On Pakistan and the Theory & Practice of the Islamic State: An Excerpt from the Munir Report of 1954

On Pakistan and the Theory & Practice of the Islamic State: An Excerpt from the Munir Report of 1954

 

From REPORT of THE COURT OF INQUIRY constituted under PUNJAB ACT II OF 1954 to enquire into the PUNJAB DISTURBANCES OF 1953 “Munir Report”

 

“ISLAMIC STATE
It has been repeatedly said before us that implicit in the demand for Pakistan was the demand for an Islamic State. Some speeches of important leaders who were striving for Pakistan undoubtedly lend themselves to this construction. These leaders while referring to an Islamic State or to a State governed by Islamic laws perhaps had in their minds the pattern of a legal structure based on or mixed up with Islamic dogma, personal law, ethics and institutions. No one who has given serious thought to the introduction of a religious State in Pakistan has failed to notice the tremendous difficulties with which any such scheme must be confronted. Even Dr. Muhammad Iqbal, who must be considered to be the first thinker who conceived of the possibility of a consolidated North Western Indian Muslim State, in the course of his presidential address to the Muslim League in 1930 said:

“Nor should the Hindus fear that the creation of autonomous Muslim States will mean the introduction of a kind of religious rule in such States. The principle that each group is entitled to free development on its own lines is not inspired by any feeling of narrow communalism”.

When we come to deal with the question of responsibility we shall have the occasion to point out that the most important of the parties who are now clamouring for the enforcement of the three demands on religious grounds were all against the idea of an Islamic State. Even Maulana Abul Ala Maudoodi of Jama’at-i-Islami was of the view that the form of Government in the new Muslim State, if it ever came into existence, could only be secular.

Before the Partition, the first public picture of Pakistan that the Quaid-i-Azam gave to the world was in the course of an interview in New Delhi with Mr. Doon Campbell, Reuter’s Correspondent. The Quaid-i-Azam said that the new State would be a modern democratic State, with sovereignty resting in the people and the members of the new nation having equal rights of citizenship regardless of their religion, caste or creed. When Pakistan formally appeared on the map, the Quaid-i-Azam in his memorable speech of 11th August 1947 to the Constituent Assembly of Pakistan, while stating the principle on which the new State was to be founded, said:—

 

“All the same, in this division it was impossible to avoid the question of minorities being in one Dominion or the other. Now that was unavoidable. There is no other solution. Now what shall we do? Now, if we want to make this great State of Pakistan happy and prosperous we should wholly and solely concentrate on the well-being of the people, and specially of the masses and the poor. If you will work in co-operation, forgetting the past, burying the hatchet, you are bound to succeed. If you change your past and work together in a spirit that every one of you, no matter to what community he belongs, no matter what relations he had with you in the past, no matter what is his colour, caste or creed, is first, second and last a citizen of this State with equal rights, privileges and obligations., there will be no end to the progress you will make. “I cannot emphasise it too much. We should begin to work in that spirit and in course of time all these angularities of the majority and minority communities—the Hindu community and the Muslim community— because even as regards Muslims you have Pathana, Punjabis, Shias, Sunnis and so on and among the Hindus you have Brahmins, Vashnavas, Khatris, also Bengalis, Madrasis and so on—will vanish. Indeed if you ask me this has been the biggest hindrance in the way of India to attain its freedom and independence and but for this we would have been free peoples long long ago. No power can hold another nation, and specially a nation of 400 million souls in subjection; nobody could have conquered you, and even if it had happened, nobody could have continued its hold on you for any length of time but for this (Applause). Therefore, we must learn a lesson from this. You are free; you are free to go to your temples, you are free to go to your mosques or to any other places of worship in this State of Pakistan. You may belong to any religion or caste or creed— that has nothing to do with the business of the State (Hear, hear). As you know, history shows that in England conditions sometime ago were much worse than those prevailing in India today. The Roman Catholics and the Protestants persecuted each other. Even now there are some States in existence where there are discriminations made and bars imposed against a particular class. Thank God we are not starting in those days. We are starting in the days when there is no discrimination, no distinction between one community and another, no discrimination between one caste or creed and another. We are starting with this fundamental principle that we are all citizens and equal citizens of one State (Loud applause). The people of England in course of time had to face the realities of the situation and had to discharge the responsibilities and burdens placed upon them by the Government of their country and they went through that fire step by step. Today you might say with justice that Roman Catholics and Protestants do not exist: what exists now is that every man is a citizen, an equal citizen, of Great Britain and they are all members of the nation. “Now, I think we should keep that in front of us as our ideal and you will find that in course of time Hindus would cease to be Hindus and Muslims would cease to be Muslims, not in the religious sense, because that is the personal faith of each individual, but in the political sense as citizens of the State”.

The Quaid-i-Azam was the founder of Pakistan and the occasion on which he thus spoke was the first landmark in the history of Pakistan. The speech was intended both for his own people including non-Muslims and the world, and its object was to define as clearly as possible the ideal to the attainment of which the new State was to devote all its energies. There are repeated references in this speech to the bitterness of the past and an appeal to forget and change the past and to bury the hatchet. The future subject of the State is to be a citizen with equal rights, privileges and obligations, irrespective of colour, caste, creed or community. The word ‘nation’ is used more than once and religion is stated to have nothing to do with the business of the State and to be merely a matter of personal faith for the individual.

 

We asked the ulama whether this conception of a State was acceptable to them and everyone of them replied in an unhesitating negative, including the Ahrar and erstwhile Congressites with whom before the Partition this conception was almost a part of their faith.

 

If Maulana Amin Ahsan Islahi’s evidence correctly represents the view of Jama’at-i-Islami, a State based on this idea is the creature of the devil, and he is confirmed in this by several writings of his chief, Maulana Abul Ala Maudoodi, the founder of the jama’at. None of the ulama can tolerate a State which is based on nationalism and all that it implies; with them millat and all that it connotes can alone be the determining factor in State activity.

 

The Quaid-i-Azam’s conception of a modern national State, it is alleged, became obsolete with the passing of the Objectives Resolution on 12th March 1949; but it has been freely admitted that this Resolution, though grandiloquent in words, phrases and clauses, is nothing but a hoax and that not only does it not contain even a semblance of the embryo of an Islamic State but its provisions, particularly those relating to fundamental rights, are directly opposed to the principles of an Islamic State.

 

 

FOUNDATIONS OF ISLAMIC STATE

What is then the Islamic State of which everybody talks but nobody thinks? Before we seek to discover an answer to this question, we must have a clear conception of the scope and function of the State.

The ulama were divided in their opinions when they were asked to cite some precedent of an Islamic State in Muslim history. Thus, though Hafiz Kifayat Husain, the Shia divine, held out as his ideal the form of Government during the Holy Prophet’s time, Maulana Daud Ghaznavi also included in his precedent the days of the Islamic Republic, of Umar bin Abdul Aziz, Salah-ud-Din Ayyubi of Damascus, Sultan Mahmud of Ghazni, Muhammad Tughlaq and Aurangzeb and the present regime in Saudi Arabia. Most of them, however, relied on the form of Government during the Islamic Republic from 632 to 661 A. D., a period of less than thirty years, though some of them also added the very short period of Umar bin Abdul Aziz.

Maulana Abdul Haamid Badayuni stated that the details of the ideal State would be worked out by the ulama while Master Taj-ud-Din Ansari’s confused notion of an Islamic State may be gathered from the following portion of his interrogation :—

“Q.—Were you also in the Khilafat movement ?
A.—Yes.
Q.—When did the Khilafat movement stop in India ?
A.—In 1923. This was after the Turks had declared their country to be a secular State.
Q.—If you are told that the Khilafat movement continued long after the Turks had abolished Khilafat, will that be correct?
A.—As far as I remember, the Khilafat movement finished with the abolition of the Khilafat by the Turks.
Q.—You are reported to have been a member of the Khilafat movement and having made speeches. Is it correct ?
A.—It could not be correct.
Q.—Was the Congress interested in Khilafat ?
A.— Yes.
Q.—Was Khilafat with you a matter of religious conviction or just a political movement ?
A.— It was purely a religious movement.
Q.— Did the Khilafat movement have the support of Mr Gandhi ?
A.—Yes.
Q.— What was the object of the Khilafat movement ?
A.— The Britisher was injuring the Khilafat institution in Turkey and the Musalman was aggrieved by this attitude of the Britisher.
Q.— Was not the object of the movement to resuscitate the Khilafat among the    Musalmans ?
A.—No.
Q.— Is Khilafat with you a necessary part of Muslim form of Government ?
A.—Yes.
Q.— Are you, therefore, in favour of having a Khilafat in Pakistan ?
A.—Yes.
Q.— Can there be more than one Khalifa of the Muslims ?
A.— No.
Q.— Will the Khalifa of Pakistan be the Khalifa of all the Muslims of the world ?
A.— He should be but cannot be.”

Throughout the three thousand years over which political thought extends, and such thought in its early stages cannot be separated from religion, two questions have invariably presented themselves for consideration : —

(1) what are the precise functions of the State ? and
(2) who shall control the State ?

If the true scope of the activities of the State is the welfare, temporal or spiritual or both of the individual, then the first question directly gives rise to the bigger question:

What is the object of human life and the ultimate destiny of man? On this, widely divergent views have prevailed, not at different times but at one and the same time. The pygmies of equatorial West Africa still believe that their God Komba has sent them into the forest to hunt and dance and sing. The Epicureans meant very much the same when they said that the object of human life is to drink and eat and be merry, for death denies such pleasures. The utilitarians base their institutions on the assumption that the object of human life is to experience pleasant sensations of mind and body, irrespective of what is to come hereafter. The Stoics believed in curbing and reducing all physical desires, and Diogenes found a tub good enough to live in. German philosophers think that the individual lives for the State and that therefore the object of life is service of the State in all that it might decide to undertake and achieve. Ancient Hindu philosophers believed in the logic of the fist with its natural consequence, the law of natural selection and the struggle for survival. The Semitic theory of State, whether Jewish, Christian or Islamic, has always held that the object of human life is to prepare ourselves for the next life and that, therefore, prayer and good works are the only object of life. Greek philosophers beginning with Socrates thought that the object of human life was to engage in philosophical meditation with a view to discovering the great truths that lie in nature and that the business of the others is to feed the philosophers engaged in that undertaking.

Islam emphasises the doctrine that life in this world is not the only life given to man but that eternal life begins after the present existence comes to an end, and that the status of a human being in the next world will depend upon his beliefs and actions in this world. As the present life is not an end in itself but merely a means to an end, not only the individual but also the State, as opposed to the secular theory which bases all political and economic institutions on a disregard of their consequences on the next life, should strive for human conduct which ensures for a person better status in the next world.

According to this theory Islam is the religion which seeks to attain that object. Therefore the question immediately arises : What is Islam and who is a momin or a Muslim ? We put this question to the ulama and we shall presently refer to their answers to this question. But we cannot refrain from saying here that it was a matter of infinite regret to us that the ulama whose first duty should be to have settled views on this subject, were hopelessly disagreed among themselves.

Apart from how these learned divines have expressed themselves, we conceive of Islam as a system that covers, as every systematic religion must, the following five topics :—
(1) the dogma, namely, the essentials of belief ;
(2) the cult, namely, religious rites and observances which a person must
perform ;
(3) ethics, i. e. rules of moral conduct ;
(4) institutions, social, economic and political ; and
(5) law proper.

The essential basis of the rules on all these subjects is revelation and not reason, though both may coincide. This coincidence, however, is accidental because human reasoning may be faulty and ultimate reason is known only to God, Who sends His message to humanity through His chosen messengers for the direction and guidance of the people. One must, therefore, accept the dogma, observe the cult, follow the ethics, obey the law and establish institutions which God has revealed, though their reason may not be apparent—nay even if they be opposed to human reason. Since an error by God is an impossibility, anything that God has revealed, whether its subject be something occult or preternatural, history, finance, law, worship or something which according to human thought admits of scientific treatment as for instance, birth of man, evolution, cosmology, or astronomy, has got to be accepted as absolute truth. The test of reason is not the acid test and a denial of this amounts to a denial of the supreme wisdom and designs of Allah—it is kufr. Now God has revealed Himself from time to time to His favoured people of whom our Holy Prophet was the last. That revelation is contained in the Qur’an and covers the five topics mentioned above. The true business of a person who believes in Islam is therefore to understand, believe in and act upon that revelation. The people whom God chooses as medium for the transmission of His messages are rasuls (messengers) or nabis (prophets). Since every action or saying of a prophet is, in the case of our own Holy Prophet it certainly was, prompted by Allah, it has the same degree of inerrancy as the formal revelation itself, because prophets are ma’sum, incapable of doing or saying something which is opposed to Divine wishes. These sayings and actions are sunna having the same infallibility as the Qur’an. The record of this sunna is hadith which is to be found in several books which were compiled by Muslim scholars after long, laborious and careful research extending over several generations.

The word hadith means a record of actions or sayings of the Prophet and his companions. At first the sahaba. i. e. people who had lived in the society of the Prophet, were the best authority for a knowledge of the sunna. Later people had to be content with the communications of the tabi’un, i. e. successors, people of the first generation after the Holy Prophet who had received their information from the sahaba, and then in the following generations with the accounts of the so-called successors of the successors (tabi’ul-tabi’un), i.e. people of the second generation after the Holy Prophet, who had concerted with the successors. Marfu’ is a tradition which contains a statement about the Prophet ; mawquf, a tradition that refers only to the sayings or doings of the sahaba ; and maqtu’ a tradition which does not at most go further back than the first generation after the Holy Prophet and deals only with sayings or doings of tabi’un. In some of the ahadith the actual word of God is to be found. Any such tradition is designated Hadith-i-Qudsi or Ilahi as distinguished from an ordinary Hadith-i-Nabvi.

A very large portion of sayings ascribed to the Prophet deals with the ahkam (legal professions), religious obligations, halal and haram (what is allowed and forbidden), with ritual purity, laws regarding food and criminal and civil law. Further they deal with dogma, retribution at the Last Judgment, hell and paradise, angels, creation, revelations, the earlier prophets. Many traditions also contain edifying sayings and moral teachings by the Holy Prophet. The importance of ahadith was realised from the very beginning and they were not only committed to memory but in some cases were reduced to writing. The work of compilation of hadith began in the third century after the Hijra and the Sihah Sitta were all compiled in that century. These are the musannifs of —
(1) Al-Bukhari, died 256/870,
(2) Muslim, died 261/875,
(3) Abu Dawud, died 275/888,
(4) Al-Tirmizi, died 279/892,
(5) All Nasa’i, died 303/915, and
(6) Ibn-i-Maja, died 273/886.

According to modern laws of evidence, including our own, the ahadith are inadmissible evidence of sunna because each of them contains several links of hearsay, but as authority on law they are admissible pro prio vigore. The merit of these collections lies not so much in the fact that (as is often wrongly stated) their authors decided for the first time which of the numerous traditions in circulation were genuine and which false but rather in the fact that they brought together everything that was recognised as genuine in orthodox circles in those days.

