Wednesday, March 25, 2009

Punjabi Judiciary or Sindhi Judiciary - 4


--- On Mon, 3/23/09, jaag trust wrote:

rasool buksh plejo in his visit to lahore called all sindhi nationalist parties as Agents of powerful real rulling elite. they play on anti=punjab feelings. if such people r in forfornt then no point to talk about pml nawaz or quaidiazam. those who r in centre has there specific interests, no matter they r sindhies or pukhtoon or punjabis while those who r in parovincial level have different interests. a real devolutiuon of power upto union councils is the ultimate solution of such problems provided our political gods can understand it.

aamir riaz www.awamijamhoriforum.org Lahore
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Aamir Sahab,

You are correct, instead of inciting hatred Mr. Manzoor Chandio and Mr Aajiz Jamali should have read an Excellent and very Explosive book "Pakistan Kay Siyasi Waderay" by Mr Aqeel Abbas Jaferi, to learn as to how these big families have strengthened their stranglehold on Power, Resources and Assemblies, Senate and Military too by adopting inter- provincial marriages [the facts in the books would startle you to your very core] . This, practice should be envouraged amongst Upper Middle and Middle class to put out the flame of Ethnic Hatred. Another soultion is given by Daily Dawn's Editorial which basically strengthens your point i.e. Power devolved from Federation to Provinces and then Provinces to Union Councils:

Need for consensus September 12, 2005 Monday Sha’aban 7, 1426

http://www.dawn.com/2005/09/12/ed.htm

REPORTS that the federal government is planning to transfer more subjects to the provinces out of the concurrent list deserve to be welcomed. Such a move was overdue, because restricted autonomy has been cause of much resentment among the provinces. Even though federal in nature, the 1973 Constitution has a strong bias in favour of the centre. According to article 142- (c), a provincial assembly has the power to make laws “with respect to any matter not enumerated in either the federal legislative list or the concurrent list”. Significantly, the fourth schedule has only two lists — federal and concurrent — and does not have a provincial list. The federal list contains 67 subjects (59 in Part I and eight in Part II). The concurrent list consists of 47 subjects, leaving very little for the federating units to legislate on. In other words, the provinces have the right to legislate on very small number of subjects “not enumerated either in the federal legislative list or in the concurrent list”. In matters of tax collection especially, the Basic Law virtually denies the constituent units any worthwhile sources of revenue. As a perusal of taxation powers will show, the federal government has reserved for itself almost all sources of revenue. The federal taxes mentioned in the fourth schedule — points 43 to 54 — include virtually all taxes, except, very significantly, “taxes on income other than agricultural income”.

If Pakistan’s federal structure is to strengthen itself, it must be based on a system where the constituent units feel fully accommodated as an equal part of the state rather than an adjunct of the federal government. That the denial of legitimate provincial rights could prove disastrous is evident from the 1971 tragedy. The Ayubian constitution of 1962 was presidential, with the federation consisting of only two provinces. Yet the way it existed in principle and in operation, created resentment in East Pakistan that generated political tensions and ultimately led to the 1971 trauma. We have similar problems with the 1973 Constitution, because small provinces have grievances which have at times caused serious differences. Balochistan, the country’s largest province territorially, has for decades felt aggrieved on two counts: first, it feels that the quantum of provincial autonomy mentioned in the 1973 Constitution is inadequate; two, even the existing provisions relating to provincial rights are not fully implemented in letter and spirit.

Now that an 18th amendment bill is on the anvil, let there be a national debate on the issues involved. Often, the subject of provincial autonomy falls victim to the politico-emotional rhetoric of politicians. This inhibits a meaningful debate that could settle the question and lead to a national consensus on such a vital question as provincial autonomy. There is also no agreement yet on the national finance award for sharing of resources. This has as much to do with the constitutional provisions as with our failure to work the federal system wisely. One hopes that the government will release the draft of the bill before it is formally tabled in parliament. This will help constitutional experts, parliamentarians and the media discuss the issue threadbare and develop a constitutional scheme that will reconcile the viewpoints of the protagonists of maximum provincial autonomy and those who believe in a strong centre and also ensure that existing provisions such as the Council of Common Interest are strengthened and fully implemented.

Punjabi Judiciary or Sindhi Judiciary - 3

On Mon, 3/23/09, Mohammad Khan Sial wrote:

A recently article by our friend Mr Aajiz Jamali has appeared in Sindhi daily headlined " Punjab Chhaa Thho Chahi" has claimed that when Sindhi students go to Quaid-i-Azam University, Islamabad for admissions, they were asked the question like: "If you were given admissions, you may kidnap the girls." I am sorry to say Mr Aajiz's comments are obviously based on speculations. My son has studied two years during the tenure of Gen Musharraf in QAU but he has never made such complaint.Hundreds of Sindhi students are already studying in QAU for the last many years. However, no one has raised such complaint.

Mohammad Khan Sial www.freewebs.com/sialtravel

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Dear Sial Sahab,

Sial Tribe was a warrior clan of Multan but settled in the area around Khairpur Mirs and this new Theory of Pure Sindhis would ultimately sack you from this Title of Pure Sindhis. Asif Ali Zardari's stepmother Timmi Zardari is the daughter of Late Z A Bukhari.

Radio Pakistan's first Director, Zulfiqar Ali Bukhari (second on the right side of Ms Fatima Jinnah) - Father in Law of Hakim Ali Zardari f/o Asif Ali Zardari

Marsiya Part - 02 - Zulfiqar Ali Bhukhari




Marsiya Part - 02 - Zulfiqar Ali Bhukhari




Marsiya Part - 03 - Zulfiqar Ali Bhukhari




Syed Ahmed Shah Patras Bokhari [Urdu humourist, essayist, broadcaster and diplomat from Pakistan] Elder b/o of Z A Bokhari.


[brother of Patras Bukhari basically from Peshawar but Hindko speaking a dialect of Punjabi] Mr Aajiz Jamali and Mr Manzoor Chandio should go to Mr Hakim Ali Zardari and ask for the certificate of loyatly with Sindh from him about Tehmina Zardari and then see what happens.

Mr Aajiz Jamali used to work for Daily Ummat - Karachi [a breakaway Newspaper of Weekly Islamic Fascist Magazine of Karachi Founded by a Neo-Islami Fascist and Jamat-e-Islami Leader Syed Salahuddin]. I hope you know as who was in the editorial board of both the publications the one and only Anal Retentive Lt. General Hamid Gul and guess what another member of that Editorial Board was Maulana Wali Razi [Taqi Usmani and Company].

Late. Ghulam Murtaza Syed - Ghulam Murtaza Shah Kazmi aka G M Syed [He moved Pakisatn resolution in Sindh Assembly]

Shaheed Pir Sabeghatullah Shah Rashidi The father of Shah Murdan Shah II, (Present Pir Pagaro)

Kholi, Bheel & Meghwar - Original and Genuine Sindhis

How would Mr Aajiz Jamali [being a blue blooded Sindhi and Since when Jamalis become Sindhi when you are talking of Pure Sindhi then only Kholi, Bheel & Meghwar and Samma Stocks are acceptable] justify working for that Fascist Newspaper Ummat. If we talk of Pure Sindhis then G M Syed [Ghulam Murtaza Shah Kazmi]'as forefathers came to Sindh from Multan, Peer Pagara Forefathers are of Banu Rashid of Najdi Area - Riyadh Saudi Arbaia [infamous Wahabi Area], how about Makhdoom Talibul Maula [Siddiqui - since when Siddiquis became Sindhis].

Makhdoom Talibul Mawla (in Jinnah Cap) with Bhutto.

Mr Aajiz Jamali and Mr Manzoor Chandio should try Sultan Kot, Shikarpur and should try to prove this "Pure Sindhi Theory" in front of Durrani, Kansi and Pathan [all Sindhi speaking Pashtuns settled in Shikarpur are since last 250 years and arrived here from Afghanistan and Quetta]. Let both [Jamali Sahab and Chandio Sahab] ask these questions from Durranis and then see what happens.


Mirza Qalich Beg

Mirza Qalich Beg [extremely Rafizi Type of Shia - family arrived from Georgia - Russia and since when Butcher Mughals/Tartar/Mongol became Sindhi] should be declared Non-Sindhi as well. Mr Aajiz Jamali and Mr Manzoor Chandio should try this in front of Mughals settled in Jacobabad and Shikarpur and also try this Pure Sindhi Theory in front of Zoulfiqar Mirza of Badin. List goes on and on and Jamali Sahab and Chandio should ask these questions from the Baloch settled in Jacobabad [Bijaranis, Jhakranis, Dahanis, Bugtis, and Marris] and see what happens.

Monday, March 23, 2009

Punjabi Judiciary or Sindhi Judiciary - 2


On Sun, 3/22/09, Mohammad Khan Sial wrote:

I was really shocked to see the posting of Mr Manzoor Chandio that was full of contradictions and he tried to misguide the readers by giving the wrong information. It is very un-fortunate such people are labelling themselves as writer and intellectual. Mr Chandio claims "Punjabi chauvinism's latest victim Chief Justice of Pakistan Abdul Hameed Dogar of Khairpur Mirs' finally departs Islamabad unceremonially. " Mr Chandio is proud of PCO judge like Dogar and bent upon to label him as Sindhi whereas he should have ashamed of his role. With his departure, a 'black chapter' in judiciary ends. To my knowledge, Dogar is not real Sindhi but if he is, then every Sindhi must be ashamed about his role in the judiciary like Punjabis are still ashamed of the role of Justice Munir who valiadated "Law of necessity" and country is still suffering from his misdeeds. Mr Chandio claims that restored deposed chief justice is Punjabi but he forgets that it was chief justice who took many suo motto actions in favour of Sindhis like release of long missing Dr Safdar Sarki, missing of Munoo Bheel family, marriage of three small girls in Jacobabad as compensation in which Mir hazar Khan Bajrani was involved. He saw this on Sindhi TV KTN and took action.

Mohammad Khan Sial Sindhi Writer www.freewebs.com/sialtravel

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The climax of Punjabi chauvinism

Manzoor Chandio writes on March 21, 2009:

Punjabi chauvinism's latest victim Chief Justice of Pakistan Abdul Hameed Dogar of Khairpur Mirs' finally departs Islamabad unceremonially. Earlier, Supreme Court Chief Justice Sajjad Ali Shah of Naudero was virtually tortured in his chamber and kicked out of the Supreme Court by Punjabi chauvinists. In the past, Army Chief Gen Jehangir Karamat was sacked by Nawaz Sharif after they developed differences over formation of a National Security Council. The status of Punjabi leader can be gauged from the fact that he told the army chief that it was difficult for him to work with him. A Sindhi president cant do this.

Regards,Manzoor Chandio Blog: http://manzoorchandio.blogspot.com/

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Who is pure Sindhi and who would define this purity? Please explain the definition of Sindhi by going through a news about a case in which the suo moto notice was taken by CJ Iftikhar Muhammad Chaudhry and bail was granted by PCOed Judge Afzal Soomro [Soomros are not from Cheecha Watni - Punjab] and Rasool Bux Brohi [he was Sindi speaking common, poor and innocent Labour and believe me he was not from Gujranwala - Punjab]. Similarly Dr Safdar Sarki [from Jacobabad and uptil the last news Jacobabad is still in Sindh and not in Layya Multan] who disappeared during Musharraf Martial Law and Suo Moto Notice was taken by CJ Iftikhar Muhammad Chaudhry.

I wonder how would Mr Manzoor Chandio would judge Bhutto [a Sindhi but his forefathers were migrated from Hissar - East Punjab, India] but later in 70s, Mr Bhutto appointed Tikka Khan as Chief of the Army Staff [after sacking General Gul Hasan - here goes your claim that Sindhis cannot sack COAS] and not only that that Tikka Khan was famous for his butchery in Baluchistan [when he was Brigadier during Ayub Martial Law, it was Tikka who got Sardar Nauroz and Nephews and betrayed them after taking oath on Quran] and later the same Tikka butchered innocent Bengalis before the Fall of Dhaka. So how would you judge Bhutto?

