Swat: Nizam-e-Adl – A Smart Move?

Guest Blog by Insociant

swat-the-peopleNizam-e-Adl 2009 bill was finally tabled in the Parliament and all the major political parties except MQM voted for the bill and it became a law within no time. President Zardari made a clever move by sending the bill in the Parliament. On one hand if the peace lapses or the militants grow strong then the share of blame will now be equally shared by all the political players. On the other hand, the Pakistani government can sell the peace deal abroad with more audacity since it now enjoys the backing of the representatives of people. While some are hailing this move as signs of political maturity, many quarters are criticizing it in the strongest of terms. Many ‘liberal secularists’ are calling it ceding the land of Swat to the fascist Talebans who took up arms against the state. One must not forget the separate status of Swat area that it enjoys as PATA under the constitution of 1973. The presence of a popular demand for the Sharia law among the locals can not be disputed as it has been surfacing for decades. The present militancy in Swat was just another link in the chain which aimed at exploiting the long sown resentment among the masses.

The law Nizam-e-Adl is all about the procedural changes in the judicial system of Malakand system. A divisional Shariah bench, or Darul Quza, will be established, which will be empowered to make a final decision and the last court of appeal will be the Federal Shariat Court. This does not require a constitutional amendment since the jurisdiction of Supreme Court to the PATA areas was only extended by an ordinary legislation in 1973. The law does not infringes upon any basic fundamental right provided in the constitution. Existing judicial officers would continue to preside over all the courts in Malakand and Kohistan. The criminal and civil cases would be disposed of in the stipulated time of four and six months, respectively. There will be no Taleban-run courts in the district and the interpretation of Sharia will be done by Qazi which will be the nomination of government and not of some Sufi Mohammad or Fazlullah.

The government has made a smart move and called a bluff on all those miscreants who had some other petty agendas in the ongoing militancy wave. Although it has set a worrisome precedent as the government negotiated from a weak position; but then again is peace and security of locals not the first priority of the state? Much will depend on the government now, if it really has the will and capacity to restore its writ in the region. Swat needs some Martial Plan now, it has been kept in the back-burner in the past due to our own follies. The locals are demanding land reforms as there are plenty of their land cases stuck in the courts since 1969, when Wali- led Swat was annexed. It remains to be seen if the government can address all the grievances of the locals but the current peace deal has certainly given the government a chance to do that.


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145 responses to “Swat: Nizam-e-Adl – A Smart Move?”

  1. Aamir Mughal Avatar

    Dear Sir,

    My comment are inserted after every allegation.

    The sects emerged during the Battle of the Camel between Aisha and the Ummayids and Ali who was not an Ummayid but a companion of the prophet.

    AM: Muawiyah [May Allah be pleased with him] was Companion of Prophet Mohammad – PBUH and he was his Scribe [Kaatib-e-Wahi] as well [Reference: Bukhari, Muslim, Tirmidhi, and Tabarani and Shia's most quoted book Nehjul Balagha]

    Ali came to power but the Ummaya clan did not want him.

    MAM: Not at all and it is also wrong because the only difference was how to punish the murderers of Uthman [May Allah be pleased with him] {Reference : Nehjul Balagha – Shia Book]

    Aisha being Abu Bakr’s daughter and from Bani Ummaya was seen by Banu Ummaya as an asset.

    AM: Wrong again. Both were not of Banu Ummaya but Bani Teem Bin Marra Bin Ka'ab [Reference: Tabaqat-e-Ibn Saad]

    The Khawariji were from the Najd area. they were weak as they lacked the prestige of Mecca who carried the prophet’s blood.

    AM: Wrong again, they were in Kufa – Iraq [Ibn-e-Khaldun, Al-Fisal fi al-Milal wa al-Ahwa’ wa al-Nihal by Ibn Hazm, Al-Milal wa al-Nihal كتاب الملل و النحل by Abdul Karim Al Shahrastani, Al-Ghunya li-talibi tariq al-haqq wa al-din by Abdul-Qadir Gilani, Talbees Iblees – Arabic [The Devil's Deception] by Ibn al-Jawzee.

    It was during the Ummayads power that many of these hadiths spread around. The Ummayds ruled for 100 years and then the Abbasids(Banu Hashim) took power. They introduced the concept of Shariah law and it was there era when these sects moved from political sects to religeous sects by invoking the Sunnah.

    AM: Wrong again. Hadith were compiled and collected during Prophet's Life [Read the links on Hadith above wherein several original Arabic books are mentioned]

    The Ummayads are known as Sunnis, The banu Hashim are the Shias but they changed to Sunni probably because the Shia tradition was too rebelious.

    AM: All were Muslims and the 11 Imams of Shias [shia call them Shia] were also Muslim [Al-Fisal fi al-Milal wa al-Ahwa’ wa al-Nihal by Ibn Hazm, Al-Milal wa al-Nihal كتاب الملل و النحل by Abdul Karim Al Shahrastani, Al-Ghunya li-talibi tariq al-haqq wa al-din by Abdul-Qadir Gilani, Talbees Iblees – Arabic [The Devil's Deception] by Ibn al-Jawzee.

    Al Shafi and Imam Malik were the inventors of the Sunnah.

    AM: Reference please.

    The Khawriji are the wahhabis of today. the live in the najd area where Al Saud comes from.

    AM: Wrong again because you are misinterpreting the Hadith-e-Najd

    http://chagataikhan.blogspot.com/2008/10/barelvis

    Ali never oppossed Abu Bakr or Omar. these are lies.

    AM: Correct, I agree.

    Hussein wanted power for himself just like Aisha wanted power for herself. They were supported by their clans.

    AM: Wrong absolutely wrong [Read Bukhari and Muslim]

  2. dr.jawwadkhan Avatar
    dr.jawwadkhan

    "I never supported or wrote anything in favour of any drone attack etc against innocent civilians"

    ______________________________________________________

    then why you are criticizing the uncontrolled retaliation?

    why you are here? just to magnify the reaction.

    you do not supported? …but your leaders are supporting it.

    why we did not see any condemnation from the leadership of MQM?

    "And this satanic nizam-e-adl is nothing different from zionism or American imperialism"

    it is not the system it is your fiendish mentality which make you blind the most obvious ground reality that this nizam e adal is a popular demand of the people of sawat.

    you are unable to see…why? because kala bawaseeri is against the shariyah.

    believe me your ignorance sucks more than my english language.

