February 10 The Offence of Zina (Enforcement of Hudood) Ordinance 1979, (or, simply, the Hudood Ordinance), has been promulgated and a system of "Islamic" punishments is introduced. The punishment for adultery by a married person is stoning to death, while 100 lashes will be awarded to an unmarried person accused of the crime. Those making false allegations regarding adultery will be awarded 80 lashes and disqualified from giving testimony in future. Minors may also be convicted for committing adultery or rape under this ordinance, and punished with imprisonment and lashes. The punishment for drinking is 80 lashes; for the theft of imperishable property equal to 4,457 grams of gold or more, one hand is to be amputated. All these punishments are to be carried out in public. Incidents of rape have increased following the promulgation of the Hudood Ordinance, apparently because the law does not distinguish between rape and adultery. Moreover, proof of rape requires the evidence of "four adult, pious and religious male Muslims." It being quite unlikely for such people to always be present at the scene of the crime, several victims have already been charged with adultery, their complain of rape being taken as a "confession to have had sexual intercourse." The law does not even exempt minor girls from punishment, and some children convicted for adultery are reported to be as young as nine. Apr 3 Mian Tufail Mohammed, Amir Jamaat-e-Islami, assures General Zia that Bhutto's execution will not lead to law and order crisis. REFERENCE: 1979 The Chronicle of Pakistan Compiled by Khurram Ali Shafique http://pakistanspace.tripod.com/chronicle/1979.htm
Insaf do - 24th june 2011 - p1
A woman should not report Rape if she has not 4 witnesses – says Munawar Hassan, Ameer Jamaat-e-Islami - Munawar Hassan, Ameer Jamaat-e-Islami says, a women who is raped should not tell anyone. The language of the interview is urdu (Hindi). http://iaoj.wordpress.com/2011/06/25/a-woman-should-not-report-rape-if-she-has-not-4-witnesses-says-munawar-hassan-ameer-jamaat-e-islami/
Insaf do - 24th june 2011 - p2
Offence of Zina (Enforcement of Hudood) Ordinance 1979, more commonly known as the Hudood Ordinance, was promulgated on February 10, 1979, by General Zia-ul-Haque, who was the Chief Martial Law Administrator and the President of Pakistan at that time. It was generally seen as a part of his efforts to 'Islamize' the country, but it had serious implications on the status of women and non-Muslims.
Offence of Zina (Hudood) Ordinance, 1979
Section 1: Short title, extent and commencement
(1) This Ordinance may be called the Offence of Zina (Enforcement of Hudood) Ordinance. 1979.
(2) It extends to the whole of Pakistan.
(3) It shall come into force on the twelfth day of Rabi-ul-Awwal, 1399 Hijri, that is, the tenth day of February 1979.
Section 2: Definitions
In this Ordinance, unless there is anything repugnant in the subject or context,
(a) 'adult' means a person who has attained, being a male, the age of eighteen years or, being a female, the age of sixteen years, or has attained puberty;
(b) 'Hadd' means punishment ordained by the HolyQur'an or Sunnah;
(c) 'Marriage' means marriage which is not void according to the personal law of the panics, and 'married' shall be construed accordingly;
(d) 'Muhsan' means (i) a Muslim adult man who is not insane and has had sexual intercourse with a Muslim adult woman who, at the time he had sexual intercourse with her, was married to him and was not insane; or (ii) a Muslim adult woman who is not insane and has had sexual intercourse with a Muslim adult man who, at the time she had sexual intercourse with him, was married to her and was not insane; and
(e) 'Tazir' means any punishment other than hadd, and all other terms and expressions not defined in this Ordinance shall have the same meaning as in the Pakistan Penal Code (Act XI of 1860), or the Code of Criminal Procedure, 1898 (Act V of 1898).
Section 3: Ordinance to override other laws
The provisions of this Ordinance shall have effect notwithstanding anything contained in any other law for the time being in force.
Section 4: Zina
A man and a woman are said to commit 'zina' if they willfully have sexual intercourse without being validly married to each other.
Section 5: Zina Liable to Hadd
(1) Zina is liable to hadd if:
(a) it is committed by a man who is an adult and is not insane with a woman to whom he is not, and does not suspect himself to be, married; or
(b) it is committed by a woman who is an adult and is not insane with a man to whom she is not, and does not suspect herself to be, married.
(2) Whoever is guilty of zina liable to hadd shall, subject to the provisions of this Ordinance:
(a) if he or she is a muhsan be stoned to death at a public place; or
(b) if he or she is not a muhsan be punished, at a public place, with whipping numbering 100 stripes.
(3) No punishment under subsection (2) shall be executed until it has been confirmed by the Court to which an appeal from the order of conviction lies; if the punishment be of whipping, until it is confirmed and executed the convict shall be dealt with in the same manner as if sentenced to simple imprisonment.
When the offender is (adult) the offender muhsan be stoned to death at a public place. (Sub-Section 2(a).)
When the offender is not a muhsan (adult) the offender at the public place be punished with whipping numbering 100 stripes (Sub-section .2(b)) (See. S.17).
Section 6: Zina-bil-Jabr
(1) A person is said to commit zina-bil-Jabr if he or she has sexual intercourse with a woman or man, as the case may be, to whom he or she is not validly married, in any of the following circumstances, namely:
(a) against the will of the victim;
(b) without the consent of victim;
(c) with the consent of the victim, when the consent has been obtained by putting the victim in fear of death or of hurt; or
(d) with the consent of the victim, when the offender knows that the offender is not validly married to the victim and that the consent is given because the victim believes that the offender is another person to whom the victim is or believes herself or himself to be validly married.
(2) Zina-bil-Jabr is liable to hadd if it is committed in the circumstances specified in sub-section (1) of Section 5.
