposition should display
courage to keep a distance from semi-religious political
and sectarian groups.
9.
The government should prohibit sectarian and
lingual groups from taking part in election which is
harmful for the country and the nation.
Anti-Sectarianism Bill should be get passed from the
Parliament in which calling anybody from Sunni and Shia
schools of thought as Non-Muslim should be
declared a cognizable offence and attack on any place of
worship will be considered an attack on the holy places
of Islam besides declaring it a cognizable offence.
Moreover, all schools of thought should follow their
respective beliefs and ideologies and no interference
should be made in others beliefs and ideologies.
10.
The media including national newspapers should
stop giving publicity to violence loving elements and
groups and discourage them instead.
11.
Foreign aid being received by religious and
political groups should be stopped and protest should be
lodged with the aid giving countries on diplomatic
level. A saying of Amirul Momineen Hazrat Ali (A.S.)
says: I am entering your city with very little
assets, if I go out from this city with other than these
assets, then understand that I am guilty of breach of
trust. The government should find out that those
personalities who did not have the capacity to earn
two-time meals where a day where from they obtained all
types of facility today? Tehrik Nifaze Fiqh-i-Jafariya,
Pakistan offers themselves for accountability ahead of
them all.
12.
The Administration should be purified but by
remaining within the range of justice and fair-play.
13.
The government and the opposition should work by
remaining within their domain, respect each other and
exercise patience and cooperate with each other on
national issues.
14.
The rulers and the politicians should develop
similarity in their words and deeds, giving up hypocrisy
once for all. The way of life led by Ali (A.S.) is
the death of hypocrisy.
The people should depend on Almighty Allah and
express hatred against the violence loving groups. All
schools of thought should accept and respect one another
because they all follow one religion. The enemy also
considers us one. We should, therefore, have to thwart
all conspiracies of the enemies of Islam and Pakistan by
behaving and uniting ourselves. The school of Ahle
Tasannun is the school of Imam Abu Hanifah and he was a
student of Hazrat Imam Jafar Sadiq (A.S.). The school of
Shia thought is the school of Jafar ibne Muhammad who
was the Sixth Imam of the Chain of Imamat in Ahle Bait.
The basis of
all from Tauheed, Risalat, Wilayat to Maad, Wuzu and
from Tayummum to Qisas and Deet lies in the Holy Quran,
Sunnah, sayings of Ahle Bait Athaar, and pious Ashaab
Kubaar and we are ready to accept every challenge to
prove that at any forum. We consider attack on any
school of thought and murder of any innocent person as
an attack on Islam and murder of a Pakistan,
accordingly. Unity, brotherhood, and mutual
understanding were our main objectives and defence of
Islam and the motherland, and welfare of the people were
our Eeman.
May God
Almighty help us all.
Wassalam
Ma-al-Ikraam
(AGHA
SYED HAMID ALI SHAH MOOSAVI)
August
20, 1997.
SYED
SAJJAD ALI SHAH,
CHIEF
JUSTICE OF PAKISTAN,
SUPREME
COURT OF PAKISTAN,
CONSTITUTION
AVENUE,
ISLAMABAD.
¨
After
presenting the above mentioned POINT OF VIEW of
Quaid-i-Millat Jafariya, Pakistan, Agha Syed Hamid Ali
Shah Moosavi to Chief Justice Syed Sajjad Ali Shah, the
leader of the delegation, Allama Tajuddin Haideri
invited the attention of Chief Justice Syed Sajjad Ali
Shah towards the books confiscated by the government. He
was told that these were the basic books of Ahle Tasheeh
which were exempt from any restrictions. So are the
translations and Tafaseer of the Holy Quran.
¨
Likewise
all those books which carry the sayings of the Holy
Prophet, Ahle Bait-e-Rasool are also exempt e.g. Books
carrying Ahadees, Nehjul Balaghah (Nehjul Balaghah is
the book extensively translated by Shia and Ahle Sunnat
without any discrimination. This book was translated
into Urdu by Raees Ahmed Sunni and Late Mufti Jafar
Hussain Shia; translated into Arabic by Abul Hadeed and
Mufti Muhammad Abdah Misri Sunni and Ibne Meesam and
Faizul Islam etc. Shia; the former Caretaker Prime
Minister Malik Meraj Khalid wrote letter to all
governors, ministers, and heads of department from the
same book). Thus confiscation of this book is uncalled
for.
¨
Likewise
some basic books of history e.g. Hayat Al-Qaloob,
Jalaa Al-Ayoon, Anwaar Al-Naamania etc.
¨
If the
books written before the Partition were confiscated then
this would contrarily lead to spread of sectarianism and
increase in biases.