KARACHI: Former LTF chief, aides released on bail By Azfar-ul-Ashfaque

December 25, 2007 Tuesday Zilhaj 14, 1428

http://www.dawn.com/2007/12/25/local1.htm

KARACHI, Dec 24: After spending over 16 months in prison, the former chief of the now defunct Lyari Task Force (LTF), SP Muhammad Aslam Khan, and two other officials were released on Monday evening after they succeeded in getting bail from the Sindh High Court.

SP Khan, DSP Irfan Bahadur and Inspector Safdar Shah were granted bail by a bench of the Sindh High Court comprising Chief Justice Mohammad Afzal Soomro on Monday in the famous Rasool Bux Brohi murder case.

Brohi was killed in a fake encounter in July 2006, although the police at that time claimed to have killed notorious dacoit Mashooq Brohi. Later, an inquiry was conducted and it came out that the police had killed an innocent man and described him as a most wanted criminal just to claim the reward money and get promotions.

A case was registered on the complaint of the widow of Rasool Bux Brohi at the Sakrand police station and a number of policemen including, SP Khan, were arrested.

The accused filed their bail applications through counsel Aamir Mansoob who took the plea that his clients were falsely implicated in the killing case and the star witness, Siddiqui Brohi alias Pandha, at the time of an examination before the court did not corroborate the case of complainant Lal Bibi and retracted his earlier statement made under Section 164 of the criminal procedure code.

He submitted that a charge-sheet was filed before the Malir District and Sessions judge on December 3, 2007 and it has been proved that the police encounter was genuine.

“The deceased had used different names and Mashooq Brohi was one of his names,” he said, adding that the deceased’s real name was, however, Rasool Bux Brohi.

Mr Mansoob referred to three instances in which Mashooq Brohi was killed. He submitted that in 1992 an FIR was lodged whereby eight dacoits were killed in an encounter. The gang leader, who was also killed, was known as Mashooq Brohi. Later, he submitted, in July 2006 another encounter took place and Mashooq Brohi was again killed. Finally on December 12, 2007 another encounter was held in which police claimed to have killed Mashooq Brohi.

He argued that of all the three cases, a DNA test was carried out in only one case. The DNA test of the man killed in the July 2006 encounter was conducted from a biological laboratory in Lahore and according to the finding the deceased Mashooq Brohi was the son of Ismail and Pathani.

He also submitted that the case was being tried before a court in Sakrand for the last 18 months and the prosecution lacks sufficient evidence against his clients. He prayed the court to grant bail as the matter needs further inquiry.

Additional advocate-general Arshad Lodhi, however, opposed the bail application and submitted that the trial court was recording the statements of witnesses and there was no delay.

For reasons to be recorded later, the court, through a brief order, granted bail to SP Khan, DSP Bahadur and Inspector Shah in the sum of Rs500,000 each.

Meanwhile, the release orders of the accused police officials took extra time to reach the Karachi Central Prison. Sources said that the release order was faxed from the Nawabshah sessions court to the Landhi jail, as the fax machine of the central prison was out of order. Later, an official of the Landhi jail brought the faxed order to the central prison and the jail authorities released the three officials.

City police chief Azhar Ali Farooqi told Dawn that the three police officials, including SP Khan, were still suspended.

However, he maintained that the government had the authority to reinstate any suspended police official regardless of a case or an inquiry pending against him at any forum.

He said that the report of a re-inquiry into the killing of Rasool Bux Brohi has been completed and sent to the Inspector-General Police (IGP) Sindh. He refused to divulge findings of the inquiry saying it was a confidential report.

Punjabi Judiciary or Sindhi Judiciary - 1

On Sun, 3/22/09, Mohammad Khan Sial wrote:

Mr Chandio is also shedding crocodile tears for ex-chief justice Sajjad Shah. Mr Chandio claims that Justice Sajjad Shah belongs to Naudero (Larkana) whereas ill-informed Manzoor Chandio does not knowthat justice Sajjad Shah has nothing to do with Larkana. For more than 100 years they are living in Karachi as told me by his late father. This proves that Manzoor Chandio has deliberately trying to give false colurs to his personal likings and dislikings.

Mohammad Khan Sial Sindhi Writer www.freewebs.com/sialtravel

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The climax of Punjabi chauvinism

Manzoor Chandio writes on March 21, 2009:

Punjabi chauvinism's latest victim Chief Justice of Pakistan Abdul Hameed Dogar of Khairpur Mirs' finally departs Islamabad unceremonially. Earlier, Supreme Court Chief Justice Sajjad Ali Shah of Naudero was virtually tortured in his chamber and kicked out of the Supreme Court by Punjabi chauvinists. In the past, Army Chief Gen Jehangir Karamat was sacked by Nawaz Sharif after they developed differences over formation of a National Security Council. The status of Punjabi leader can be gauged from the fact that he told the army chief that it was difficult for him to work with him. A Sindhi president cant do this.

Regards,Manzoor Chandio Blog: http://manzoorchandio.blogspot.com/

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Excerpts are from different newspapers, Hamid Hussain's article "Judicial Jitters in Pakistan, and read JUDICIARY AND POLITICS IN PAKISTAN which is chapter of Hegemony of the Ruling Elite in Pakistan By Abdus Sattar Ghazali

Judiciary, Judges and Lawyers as well are responsible for this mess.

Even senior judges of supreme court clash with each other about petty protocol matters. On June 5, 1994, Benazir appointed Sajjad A. Shah as chief justice by superceding three judges senior to him (Sad Saud Jan, Abdul Qadeer Chaudry and Ajmal Mian). This started the rift between senior judges of the highest court of the land. Five judges of supreme court were in Karachi at that time (Ajmal Mian, Saedduzaman Siddiqi, Wali Muhammad, Abdul Qadeer and Saleem Akhtar). Government sent a special plane to get Sajjad A. Shah for oath taking ceremony in Islamabad. Government asked that any judge who wanted to attend the ceremony could accompany Shah but none of the judges decided to join their newly appointed chief justice for the oath taking ceremony. [Quoted in Mian. A Judge Speaks Out, p. 158]

When chief justice Sajjad A. Shah was booted out by his own brother judges, the new court decided to clear up some contentious issues. All cases involving government and Prime Minister were dealt with judgments favorable to the government’s position. In March 1998, a seven member bench dismissed the petition challenging the 13th Constitutional Amendment. Interestingly, the petitioner was now not enthusiastic about perusing the case which suggests that the petition was part of the tussle between then chief justice (Sajjad A. Shah) and Prime Minister (Nawaz Sharif) and after the ouster of chief justice no one was interested in it. In May 1999, the court acquitted all who were charged with contempt of court including prime minister and several members of parliament. After the dismissal of Nawaz Sharif’s government an appeal was field against acquittal in September 2000. A five member bench of supreme court heard the appeal and convicted seven accused of contempt of court sentencing them to one month imprisonment and 5000 rupees fine. [Mian. A Judge Speaks Out, p. 281-83]

Justcie Irshad Hasan Khan served as federal law secretary during the Martial Law of General Zia. He later rose to become chief justice of the Supreme Court (January 26, 2000 - January 06, 2002). High court justice Ghaus Ali Shah joined Muslim League of Nawaz Sharif and served as Sharif’s confidant for long time. Supreme Court justice Afzal Lone was sitting on the bench which restored Nawaz Sharif government in 1993. Later he headed the Lone Commission which absolved Nawaz Sharif of any wrongdoing in the cooperative scandal. Later, Sharif paid Lone back by nominating him to become senator. Supreme court justice Muhammad Rafiq Tarar after his retirement served Sharif’s business interests and was later elected senator on Nawaz Sharif’s Muslim League ticket. He was duly rewarded by appointing him president for his loyal services. Tarar paid back by retaining his post when he agreed to general Mussharraf’s request to stay on as president when the later had booted out Nawaz Sharif and assemblies. Mussharraf in turn returned the compliment by unceremoniously sending Tarar home in June 2001. Tarar was booted out of the presidency by putting him in a private car and sent home in the most humiliating way. Mussharraff needed to act in this way not for a great national cause but he needed to get the lofty title of president to get the correct protocol during his upcoming visit to India.

If one takes into account the relationship of various judges with their political patrons and their judgments on crucial cases, then some questions arise about the motive of their judgments. Justcie Tarar saw everything wrong with Nawaz Sharif dismissal by president in 1993 and was as one of the justice of the Supreme Court bench which decided to restore Sharif government. Justcie Sajjad A. Shah saw everything wrong with Benazir’s dismissal in 1990. He was one of the two dissenting judges (the other one was Justcie Abdul Shakurul Salam) in a 1991 decision who did not approve of president’s decision to dismiss Benazir. He wrote that president had exercised his power with ‘malafide intention’.[Shah.Law Courts, p. 163]

In 1993, Shah saw everything right with Sharif’s dismissal and was the lone dissenter in a ten to one decision of Supreme Court which restored Sharif government. In 1997, when his relations had gone sour with Benazir, he viewed dismissal of Benazir kosher and even called president’s discretion of sacking prime minister as a balance of powers and ‘a safety valve to prevent imposition of martial law in the country’. [Shah.Law Courts, p. 344]

When president dismissed Benazir government in 1990, the dismissal was challenged in courts. Peshawar high court bench dismissed the petition by majority but justice Qazi M. Jamil was the dissenting judge. Jamil was also on the bench which restored provincial assembly. For these ‘crimes’, he was not confirmed by the president. Benazir duly rewarded Qazi M. Jamil by appointing him attorney general during her second term.

Chief justice Nasim H. Shah’s favorable tilt towards Muslim League and his antipathy towards Pakistan Peoples Party were well known. He had exchanged harsh words with chief justice Muhammad A. Zullah when later received Benazir at a function when she was opposition leader. He headed the bench which restored Sharif government in 1993. He had been humiliated earlier during Benazir government when Benazir refused to sit on the same table with him. The reason was that Nasim H. Shah was one of the justices who had upheld the death sentence of Benazir’s father Zulfiqar Ali Bhutto in 1979 (Nasim H. Shah was one of the majority justices on the bench which had given a four to three verdict of rejection of appeal of death sentence).

When Sajjad A. Shah was appointed chief justice, the three senior judges though bitter neither challenged the legality of the appointment nor offered to resign. They decided to take their revenge from inside and clashed with Shah on various matters. This was most obvious during the deliberations about ‘Judges case’. Sajjad A. Shah knowing that his own appointment was made by superceding three judges senior to him deliberated on all aspects of the matters pertaining to appointment of justices but ducked the crucial question of his own appointment. When he discussed his own draft of the judgment with judges, justice Ajmal Mian remarked that ‘it would be the first time in judicial history that a Chief Justcie of the highest court in the land constituted a bench of his choice, presided over it and decided constitutionally about his own appointment’. [Mian. A Judge Speaks Out, p. 181]

The senior most judge was justice Sad Saud Jan who was expecting to be chief justice but after the elevation of Sajjad A. Shah he did not intend to work with the new chief justice. In 1996, after ‘judges case’ decision, several acting and ad hoc judges were affected and were not assigned judicial work. This created an embarrassing situation where affected judges actually moved their own courts. One of the affected justice K. A. Chaudry of Lahore high court filed a petition in his own court against his own chief justice demanding that he was a functioning justice and judicial cases should be assigned to him. Another affected judged justice Mohammadi ridiculed supreme court decision during a hearing of bail application. Supreme court issued a notice of contempt of court against this judge who later resigned. [Shah. Law Courts, p. 272-73]

In 1997, when country’s prime minister and chief justice were at loggerheads, the real decay of institutions became quite visible. All kind of emissaries were shuttling between the two stubborn personalities who were settling their personal scores hiding behind lofty positions and high offices. Sharif was using ethnic Sindhis (Ghaus Ali Shah, Ilahi Baksh Soomro and Liaqat Jatoi) and former chief of intelligence Lt. General ® Hamid Gul to send his messages to chief justice. Army chief General Jehangir Karamat and Director General of Inter Services Intelligence (DG ISI) Lt. General Nasim Rana were also mediating. Chief justice of the country was frequently meeting and corresponding with country’s intelligence chief about his grievances with the executive. On the morning of December 02, when Sajjad A. Shah was going to remove the constitutional amendment to clear the way for president to dissolve assembly, an ISI Colonel came to Supreme Court and met the chief justice in his chamber. [Mian.A Judge Speaks Out, p. 249]

Sometimes people occupying high offices act in a childish manner embarrassing not only the high office but also the country. In August 1997, chief justice recommended elevation of five judges to supreme court without consulting with government. Government in return issued an order duly signed by the president reducing the strength of the supreme court from seventeen to twelve. Few days later chief justice presiding a three member bench suspended the notification and a couple of days later government withdrew the notification. Supreme Court justices rather than brainstorming about legal issues clashed with each other about the color of the Supreme Court flag. One chief justice arranged for the inauguration of the incomplete building of the new Supreme Court because he wanted to be in the limelight before his retirement. A number of justices opposed this ridiculous idea and they were not invited for the ceremony. When chief justice Muhammad Afzal Zullah received opposition leader Benazir Bhutto in a ceremony, several of his brother judges were furious and harsh words were exchanged between Zullah and justice Nasim Hasan Shah.