  3. Aamir Mughal Avatar

    hey Amir mughal! your pervezi friend appeared.why don’t you talk to him? rather forcing me repeat myself again and again. [Dr Jawwad Khan]

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

    Dear Jawwad Sahab,

    You are declaring me a Kaafir [Infidel] whereas I am a Muslim and one must be very careful when you declare any Muslim a Kaafir:

    Whoever offers prayers as we do and turns his face to our Qiblah and eats the animal slaughtered by us, he is a Muslim for whom is the covenant of Allah and the covenant of the Messenger of Allah; so do not violate Allah’s covenant.” [Sahih Bukhari]

    “Ibn Umar related that the Holy Prophet said: If a Muslim calls another kafir, then if he is a kafir let it be so; otherwise, he [the caller] is himself a kafir.”(Sunnan Abu Dawood)

    “Abu Zarr reported that the Holy Prophet said: No man accuses another man of being a sinner, or of being a kafir, but it reflects back on him if the other is not as he called him.”(Bukhari)

    “Withhold [your tongues] from those who say `There is no god but Allah’ — do not call them kafir. Whoever calls a reciter of `There is no god but Allah’ as a kafir, is nearer to being a kafir himself.” (Tabarani, reported from Abdullah Ibn Omar)

    If the above Hadiths do not satisfy then read this!

    Usaamah bin Zaid reported,

    “Allaah’s Messenger sent us towards Al-Huruqa, and in the morning we attacked them and defeated them. I and an Ansari man followed a man from among them and when we overwhelmed him, he said, “La ilaha illal-Lah.” On hearing that, the Ansari man stopped, but I killed him by stabbing him with my spear. When we returned, the Prophet (sal-Allaahu `alayhe wa sallam) came to know about that and he said:

    “O Usaamah! Did you kill him after he had said “La ilaha ilal-Lah?” I said, “But he said so only to save himself.” He kept on repeating that so often that I wished I had not embraced Islaam before that day. [Agreed upon, and this is the wording of Bukhari]

    and in another version in Sahih Muslim about the same incident:

    “Did you tear open his heart to see what was in it?” [Muslim]

  4. Unaiza Fatima Avatar
    Unaiza Fatima

    Jawwadkhan

    Why they have to "retaliate" against namazis in masajid? why they have to retaliate by slaughtering muslims? And there were no drone attacks or any operation in tribal areas when they started their satanic business by destroying masajid in Karachi in 2003-04. Is it an excuse for all the dirty things they are doing in the name on retaliation and Islam? Whom are you trying to fool? Yourself? me? all others? And watch your potty-mouth and mind your language.

    And look at the resolution at Ulema convention held under Mufti Muneeb-ur-Rehman condemning these morons like Sufi or Fazlulla. What do you say now?

  5. Unaiza Fatima Avatar
    Unaiza Fatima

    Jawwadkhan

    I'll give you a break. You are busy in you baseless arguments with others too. So much for you thick skull. So bye for now!

  6. dr.jawwadkhan Avatar
    dr.jawwadkhan

    why the hell i always hurl the stone at human shit?

    i am sorry for myself

  7. dr.jawwadkhan Avatar
    dr.jawwadkhan

    and what the ulemas are saying about nizam e adal?

    does it match with the shit which kala bawaseeri is omitting?

  8. dr.jawwadkhan Avatar
    dr.jawwadkhan

    these pajams of MQM fail to realise that there is a big difference between nizam e adal and talibani judicial system.

    pajama dheela ho ya tang

    quaid hi ke sang

  9. Danial Burki Avatar
    Danial Burki

    Of course there's a difference, despite both being born of the loins of the ignorance that is organised religion.

    The point is, most Taliban can't even read the Nizam-e Adl's text. Further, they've refused to have it enforced by the Pakistani state; they've also categorically stated that there will be no appeal available to a citizen after a qazi court has decided on a case. So you and other deluded people of the religious right (stand up, Shireen Mazari!) can nitpick all you want: the fact is that the Taliban will do what they place, and that the Nizam-e Adl is merely a document of surrender.

    And on that note, while I may have disagreements with him on many issues, I have nothing but respect for Ayaz Amir for registering his dissent despite the Taliban's threats.

  10. dr.jawwadkhan Avatar
    dr.jawwadkhan

    http://www.nytimes.com/2009/04/17/world/asia/17ps

    see how precise and accurate americans are in analysing taliban.

    and pakistani "intellectuals"?

    boy! i better keep quite about that.

  11. Danial Burki Avatar
    Danial Burki

    No, no, please don't. Elaborate further, as I fail to see your point ref the link you posted.

  12. dr.jawwadkhan Avatar
    dr.jawwadkhan

    the point is that instead of realizing the actual problem and evolving a strategy,pakistani "intellectuals" yelling,screaming and complaining about taliban and islamic shariyah.

    in your post you just wrote that:

    "they’ve also categorically stated that there will be no appeal available to a citizen after a qazi court has decided on a case"

    these qazi's will be oppointed by govt .

    most probably the district majestrates and session judges.

    that is why seerin mazari said that taliban will loose almost every thing in nizam e adal.

    not only control but also the qazi courts will be under govt supervision and will be run by govt officials.

    and top of that most of "intellectuals" do not know about the history of nizam e adal and how it worked in sawat and how much it was beneficial for the people of sawat.

    they consider this nizam e adal equalent of courts set up by the taliban.

    the point is taliban know better about the pakistani society than "english" walkies and talkies type "educated" and "uptodate" asses.

  13. Insouciant Avatar

    To all those exuberant commentators, i would advise please read the actual text of Nizam-e-Adl before giving upon your wise verdicts about the law.
    http://khawerkhan.wordpress.com/2009/04/16/nizam-

    The fact of the matter is that the Qazis will be the appointees of the government and not of some Sufi or Fazlullah. Similarly the High Court and the Supreme Court will set up their appellate benches in the Malakand district with a different name. And there is no clause in the bill that gives some role to the Talebans or TSNM. The government has not surrendered the area to the militants as many of you would believe.

  14. Malik Avatar
    Malik

    Koranist wrote:

    "Hussein wanted power for himself just like Aisha wanted power for herself."