The Shias judge hadith from their own stand-point and only consider such traditions reliable as are based on the authority of Ali and his adherents. They have, therefore, their own works on the subject and hold the following five works in particularly high esteem—
(1) Al-Kafi of Muhammad b. Yaqub Al-Kulini, died 328/939,
(2) Man La Yastahdiruhu’ul-Fakih of Muhammad b. Ali b. Babuya Al-Kummi,
died 381/991,
(3) Tahdib Al-Ahkam,
(4) Al-Istibsar Fi-Ma’khtalafa Fihi’l-Akhbar (extract from the preceding) of
Muhammad Altusi, died 459/1067, and
(5) Nahj Al-Balagha (alleged sayings of Ali) of Ali b. Tahir Al-Sharif Al-Murtaza, died 436/1044 (or of his brother Radi Al-Din Al-Baghdadi.)

After the ritual, the dogma and the most important political and social institutions had taken definite shape in the second and third centuries, there arose a certain communis opinio regarding the reliability of most transmitters of tradition and the value of their statement. The main principles of doctrine had already been established in the writings of Malik b. Anas, Al-Shafi’i and other scholars regarded as authoritative in different circles and mainly on the authority of traditional sayings of the Holy Prophet. In the long run no one dared to doubt the truth of these traditions and this almost conclusive presumption of truth has since continued to be attached to the ahadith compiled in the Sihah Sitta.

We have so far arrived at this result that any rule on any subject that may be derived from the Qur’an or the sunna of the Holy Prophet is binding on every Musalman. But since the only evidence of sunna is the hadith, the words sunna and hadith have become mixed up with, and indistinguishable from, each other with the result that the expression Qur’an and hadith is not infrequently employed where the intention is to refer to Qur’an and sunna.

At this stage another principle, equally basic, comes into operation, and that is that Islam is the final religion revealed by God, complete and exhaustive in all respects, and that God will not abrogate, detract from or add to this religion (din) any more than He will send a fresh messenger. The din having been perfected (Akmalto lakum dinokum, Sura V, verse 3), there remains no need for any new code repealing, modifying or amplifying the original code; nor for any fresh messenger or message. In this sense, therefore, prophethood ceased with the Holy Prophet and revelation stopped for ever. This is the doctrine of the cessation of wahi-i-nubuwwat.

If the proposition that Muslim dogma, ethics and institutions, etc., are all based on the doctrine of inerrancy, whether such inerrancy lies in the Qur’an, the sunna, ijma’ or ijtihad-i-mutlaq, is fully comprehended, the various deductions that follow from it will be easily understandable. As the ultimate test of truth, whether the matter be one of a ritual or political or social or economic nature, is revelation and revelation has to be gathered from the Qur’an, and the sunna carries almost the same degree of inerrancy as revelation and the only evidence of sunna is hadith, the first duty of those who desire to establish an Islamic State will be to discover the precise rule applicable to the existing circumstances whether that rule is to be found in the Qur’an or hadith. Obviously the persons most suited for the purpose would be those who have made the Qur’an and hadith their lifelong study, namely, among the Sunnies, the ulama, and among the Shias, the mujtahids who are the spokesmen of the hidden Imam, the ruler de jure divino. The function of these divines would be to engage themselves in discovering rules applicable to particular situations and they will be engaged in a task similar to that in which Greek philosophers were engaged, with only this difference that whereas the latter thought that all truth lay in nature which had merely to be discovered by individual effort, the ulama and the mujtahids will have to get at the truth that lies in the holy Book and the books of hadith.

The ulama Board which was recommended by the Basic Principles Committee was a logical recognition of this principle, and the true objection against that Board should indeed have been that the Board was too inadequate a mechanism to implement the principle which had brought that body into existence.

Ijma’ means concurrence of the mujtahids of the people, i.e., of those who have a right, in virtue of knowledge, to form a judgment of their own, after the death of the Holy Prophet. The authority of ijma’ rests on the principle of a divine protection against error and is founded on a basal tradition of the Holy Prophet, “My people will never agree in error”, reported in Ibn Maja, By this procedure points which had been in dispute were fixed, and when fixed, they became an essential part of the faith and disbelief in them an act of unbelief (kufr). The essential point to remember about ijma’ is that it represents the agreement of the mujtahids and that the agreement of the masses is especially excluded.

Thus ijma’ has not only fixed unsettled points but has changed settled doctrines of the greatest importance.

The distinction between ijma’ and ijtihad is that whereas the former is collective, the latter is individual. Ijtihad means the exerting of one’s self to the utmost degree to form an opinion in a case or as to a rule of law. This is done by applying analogy to the Qur’an and the sunna. Ijtihad did not originally involve inerrancy, its result being always zann or fallible opinion. Only combined ijtihad led to ijma, and was inerrant. But this broad ijtihad soon passed into special ijtihad of those who had a peculiar right to form judgments. When later doctors looked back to the founding of the four legal schools, they assigned to their founders an ijtihad of the first rank (ijtihad-i-mutlaq). But from time to time individuals appeared who returned to the earliest meaning of ijtihad and claimed for themselves the right to form their own opinion from first principles. One of these was the Hanbalite Ibn Taimiya (died 728). Another was Suyuti (died 911) in whom the claim to ijtihad unites with one to be the mujaddid or renewer of religion in his century. At every time there must exist at least one mujtahid, was his contention, just as in every century there must come a mujaddid.

In Shia Islam there are still absolute mujtahids because they are regarded as the spokesmen of the hidden Imam. Thus collective ijtihad leads to ijma’, and the basis of ijma’ is divine protection against error—inerrancy.

 

 

ESSENTIALS OF ISLAMIC STATE
Since the basis of Islamic law is the principle of inerrancy of revelation and of the Holy Prophet, the law to be found in the Qur’an and the sunna is above all man-made laws, and in case of conflict between the two, the latter, irrespective of its nature, must yield to the former. Thus, provided there be a rule in the Qur’an or the sunna on a matter which according to our conceptions falls within the region of Constitutional Law or International Law, the rule must be given effect to unless that rule itself permits a departure from it. Thus no distinction exists in Islamic law between Constitutional Law and other law, the whole law to be found in the Qur’an and the sunna being a part of the law of the land for Muslim subjects of the State. Similarly if there be a rule in the Qur’an or the sunna relating to the State’s relations with other States or to the relations of Muslim subjects of the State with other States or the subjects of those States, the rule will have the same superiority of sanction as any other law to be found in the Qur’an or the sunna.

Therefore if Pakistan is or is intended to be converted into an Islamic State in the true sense of the word, its Constitution must contain the following five provisions:—

(1) that all laws to be found in the Qur’an or the sunna shall be deemed to be a part of the law of the land for Muslims and shall be enforced accordingly;
(2) that unless the Constitution itself is framed by ijma’-i-ummat, namely, by the agreement of the ulama and mujtahids of acknowledged status, any provision in the Constitution which is repugnant to the Qur’an or sunna shall to the extent of the repugnancy be void;
(3) that unless the existing laws of Pakistan are adapted by ijma’-i-ummat of the kind mentioned above, any provision in the existing law which is contrary to the Qur’an or sunna shall to the extent of the repugnancy be void;
(4) that any provision in any future law which is repugnant to Qur’an or sunna shall be void;
(5) that no rule of International Law and no provision in any convention or treaty to which Pakistan is a party, which is contrary to the Qur’an or the sunna shall be binding on any Muslim in Pakistan.

 

 

SOVEREIGNTY AND DEMOCRACY IN ISLAMIC STATE
That the form of Government in Pakistan, if that form is to comply with the principles of Islam, will not be democratic is conceded by the ulama. We have already explained the doctrine of sovereignty of the Qur’an and the sunna. The Objectives Resolution rightly recognised this position when it recited that all sovereignty rests with God Almighty alone. But the authors of that Resolution misused the words ‘sovereign’ and ‘democracy’ when they recited that the Constitution to be framed was for a sovereign State in which principles of democracy as enunciated by Islam shall be fully observed.

It may be that in the context in which they were used, these words could not be misunderstood by those who are well versed in Islamic principles, but both these words were borrowed from western political philosophy and in that sense they were both wrongly used in the Resolution. When it is said that a country is sovereign, the implication is that its people or any other group of persons in it are entitled to conduct the affairs of that country in any way they like and untrammelled by any considerations except those of expediency and policy. An Islamic State, however, cannot in this sense be sovereign, because it will not be competent to abrogate, repeal or do away with any law in the Qur’an or the sunna. Absolute restriction on the legislative power of a State is a restriction on the sovereignty of the people of that State and if the origin of this restriction lies elsewhere than in the will of the people, then to the extent of that restriction the sovereignty of the State and its people is necessarily taken away. In an Islamic State, sovereignty, in its essentially juristic sense, can only rest with Allah. In the same way, democracy means the rule of the demos, namely, the people, directly by them as in ancient Greece and Rome, or indirectly through chosen representatives as in modern democracies. If the power of the people in the framing of the Constitution or in the framing of the laws or in the sphere of executive action is subject to certain immutable rules, it cannot be said that they can pass any law that they like, or, in the exercise of executive functions, do whatever they like. Indeed if the legislature in an Islamic State is a sort of ijma’, the masses are expressly disqualified from taking part in it because ijma’-i-ummat in Islamic jurisprudence is restricted to ulama and mujtahids of acknowledged status and does not at all extend, as in democracy, to the populace.

 

 

OTHER INCIDENTS OF ISLAMIC STATE ACCORDING TO ULAMA

In the preceding pages we have attempted to state as clearly as we could the principles on which a religious State must be built if it is to be called an Islamic State. We now proceed to state some incidents of such State, with particular reference to the ulamas’ conception of it.

 

 

LEGISLATURE AND LEGISLATION

Legislature in its present sense is unknown to the Islamic system. The religiopolitical system which is called din-i-Islam is a complete system which contains in itself the mechanism for discovering and applying law to any situation that may arise. During the Islamic Republic there was no legislature in its modern sense and for every situation or emergency that arose law could be discovered and applied by the ulama. The law had been made and was not to be made, the only function of those entrusted with the administration of law being to discover the law for the purposes of the particular case, though when enunciated and applied it formed a precedent for others to follow. It is wholly incorrect, as has been suggested from certain quarters, that in a country like Pakistan, which consists of different communities, Muslim and non-Muslim, and where representation is allowed to non-Muslims with a right to vote on every subject that comes up, the legislature is a form of ijma’ or ijtihad, the reason being that ijtihad is not collective but only individual, and though ijma’ is collective, there is no place in it for those who are not experts in the knowledge of the law. This principle at once rules out the infidels (kuffar) whether they be people of Scriptures (ahl-i-kitab) or idolators (mushrikeen).

Since Islam is a perfect religion containing laws, express or derivable by ijma’ or ijtihad, governing the whole field of human activity, there is in it no sanction for what may, in the modern sense, be called legislation.

Questioned on this point Maulana Abul Hasanat, President, Jami’at-ul-Ulama-i-Pakistan says :—

“Q.—Is the institution of legislature as distinguished from the institution of a person or body of persons entrusted with the interpretation of law, an integral part of an Islamic State?
A.—No. Our law is complete and merely requires interpretation by those who are experts in it. According to my belief no question can arise the law relating to which cannot be discovered from the Qur’an or the hadith.
Q.—Who were Sahib-ul-hall-i-wal-aqd
A.—They were the distinguished ulama of the time. These persons attained their status by reason of the knowledge of the law. They were not in any way analogous or similar to the legislature in modern democracy.”

The same view was expressed by Amir-i-Shari’at Sayyad Ata Ullah Shah Bukhari in one of his speeches reported in the ‘Azad’ of 22nd April, 1947, in the course of which he said that our din is complete and perfect and that it amounts to kufr to make more laws.

Maulana Abul Ala Maudoodi, however, is of the opinion that legislation in the true sense is possible in an Islamic State on matters which are not covered by the Qur’an, the sunna, or previous ijma’ and he has attempted to explain his point by reference to the institution of a body of persons whom the Holy Prophet, and after him the khulafa consulted on all matters relating to affairs of State. The question is one of some difficulty and great importance because any institution of legislature will have to be reconciled with the claim put forward by Maulana Abul Hasanat and some other religious divines that Islam is a perfect and exhaustive code wide enough to furnish an answer to any question that may arise relating to any human activity, and that it does not know of any “unoccupied field” to be filled by fresh legislation. There is no doubt that Islam enjoins consultation and that not only the Holy Prophet but also the first four caliphs and even their successors resorted to consultation with the leading men of the time, who for their knowledge of the law and piety could well be relied upon.

In the inquiry not much has been disclosed about the Majlis-i-Shura except what is contained in Maulana Abul Ala Maudoodi’s written statement which he supplied to the Court at its request. That there was a body of men who were consulted is true, but whether this was a standing body and whether its advice had any legal or binding force, seems somewhat doubtful. These men were certainly not elected in the modern way, though their representative character cannot be disputed. Their advice was certainly asked ad hoc, but that they were competent to make law as the modern legislatures make laws is certainly not correct. The decisions taken by them undoubtedly served as precedents and were in the nature of ijma’, which is not legislation but the application of an existing law to a particular case. When consulted in affairs of State, their functions were truly in the nature of an advice given by a modern cabinet but such advice is not law but only a decision.

Nor can the legislature in a modern State correspond to ijma’ because as we have already pointed out, the legislature legislates while the ulama of Majlis-i-Shura who were called upon to determine what should be the decision on a particular point which was not covered by the Qur’an and the sunna, merely sought to discover and apply the law and not to promulgate the law, though the decision when taken had to be taken not only for the purposes of the particular case but for subsequent occasions as a binding precedent.

An intriguing situation might arise if the Constitution Act provided that any provision of it, if it was inconsistent with the Qur’an or the sunna, would be void, and the intra vires of a law made by the legislature were questioned before the Supreme Court on the ground that the institution of legislature itself was contrary to the Qur’an and the sunna.

POSITION OF NON-MUSLIMS

The ground on which the removal of Chaudhri Zafrullah Khan and other Ahmadis occupying key positions in the State is demanded is that the Ahmadis are non-Muslims and that therefore like zimmies in an Islamic State they are not eligible for appointment to higher offices in the State. This aspect of the demands has directly raised a question about the position of non-Muslims in Pakistan if we are to have an Islamic Constitution.

According to the leading ulama the position of non-Muslims in the Islamic State of Pakistan will be that of zimmies and they will not be full citizens of Pakistan because they will not have the same rights as Muslims They will have no voice in the making of the law, no right to administer the law and no right to hold public offices.