¨
Likewise
if a book is written in reply to another book. In this
case the book written first should be confiscated first
and the book carrying a reply to issues raised in that
book may be confiscated afterwards.
¨
In
Pakistan sectarianism was fanned after the imposition of
martial law in 1977. Confiscation of books written
during this period may be justified but it is not
suitable to confiscate the books written centuries
before.
¨
It is a
unanimous decision of the Muslim Ummah that punishment
for blasphemy is death while punishment for the
humiliation of Sahaba Karaam is Taazeer and those
Taazeerat were already present in Pakistan. A draft
of the same is being attached herewith.
¨
In our
school of thought punishment for humiliation of Ahle
Bait is death.
¨
Some
organisation had demanded that death should be awarded
on the humiliation of Sahaba Karaam also but no court
during the era of the Holy Prophet and Sahaba Karaam
recommended such a punishment.
¨
The
draft I am submitting in your honour carries references
from their books in which they have humiliated not only
the Holy Prophet but also the Ahle Bait Athaar. With
your permission I would like to speak out some points
(these points were verbally spoken out to the Chief
Justice).
¨
The 8th
point under the caption REASONS is: Sitting of
religious and lingual groups in the lap of the
government and the opposition. The fresh example is
the annual gathering at Shah Faisal Masjid in Islamabad
in connection with the death anniversary of Ziaul Haq.
For the last nine years provocative slogans are being
raised on these gatherings against a particular school
of Muslim thought in the presence of rulers and the
politicians. We request the honourable Court to send for
the cassettes of these gatherings and take notice of the
same.
¨
Under
point no. 9, the media also needs some reforms. A few
newspapers are being presented. Two extremist groups
were invited to a Television programme Meezan for
mutual debate before Ashra-e-Muharram. When one of the
group failed to turn up they named it as Tehrik
Nifaze Fiqh-i-Jafariya, Pakistan irrespective of the
fact that the person who failed to turn up was not even
a member of the Tehrik Nifaze Fiqh-i-Jafariya, Pakistan.
This misreporting caused tremendous harm to the
reputation of Tehrik Nifaze Fiqh-i-Jafariya. The report
in question was released by NNI news agency clippings of
which are being presented for your record. This agency
and the Television should be reprimanded for this ugly
act.
¨
Newspapers
are also in the forefront in such activities and we are
presenting clippings of some newspapers also.
¨
We
have earlier fully cooperated with the Superior Courts
on two different occasion under the spirit of
Taawanu Aala Al-Barro Wa Al-Taqwa. We
ensured our presence in the court of Mr. Justice Nasir
Aslam Zahid on May 2, 1983 in Karachi; and in Federal
Shariat Court on July 29, 1984 to help the honourable
Court against the Qadianis. We are here presenting the
copy of paper presented in Karachi in the shape of a
book; and the decision of the Federal Shariat Court in
the shape of a book and its English rendering for your
perusal.
¨
Whenever
the judiciary contacted the Shia representative it was
the only representative body of the Shia community named
Tehrik Nifaze Fiqh-i-Jafariya, Pakistan. This is the
same body with which President Ziaul Haq had signed an
agreement on July 6, 1980 for the solution of Shia
problems. Then Prime Minister Muhammad Khan Junejo
signed an agreement on May 21, 1985 with the same
organisation copy of which is attached herewith. It were
the efforts of this very organisation which kept the
Millat-e-Shia away from acts of terrorism. So is the
Ahle Sunnat Wal Jamaat. That is why Quaid-i-Tehrik
Nifaze Fiqh-i-Jafariya, Pakistan, Agha Syed Hamid Ali
Shah Moosavi has said: There is no Sunni-Shia
conflict in Pakistan.
¨
The
reasons behind the incidents of terrorism and
sectarianism were the same as have been presented in our
POINT OF VIEW mentioned above. The whole country was
directly affected by sectarian feelings and innocent
Sunni and Shia brethren were being murdered. Likewise,
innocent Sunni and Shia Muslims were being put in jail.
We, therefore, request the honourable Court to take care
of the affected families and get the innocent people
freed. The government should be directed to provide
protection instead of making uncalled for raids on
religious institutions, mosques, Imambargahs, Deeni
Madaras to keep the dignity of these institutions alive.
My delegation
members and I are thankful to you from the core of our
heart that you have given a patient hearing to our POINT
OF VIEW. May God Almighty protect our beloved Pakistan
and the Muslim World. Amen.
(ALLAMA
TAJUDDIN HAIDERI)
Senior
Central Vice-President
as
a Representative of Agha Syed Hamid
Ali
Shah Moosavi, Quaid-e-Tehrik
Nifaze
Fiqh-i-Jafariya, Pakistan
August
20, 1997.
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