In 1997, when rebellious judges confronted chief justice Sajjad A. Shah in a meeting, there was plenty of name calling. Shah accused justice Shaikh Riaz for working on behest of the government as he was friendly with Shahbaz Sharif. Riaz retorted that when he was serving as chief justice of Lahore high court, Shah had asked him to arrange for a meeting with Nawaz Sharif’s father Mian Muhammad Sharif (he used the words ‘qadam bosi’ (kissing the feet) of Sharif’s father) and Riaz had arranged for that meeting. [Mian. A Judge Speaks Out, p. 245]

In his petition challenging president’s reference against him, chief justice Iftikhar M. Chaudry has spilled some more judicial beans and few more skeletons have seen the daylight. Chaudry accused several justices of the SJC as biased because he had initiated inquiries against their misconduct. He objected on inclusion of three justices: Javed Iqbal, Iftikhar Hussain Chaudry and Abdul Hameed Dogar. He maintained that justice Iqbal will benefit from his removal and may have a shot at chief justice post in three years. [Daily Times, April 19, 2007]

He also accused justice Iqbal of securing admission for two of his daughters to medical college on special quota when they did not qualify on merit. He stated that he had sent a reference to SJC against justice Abdul Hameed Dogar for mismanagement of funds of Shah Abdul Latif Bhitai University. He also disclosed that another member of SJC, chief justice of Lahore high court Iftikhar Hussain Chaudry was not on talking terms with him since he had opposed his elevation to supreme court. [Daily Times, April 21, 2007]

The cats which Chaudry has let loose are going to cause a lot of problems. He should expect some backlash from people he is accusing. Date of birth can be very important especially when one’s promotion and retirement depends on it. The clash of dates of birth of two chief justices is elaborated in detail in their autobiographies. [Mian.A Judge Speaks Out, pp. 263-273]

Sajjad A. Shah was scheduled to retire on February 16, 1998 on attaining the age of 65 which was the age of retirement for supreme court justice. In a totally bizarre move, he sent an application to the president of Pakistan stating that the date of birth recorded on all his records was wrong. He stated that he had found his correct date of birth just few years ago. He requested that his date of birth should be changed from 16 February 1993 to 10 May 1934 and on the basis of this new information he should be retired on 10 May 1999 instead of February 16, 1998. [Mian. A Judge Speaks Out, p. 195]

Justice Mian was more smarter and quite early in his career he had fast forwarded his date of birth and secured appropriate documents. Such petty things when come to limelight further erodes the respect for judiciary and institution suffers badly from these acts of omission and commission.

Ansar Abbasi's Excellent Knowledge of Islam.


Ansar Abbasi, Editor Investigation, The News/Jang Group of Newspapers

The article (Jang 7 Feb 2009) by Ansar Abbasi in question:

As a free citizen Mr Ansar Abbasi [Correspondent of Daily Jang and The News International's Editor Investigations] has every right to have his opinion [no matter how harsh and no matter against whom] but I ask, is it necessary to Insert Islam into every damn thing in Pakistan. Why dont these Pseudo Islamist type of Journalist keep their mouth shut on Islam when they dont know about it. If you would go through the attached News article by Mr Ansar Abbasi, you would find in the last lines without any reference Mr Abbasi vomit his ignorance by repeating a phrase which is in vogue since centuries in the name of Hadith.

If Ansar Abbasi dont like PPP, Zardari, MQM, Altaf Hussain then it is Mr Abbasi's Basic Democratic Right [Mr Abbasi there is concept of Secular Democracy in your much exploited Religion Islam] to differ and dissent but there is no need to exploit Islam for this. Keep the Religion particularly Islam out of Politics because you wont have positive results

"QUOTE"

Ikhtilaf Rai to Hamaray Deen Ka Hissa Hey"

"UNQUOTE"

Translation: Difference of Opinion is an essential part of Islam Yaani "Ikhtalaf-e-Ummat Bais-e-Rehmat Hai"

Ahl ul Bidah [Innovators - Bida'ati] quote this statement as a hadith, but it is not mentioned in the six authentic collections of Hadith and its chain of narrators is also not known. There are various versions of this statement. In some versions it is mentioned, "The difference of opinions among my Companions is a mercy for you." Or "The difference of opinions of my Companions is a mercy for my Ummah." Many scholars of Hadith consider all these versions as weak or da'if as far as their narration is concerned. "The saying "Difference of opinion in my Community is a mercy" is the most perverse saying possible, because if difference were mercy, agreement would be anger, and it is impossible for a Muslim to say this, because there can only be either agreement, or difference, and there can only be either mercy, or anger."


أَفَلاَ يَتَدَبَّرُونَ الْقُرْآنَ وَلَوْ كَانَ مِنْ عِندِ غَيْرِ اللّهِ لَوَجَدُواْ فِيهِ اخْتِلاَفًا كَثِيرًا

[AN-NISA (WOMEN) Chapter 4 - Verse 82]


Afala yatadabbaroona alqurana walaw kana min AAindi ghayri Allahilawajadoo feehi ikhtilafan katheeran

Interpretation of the meaning:

Will they not then ponder on the Qur'an? If it had been from other than Allah they would have found therein much incongruity. [AN-NISA (WOMEN) Chapter 4 - Verse 82]

Sectarianism is negation of Islam, Quran and Hadith.

True Muslims should be content with the name "Muslims given to them by Almighty Allah as He says:


وَجَاهِدُوا فِي اللَّهِ حَقَّ جِهَادِهِ هُوَ اجْتَبَاكُمْ وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ مِّلَّةَ أَبِيكُمْ إِبْرَاهِيمَ هُوَ سَمَّاكُمُ الْمُسْلِمينَ مِن قَبْلُ وَفِي هَذَا لِيَكُونَ الرَّسُولُ شَهِيدًا عَلَيْكُمْ وَتَكُونُوا شُهَدَاء عَلَى النَّاسِ فَأَقِيمُوا الصَّلَاةَ وَآتُوا الزَّكَاةَ وَاعْتَصِمُوا بِاللَّهِ هُوَ مَوْلَاكُمْ فَنِعْمَ الْمَوْلَى وَنِعْمَ النَّصِيرُ

And strive for Allah with the endeavour which is His right. He hath chosen you and hath not laid upon you in religion any hardship; the faith of your father Abraham (is yours). He hath named you Muslims of old time and in this (Scripture), that the messenger may be a witness against you, and that ye may be witnesses against mankind. So establish worship, pay the poor-due, and hold fast to Allah. He is your Protecting friend. A blessed Patron and a blessed Helper! [AL-HAJJ (THE PILGRIMAGE) Chapter 22 - Verse 78]


إِنَّ الدِّينَ عِندَ اللَّهِ الإِسْلَـمُ

English Translation:

The Religion before Allah is Islam [AL-E-IMRAN (THE FAMILY OF 'IMRAN, THE HOUSE OF 'IMRAN) Chapter 3 - Verse 19]



وَاعْتَصِمُواْ بِحَبْلِ اللَّهِ جَمِيعاً وَلاَ تَفَرَّقُواْ

English Translation:

And hold fast, all of you together, to the cable of Allah, and do not separate. [AL-E-IMRAN (THE FAMILY OF 'IMRAN, THE HOUSE OF 'IMRAN) Chapter 3 - Verse 103]


وَلاَ تَكُونُواْ كَالَّذِينَ تَفَرَّقُواْ وَاخْتَلَفُواْ مِن بَعْدِ مَا جَآءَهُمُ الْبَيِّنَـتُ وَأُوْلَـئِكَ لَهُمْ عَذَابٌ عَظِيمٌ


English Translation:

And be ye not as those who separated and disputed after the clear proofs had come unto them. For such there is an awful doom, [AL-E-IMRAN (THE FAMILY OF 'IMRAN, THE HOUSE OF 'IMRAN) Chapter 3 - Verse 105]


وَأَطِيعُواْ اللَّهَ وَرَسُولَهُ وَلاَ تَنَـزَعُواْ فَتَفْشَلُواْ وَتَذْهَبَ رِيحُكُمْ وَاصْبِرُواْ إِنَّ اللَّهَ مَعَ الصَّـبِرِينَ

English Translation:

And obey Allah and His messenger, and dispute not one with another lest ye falter and your strength depart from you; but be steadfast! Lo! Allah is with the steadfast. [AL-ANFAL (SPOILS OF WAR, BOOTY) Chapter 8 - Verse 46]


وَلَقَدْ أَرْسَلْنَا مِن قَبْلِكَ فِى شِيَعِ الاٌّوَّلِينَ - وَمَا يَأْتِيهِم مِّن رَّسُولٍ إِلاَّ كَانُواْ بِهِ يَسْتَهْزِئُونَ

English Translation:

We verily sent (messengers) before thee among the factions of the men of old. And never came there unto them a messenger but they did mock him. [AL-HIJR (AL-HIJR, STONELAND, ROCK CITY) Chapter 15 - Verse 10 and 11]


قُلْ هُوَ الْقَادِرُ عَلَى أَن يَبْعَثَ عَلَيْكُمْ عَذَاباً مِّن فَوْقِكُمْ أَوْ مِن تَحْتِ أَرْجُلِكُمْ أَوْ يَلْبِسَكُمْ شِيَعاً وَيُذِيقَ بَعْضَكُمْ بَأْسَ بَعْضٍ انْظُرْ كَيْفَ نُصَرِّفُ الاٌّيَـتِ لَعَلَّهُمْ يَفْقَهُونَ

English Translation:

Say: He is able to send punishment upon you from above you or from beneath your feet, or to bewilder you with dissension and make you taste the tyranny one of another. See how We display the revelations so that they may understand. [AL-ANAAM (CATTLE, LIVESTOCK) Chapter 6 Verse 65]


إِنَّ فِرْعَوْنَ عَلاَ فِى الاٌّرْضِ
َجَعَلَ أَهْلَهَا شِيَعاً


English Translation:

Lo! Pharaoh exalted himself in the earth and made its people castes. [AL-QASAS (THE STORY, STORIES) Chapter 28 - Verse 4]


مُنِيبِينَ إِلَيْهِ وَاتَّقُوهُ وَأَقِيمُواْ الصَّلوةَ وَلاَ تَكُونُواْ مِنَ الْمُشْرِكِينَ - مِنَ الَّذِينَ فَرَّقُواْ دِينَهُمْ وَكَانُواْ شِيَعاً كُلُّ حِزْبٍ بِمَا لَدَيْهِمْ فَرِحُونَ

English Translation:

Turning unto Him (only); and be careful of your duty unto Him and establish worship, and be not of those who ascribe partners (unto Him); Of those who split up their religion and became schismatics, each sect exulting in its tenets. [AL-ROOM (THE ROMANS, THE BYZANTINES) Chapter 30 - Verse 31 and 32]


إِنَّ الَّذِينَ فَرَّقُواْ دِينَهُمْ وَكَانُواْ شِيَعًا لَّسْتَ مِنْهُمْ فِى شَىْءٍ إِنَّمَآ أَمْرُهُمْ إِلَى اللَّهِ ثُمَّ يُنَبِّئُهُم بِمَا كَانُواْ يَفْعَلُونَ

English Translation:

Lo! As for those who sunder their religion and become schismatics, no concern at all hast thou with them. Their case will go to Allah, Who then will tell them what they used to do. [AL-ANAAM (CATTLE, LIVESTOCK) Chapter 6 - Verse 159]

Ahle Sunnah Wal Jama'h [Hanafi, Maliki, Shafa'i, and Hanbali]:

Despite some very minor disputes there are many Sub-Groups in these 4 groups like Wahabis {Sub-Groups Ahle-Hadith, Ghurba Ahle Hadith, Non-Conformist, Hizb Ullah, Jamat-ul-Muslemeen} Deobandi {Jamiat-e-Ulma-e-Islam (divided in groups), Jamat-e-Islami, Tableeghi Jamat of Raiwind}, Barelvis {Jamiat-e-Ulmai Pakistan, Sunni Tehreek, Dawat-e-Ilami, and other spiritual factions who own Shrines scatterd all over the Muslim World particularly Sub-Continent. For the sake of Power Politics these Clerics join hands with each other to create trouble for any elected government but normally their sub-groups or bodies create sectarian frenzy in the country as we have been witnessing it from the days of General Zia ul Haq.