A full statement of this position will be found in the evidence of Maulana Abul Hasanat Sayyad Muhammad Ahmad Qadri, Maulana Ahmad Ali, Mian Tufail Muhammad and Maulana Abdul Haamid Badayuni. Maulana Abul Hasanat on being questioned on the subject stated as follows :—

“Q.—If we were to have an Islamic State in Pakistan, what will be the position of the kuffar (non-Muslims)? Will they have a voice in the making of laws, the right of administering the law and the right to hold public offices?
A.—Their position will be that of zimmies. They will have no voice in the making of laws, no right to administer the law and no right to hold public offices.
Q.—In an Islamic State can the head of the State delegate any part of his powers to kuffar?
A.—No.”

Maulana Ahmad Ali, when questioned, said:—
“Q.—if we were to have an Islamic State in Pakistan, what will be the position of the kuffar? Will they have a hand in the making of the law, the right to administer the law and the right to hold public offices ?
A.—Their position will be that of zimmies. They will have no say in the making of law and no right to administer the law. Government may, however, permit them to hold any public office”.

Mian Tufail Muhammad stated as follows :—
“Q.—Read the article on minorities’ rights in the ‘Civil and Military Gazette’ of 13th October, 1953, and say whether it correctly represents your view of an Islamic State? (It was stated in the articles that minorities would have the same rights as Muslims).
A.—I have read this article and do not acknowledge these rights for the Christians or other non-Muslims in Pakistan if the State is founded on the ideology of the Jama’at”.

The confusion on this point in the mind of Maulana Abdul Haamid Badayuni, President, Jami’at-ul-Ulama-i-Pakistan, is apparent from the following: —

“Q.—Have you ever read the aforesaid speech (the speech of the Quaid-i-Azam to the Constituent Assembly of Pakistan on 11th August, 1947)?
A.—Yes, I have read that speech.
Q.—Do you still agree with the conception of Pakistan that the Quaid-i-Azam presented to the Constituent Assembly in this speech in which he said that thereafter there would be only one Pakistan nation, consisting of Muslims and non-Muslims, having equal civic rights, without any distinction of race, religion or creed and that religion would be merely a private affair of the individual ?
A.—I accept the principle that all communities, whether Muslims or non-Muslims, should have, according to their population, proper representation in the administration of the State and legislation, except that non-Muslims cannot be taken in the army or the judiciary or be appointed as Ministers or to other posts involving the reposing of confidence.
Q.—Are you suggesting that the position of non-Muslims would be that of zimmies or any better ?
A.—No. By zimmies are meant non-Muslim people of lands which have been conquered by an Islamic State, and the word is not applicable to non-Muslim minorities already living in an Islamic State. Such minorities are called mu’ahids, i.e. those people with whom some agreement has been made.
Q.—What will be their status if there is no agreement with them ?
A.—In that case such communities cannot have any rights of citizenship.
Q.—Will the non-Muslim communities inhabiting Pakistan be called by you as mu’ahids?
A.—No, not in the absence of an agreement with them. To my knowledge there is no such agreement with such communities in Pakistan.”

So, according to the evidence of this learned divine, the non-Muslims of Pakistan will neither be citizens nor will they have the status of zimmies or of mu’ahids. During the Islamic Republic, the head of the State, the khalifa, was chosen by a system of election, which was wholly different from the present system of election based on adult or any other form of popular suffrage. The oath of allegiance (ba’it) rendered to him possessed a sacramental virtue, and on his being chosen by the consensus of the people (ijma’-ul-ummat) he became the source of all channels of legitimate Government. He and he alone then was competent to rule, though he could delegate his powers to deputies and collect around him a body of men of outstanding piety and learning, called Majlis-i-Shura or Ahl-ul-Hall-i-wal-Aqd. The principal feature of this system was that the kuffar, for reasons which are too obvious and need not be stated, could not be admitted to this majlis and the power which had vested in the khalifa could not be delegated to the kuffar. The khalifa was the real head of the State, all power vesting in him and not a powerless individual like the President of a modern democratic State who is merely to sign the record of decisions taken by the Prime Minister and his Cabinet. He could not appoint non-Muslims to important posts, and could give them no place either in the interpretation or the administration of the law, the making of the law by them, as already pointed out, being a legal impossibility.

This being the position, the State will have to devise some machinery by which the distinction between a Muslim and a non-Muslim may be determined and its consequences enforced. The question, therefore, whether a person is or is not a Muslim will be of fundamental importance, and it was for this reason that we asked most of the leading ulama, to give their definition of a Muslim, the point being that if the ulama of the various sects believed the Ahmadis to be kafirs, they must have been quite clear in their minds not only about the grounds of such belief but also about the definition of a Muslim because the claim that a certain person or community is not within the pale of Islam implies on the part of the claimant an exact conception of what a Muslim is. The result of this part of the inquiry, however, has been anything but satisfactory, and if considerable confusion exists in the minds of our ulama on such a simple matter, one can easily imagine what the differences on more complicated matters will be. Below we reproduce the definition of a Muslim given by each alim in his own words. This definition was asked after it had been clearly explained to each witness that he was required to give the irreducible minimum conditions which, a person must satisfy to be entitled to be called a Muslim and that the definition was to be on the principle on which a term in grammar is defined.

Here is the result : —

Maulana Abul Hasanat Muhammad Ahmad Qadri, President, Jami’at-ul-Ulamai-
Pakistan —
“Q.— What is the definition of a Muslim ?
A — (1) He must believe in the Unity of God.
(2) He must believe in the prophet of Islam to be a true prophet as well as in all other prophets who have preceded him,
(3) He must believe in the Holy Prophet of Islam as the last of the prophets (khatam-un-nabiyin).
(4) He must believe in the Qur’an as it was revealed by God to the Holy
Prophet of Islam.
(5) He must believe as binding on him the injunctions of the Prophet of
Islam.
(6) He must believe in the qiyamat.
Q.—Is a tarik-us-salat a Muslim ?
A.—Yes, but not a munkir-us-salat”

Maulana Ahmad Ali, President, Jami’at-ul-Ulama-i-Islam, Maghribi Pakistan —
“Q.— Please define a Muslim ?
A.—A person is a Muslim if he believes (1) in the Qur’an and (2) what has been said by the prophet. Any person who possesses these two qualifications is entitled to be called a Muslim without his being required to believe in anything more or to do anything more.”

Maulana Abul Ala Maudoodi, Amir Jama’at-i-Islami —
“Q.—Please define a Muslim ?
A.—A person is a Muslim if he believes (1) in tauheed, (2) in all the prophets (ambiya), (3) all the books revealed by God, (4) in mala’ika (angels), and (5) yaum-ul-akhira (the Day of Judgment).
Q.—Is a mere profession of belief in these articles sufficient to entitle a man
to call himself a Musalman and to be treated as a Musalman in an Islamic State ?
A.—Yes.
Q.—If a person says that he believes in all these things, does any one have a right to question the existence of his belief ?
A.—The five requisites that I have mentioned above are fundamental and any alteration in anyone of these articles will take him out of the pale of Islam.”

Ghazi Siraj-ud-Din Munir—
“Q.—Please define a Muslim ?
A.—I consider a man to be a Muslim if he professes his belief in the kalima, namely, La Ilaha Illalah-o-Muhammad-ur-Rasulullah, and leads a life in the footsteps of the Holy Prophet.”

Mufti Muhammad Idris, Jamia Ashrafia, Nila Gumbad, Lahore—
“Q.—Please give the definition of a Musalman ?
A.—The word ‘Musalman’ is a Persian one. There is a distinction between the word ‘Musalman’ which is a Persian word for Muslim and the word ‘momin’. It is impossible for me to give a complete definition of the word ‘momin’. I would require pages and pages to describe what a momin is. A person is a Muslim who professes to be obedient to Allah. He should believe in the Unity of God, prophethood of the ambiya and in the Day of Judgment. A person who does not believe in the azan or in the qurbani goes outside the pale of Islam. Similarly, there are a large number of other things which have been received by tavatir from our prophet. In order to be a Muslim, he must believe in all these things. It is almost impossible for me to give a complete list of such things.”

Hafiz Kifayat Hussain, Idara-i-Haquq-i-Tahaffuz-i-Shia—
“Q.—Who is a Musalman?
A.—A person is entitled to be called a Musalman if he believes in (1) tauheed, (2) nubuwwat and (3) qiyamat. These are the three fundamental beliefs which a person must profess to be called a Musalman. In regard to these three basic doctrines there is no difference between the Shias and the Sunnies. Besides the belief in these three doctrines, there are other things called ‘zarooriyat-i-din’ which a person must comply with in order to be entitled to be called a Musalman. These will take me two days to define and enumerate. But as an illustration I might state that the respect for the Holy Book, wajoob-i-nimaz, wajoob-i-roza, wajoob-i-hajj-ma’a-sharait, and other things too numerous to mention, are among the ‘zarooriyat-i-din’ ”

Maulana Abdul Hamid Badayuni, President, Jami’at-ul-Ulama-i-Pakistan :
“Q.—Who is a Musalman according to you ?
A.—A person who believes in the zarooriyat-i-din is called a momin and every momin is entitled to be called a Musalman.
Q.—What are these zarooriyat-i-din ?
A.—A person who believes in the five pillars of Islam and who believes in the rasalat of our Holy Prophet fulfils the zarooriyat-i-din.
Q.—Have other actions, apart from the five arakan, anything to do with a man being a Muslim or being outside the pale of Islam?
(Note—Witness has been explained that by actions are meant those rules of moral conduct which in modern society are accepted as correct.)
A.—Certainly.
Q.—Then you will not call a person a Muslim who believes in arakan-ikhamsa and the rasalat of the prophet but who steals other peoples’ things, embezzles property entrusted to him, has an evil eye on his neighbour’s wife and is guilty of the grossest ingratitude to his benefector?
A.—Such a person, if he has the belief already indicated, will be a Muslim despite all this”.

Maulana Muhammad Ali Kandhalvi, Darush-Shahabia, Sialkot —
“Q.—Please define a Musalman?
A.—A person who in obedience to the commands of the prophet performs all the zarooriyat-i-din is a Musalman.
Q.—Can you define zarooriyat-i-din ?
A.—Zarooriyat-i-din are those requirements which are known to every Muslim irrespective of his religious knowledge.
Q.—Can you enumerate zarooriyat-i-din ?
A.—These are too numerous to be mentioned. I myself cannot enumerate these zarooriyat. Some of the zarooriyat-i-din may be mentioned as salat, saum, etc.”

Maulana Amin Ahsan Islahi —
“Q.—Who is a Musalman?
A.—There are two kinds of Musalmans, a political (siyasi) Musalman and a real (haqiqi) Musalman. In order to be called a political Musalman, a person must:
(1) believe in the Unity of God,
(2) believe in our Holy Prophet being khatam-un-nabiyin, i.e., ‘final
authority’ in all matters relating to the life of that person,
(3) believe that all good and evil comes from Allah,
(4) believe in the Day of Judgment,
(5) believe in the Qur’an to be the last book revealed by Allah,
(6) perform the annual pilgrimage to Mecca,
(7) pay the zaka’at,
(8) say his prayers like the Musalmans,
(9) observe all apparent rules of Islami mu’ashira, and
(10) observe the fast (saum).

If a person satisfies all these conditions he is entitled to the rights of a full citizen of an Islamic State. If any one of these conditions is not satisfied, the person concerned will not be a political Musalman. (Again said) It would be enough for a person to be a Musalman if he merely professes his belief in these ten matters irrespective of whether he puts them into practice or not. In order to be a real Musalman, a person must believe in and act on all the injunctions by Allah and his prophet in the manner in which they have been enjoined upon him.
Q.—Will you say that only the real Musalman is ‘mard-i-saleh’ ?
A.—Yes.
Q.—do we understand you aright that in the case of what you have called a political (siyasi) Musalman, belief alone is necessary, while in the case of a haqiqi Musalman there must not only be belief but also action?
A.—No, you have not understood me aright. Even in the case of a political (siyasi) Musalman action is necessary but what I mean to say is that if a person does not act upon the belief that is necessary in the case of such a Musalman, he will not be outside the pale of a political (siyasi) Musalman.
Q.—If a political (siyasi) Musalman does not believe in things which you
have stated to be necessary, will you call such a person be-din ?
A.—No, I will call him merely be-amal”.

The definition by the Sadr Anjuman Ahmadiya, Rabwah, in its written statement
is that a Muslim is a person who belongs to the ummat of the Holy Prophet and professes belief in kalima-i-tayyaba.

Keeping in view the several definitions given by the ulama, need we make any comment except that no two learned divines are agreed on this fundamental. If we attempt our own definition as each learned divine has done and that definition differs from that given by all others, we unanimously go out of the fold of Islam. And if we adopt the definition given by any one of the ulama, we remain Muslims according to the view of that alim but kafirs according to the definition of every one else.

 

 

APOSTASY

Apostasy in an Islamic State is punishable with death. On this the ulama are practically unanimous (vide the evidence of Maulana Abul Hasanat Sayyad Muhammad Ahmad Qadri, President, Jami’at-ul-Ulama-i-Pakistan, Punjab; Maulana Ahmad Ali, Sadr Jami’at-ul-Ulama-i-Islam, West Pakistan; Maulana Abul Ala Maudoodi, founder and ex-Amir-i-Jama’at-i-Islami, Pakistan; Mufti Muhammad Idris, Jami’Ashrafia, Lahore, and Member, Jami’at-ul-Ulama-i-Pakistan; Maulana Daud Ghaznavi, President, Jami’at-i-Ahl-i-Hadith, Maghribi Pakistan; Maulana Abdul Haleem Qasimi, Jami’at-ul-Ulama-i-Islam, Punjab; and Mr. Ibrahim Ali Chishti). According to this doctrine, Chaudhri Zafrullah Khan, if he has not inherited his present religious beliefs but has voluntarily elected to be an Ahmadi, must be put to death. And the same fate should befall Deobandis and Wahabis, including Maulana Muhammad Shafi Deobandi, Member, Board of Talimat-i-Islami attached to the Constituent Assembly of Pakistan, and Maulana Daud Ghaznavi, if Maulana Abul Hasanat Sayyad Muhammad Ahmad Qadri or Mirza Raza Ahmad Khan Barelvi, or any one of the numerous ulama who are shown perched on every leaf of a beautiful tree in the fatwa, Ex. D. E. 14, were the head of such Islamic State. And if Maulana Muhammad Shafi Deobandi were the head of the State, he would exclude those who have pronounced Deobandis as kafirs from the pale of Islam and inflict on them the death penalty if they come within the definition of murtadd, namely, if they have changed and not inherited their religious views.