    My Reply:

    You are both disgusting and an ignoramus of the highest order. When you want power, you don't choose to sacrifice your life and that of your family. If Hussain (AS) had wanted power, he would have amassed an army to fight Yazid.

    Instead, Hussein took a principled stand against the tyrannical Yazid, against all odds and without ANY political support, with ONLY his close friends and family, including women and children, knowing full well that he and his entire family would be massacred, but that his stand against tyranny would create a precedent for people for all time to come.

  15. Zaki Avatar
    Zaki

    dr.jawwadkhan,

    Danial burki is a *kala angrez*, they can not be compared to the *real angrez*. Usually people in the west respect Islam, even if they wouldn't agree with it. They wouldn't act facist, unless they are from bubba-land (red necks).

    The literate, educated people in the west are far better than our *bey deen*, *kaley angrez*. They atleast follow their codes of ethics and laws, where as our secular facists don't follow any deen nor any ethics.

  16. koranist Avatar
    koranist

    The need of creating some kind of theoretical justification for what so far had been an instinctive reliance on the opinions of the majority, led, from the first decades of the second/eighth century onwards, to the living tradition being retrojected, and to its being ascribed to some of the great hgures of the past. This process, too, began in Kufa, where the stage of doctrine achieved in the time of Hammad b. Abi Sulayman (d. I20/738) was attributed to Ibrahim al-Nakha'i (d. 95-6/7I3-I5). The Medinese followed suit and retrojected their own teaching to a number of ancient authorities who had died about the turn of the century, some of whom later became known as the 'seven jurists of Medina'. At the same time as the doctrine of the school of Kufa was retrospectively attributed to Ibrahim al-Nakha'i, a similar body of doctrine was directly connected with the very beginnings of Islam in Kufa by being attributed to Ibn Mas'ud, a Companion of the Prophet who had come to live in that city, and Ibrahim al-Nakha'i became the main transmitter of that body of doctrine, too. In the same way, other Companions of the Prophet became the eponyms of the schools of Medina and of Mecca. One further step in the search for a solid theoretical foundation of the doctrine of the ancient schools was taken in 'Iraq, very early in the second/eighth century, when the term ' Sunna of the Prophet ' was transferred from its political and theological into a legal context, and identified with the sunna, the ideal practice of the local community and the corresponding doctrine of its scholars. This term, which was taken over by the school of Syria, expressed the axiom that the practice of the Muslims derived from the practice of the Prophet, but it did not as yet imply the existence of positive information in the form of ' Traditions ' (Hadith), that the Prophet by his words or acts had in fact originated or approved any particular practice. It was not long before these Traditions, too, came into existence, and the persons who put them into circulation were the Traditionists.

    The ancient schools of law themselves represented, in one aspect, an Islamic opposition to popular andadministrativepracticeunderthe later Umayyads, and the opposition group which developed into the Traditionist movement emphasized this tendency. As long as a Companion of the Prophet had been the final authority for the doctrine of a school on a particular point, it was sufficient for a divergent doctrine to be put under the aegis of another Companion of equal or even higher authority, as happened in Kufa where all kinds of minority opinions were attributed to the Caliph 'Ali, who had made Kufa his capital. But after the general authority of the Prophet himself had been invoked by identifying the established doctrine with his sunna, a more specific reference to him was needed, and there appeared detailed statements or 'Traditions' which claimed to be the reports of ear- or eye-witnesses on the words or acts of the Prophet, handed down orally by an uninterrupted chain of trustworthy persons. Very soon the emphasis shifted from proposing certain opinions in opposition to the ancient schools to disseminating Traditions from the Prophet as such, and the movement of the Traditionists, which was to develop into a separate branch of Islamic religious learning, came into being. It was the main thesis of the Traditionists that formal Traditions from the Prophet superseded the living tradition of the school. The Traditionists existed in all great centres of Islam, where they formed groups in opposition to, but nevertheless in contact with, the local schools of law. Initially the ancient schools offered strong resistance to the disturbing element represented by the Traditions, but they had no real defence against their rising tide; they had to express their own doctrines in Traditions which allegedly went back to the Prophet, and to take increasing notice of the Traditions produced by their opponents. Finally the outlines and many details of Islamic law were cast into the form of Traditions from the Prophet. In this way, one of the greatest and most successful literary fictions came into being.

    When the Umayyads were overthrown by the 'Abbasids in I32/750, Islamic law, though still in its formative stage, had acquired its essential features; the need of Arab Muslim society for a new legal system had been filled. The early 'Abbasids continued and reinforced the islamizing trend which had become more and more noticeable under the later Umayyads

    http://www.fordham.edu/halsall/med/schacht.html

    Educate yourself

  17. dr.jawwadkhan Avatar
    dr.jawwadkhan

    Dear Jawwad Sahab,

    Would you like to define this?

    Interest is Haram [Unlawful – Forbidden] in Islam
    http://zakat.files.wordpress.com/2006/11/fatwaonb
    Taqi Usmani consider it Halal through his deviant Fatwa. And do read Daily Jang of 6 Months back because your beloved so-called [more than 30 Ulema] had issued Fatwa against Usmani Sahab so-called Islamic Banking.

    (Amir Mughal)

    ________________________________________________

    is it the same kind of accusation you have repeatedly charged molana modudi with….i.e with out refrences(page no/chapter no)

    would you kindly give us the page number.

    after all no one has a time to read the whole book.

    because the the fatwa from mufti taqi usmani in favour of riba is the last thing one could expected in this world.

  18. Aamir Mughal Avatar

    is it the same kind of accusation you have repeatedly charged molana modudi with….i.e with out refrences(page no/chapter no) would you kindly give us the page number.

    after all no one has a time to read the whole book.

    because the the fatwa from mufti taqi usmani in favour of riba is the last thing one could expected in this world.[Dr Jawwad Khan]

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

    Read Daily Jang [BACK ISSUES MAIN PAGE] because Fatwa was issued against Usmani Sahab's Banking [his whole family is involved] by more then 30 "ULEMAS".

  19. Aamir Mughal Avatar

    http://www.fordham.edu/halsall/med/schacht.html

    Educate yourself [Koranist]

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

    Dear Sir,

    Anybody can type anything in English on the Pious Caliphs and Companions. Please provide original reference to enable us to know that from where the author has concocted lies upon the Companions of Prophet Mohammad [PBUH].