SHIA GROUPS:

ZAIDIYA, ISMAILIYA, KARAMATES, LAANIYA, MUTRABISA, RAJIYA, MUTANASIKHA, ABBASSIYA, NAWUDUSIYA, ALWIYA IMAMIYA, SABAAIYA , MUFZILYA, SAIRIGHIYA, BAIZIGHIYA, KAMILIYA, MUGHIRIYA, JINAHIYA, BIYANYIA, MANSOORIYA, GHAMAMIYA, UMUVIYA, TAFWEEZIYA, KHITABIYA, MUAMMARIYA, GHARABIYA, ZABAIYA, ZIMMIYA, ASNINIYA, KHAMSIYA, NASEERIYA, ISHAQIYA, GHALBANIYA, ZARAMIYA, MUQNAIYA, KAISANIYA, BATINIYA

HARORIYA GROUP:

AZRAQIYA, ABAZIYA, SAALBIYA, KHARJI, HAZIMIYA, KHALFIYA, LUZIYA, LANZIYA, SHIMRAKHIYA, AKHANSIYA, MOHKAMIYA, MOATAZILLA, MAIMOONIYA

QADARIYA GROUP:

AHMERIYA, SANWIYA, SHAITANIYA, SHARIKYA, WEHMIYA, RAWANDIYA, BATARIYA, NAAKSIYA, QASTIYA, NIZAMIYA.

JEHMIYA GROUP

MOATTILA, MAREESIYA, MULTAZIQA, WARDIYA, ZANADIQA, HARQIYA, MAKHLOOQIYA, FAANIYA, GHAIRIYA, WAQIFIYA, QABRIYA, LAFZIYA.

MARJIA GROUP

TARIKYA, SAIBIYA, RAJIA, SHAKIYA, BIHSIYA, AMLIYA, MUSNIYA, MUSHBIYA, HASWIYA, ZAHIRYA, BIDDAIYA, MANQOOSIYA.

Notes and References on Sects in Islam:

1 - Al-Fisal fi al-Milal wa al-Ahwa' wa al-Nihal ("The Separators Concerning Religions, Heresies, and Sects") by Ibn Hazm al-Andalusi Al Zahiri.

2 - Al-Milal wa al-Nihal كتاب الملل و النحل, The Book of Sects and Creeds by Abdul Karim Al Shahrastani.

3 - Al-Ghunya li-talibi tariq al-haqq wa al-din (Sufficient Provision for Seekers of the Path of Truth and Religion) by Abdul-Qadir Gilani

4 - Talbees Iblees - Arabic [The Devil's Deception] by Ibn al-Jawzee explosive on the Shi'a school of thought in Islam, as well as various other groups such as the Khawaarij (Khaarijites) and the Baatineeyah.[also available in Urdu]

English Translations Talbees Iblees [The Devil's Deception] A - Translated By D.S. Margoliouth Edited By N.K. Singh Published In India, B - Translated Dr. Bilal Philips'

Ansar Abbasi, Lies & The News International/Jang Group

Ansar Abbasi, Editor Investigation, The News/Jang Group of Newspapers
Bureaucrats fear Dogar may become FPSC chief By Ansar Abbasi

Sunday, March 22, 2009

http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=21082&Cat=13&dt=3/19/2009 Gen (retd) Shahid Hamid has also seen considerable decline from the peak that this prestigious institution had seen during the days of late Lt-Gen (retd) Jamshed Gulzar Kiani.
================

The Reality of Late. Lt. General (R) Jamshed Gulzar Kiani
Lt General (retired) Jamshed Gulzar Kiani [Former number 2 in ISI in 1999 and Corps Commander, and Chairman FPSC]

Real Face of Lt. General (R) Jamshed Gulzar Kiyani

video
http://www.youtube.com/watch?v=og7SUt_1oZA

For your kind perusal,

Major General Rashid Qureshi [Former ISPR Chief and Spokesman for Martial Law Administrator General Pervez Musharraf]
“What a nonsense that a retired soldier could not differentiate between chemical weapons and phosphorous grenades. The retired general in fact needs a new course to know the difference between the two,” Qureshi said. He said if Lt Gen (R) Jamshaid Gulzar Kiyani had reservations against the Kargil operation, he should have the courage to speak against the same. He never uttered a word then. He also came up with double talk on briefing the former Prime Minister Nawaz Sharif on the Kargil operation and asked as to why Mr Kiyani did not resign if he was true to his claim. “This gentleman availed every offer during the last eight years by remaining on key posts including corps commander and chairman Federal Public Service Commission but has now chosen the other path for some ulterior motives. He did not talk from his head but it reflected that he was speaking for someone else,” charged the presidential spokesman. REFERENCE: Kiyani’s allegations childish: Qureshi News Desk Wednesday, June 04, 2008 http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=15111&Cat=13&dt=6/4/2008

Late. Sardar Akbar Shahbaz Khan Bugti

The real reason behind this sudden love of Lt General Retd. Jamshed Gulzar Kiyani for Constitution, Civil Liberties, Democracy, Rule of Law, and Independent Judiciary in Pakistan is nothing but Monetary Benefits for the Ex Servicemen Society and hiding the Criminal Past of many in Servicemen Society. These men have earned Millions if not billions under the same General Musharraf whom they want to try for treason. General Jamshed never mentioned Operation Cleanup in Baluchistan [aren't these Baluchs Pakistanis? and by mistake they also happen to be Muslims as well] particularly the Extra Judicial Killing of Sardar Akbar Bugti [if he was guilty then he should have been put on trial even in the Military Court]. General Jamshed restricted himself to Lal Mosque and Kargil [isn't Baluchistan in Pakistan?], why? Does military training snatch the sense of history, passion, and mercy.

"QUOTE"
Dr. Ayesha Siddiqa Agha [Defence Expert]



So, the onlookers have to be careful in distinguishing between the need to investigate the Kargil crisis and the actual intent of people like Gen Jamsheed Gulzar Kiyani and others in telling the story now. The good general sat silent all these years enjoying his stint as head of Fauji Foundation’s company Marri Gas and then as the chairman of the Federal Public Services Commission. The question is that why didn’t he ask any question then? The retired officers defended the economic, political and social power of the armed forces and defended the organisation’s control of the state. They even mentioned the military’s right to ten per cent jobs as granted by the constitution which is an absolute fallacy. The ten per cent quota was granted by Gen Ziaul Haq and is mentioned in the Establishment code of the government and not in the constitution. REFERENCE: The wannabe heroes By Ayesha Siddiqa June 13, 2008 Friday Jamadi-us-Sani 08, 1429   http://archives.dawn.com/2008/06/13/op.htm

"UNQUOTE"
Anjum Niaz, Columnist Daily Dawn - Pakistan.



An ex-servicemen society has been launched. Alas, a watering hole has been provided for these endangered species who fear extinction unless they strut about and flap their tired old feathers trying to make waves. Do men have a bad hair day? The four I watched last week on television certainly appeared as having one. Getting into each other’s hair, the quartet exposed itself to being men of straw and not steel as they have always tried portraying themselves. Bereft of uniform and all the trappings that go with an army general, they came across churlish, even infantile. Why do retired generals get hardened and macabre? Why do their eyes turn flinty and laser hate, venom and anger? Why do they dye their hair boot-polish black? Why do they blow dry it? Why do some (Pervez Musharraf and Rashid Qureshi) wear their hair in a bouffant while Gulzar Jamshed Kiani prefers a funny mop that sits uncannily on his forehead? Looks aside, what’s in a name? Plenty! President Musharraf and his spokesman, hawk-eyed General (retd) Qureshi beat one point to death last week: why had Jamshed Gulzar (JG) decided to add the suffix Kiani after his name? Both said that since the real McCoy was a Kayani, as in Army Chief General Ashfaq Parvez Kayani, JG of late started calling himself JGK! Imagine the ‘impudence!’ Musharraf went to the extent of saying that this chap who is now calling for Musharraf’s impeachment came from a humble background and it’s the army that gave him distinction. JG must not forget his pedestrian antecedents. Ahem… Musharraf himself comes from a similar background. The last general under discussion is Hamid Gul. He always looks and acts very angry. What’s his problem? Other than making umpteen TV appearances and putting himself on a pedestal, high above everyone else, what great service has this general done ever since he left the army? Sinister things happened when he was at the helm. Sketching doomsday scenario is all this one can do. An ex-servicemen society has been launched. Hurrah and three cheers! Alas, a watering hole has been provided for these endangered species who fear extinction unless they strut about and flap their tired old feathers trying to make waves. Leading this retired pack are retired generals Faiz Ali Chisti (whose name sent shivers down our spines during Zia days); Aslam Beg (an arrogant iconoclast) and Asad Durrani (slippery as an eel). These men have skeletons rattling in their cupboards and the one who has threatened to open up their cupboards to show us the skeletons is none other than Pervez Musharraf. He says it’s a long tale consuming “weeks of revelation” on these ‘unsavoury’ characters and the ‘dirty role’ they played while in service. The million-dollar question: who will beat whom to the finish line? Will it be this pack of angry old men who will tear away the veneer behind which the president currently squats to gloat or will it be the president who will knock each down with evidence of wrongdoing that these men may find difficult to defend? They may go back to their holes with tails between their legs? My educated guess is that Musharraf’s war chest against them is empty. It’s hollow. Otherwise by now spokesman Qureshi would have leaked out some dirt to his favourite hacks. Nothing has been forthcoming from the presidency. Which may mean there’s nothing to reveal. Remember the references Musharraf filed against Iftikhar Chaudhry? In the end all that dope that the agencies had collected and photographed on the CJP got thrown out by the 13 member bench headed by Justice Ramday (who paid for his act of defiance by being sacked). Not only that, Justice Chaudhry was reinstated and brought back as the CJP in style. One hoped Musharraf would quit after this defining defeat. But he stayed and dug a dagger in the CJP at the first chance he got on November 3, 2007. Hell hath no fury like an old man scorned. The CJP will not rest unless he’s restored the second time round; Pervez Musharraf will not rest unless the CJP is history; JG Kiani will not rest unless he’s given another stint as the chairman, public service commission or some other such commission; the restive retired generals will not rest unless they are sent to foreign lands as our ambassadors, or made advisers or given consultancies to keep them out of mischief. There’s another category of species in danger of extinction. Let’s bring them in as they gasp for breath and cling to any straw that can give them a ride through the corridors of power once again. These are men who represented us abroad. When in service, so busy were they serving the man in uniform, i.e. General Pervez Musharraf, that they had no time to deal with ordinary folks like you and me. Today, they have all the time to blast Musharraf because they want to remind Asif Zardari that they can still play a role should he have some slots vacant for them. Former foreign secretaries Shamshad Ahmed Khan and Riaz Khokhar are in the forefront organising a group of retired diplomats to rise up and be heard.‘Play it again, Sam’ but save us from the fury of old men scorned. They don’t make a pretty picture. REFERENCE:  DATELINE ISLAMABAD: Angry old men [June 15, 2008, Daily Dawn Sunday Magazine] By Anjum Niaz http://archives.dawn.com/weekly/dmag/archive/080615/dmag21.htm

Sunday, March 22, 2009

Asghar Ali Engineer, Omar, Ali, Hussein and Yazid - 4


CENTRALITY OF JIHAD IN THE POST-QUR’ANIC PERIOD Asghar Ali Engineer

(Islam and Modern Age, March 09)

Husain stood for Islam and Islamic values and Yazid for power

URL: http://www.newageislam.com/NewAgeIslamArticleDetail.aspx?ArticleID=1232

Asghar Ali Engineer

But after death of the Prophet (PBUH) there was no great moral authority to influence people and since there was no formal state structure, it became necessary to evolve a formal state structure. Since there was no available model among Arabs, much had to be copied from Persian and Roman state structures. [Asghar Ali Engineer].