(3) Whoever is guilty of zina-bil-Jabr liable to hadd shall, subject to the provisions of this Ordinance:
(a) if he or she is a muhsan be stoned to death at a public place; or
(b) if he or she is not a muhsan be punished with whipping numbering one hundred stripes, at a public place, and with such other punishment, including the sentence of death, as the Court may deem fit having regard to the circumstances of the case.
(4) No punishment under sub-section (3) shall be executed until it has been confirmed by the Court to which an appeal from the order of conviction lies; and if the punishment be of whipping, until it is confirmed and executed, the convict shall be dealt with in the same manner as if sentenced to simple imprisonment.
Section 7: Punishment for zina or zina-bil-jabr where convict is not an adult
A person guilty of zina or zina-bil-jabr shall, if he is not an adult, be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both, and may also be awarded the punishment of whipping not exceeding 30 stripes; provided that, in the case of zina-bil-jabr, if the offender is not under the age of fifteen years the punishment of whipping shall be awarded with or without any other punishment.
Evidence: Prove (1) That the accused who has committed the offence of zina or zina-bil-jabr is not an adult and the offence is not liable to hadd and does not fall under the category of zina or zina-bil-jabr liable to tazir. (2) That the complainant has not been punished for making false accusation (qazf). (3) That hadd may not be enforced on accused under the provisions of the
Procedure: Cognizable - Warrant - Not-bailable - Not compoundable Triable by
court of Sessions.
Section 8: Proof of Zina or Zina-Bil-Jabr liable to Hadd
Proof of zina or zina-bil-jabr liable to hadd shall be in one of the following forms, namely:
(a) the accused makes before a Court of competent jurisdiction a confession of the commission of the offence; or
(b) at least four Muslim adult male witnesses about whom the Court is satisfied having regard to the requirements of tazkiyyah alsahud that they are truthful persons and abstain from major sins (kabair), give evidence as eye-witnesses of the act of penetration necessary to the offence; provided that, if the accused is a non-Muslim the eye-witnesses may be non-Muslims.
Section 9: Cases in which Hadd shall not be enforced
(1) In a case in which the offence of zina or zina-bil-jabr is proved only by the confession of the convict, hadd, or such part of it as is yet to be enforced shall be enforced if the convict retracts his confession before the hadd, or such part is enforced.
(2) In a case in which the offence of zina or zina-bil-jabr is proved only by testimony, hadd or such part of it as is yet to be enforced shall not be enforced if any witness resiles from his testimony before hadd or such part is enforced, so as to reduce the number of eye-witnesses to less than four.
(3) In the case mentioned in sub-section (l) the Court may order retrial.
(4) In the case mentioned in sub-section (2), the Court may award tazir on the basis of the evidence on record.
Section 10: Zina or Zina-Bil-Jabr:
(1) Subject to the provisions of Section 7, whoever commits zina or zina-bil-jabr which is not liable to hadd, or for which proof in either of the forms mentioned in Section 8 is not available and the punishment of qazf liable to hadd has not been awarded to the complaint, or for which hadd may not be enforced under this Ordinance, shall be liable to tazir.
(2) Whoever commits zina liable to tazir shall be punished with rigorous imprisonment for a term which may extend to ten years and with whipping numbering 36 stripes, and shall also be liable to fine.
(3) Whoever commits zina-bil-jabr liable to tazir shall be punished with imprisonment for a term which shall not be less than four years nor more than twenty five years and, if the punishment be one of imprisonment, shall also be awarded the punishment of whipping numbering thirty stripes.
Section 11: Kidnapping, abducting or inducing woman to compel for marriage, etc:
Whoever kidnaps or abducts any woman with intent that she maybe compelled, or knowing it be likely that she may be compelled, or knowing it be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine; and whoever by means of criminal intimidation as defined in the Pakistan Penal Code (Act XLV of 1860) or of abuse of authority or any other method of compulsion induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.
Section 12: Kidnapping or abducting in order to subject to unnatural lust
Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with death or rigorous imprisonment for a term which may extend to twenty five years, and shall also be liable to fine, and, if the punishment be one of imprisonment, shall be awarded the punishment of whipping not exceeding thirty stripes.
Section 13: Selling person for purposes of prostitution, etc.
Whoever sells, lets to hire, or otherwise disposes of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine.
Explanation: (a) When a female is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female, shall, until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution, (b) For the purposes of this section and Section 18, 'illicit intercourse' means sexual intercourse between persons not united by marriage.
Section 14: Buying person for purposes of prostitution, etc
Whoever buys, hires or otherwise obtains possession of any person "with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment for life and with whipping not exceeding 30 stripes, and shall also be liable to fine.
Section 15: Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
Every man who by deceit causes any women who is not lawfully married to him to believe that she is lawfully married to him and to cohabit with him in that belief, shall be punished with rigorous imprisonment for a term which may extend to 25 years and with whipping not exceeding 30 stripes, and shall also be liable to fine.
Section 16: Enticing or taking away or detaining with criminal intent a woman
Whoever takes or entices away any woman with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any woman, shall be punished with imprisonment of either description for a term which may extend to seven years and with whipping not exceeding thirty stripes, and shall also be liable to fine.
Section 17: Mode of execution of punishment of stoning to death
The punishment of stoning to death awarded under Section 5 or Section 6 shall be executed in the following manner namely:
Such of the witnesses who deposed against the convict as may be available shall start stoning him and, while stoning is being carried on, he may be shot dead, whereupon stoning and shooting shall be stopped.
Section 18: Punishment for attempting to commit an offence
Whoever attempts to commit an offence punishable under this Ordinance with imprisonment or whipping, or to cause such an offence to be committed and in such attempt does any act towards the commission of the offence, shall be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence, or with whipping not exceeding thirty stripes, or with such fine as is provided for the offence, or with any two of, or all the punishments.
Evidence: Prove (1) that the accused attempted to commit some offence punishable with imprisonment under this Ordinance or that he attempted to cause such offence to be committed. (2) That in such attempt he did some act towards the commission of that offence.