  20. SM Imran HZ Avatar
    SM Imran HZ

    And interesting of you to disregard my reference without even reading it, heh

    Danial
    ———————————————

    thats what they always do; they never take time to read throught other peoples references and try to shout out the opposition…

  21. dr.jawwadkhan Avatar
    dr.jawwadkhan

    Read Daily Jang [BACK ISSUES MAIN PAGE] because Fatwa was issued against Usmani Sahab’s Banking [his whole family is involved] by more then 30 “ULEMAS”.

    (Amir Mughal)

    ____________________________________________________

    date my dear date!

    could you be more specific? please!!!

  22. Aamir Mughal Avatar
    Aamir Mughal

    Dear Jawwad Sahab,

    Check the months of August, September and Oct 2008. There were several Dobandi Mullahs who signed on that Fatwa mostly from Karachi. Please check with Binnori Town, you can phone them as well.

  23. Danial Burki Avatar
    Danial Burki

    @Dr Jawwad, returning to your response above: everyone's trying to come up with one strategy or another, it all depends on the sincerity, motive and success of each.

    You write that "these qazi’s will be oppointed by govt .

    most probably the district majestrates and session judges."

    But Sufi Muhammad has categorically stated that this will not be the case. He completely disregards the actual text of the Nizam-e Adl (under which the government would appoint judges and allow appeal at the Peshawar High Court and the Supreme Court); he has said that HE himself will vet the appointments and HE himself will monitor them. There will be no power of enforcement or accountability with the provincial or federal government. Nor will there be any appeal to a qazi court decision, even in the Supreme Court of Pakistan. (I wonder what the wukla and Justice Chaudhry think of that; suo moto notice, anyone?)

    That is why Shireen Mazari is absolutely wrong. I always doubted her credentials as a serious analyst given that she always wrote what ISPR/Musharraf told her to. If she thinks that the Taliban will lose ANYTHING, she's lost whatever marbles she had before too.

    And if the government tries to enforce its writ through the Nizam-e Adl, the Taliban will put up a fight and the bloodshed will continue. That's why this is a bollocks "strategy" (flattering word for surrender).

    Further, I'm fully aware of the 'history' of Nizam-e Adl, as well what it's modelled on (a supposedly utopian set-up pre-1979 under the Wali of Swat). I strongly recommend you read Khaled Ahmed's article in the Friday Times of March 27.

  24. dr.jawwadkhan Avatar
    dr.jawwadkhan

    "But Sufi Muhammad has categorically stated that this will not be the case. He completely disregards the actual text of the Nizam-e Adl"

    i am not aware of such kind of statement from sufi mohammed.would you please kindly give me the link?

    regarding nizam e adl i never heard a resident of sawat who spoke against nizam e adl.even the lawyers who are supposedly be the looser of this nizam,were also in the favour of nizam e adl.and that is enough for me.

    this nizam e adl is a really very smart move to neutrilise the taliban stand because there was no other viable option.

    regarding khalid ahmed!please forgive me because reading a person like him is a very painful and agonizing job for me….you know that what i mean(i hate monkeys).it would be far better if you would have given me the refrence of article written by foreign journalist on this issue

    @Amir Mughal!

    august,september and october?…..are you kiddin? :))

    this kind of carelessness is known as slander.

    why you do that? what can you get by defaming these dignitaries?….what?

  25. SM Imran HZ Avatar
    SM Imran HZ

    He is hiding behind an alias and trying to stab the muslims, just what they are used to. They are also called (Asteen kai saanp).

    They pretend to be Muslims, thats when they are doing Taqayyiah, not to worship Allah, but to divide the followers of Muhammad (s.a.w.w).

    zaki

    ———————————————-

    @zaki

    hiding behind aliases eh? i am amazed at the literacy rate of most of you so called muslims; probably most of you havent even passed their 8th grade; basing their allegations against shias from wahabi propaganda sites. At first i used to be angry; now i just burst out with hysterical laughter when somebody comes up with the ibnesabah thing. Khud yazid ki awlad me se hain aur dosron pe ilzam laga rahe hote hain 😀

    I'd like to see you proclaim ammar bin yasir a kafir too please; as he did taqayya as well by hiding his emaan when his life was in danger. if you do not proclaim ammar bin yasir as a kafir here publicly; well lanat upon you beshumar then…

  26. Danial Burki Avatar
    Danial Burki

    Here you go: http://www.thenews.com.pk/top_story_detail.asp?Id

    From the link above: Addressing a press conference at the Bilal Masjid in the Amandara area of Batkhela, Sufi Muhammad said challenging the Qazi courts’ verdicts in the high court or the Supreme Court of Pakistan would be tantamount to betrayal of Islam.

    That is completely contradictory to the text of the Nizam-e Adl, which explicitly allows for appeal as high as in the Supreme Court of Pakistan. The "final court" for Sufi Muhammad will be one of his own shariah courts in Malakand Division. So much for that. If you want more proof that the Nizam-e Adl's text has nothing to do with the situation on the ground in Swat, just start reading the papers (yes, both foreign and local).

    And interesting of you to disregard my reference without even reading it, heh.

  27. Aamir Mughal Avatar

    Not a single word is mine in the news below:

    مولانا عبدالعزیز برقعے میں فرار ہوتے ہوئے گرفتار

    بیورو رپورٹ
    بی بی سی اردو ڈاٹ کام، اسلام آباد

    وقتِ اشاعت: Wednesday, 04 July, 2007, 16:54 GMT 21:54 PST

    http://www.bbc.co.uk/urdu/pakistan/story/2007/07/070704_lalmasjid_updated_sq.shtml

    Not a single word is mine in the news below:

    Abdul Aziz ghazi 01 Interview after arrest post by Zagham

    http://www.youtube.com/watch?v=3Z4Ss7OdgdM

  28. dr.jawwadkhan Avatar
    dr.jawwadkhan

    imran zaidi!

    barhi der ki meherban aatay aatay. 🙂

    @danial burki!

    but he also said in his interview:

    "Administratively, he claimed, the Darul Qaza would be under the government, but it would have no control on it as far as the judicial affairs were concerned"

    his interview clearly tells us that they do not have jurisdiction in oppointing the judges.

    if the judges meet the criteria they will not create any problem.

    the verdicts can be challanged in some superior institution which is again will be supervised by govt.

    recent history of this kind of agreements tells us that in spite of emphatic and clear texts there is always some differences in interpretaion.

    but the good news is that all things will work under a system.

    there is gauranty of the writ of the govt and top of all there will be a peace.