It is unfortunate that these wars for power were often called ‘jihad’ and not only meaning of jihad which originally means struggle for truth was corrupted to mean war in the way of Allah. These wars were anything but war in the way of Allah. Qur’anic doctrine nowhere requires war with sword to spread Islam. So all conquests that took place had nothing to do with religion and were anything but jihad. In fact the series of conquests begin with the 2nd Caliph Umar and Sassanid and parts of Roman Empire were conquered. Unfortunately we do not find much on reasons for these conquests in early sources. It was certainly not for spread of Islam or spread of truth. [Asghar Ali Engineer].

============================================

Dear Editor,

I wonder if Mr Asgher Ali Engineer has even read the Volumes number 2, 3, and 4 of Tabari [he relied on Tabari to condemn Muawiyah and Yazeed] wherein a complete State Structure is given which was left by Prophet Mohammad [PBUH], Mr Asgher Ali should also have tried first two volumes of Tabaqat-e-Ibn-e-Sa'ad, and should also have read Ibn Khaldun's Volume [Rasool and Khulafa-e-Rasool] before passing the comment that;

"QUOTE"

But after death of the Prophet (PBUH) there was no great moral authority to influence people and since there was no formal state structure, it became necessary to evolve a formal state structure. Since there was no available model among Arabs, much had to be copied from Persian and Roman state structures.

"UNQUOTE"

Some of the important facts that need to be kept in mind while passing any judgments about the expidition of Persia (often termed forced conversion) [by the Companions] and killing and expelling the Jews of the Banu Qurayzah and other tribes from Arabia:

The Prophet Mohammad [PBUH] was the last messenger of Allah. With his status as a Rasul, the Prophet Mohammad [PBUH] was in a position to do Itmamu'l-Hujjah [Final Argument] even as an individual. No one after him has that privilege. No individual can do Itmamu'l-Hujjah now because no individual can claim that his propagation has manifested the truth to the extent that no excuse is left to deny it. Indeed, an individual cannot even be absolutely certain of having understood the truth absolutely correctly. He can only be certain that God will reward him for doing his duty as he has 'been given the light to see it'. Only the Prophet Mohammad [PBUH]'s word are final in religion. After the Prophet [PBUH], the responsibility of bearing witness to the truth of Islam was passed on to his Companions [May Allah be pleased with them], who were declared Ummah Wasat (the intermediate people) and the shuhada 'ala'l-Nas (witnesses over people).

The Qur'an says:

And strive for Allah with the endeavour which is His right. He hath chosen you and hath not laid upon you in religion any hardship; the faith of your father Abraham (is yours). He hath named you Muslims of old time and in this (Scripture), that the messenger may be a witness against you, and that ye may be witnesses against mankind. So establish worship, pay the poor-due, and hold fast to Allah. He is your Protecting friend. A blessed Patron and a blessed Helper! [AL-HAJJ (THE PILGRIMAGE) Chapter 22 - Verse 78]

Thus We have appointed you a middle nation, that ye may be witnesses against mankind, and that the messenger may be a witness against you. [AL-BAQARA (THE COW) Chapter 2 Verse 143]

Killing and Expelling the Jews of the Banu Qurayzah:

1- After the Prophet’s migration to Medinah, the Banu Qurayzah, with the other Jewish tribes of the locality, became a party to the Medinah declaration, according to which, these Jewish tribes and the Muslim state of Medinah were to act as alliances against any foreign attacks. According to this declaration, the Jews were allowed complete religious freedom and were granted protection of life and wealth as long as they honored the declaration;

2- Previously, the Banu Qurayzah were given a lesser status than the other Jewish tribe – the Banu Nadheer – which is evident from the fact that the blood money that they were granted, if any of their tribesman was killed by Banu Nadheer was half that of what was granted to Banu Nadheer. The Prophet (pbuh) corrected this injustice and granted the Banu Qurayzah the same political status as that of Banu Nadheer. (Abu Dawood, Kitaab al-Diyyaat, Baab al-Nafs bi al-Nafs, Hadith No. 3896)

3- The Jewish tribes did not honor their part of the Medinah declaration and on the instigation of the Qureish broke the agreement. At this the Banu Nadheer were sent into exile; while the Banu Qurayzah asked forgiveness and requested a renewal of the agreement, to which the Prophet (pbuh) agreed and allowed them another chance (Muslim, Kitaab al-Jihaad wa al-Siyar, Baab Ijlaa al-Yahood min al-Hijaaz, Hadith No. 3312)

4- Even after all this, the Banu Qurayzah joined the alliance that was gathered by the Qureish against the Muslims.

It was in this background that immediately after the confrontation with the confederates (Ahzaab), the Prophet (pbuh) decided to take the Banu Qurayzah to task. Even then, had the Banu Qurayzah sought forgiveness for their betrayal, the Prophet (pbuh) may have given them respite, as he did so in the past. Nevertheless, the Banu Qurayzah had decided to fight the Muslims. This was evident from the fact that when Ali (ra) reached their fort, they openly abused the Prophet (pbuh).

The Muslims kept the forts of Banu Qurayzah under siege for about one month. Ultimately, the Banu Qurayzah requested the arbitration of Sa`d Ibn Mu`aaz (ra) – one of the leaders of the tribe of Aws – a traditional ally of the Banu Qurayzah

and promised that they would accept whatever Sa`d ibn Mu`aaz decides for them. Later on, Sa`d decided that all those among the Banu Qurayzah, who could fight be killed, while all their women and children be taken as slaves and all their wealth and property be confiscated and distributed among the Muslims. Subsequently, the sentence pronounced by Sa`d was implemented by the Muslims.

It should be clear from the facts given above that in the light of their behavior preceding the judgment the Banu Qurayzah deserved a very strict punishment. Furthermore, it is also clear that the punishment was not decided by the Prophet (pbuh), but was actually decided by a person, who was appointed as arbitrator, by the Banu Qurayzah, themselves.

However, one may still be of the opinion that the Prophet (pbuh) should have softened the punishment, even if it was pronounced by an arbitrator, who was appointed by the Banu Qurayzah themselves. On the contrary, the Prophet (pbuh) not only upheld and implemented the decision pronounced by the arbitrator, but also commended it as: ‘in accordance with God’s law’.

To fully understand why the Prophet (pbuh) did not soften or alter the sentence pronounced by Sa`d ibn Mu`aaz, we should keep in mind that Banu Qurayzah were actually Jews, who were subject to the laws of the
Torah.

Deuteronomy 20: 10 – 14 says:

When you draw near to a town to fight against it, offer it terms of peace. If it accepts your terms of peace and surrenders to you, then all the people in it shall serve you at forced labor. If it does not submit to you peacefully, but makes war against you, then you shall besiege it; and when the LORD your God gives it into your hand, you shall put all its males to the sword. You may, however, take as your booty the women, the children, livestock, and everything else in the town, all its spoil. You may enjoy the spoil of your enemies, which the LORD your God has given you.

It was in accordance with this law that Moses (pbuh) ordered the killing of all the men of Midian and taking all their women and children as captives.

Numbers 31: 7 – 11 read as:

They did battle against Midian, as the LORD had commanded Moses, and killed every male… The Israelites took the women of Midian and their little ones captive; and they took all their cattle, their flocks, and all their goods as booty. All their towns where they had settled, and all their encampments, they burned, but they took all the spoil and all the booty, both people and animals.

Obviously, on reciprocal basis, the Israelites themselves were subject to the same divine law. Thus, Sa`d Ibn Mu`aaz pronounced his judgment according to this law, upon which, the Prophet (pbuh) declared that his decision was 'in accordance with God's law'. Furthermore, because of this particular nature and basis of the judgment, the Prophet (pbuh) neither had the right nor the authority to alter it.

Because Sa`d ibn Mu`aaz’s decision was in accordance with the directives of the Torah, which the Jews accepted to be divine and were, therefore, subject to, the Prophet (pbuh) did not alter the decision. It was, in fact, because of this background of the judgment that when Hayee ibn Akhtab – one of the Jewish leaders – was brought to the place where he was to be killed, he looked at the Prophet (pbuh) and said:

By God, I have no regrets in opposing you, but the fact is that whoever tries to deceive God is Himself, ultimately, deceived.

Then he turned toward his people and said:

People, there is no harm in the implementation of God’s laws. This was a directive of God, it was decided, it is a punishment, which God had prescribed for the Israelites.

Thus, the Banu Qurayzah were, in fact, slaughtered by the sword of the Torah – the book, which they, themselves, held to be divine.

References:

This response is primarily based on Shibli Naumani’s “Seerat al-Nabiy”. [History is used as per the criteria used by Asghar Ali Engineer]

The Prophet Mohammad [PBUH] sent Ali Ibn Abi Talib [May Allah be pleased with him] with his flag to the Banu Qurayzah and people started moving toward them. When Ali [May Allah be pleased with him] came close to their forts, he heard them say despicable things about the Prophet [May Allah be pleased with him].

According to Ibn Katheer’s Al-Bidayah wa al-Nihaayah [History is used as per the criteria used by Asghar Ali Engineer to curse not only Yazeed and Muwaiyah but indirectly Hazrat Omar], the Banu Qurayzah were misguided by some of their allies that if the Prophet (pbuh) were to decide their fate, he would kill them all.