The court shall be satisfied that the offender had in his mind the design to commit a certain offence, and that he had begun to move towards an execution of its purpose; there must also be proof of some act not of an ambiguous kind but directly approximating to the commission of the offence. When the offender's design is made manifest by any such act, it becomes an attempt cognizable as an offence, and punishable under this section.
Section 19: Application of Certain Provisions of Pakistan Penal Code (Act XLV of 1860) and Amendment
Unless otherwise expressly provided in this Ordinance, the provisions of Sees. 34 to 38 of Chapter II, Sees. 63 to 72 of Chapter III and Chapters V and V-A of the Pakistan Penal Code (Act XLV of 1860), shall apply mutatis mutandis, in respect of offences under this Ordinance.
(2) Whoever is guilty of the abetment of an offence liable to hadd under this Ordinance shall be liable to the punishment provided for such offence as tazir.
(3) In the Pakistan Penal Code (Act XLV of I960):
(a) Section 366. Section 372, Section 373, Section 375 and Section 376 of Chapter XVI and Section 493, Section 497 and Section 498 of Chapter XX shall stand repealed; and
(b) in Section 367, the words and comma "or to the unnatural lust of any person" shall be omitted.
Section 20: Application of Code of Criminal Procedure (Act V of 1898), and amendment
(1) The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), hereafter in this section referred to as the Code, shall apply, mutatis mutandis, in respect of cases under this Ordinance:
Provided that, if it appears in evidence that the offender has committed a different offence under any other law, he may, if the Court is competent to try that offence and award punishment therefore be convicted and punished for that offence:
(Provided further that an offence punishable under this Ordinance shall be triable by a Court of Session and not by a Magistrate authorised under Section 30 of the said Code and an appeal from an order of the Court of Session shall lie to the Federal Shariat Court:
Provided further that a trial by a Court of Session under this Ordinance shall ordinarily be held at the headquarters of the Tehsil in which the offence is alleged to have been committed).
(2) The provisions of the Code relating to the confirmation of the sentence of death shall apply, mutatis mutandis, to confirmation of sentences under this Ordinance.
(3) The provisions of Section 198, Section 199, Section 199-A or Section 199-B of the Code shall not apply to the cognizance of an offence punishable under Section 15 or Section 16 of this Ordinance.
(4) The, provisions of sub-section (3) of Section 391 or Section 393 of the Code shall not apply in respect of the punishment of whipping awarded under this Ordinance.
(5) The provisions of Chapter XXIX of the Code shall not apply in respect of punishments awarded under Section 5 or Section 6 of this Ordinance. (6) In the Code, Section 561 shall stand repealed.
The Presiding Officer of the Court by which a case is tried, or an appeal is heard, under this Ordinance, shall be Muslim:
Provided that, if the accused is a non-Muslim, the Presiding Officer may be a non-Muslim. REFERENCE: Hudood Ordinance Source: Women of Pakistan: Two Steps Forward, One Step Back? By Khawar Mumtaz and Farida Shaheed (1987). Vanguard Books, Lahore http://pakistanspace.tripod.com/archives/79hudood.htm
Insaf do - 24th june 2011 - p3
Margaret Marcus, daughter of secular-Jewish Herbert and Myra Marcus of New York, suffered from diagnosed schizophrenia. She was rebuffed by two colleges and finally consigned to a mental asylum. Somewhere in the midst of all this, she embraced Islam. She took the name of ‘Maryam Jameela’ — probably in reaction to a rape she suffered in her pre-teens and to compensate for her impaired looks — and began writing to Maulana Abul Ala Maududi, arguably the greatest living Islamic scholar in the world at that time, at the recommendation of Syed Qutb of Egypt. This was in 1962. According to The Convert: A Tale of Exile and Extremism (Graywolf Press Canada, 2011) by Deborah Baker, an autistic Maryam, who spoke complete sentences when she should have started baby talk, was probably a savant (p.90). Her alienation from America resulted in her objections to the state of Israel and its treatment of Palestinians, at times making her violent (p.115). At the age of 15, she was writing a novel with a Palestinian as the hero, whose portraits she drew herself.
Maududi, not told about her illness, thought she would be lost in America where she was socially intensely alienated, and decided to adopt her and give her a normal life as a Muslim married to a good man of his choice. He invited her to come to Lahore to live in his home. Busy building his own case against western culture and civilisation by ploughing through western philosophers, he failed to recognise her rejectionism as pathology. Maryam’s split-personality built the narrative from then on, passed on to us by the author, a narrative which was to be finally destroyed by reality. But Maryam constructs many schizophrenic narratives before the author, pursuing her to Lahore in 2007, and finally lays bare the real saga of her ‘extremism’. This is done with great objectivity and sympathy. Finally, the book comes out fair to the great man Maududi and to a pathetically isolated Jameela, sustained by her instinct of survival against a death-giving illness, in her house in Sant Nagar, Lahore, still constructing a new narrative of herself from her split soul.
Maryam’s stay with the Maududis was not happy. The letters unearthed from her archives in New York showed Maududi changing towards her, becoming cold and then sending her away to a friend in Pattoki before consigning her to a pagal khana, Lahore’s well-known mental hospital, just as her parents had done back in New York. Her paranoia is carefully hidden when she writes to her sister that she feared for her life from him. We are not told what she did in Lahore to offend Maududi and his family, and finally what she did to the couple at Pattoki to land in the pagal khana. She later confesses to the author that she had struck the lady of the house on the head with a frying pan! (p.195) Maryam was influenced by another alienated-from-the-West Jew, Leopold Weiss aka Muhammad Asad, who ended up writing arguably the best commentary of the Quran the Muslims have known. His blueprint for the new state of Pakistan was to be based on the advice of careful avoidance of western secularism. She read his classic Road to Mecca to confirm her split from American society and reached out to Syed Qutb, yet another person traumatised by American society, which he thought was based on pleasure (practice) as opposed to Islam which was based on piety (theory).