The genuineness of the fatwa, Ex. D. E. 13, by the Deobandis which says that Asna Ashari Shias are kafirs and murtadds, was questioned in the course of enquiry, but Maulana Muhammad Shafi made an inquiry on the subject from Deoband, and received from the records of that institution the copy of a fatwa signed by all the teachers of the Darul Uloom including Maulana Muhammad Shafi himself which is to the effect that those who do not believe in the sahabiyyat of Hazrat Siddiq Akbar and who are qazif of Hazrat Aisha Siddiqa and have been guilty of tehrif of Qur’an are kafirs. This opinion is also supported by Mr. Ibrahim Ali Chishti who has studied and knows his subject. He thinks the Shias are kafirs because they believe that Hazrat Ali shared the prophethood with our Holy Prophet. He refused to answer the question whether a person who being a Sunni changes his view and agrees with the Shia view would be guilty of irtidad so as to deserve the death penalty. According to the Shias all Sunnis are kafirs, and Ahl-i-Qur’an; namely, persons who consider hadith to be unreliable and therefore not binding, are unanimously kafirs and so are all independent thinkers. The net result of all this is that neither Shias nor Sunnis nor Deobandis nor Ahl-i-Hadith nor Barelvis are Muslims and any change from one view to the other must be accompanied in an Islamic State with the penalty of death if the Government of the State is in the hands of the party which considers the other party to be kafirs. And it does not require much imagination to judge of the consequences of this doctrine when it is remembered that no two ulama have agreed before us as to the definition of a Muslim. If the constituents of each of the definitions given by the ulama are given effect to, and subjected to the rule of ‘combination and permutation’ and the form of charge in the Inquisition’s sentence on Galileo is adopted mutatis mutandis as a model, the grounds on which a person may be indicted for apostasy will be too numerous to count.

In an earlier part of the report we have referred to the proscription of the ‘Ashshahab’, a pamphlet written by Maulana Shabbir Ahmad Usmani who later became Sheikh-ul-Islam-i-Pakistan. In that pamphlet the Maulana had attempted to show from the Qur’an, the sunna, the ijma’ and qayas that in Islam the punishment for apostasy (irtidad) simpliciter is death. After propounding the theological doctrine the Maulana had made in that document a statement of fact that in the time of the Caliph Siddiq-i-Akbar and the subsequent Caliphs vast areas of Arabia became repeatedly red with the blood of apostates. We are not called upon to express any opinion as to the correctness or otherwise of this doctrine but knowing that the suggestion to the Punjab Government to proscribe this pamphlet had come from the Minister for the Interior we have attempted to inquire of ourselves the reasons for Government’s taking a step which ex hypothesi amounted to condemning a doctrine which the Maulana had professed to derive from the Qur’an and the sunna. The death penalty for irtidad has implications of a far-reaching character and stamps Islam as a religion of fanatics, which punishes all independent thinking. The Qur’an again and again lays emphasis on reason and thought, advises toleration and preaches against compulsion in religious matters but the doctrine of irtidad as enunciated in this pamphlet strikes at the very root of independent thinking when it propounds the view that anyone who, being born a Muslim or having embraced Islam, attempts to think on the subject of religion with a view, if he comes to that conclusion, to choose for himself any religion he likes, has the capital penalty in store for him. With this implication Islam becomes an embodiment of complete intellectual paralysis. And the statement in the pamphlet that vast areas of Arabia were repeatedly bespattered with human blood, if true, could only lend itself to this inference that even when Islam was at the height of its splendour and held absolute sway in Arabia there were in that country a large number of people who turned away from that religion and preferred to die than to remain in that system. It must have been some such reaction of this pamphlet on the mind of the Minister for the Interior which prompted him to advise the Punjab Government to proscribe the pamphlet. Further the Minister who was himself well-versed in religious matters must have thought that the conclusion drawn by the author of the pamphlet which was principally based on the precedent mentioned in paras. 26, 27 and 28 of the Old Testament and which is only partially referred to in the Qur’an in the 54th verse of the Second Sura, could not be applicable to apostasy from Islam and that therefore the author’s opinion was in fact incorrect, there being no express text in the Qur’an for the death penalty for apostasy. On the contrary each of the two ideas, one underlying the six brief verses of Surat-ul-Kafiroon and the other the La Ikrah verse of the second Sura, has merely to be understood to reject as erroneous the view propounded in the ‘Ash-Shahab’. Each of the verses in Surat-ul-Kafiroon which contains thirty words and no verse of which exceeds six words, brings out a fundamental trait in man engrained in him since his creation while the La Ikrah verse, the relevant portion of which contains only nine words, states the rule of responsibility of the mind with a precision that cannot be surpassed. Both of these texts which are an early part of the Revelation are, individually and collectively, the foundation of that principle which human society, after centuries of conflict, hatred and bloodshed, has adopted in defining one of the most important fundamental rights of man. But our doctors would never dissociate chauvinism from Islam.

 

 

PROPAGATION OF OTHER RELIGIONS

Closely allied to the punishment for apostasy is the right of non-Muslims publicly to preach their religion. The principle which punishes an apostate with death must be applicable to public preaching of kufr and it is admitted by Maulana Abul Hasanat, Ghazi Siraj-ud-Din Munir and Master Taj-ud-Din Ansari, though the last subordinates his opinion to the opinion of the ulama, that any faith other than Islam will not be permitted publicly to be preached in the State. And Maulana Abul Ala Maudoodi, as will appear from his pamphlet ‘Punishment in Islam for an apostate’, has the same views on the subject.

Ghazi Siraj-ud-Din Munir, when questioned on this point, replied :—
“Q.—What will you do with them (Ahmadis) if you were the head of the
Pakistan State ?
A.—I would tolerate them as human beings but will not allow them the right
to preach their religion”.

The prohibition against public preaching of any non-Muslim religion must logically follow from the proposition that apostasy will be punished with death and that any attack on, or danger to Islam will be treated as treason and punished in the same way as apostasy.

JIHAD
Earlier we have pointed out that one of the doctrines on which the Musalmans and Ahmadis are at variance is that of jihad. This doctrine at once raises a host of other allied matters such as the meanings of ghazi, shahid, jihad-bis-saif, jihad fi sabili’llah, dar-ul-Islam, dar-ul-harb, hijrat, ghanima, khums and slavery, and the conflict or reconciliation of these conceptions with modern international problems such as aggression, genocide, international criminal jurisdiction, international conventions and rules of public international law.

An Islamic State is dar-ul-Islam, namely, a country where ordinances of Islam are established and which is under the rule of a Muslim sovereign. Its inhabitants are Muslims and also non-Muslims who have submitted to Muslim control and who under certain restrictions and without the possibility of full citizenship are guaranteed their lives and property by the Muslim State. They must, however, be people of Scriptures and may not be idolaters. An Islamic State is in theory perpetually at war with the neighbouring non-Muslim country, which at any time may become dar-ul-harb, in which case it is the duty of the Muslims of that country to leave it and to come over to the country of their brethren in faith. We put this aspect to Maulana Abul Ala Maudoodi and reproduce his views :—

“Q.—is a country on the border of dar-ul-Islam always qua an Islamic State in the position of dar-ul-harb ?
A.—No. In the absence of an agreement to the contrary, the Islamic State will be potentially at war with the non-Muslim neighbouring country. The non-Muslim country acquires the status of dar-ul-harb only after the Islamic State declares a formal war against it”.

According to Ghias-ul-Lughat, dar-ul-harb is a country belonging to infidels which has not been subdued by Islam, and the consequences of a country becoming darul-harb are thus stated in the Shorter Encyclopaedia of Islam :—

“When a country does become a dar-ul-harb, it is the duty of all Muslims to withdraw from it, and a wife who refuses to accompany her husband in this, is ipso facto divorced”.

Thus in case of a war between India and Pakistan, if the latter is an Islamic State, we must be prepared to receive forty million Muslims from across the border into Pakistan.

In fact, Maulana Abdul Haamid Badayuni, President, Jami’at-ul-Ulama-i- Pakistan, thinks that a case for hijrat already exists for the Musalmans of India. The following is his view on this subject :—
“Q.—Do yon call your migration to Pakistan as hijrat in the religious sense ?
A.—Yes”.

We shall presently point out why Mirza Ghulam Ahmad’s version of the doctrine of jihad is relied on as a ground for his and his community’s kufr, but before we do that it is necessary first to state how jihad has been or is understood by the Musalmans. There are various theories about jihad which vary from the crude notion of a megalomaniac moved by religious frenzy going out armed with sword and indiscriminately slaughtering non-Muslims in the belief that if he dies in the combat he becomes a shahid and if he succeeds in killing attains the status of a ghazi, to the conception that a Musalman throughout his life is pitted against kufr, kufr here being used in the sense of evil and wrong, and that his principal activity in life is to strive by argument a where necessary by force to spread Islam until it becomes a world religion. In the latter case he fights not for any personal end but because he considers such strife as a duty and an obligation which he owes to Allah and the only recompense for which is the pleasure of Allah. The Shorter Encyclopedia of Islam contains the following brief article on djihad :—
“DJIHAD (A), holy war. The spread of Islam by arms is a religious duty upon Muslims in general. It narrowly escaped being a sixth rukn, or fundamental duty, and is indeed still so regarded by the descendants of the Kharidjis. This position was reached gradually but quickly. In the Meccan Suras of the Qur’an patience under attack is taught ; no other attitude was possible. But at Medina the right to repel attack appears, and gradually it became a prescribed duty to fight against and subdue the hostile Meccans.

Whether Muhammad himself recognised that his position implied steady and unprovoked war against the unbelieving world until it was subdued to Islam may be in doubt. Traditions are explicit on the point ; but the Qur’anic passages speak always of the unbelievers who are to be subdued as dangerous or faithless. Still, the story of his writing to the powers around him shows that such a universal position was implicit in his mind, and it certainly developed immediately after his death, when the Muslim armies advanced out of Arabia. It is now a fard ala’l-kifaya, a duty in general on all male, free, adult Muslims, sane in mind and body and having means enough to reach the Muslim army, yet not a duty necessarily incumbent on every individual but sufficiently performed when done by a certain number. So it must continue to be done until the whole world is under the rule of Islam. It must be controlled or headed by a Muslim sovereign or imam. As the imam of the Shias is now invisible, they cannot have a djihad until he reappears. Further, the requirement will be met if such a sovereign makes an expedition once a year, or, even, in the later view, if he makes annual preparation for one. The people against whom the djihad is directed must first be invited to embrace Islam. On refusal they have another choice. They may submit to Muslim rule, become dhimmis (q. v.) and pay djizya and kharadj (q. v.) or fight. In the first case, their lives, families and property are assured to them, but they have a definitely inferior status, with no technical citizenship, and a standing only as protected wards. If they fight, they and their families may be enslaved and all their property seized as booty, four-fifths of which goes to the conquering army. If they embrace Islam, and it is open to them to do so even when the armies are face to face, they become part of the Muslim community with all its rights and duties. Apostates must be put to death. But if a Muslim country is invaded by unbelievers, the imam may issue a general summons calling all Muslims there to arms, and as the danger grows so may be the width of the summons until the whole Muslim world is involved. A Muslim who dies fighting in the path of Allah (fi sabil Allah) is martyr (shahid) and is assured of Paradise and of peculiar privileges there. Such a death was, in the early generations, regarded as the peculiar crown of a pious life. It is still, on occasions, a strong incitement, but when Islam ceased to conquer it lost its supreme value. Even yet, however, any war between Muslims and non-Muslims must be a djihad with its incitements and rewards. Of course, such modern movements as the so-called Mu’tazili in India and the Young Turk in Turkey reject this and endeavour to explain away its basis; but the Muslim masses still follow the unanimous voice of the canon lawyers. Islam must be completely made over before the doctrine of djihad can be eliminated”.

The generally accepted view is that the fifth verse to Sura-i-Tauba (Sura IX) abrogated the earlier verses revealed in Mecca which permitted the killing of kuffar only in self-defence. As against this the Ahmadis believe that no verso in the Qur’an was abrogated by another verse and that both sets of verses, namely, the Meccan verses and the relative verses in Sura-i-Tauba have different scopes and can stand together. This introduces the difficult controversy of nasikh and mansukh, with all its implications. It is argued on behalf of the Ahmadis that the doctrine of nasikh and mansukh is opposed to the belief in the existence of an original Scripture in Heaven, and that implicit in this doctrine is the admission that unless the verse alleged to be repealed was meant for a specific occasion and by the coming of that occasion fulfilled its purpose and thus spent itself, God did not know of the subsequent circumstances which would make the earlier verse inapplicable or lead to an undesired result.

The third result of this doctrine, it is pointed out, cuts at the very root of the claim that laws of Islam are immutable and inflexible because if changed circumstances made a new revelation necessary, any change in the circumstances subsequent to the completion of the revelation would make most of the revelation otiose or obsolete.

We are wholly incompetent to pronounce on the merits of this controversy but what has to be pointed out is the result to which the doctrine of jihad will lead if, as appears from the article in the Shorter Encyclopaedia of Islam and other writings produced before us including one by Maulana Abul Ala Maudoodi and another by Maulana Shabbir Ahmad Usmani, it involves the spread of Islam by arms and conquest. ‘Aggression’ and ‘genocide’ are now offences against humanity for which under sentences pronounced by different International tribunals at Nuremburg and Tokio the war lords of Germany and Japan had to forfeit their lives, and there is hardly any difference between the offences of aggression and genocide on the one hand and the doctrine of spread of Islam by arms and conquest on the other. An International Convention on genocide is about to be concluded but if the view of jihad presented to us is correct, Pakistan cannot be a party to it. And while the following verses in the Mecca Suras :—

Sura II, verses 190 and 193 :190. “Fight in the Cause of God Those who fight you,
But do not transgress limits ;
For God loveth not transgressors”.
193. “And fight them on
Until there is no more
Tumult or oppression,
And there prevail
Justice and faith in God ;
But if they cease,
Let there be no hostility
Except to those
Who practise oppression”.
Sura XXII, verses 39 and 40:
39. “To those against whom
War is made, permission
Is given (to fight) because
They are wronged;— and verily,
God is most Powerful
For their aid;—”
40. “(They are) those who have
Been expelled from their homes
In defiance of right,—
(For no cause) except
That they say, ‘Our Lord
Is God.’ Did not God
Check one set of people
By means of another,
There would surely have been
Pulled down monasteries, churches,
Synagogues, and mosques, in which
The name of God is commemorated
In abundant measure. God will
Certainly aid those who
Aid His (cause);—for verily
God is Full of Strength,
Exalted in Might,
(Able to enforce His Will),”

contain in them the sublime principle which international jurists have only faintly begun to discover, we must go on preaching that aggression is the chief characteristic of Islam. The law relating to prisoners of war is another branch of Islamic law which is bound to come in conflict with International Law.