Life of the Prophet [Seeratul Alnabwiya by Ibn-e-Hisham Volume 4 Page 201][History is used as per the criteria used by Asghar Ali Engineer]

Asghar Ali Engineer, Omar, Ali, Hussein and Yazid - 3


CENTRALITY OF JIHAD IN THE POST-QUR’ANIC PERIOD Asghar Ali Engineer

(Islam and Modern Age, March 09)

Husain stood for Islam and Islamic values and Yazid for power

URL: http://www.newageislam.com/NewAgeIslamArticleDetail.aspx?ArticleID=1232

Asghar Ali Engineer

The first casualty of transformation of khilafah into monarchy was battle of Karbala which is great tragedy of early history of Islam. It was greed for power on the part of Yazid, son of first Umayyad ruler Mu’awiyah that led to martyrdom of Imam Husain, the grandson of the Prophet (PBUH). Husain stood for Islam and Islamic values and Yazid for power. It was Umayyad greed for power which resulted in killing of members of Prophet’s family. [Asghar Ali Engineer]

=============================================

Yet for all these wars Tabari (the eminent historian) and others have used the term ‘jihad’ which no where comes near the sense in which Qur’an uses the term. [Asghar Ali Engineer]

============================================================

Dear Editor,

Asgher Sahab has relied upon "Duobtful History" to condemn Muawiyah and Yazeed but as per the same so-called Eminent Historian Tabari narrates that Muhammad Bin Abu Bakar [s/o Hazrat Abu Bakar Siddiq - May Allah be pleased with him and was adopted by Hazrat Ali May Allah be pleased with him] was amongst the Murderer of Hazrat Uthman [May Allah be pleased with] but I dont believe this narration because it is an indirect slander upon Hazrat Ali [May Allah be pleased with him] but since criteria by Mr Asghar Ali Engineer [Bohri Shia - A Sect of Mainstream Shia and followers of Zaid Bin Ali bin Zain Al Abidin bin Hussein bin Ali bin Abi Talib] is History through which he condemned Muawiyah and Yazeed and when Criteria is History then the Veracity of History is as under:

Quran cannot be tempered and Hadith can be verified through matching it with Quran and then Chains of Narrations. Regarding Biography of Mohammad [PBUH], how can one be so sure that LIFE SKETCH of Prophet Mohammad [PBUH] is not tempered because it's not Quran. Historian collect everything and one should be very careful when Historian discuss Prophets [PBUT], their Companions [May Allah be pleased with them]



Muhammad ibn Jarir al-Tabari: “I am writing this book as I hear from the narrators. If anything sounds absurd, I should not be blamed or held accountable. The responsibility of all errors or blunders rests squarely on the shoulders of those who have narrated these stories to me.” Tabari's Tareekhil Umam Wal Mulook (The History of Nations and Kings) popularly called "Mother of All Histories" is the first ever "History of Islam" written by 'Imam' Tabari (839-923 CE) at the junction of the third and fourth century AH. He died in 310 AH. [Preface of Tareekhil Umam Wal Mulook (The History of Nations and Kings) by Muhammad ibn Jarir al-Tabari.]

Ahmed Bin Hanbal says:Three kinds of books are absolutely unfounded, Maghazi, Malahem and Tafseer.” (The exalted Prophet's Battles, Dreams and Prophecies, and Expositions of the Qur’an). [Ahmed Bin Hanbal as quoted by ibn Rajab al-Hanbali in Dhayl Tabaqat al-Hanabila (Appendage to the Encyclopedia of Hanbali Scholars)]

Hafiz Ibn Kathir says: Had Ibn Jareer Tabari not recorded the strange reports, I would never have done so. [Tafseer Ibn Katheer (Commentary on Quran) and Al Bidaya Wal Nihaya (History - From Start to End)]

Ibn Khaldun says: The Muslim historians have made a mockery of history by filling it with fabrications and senseless lies. (Muqaddama Ibn Khaldun)

Shah Abdul Aziz Dehelvi says: Six pages of Ibn Khaldoon's History have been deliberately removed since the earliest times. These pages had questioned the most critical juncture of Islamic history i.e. the Emirate of Yazeed and the fiction of Karbala. [Even the modern editions admit in the side-notes that those pages have been mysteriously missing from the ancient original book. [Tohfa Ithna Ashri by Shah Abdul Aziz Dehelvi]

Shah Waliullah Dehelvi says: Imam Jalaluddin Sayyuti's Tarikh-ul-Khulafa is the prime example of how our Historians, Muhaddithin and Mufassirin, each has played like Haatib-il-Lail (One who collects firewood at night not knowing which piece is good and which one is bad). [Izalatul Khifa A'N Khilaafatil Khulafaa by Shah Waliullah]


Example is as under:

"QUOTE"

Muhammad ibn Ishaq ibn Yasar [Birth:85 AH 704 CE Death: 150-153 AH (767)]

The earliest is Ibn Ishaq's Sira, his biography of the Prophet. It is also the longest and the most widely quoted. Later historians draw, and in most cases depend on him. [Uyun al-athar, I, 7, Ibn Sayyid al-Nas (d. 734A.H.)

A contemporary of Ibn Ishaq, Imam Malik [d 179 AH], the jurist, denounces Ibn Ishaq outright as "a liar" and "an impostor" just for transmitting such stories. [`Uyun al-athar, I and ibid, I, 16].

It must be remembered that historians and authors of the Prophet's biography did not apply the strict rules of the "traditionists". They did not always provide a chain of authorities, each of whom had to be verified as trustworthy and as certain or likely to have transmitted his report directly from his informant, and so on. The attitude towards biographical details and towards the early events of Islam was far less meticulous than their attitude to the Prophet's traditions, or indeed to any material relevant to jurisprudence. The attitude of scholars and historians to Ibn lshaq's version of the stories has been either one of complacency, sometimes mingled with uncertainty, or at least in two important cases, one of condemnatlon and outright rejection.

The complacent attitude is one of accepting the biography of the Prophet and the stories of the campaigns at they were received by later generations without the meticulous care or the application of the critical criteria which collectors of traditions or jurists employed. It was not necessary to check the veracity of authorities when transmitting or recording parts of the story of the Prophet's life.[Ibn Sayyid al-Nas (op. cit., I, 121)]

It was not essential to provide a continuous chain of authorities or even to give authorities at all. That is obvious in Ibn Ishaq's Sira. On the other hand reliable authority and a continuous line of transmission were essential when law was the issue. That is why Malik the jurist had no regard for Ibn Ishaq. [Kadhdhab and Dajjal min al-dajajila - Liar and Liar amongst Liars]

His contemporary, the early traditionist and jurist Malik, called him unequivocally "a liar" and "an impostor"[Kadhdhab and Dajjal min al-dajajila - Liar and Liar amongst Liars] "who transmits his stories from the Jews".[`Uyun al-athar, I, 16-7 by Ibn Sayyid al-Nas].

In a later age Ibn Hajar Asqalani further explained the point of Malik's condemnation of Ibn Ishaq. Malik, he said,[Tahdhib al-Tahdhib, IX, 45. See also `Uyun al-athar, I, 16-7] condemned Ibn Ishaq because he made a point of seeking out descendants of the Jews of Medina in order to obtain from them accounts of the Prophet's campaigns as handed down by their forefathers. [ibid.]

Asghar Ali Engineer, Omar, Ali, Hussein and Yazid - 2


CENTRALITY OF JIHAD IN THE POST-QUR’ANIC PERIOD Asghar Ali Engineer

(Islam and Modern Age, March 09)

Husain stood for Islam and Islamic values and Yazid for power

URL: http://www.newageislam.com/NewAgeIslamArticleDetail.aspx?ArticleID=1232

Asghar Ali Engineer

The first casualty of transformation of khilafah into monarchy was battle of Karbala which is great tragedy of early history of Islam. It was greed for power on the part of Yazid, son of first Umayyad ruler Mu’awiyah that led to martyrdom of Imam Husain, the grandson of the Prophet (PBUH). Husain stood for Islam and Islamic values and Yazid for power. It was Umayyad greed for power which resulted in killing of members of Prophet’s family. [New Age Islam]

==========================================

The first casualty of transformation of khilafah into monarchy was battle of Karbala which is great tragedy of early history of Islam. It was greed for power on the part of Yazid, son of first Umayyad ruler Mu’awiyah that led to martyrdom of Imam Husain, the grandson of the Prophet (PBUH). Husain stood for Islam and Islamic values and Yazid for power. It was Umayyad greed for power which resulted in killing of members of Prophet’s family. [Asghar Ali Engineer]

=============================================

Yet for all these wars Tabari (the eminent historian) and others have used the term ‘jihad’ which no where comes near the sense in which Qur’an uses the term. [Asghar Ali Engineer]

============================================================

Dear Editor,

Asgher Sahab has relied upon "Duobtful History" to condemn Muawiyah and Yazeed but as per the same so-called Eminent Historian Tabari narrates that Muhammad Bin Abu Bakar [s/o Hazrat Abu Bakar Siddiq - May Allah be pleased with him and was adopted by Hazrat Ali May Allah be pleased with him] was amongst the Murderer of Hazrat Uthman [May Allah be pleased with] but I dont believe this narration because it is an indirect slander upon Hazrat Ali [May Allah be pleased with him] but since criteria by Mr Asghar Ali Engineer [Bohri Shia - A Sect of Mainstream Shia and followers of Zaid Bin Ali bin Zain Al Abidin bin Hussein bin Ali bin Abi Talib] is History through which he condemned Muawiyah and Yazeed and when Criteria is History then History also tells us:

Since History is quoted here to curse Yazid therefore I will also quote History!

Shia and Sunni Sources on Hasnain's acceptance of Muawiyah's Khilafa:

[Akhbar Al Tawal Al Denwary page 234, Tabari Page 62 Volume 6, Al Imama Wal Siyasa page 173, Maqtal Abi Mikhnaf page 4 published in Najaf]

Hazrat Muawiya [May Allah be pleased with him]'s Excellent Treatment with Hasan and Hussain [May Allah be pleased with both of them]:

Hussain used to go with Hasan to meet Muawiyah in Damascus and at one stance Muawiyah gifted 2 Million Dirham to both and at anothe ocassion he gifted Hazrat Hasan 4 Million Dirham [Al Bidaya Wal Nihaya by Ibn Kathir Page 150 and Page 127 Volume 8] This narration is confirmed by Ibn Abi Al Hadid (Mutazilli Shia) in his translation of Nehjul Balagha page 823 Volume 2] and this further confirmed by Extremist Shias like Abu Mikhnaf in his book Maqtal Abi Mikhnaf page 7].

Note: Maqtal Abi Mikhnaf is a book by Abu Mikhnaf specially written on Karbala Tragedy and from Tabari to present day Speakers of Shia Majlis, this book is quoted for narrating the Tragedy of Karbala.

"QUOTE"

Excerpts from DEFENCE AGAINST DISASTER by QADI ABU BAKR IBN AL-`ARABI Accurately Determining The Position Of The Companions After The Death Of The Prophet, May Allah Bless Him And Grant Him Peace AL-`AWASIM MIN AL-QAWASIM

The first to write to him from the shaykhs of the party, according to what their historian Lut b. Yahya related, were Salman b. Surad, al-Musayyib b. Najba, Rifâ b. Shaddad and Habib b. Muzahir. They sent their letter with `Abdullah b. Sabâ al-Hamdani, and `Abdullah b. Wali. They came to Husayn in Makka on the tenth of Ramadan, 60 A.H. After two days, Qays b. Mushir al-Saydawi, `Abdur-Rahman b. `Abdullah b. al-Kadn al-Arhaji and `Umara as-Saluli went to him with fifty-three pages. After another two days, Haniâ b. Haniâ as-Subayâi and Sa`id b. `Abdullah al-Hanafi hurried to him. (at-Tabari, 6:197 has the texts of some of their letters and the names of some of its people). This continued until they would not meet with their Amir, an-Nu`man b. Bashir on Friday. They called al-Husayn to them. Then when he came, they would expel their Amir and hold him in Syria. They said to one of them, "So the fruits will grow. If you so wish, you will find a large army for you." Al-Husayn sent them his nephew Muslim b. `Uqayl to see if they would be loyal and gather so that he could come to them later. Muslim b. `Uqayl got lost on the way and those with him died of thirst. He wrote to al-Husayn asking him to relieve him of this task. He answered him, "I fear that only cowardice has led you to ask to be excused." Muslim continued until he reached Kufa and twelve thousand of them offered homage to him.

The Amir of Kufa, an-Nu`man b. Bashir, became aware of their movements. He spoke to them and forbade sedition and division. He told them, "I only fight the one who fights me. I will not punish by supposition or suspicion. If you show me your page and you break your pledge of homage, then I will strike you with my sword as long as it is firm in my hand." Yazid knew that an-Nu`man b. Bashir was a forbearing man of piety not suited to opposing a movement like this. He therefore wrote to `Ubaydullah b. Ziyad, his governor over Basra ordering him to take charge of Kufa as well. He commanded him to go to Kufa and to seek out Ibn `Uqayl as the pearl is sought until it is found. Then he should bind him and kill or exile him. `Ubaydullah appointed his brother over Basra and went to Kufa. He met its leaders and took hold of the crisis. It was not long before Muslim b. `Uqayl saw that the opinion of the twelve thousand who had given him allegiance was as thin as air. He found himself alone and cast out. Then he was taken and executed.