Ironically, Asad, too, had contact with Maududi in the Punjab Hills, rescuing him and his followers by trucking them to Lahore single-handedly from Pathankot following Partition in 1947. But Asad could be violent like Maryam. He regrets in his autobiography that he wrecked the shop of a Hindu milk seller in Kashmir because he served Muslims in separate glasses! (Muhammad Asad Banda-e-Sehrai, memoir translated by Muhammad Ikram Chughtai, Truth Society Lahore, 2009, p.54)
Author Baker’s meeting with Maududi’s son Haider Farooq was to be revealing (p.189). He disclosed that Maryam’s marriage to Yusuf Khan of Sant Nagar in 1963 was not arranged by Maududi but was an act on the part of Khan, to which Maulana Maududi had reacted in great rage. Khan survived as the Maulana’s sales agent for his publications, aspiring to beget as many children as his guide: Nine! He eventually caused simultaneous pregnancies to Maryam and his first wife, till they ended up giving him nine plus five, 14 children! Maryam’s children were not brought up well. Despite her hatred of America, her two sons ended up migrating to America, where both are said to be socially maladjusted. Maryam wrote many books extolling Islam as a faith and condemning the West as a way of life, in one case focusing on principles and in the other on existential details. She attacked modernist Muslims like Ziya Gokalp, Syed Ahmed Khan and Taha Husain, while exposing the hostility behind the writings of Wilfred Cantwell Smith (p.45). Her articles appeared in Egypt’s Voice of Islam taken out by Hasan alBanna’s son. She pamphleteered for Jamaat-e-Islami during the Afghan jihad, but when queried on the anti-Muslim cruelty of the Taliban by the author, she condemned the Taliban and al Qaeda faith as being beyond the pale of Islam, unaware of the fact that her first inspiration, Syed Qutb, was now the presiding saint of al Qaeda. But when asked questions arising from the implementation of sharia, Maryam hedged and answered with ‘ask the ulema’ because she preferred to remain utopian. She condemned 9/11 and forswore support to Taliban (p.205) as if she suddenly didn’t want to own the extremism her split-personality had caused her to embrace. She wrote to author Baker in 2009 requesting two copies of the planned book (p.221). Maryam Jameela still lives in Sant Nagar, Lahore, an Islamic scholar and mother of five, an admirable survivor where most usually succumb less prominently. REFERENCE: Maududi and Maryam Jameela By Khaled Ahmed Published: June 12, 2011 http://tribune.com.pk/story/186920/maududi-and-maryam-jameela/
Insaf do - 24th june 2011 - p4
Syed Haider Farooq Maududi Exposing Jamaat-e-Islami - 1 (28 May 2011)
Syed Haider Farooq Maududi Exposing Jamaat-e-Islami - 2 (28 May 2011)
Syed Haider Farooq Maududi Exposing Jamaat-e-Islami - 3 (28 May 2011)
Syed Haider Farooq Maududi Exposing Jamaat-e-Islami - 4 (28 May 2011)
Interview with Sayyed Haider Farooq Maududi - By: Farish Noor Sayyed Haider Farooq Maududi is the son of the famous Islamist scholar and political activist, Sayyed Abul ‘Ala Maududi, founder of the Jama’at-i Islami of Pakistan (JI). While JI has become the most powerful and influential Islamist group in Pakistan today, Farooq Maududi leads the Jama’at-i Islami Sayyed Maududi group', a breakaway faction that has been ostracised by the JI itself. Together with a number of prominent activists, journalists and academics, Farooq Maududi has been trying to propagate what he feels was and is the original message of the JI and its founder, his father. Farish Noor spoke to him at his residence in Ichara, Lahore about the present orientation of the JI, the role of the ‘ulama in politics and the future of the Muslim world.
Q: Can you tell us something about yourself and your group, and how it came to pass that you broke away from the Islamist party that your father had founded and led for so long?'
A: I happen to lead an organisation which we call the Jama’at-i Islami Sayyed Maududi group. We are basically a group of Islamist intellectuals, scholars, activists and writers who have been trying to revive the original message of my late father, Sayyed Maulana Maududi. We separated from the Jama’at-i Islami when it became clear that the JI was no longer following the path that my father had set, and since then we have been attacked by them. They do not accept us or any of our claims—but I have always maintained that they (JI) have deviated from the path that my father had set for the party. We are an active political grouping and we hope to work towards achieving the goals that my father had set himself long ago.
Q: There are those- both within and without the Jama’at who claim that you are really a nuisance and that you really want to disrupt the programme of the JI. They argue that you have misrepresented Maududi's ideas and views and that you are working against the JI, and, by default, against the Islamist cause.
A: It is they who have turned the message of my father on its head. Our position is clear: We hold that the struggle for Islam has to be towards emancipation and the development of the Muslim community, the liberation of the Muslim mind. We do not hold their view that the ‘ulama should be at the vanguard of the Islamist struggle. On the contrary, we feel that the real role of the ‘ulama should be as the custodians of Islamic knowledge and that they should distance themselves from politics and the political process.
Q: Can you elaborate a little more on this point. What do you mean when you say that the ‘ulama should distance themselves from politics?
A: What I mean is simply this: The ‘ulama have a role to play in Muslim society and that is something that we have never argued or questioned. But the ‘ulama should also stand above the political process and they should never try to gain political power or control of the State. The ‘ulama should stand in between all parties and political movements. Their role is to offer advice and guidance to all those who are part of the political system. They should direct their criticism to both the ruling power as well as the opposition. That way they would be truly impartial and they would be free from the constraints of politics. That was what my father originally envisaged when he spoke of the role of the ‘ulama as the guardians of Muslim society. But today in Pakistan and other parts of the Islamic world you can see hundreds of political parties and movements struggling for power- many of which are led by the ‘ulama. The Ulama have become politicians and they play the game of politics—fighting for votes, etc. This is demeaning for them and for Islam. What have they got to do with politics anyway? They condemn the abuses of politics and yet we can all see how they have become politicised themselves. They have become political animals, and this is also true for the party that my father had started.