  29. akbar Avatar
    akbar

    Shame on General Kiani for having capitulated to the terrorists in this way.

  30. Danial Burki Avatar
    Danial Burki

    How can a state not have control over judicial affairs? And doesn't the appointment of those who sit in the courts fall under the definition of "judicial matters"?

    And like I've referenced, the verdicts can be challenged only in the division sharia court which again the government will have no control over. If the government doesn't have control over judicial affairs, how can it monitor the efficacy and fairness of the appeals court?

    You're running around in circles.

    Also, nice of you to downplay the importance of the law. The "difference of interpretation" is major: the Taliban will not lay down their arms; the government will not impose its writ given the presence of the Taliban.

    The only terms of peace are the terms of the Taliban. In the coming days and months, you will see how the government and the state will be rooted out of Swat/Malakand, as if it's not been rooted out already.

  31. Aamir Mughal Avatar

    what can you get by defaming these dignitaries?….what? [Dr Jawwad Khan]

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

    Dear Jawwad Sahab,

    DIGNITARIES:

    I wonder if you remember the last conversation of Ghazi Brothers [Your Mujahid Heroes] with TV Channels about these Time Servers Taqi Usmani and Co. Mawlana Wali Razi is a brother of Taqi Usmani and let me remind you one more forgotten fact that Wali Razi was inducted by General Musharraf in his Sindh Cabinet after Imposing Martial Law in 1999. If I have a Nifaq in my heart then please define Wali Razi induction Musharraf Martial Law Cabinet and the same Musharraf conducted a very ruthless operation against the Lal Msajid and Co.

  32. dr.jawwadkhan Avatar
    dr.jawwadkhan

    you dragged me in a very difficult position.

    on one hand if i remain quite.you will start to convince others that you are right.

    on the other hand it is very difficult for me to answer such a childish allegations.

    any how i must say some thing.

    when musharraf toppled the nawaz shareef no body knows him well.every one welcomed the take over.people distributed sweets in the street of lahor.

    he was a big supporter of the jihad and openly says to the western media that:

    " do not feel offended by violence in kashmir because it is a jihad and jihad has its own dynamics"

    there was a huge difference between gen pervez musharraf of 1999 and president musharraf of 2007.

    my question is the same.what good you can possibly earn by defaming those gentlemen?

  33. dr.jawwadkhan Avatar
    dr.jawwadkhan

    "You’re running around in circles"

    we are running around a circle.

  34. Aamir Mughal Avatar

    you dragged me in a very difficult position. on one hand if i remain quite.you will start to convince others that you are right. on the other hand it is very difficult for me to answer such a childish allegations.

    when musharraf toppled the nawaz shareef no body knows him well.he was a big supporter of the jihad and openly says to the western media that:

    ” do not feel offended by violence in kashmir because it is a jihad and jihad has its own dynamics”

    my question is the same.what good you can possibly earn by defaming those gentlemen? [Dr Jawwad Khan]

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

    Dear Jawwad Sahab,

    One of your favourite dignitary i.e. Mawdudi on the so-called Kashmir Jihad used to say:

    The war in Kashmir is not jihad (May 1948; quoted in M. Sarwar, Maulana Maududi ki Tahrik-I-Islami, Lahore, 1956, pp. 331-332).

    my question is the same.what good you can possibly earn by defaming those gentlemen? [Dr Jawwad Khan]

    AM: I am just exposing the double standards of those who use and exploit the name of Holy Worship i.e. Jihad and Holy Name of Islam to serve their selfish motives, and just expressing my opinion and you can differ. I am trying to follow this Qurabnic Verse:

    وَلاَ تَلْبِسُواْ الْحَقَّ بِالْبَاطِلِ وَتَكْتُمُواْ الْحَقَّ وَأَنتُمْ تَعْلَمُونَ

    Confound not truth with falsehood, nor knowingly conceal the truth. [AL-BAQARA (THE COW) Chapter 2 – Verse 42]

    If your favourite Mawdudi [as per you a Great Scholar] was declaring that War in Kashmir is not Jihad then what the hell Gen Musharraf and Pseudo Jihadi Company were doing in Kashmir??

  35. dr.jawwadkhan Avatar
    dr.jawwadkhan

    "I am just exposing the double standards of those who use and exploit the name of Holy Worship i.e. Jihad and Holy Name of Islam to serve their selfish motives, and just expressing my opinion and you can differ"

    (amir mughal)

    _________________________________________________

    koee nihayat mahan hastee maloom detay hen aap?

    hahahahhahaha.amir mughal you are just great.

  36. Aamir Mughal Avatar

    Here you go: http://www.thenews.com.pk/top_story_detail.asp?Id… [Sufi Muhammad said challenging the Qazi courts’ verdicts in the high court or the Supreme Court of Pakistan would be tantamount to betrayal of Islam.][Danial Burki]

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

    LATEST NEWS:

    "QUOTE"

    High Courts and Supreme Court were ‘Ghair Sharaiee’ institutions and going for appeal in ‘Ghair Sharaiee’ institutions was ‘Haram’. He said Darul Qaza could be approached in case of any reservations on our verdicts, but the final decisions of Darul Qaza not allowed to be challenged in the High Courts and Supreme Court.

    Updated at: 1443 PST, Sunday, April 19, 2009

    http://www.geo.tv/4-19-2009/40174.htm

    "UNQUOTE"

    The price of moral cowardice By Ardeshir Cowasjee

    Sunday, 19 Apr, 2009 | 01:49 AM PST

    http://www.dawn.com/wps/wcm/connect/dawn-content-

    And where is ‘civil society’, where are the lawyers? They motor-marched for the independence of the judiciary. Why are they comatose when it comes to the imposition of a parallel judiciary by a supine parliament? The fearsome Muslim Khan of the Taliban may have threatened the lives of those who oppose the infamous Nizam-i-Adl, but there should be some, other than Ayaz Amir and the MQM, who can show a bit of spunk. The press, at least some portions of it, are doing their bit and speaking up and out. Where is everyone else?

