Wednesday, February 5, 2014

Enforcement of TTP Sharia Law in Pakistan.

ISLAMABAD: Negotiators representing Pakistani Taliban insurgents said Wednesday there was no chance of peace in Pakistan until the government embraces Islamic Sharia law and US-led forces withdraw completely from neighbouring Afghanistan. The tough conditions appear to deal a blow to hopes that peace talks with the Pakistani government could end the Tehreek-i-Taliban Pakistan (TTP) insurgency that has rocked the country since 2007. Maulana Samiul Haq, the head of the TTP's three-man talks team, told news agency AFP there could be “no peace” in the region while there were still US troops across the border. His comments were echoed by his fellow TTP negotiator Maulana Abdul Aziz, who also said the TTP's long-held commitment to imposing sharia law across Pakistan was not open to debate. “Without sharia law, the Taliban won't accept (the talks) even one per cent,” he said. “If some factions accept it, then the others won't accept it.” “Their real agenda is sharia,” Aziz said, suggesting that all Pakistan's secular courts based on the common law system be abolished. “I don't think the government will accept this but they should, because war isn't the way forward.” On Afghanistan, Aziz said an endorsement of the security pact with Washington would scupper hopes for regional peace. “We think these (Afghanistan and Pakistan) are two brotherly countries. Peace in Pakistan means peace in Afghanistan and vice versa,” he said. If Afghanistan signs the agreement, he said, “war will continue, and the clash between Muslims and the US will continue.” “If the agreement goes ahead, then the losses they (US) have experienced before, they will experience once again,” he added. “If Americans remain in Afghanistan, there will be no peace in the region, it will be same, it will be unsafe,” said Samiul Haq. REFERENCE: ‘Without sharia, TTP won't accept talks’ 2014-02-05 19:50:57

Ugly Role of Pakistani Media, Pervez Musharraf & Lal Masjid (2007)

Ugly Role of Pakistani Media, Pervez Musharraf... by SalimJanMazari

Thursday, May 31, 2007 Lal Masjid has 10,000 suicide bombers: Abdul Aziz ISLAMABAD: The Lal Masjid administration has more than 10,000 suicide bombers on the mosque premises and more than one lakh across Pakistan, claimed Khateeb of Lal Masjid, Maulana Abdul Aziz. “The suicide attackers are ready to operate anywhere/anytime in Pakistan,” he said at a press briefing at the Lal Masjid on Wednesday evening. “We consider suicide attacks are right in Pakistan in few circumstances, while we consider them as absolutely justified in the context of Afghanistan and Iraq,” he said. “Our students enjoy the moments when a police or Rangers operation looms, and they get bored when the situation normalises,” he said of the situation inside Lal Masjid. He said, “We favoured the Taliban not only in the past, we favour them even today.” Responding to a question that the strategy adopted by the Lal Masjid administration to solve different problems was helping Musharraf’s agenda to bring liberalism in the country and that analysts think that the clerics were operating on the direction of agencies and basically helping the regime to achieve its agenda, he said it was totally wrong. “We are not operating under the command of some agency, and I am ready for ‘Mubahela’ in this regard,” he added. He said the Musharraf government was not taking any advantage to fulfil its agendas from the actions of the Lal Masjid. However, at this moment Aziz’s younger brother Maulana Abdul Rasheed Ghazi took the mike from him and further elaborated the answer saying, “Sometimes it happens. Someone takes advantage from some action, which is actually not aimed to support him.” He said: “When we were fighting against the USSR, the US had taken advantage of the situation. Our struggle against the USSR was not aimed to benefit the US, but they took an indirect advantage of our struggle.” He also cited the example of the war of Muslims against Persia which indirectly benefited the Romans. Aziz also disclosed that Gen (retd) Hamid Gul had told him during a conversation that according to the Constitution, any citizen of Pakistan can play the role of a ‘law officer’ if he observes some illegal activity somewhere and not find law-enforcement authorities there. The Lal Masjid cleric said that not a single finger was cut during their peaceful movement. Asked why the administration did not do something for the poor and depressed class of society and confined its version of Islam to CD shops and brothels, the cleric said they could not do anything for improving the condition of the poor with their resources. However, they could stop people from doing wrong. “We are doing what we can do,” he added. REFERENCE: Lal Masjid has 10,000 suicide bombers: Abdul Aziz BY our correspondent Thursday, May 31, 2007