Al-Husayn had received the letters of Muslim b. `Uqayl before that, saying that twelve thousand had offered homage to him until death. At the end of the Hajj `Id, he left for Kufa. Ibn az-Zubayr was the only one to encourage him to go out because he knew that the people of the Hijaz would not give him homage as long as al-Husayn was with them. Al-Husayn was the heaviest of people for Ibn az-Zubayr, (At-Tabari, 6:196-197 and look at 6:216-217) and his nephew `Abdullah b. Ja`far b. Abi Talib (2:219). `Abdullah b. Ja`far asked the governor of Yazid over Makka, `Amr b. Sa`id b. al-`As, to write a letter of safe-conduct for al-Husayn to give him hopes of kindness and connection and to ask him to come back. The Governor of Makka granted all that he sought. He told him, "Write whatever you wish and I will seal the letter." He wrote to him and the governor sealed it. He sent it to al-Husayn with his brother Yahya b. Sa`id b. `Is. `Abdullah b. Ja`far went with Yahya. They tried to dissuade al-Husayn from travelling. He refused. (The Governor's letter is in The History of at-Tabari, 6:219-220). No one was above these counsellors in their intellect, knowledge, position and sincerity. `Abdullah b. Muti`, the agent of Ibn az-Zubayr, was one of his advisers who had intellect and sincerity (at-Tabari, 6:196). `Umar b. `Abdur-Rahman b. al-Harith b. Hishan al-Makhzumi held this opinion (at-Tabari, 6125-126), and al-Harith b. Khalid b. al-`As b. Hisham did not neglect to give him counsel (6:216). Even al-Farazdaq the poet told him, "The hearts of the people are with you, but their swords are with the Banu Umayya." (at-Tabari, 6:218). None of this effort turned al-Husayn from this journey which was ill-omened for him, for Islam, and for the Islamic community until this very day and will be until the Last Day.

All of this was due to the crime of his party who encouraged him to rashness, delusion and desire for civil strife, division and evil. Then they disappointed him through their cowardice, baseness, treachery and perfidy. Their heirs were not content with what their ancestors did. They devoted themselves to clouding history and changing the truth and to reversing things. and he sent Muslim b. `Uqayl, his nephew, to them to take allegiance from them and to investigate his followers. Ibn `Abbas forbade him and told him that they had disappointed his father and his brother. Ibn az-Zubayr indicated to him that he should go out, so he went out. When he reached Kufa, Muslim b. `Uqayl had been slain and all of those who had invited him surrendered him. It is enough for you in this to have the warning of the one who is warned.

He persisted and continued out of anger for the deen and to establish the truth. But he, may Allah be pleased with him, did not accept the good advice of the man with the most knowledge among the people of his time. That was Ibn `Abbas. He turned away from the opinion of the shaykh of the Companions, Ibn `Umar.

Well-being lay in what he preferred and his encouraging the unity of the muslims and their devotion to the spread of the call and conquest. He sought the beginning in the end and the straight in the crooked and the greenness of youth in the white hair of old age. His power was not like that nor did he have any helpers who guarded his right or who expended themselves for him. We wanted to purify the earth of the wine of Yazid,

By the claim of those who provoked the sedition who testified to something which they did not know. so we shed the blood of al-Husayn. A calamity came to us which the happiness of time cannot heal. No one came out to him except by using interpretation. They all fought him with what they had heard from his grandfather, the master of the messengers who mentioned the corruption of the situation and warned about getting involved in seditions. He said a lot about that. They included his words, may Allah bless him and grant him peace,

From the hadith of `Arfaja in The Book of the Amirate in the Sahih of Muslim: The chapter of The Judgments of the One who Divides the Muslims when they are United (book 33, hadith 59, pt. 6, p. 22). "There will be defects and flaws. Whoever wants to divide the business of this community when it is united should be struck with the sword, whoever he is." People only presented this and things like it. Even if their leader and the son of their noble al-Husayn expanded his house, his estate or his camels, and even if people came to him to establish the truth and they included Ibn `Abbas, and Ibn `Umar, one should not turn to them. He should remember what the Prophet, may Allah bless him and grant him peace, warned about and what he said about his brother.

i.e "this son of mine is a master. Perhaps Allah will use him to make peace between two large groups of muslims." He saw that it had left his brother while the armies of the land and the great men were seeking him out. How then could it return to him by the dregs of Kufa while the great companions forbade him and held aloof from him? I do not think that this is anything other than submission to the decree of Allah and sorrow for the grandson of the Messenger of Allah, may Allah bless him and grant him peace, for all time. If it had not been for the fact that the shaykhs and notables of the community recognised that it was a matter which Allah had taken away from the people of the House and a state of civil strife which no one should become involved in, they would never have surrendered it.

Ahmad b. Hanbal, in spite of his asceticism and his immense position in the deen and his scrupulousness, still included Yazid b. Mu`awiya in The Book of Zuhd and mentioned what he used to say in his khutba, "When one of you falls ill, is treated and recovers, he should look to the best action he has and cling to it. He should look to the worst thing he has done and leave it." This indicates his immense position with Ibn Hanbal since he included him among the men of Zuhd of the Companions and the Tabi`un whose words were followed and those who are not warned. Indeed, he included him in the group of companions before he proceeded to mention the Tabi`un. Where is this in relation to what the historians say about him and wine and types of corruption? Are they not ashamed? When Allah strips them of virtue and modesty, why do you not desist and hold back when they follow the rabbis and monks rather than the men of excellence of the community? You should reject the heretics and impudent men who are affiliated with the community. "This is a clarification for people and guidance and warning for the fearfully aware." Praise be to Allah, the Lord of the Worlds."

"UNQUOTE"

Hazrat Ali [May Allah be pleased with him] had indeed named his sons after Sheikhain i.e. Hazrat Abu Bakar, Hazrat Omar and Hazrat Usman [May Allah be pleased with all of them]. As per Authentic Shia Sources Prophet Mohammad [PBUH] did have biological daugthers [May Allah be pleased with them] besides Hazrat Fatimah [May Allah be pleased with her] and these daugthers were married later to Hazrat Usman [May Allah be pleased with him]. Not only that Authentic Shia Sources also accept that Hazrat Ali's Daughter Syeda Kulsoom [May Allah have mercy on his soul] was married to Hazrat Omar [May Allah be pleased with him]. Read the details below:

1 - Hazrat Ali's Family.

2 - Hazrat Ali Relationship with Hazrat Omar.

3 - Hazrat Usman's Relation with Prophet Mohammad [PBUH] and Hazrat Ali [Shia Sources]

4 - Aal-e-Ali's relationship with Bannu Ummayya and Aal Marwan [After the Tragedy of Karbala]

Now Read........ ........

Wives and Children of Hazrat Ali [May Allah be pleased with him:

1 - Hazrat Fatimah Bint Mohammad [May Allah be pleased with her]:

Hassan, Hussain, Zainab ul Kubra and Umme Kulthum [she became wife of Hazrat Omar (May Allah be pleased with him and all those who were mentioned earlier.

2 - Umm-ul-Bunian Bint Haram Bin Kalabia [she was related with Shimar Bin Zil Joshan (the alleged Criminal of Karabala){Ref: Jumhartul Ansab by Ibn Hazm}] who was the daughter of Hazam b. Khalid. Hadrat Ali had five sons from her, namely: Abdullah, Jafar, Abbas, Othman, and Umar. All of them were martyred in the battle of Karbala along with Hadhrat Hussain [May Allah be pleased with him].

3 - Laila Bin Masood Bint Khalid Nehshaliya Tameema who was the daughter of Masud. She was the mother of two sons, namely Ubaidullah and Abu Bakr. Both of them were martyred in Karbala.

4 - Asma who was the daughter of Umais. She was in the first instance married to Hadrat Jafar, an elder brother of Hadrat Ali. On the death of Hadrat Jafar, Hadrat Abu Bakr married her. After the death of Hadrat Abu Bakr she married Hadrat Ali. She had to sons from Hadrat Ali, namely: Yahya and Muhammad Al Asghar who martyred in Karbala.

5 - Umama [her mother Zainab was the daughter of Prophet Mohammad - PBUH]d/o of Abi Al Aa's. Her son from Hadrat Ali bore the name of Muhammad Awsat.

6 - Khaula Bint Jafariya was the daughter of Jafar Hanfiyah. She was the mother of the son known as Muhammad b. Hanfiyah aka Mohammad Al Akbar.

7 - Sehba Bint Rabia Taghlibiya who was the daughter of Rabiah. She gave birth to a son Umar, in the daughter Ruqiya.

8 - Umm Saeed Bint Urwa Bin Masood Thaqeefa who was a daughter of Urwa. She bore Hadrat Ali three daughters, namely: Umm-ul-Hasan, Ramlatul Kubra and Rumia.

9 - Mukhbita Bint Amral Qais Bin Adi Al Kalbiya Muhyat was a daughter of the famous Arab poet Imra-ul-Qais. She gave birth to a daughter who expired in infancy.

Hadrat Ali married nine wives in all including Hadrat Fatima. The number of wives at a time however did not exceed four. He had a few slave girls of whom Humia and Umm Shuaib bore him 12 daughters, Nafisa, Zainab, Ruqiya, Umm-ul-Karaam, Humaira, Umm Salma, Sughra, Khadija, Umm Hani, Umm Kulthum Jamana and Maimuna. Hadrat Ali was, in all, the father of 15 sons and 18 daughters. [total = 33 children]

Those who were martyred at Karbala are as under:

Hazrat Ali [May Allah be pleased with him] son's:

Jafar, Abdullah and Usman [sons of Ummul Banin Bin Hazam], Mohammad [son of Ummul Wald], Abu Bakar [son of Laila Bin Masood Armiya], Abbas.

Sons of Hazrat Hussain Ibn Ali [May Allah be pleased with him]:

Ali [Laila Bint Marra bin Arwa Thaqafi (Saqaf: tribe of Shia Hero Mukhtar and Sunni Nasibi Hajjaj Bin Yousuf), Abdullah (son of Rubab Bin Umral Qais Kalbi)

Sons of Hazrat Hasan bin Ali [May Allah be pleased with him]:

Abu Bakar and Qasim.

Sons of Abdullah Bin Jafar Bin Abi Talib:

Aun and Mohammad.

Aqeel Bin Abi Talib:

Jafar, Abdul Rahman, and Abdullah

Sources: [Al Milal Wan Nahal by Ibn Hazm, Jumharatul Ansab by Ibn Hazm, History by Ibn-e-Khaldun and Ansab Aal-e-Abi Talib]

Hazrat Hussain Ibn Ali [May Allah be pleased with him]'s real cousin and Brother In Law Hazrat Abdullah bin Jafar Tayyar Bin Abi Talib [May Allah have mercy on his soul]'s second daughter Syeda Umme Mohammad [May Allah have mercy on her soul] was the wife of Hazrat Ameer Yazeed Bin Muawiyah [May Allah have mercy on his soul]

Source:

{Kitab Nasbul Quraish and Jumharatul Ansab by Ibn Hazm]

1 - Syeda Umme Kulsoom bint Ali Bin Abi Talib [May Allah have mercy on her soul] was the wife of Hazrat Omar [May Allah be pleased with him]

Sources:

{Khulaini reports through Muawiyah Bin Ammar, Abu Jafer Tusi in Tehzeeb Al Ahkam, Tusi reports through Hazrat Baqar, Al Kafi has whole chapter on this marriage "Bab Fi Tarweej Umme Kulsoom", Faroogh Kafi, Ibnen Shehr Ashob Mazandarani, Zainuddin Amili, Manaqib-e-Aal- e-Abi Talib}

Relationship of Hazrat Ali Ibn Talib [May Allah be pleased with him] with Banu Ummayya [Ummayyads] and that relationship through marriages after the Incidents of Siffin and Karbala.