  37. Aamir Mughal Avatar

    How would one justify the bail of Mawlana Aziz from a Supreme Court where appeal has been declared ANTI-ISLAMIC by the Deviant Sufi Muhammad and I wonder where have gone Mr Ansar Abbasi and his love of Restoration of Free Judiciary [in view of Mullah Sufi – a kind of Kufr]. Mawlana Aziz of Lal Masjid Brigade should reject his own bail in view of Grear Fiqh Sufi Muhammad’s Declaration that SC of Pakistan is Anti Islamic. Which Islam should we follow? Ansar Abbasi’s, Sufi Muhammad’s, Iftikhar Chaudhry’s or the real Islam [please pick the interpretation]. Two news from the same newspaper

    1 – SC grants bail to Maulana Aziz in library case By Sohail Khan Thursday, April 16, 2009

    http://thenews.jang.com.pk/top_story_detail.asp?I

    2 – ‘Qazis’ verdict can’t be challenged in SC’ Thursday, April 16, 2009 : Sufi says appeals ‘tantamount to betrayal of Islam’

    http://thenews.jang.com.pk/top_story_detail.asp?I

  38. Aamir Mughal Avatar

    ANSAR ABBASI???

    LATEST NEWS:

    “QUOTE”

    High Courts and Supreme Court were ‘Ghair Sharaiee’ institutions and going for appeal in ‘Ghair Sharaiee’ institutions was ‘Haram’. He said Darul Qaza could be approached in case of any reservations on our verdicts, but the final decisions of Darul Qaza not allowed to be challenged in the High Courts and Supreme Court.

    Updated at: 1443 PST, Sunday, April 19, 2009

    http://www.geo.tv/4-19-2009/40174.htm

    “UNQUOTE”

    Yet the Correspondent of the same Newsgroup [The News International/Jang Group of Newspapers/GEOTV] and Editor Investigations Mr Ansar Abbasi has the audacity to lie blatantly and openly:

    Govt still in control of Swat By Ansar Abbasi Thursday, April 16, 2009

    http://www.thenews.com.pk/top_story_detail.asp?Id

    ISLAMABAD: The Nizam-e-Adl Regulation (NAR) 2009 envisages no role whatsoever for the Taliban or the Tehrik-e-Nifaz-e-Shariat-e-Mohammadi (TNSM) in the running of the new justice system introduced there.

    Contrary to the general perception that Swat has been surrendered to the Taliban and different sects of the religion and minorities would be at the receiving end under the new dispensation, the NAR 2009 clearly protects all Muslim sects and minorities from being tried under laws that do not match their respective faith.

  39. dr.jawwadkhan Avatar
    dr.jawwadkhan

    no doubt molana sufi mohammed has an extreme view.

    but dear i couldn't understand.why your fuse is blown up?

    why you are talking like a liberal fascist?

    i mean most of people do not agree with his fatwa.but no sahi ul aqeeda muslim is mad at him.

    people believe that his stance can be soften down by the consultation od deobandi ulema e kiram.

    why you are talking like a secular fascist?

    molana sufi has an extreme view.but what about molana syed abul aala modudi and molana taqi usmani?

    do they also have extremist views?

    Amir mughal!

    YOU HAVE BEEN EXPOSED.

    your slanders,lies and forgeries is on the record.

    shut up please!!!!!!!!

  40. Aamir Mughal Avatar

    Amir mughal! no doubt molana sufi mohammed has an extreme view. but dear i couldn’t understand.why your fuse is blown up? why you are talking like a liberal fascist? why you are talking like a secular fascist? YOU HAVE BEEN EXPOSED.

    your slanders,lies and forgeries is on the record. shut up please!!!!!!!!

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

    Dear Jawwad Sahab,

    I have just quoted the news reports particularly the news items filed by your Favourite Correspondent Ansar Abbasi who also supported Supermacy of Judiciary with present CJ in it. You yourself had hailed the present Judiciary and If I am a Liberal Fascist then would you be able to justify your support of the Present Judiciary which as per your another Favourite Sufi Muhammad is a "Non-Islamic" Judiciary and whoever approach such courts with an appeal is [as per Mullah Sufi] is out of Islam [this was said on Aaj TV at 2100 news update]. Now tell me do you support Sufi Muhammad or Iftikhar Muhammad:

    Your own comment:

    Comment by dr.jawwadkhan on April 16, 2009 @ 9:33 pm

    my position on judiciary is very clear:“judiciary without chohadry is a misery” [Dr Jawwad Khan]

    "QUOTE"

    1 – let the nizam e adal work.pakistani media and people will have a close eye on the working of nizam e adal. [Dr Jawwad Khan]

    2 – NEWS:“Supreme Court (SC) has rejected government plea seeking cancellation of bail of former Khateeb Lal Masjid Maulana Abdul Aziz in four cases…..”[DR JAWWAD KHAN]

    3 – do you have any idea what these courts and judicial system did to poor pakistani people? [Dr Jawwad Khan]

    Comment of Dr Jawwad.

    https://teeth.com.pk/blog/2007/07/12/shaheed-or-ha

    "UNQUOTE"

  41. Aamir Mughal Avatar

    but no sahi ul aqeeda muslim is mad at him. people believe that his stance can be soften down by the consultation od deobandi ulema e kiram. why you are talking like a secular fascist? [Dr Jawwad Khan]

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

    Dear Jawwad Sahab,

    Which Kind of Deobandi Ulema-e-Kiram you are talking about.

    1 – Those Deobandis who you have yourself declared "Jahil – Ignorant" in one of the thread of this very forum.

    2 – Those Deobandis [Binnori Town – Karachi and Jamia Farooqia – Karachi] who have issued Fatwa against Taqi Usmani and Co's Islamic Banking.

    3 – Those Deobandi Ulema-e-Kiraam who have declared that Mawdudi and his ideology is deviant.

    4 – Those Deobandi Ulema-e-Kiram who have recently been given bail by the alleged Kaafir [as per Sufi] Secular Anglo Saxon Judiciary.

    Please pick your choice of Deobandi Ulema-e-Kiram.

  42. Aamir Mughal Avatar

    but no sahi ul aqeeda muslim is mad at him. [Dr Jawwad Khan]

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

    Dear Jawwad Sahab,

    Please Interpret Sahi ul Aqeeda [Correct Methodology of Islam]:

    1 – Wahabis hate everybdoy.

    2 – Deobandis hate Shia, Barelvi and Wahabis.

    3 – Barelvis hate Deobandi, Wahabis and Shias.