2009-04-14 Sharia for other parts of Pakistan also: TNSM BATHKELA The Tehrik Nifaz-i-Shariat Muhammadi (TNSM) said Tuesday that after Swat and Malakand, Sharia will be implemented in other parts of the country as well. While talking to the media in Batkhela, the TNSM chief Sufi Mohammad said that the Taliban and TNSM will work alongside the government for the implementation of Sharia and will maintain peace in the region. Sufi Mohammad also said he will not abolish the peace camp he established in Malakand and will continue the peace process in the Swat valley. The TNSM chief added that once Sharia is implemented in Swat and Malakand it would soon after be extended to other parts of the country. He also urged all TNSM loyalists to work towards furthering the peace process. Earlier, Sufi Mohammad had welcomed the signing of Sharia bill as a positive sign. REFERENCE: Sharia for other parts of Pakistan also: TNSM

Ansar Abbasi & GEO TV & Swat Girl Flogging

Ansar Abbasi & GEO TV & Swat Girl Flogging by SalimJanMazari

(2009) Sharia law enforced in Malakand  PESHAWAR, April 15 The NWFP governor promulgated on Wednesday the Sharia Nizam-i-Adl Regulation of 2009, providing for appointment of Qazis and restoration of the executive magistracy system in the Malakand division and Kohistan. The regulation replaces the Sharia Nizam-i-Adl Regulation of 1999, which had been in force in Malakand and some other Provincially Administered Tribal Areas (Pata). The new law will apply to Pata, except for the tribal area adjoining Mansehra district and the former state of Amb. Regular courts have not been functioning in Swat since March 17 when they were stopped from taking up cases by Tehrik Nifaz Shariat-i-Muhammadi chief Maulana Sufi Muhammad. The regulation defines Sharia as injunctions of Islam as laid down in the Holy Quran, Sunnah, Ijma (consensus view) and Qias (analogy) and requires a Qazi or an executive magistrate to seek guidance from the same sources. According to the new law, the conduct and character of a judicial officer and executive magistrate should conform to Islamic principles and he should decide all cases in accordance with Sharia. The regulation envisages two appellate forums Darul-Darul Qaza and Darul Qaza, which would operate in Malakand region. Darul-Darul Qaza would be equivalent to the Supreme Court and Darul Qaza would have appellate jurisdiction similar to that of a high court. The Darul Qaza would be constituted under Article 198(4) of the Constitution which deals with the appellate jurisdiction of high courts, and the Darul-Darul Qaza would function under Article 183(2) of the Constitution, dealing with the appellate jurisdiction of the Supreme Court. An Ilaqa Qazi should be a duly appointed judicial officer in the province but preference should be given to judicial officers who have completed Sharia courses from a recognised institution. The Sharia Nizam-i-Adl Regulation also repeals the Code of Criminal Procedure (Amendment) Ordinance of 2001 and revives the executive magistracy, including the district magistrate, additional district magistrate, sub-divisional magistrate and other executive magistrates. The system was abolished on Aug 14, 2001. An executive magistrate would be empowered to deal with cases which carry a jail term of up to three years under the Pakistan Penal Code, like breach of peace and public nuisance and cases relating to deviation of licences and permits. The law also abolishes the offices of Muavin-i-Qazi (assistant to qazi) and Aalim Wakeel, provided in the 1999 regulation. Both officials used to guide the Qazi courts in Malakand on Shariah issues. The regulation also focuses on speedy disposal of cases. Qazis would now be bound to decide a civil case within six months and a criminal case within four months. Any Qazi who fails to comply with the schedule would be censured and adverse remarks will be entered in his service record if he receives three letters in a year. According to the new law, the number of pending cases before Zila Qazi, Izafi Zila Qazi and district magistrate should not exceed 150. The maximum number of cases pending before Aala Ilaqa Qazis (senior civil judge), Ilaqa Qazis and executive magistrates should be 200. If pending cases exceed the court`s capacity, the provincial government will be required to set up new courts. The First Schedule of the Regulation enlists 94 laws which will apply to the Malakand region and Kohistan. Apart from the appellate courts, there will be five categories of courts the court of zila Qazi (district and sessions judge); Izafi Zila Qazi (additional district and sessions judge); Aala Ilaqa Qazi (senior civil judge); Ilaqa Qazi (civil judge) and executive magistrate. The regulation also provides a mediation mechanism. Subject to mutual consent of the parties concerned, any civil or criminal case may be referred by a court to a Musleh (mediator) or Musleheen (mediators) before recording evidence. However, cases under the Hudood laws or those against the state cannot be referred to mediators.Malakand division includes seven districts - Swat, Buner, Shangla, Chitral, Malakand, Upper Dir and Lower Dir. The promulgation of the regulation had been due since last year when its first draft was prepared by the caretaker government and further steps were taken when the coalition government of the ANP and PPP was set up in the province after last year`s general elections. REFERENCE: Sharia law enforced in Malakand WASEEM AHMAD SHAH 2009-04-16 00:00:00