Q: When, in your opinion, did the JI become a political party?
A: For me it began in the mid-1980s, when Mian Tufayl resigned and the position of the amir of the Jama’at was given to Qazi Hussain Ahmad (in 1985). From that point onwards, the Jama’at became a political party and it has been playing the game of politics ever since. At one time they worked with this government, and at another time they worked with another. The JI has been playing the game of politics and they have all become politicians. Their speeches are no longer about religion but about gaining power and votes. Their rhetoric has also changed so many times. Today they have started to call themselves an NGO. This is all part of the political game and they play it just as well as the other Islamist parties in the country.
Q: If the ‘ulama are not supposed to get involved in politics, what should they do? What do you feel they have to offer to society?
A: The ‘uma today have forgotten that their main role is da’wah (missionary work). They have to teach and offer instruction to Muslims who know less than they do about Islamic law and ethics. That is why the ‘ulama should stand in between the government and the opposition. They should correct the errors of both. What the ‘ulama have forgotten is their role in creating a good human being. I don't even mean a good Muslim. Whether Muslim, Christian, Jew, Hindu— what matters is the creation of a good person above all else: Someone who obeys the law, has a respect for the fundamental rights and needs of others, and has a sense of social obligation and duty. When such individuals are around, creating an Islamic society that is just and equal is easy. But without such moral instruction from the ‘ulama, the Muslims are without moral leadership and examples to emulate. Now all we have are ‘ulama who are busy trying to become politician and leaders in government. What kind of moral example is that?
Q: If moral instruction is as important as you say, what kind of leadership are the ‘ulama meant to provide? How can they help to educate and guide the people? What would be required for such a project?
A: Moral instruction cannot come from the ‘ulama today because they themselves are intellectually bankrupt. The ‘ulama today all come from the same traditional schooling system. They have been reading the same books that have been read by previous generations of ‘ulama, uncritically and with no imagination. Look at the state of Muslim law at present. We Muslims talk about ourselves as being dynamic and progressive, yet we still live under the dominance of the ‘ulama who are themselves guided by a school of fiqh that is hopelessly out of date and inadequate in the face of the demands of today.
Islamic jurisprudence has not evolved since the time of the last Caliph Hazrat ‘Ali. After his martyrdom, the Muslim world has been in a state of stasis and decay. The Ummayad, Abbasid and other dynasties that came after merely appropriated the laws and customs of the Muslim community at the time and adjusted them to their own needs. Look at how the history of Islam is littered with the biographies of Sultans and the elite. What of the ordinary Muslims themselves? How come we still live in a world where so many Muslims count for nothing? All these kingdoms and dynasties were an aberration of Islam and they have twisted the message of the Prophet, peace be upon him. Islam has been used to justify the acquisition of power and the corruption of the elite—but the message of equality and justice has been lost.
Q: For some time now you have been calling for a return to the fundamentals of Islam and the revision of Islamic thought in the light of present-day realities. Isn't there a danger of essentialising the argument here? By
referring to the time of the early Caliphs it sounds as if you are talking about the fabled 'golden age' of Islam all over again. Isn't this exactly what so many Islamist movements are doing today?
A: Look at the historical facts themselves and you will see what I mean. During the time of the Prophet Muhammad, peace be upon him, the entire Muslim community was no more than five thousand. That was the entire Muslim Ummah during the Medina era. The mosque in Medina could house the entire Muslim community, and there was still space for more.
How can we hope to revive Islam in the present when our laws and codes of jurisprudence are still based on the revelations that came during that time? Today there are more than a billion Muslims in the world. How can the ‘ulama hope to guide these people if they still rely on laws that have not evolved since the early Islamic period? All the major schools of Islamic law remain stuck in the past. The Hanafi school, for instance, still cannot deal with problems in the present age. According to some orthodox scholars of the Hanafi school if a man or wife loses his spouse for some unknown reason- he or she may have gone missing somewhere- the husband or wife cannot marry again until a period of ninety years has lapsed. What kind of legal reasoning is that? This is what I mean when I say that the Muslim world is in a state of stasis- We have not been able to update and upgrade our laws in the light of present- day realities. I am not asking for us to reject Islamic law- just make it dynamic and contextual for our daily needs.
Q: So do you mean to say that all the Islamisation programmes that we have seen in the Muslim world have achieved nothing? Do you mean to suggest that even after the time of President Zia ul Haq, Pakistan has not really turned into a more Islamic society?
A: Of course it hasn't. What signs do you see of Islamisation here? The number of Madrasas? The number of Mosques built everywhere? That is not Islamisation- these are merely concrete structures. What kind of Islamisation is it if the people do not feel they are better Muslims, if they do not understand their own religion any better? During the time of my father, Sayyed Maududi, what we wanted to do was to preach Islam. We rejected the original idea of Pakistan itself because it was not based on anything Islamic. We wanted to create a society that understood the religion and the principles upon which it is based. But during the time of Zia all we had were policies and public speeches, vast projects and empty promises. The politicians used Islam to reinforce their power and the Islamist movements began to work with the government to gain political power for themselves. But the message of Islam was forgotten and so was the struggle to revive its internal dynamics. Today there are no longer any learned scholars in the Jama’at and the other Islamist movements in Pakistan. There are no original thinkers and scholars- only politicians and tacticians.
Q: If that is the case, what then is the role of the ‘ulama in contemporary Muslim society?