As for instance, in matters relating to the treatment of prisoners of war, we shall have to be governed by Maulana Abul Ala Maudoodi’s view, assuming that view is based on the Qur’an and the sunna, which is as follows :—

“Q.—Is there a law of war in Islam?
A.—Yes.
Q.—Does it differ fundamentally from the modern International Law of war?
A.—These two systems are based on a fundamental difference.
Q.—What rights have non-Muslims who are taken prisoners of war in a jihad?
A.—The Islamic law on the point is that if the country of which these prisoners are nationals pays ransom, they will be released. An exchange of prisoners is also permitted. If neither of these alternatives is possible, the prisoners will be converted into slaves for ever. If any such person makes an offer to pay his ransom out of his own earnings, he will be permitted to collect the money necessary for the fidya (ransom).
Q.—Are you of the view that unless a Government assumes the form of an Islamic Government, any war declared by it is not a jihad?
A.—No. A war may be declared to be a jihad if it is declared by a national Government of Muslims in the legitimate interests of the State. I never expressed the opinion attributed to me in Ex. D. E. 12:—
“Raha yeh masala keh agar hukumat-i-Pakisten apni maujuda shukl-o-surat ke sath Indian Union ke sath apne mu’ahadat khatm kar-ke i’lan-i-jang bar bhi de to kya us-ki yeh jang jihad ke hukam men a-ja’egi ? Ap ne is bare men jo rae zahir ki hai woh bilkul darust hai – Jab-tak hukumat Islami nizam ko ikhtiyar kar-ke Islami nah ho jae us waqt tak us-ki kisi jang ko jihad kehna aisa hi hai jaisa kisi ghair Muslim ke Azad Kashmir ki fauj men bharti ho-kar larne ko jihad aur us-ki maut ko shahadat ka nam dediya jae – Maulana ka jo mudd’a hai woh yeh hai keh mu’ahadat ki maujudgi men to hukumat ya us-ke shehriyon ka is jang men sharik hona shar’-an ja’iz hi nahin – Agar hukumat mu’ahadat khatm kar-ke jang ka
i’lan kar-de to hukumat ki jang to jihad phir bhi nahin hogi ta-an keh hukumat Islami nah ho jae.’

(translation)

‘The question remains whether, even if the Government of Pakistan, in its present form and structure, terminates her treaties with the Indian Union and declares war against her, this war would fall under the definition of jihad? The opinion expressed by him in this behalf is quite correct. Until such time as the Government becomes Islamic by adopting the Islamic form of Government, to call any of its wars a jihad would be tantamount to describing the enlistment and fighting of a non-Muslim on the side of the Azad Kashmir forces jihad and his death martyrdom. What the Maulana means is that, in the presence of treaties, it is against Shari’at, if the Government or its people participate in such a war. If the Government terminates the treaties and declares war, even then the war started by Government would not be termed jihad unless the Government becomes Islamic’.

About the view expressed in this letter being that of Maulana Abul Ala Maudoodi, there is the evidence of Mian Tufail Muhammad, the writer of the letter, who states: “Ex. D. E. 12 is a photostat copy of a letter which I wrote to someone whose name I do not now remember.”

Maulana Abul Hasanat Muhammad Ahmad Qadri’s view on this point is as
follows:—
“Q.—Is there a law of war in Islam?
A.—Yes.
Q.—Does it differ in fundamentals from the present International Law?
A.—Yes.
Q.—What are the rights of a person taken prisoner in war?
A.—He can embrace Islam or ask for aman, in which case he will be treated as a musta’min. If he does not ask for aman, he would be made a slave”.
Similar is the opinion expressed by Mian Tufail Muhammad of Jam’at-i-Islami who says:—
“Q.—Is there any law of war in Islamic laws?
A.—Yes.
Q.—If that comes into conflict with International Law, which will you follow?
A.—Islamic law.
Q.—Then please state what will be the status of prisoners of war captured by your
forces?
A.—I cannot reply to this off hand. I will have to study the point.”
Of course ghanima (plunder) and khums (one-fifth) if treated as a necessary incident of
jihad will be treated by international society as a mere act of brigandage.

REACTION ON MUSLIMS OF NON-MUSLIM STATES
The ideology on which an Islamic State is desired to be founded in Pakistan must have certain consequences for the Musalmans who are living in countries under non-Muslim sovereigns.

We asked Amir-i-Shari’at Sayyad Ataullah Shah Bukhari whether a Muslim could be a faithful subject of a non-Muslim State and reproduce his answer:—
“Q.—In your opinion is a Musalman bound to obey orders of a kafir Government?
A.—It is not possible that a Musalman should be faithful citizen of a non-Muslim Government.
Q.—Will it be possible for the four crore of Indian Muslims to be faithful citizens of their State?
A—No.”

The answer is quite consistent with the ideology which has been pressed before us, but then if Pakistan is entitled to base its Constitution on religion, the same right must be conceded to other countries where Musalmans are in substantial minorities or if they constitute a preponderating majority in a country where sovereignty rests with a non-Muslim community. We, therefore, asked the various ulama whether, if non-Muslims in Pakistan were to be subjected to this discrimination in matters of citizenship, the ulama would have any objection to Muslims in other countries being subjected to a similar discrimination. Their reactions to this suggestion are reproduced below:—

Maulana Abul Hasanat Sayyed Muhammad Ahmad Qadri, President, Jami’at-ul-Ulama-i-Pakistan:—
“Q.—You will admit for the Hindus, who are in a majority in India, the right to have a Hindu religious State?
A.—Yes.
Q.—Will you have any objection if the Muslims are treated under that form of Government as malishes or shudras under the law of Manu?
A.— No.”

Maulana Abul Ala Maudoodi :—
“Q.—If we have this form of Islamic Government in Pakistan, will you permit Hindus to base their Constitution on the basis of their own religion?
A—Certainly. I should have no objection even if the Muslims of India are treated in that form of Government as shudras and malishes and Manu’s laws are applied to them, depriving them of all share in the Government and the rights of a citizen. In fact such a state of affairs already exists in India.”

Amir-i-Shari’at Sayyad Ata Ullah Skak Bukhari :—
“Q.—How many crores of Muslims are there in India?
A.—Four crores.
Q.—Have you any objection to the law of Manu being applied to them according to which they will have no civil right and will be treated as malishes and shudras?
A.—I am in Pakistan and I cannot advise them.”

Mian Tufail Muhammad of Jama’at-i-Islami :—
“Q.—What is the population of Muslims in the world?
A.—Fifty crores.
Q.—If the total population of Muslims of the world is 50 crores, as you say, and the number of Muslims living in Pakistan, Saudi Arabia, Yemen, Indonesia, Egypt, Persia, Syria, Lebanon, Trans-Jordan, Turkey and Iraq does not exceed 20 crores, will not the result of your ideology beto convert 30 crores of Muslims in the world into hewers of wood anddrawers of water?
A.—My ideology should not affect their position.
Q.—Even if they are subjected to discrimination on religious grounds and denied ordinary rights of citizenship ?
A.—Yes.”
This witness goes to the extent of asserting that even if a non-Muslim Government were to offer posts to Muslims in the public services of the country, it will be their duty to refuse such posts.

Ghazi Siraj-ud-Din Munir :—
“Q.—Do you want an Islamic State in Pakistan?
A.—Surely.
Q.—What will be your reaction if the neighbouring country was to found
their political system on their own religion?
A.—They can do it if they like.
Q.—Do you admit for them the right to declare that all Muslims in India, are shudras and malishes with no civil rights whatsoever?
A.—We will do our best to see that before they do it their political
sovereignty is gone. We are too strong for India. We will be strong enough to prevent India from doing this.
Q.—Is it a part of the religious obligations of Muslims to preach their religion?
A—Yes.
Q.—Is it a part of the duty of Muslims in India publicly to preach their religion?
A.—They should have that right.
Q.—What if the Indian State is founded on a religious basis and the right to preach religion is disallowed to its Muslim nationals?
A —If India makes any such law, believer in the Expansionist movement as I am, I will march on India and conquer her.”

So this is the reply to the reciprocity of discrimination on religious grounds.

Master Taj-ud-Din Ansari :—
“Q.—Would you like to have the same ideology for the four crores of Muslims in India as you are impressing upon the Muslims of
Pakistan?
A.—That ideology will not let them remain in India for one minute.
Q.—Does the ideology of a Muslim change from place to place and from time to time?
A.—No.
Q.—Then why should not the Muslims of India have the same ideology as you have?
A.—They should answer that question.”

The ideology advocated before us, if adopted by Indian Muslims, will completely
disqualify them for public offices in the State, not only in India but in other countries also which are under a non-Muslim Government. Muslims will become perpetual suspects everywhere and will not be enrolled in the army because according to this ideology, in case of war between a Muslim country and a non-Muslim country, Muslim soldiers of the non-Muslim country must either side with the Muslim country or surrender their posts.

The following is the view expressed by two divines whom we questioned on this point:—

Maulana Abul Hasanat Sayyed Muhammad Ahmad Qadri, President, Jami’at-ul-
Ulama-i-Pakistan :—
“Q.—What will be the duty of Muslims in India in case of war between India
and Pakistan?
A.—Their duty is obvious, namely, to side with us and not to fight against us
on behalf of India.”

Maulana Abul Ala Maudoodi : —
“Q.—What will be the duty of the Muslims in India in case of war between
India and Pakistan?
A.—Their duty is obvious, and that is not to fight against Pakistan or to do
anything injurious to the safety of Pakistan.”

OTHER INCIDENTS

Other incidents of an Islamic State are that all sculpture, playing of cards, portrait
painting, photographing human beings, music, dancing, mixed acting, cinemas and
theatres will have to be closed.

Thus says Maulana Abdul Haleem Qasimi, representative of Jami’at-ul-Ulama-i-Pakistan: —

“Q.—What are your views on tashbih and tamseel ?
A.—You should ask me a concrete question.
Q.—What are your views on lahw-o-la’b?
A.—The same is my reply to this question.
Q.—What are your views about portrait painting?
A.—There is nothing against it if any such painting becomes necessary.
Q.—What about photography?
A.—My reply to it is the same as the reply regarding portrait painting.
Q.—What about sculpture as an art?
A.—It is prohibited by our religion.
Q.—Will you bring playing of cards in lohw-o-la’b?
A.—Yes, it will amount to lahw-o-la’b.
Q.—What about music and dancing?
A.—It is all forbidden by our religion.
Q.—What about drama and acting?
A —It all depends on what kind of acting you mean. If it involves immodesty
and intermixture of sexes, the Islamic law is against it.
Q.—If the State is founded on your ideals, will you make a law stopping
portrait painting, photographing of human beings, sculpture, playing
of cards, music, dancing, acting and all cinemas and theatres?
A.—Keeping in view the present form of these activities, my answer is in the affirmative.”

Maulana Abdul Haamid Badayuni considers it to be a sin (ma’siyat) on the part of
professors of anatomy to dissect dead bodies of Muslims to explain points of anatomy to the students.

The soldier or the policeman will have the right, on grounds of religion, to disobey a command by a superior authority. Maulana Abul Hasanat’s view on this is as follows :—

“I believe that if a policeman is required to do something which we consider to be contrary to our religion, it should be the duty of the policeman to disobey the authority. The same would be my answer if ‘army’ were substituted for ‘police’.

Q.—You stated yesterday that if a policeman or a soldier was required by a
superior authority to do what you considered to be contrary to religion, it would be the duty of that policeman or the soldier to disobey such authority. Will you give the policeman or the soldier the right of himself determining whether the command he is given by his superior authority is contrary to religion ?
A.—Most certainly.
Q.—Suppose there is war between Pakistan and another Muslim country and the soldier feels that Pakistan is in the wrong; and that to shoot a soldier of other country is contrary to religion. Do you think he would be justified in disobeying his commanding officer ?
A.—In such a contingency the soldier should take a fatwa of the ‘ulama’.”

We have dwelt at some length on the subject of Islamic State not because we intended to write a thesis against or in favour of such State but merely with a view to presenting a clear picture of the numerous possibilities that may in future arise if true causes of the ideological confusion which contributed to the spread and intensity of the disturbances are not precisely located. That such confusion did exist is obvious because otherwise Muslim Leaguers, whose own Government was in office, would not have risen against it; sense of loyalty and public duty would not have departed from public officials who went about like maniacs howling against their own Government and officers; respect for property and human life would not have disappeared in the common man who with no scruple or compunction began freely to indulge in loot, arson and murder; politicians would not have shirked facing the men who had installed them in their offices; and administrators would not have felt hesitant or diffident in performing what was their obvious duty. If there is one thing which has been conclusively demonstrated in this inquiry, it is that provided you can persuade the masses to believe that something they are asked to do is religiously right or enjoined by religion, you can set them to any course of action, regardless of all considerations of discipline, loyalty, decency, morality or civic sense.

Pakistan is being taken by the common man, though it is not, as an Islamic State. This belief has been encouraged by the ceaseless clamour for Islam and Islamic State that is being heard from all quarters since the establishment of Pakistan. The phantom of an Islamic State has haunted the Musalman throughout the ages and is a result of the memory of the glorious past when Islam rising like a storm from the least expected quarter of the world—wilds of Arabia—instantly enveloped the world, pulling down from their high pedestal gods who had ruled over man since the creation, uprooting centuries old institutions and superstitions and supplanting all civilisations that had been built on an enslaved humanity. What is 125 years in human history, nay in the history of a people, and yet during this brief period Islam spread from the Indus to the Atlantic and Spain, and from the borders of China to Egypt, and the sons of the desert installed themselves in all old centres of civilisation—in Ctesiphon, Damascus, Alexandria, India and all places associated with the names of the Sumerian and the Assyrian civilisations. Historians have often posed the question : what would have been the state of the world today if Muawiya’s siege of Constantinople had succeeded or if the proverbial Arab instinct for plunder had not suddenly seized the mujahids of Abdur Rahman in their fight against Charles Martel on the plains of Tours in Southern France. May be Muslims would have discovered America long before Columbus did and the entire world would have been Moslemised; may be Islam itself would have been Europeanised. It is this brilliant achievement of the Arabian nomads, the like of which the world had never seen before, that makes the Musalman of today live in the past and yearn for the return of the glory that was Islam. He finds himself standing on the crossroads, wrapped in the mantle of the past and with the dead weight of centuries on his back, frustrated and bewildered and hesitant to turn one corner or the other. The freshness and the simplicity of the faith, which gave determination to his mind and spring to his muscle, is now denied to him. He has neither the means nor the ability to conquer and there are no countries to conquer. Little does he understand that the forces, which are pitted against him, are entirely different from those against which early Islam, had to fight, and that on the clues given by his own ancestors human mind has achieved results which he cannot understand. He therefore finds himself in a state of helplessness, waiting for some one to come and help him out of this morass of uncertainty and confusion. And he will go on waiting like this without anything happening. Nothing but a bold re-orientation of Islam to separate the vital from the lifeless can preserve it as a World Idea and convert the Musalman into a citizen of the present and the future world from the archaic in congruity that he is today. It is this lack of bold and clear thinking, the inability to understand and take decisions which has brought about in Pakistan a confusion which will persist and repeatedly create situations of the kind we have been inquiring into until our leaders have a clear conception of the goal and of the means to reach it. It requires no imagination to realise that irreconcilables remain irreconcilable even if you believe or wish to the contrary. Opposing principles, if left to themselves, can only produce confusion and disorder, and the application of a neutralising agency to them can only produce a dead result. Unless, in case of conflict between two ideologies, our leaders have the desire and the ability to elect, uncertainty must continue. And as long as we rely on the hammer when a file is needed and press Islam into service to solve situations it was never intended to solve, frustration and disappointment must dog our steps. The sublime faith called Islam will live even if our leaders are not there to enforce it. It lives in the individual, in his soul and outlook, in all his relations with God and men, from the cradle to the grave, and our politicians should understand that if Divine commands cannot make or keep a man a Musalman, their statutes will not….