1- Three daughters of Hazrat Ali Ibn Talib [May Allah be pleased with him] were married to Muawiyah bin Marwan, Abdulmalik Bin Marwan, and Amir Kuraiz Ummavi respectively. [Jumharatul Ansab by Ibn Hazm and Al Bidaya Wal Nihaya by Ibn Kathir]

2- Hazrat Ali [May Allah be pleased with him]'s son Hazrat Hasan [May Allah be pleased with him]'s grand-daughters married in Banu Ummayya:

3 - Syeda Nafeesa Bint Zaid Bin Hassan w/o Alwalid Bin Abdul Malik Bin Marwan [Shia Source Umdatul Talib Fi Ansab Aal Abi Talib published in India]

4- Zainab Bint Hassan Masanna w/o Alwalid Bin Abdul Malik Bin Marwan [Jumharatul Ansab by Ibn Hazm]

5 - Umme Qasim Bint Hassan Masanna w/o Marwan bin Aban [Grandson of Hazrat Usman (May Allah be pleased with him)] and after he died she married to Ali Bin Hussain aka Zainul Abideen [Jumharatul Ansab by Ibn Hazm]

6 - Hammada Bint Hassan Massanna w/o Ismail Bin Abdul Malik Bin Abdul Haris Bin Al Hakam [nephew of Marwan Bin Al Hakam (May Allah be pleased with him)] [Jumharatul Ansab by Ibn Hazm]

7- Khadija Bint Hussain Bin Hassan Bin Ali w/o Ismail Bin Abdul Malik Bin Abdul Haris Bin Al Hakam (that was before the marriage of Hammada with him) [Jumharatul Ansab by Ibn Hazm]

8- Most of the daughters [Non Fatimid] of Hazrat Ali [May Allah be pleased with him] married in Banu Jafar, Banu Aqeel, Banu Abbas and Banu Marwan [Jumharatul Ansab by Ibn Hazm]

9 - Syeda Sakina d/o Hazrat Hussain Ibn Ali [May Allah be pleased with him] after the death of Muasab Bin Zubair, married Marwan Bin Al Hakam's grandson Al Asbagh Bin Abdul Aziz Bin Marwan, his econd wife was Umme Yazeed d/o Yazid Bin Muawiyah [Jumharatul Ansab by Ibn Hazm, Al Muarif Ibn Qutaiba, Kitab Nasbul Quraish]

10 - Rabia bint Syeda Sakin Bint Hazrat Hussain Ibn Ali [May Allah be pleased with him] w/o Abbas Bin Al Walid Bin Abdul Malik Bin Marwan [Kitab Nasb Quraish]

Hazrat Uthman Ibn Affan [May Allah be pleased with him] by being son-in-law of Mohammad [PBUH] was also amongst The Ahl Al-Bayt.

As per Shia Books:

A Rafizi Abul Qasim Ali Bin Ahmed Bin Musa [Death: 352 Hijri] in his book Al Istighasa Fi Bidah-es-Salasa had denied that Ruqqaya [May Allah be pleased with her], Umme Kulthum [May Allah be pleased with her], and Zainab [May Allah be pleased with her] were also the daugthers of Prophet Mohammad [PBUH] besides Hazrat Fatimah [May Allah be pleased with her] from Hazrat Khadija [May Allah be pleased with her] whereas Ruqqayya, Zainab and Umme Kulthum were the daughters of Mohammad [PBUH] from Khadija and all three were borne before the Prophethood [Bu'saat]. Abul Qasim above meant to say that these three daughters were borne to Khadija from her earlier husband. Abul Qasim's claims are rejected by books like Nasb Al Quraish, Kashf Al Ghamma Fi Maarifatul Aimma, Umdatut Talib Fi Ansab Aal Abi Talib.

The claim of the above Rafizi was thoroughly rejected by a noted Shia Scholar Abdullah Mamqani in his book Tanqeeh ul Maqal Fi Ahwal Ir Rijal and declared that Prophet Mohammad [PBUH] had four daughters [May Allah be pleased with all of them]. Rafizi Abul Qasim was declared apostate by several noted Shia Scholars like Sheikh Abbas Al Qumi in his Tatamma Al Muntaha, and by another Shia Scholar Allama Aaqa Meer in his Naqd ur Rijal and by another Giant Shia Scholar Mohammad Bin Yaquob Al Kulaini in his Usool ul Kafi's Chapter Bab-e-Tareekh also accepted that Prophet Mohammad [PBUH] has four daughters from Khadija [May All be pleased with her].

Following Shia Books accpeted that Prophet Mohammad [PBUH] had four daughters from Khadjia [[May All be pleased with her].

1- Kitaabul Khisal by Sheikh Sadooq.

2- Tazkaratul Masoomeen.

3- Tuhfatul Awam.

4- Manaqib Ibn-e-Sheher Ashoob.

5- Hayatul Quloob.

6- Jilaul Uyoon.

7- Tehzeeb Al Ahkam.

8- Al Istabsar Mara'atul Uqool.

9- Firoo Kafi.

10- Saafi Sharah Kafi.

11- Kashful Ghama.

12- Qarbul Asnad.

13- Majalisul Momineen.

14- Ailaam ul Wari.

15- Anwaar-e-Naimania.

16- Rijal-e-Kashi.

17- Amali Sheikh Toosi.

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Maliki scholar Qadhi Abu Bakr ibn al Arabi in AL-`AWASIM MIN AL-QAWASIM [DEFENCE AGAINST DISASTER] says

He was killed by the sword of his Grandfather's . Yet, ibn al-Arabi did say something very similar. See the text below taken from al-Awasim min al-Qawasim, (pg 231-236, Maktaba al-Asriyyah, Beirut, 2004).

Hanafi School of thought on Khurooj:

Hazrat Hussain Ibn-e-Ali [May Allah be pleased with him] going against Ameer Yazid [May Allah have mercy on his soul] and the Sunni view on Yazid:

O ye who believe! Obey Allah, and obey the messenger and those of you who are in authority; and if ye have a dispute concerning any matter, refer it to Allah and the messenger if ye are (in truth) believers in Allah and the Last Day. That is better and more seemly in the end.[AN-NISA (WOMEN) Chapter 4 Verse 59]

2) Sayyiduna Abu Huraira (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: Whoever obeys me, obeys Allah, and whoever disobeys me, disobeys Allah. And whoever obeys my ruler (amir), obeys me, and whoever disobeys my ruler, disobeys me (Sahih al-Bukhari, no. 6718 & Sahih Muslim, no. 1835).

3) Sayyiduna Anas ibn Malik (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: Listen to and obey your ruler, even if he is an Abyssinian slave whose head looks like a raisin (Sahih al-Bukhari, no. 6723 & Sahih Muslim).

4) Sayyiduna Ibn Abbas (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: Whoever sees his ruler doing something he disapproves of, he should be patient, for no one separates from the (Muslim) group even for a span and then dies, except that he will die a death of (pre-Islamic) ignorance. (Sahih al-Bukhari, no. 6724 & Sahih Muslim, no. 1849).

5) Sayyiduna Abd Allah (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him & give him peace) said: “A Muslim must listen to and obey (the order of his ruler) in things that he likes or dislikes, as long as he is not ordered to commit a sin. If he is ordered to disobey Allah, then there is no listening and no obedience. (Sahih al-Bukhari, no. 6725 & Sahih Muslim, no. 1839).

The above evidences are clear in establishing the fact that one must obey the ruler even if he is corrupt or a sinner (fasiq). The reason for this, in the words of Allama al-Ghunaymi, is that, there have been many corrupt rulers in Islamic history and never did the predecessors (salaf) rebel against them, rather they used to submit to their rule and establish Jumuâah and Eid prayers with their permission. Also, piety is not a pre-requisite for leadership. (Sharh al-Ghunaymi, p. 110).

Other scholars emphasize that uprising against corrupt leadership results in more tribulation and destruction then the initial oppression of the ruler. With forbearance and tolerance, one's sins will be forgiven. And in reality, the corrupt ruler is imposed by Allah due to our own wrongdoings, thus it becomes necessary that we repent and seek Allah's forgiveness coupled with good actions, as Allah Most High says: Whatever misfortune happens to you, is because of the things your hands have wrought (42:30).. And He says: Thus do we make the wrongdoers turn to each other, because of what they earn (6:129). Therefore, if a nation wants to free themselves from the oppression of their leader, they must refrain themselves from oppressing others.

Imam al-Tahawi (Allah have mercy on him) states in his famous al-Aqida al-Tahawiyya:

We do not recognize uprising against our Imam or those in charge of our affairs even if they are unjust, nor do we wish evil on them, nor do we withdraw from following them. We hold that obedience to them is part of obedience to Allah, The Glorified, and is therefore obligatory as long as they do not order us to commit sins. We pray for their guidance and their wrongdoings to be pardoned . (al-Aqida al-Tahawiyya with the Sharh of al-Ghunaymi, P. 110-111).

363. Well-being lay in what he preferred and his encouraging the unity of the muslims and their devotion to the spread of the call and conquest. He sought the beginning in the end and the straight in the crooked and the greenness of youth in the white hair of old age. His power was not like that nor did he have any helpers who guarded his right or who expended themselves for him. We wanted to purify the earth of the wine of Yazid,

364. By the claim of those who provoked the sedition who testified to something which they did not know. so we shed the blood of al-Husayn. A calamity came to us which the happiness of time cannot heal. No one came out to him except by using interpretation. They all fought him with what they had heard from his grandfather, the master of the messengers who mentioned the corruption of the situation and warned about getting involved in seditions. He said a lot about that. They included his words, may Allah bless him and grant him peace,

365. From the hadith of `Arfaja in The Book of the Amirate in the Sahih of Muslim: The chapter of The Judgments of the One who Divides the Muslims when they are United (book 33, hadith 59, pt. 6, p. 22). "There will be defects and flaws. Whoever wants to divide the business of this community when it is united should be struck with the sword, whoever he is." People only presented this and things like it. Even if their leader and the son of their noble al-Husayn expanded his house, his estate or his camels, and even if people came to him to establish the truth and they included Ibn `Abbas, and Ibn `Umar, one should not turn to them. He should remember what the Prophet, may Allah bless him and grant him peace, warned about and what he said about his brother.

366. i.e "this son of mine is a master. Perhaps Allah will use him to make peace between two large groups of muslims." He saw that it had left his brother while the armies of the land and the great men were seeking him out. How then could it return to him by the dregs of Kufa while the great companions forbade him and held aloof from him? I do not think that this is anything other than submission to the decree of Allah and sorrow for the grandson of the Messenger of Allah, may Allah bless him and grant him peace, for all time. If it had not been for the fact that the shaykhs and notables of the community recognised that it was a matter which Allah had taken away from the people of the House and a state of civil strife which no one should become involved in, they would never have surrendered it.

Ahmad b. Hanbal, in spite of his asceticism and his immense position in the deen and his scrupulousness, still included Yazid b. Mu`awiya in The Book of Zuhd and mentioned what he used to say in his khutba, "When one of you falls ill, is treated and recovers, he should look to the best action he has and cling to it. He should look to the worst thing he has done and leave it." This indicates his immense position with Ibn Hanbal since he included him among the men of Zuhd of the Companions and the Tabi`un whose words were followed and those who are not warned. Indeed, he included him in the group of companions before he proceeded to mention the Tabi`un. Where is this in relation to what the historians say about him and wine and types of corruption? Are they not ashamed? When Allah strips them of virtue and modesty, why do you not desist and hold back when they follow the rabbis and monks rather than the men of excellence of the community? You should reject the heretics and impudent men who are affiliated with the community. "This is a clarification for people and guidance and warning for the fearfully aware." Praise be to Allah, the Lord of the Worlds."

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