A: The ‘ulama have become the disease of Muslim society! They are the ones who stand in the way of the Muslim scholars and intellectuals who want to revive the intellectual tradition within Islam. Whenever a Muslim scholar raises a new controversial issue, the ‘ulama are the first ones to accuse him or her of attacking Islam itself! Any attempt to question the dominance of the ‘ulama is re-interpreted as an attack on Islam. Any attempt to question the outdated fiqh of the ‘ulama is seen as an attack on Islam. How can we Muslims ever develop if we have to face such opposition on a regular basis? Instead of intellectual development and original ideas, the ‘ulama have merely emphasised the ritualistic aspect of Islam. For example: In Pakistan we have thousands of ordinary people going on the hajj (pilgrimage) to Mecca every year. The ‘ulama encourage this sort of public devotion as it suits their interpretation of ritualised Islam. But as any learned Muslim scholar will tell you, in Islam the act of going on the hajj is qualified by many other restrictions and conditions. One should not go on the hajj is one's relatives are poor. The money for the hajj should go to them instead. Or to other poor people to whom one is close to. This is the egalitarian aspect of Islam that has been forgotten in the rush to perform such rituals for personal benefit. The end result is that we have thousands of Muslims going to Mecca every year, while their own relatives, neighbours and friends are poor and needy at home. Isn't charity a part of Islam as well? Isn't it part of our farz-i kifayah (social obligations)? Apart from their ritualistic approach to religion, the ‘ulama still cannot think of Islamic law outside the framework of crime and punishment. They still cannot address the issue of rights and entitlements, of justice and equity. They talk about how Islam is a humane religion, a just religion- but all the while it is they who have given Islam such a bad name and made it look like a religion of retribution and punishment. No wonder the Muslim world has such a bad image today, thanks to the ‘ulama.
Q: Why do you think the ‘ulama, as an institution, have become so dogmatic today?
A: The ‘ulama have grown increasingly conservative themselves. They talk about leading the way towards the path of development, but in fact most of them have proven to be fundamentally conservative. In Pakistan the ‘ulama have sided with the military regime, the feudal landlords, the traditional elite. In all these cases they have really supported the status quo, as it is in their interest to do so.
Q: So who do you put your trust in? Who can possibly lead the Muslim Ummah out of the morass it finds itself in today?
A: What the Muslim world today needs is another Ataturk! We need a new Ataturk who has the vision and foresight to see that the Muslim world cannot survive on empty slogans and simple solutions only. By this I do not mean one leader or one sole spokesman, but rather a class of revolutionary thinkers, scholars and lay Muslim experts who have broken from the mould of the ‘ulama of the past. Rather than acting as the watchdogs of the Muslim community, these Muslim intellectuals need to be brave enough to be able to re-think some of our most basic suppositions and adapt them to the needs of today. We cannot go on reproducing the same old legal codes from one thousand years ago. We need to be able to think originally, apply our legal reasoning and adapt our approach to the world that we inhabit today. This means trying to operationalise fiqh in relation to other modern sciences and disciplines. And we need to remember that this does not make us anti-Islam or anti-Muslim. What we are really doing is saving the spirit of Islam itself, something that my father was trying to do all his life. REFERENCE: Interview with Sayyed Haider Farooq Maududi - By: Farish Noor http://groups.yahoo.com/group/Shetubondhon/message/5808
JI Ameer Syed Munawar Hassan has no sense of History & Facts.
A Brief History of the Maududi Calamity - Translation of an editorial by Maulana Yoosuf Banauri in the Rajab 1396 Issue of the 'Bayyinaat' In order to master any subject, it is incumbent that one remain in the company and benefit from the master of that subject. It is an accepted fact that for any simple or artistic occupation a teacher or even a guide is necessary. Without these even an intelligent and genius cannot reach the desired stage, be it in the fields or engineering, medicine, or any other subject for that matter. For every occupation or trade it is necessary and incumbent that one should at least learn the basics from a teacher. In this manner when it is necessary to seek knowledge and guidance in materialistic fields, how can it be possible to attain the Uloom of Nubawwat - Teachings of the Ambiyaa Alaihis salaam. - and the intricacies of the Shari'ah without the guidance of tutor? The sciences of this nature are beyond the grasp of human intelligence. They have reached the Ummat through the Wahi (revelations of the Al-mighty, and continues through heavenly training, rearing, divine commands, instructions and guidance. Then in these Divine Sciences the attention and considerations of the tutor and guide; and the practical participation in his company has a more important bearing than words. REFERENCE: A Brief History of the Maududi Calamity Translation of an editorial by Maulana Yoosuf Banauri in the Rajab 1396 Issue of the 'Bayyinaat' http://www.allaahuakbar.net/jamaat-e-islaami/maududi/brief_history_of_the_maududi_calamity.htm
Jamat e Islami is involved in Mehran Bank Scandal
The attaining of correct thinking, understanding and practical Tarbiyah (rearing) is more important than only attaining knowledge. On that ground, the longer the companionship of a master, the more benefit and experience one will reap. The more perfect the tutor, the more benefit and excellence will be attained. As the purpose of the Uloome Nubuwwat is the guidance of the creation of Allah, in its understanding, there is a strong probability, through the enmity of the accursed Shay- taan, to be led astray. The Shaytaan does not interfere where one strives to attain perfection in material aspects. The Shaytaan sits in comfort. He does not need to interfere, nor is it necessary for him to show his enmity. However, where the hereafter and religion are concerned, the Shaytaan becomes restless in creating mischief. He uses his strength in every possible manner, where success and Hidaayah may be turned into ruin and to cause deviation from the straight path. The greatest asset of the accursed Iblis is 'Talbis', that is to mix the truth with falsehood in such a manner, that where a thing outwardly appears to