Introduction of the Deobandi Scholars by Mullah Muhammad Shafi Okarvi

Ahl-e-Hadith Mullah say that Deobandis & Barelvis are Kaafir

Ahl-e-Hadith Mullah say that Deobandis... by SalimJanMazari

(2009) Taliban to take `struggle` to new areas ISLAMABAD, April 15 Pakistani Taliban will not lay down their arms in a northwestern valley as part of a deal that included the introduction of sharia law but will take their “struggle” to new areas, a militant spokesman said on Wednesday. Details of the deal have not been made public but government officials backing the pact have said part of it was that militants would give up their arms. However, a Pakistani Taliban spokesman in the Swat valley said they would be keeping their guns. “Sharia doesn`t permit us to lay down arms,” Muslim Khan said by telephone. “If a government, either in Pakistan or Afghanistan, continues anti-Muslim policies, it`s out of the question that Taliban lay down their arms.” The government has struggled to come up with an effective strategy to counter terrorism, alternating in different areas between military offensives and peace deals. Some Taliban fighters last week moved out of Swat and into Buner district, only 100km from Islamabad, and Mr Khan said his men would push into new areas. “When we achieve our goal at one place, there are other areas where we need to struggle for it,” he said. Militants infiltrated into Swat in 2007 from strongholds on the Afghan border to the west to support a radical cleric. Mr Khan said militants would go to Afghanistan to fight US-led forces if Afghan Taliban called for help. “Our struggle is for a cause and that`s to enforce Allah`s rule on Allah`s land. We will send mujahideen to Afghanistan if they demand them,” he said. One security analyst, retired Brigadier Syed Mehmood Shah, said peace could be found if the government disarmed the militants “The agreement should be given a chance.” But another said the Swat militants were part of an expanding network.—Reuters REFERENCE: Taliban to take `struggle` to new areas 2009-04-16

