ALBALAGH INTERNATIONAL

From the Editor

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Islam And The State

A Response To
Ghamidi

By M u f t i M u h a m m a d T a q i U s m a n i
T r a n s l a t e d by W a q a r A k b a r C h e e m a

Dear Readers,

Assalam-u-Alaikum

Praise belongs to Allah

Who created the
Universe and sustains it; and Durud and Salam be on
the last of all Prophets
who made the truth
prevail over falsehood and provided humanity with
guidance for all time.
It is a great irony of this age t h a t modern scholarship
h a s started advocating secular views In the n a m e of
religion. Especially they want to get rid of the very
basis of Pakistan, The Two-Nation theory. Recently
Mufti M u h a m m a d Taqi Usmani h a s written a
response to Mr Ghamidi's article "Islami riyasat Aik
J a w a b i bayniah (Islamic State - A counter Narrative.)
It is, in fact, a call to the political leaders and ruling
elite to curb this kind of assertions and effort of
insertion of secular ideas when Pakistan is passing
t h r o u g h its most critical time of i t s history. Editor
T h e foundation of the Pakistan movement in pre-partition India
was the ideology of Muslim nationalism. In response to the British
a n d t h e H i n d u s who considered all Indians as one nation, Quaid-eA*u hu a m m ar>A
Ali JJinnah
propagated the Two
torn
M
d M
. m M h vociferously
'
a m l ' Himhis^

RAJAB 1436

Muslim

thinkers

and

r.W.n.

scholars!!)

fully

ALBALAGH

INTERNATIONAL

From the Editor

supported this idea. The memories of t h e c h a n t i n g of the slogan

"Pakistan kaMatlab Kia? La Ilahallla Allaht* (What does P a k i s t a n
stand for? There is no God b u t Allah!) a r e still fresh in my mind.
Eventually the Muslim majority responded to the call of t h e Quaid
and as a result of the unforgettable sacrifices t h e dream of P a k i s t a n
was realized.
Though the foundation of the idea was already clear yet t h e first
Constituent Assembly passed the Objectives Resolution which s e t t h e
direction of the state. It determined t h a t sovereignty belongs to Allah
and the elected representatives shall exercise their r i g h t s in
accordance with the Qur'an and S u n n a h . With slight variation of
words this resolution has been a p a r t of all constitutions of t h e
country throughout its history (1954, 1956, 1962, and 1973) a n d i s
still a p a r t of the constitution of which we can be rightfully proud.
After discussions for over a q u a r t e r of the century t h e e n t i r e
nation agreed to it and when the constitution was framed it i n c l u d e d
the article, "All existing laws shall be brought in conformity with the
Injunctions of Islam as laid down in the Holy Quran and Sunnah,
end no law shall be enacted which is repugnant to such Injunctions
(Article 227) The now in force constitution of 1973 was approved by
the consensus of all the political and religious parties of the time a n d
even today all the (mainstream) political and religious parties seek to
protect it. It h a s been f u r t h e r supported by the recent historical
agreement between the government and the opposition. Apex c o u r t s
have also declared it a part of the essential underlying spirit of t h e
constitution.
Recently, however, some voices are again being heard t h a t in
order to rid the country of terrorism it should be secularized. In o t h e r
words the call is being made to discard all the ideological, political
and practical efforts to set the direction of the state and to m a k e
altogether a new start.
At this critical juncture when all the segments of the society
have resolved to defeat the menace of terrorism, questioning the very
foundations of the state and to call for changing the agreed u p o n
outlook of the state is akin to opening a Pandora's Box, and even t h e
thoughts of ensuing troubles on this road gives one the goose bumps.
A reflection of the secularist agenda has come through a "counter
narrative" in the name of religion. It was published in Daily J a n g on
J a n u a r y 22, 2015 under the title, "Islam aur Riyasat: Aik jawabi
bayaniah" (Islam and the State: A Counter Nairative.) The a u t h o r
(Mr. Javed Ahmed Ghamidi)i2] has termed his thoughts as a
"narrative on religion" instead of "advocacy of secularism."
The objective of the narrative, in the words of the author,' is t h a t
not advocacy of secularism but only a counter narrative on religion