    4 – Shias hate Wahabis, Deobandis, and Barelvis.

    5 – Wahabis, Deobandis, Barelvis, hate Mawdudi and Jamat-e-Islami.

    Now please tell me which Shariah will Rule the People of Pakistan.

  43. Aamir Mughal Avatar

    but no sahi ul aqeeda muslim is mad at him. [Dr Jawwad Khan]

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

    Dear Jawwad Sahab,

    Late. Altaf Hussain Hali had defined the sorry state of affairs of the so-called Muslim Ummah and your talking about Sahi ul Aqeeda [Correct Methodology of Islam]:

    An advice from Altaf Hussain Hali's Collection [Mussadas-e-Hali]

    کرے غیر گربت کی پوجا تو کافر

    جو ٹھرائے بیٹا خدا کا تو کافر

    جھکے آگ پر بہر سجدہ تو کافر

    کواکب میں مانے کرشمہ تو کافر

    مگر مومنوں پر کشادہ ہیں راہیں

    پرستش کریں شوق سے جس کی چاہیں

    نبی کو جو چاہیں خدا کر دکھائیں

    اماموں کا رتبہ نبی سے بڑھائیں

    مزاروں پہ دن رات مذریں چڑھائیں

    شہیدوں سے جاجا کے مانگیں دعائیں

    نہ توحید میں کچھ خلل اس سے آئے

    نہ اسلام بگڑے نہ ایمان جائے

    گناہوں سے ہوتے ہو گویا مبّرا

    مخالف پہ کرتے ہو جب تم تبرّا

    نہ سنی میں اور جعفری میں ہو الفت

    نہ نعمانی و شافعی میں ہو ملت

    وہابی سے صوفی کی کم ہو نہ نفرت

    لمقلد کرے نا مقلد پہ لعنت

    رہے اہلِ قبلہ مین جنگ ایسی باہم

    کہ دینِ خدا پر ہنسے سارا عالم

    کرے کوئی اصلاح کا گر ارادہ

    تو شیطان سے اس کو سمجھو زیادہ

  44. dr.jawwadkhan Avatar
    dr.jawwadkhan

    oh my god!

    chaghtai sahib shairee farma rahey hen.

    laugh out loud

    where are the refrences from Quran e kareem and ahdith e mubarika?

    is this the best you could get?

    be a man.

  45. Danial Burki Avatar
    Danial Burki

    @ Dr Jawwad: "no doubt molana sufi mohammed has an extreme view.but dear i couldn’t understand.why your fuse is blown up?

    why you are talking like a liberal fascist? i mean most of people do not agree with his fatwa.but no sahi ul aqeeda muslim is mad at him. people believe that his stance can be soften down by the consultation od deobandi ulema e kiram."

    Haha, so you accept that Sufi Muhammad will not respect the Nizam-e Adl's text and that you still need to "softened down". Therefore, you also accept that until and unless that is done, the Nizam-e Adl will not result in the government's writ being restored in Swat.

    And obviously the person other than me who has turned you upside down will now be given your favourite title "liberal fascist" (which is an oxymoron, it doesnt even mean anything, haha). Nicely done!

  46. Danial Burki Avatar
    Danial Burki

    Wait a minute! Dr Jawwad, Sufi Muhammad is simply following sharia. Are you saying that his opposition to liberal western zionist British system is WRONG? Are you saying that sharia is "extreme" and needs to be softened down? What nonsense! Dr Jawwad, are you sure you're not a liberal fascist?!?!?

    Tauba Tauba Astaghfar!

  47. Aamir Mughal Avatar

    oh my god! chaghtai sahib shairee farma rahey hen.

    laugh out loud where are the refrences from Quran e kareem and ahdith e mubarika? is this the best you could get?

    be a man. [Dr Jawwad Khan]

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

    Dear Jawwad Sahab,

    I have just quoted a poet on current state of Msulims. Regarding where are the refrences from Quran e kareem and ahdith e mubarika? Read your own declaration on me:

    "QUOTE"

    Comment by dr.jawwadkhan on April 19, 2009 @ 11:22 pm

    why you are talking like a liberal fascist?

    why you are talking like a secular fascist?

    "UNQUOTE"

    You want reference of Quran and Hadith to wipeout the anarchy of Sufi Muhammad, Lal Mosque and other rampant Militants, here are the reference and soultion for them as per their own Shariah:

    WHAT IS GOING ON IN PAKISTAN IS HIRABA [means killing people, robbing their money or revolting against rulers]

    The Punishment for such activities are as under:

    The crime of hiraba is based on the following Quranic verse:

    The punishment for those who wage war [yuharibuna] against God and His Prophet, and perpetrate disorders in the land is: kill or crucify them, or have a hand on one side and a foot on the other cut off or banish them from the land (Quran 5:33).

    Hands and legs to be cut off and their eyes to be branded with heated iron pieces and they were thrown at Al-Harra, and when they asked for water to drink, they were not given water. (Bukhari)

    Hiraba is another hadd crime defined in the Quran. It is variously translated as "forcible taking," "highway robbery," "terrorism," or "waging war against the state."

    Islamic legal scholars have interpreted this crime to be any type of forcible assault upon the people involving some sort of taking of property. It differs from ordinary theft in that the Quranic crime of theft (sariqa) is a taking by stealth whereas hiraba is a taking by force . (Thus, the popular translation as "armed robbery.") Although it is generally assumed to be violent public harassment, many scholars have held that it is not limited to acts committed in public places.

    It is in the discussions of the crime of hiraba where the crime of rape appears. A brief review of the traditional descriptions of hiraba reveals that rape is specifically included among its various forms. For example, in Fiqh-us-Sunnah, a modern summary of the primary traditional schools of thought on Islamic law, hiraba is described as: a single person or group of people causing public disruption, killing, forcibly taking property or money, attacking or raping women ("hatk al arad"), killing cattle, or disrupting agriculture. Reports of individual scholars on the subject further confirm the hiraba classification of rape. Al-Dasuqi, for example, a Maliki jurist, held that if a person forced a woman to have sex, their actions would be deemed as committing hiraba. In addition, the Maliki judge Ibn Arabi, relates a story in which a group was attacked and a woman in their party raped. Responding to the argument that the crime did not constitute hiraba because no money was taken and no weapons used, Ibn Arabi replied indignantly that "hiraba with the private parts" is much worse than a hiraba involving the taking of money, and that anyone would rather be subjected to the latter than the former. The famous Spanish Muslim jurist, Ibn Hazm, a follower of the Zahiri school, reportedly had the widest definition of hiraba, defining a hiraba offender as: [O]ne who puts people in fear on the road, whether or not with a weapon, at night or day, in urban areas or in open spaces, in the palace of a caliph or a mosque, with or without accomplices, in the desert or in the village, in a large or small city, with one or more people . . . making people fear that they'll be killed, or have money taken, or be raped ("hatk al arad") . . . whether the attackers are one or many ."

