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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-Ma’asoom 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 religion’s 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 other’s 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 Pakistan’s atomic programme was not against anyone but strengthening and consolidating Pakistan; Kashmir is not Pakistan’s 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 other’s 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 Ma’ad, 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, Jala’a Al-Ayoon, Anwaar Al-Na’amania 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 Ta’azeer and those Ta’azeerat 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 “Ta’awanu A’ala 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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