be beneficial, in reality it becomes a source of wrong doing and detriment. Then too bearing in mind that the tricks of the human Nafs supercedes this. it is human nature to be arrogant, haughty, deceptive, showoff and have love for rank and high status. These are such diseases that it is difficult to eradicate them even after lengthy training and discipline. For this reason it is incumbent to remain in the companionship of a master for quite some time, in order to save oneself from the effects of the Shaytaan. If Allah's grace and mercy are present, then surely one reforms, other-wise, the human just wanders around in the desert of knowledge and intellectualism. After studying the Educational History of the world, this point becomes very clear that all the mischief and chaos that were created, were all at the hands of intellectuals and geniuses. During the period of Ilm (knowledge) a greater portion of fitnah (mischief) appeared by the way of ilm. Even among the Ulamaa E Haq, many geniuses due to their sharp intelligence and eccentricity became victims of their wrong thoughts and ideas. This fact became evident that by completely relying on their own acuteness and flowing intellect, they became entangled in llmi Kibr (educational arrogance), and self-conceited of their own views. They were not fortunate enough to undergo a beneficial amount of spiritual training. As a result, this led them to great lengths. In our times there exist many such examples. Since they possess llmi acumen and, as many a time they say or write excellently, they become a cause for additional fitnah. Those individuals who were not fortunate enough to attain a deep knowledge or a spiritual training, easily become their adherents and quickly begin supporting and endorsing their new ideologies. The Shaytaan is always busy in his occupation. A personality that may be of use to guide and direct the Ummah, becomes a means of deviation and ruin for the Ummah. There are examples of these in every era. Imaam Ghazali Rahmatullahi alaih has written in his 'Maqaasidul Falaasifah' that after observing the correctness in the elementary and mathematical sciences of the Greeks, the people began to accept all their teachings as correct. They accepted the teachings of the Greeks even in the subjects of Theology and natural philosophy, which led them astray. These words of Imaam Ghazali are very surprising and true. The Shaytaan finds in these Situations an ideal opportunity to lead people astray. Well, when the very learned, geniuses and capable people can become entangled in such fitnahs, then those personalities who possess very little llmi capabilities and have a tremendous ability to write, and are quick witted and intelligent, but void of a spiritual training under an accomplished master they very quickly become engulfed in self-conceitedness and begin to degrade the Ummah. All the scholarly researches of the Ummat are despised; all the great deeds of the salaf-us-saaliheen are made a joke of and a laughing stock; and by criticising every personality from beginning till the end, falls in a deep and dangerous pit, becoming a means of leading all humanity into destruction. Among such people today is a famous personality by the name of Janab Abdul A'laa Maududi Saheb, Maududi was born on Rajab 3, 1321 AH (September 25, 1903 AD) in Aurangabad, who was acute and quick witted since childhood, but was troubled by economic difficulties. In the beginning he was employed by the 'Medina periodical at Bijnor. Thereafter, he was attached to the "Muslim', a magazine of the Jamiat Ulama e Hind. After a few years he was employed by the 'Al-Jamiat', Delhi, a journal of the Jamiat Ulama e Hind, Which was then probably published every third day. His articles captioned 'Tarikh ke Jawaahir Paaro' appeared with great lustre. In this manner Maududi Saheb was trained as a writer by Maulana Ahmed Saeed Saheb. After the death of his father Maududi Saheb was unable to complete his studies, but had to leave studies during the early Arabic primary stages, nor was he fortunate enough to attain a secular education. He later studied English and attained some competence in it. He greatly benefited from the books, magazines and writings of reputable authors of those days. His writing ability increased by the day. Unfortunately he was unable to benefit from any religious institution, neither became a graduate of modern education, nor did he gain the company of an experienced and proficient Aalim of the Deen. He has admitted this in an article published during the era of United India in reply to some questions posed to him by Maulana Abdulhaq Madani Muradabadi. He was unfortunate to experience the company of Niyaaz Fatehpuri, an atheist and infidel. REFERENCE: A Brief History of the Maududi Calamity Translation of an editorial by Maulana Yoosuf Banauri in the Rajab 1396 Issue of the 'Bayyinaat' http://www.allaahuakbar.net/jamaat-e-islaami/maududi/brief_history_of_the_maududi_calamity.htm
Fareed Paracha & Jamat-e-Islami Misquote/Distort Quran on Samaa TV & Commit Blasphemy
Saudi Arabian Scholar on Blasphemous Founder of Jamat-e-Islami i.e. Mawdudi - Mawdudi, Qutb and the Prophets of Allaah http://www.salafipublications.com/sps/downloads/pdf/NDV080001.pdf
By this association and friendship many incorrect tendencies and inclinations were adopted. In 1933 he began publishing the 'Tarjumanal-Quran' from Hyderabad, Deccan, wherein he published splendid articles. Some llmi and literary things began to appear using the best style and methods. At that time the political situation in the country was very shaky. The movement to free India was in its decisive stages. The best intellectuals of the country were involved in the freedom of struggle of India from the British Maududi Saheb adopted a different stand from the rest and engendered the cry of 'Iqaamate Deen' and 'Hukumate Ilaahiyyah'. He strongly and forcefully criticised all the factions invloved in seeking the freedom of India. His simple and innocent panegyrists thought that Maududi Saheb was the last straw for the valuable Deen. As a result very quickly praises began to be showered upon him from the pens of Maulana Sayyid Sulayman Nadwi, Maulana Manaazir Ahsan Gilani and Maulana Abdulmaajid Darybadi. Evidently at that time Maududi Saheb was only a name of an individual. As yet he had no missionary aim, nor an association or movement. Due to his forceful writings and statements, some among the Ahle Haq began having great hopes in him. By virtue of his preparedness and through the encouragement of Chaudary Muhammad Niyaaz, the foundation of 'Darul Islam' was laid in Pathankot. The Muslim League and Congress began to be degraded. REFERENCE: A Brief History of the Maududi Calamity Translation of an editorial by Maulana Yoosuf Banauri in the Rajab 1396 Issue of the 'Bayyinaat' http://www.allaahuakbar.net/jamaat-e-islaami/maududi/brief_history_of_the_maududi_calamity.htm