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The “three-state solution” for the Middle East (and why has Tony Blair not resigned when Israel attacked Gaza?) 2009

A few thousand years ago, Moses (whom Freud identified as likely to have been a monotheistic Egyptian nobleman) led the Hebrews out of Egypt. A year ago, Hamas blew up the much-hated wall between the Gaza Strip and Egypt with explosives, after secretly over months cutting heavy metal using oxyacetylene torches. Some three hundred and fifty thousand Gazans poured into Egypt’s Rafah town and market to buy food, medicine, cigarettes, petrol, cows, goats, sheep, camel, televisions, mobile phones etc. Israel’s wicked blockade of Gaza was broken. Hosni Mubarak apparently instructed Egyptian border guards not to resist the Palestinian crowds from entering Egypt, and stated that as long as they returned without weapons they were free to trade as they wished. Egypt could hardly have done anything else – Cairo had seen pro-Palestinian demonstrations and Mubarak’s police had arrested some 500 members of the  Muslim Brotherhood. The official Israeli response was “the free passage of Palestinians into Egypt and back, without any supervision, significantly increases the threat coming from the Strip”. The Israeli Foreign Ministry said “it is the responsibility of Egypt to ensure that the border operates properly, according to the signed agreements. We expect the Egyptians to solve the problem. Obviously we are worried about the situation. It could potentially allow anybody to enter.” But Egypt can hardly solve this problem other than by offering to extend Egyptian sovereignty to the whole of the Gaza Strip. Something similar would have to be done with the West Bank becoming absorbed officially into Jordan. The Palestinian people would then not have their own state after all but have been divided between the formal territories of Egypt, Jordan and of course Israel itself (is not Israel technically a secular country without a state religion?). Gaza and the West Bank could be autonomous regions within Egyptian and Jordanian sovereignty respectively. The Palestinians at least would be able to buy flour and have normal lives and not have been made to live in the open-air prison that they do now. The people of Gaza would have been spared the Israeli atrocity that has been going on in the last several weeks.

 

 

There are and have been uncountable quasi-nationalities who have not had their own nation-states. Kurds are divided between Turkey, Iraq and Iran;  Baloch are divided between Iran and Pakistan; Pashtuns are divided between Afghanistan and Pakistan;  Kashmiris  (and for that matter Punjabis and Sindhis) are divided between Pakistan and India; Bengalis are divided between India and Bangladesh;  Tamils are divided between India, Sri Lanka, Malaysia and Singapore; Tibetans are divided between India and China etc etc, and that is only in half of Asia. There are multitudinous cases all over Europe (and Britain), Africa and also the Americas and elsewhere. The Palestinians would have become one such. And like Poland being divided between Germany and Russia, or between Prussia, Austro-Hungary and Russia even earlier (on this see the inimitable Joseph Conrad Notes on Life and Letters), a people who have been divided without a separate identity can sometimes find themselves independent again as history progresses.

 

 

Islamic Iran has wished a “one-state” solution with the Palestinians and Israelis living together harmoniously, something that seems utopian at best, devious at worst — though recall too Martin Buber’s letter to Tagore.   British foreign policy invented the “two-state” solution ever since the Balfour declaration. It has proved infeasible. Tony Blair became the so-called “Quartet envoy” or whatever immediately after being UK prime minister and was supposed to herald in the two-state solution. He palpably failed and should have resigned when Israel attacked Gaza last month but that may have been too much to expect. Israel today seems to want to impose the “zero-state” solution by extinguishing Gaza (though at one time, pre-PLO and pre-Arafat perhaps, Israel may have proposed itself the annexation of Gaza and the West Bank by Egypt and Jordan respectively).

 

 

All things considered, the “three-state” solution may be the only practical and civilized alternative in the circumstances. Palestine would indeed be remembered, as a place and a culture and a people, and at least the Palestinians would be able to live and thrive and not be attacked.

 

 

Subroto Roy

Two cheers for Pakistan!

Two cheers for Pakistan!

by Subroto Roy

First published in The Statesman, Editorial Page Special Article, April 7 2008, http://www.thestatesman.net

A century has passed since British rulers in India like Curzon and Minto became self-styled interlocutors between Muslims and Hindus of the subcontinent. Up through the 19th century there had been no significant national political conversation between India’s main communities. The “Chief Translator” of the High Court in Calcutta was highly prized for his knowledge of Sanskrit, Persian and English because at least three different sets of laws governed different people in the country. Maulana Abul Kalam Azad wrote of his experience in the Bankim-inspired revolutionary societies of Bengal who treated him with extreme suspicion because they could hardly believe a Muslim wanted to join them as an anti-British rebel.

Jinnah vs Azad

Then came MA Jinnah, Iqbal, Rahmat Ali and others, initial creators of Pakistan whether through greater or lesser motives. Azad, Zakir Hussain, Sheikh Abdullah and other Muslims were equally firm the Pakistan idea was not only bad for India in the world it was bad for Muslims in particular. The Azads condemned the Jinnahs as greedy megalomaniacs, the Jinnahs condemned the Azads as minions of the Hindus. Larke lenge Pakistan, marke lenge Pakistan, khoon se lenge Pakistan, dena hoga Pakistan was the mob-cry during the bloody Partition, while the British, weakened by war and economics and bereft of their imperial pretensions, made haste to leave “this beastly country” to its fate ~ rather hoping the bloodshed would be such someone might hire them to stay on.

Certainly, having used the Indian Army for imperial purposes in the War, Britain (represented locally by a series of smartly dressed blundering fools) behaved irresponsibly in not properly demobilizing that Army during a period of intense communal tension. There were no senior Indian officers ~ KM Cariappa became a Brigadier only in 1946, Ayub Khan was a Colonel under him. Then there were the fatuous “princes” the British had propped up in “Indian India”, few being more than cardboard creatures. Among them was J&K’s ruler who was a member of Churchill’s War Cabinet and had come to harbour illusions of international grandeur. Once J&K’s Muslim soldiers returned to their Mirpuri homes, Jammu and Punjab were in communal conflict, months before the decision that Pakistan would indeed be created out of designated areas of British India just before British India extinguished itself. Army-issued Bren guns came to be used by former soldiers in communal massacres of the convoys of refugees going in each direction.

Part of the problem over J&K since then has been that it seems a dialogue of the deaf. Pakistanis since Zafrullah Khan claimed it was communal violence against Muslims in Jammu and Punjab that prompted the Pashtun invasion of Srinagar Valley beginning 22 October 1947; Indians have always claimed the new (and partly British-officered) Pakistan Army organized and instigated the invasion, coinciding with the planned takeover of Gilgit.

As in all complex moral problems, there was truth on all sides though no one doubts the invasion was savage and that the Pashtuns carried off Kashmiri women, Hindu, Muslim and Sikh. J&K descended into civil war, Abdullah’s secularists backed by the new India, Ibrahim’s communalists by the new Pakistan. Field Marshall Auchinlek, who commanded both Indian and Pakistani armies, had the decency to resign when he realized his forces were at war with one another. That J&K could not be independent in international law was sealed when the 15 October 1947 telegram sent by Hari Singh’s regime went unanswered by Attlee. The tribal invasion from Pakistan caused the old State of J&K to become an ownerless entity in international law, whose territories were then carved up by force by the two new British Dominions (later republics) and the result has been the “LOC”.

ZA Bhutto was perhaps Pakistan’s only politician after that time. The years between the assassination of Liaquat Ali Khan and the rise of Bhutto saw Pakistan’s military begin its liaison with the Americans ~ from the US Ambassador’s daughter marrying the Pakistan President’s son to the leasing of Peshawar’s airfields for U-2 flights over the USSR. Yet Bhutto’s deep flaws also contributed to the loss of Bangladesh and to brutality, supported by the Shah of Iran’s American helicopters, against the Baloch.

Bhutto’s daughter now may have succeeded in death where she could not in life. Like Indira Gandhi, there seemed a shrill almost self-sacrificial air about Benazir in her last days, and, like Indira, her assassination caused all her countrymen including her enemies to undergo an existential experience. Perhaps the public death of a woman in public life touches some chivalrous chord in everyone.

Benazir’s husband was transformed from seeming a rather dubious self-seeker to becoming a national leader of some sobriety. Her old adversary Nawaz Sharif, brought to power by one Army Chief and removed by another, is now a constitutional democrat – seemingly adamant that there be the Rule of Law and not of generals. Most of all, Benazir’s death seemed to completely shut up that most loquacious of Pakistanis: Pervez Musharraf. Musharraf seemed stunned and promised free, fair and transparent elections; though no one believed he would deliver, he somehow did. He would like now to be a senior statesman though it seems as likely his countrymen will not forgive his misdeeds and instead exile him to America.

Afghanistan

Pakistan’s main international problem is not and has never been J&K. It has been and remains its unsettled western border and identity vis-à-vis Afghanistan (as India’s problem has been the eastern border with China). Dr Khan Sahib and Khan Abdul Ghaffar Khan knew this but they were not allowed to speak by Pakistan’s Kashmir-obsessed elite. Zaheer Shah’s Afghanistan was the only country that voted against Pakistan joining the UN sixty years ago.

The present author has said before that Osama bin Laden may well be safely and comfortably in the deserts of North Africa while NATO and the Americans raise hell in Afghanistan and Waziristan pretending to look for him. It is not in India’s interest as it is not in Pakistan’s interest that Western militaries, who seem to have nothing better to do, brutalize Afghans of all descriptions in the name of nation-building or fighting “terrorism”. Afghan nation-building can only ultimately come from the Afghans themselves, no matter how many loya jirgas it takes. What Pakistan dislikes emerging from New Delhi is the sometimes rather supercilious and ignorant condescension that our officialdom is infamous for. Instead, with a new, seemingly clear-headed and well-intentioned Government in Pakistan elected for the first time ever, it may be time for all good people in the subcontinent to raise a glass of fruit juice and say “Two cheers for Pakistan!”

Lessons from the 1962 War: there are distinct Tibetan, Chinese and Indian points of view that need to be mutually comprehended

Prefatory Note: This is part of a series of articles published in The Statesman since October 2007 and republished here, viz., Understanding China, India-USA Interests, China’s India Aggression, Surrender or Fight?, China’s Commonwealth, Nixon & Mao vs India, China’s India Example and China’s Force and Diplomacy. See https://independentindian.com/2009/09/19/my-ten-articles-on-china-tibet-xinjiang-taiwan-in-relation-to-india/

Lessons from the 1962 War

 

 

Beginnings of a solution to the long-standing border problem: there are distinct Tibetan, Chinese and Indian points of view that need to be mutually comprehended.

 

 

SUBROTO ROY

First published in The Sunday Statesman, January 13 2008,  Editorial Page Special Article

 

 

WAR is an existential experience from which nations emerge altered, reflective and sometimes more mature. Germany tried to purge anti-Jewish hatred, Japan to adopt pacifism, Britain to break class-structures, Russia to explode Stalin’s cult. America learnt little from its Vietnam debacle, creating new tactics and technologies to reduce American casualties in war but not showing any improved capacity to comprehend the world beyond its shores and borders.

 

 

India after the 1962 defeat by Mao’s China learnt less than was possible and necessary to do. The Government’s official history concluded: “In a fundamental sense, the origins of the 1962 Sino-Indian conflict lay in Chinese expansionism and occupation of Tibet. The issue got further aggravated due to failure of the Chinese to win over the Tibetans. Indian asylum to the Dalai Lama raised Chinese suspicions about ultimate Indian intentions. On the other hand, India, while tacitly accepting the Chinese occupation of Tibet through a treaty in 1954, failed to obtain any quid pro quo on the border issue.” This is true enough but a deeper probe is also possible.

 

 

India’s 20th Century political and intellectual leadership may have grossly failed to comprehend critical world events in a realistic manner, specifically Vladimir Ulyanov’s German-assisted Bolshevik coup d’etat, the Kuomintang and Maoist takeovers in China, as well as India’s own struggle for Independence. After BG Tilak, Annie Besant, GK Gokhale and other founders of Indian nationalism passed from the scene, leaders arose like MK Gandhi, MA Jinnah, SC Bose and J Nehru who tended to be consumed, to lesser or greater extent, by their own hubris and were less able to see India’s fortunes and capacities in context of a larger world. None had military, administrative or public finance experience needed for practical government; instead there arose almost a new hereditary caste of the “professional politician” who has no other vocation or anything better to do in life. Nazi-admirers like Mashriqi and Rahmat Ali among Muslims and the Mahasabha and RSS among Hindus also lent mainstream Indian nationalism a harsh distasteful colouration.

 

 

Czechoslovakia’s great nationalist Masaryk (who famously denounced Austro-Hungary as a “corrupt, pretentious, senseless relic”) was said to be “a leader who planned further ahead than his contemporaries, understood the corroding effects of power, the vital need of restraint in the ruler, and above all the need for taking the nation into his confidence, educating it in the sense of drawing out all its innate qualities and sharing its manifold aspirations” (Seton-Watson). India’s clear-headed statesmen of that calibre were not among its most visible or ambitious. Vallabhbhai Patel, MAK Azad, C Rajagopalachari and others were left on the sidelines of free India’s politics ~ as Plato predicted, the genuine pilot of the ship of state will be hardly invited to take its wheel nor even want to do so.

 

 

Nehru alone, as chosen by Gandhi, came to wield actual power in the 1950s, having maneuvered Rajendra Prasad to being President. And Nehru, besotted in middle age with a married British woman, seemed awestruck by appearance of a victorious Maoist communism in China just as he had been adoring of Stalin’s Russia two decades earlier. The Congress’s friends among India’s official Communists and fellow-travelers never had much original indigenous grassroots support and always looked abroad for guidance. Non-alignment needed to be made of sterner stuff.

 

 

Nehru’s flawed management of the relationship with Communist China included not merely choosing a favourite like Krishna Menon to head India’s military, but also imagining himself a competent world diplomatist. Girja Shankar Bajpai would have been far superior as India’s first Foreign Minister. In 1952, Bajpai, then Governor of Bombay, wrote to Nehru saying India should inform Zhou Enlai the McMahon Line was firm in law and non-negotiable.

 

 

Was the McMahon Line firm and just? Nehru was no Curzon but it was as a Curzonian imperialist that Mao and Zhou saw him. All Chinese, whether Communist or Nationalist, chafed at the way the Manchu-dynasty’s Empire had been carved up. “China is our India” was Czarist Russia’s intent towards China itself. China had an awful political and military history from when foreign depredations began in the 1840s all the way until the Mao-Zhou era ended in the 1970s. Indeed China’s polity between the 1840s and 1940s suffered far greater chaos and anarchy than India’s in the same period.