RAJAB 1436

ALBALAGH I N T E R N A T I O N A L

From the Editor

can bring the positive change. Despite repeated readings the points of
the narrative do not cease to appear weird to me and despite thinking
of a number of possible interpretations I cannot resolve the internal
contradictions among these points.
As such there are a number of points in the article t h a t need to
be commented upon; however, in brief some of the mutually
contradicting points and their repercussions need to be highlighted. It
is important because not only t h a t these points are against the very
idea on which Pakistan was created, but they also tend to call for
such a vague and loose system t h a t has no conceivable practicability.
His first point is, "it is baseless to think that a state also has a
religion and there is a need to Islamize it through an objectives
resolution and that it must be constitutionally bound to not make any
law repugnant to the Quran and Sunnah." The evident meanings of
this assertion are t h a t the Objectives Resolutions which is p a r t of the
constitution and article 227 is not just unnecessary; it is actually
baseless.
The basic idea of the Objectives Resolution is the sovereignty of
Allah. To call the Objectives Resolution unnecessary and baseless is
nothing short of declaring the state recognition of the sovereignty of
Allah is baseless.
This is the reality of the narrative presented as an alternative to
"advocacy of secularism." Firstly, it is difficult to understand the
difference between 'advocacy of secularism' and this 'religious
narrative'? Secularism stands for divorcing the business of the state
from religion as religion, it contends, is a private concern of an
individual. Secularism also says there should be no religious
obligation on the legislature and, therefore, the Objectives Resolution
was misplaced. Mr. Ghamidi has said the very same things. Does
mere change of label change the reality of the contention as well?
F u r t h e r , under point 8 Mr. Ghamidi himself writes t h a t the
Q u r a n i c verse, "The affairs of the Muslims are r u n on the basis of
their m u t u a l consultation" (42:38) requires establishment of a
p a r l i a m e n t and "neither scholars nor the judiciary is above the
parliament.
The Quranic principle of 'The affairs of the Muslims are
run on the basis of their mutual consultation," (42:38) binds every
individual and every institution to practically submit to the decisions
of the parliament
even though they may differ with them It is only
this way which is justified in setting up the rule of Islam and to run it.
If any other way is adopted to set up this rule, then it will be lUegol
Together t h e s e two points mean the parliament s h a l l be established
according to the Qur'anic principle of consultation but once it
established it cannot be bound to abide by Quran and Sunnah, yet all

RAJAB 1436

ALBALAGH INTERNATIONAL

From the Editor

the individuals and institutions can be bound to submit to the

decisions of the parliament.
First question is, if the state has no religion and its conduct
cannot be bound by Quran and Sunnah on what basis then is the
Qur'anic principle of consultation binding upon it? How can it be the
'only way to set up the rule in Islam' when the state has nothing to do
with religion in the first place? Secondly, if following the lead of
Western countries the parliament passes a law permitting same-sex
marriages; will this Qur'anic principle still bind every individual and
institution to submit to the parliament's decision though they may
differ? If it does not bind them, what's the reason for it as the
parliament is not bound by the limits set by Quran and Sunnah.
In point 9 he says, "that among the positive directives of religion,
a collective communal Muslim setup can, if it desires, legally require
from them only to offer the prayer and pay zakat" By "collective
communal setup" perhaps he means the state. If so, then does it mean
state can forcibly demand offering prayers and paying zakat and
punish people for non-compliance? If legally binding the people to
offer prayers is indeed a Qur'anic instruction as Mr. Ghamidi has
stated, the condition "if it desires" practically means it is a discretion
of the state to follow Qur'anic instruction or not. Against this what
will be the significance of the verse, "It is not open for a believing man
or a believing woman, once Allah and His messenger have decided a
thing, t h a t they should have a choice about their matter;" (33:36)?
In his point 9 (i) related to social rulings Mr. Ghamidi says,
" Without their consent the state shall not impose any tax on the people
other than zakat. If a dispute arises in their personal affairs like
marriage, divorce, distribution
of inheritance and other similar
matters, then it shall be decided in accordance with the Islamic
ShariahThis
again raises multiple questions;
When the state has no religion and it is under no obligation to
legislate in the light of Qur'an and Sunnah, how could the judiciary
be bound to decide these matters according to shariah?
If the parliament legislated on such a matter without any regard
for shariah why should it not be binding to submit to it as stated by
Mr. Ghamidi under his point 8?
When it is said, "Without their consent the state shall not impose
any tax on the people other than zakat" naturally the consent of the
people means the consent of their representative parliament. This
effectively means for any other tax, consent of the parliament is
required but it is not required to impose zakat. If this was the
intended meaning, how will a tax be imposed without the legislative
sanction of the parliament (given that state has no religion)? What
will be the sanction for it? If the sanction for it is Qur'an then it will