  48. reflection Avatar
    reflection

    @ Aamir Mughal,

    your comment of 19 april @ 7.40pm addressed to

    Dr.Jawwad ref: Al-Maudoodi Kashmir Jihad, you

    have wrongly quoted and presented A Qadiani, dirty

    anti-Jihad propaganda, I have read all your comments

    and I maintain my opinion on that, for your

    convinience kindly read the book by Maudoodi

    " Masala-e-Kashmir page 86 "

    a letter addressed to Chief Organisers, High Command,

    Kashmir Jihad Counsil, Peshawar on 3rd nov 1963

    ref: makateeb part one page 110 and 111.

    In the same book page 89 a chapter dedicated,

    Masala-e-Kashmir, wahid hal = Al Jihad,

    I have the book just infront of me.

    I agree with Dr Jawwad you are exposed, they are sheer

    slanders, lies and forgeries, I trust non of your

    references

  49. Aamir Mughal Avatar

    @ Aamir Mughal, your comment of 19 april @ 7.40pm addressed to Dr.Jawwad ref: Al-Maudoodi Kashmir Jihad, I agree with Dr Jawwad you are exposed, they are sheer slanders, lies and forgeries, I trust non of your references [Reflection]

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

    Dear Sir/Madam,

    Then dont trust me. Its still a free world till we are all spanked by Mullah Anarchy. You have freedom to think, say and write whatever you like and you can worship Mawdudi's Idol if you like.

    no doubt molana sufi mohammed has an extreme view.

    but dear i couldn’t understand.why your fuse is blown up?

    [Dr Jawwad Khan]

    سپریم کورٹ اور ہائی کورٹ غیرشرعی ہیں

    رفعت اللہ اورکزئی

    بی بی سی اردو ڈاٹ کام، پشاور

    کالعدم تحریک نفاذ شریعت محمدی کے سربراہ مولانا صوفی محمد نے کہا کہ پاکستان میں کفر کا نظام رائج ہے اور ہائی کورٹس اور سپریم کورٹ بت خانے ہیں جہاں کبھی فیصلہ قرآن وسنت کے مطابق نہیں ہوا ہے۔

    Sunday, 19 april, 2009, 10:58 GMT 15:58 PST

    http://www.bbc.co.uk/urdu/pakistan/2009/04/090419

    Dear Jawwad Sahab,

    I think Sufi Muhammad is correct in his comment above about Pakistani Judiciary which is evident from the recent decision passed by supreme court like this:

    1 – SC grants bail to Maulana Aziz in library case By Sohail Khan Thursday, April 16, 2009

    http://thenews.jang.com.pk/top_story_detail.asp?I

    Your own comment:

    Comment by dr.jawwadkhan on April 16, 2009 @ 9:33 pm

    my position on judiciary is very clear:“judiciary without chohadry is a misery” [Dr Jawwad Khan]

    “QUOTE”

    1 – let the nizam e adal work.pakistani media and people will have a close eye on the working of nizam e adal. [Dr Jawwad Khan]

    2 – NEWS:“Supreme Court (SC) has rejected government plea seeking cancellation of bail of former Khateeb Lal Masjid Maulana Abdul Aziz in four cases…..”[DR JAWWAD KHAN]

    3 – do you have any idea what these courts and judicial system did to poor pakistani people? [Dr Jawwad Khan]

    Comment of Dr Jawwad.

    https://teeth.com.pk/blog/2007/07/12/shaheed-or-ha

    “UNQUOTE”

    I hope Mr/Miss Reflection will also agree with Dr Jawwad Khan on this as well.

  50. dr.jawwadkhan Avatar
    dr.jawwadkhan

    of course i am not a liberal fascist.how can i be?

    the problem of pakistan that the shariyah laws are not allowed to be practiced here. because of that there is so much emotions and passion is involved with it.

    untill unless a thing materializes,the assumptions,theories and passion governs on every thing.till the time come when people converts the rules and guidance (given to them by Allah(swt),into a practical entity.this conversion of rules and guidance into a viable law is a core process, a heart of it and a true essence of an ideology.this rule is universal and applies on every ideology.

    lots of debates,discussions and expert opinions come into the play.

    in deo band there are lots of people who do not agree with molana sufi.it doesn't mean that they have a lesser degree of iman.

    in islam views and interpretation can be different upto a certain level.

    for example people like me believes in democracy (a controlled democracy ofcourse) on the other hand there are people who are against it and say that democracy is a kufr.

    both are right in their views because we both believe in supermacy of Kitab and sunnah.

    when i say controlled democracy it means that no law,no custom,no tradition will surpass the Quran and sunnah.

    when i shall be able to convince them that democracy is merely atool then it will no longer remain a matter of kufr and islam.

    so the bottom line is i can not be kafir till i start believing some thing other than Quran and Sunnah.

    people differ all the time.

    Almighty made human to differ.this is the reason that there are many interpretations inspite of one ALLAH(SWT),one Rasoolullah(saww) and one Quran e kareem.

    this is ther reason that there are 5 major schools of thoughts in islam.

    inspite of that they are agree on fundementals and strongly believe in quran and sunnah a source of guidance and a complete code of life.

    molana sufi mohammed and taliban are extremely valueable for me because they are representative of the force of change to fight the system which exploits and squeezes the poor and weak.

    there is no other force by which could get rid of the system of exploitation.

    the chances of the success is very bright.

    i hope inspite of massive smearing campaign they will be succeded in attracting the diaspora.the poor and deprived.

    inspite of initial success,i believe that thing are going to worse from the bad and worst from the worse.

    it is only because we are in stage of rebirth as a nation and a process of redifining.

    i am waiting for that glorious moment.when shariya will rule the pakistan.

    differences are ok.i do not have any problem with that