History of the Scholars of Deoband by Hakeem Mehmood Ahmed Salafi

Barelvi Mullah says that Dobandis & Wahabis are Kaafir

Barelvi Mullah says that Dobandis & Wahabis are... by SalimJanMazari

2009-04-19 00:00:00 What the Taliban ideology means THE footage recently made public showing the flogging of a girl in Swat and the execution of a man and woman in their 40s reportedly in the Hangu district must have sickened anyone with respect for human rights and dignity. As such, these videos constitute a graphic reminder of the fact that behind the rhetoric of religion, the real face of the Taliban is one of unmixed brutality and murderousness. This should come as no surprise. Since the rise of the Taliban in Afghanistan during the 1990s and in Pakistan more recently, there has been ample evidence that the otherwise harmless moniker — which means `students` — is a mask worn by an ideologically united group that uses tactics of violence, fear and gross coercion to get its way. Given this, it is alarming that Pakistan`s state and society continue to bury their heads in the sand and resort to denial of either specific acts of brutality or the threat in general posed by the Taliban. The most recent example of this approach is an investigation team`s conclusion that the video depicting the whipping of the young woman in Swat was “fake and false”, as indicated by Interior Secretary Kamal Shah. He quoted the final report as saying that that no such incident took place since the girl in question denied it and the area`s residents also expressed their ignorance. Yet anyone who has suffered such an act of barbarity, and who continues to live under the shadow of his or her persecutors, is unlikely to risk inducing their ire further. More dangerous, however, is the reduction of the issue to a debate over whether or not the video was `real` and when exactly the incident took place. This constitutes yet another example of the manner in which the Pakistani state and its citizenry live in denial of the clear and present danger to their personal freedoms. It is precisely this attitude that has allowed the Taliban and others of their ilk to make such deep inroads. Even if this particular video was faked, there is ample evidence otherwise of the Taliban`s brutality. Reports of beheadings, shootings and the coercion of people — who are citizens of Pakistan and residents of Swat — are made public practically everyday. For the survival of values pertaining to freedom, democracy and citizens` rights, the threat posed by the Taliban must be combated not only militarily but also by taking up positions on the ideological battleground from where they fire the salvos. For this to happen, the grotesqueness of the Taliban worldview must first be recognised and then rejected wholesale. The Swati girl`s ordeal sparked outrage across the country; but such graphic footage ought not to be necessary to convince the citizenry of the Taliban`s real face. Living in denial is a luxury that is no longer available to us. REFERENCE: What the Taliban ideology means 2009-04-19

Saudi Wahabi Fatwa Against Takfir (Apostasy) of Muslim Rulers

Barelvi Scholar Kaukab Noorani Okarvi says Deobandis are Kaafir

Barelvi Scholar Kaukab Noorani Okarvi says... by SalimJanMazari

(2009) There are no indications that the Taliban are doing anything to uphold their end of the deal. Sufi Mohammad has declared that the high courts and the Supreme Court of Pakistan should no longer have appellate power over judgments handed down by the so-called Sharia courts established under the Nizam-i-Adl agreement. Arguing that the judicial system laid out in the country`s constitution is `un-Islamic`, he has demanded that the regular court system be replaced with the Darul Qazas as the only forum for filing appeals that will then be decided in line with what Sufi Mohammad vaguely calls `Islamic principles`. The demand constitutes cause for the gravest concern since, if accepted, it will remove the existing courts from the jurisdiction of the country`s judicial system. Appellate power will go to Darul Qazas headed by qazis with no legal training and appointed by Sufi Mohammad himself. In attempting to decide cases in line with `Islamic injunctions` that have never been defined in full, the qazis will effectively be not only making their own laws but making them according to the Tehrik-i-Taliban Pakistan and Sufi Mohammad`s own skewed version of the Sharia. Not only does this put paid to any chance of transparency or justice in Swat and Malakand, it bodes ill for the rest of the country as well, given the Taliban`s expansionist tendencies. Sufi Mohammad`s latest demand is a potent example of the fallout that can be expected since the government cut a shadowy deal with the Taliban, the full details of which remain unclear. On available evidence, the militants make ever-increasing demands under the banner of the Nizam-i-Adl, and the government, after some dragging of the heels, capitulates. But there are no indications that the Taliban are doing anything to uphold their end of the deal — which was to bring an end to terrorist activities and allow the government to regain administrative control of the area. Far from laying down arms, at the very time the deal was being brokered the Taliban were expanding their operations to Buner and Mansehra. Meanwhile, Sufi Mohammad has claimed that criminals accused of murder, extortion and terrorism cannot be brought to book. Furthermore, the demand illustrates how Sufi Mohammad has used his position as peace-broker to manoeuvre greater power and relevance towards the extreme right-wing agenda. It underscores the danger inherent in depending for peace on the man who heads the TNSM, an organisation banned for its militant and subversive activities, and whose credentials in terms of respecting the jurisdiction of the lawful government are extremely suspect. REFERENCE: Fallout of the deal 2009-04-21 00:00:00