 

 

From a Chinese standpoint, Younghusband’s diplomatic and military invasion of Gyantze and Lhasa in 1903-1904 was an insult they had been unable to militarily confront. Curzon sent Younghusband’s expedition because there appeared to be Russian intrigues with the Dalai Lama via the Russian/Mongolian agent Dorjiev who had transmitted Russian ideas of extending its new Siberian railway to Lhasa and posting Cossack soldiers there. The Russians seemed to want to adopt the Dalai Lama given his religious influence over Mongolia. The British were alarmed and determined to annihilate the influence of Dorjiev which they did. Thence came the Anglo-Russian Treaty of 1907 which specified British and Russian spheres of influence in Iran and Afghanistan, and stated Tibet would be dealt with internationally only through the Chinese Empire. The McMahon Line, as a recognition of the traditional boundary, flowed naturally from the legitimacy of the Anglo-Russian Treaty. As for Sinkiang, though a Chinese province since 1884 it came to be ruled by warlords under Russian influence.

 

 

The Mao-Zhou war machine was determined to take over and militarily hold both Sinkiang and Tibet as an assertion of new China’s self-definition against Russia and Britain; hence their denunciation of Nehru as a pawn first of Britain and then of Russia. China building a road surreptitiously between Sinkiang and Tibet through Aksai Chin was reminiscent of Russia’s coercive behaviour against China in building the Trans-Siberian Railway through Chinese territory to Vladivostok. At worst, the Indians would have to admit that erstwhile J&K State since October 1947 had become an ownerless entity whose unclaimed territory had been carved up by force by the new Pakistan, new India and new China.

 

 

From an Indian standpoint, the traditional recognised boundary placed Aksai Chin clearly in Ladakh and not Tibet. Aksai Chain is a salt pit without “a blade of grass” but for all anyone knows, it could be rich in minerals. Karakorum Pass is also newly valuable to the Chinese as they seek to develop a land-route from Baluchistan’s Gwadar Port through Pakistan to China. If India has lost Aksai Chin and Karakorum Pass by force of arms without compensation, force of arms may be the only means of retrieval. Due compensation from China could be Chumbi Valley between Sikkim and Bhutan, and China seems once to have mentioned mutual perpetual lease of Aksai Chin and Chumbi Valley.

 

 

From a Tibetan point of view, the Amban representing the Chinese Emperor was driven out of Lhasa in 1912 and Tibet was independent of China for 38 years. Tibet has as much of a claim to be independent of China as Poland or Ukraine have had to be of Russia. As for the McMahon Line, it is indeed legally non-negotiable between China and India as it flowed directly out of the Anglo-Russian Treaty of 1907, and it was under that Treaty that China received international recognition of its formal suzerainty over Tibet since 1720 until that time. Mao once likened Tibet to the palm of a hand with Ladakh, Nepal, Sikkim, Bhutan and Assam as five fingers. Modern China must decide between such a metaphor of Maoist expansionism (which India would have to militarily resist) and joining the world of international law created since Grotius. Democratic conditions in Tibet would also have to be insisted upon so the Dalai Lama and other Tibetans may return home from India in peace and freedom.

 

 

Nixon & Mao vs India: How American foreign policy did a U-turn about Communist China’s India aggression

Nixon & Mao vs India

How American foreign policy did a U-turn about Communist China’s India aggression. The Government of India should publish its official history of the 1962 war.

by

SUBROTO ROY

First published in The Sunday Statesman, Jan 6 2008, The Statesman Jan 7 2008

Editorial Page Special Article

THE 1972-74 conversations between Richard Nixon and Henry Kissinger on one hand and Mao Zedong, Zhou Enlai and Deng Xiaoping on the other, especially about India, Pakistan and Bangladesh, have been public for a few years now. They make disturbing reading for Indians and Bangladeshis, and for Pakistanis too who may be concerned about the political health of their country. Yahya Khan, Pakistan’s debauched military dictator, made the Nixon-Mao meeting possible and received much praise from Zhou and support from Nixon and Kissinger. Pakistan’s official assessment of Yahya following the 1971 military defeat and secession of Bangladesh was far more candid and truthful, giving the lie to the praise bestowed upon him by Nixon and Zhou in their conversation.

Nixon and Kissinger were decidedly second-rate intellects in political power who believed themselves first-rate ~ a dangerous circumstance. Their policy caused Chiang Kaishek’s Republic of China to be expelled from the UN, its veto-wielding seat taken by Mao’s People’s Republic. The Government of India, under influence of communist sympathisers like Krishna Menon, KM Pannikar, KPS Menon et al, had been pleading the same case at the UN since 1949/1950, rebuffed each time by American veto. Now Nixon and Kissinger yielded to the idea to the delight of Mao-Zhou, and ganged up with Pakistan’s military against democratic India and the new Bangladesh.

Nixon went to Beijing at a time the catastrophic American involvement in Vietnam had reached a peak ~ something that itself was an outcome of the Dulles-Nixon doctrine of a “domino effect” in South East Asia. The Americans failed to comprehend Vietnamese nationalism against France or recognise how that had been historically directed at imperial China. Nixon’s carpet-bombing of Cambodia in needless extension of the Vietnam conflict was to cause the rise to power of Pol Pot and his vicious Khmer Rouge (to remove whom Vietnam attacked, causing China to attack Vietnam in 1979).

Nixon was in Beijing in February 1972 ostensibly to seek Chinese cooperation in ending the Vietnam War, as well as opening an Eastern Front in the Cold War against the USSR. Nixon fancied himself a Metternich-like statesman whose wisdom and brilliance would redesign the international order for a century. What was plain to unsentimental observers was that his underlying purpose was greedy and hardly statesmanlike, namely, winning re-election in November 1972 by outflanking domestic left-wing criticism using photos of having been toasted by Mao himself. That Nixon was no Machiavelli, Metternich or Bismarck but more likely just delusional and paranoid came to be revealed in his subsequent political debacle over Watergate.

The US attitude towards China’s 1959-1962 aggression against India changed drastically because of Nixon’s Beijing visit. Tibet’s people and culture had not been attacked and brutalised by Chiang Kaishek’s Nationalist Army nor by India’s soldiers ~ the Mao-Zhou Communist war machine, fresh from their Korean adventures, did that. There would have been no border conflict between China and India today in 2008 if Communist China had not first invaded and occupied Tibet.

All such fundamental facts used to be perfectly clear to the Americans as to everyone else. India’s Defence Ministry’s excellent official history of the 1962 war acknowledges the vital aid sent by President Kennedy with the help of Ambassador Galbraith. Ten years later, in 1972, Nixon and Kissinger in Beijing changed all that completely and did a U-turn against India using the dubious book of a single journalist as cover for their dissimulation:

“ZHOU: …. Actually the five principles (of peaceful coexistence) were put forward by us, and Nehru agreed. But later on he didn’t implement them. In my previous discussions with Dr Kissinger, I mentioned a book by Neville Maxwell about the Indian war against us, which proves this.
NIXON: I read the book.
KISSINGER: I gave it to the President.
NIXON: I committed a faux pas ~ Dr Kissinger said it was ~ but I knew what I was doing. When Mrs Gandhi was in my office before going back, just before the outbreak of the (1971) war, I referred to that book and said it was a very interesting account of the beginning of the war between India and China. She didn’t react very favourably when I said that. (Zhou laughs)
ZHOU: Yes, but you spoke the truth. It wasn’t faux pas. Actually that event was instigated by Khrushchev. He encouraged them. In looking at 1962, the events actually began in 1959. Why did he go to Camp David? In June of that year, before he went to Camp David, he unilaterally tore up the nuclear agreements between China and the Soviet Union. And after that there were clashes between Chinese and Indian troops in the western part of Sinkiang, the Aksai Chin area. In that part of Sinkiang province there is a high plateau. The Indian-occupied territory was at the foot of the Karakorums, and the disputed territory was on the slope in between.
KISSINGER: It’s what they call Ladakh.
NIXON: They attacked up the mountains.
ZHOU: We fought them and beat them back, with many wounded. But the TASS Agency said that China had committed the aggression against India…..They just don’t want to listen to reason. Anyway, the TASS Agency account had the effect of encouraging India. And also Maxwell mentioned in the book that in 1962 the Indian Government believed what the Russians told them that we, China, would not retaliate against them. Of course we won’t send our troops outside our borders to fight against other people. We didn’t even try to expel Indian troops from the area south of the McMahon Line, which China doesn’t recognize, by force. But if (Indian) troops come up north of the McMahon Line, and come even further into Chinese territory, how is it possible for us to refrain from retaliating? We sent three open telegrams to Nehru asking him to make a public reply, but he refused. He was so discourteous; he wouldn’t even do us the courtesy of replying, so we had no choice but to drive him out. You know all the other events in the book, so I won’t describe them, but India was encouraged by the Soviet Union to attack.
NIXON: I would like to ask the Prime Minister a question with regard to Bangladesh recognition. We have delayed recognition though Britain and other countries have done so.
ZHOU: France has also recognised Bangladesh.
NIXON: Before we make a decision on that, we have tried to find the attitude of (Zulfikar Ali) Bhutto. And Bhutto indicated he does not object to recognition. In fact he could see that we would have some advantage in not leaving the field clear to the Soviet Union in that region. It is our understanding that India is supposed to withdraw all its forces from Bangladesh by the 24th of March. And based on what we have for consideration, we have for consideration the possibility of recognising Bangladesh about that time….”
“ZHOU: …. we truly wish to see (India) truly withdraw their troops in East Pakistan, now called Bangladesh. We wish to see them truly do this and not just with words. Of course they can only do that superficially, because if they get some Bengali forces to remain and join Mujibar Rahman, there would be no way to be sure because the Bengalis all look the same. But that would trouble to the future of India and Mrs Gandhi herself. The Indians said they have no territorial ambitions, but the development of events is that they have remained in their place and refused to withdraw. Once again we can only cite the events of Indian aggression in the 1962 war. At that time our troops pressed to the foothills quite close to Tezpur in Assam, and when they reached that place, Chairman Mao ordered that all troops should turn back. We turned back to the Indians ~ this is in Maxwell’s book ~ and we withdrew all troops back north of the so-called McMahon Line because one must show one can be trusted and must not wait for others to act…. India should withdraw its troops from the areas it is occupying in West Pakistan, and Pakistan should also withdraw from the lesser areas it occupies in India. Bhutto agrees. These two things, at least, the Indian side should abide by. If the US recognises Bangladesh after this situation is brought about, then we believe this would raise the prestige of the US in the United Nations.
After all, what you want is to bring about the withdrawal of all troops from Bangladesh and West Pakistan. Also, you will be able to encourage Mr Bhutto and give him some assistance. That is what they need. You said your actions should be parallel to ours, and we don’t mind that. We said this both to Yahya, the former President, and to the present President. Both of us owe something to Yahya, although he didn’t show much statesmanship in leading his country, for (bridging) the link between our two countries.
NIXON: He is a bridge.
ZHOU: We should not forget and we cannot forget, especially that Dr Kissinger was able through him to come secretly for talks here. And when a man makes a contribution to the world, we should remember him.
KISSINGER: Actually the President sent a message to Bhutto that he should treat Yahya well in retirement and we would not look favourably on any retribution. It was a personal message from Pakistan.
ZHOU: …. At the time of the ceasefire they (the Pakistanis) still had 80,000 troops in East Pakistan. It was not a situation in which they couldn’t keep fighting….. Yahya should have concentrated his troops to win a victory, and once the Indians had suffered a defeat they would have stopped because West Bengal was not very secure either. So at that time even our Vice Foreign Minister still believed they could win the war. Bhutto too…. .
KISSINGER: (Reading from a cable) Mr President, you were speaking of military shipments. We have information that the Soviet Union has shipped since November 150 tanks from Poland and 100 armored personnel carriers from Czechoslovakia. They were shipped in two ships each month in November and December. In January a third ship was to bring military equipment to India.
NIXON: To India?
KISSINGER: To India.
NIXON: The problem is to find some way that West Pakistan can find some military equipment and assistance. On our side, what we will do is to supply substantial amounts of economic assistance to West Pakistan. That would enable West Pakistan to ~ we would think in the interest of its defence ~ to acquire arms from other sources. As a matter of fact, that is the tragedy of our policy in India. We supplied almost 10 billion dollars in assistance to India in the last 20 years ~ very little was military assistance, it was economic ~ and that relieved India so it could purchase very substantial amounts of arms from the Soviet Union, and also manufacture arms. That was not our intent, but that’s what happened. With regard to our aid to India on this point ~ economic assistance ~ we are going to move in a very measured way. I am resisting considerable pressure from the public and the press to rush in and resume economic assistance at former levels. We are going to wait and see what India does with regard to the border problem and our relations generally.
ZHOU: And India actually is a bottomless hole. (Nixon laughs)
NIXON: When the Prime Minister referred to the problem India has with Bangladesh, as I look at India’s brief history, it has had enough trouble trying to digest West Bengal. If now it tries to digest East Bengal it may cause indigestion which could be massive.
ZHOU: That’s bound to be so. It is also a great pity that the daughter (Madame Gandhi) has also taken as her legacy the philosophy of her father embodied in the book Discovery of India (in English). Have you read it?
KISSINGER: He was thinking of a great India empire?
ZHOU: Yes, he was thinking of a great Indian empire ~ Malaysia, Ceylon, etc. He would probably also include our Tibet. When he was writing that book in a British prison, but one reserved for gentlemen in Darjeeling. Nehru told me himself that the prison was in Sikkim, facing the Himalayan mountains. At the time I hadn’t read the book, but my colleague Chen Yi had, and called it to my attention. He said it was precisely the spirit of India which was embodied in the book. Later on when I read it I had the same thought.
NIXON: …. Germany and Japan, received US aid…. why (they) have done so well, it is because they have qualities of drive and are willing to work hard, whereas some other countries we have helped do not have this quality. This brings me to the point: it is not the help that is provided a country that counts, it is whether the people of that country have the will to use this help. If they don’t have that, the money just goes down a rathole. A pretty good example is aid to India. (Zhou laughs)… India is not able to do much with aid because as compared with Japan, it does not have the drive, or the spirit of determination that the Japanese people have…..”

Genocide
Every Bangladeshi knows the causal role Z A Bhutto had in Pakistan’s civil war yet it is upon the word of such a man that Nixon’s recognition of their nation seemed based. The famous “Archer Blood telegram” by the American Consul-General in Dhaka reporting the genocidal Yahya-Tikka assault on East Pakistan starting March 25 1971 meant nothing to Nixon and Kissinger. Benazir retained her charm in Washington’s power circles because she was Bhutto’s daughter. Similarly, as recently as the 1999 Kargil conflict, Bill Clinton flatteringly referred to China for advice on how to deal with India and Pakistan.