RAJAB 1436

ALBALAGH INTERNATIONAL

From the Editor

practically mean Qur'an is superior to the p a r l i a m e n t . W h a t t h e n will

become of the 'state shall have no religion' principle?
Thereafter, he says, "If a Muslim is guilty of murder, theit,
fornication, falsely accusing someone of fornication (qadhf) or
spreading anarchy and disorder in the land and a court is fully
satisfied t h a t he does not deserve any leniency arising from his
personal, familial and social circumstances, t h e n those p u n i s h m e n t s
shall be meted out to him which the Almighty h a s prescribed in His
Book for those who have whole-heartedly accepted the call of Islam.
This again leads to two questions;
Is it mandatory for the parliament a n d the g o v e r n m e n t to
establish these penalties on such Muslims? If it is m a n d a t o r y a s per
t h e Qur'anic instructions, how could t h e p a r l i a m e n t be bound to
legislate according to Qur'anic ruling when it is not bound to follow
Qur'an and Sunnah? Why could it not legislate some other penalties
or m a k e any of these acts (like consensual sex) permissible?
When these penalties are to be established for t h e Qur'anic
sanction, does the Qur'an limit them only to Muslims who accept
Islam with clarity of mind and exempt the thieves, m u r d e r e r s a n d t h e
mischievous from amongst the non-Muslims?
In his narrative Mr. Ghamidi h a s also s t a t e d , The basis of
nationhood in Islam is not Islam itself, as is generally understood. At
no place in the Quran and Hadith h a s it been said t h a t Muslims a r e
one nation or they must become one nation." This is t h e s a m e of Two
Nation Theory on which Quaid-e-Azam based his case for P a k i s t a n . It
is respectfully submitted t h a t the issue is not w h e t h e r M u s l i m s h a v e
been referred to as one nation in the literal or general sense of t h e
word. The issue actually is whether it is r i g h t to distinguish M u s l i m s
from non-Muslims as a separate political a n d social entity a n d to
m a k e the d e m a n d for separate land for t h e m on t h i s b a s i s ? M
In the literal sense t h e P r o p h e t s addressed t h e i r specific
"nations" b u t none of t h e m established a political unity on t h i s basis
a n d if they established a state they did not do it on t h e basis of race
or color r a t h e r they established it on t h e basis of Islam. This is w h a t
h a p p e n e d in the case of rule of P r o p h e t s M u s a , D a w u d a n d S u l e m a n
(peace be upon them all) and also in the case of t h e L a s t Messenger o
Allah's
rule in Madina. However, it g u a r a n t e e d all civil a n a
religious r i g h t s to t h e non-Muslims citizen.
U n d e r his point 2 Mr. Ghamidi h a s s t a t e d t h a t N e i t h e r is
k h i l a f a h a religious t e r m nor its e s t a b l i s h m e n t at the global leve a
directive of Islam." (Against t h i s claim consider t h e fact that) All.
says in t h e n a r r a t i v e about Adam, "1 am going to create a khalifah on
t h e earth!" (Qur'an 2:30) Regarding Dawud (pbuhI it is said
Q u r ' a n , "We have made you a khalifah on e a r t h ( Q u r a n

R A J A B 1436

A L B A L A G H INTERNATIONAL

From the Editor

Moreover a t another place it is said "Allah h a s

who b e l i e . , a n d do good d e e d , t h a t He will c e r u m l y m a k e t h e n , (His)
khalifah in t h e land, as He m a d e those before t h e m , a n d will
certainly establish for t h e m their religion which He has' ^ o s e n for
them, and will certainly give t h e m peace in place of feai in wh
they were before; (provided that) they worship Me, ascribing no
p a r t n e r to Me." (Qur'an 24:55)
Further, there are n u m e r o u s h a d i t h reports in which t h e h e a d of
Islamic government h a s been referred to as "khalifah" a n d h i s rule
has be termed as "khilafah." For such s t a t e m e n t s in t h e Q u r a n and
hadith Islamic literature is replete with t e r m . T h e genius scholar of
the philosophy of history Ibn K h a l d u n defining k h i l a f a h writes; T h e
Khilafah means to cause t h e masses to act as r e q u i r e d by religious
insight into their interests in t h e other world as well as in t h i s world.
(The worldly interests) have bearing upon (the i n t e r e s t s in t h e o t h e r
world)" (Muqaddimah Ibn Khaldun vol.3 p.189) With all t h e s e
statements of the Qur'an and hadith and t h e t e r m ' s being well known
to the degree of tawatur I do not have a p p r o p r i a t e words to c o m m e n t
on the claim t h a t it is not a religious t e r m .
Mr. Ghamidi claims his "narrative on religion" can rectify t h e
prevailing situation and the c u r r e n t problem of t e r r o r i s m . T h i s is
tantamount to say t h a t scraping t h e c u r r e n t constitution a n d
reformulating it based on his mutually contradicting points will keep
the terrorists from their activities or it will automatically p u t t h e m to
end. In fact the truth is quite to t h e contrary. A l h a m d u l i l l a h , except
for some partial issues there is nothing wrong with our constitution.
The problem, however, is t h a t its core principles a r e not being truly
followed. The fundamental rights protected in t h e constitution a r e not
available to the people. The policy guidelines h a v e not been followed
even once. Provinces have not got the rights t h e y w e r e supposed to.
People face problems at every step. They face corruption a n d
injustice. Economic disparity is huge. Public offices offer no
facilitation and people have no access to justice.
Though it is stated in the constitution t h a t no law r e p u g n a n t to
Qur'an and Sunnah shall be enacted and for this t h e constitution
provides a mechanism as well which, if duly followed, can very well
check sectarianism. But there is no serious effort to p u t it into action.
Collectively the whole situation is making people d e s p e r a t e a n d
providing the mischievous an opportunity to m a k e p r o p a g a n d a t h a t
these reforms cannot be made peacefully. T h a t t h e g o v e r n m e n t s do
not give due attention to demands made in a peaceful, advisory a n d
consultative manner has made people *o believe t h a t a d e m a n d will
attract attention only if it is made through str ikes or violence t h e
extreme form of which is taking up a r m s against t h e state.
RAJAB 1436