Hakimullah Mehsud's Views on Pakistan Army, Pakistanis & Democracy

Hakimullah Mehsud's Views on Pakistan Army... by SalimJanMazari

2005-09-01 Hasba bill infringes personal freedom: SC ISLAMABAD, Aug 31: The Supreme Court on Wednesday ruled that the state cannot enforce any religious obligation stipulated by Islam, except Sallat (prayers) and Zakat. Authored by Chief Justice of Pakistan Justice Iftikhar Mohammad Chaudhry, a 106-page detailed judgment, said that Islamic jurists were unanimous on a point that though zakat was seriously enforced by Hazrat Abu Bakar but for sallat, the only way was through “Taleem” (education), “Tableegh” (preaching) and “Targheeb” (persuasion). The court agreed that private life, personal thoughts and individual beliefs of citizens could not be allowed to be interfered with and held that under the Hasba Bill, the NWFP Assembly had conferred judicial powers on “Mohtasib” (ombudsman) not only to inquire into cases of maladministration of government agencies but also religious and personal affairs of individuals and blocking powers of judicial review by civil and criminal courts. On August 4, a nine-member Supreme Court bench had declared several clauses of the Hasba bill relating to powers of the mohtasib as contrary to the constitution and had advised the NWFP governor not to give his assent to the controversial law. The unanimous short-order was announced after four-day hearing on a reference filed by President General Musharraf against the bill under the advisory jurisdiction of the court. Instead of showing haste, the NWFP government should have studied in depth all the reports of the Council of Islamic Ideology (CII) before moving the Hasba bill in the assembly, under which discretionary powers have been conferred on mohtasib to create a new offence in consultation with the provincial advisory council, the CJ observed in the detailed judgment. About mohtasib’s powers to remove causes of dereliction in performance and proper arrangements of Eidain and Friday prayers, the CJ observed that offering of prayer was a personal obligation on an individual being the Haqooq Allah. Religiously, mohtasib is not authorized to check negligence or disregard of a person who abandons sallat. Allowing such interference by mohtasib would deny an individual’s right of freedom to profess religion, the CJ said. It is therefore not correct to suggest that the Hasba bill is in accordance with Islam and if the legislation is accepted and made into law, then a citizen who is held responsible for dereliction will be liable to six-month punishment on the hukumnama (order) of the mohtasib when Sharia does not mandate imposition of penalties on vague offences. The only objective behind making available Hasba police to mohtasib is to strengthen the arms of mohtasib, to implement his hukumnama by force, if need be, the CJ said. Under the law, mohtasib would also have direct interference/access in the family functions in the garb of discouraging extravagance at the time of marriages and other family functions, thus interfering in personal life, freedom of assembly, liberty, dignity and privacy, which is strictly prohibited in Islam. Tracing the history, the CJ recalled that the institution of the office of Hasba did not exist at the time of the Holy Prophet (PBUH) and the Khulfa-e-Rashideen. Initially the office of “Amil-al-suk” was created by “Ummayyads” to regulate markets, but later it was expanded into the office of the mohtasib by the “Abbasids.” History reveals that the term mohtasib was used during the Khilafat of Qazi Mamoon-ur-Rashid when mohtasib used to look after the market business in addition to his religious duties like to reform social life. During the period, the duties of the mohtasib was to inspect instruments of the scales of weights and measures, which were so complicated that the people could be easily deceived. In addition, their duties include keeping vigilant eye over shortcomings and dishonesty that could be committed during preparation and sale of commodities. The judgment also explained that by declaring some sections of the bill as unconstitutional does not mean that leftover sections have been declared in accordance with the constitution. Their constitutionality remains open to be questioned, which can be upheld or struck down as or when challenged before a competent forum. Meanwhile Justice Sardar Mohammad Raza Khan in his separate note expressed reservations on the definition of Aalim (scholar) in the Hasba bill and held that the definition was discriminatory and restricted to only one school of thought. REFERENCE: Hasba bill infringes personal freedom: SC 2005-09-01 Top MMA Leader Tries to Convince Pentagon, NSC on Hardline Islamic Law WASHINGTON DC, July 19, 2005 | ISSN: 1684-2057 |