Jamaat e Islami Go Amarica Go Exposed On Live Tv دھوکے باز غیرتمند
Such articles were written by him, as well as a book on the political turmoil of the time appeared whereby he began receiving praises from his followers. The political causes stimulated its acceptance. A meeting was held in Lahore, and the foundation of his Imaarat was formally laid. A speech prepared by him was read out, wherein the duties of a present-day Ameer were outlined. Among the participants were also such famous personalities as Janab Maulana Manzoor No'mani, Maulana Abulhassen Ali Nadwi, Maulana Amin Ahsan Islaahi and Maulana Mas'ud Aalam Nadwi. Maududi Saheb was elected the Chief Ameer and the above mentioned four personalities were elected deputy Ameers. The Jamaa'at e Islami formally came into existence. It's constitution and charter were published. The public looked forward to it and from every side hopes began to be attached. Six months had not passed by when Maulana (Manzoor) No'mani Saheb and Maulana Ali Mia Saheb (Abulhassen Ali Nadwi) resigned. They have observed his llmi deficiencies and lack of sincerity. They were unable to continue their relationship. These gentlemen kept silent and did not inform the Ummah openly and clearly about their reason for disassociating themselves. I was at that time teaching at Jamia Alma Dabhel. I inquired from these two personalities about their reason for quitting. They said many things but no satisfactory clarification was delivered. I understood the view of Marhum Maulana Mas'ud Alam and Maulana Amin Ahsan Islaahi were quite similar as far as beliefs and conduct were concerned. Hence they remained for some time as Maududi Sahebs right hand men. Maulana Mas'ud Aalam assisted through the medium of Arabic literary writings and magnificently translated into Arabic the writings of Maududi Saheb. He also trained a few pupils in this field. Maulana Islaahi through his special style and way assisted the Maududi Movement. As a result many good writers and assistants joined the movement. A few excellent books were written on communism and a few other subjects i.e. interest alcohol purdah. etc. A few good books were also written for the modern youth. Some worthy articles were published in the 'Tafheemaat and Tanqeehaat'. Ways and means were adopted to impress the Arabs especially the Sheikhs of Saudi Arabia. REFERENCE: A Brief History of the Maududi Calamity Translation of an editorial by Maulana Yoosuf Banauri in the Rajab 1396 Issue of the 'Bayyinaat' http://www.allaahuakbar.net/jamaat-e-islaami/maududi/brief_history_of_the_maududi_calamity.htm
Professor Ibrahim & Jamat-e-Islami Openly Support Martial Law - 1
Successful strategies were adopted. All those writings that were contributed by Maududi Saheb's associates were published in such a manner as if all these writers were indebted to him. As a result the personality of Maududi Saheb gained fame. He reaped fame from the writings of his associates. He is incapable of composing in Arabic or English. The names of translators do not appear on his books that are translated into other languages. It is not mentioned that this book is translated by Mas'ud Aalam or Aasim Haddaad. People get the notion that this literary intellectual of the Urdu language is also an Imaam of the Arabic language. A short period had passed where Maulana Gilani Saheb and Sayyid Sulayman Nadwi Saheb became aware and foresaw its detrimental effect; that these writings were a means of creating a new fitnah. He (Maulana Gilani) ceased to address him by the titles conferred on him such as 'Mutakallim e Islam' etc. Maulana Gilani Saheb wrote critical articles under the headings of 'Khaarijiyyate Jadidah' Maulana Daryabadi's 'Sidqe Jadid'. Maulana Sayyid Husayn Ahmed Madani Saheb was perhaps the first among the Ulama who pinpointed this fitnah in his Correspondence. Gradually other Ulama began to air their views. Maulana Muhammad Zakariyya Saheb studied all the available printed Maududi literature and wrote a valuable booklet on this subject. It is regretted that this booklet has not been printed yet. In this connection an Ustaaz of Madrasah Mazaahirul Uloom Saharanpur Maulana Zakariyya Quddusi Saheb became inclined towards Maududi Saheb. Taking this into view and trying to correct him Shaykhul Hadith Saheb wrote a letter to him explaining all Maududi Saheb's errors and incorrect interpretations of the Deen. REFERENCE: A Brief History of the Maududi Calamity Translation of an editorial by Maulana Yoosuf Banauri in the Rajab 1396 Issue of the 'Bayyinaat' http://www.allaahuakbar.net/jamaat-e-islaami/maududi/brief_history_of_the_maududi_calamity.htm
Professor Ibrahim & Jamat-e-Islami Openly Support Martial Law - 2
This letter has been published in a booklet form titled 'Fitnah Maudu diyyat' (It is now reprinted under the title 'Jama'at Islamiyyah ek lamhah fikriyyah').
I admired many things about Maududi Saheb and detested many. For along time I did not wish to degrade him. I felt that from his innovated style of presentation the modern generation could benefit. Although at times such compositions appeared from him that it was not possible to endure it but taking into consideration the Deeni well-being I tolerated it and kept silent. I did not foresee that this Fitnah would spread world-wide and have a detrimental effect on the Arab world; that every day from his master pen a new bud would keep on blossoming and indecent words would be used regarding the Sahabah Kiraam Ridhwanulla-hi Alayhim and the Ambiyaa Alayhimus Salaam. Later on such things appeared daily in the 'Tafhimul Quraan'. Now it has become known without doubt that his writings and publications are the greatest Fitnah of the present time notwithstanding a few beneficial treatises that have appeared It is the case of "and the sin of them is greater than their usefulness". (Surah Baqarah 219). Now that stage has been reached where to keep silent seems to be a great crime. It is regretted that for forty years an offensive silence was kept. Now the time has dawned where without fear of rebuttal and censure all his writings from A to Z should be thoroughly studied with a view to fulfill the demands for the preservation of the Deen with Haq and justice. Wallahu Subhanahu Waliyut-Tawfique. REFERENCE: A Brief History of the Maududi Calamity Translation of an editorial by Maulana Yoosuf Banauri in the Rajab 1396 Issue of the 'Bayyinaat' http://www.allaahuakbar.net/jamaat-e-islaami/maududi/brief_history_of_the_maududi_calamity.htm