ALBALAGH

From the Editor

INTERNATIONAL

Enemies of the country are fanning such thoughts and on the

same pretext emotion driven youth is being misguided. Therefore, the
issue is not about some f u n d a m e n t a l change in the constitution. It is
about truly acting upon it. If the constitution is seriously and
sincerely followed, people find justice according to Islamic ideals,
Islam's justice and laws are enforced in their true spirit a n d the
criminals are punished a f t e r fulfilling the due requirements of the
law, these militant movements will die down by themselves. For
God's sake instead of creating more chaos get together to work in this
direction.
- T r a n s l a t i o n and Notes *
Notes:
^Mr. Ghamidi'sarticle was published in J a n u a r y 22 nd issue of
Daily J a n g . DrShehzadSaleem'stranslation of t h e same was
published in J a n u a r y 23 rd in Daily The News. I have used Dr.
Saleem's t r a n s l a t i o n with slight changes at some places. Mufti
T a q i U s m a n i ' s r e p l v was published in Daily J a n g on J a n u a r y 27 th .
fl] T h a t religious scholars (mostly from Jami'atUlema-e-Hind)
opposed partition is much highlighted these days; however, t h e
reality is m a n y of t h e m fully supported t h e cause of Pakistan. Among
t h e well-known religious scholars who supported the cause of
partition were M a u l a n a Ashraf Ali Thanwi, M a u l a n a Shabbir A h m a d
U s m a n i and M a u l a n a Zafar A h m a d Usmani. M a u l a n a Zafar A h m a d
U s m a n i in his f a m o u s work on proofs of fiqh in 'Ila' al-Sunan,
included a complete c h a p t e r r e f u t i n g t h e idea of composite
nationalism a n d upholding t h e Two Nation Theory.
[2] Mufti Taqi U s m a n i h a s not explicitly mentioned the n a m e of
Mr. Ghamidi in his original write up. I have, however, used it for
clarity.
[31 Like Mufti Usmani, Allama M u h a m m a d Iqbal a r g u e s the
same way against M a u l a n a Hussain A h m a d Madni's a r g u m e n t on
similar lines. See Iqbal's paper "Jughrafiyai Hudood a u r M u s a l m a n "
(Muslims and the Geographical Boundaries) (1938), included in Syed
Abdul
Wahid
Mu'ini,
Maqalat-e-Iqbal,
(Lahore:
Al-Qamar
Enterprises, 2011) 262-279

000

RAJAB 1436

CONTENTS
01

^ m A n d The State: A Respose To Ghamidi

M u f t i M u h a m m a d Taqi TJsmani
Translated By : W a q a r Akbar Cheema

03

02 M a ' a r i f U1 Q u r ' a n
Mufti Muhammad Shafi iSfe;
03

I s i a m A n d Political T h e o r i e s (Part:35)
M u f t i M u h a m m a d Taqi Usmani
T r a n s l a t e d By : Z.Baintner

04

An - Nawawi's Forty Hadiths

I n t e r n e t Desk

05

Some Misconceptions About The Raiab

M u f t i M u h a m m a d Taqi Usmani

10
10

""

25
51

MUSLIM WORLD
06 The Future Of Islam In The U.S.A.
Dr. J a ' f a r Sheikh Idris

39

07 N e w s & Views.
I n t e r n e t Desk

43

CHILDREN'S CORNER
08 A Piece Of True Love
I n t e r n e t Desk

45

The Monthly

Albalagh

International

An Organ of Jamia Darul-Uloom Karachi

R A J A B 1436/MAY 2015
VOL.26 NO. 7
Patron: Mufti M u h a m m a d Rafi U s m a n i
Editor-in-Chief: Mufti M u h a m m a d Taqi U s m a n i

Executive Editor
M u h a m m a d Wali Raazi

Supervision
F a r h a n Siddiqui
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