Sufi Muhammad & Takfiri Ideology (Salim Safi 3 May 2009 GEO TV)

Sufi Muhammad & Takfiri Ideology (Salim Safi 3... by SalimJanMazari

(2005) Hasba restricts basic rights: SC * ISLAMABAD: The Supreme Court (SC), in its detailed reasons for rejecting the Hasba Bill of the NWFP government, has ruled that no legislation could be made to interfere with the private life, personal thoughts and individual beliefs of citizens. In its 106-page detailed unanimous judgement, the SC has laid the onus on the rationale that Hasba was a discriminatory and unconstitutional legislation which gave discretionary powers to the newly envisaged office of 'mohtasib', leading to interference in the personal life of citizens and establishing parallel offices of executive and judiciary. "It is observed that private life, personal thoughts and the individual beliefs of citizens cannot be allowed to be interfered with. Islamic jurists are unanimous on the point that except salat (prayer) and zakat (alms) no other religious obligation stipulated by Islam can be enforced by the state," states the detailed judgement. The NWFP Assembly passed the Hasba Bill on July 14 with a majority of 68 votes against 34 opposition votes. The bill envisaged an office of mohtasib with special powers to implement Islamic laws in the province. However, President Pervez Musharraf filed a reference the next day seeking the SC's opinion on the Hasba Bill under its advisory jurisdiction. A nine-member SC bench consisting of Chief Justice Iftikhar Muhammad Chaudhry and Justices Javed Iqbal, Abdul Hameed Dogar, Sardar Muhammad Raza Khan, Muhammad Nawaz Abbasi, Faqir Muhammad Khokhar, Mian Shakirullah Jan, Javed Buttar and Sayed Saeed Ashhad heard the presidential reference pleaded by Attorney General Makhdoom Ali Khan while Advocate Khalid Anwar appeared on behalf of the NWFP government. The SC bench conducted the reference's hearing for four consecutive days and pronounced its short judgement on August 4. The SC judgement declared that Section 10 (sub sections b, c and d); Section 12 (1) (sub section a, b and c); Section 23 (sub sections 1, 2, 3, 5, 6, 7, 12, 14 and 27); Section 25 (1 and 2) and Section 28 of the Hasba Bill 2005 passed by the NWFP Assembly were ultra vires to the Constitution. The SC also ruled that the NWFP governor may not assent to the bill in its present form. The sections declared unconstitutional by the SC relate to the powers and duties of the mohtasib, the implementation of his orders, his special powers to implement the Islamic code, restriction on other courts to proceed against the mohtasib's orders and the punishment prescribed for violation of the mohtasib's orders. In the detailed reasons, the SC rejected the mohtasib's office with the contention that "a mohtasib would have direct interference in the family functions in the garb of discouraging extravagance at the time of marriages and other family functions. Such exercise of powers would not only interfere in the citizens personal life, freedom of assembly, liberty, dignity and privacy which is strictly prohibited in Islam". REFERENCE: Detailed judgement on Hasba Bill: Hasba restricts basic rights: SC * State can't enforce religious obligation except salat and zakat BY Mohammad Kamran , September 01, 2005 Top MMA Leader Tries to Convince Pentagon, NSC on Hardline Islamic Law WASHINGTON DC, July 19, 2005 | ISSN: 1684-2057 |

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