Perversely enough, many in New Delhi, Kolkata etc express so much confused love for both China and the United States that they have accepted as their own the biased baseless opinions about India expressed by Nixon, Kissinger and the Communist Chinese. They would do well to read instead the Defence Ministry’s excellently researched historical account of the 1962 war, which the Government of India should not only publish properly at once but have translated into Mandarin as well.

Dr Manmohan Singh has as recently as 29 November 2007 expressed the opinion: “The type of leadership that China has produced since the days of Deng, I think, is the greatest asset that China has”. Dr Singh might have said, but did not, that China’s greatest asset has been in fact the preservation of Confucian values despite decades of communist tyranny and destruction. With such deep misapprehension about post-1949 China on the part of India’s present Head of Government, it may be unlikely that New Delhi or Kolkata acquires a realistic view of our neighbour or of a healthy China-India relationship in the 21st Century.

Saving Pakistan: A Physicist/Political Philosopher May Represent Iqbal’s “Spirit of Modern Times”

Saving Pakistan: A Physicist/Political Philosopher May Represent Iqbal’s “Spirit of Modern Times”

by Subroto Roy

First published in The Statesman, Editorial Page Special Article, August 13 2007, http://www.thestatesman.net

Pakistan’s Nobel winning particle physicist Abdus Salam (1926-1996) was, like Pakistan’s most eminent jurist Zafrullah Khan (1893-1985), treated badly by his country and compatriots merely because of his religious beliefs as an Ahmadiya/Qadiani. This itself may be an adequate reason for secular thinking when it comes to identifying Pakistan’s or any country’s interests. Pakistan has had eminent poets and writers but there have been no dedicated first-rate technical economists ~ and no serious political philosophers other than, recently, Pervez Hoodbhoy who is a physicist. Most political economy by Pakistanis about Pakistan has tended to be at the level of World Bank bureaucratic reports or traveller’s tales, which have their uses but hardly amount to profound insight or significant scholarship. (We in India also have had numerous minor World Bank/UN bureaucrats, with or without PhDs about anything, passing themselves off as experts on India’s political economy.)

Yet during Pakistan’s present national crisis (and Pakistan has continually faced crises ever since 1947) people must go back to first principles of political economy and ask questions like “Who are we?”; “What are we doing to ourselves?”; “What is our future?” etc ~ questions about national identity and national viability and national purpose.

Abu Dhabi Pact

On 29-30 July, a deal was reportedly struck in Abu Dhabi after a secret face-to-face meeting between Pervez Musharraf and Benazir Bhutto: he would stay on as President for five years, she would be PM and Head of Government, have prosecutions against her dropped and get back her enormous frozen wealth. Such would be the intended outcome of the long-touted return to fair competitive elections later this year. The deal was brokered by British, American, Saudi and other go-betweens outside Pakistan, and is an overt way of keeping Musharraf in power while also seeming to allow a large concession by way of the return of a purported symbol of democracy like Benazir.

But Benazir seems out of touch with reality. When she returned two decades ago as a young unmarried woman confronting General Zia ul-Haq, she was a genuine popular hero. Her father’s judicial execution at Zia’s hands was still fresh in public memory, and Zulfiqar Ali Bhutto, no matter how misguided his ideologies, had some makings of a serious modern Pakistani nationalist politician.

Benazir as a middle aged matron is not her father and has lost almost all political credibility with her flip-flopping opportunism, and is now seen merely as a face agreeable to the West. Her good looks were discussed on American TV by the comedian Bill Maher while Musharraf’s publicity agent had him sharing jokes on a rival TV comedy – however, American TV audiences are or should not be a Pakistani constituency.

Benazir also forgets that Zia had set up Nawaz Sharif as an ally of the Pakistan military against her own populism in the late 1980s, just as she is being set up now as an ally of the same military against people like Sharif, Javed Hashmi, Maulana Fazlur Rahman and Imran Khan. Musharraf overthrew Sharif and jailed Hashmi and they are his declared foes; the other two have expressed opinions hostile to Western military presence in Pakistan and Afghanistan. The Maulana made a nationalistic overture towards India, while Imran has openly praised Indian democracy despite its faults. But Indian foreign policy has not responded and seems under manifest influence of the Western powers ~ had we felt and thought with genuine independence we could have, for example, easily declared and implemented large-scale humanitarian food-aid from the FCI’s wheat-stocks for the people of Afghanistan and Iraq as was suggested in these pages a year ago.

A Musharraf-Benazir alliance is hardly destined to save Pakistan and will be no more than a cynical example of short-term opportunism: we in India can expect them to use J&K as traditional rhetorical camouflage for their own continuing misgovernance and corruption. As in Iraq, Palestine and Afghanistan, the Western powers face the dilemma that any government they support in Pakistan will be perceived as lacking legitimacy while a genuine hands-off policy could result in legitimate popular governments which seem to Western Governments beyond their control and hence seemingly adverse to Western interests.

The West has long ill-understood Pakistan, partly because it has seen Pakistan merely to be used as a source of convenient military manpower and real-estate for itself as and when necessary. American diplomats were reporting as early as November 1951 that Maulana Maududi’s Jamaat were hostile to the “evils” of Western materialism which they wanted to “do away with root and branch” in the country. In January 1976, American diplomats were reporting Pakistan’s “crash program to develop nuclear weapons”, and by June 1983 that Pakistan was close to nuclear test capability, intended to deter aggression by India “which remains Pakistan’s greatest security concern”. For Islamic revivalism to coincide with nuclear weapons in the last decade has been something long-predictable if there had been adequate will to do so.

Right wing politicians and religious fundamentalists have come to power in countries with nuclear weapons without untoward results, e.g., Likud in Israel or the BJP/RSS in India. (It is America’s present leaders, as well as all main Democrat and Republican presidential candidates except Ron Paul, who have unilaterally threatened nuclear attacks on a non-nuclear country that has not committed aggression against anyone.) There is no obvious reason why an elected legitimate “conservative” or right wing government in Pakistan must come to pose a special nuclear danger to anyone. If it is serious about governance (which Musharraf-Benazir may not be), it may even succeed in finding enough sobriety and political honesty to start to face up to Pakistan’s real economic and social problems which are vast in size and scope.

Wali Allah vs Iqbal

“We are an Arab people whose fathers have fallen in exile in the country of Hindustan, and Arabic genealogy and Arabic language are our pride,” said Wali Allah (1703-1762). Two centuries later, Mohammad Iqbal (1877-1938), in his 1930 Presidential Speech to the Muslim League in Allahabad conceptualising today’s Pakistan, wished precisely to become free of that Arab influence: “I would like to see the Punjab, NWFP, Sind and Baluchistan amalgamated into a single state… The life of Islam as a cultural force in this living country very largely depends on its centralisation in a specified territory… For India it means security and peace resulting from an internal balance of power, for Islam an opportunity to rid itself of the stamp that Arabian Imperialism was forced to give it, to mobilise its law, its education, its culture, and to bring them into closer contact with its own original spirit and the spirit of modern times.”

That “spirit of modern times” is today represented most prominently in Pakistan by Pervez Hoodbhoy. In a December 2006 speech, Hoodbhoy suggested a new alternative to MA Jinnah’s ”Faith, Unity, Discipline” slogan: “First, I wish for minds that can deal with the complex nature of truth…. My second wish is for many more Pakistanis who accept diversity as a virtue… My third, and last, wish is that Pakistanis learn to value and nurture creativity.” And he has spoken of bringing “economic justice to Pakistan”, of the “fight to give Pakistan’s women the freedom which is their birthright”, and of people to “wake up” and engage politically. We shall witness a most engaging battle if Benazir and her new military friends all representing the jaded and corrupt old political power structures, come to face in the elections a new conservative alliance of people like Sharif, Hashmi, Fazlur Rahman and Imran all infused with Hoodbhoy’s scientific liberalism representing Iqbal’s ”spirit of modern times”.

Home Team Advantage

Home Team Advantage

On US-Iran talks and Sunni-Shia subtleties: Tehran must transcend its revolution and endorse the principle that the House of Islam has many mansions

First published in The Sunday Statesman Editorial Page, Special Article, June 3 2007


By SUBROTO ROY

On Monday 28 May in Baghdad,the American and Iranian Governments held their first official face-to-face talks in some 26 or 27 years. This sheer fact is a good thing. For more than two years there has been incessant sabre-rattling and gunboat diplomacy by the USA against Iran, as well as provocative words and deeds by Iran’s President against America’s Israeli ally (though it is apparently false his words included saying he wished Israel “wiped off the map”). Palmerston said there are no permanent allies among nations. The last unofficial transactions had to do with the notorious “Iran-contra” affair which blighted Ronald Reagan’s second term as President. Iran was sold American weapons from Israel (yes, the same Iran and same Israel) for use against Iraq (the same Saddam’s Iraq which had been Rumsfeld’s friend and which apparently received American intelligence and logistics help against yes, the same Iran); the moneys the Americans received were then used to pay for anti-Sandinista “contra” forces in Nicaragua (so they could, for example, buy American weapons too). Apart from that unofficial and embarrassing “Iran-contra” affair, the American and Iranian Governments had not had face-to-face discussion since diplomatic relations broke in 1980 during the “hostage crisis”.

Arthur Millspaugh, an American invited by the Iranians to help their public finances, once wrote: “Persia cannot be left to herself, even if the Russians were to keep their hands off politically.… Persia has never yet proved its capacity for independent self-government.” The title of his 1925 book America’s Task in Persia reflected the old paternalist attitude that an imperialist power must necessarily know better than local people what happens to be in their interest in the way a parent knows better than a child. Even that otherwise great libertarian JS Mill himself once suggested that contact with a “superior people” allowed rapid advancement. India’s “Lenin Peace Prize” winner and Soviet sympathiser KPS Menon Sr (grandfather of our present top diplomat) said the same after the 1979 invasion and occupation by the USSR of Afghanistan. Nationalists of all colours and times ~ from Tom Paine, Patrick Henry (“Give me liberty or give me death”) and George Washington to Bal Gangadhar Tilak (“Swaraj is my birthright and I shall have it”), Ho Chi Minh and Ayatollah Khomeini ~ would disagree.

Indeed, in the Iranian case, the Khomeini Revolution was the antithesis of the imperialist doctrine. But Iranian revolutionaries then seized the American Embassy on 4 November 1979 and took 66 hostages. Thirteen women and black Americans were released two weeks later; one man was released due to ill-health in July 1980. In a failed attempt to rescue the remaining 52, eight American military personnel died on 25 April 1980. The 52 hostages, including two women and one black, were released on 20 January 1981 under the “Algiers Accord”, a day before Reagan became President. Even if the US Embassy in Tehran had been a den of spies, as the Iranians claimed, the Revolutionary Government could have ordered them all to leave and ended diplomatic relations.

Instead hostages were taken in deliberate violation of international law. The United States Government under duress on 19 January 1981 had to sign the “Algiers Accord”, the first point of which stated: “Non-Intervention in Iranian Affairs: The United States pledges that it is and from now on will be the policy of the United States not to intervene, directly or indirectly, politically or militarily, in Iran’s internal affairs.” That was the “blowback” from the coup d’etat against Iran’s democratic government under Mossadeq in 1953 which the CIA had engineered. Modern US-Iran relations have been about two wrongs ~ indeed multiple wrongs ~ not making a right.

From Algiers until the Baghdad meeting there was no official interaction between the USA and Iran (besides the Iran-contra affair and American relief supplies during an Iranian earthquake). The present US-Iran talks had to do with the catastrophic mess in Iraq, and were held via the current Al-Maliki Government of Iraq which is beholden to both as patrons.

Saddam’s Iraq had been officially secular not an “Islamic Republic”. But its Baathist national-socialism (with yes, a few silly Nazi aspects) had been populated mostly by Saddam’s fellow Sunnis, and there was some vicious anti-Shia persecution.
Doctrinally, the Sunni-Shia conflict may have originated during Prophet Muhammad’s lifetime. “In the words of al-Baghdadi, a Sunni is one who believes in the creation of the universe, the unity and pre-existence of its Maker, the apostolate of Muhammad, recognizes and observes the duties of the five prayers, fast of Ramazan, poor-rate and pilgrimage, and does not adulterate his faith with an abominable innovation which leads to heresy.” (Imtiaz Ahmad in Grewal ed. Religious Movements and Institutions in Medieval India, p.277). Shias claim that exegetical authorities, both Sunni and Shia, record the Prophet on 10 March 632 AD at the pool of Ghadir “while returning from his last pilgrimage to Mecca… delivered his farewell address” in which he declared Ali ibn Abi Talib his successor (S. Ali Nadeem Rezavi, ibid., p. 281). No logical contradiction between Sunnis and Shias seems obvious from this.

But there also have been racial and cultural aspects to the division. Arabs, though not Iraqi Arabs, are mostly Sunni while Iranians are mostly Shia. At the same time, Persian culture and history has had incorrigibly Zoroastrian roots just as Egypt was the land of the Pharoahs and Arabia of Meccan paganism. Mesopotamian culture has had Sumerian and Babylonian roots, and Indian Islam has grown among the cultures of Hindus, Buddhists, Jains and Sikhs. Intra-Muslim conflict will be reduced only when it becomes generally recognised that the House of Islam has had many mansions.

Saddam’s war against Khomeini’s Iran was not a religious war but one between two putative nation-states. In Iraqi junior schools during the war, a class of 40 pupils could be divided by academic merit such that the top 20 would play brave Iraqis in the school-play ~ the hapless bottom 20 had to play the wicked Persians, leaving them in tears as well as in simulated defeat.

What the current US-UK invasion and occupation of Iraq has quite deliberately accomplished is the destruction of Iraq as a putative nation-state and the fanning of mostly suppressed Shia-Sunni differences instead. The idea of “regime-change” in Teheran in the old way of the CIA coup against Mossadeq also has not been far from Anglo-American thinking in the current confrontation with Iran. “Who lost Iran?” was an American political slogan in the 1980s, and there are day-dreamers in Washington think-tanks today who have fantasies of Iran being run by compliant “Iranian-American” émigrés from Los Angeles. But instead the destruction of Saddam’s regime inevitably has led to Iran’s strengthening, as all Iraqi Shia forces made dominant as a result are, at least from a doctrinal standpoint within Islam, united with Tehran to greater or lesser degree. A new Iraq-Iran war is hard to imagine as along as Shias dominate Baghdad’s Government. Iran for its part needs to demonstrate that it has transcended its revolution and that it unequivocally endorses the principle that the House of Islam has many mansions.

The British and Americans are great lovers of sports and inventors of many modern games played on fields around the world, from cricket and soccer to basketball. Their Governments seem to have forgotten in their foreign policy theorising that there is such a thing as “home-team advantage”. Imperialists ultimately can never defeat nationalists, because, at the end of the day, imperialists have to either go home or (as Conrad and Coppola knew) “go native”. In the new Iran-USA talks, both sides may have sensed Iran has the home-team advantage. The most the United States can do to Iran is bomb it and leave.