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Charge sheet for commission of religious crimes
By Maulana Akhlaq Husain Qasmi

Maulana Khalid Haamidi, son of the famous Jama’at Islami leader, late Maulana Hamid Ali has, in his monthly journal Allah ki Pukar (January 2002), reviewed Pakistan’s prominent journalist (editor of Ausaf) Hamid Mir’s interview with Osama bin Laden in his secret hide-out on 8 November 2001. In the light of what Osama has said in this interview and in the light of Islamic commands, Maulana Khalid has declared Osama bin Laden as culprit for the commission of ‘Shar’i’ crimes.

The first among these ‘Shar’i’ crimes is that while justifying the terrorist attack of 11 September, Osama has tried to justify the killings of thousands of innocent residents of USA which is in fact an illegal or ‘non-Shar’i’ act. Osama bin Laden says that American nation cannot escape from the responsibility of perpetrating cruelty on Muslims.

The Maulana writes that according to this logic, all the citizens of non-Islamic countries deserve to be beheaded whereas according to commands of Islam, even in the event of ‘jehad’ or battle against non-Muslims, other than those directly involved in a war are not allowed to be killed or even harmed. According to the Maulana, another ‘Shar’i’ crime of Osama bin Laden is that in the background of Arab politics, he left no stone unturned in defaming and destroying the already destroyed and dilapidated Afghanistan because of his extremist views and acts. He also quoted an example from the Islamic history: Once the Muslim ruler, Khwarizm Shah ordered the killing of an ambassador of Changezi kingdom, much against the Islamic Commands which resulted in God’s punishment and Muslim populations running into lakhs were destroyed at the hands of Changez Khan and Hulagoo Khan.

The infidel traders of Changez Khan were got killed by Khwarizm Shah on the suspicion of being spies. Changez Khan sent his ambassador to Khwarizm Shah to warn him against his acts of cruelty but this Muslim ruler got him also killed. The result was a calamity in the form Tartar invasion, a God-send catastrophe for the crime. The Maulana has not clarified or explained the punishment prescribed by Islam for such ‘Shar’i’ crimes. The Qur’an has, in verse 33 of Surah ‘Ma’eda’, prescribed the punishment for this crime by declaring that undoubtedly those who indulge in acts of war and murder against the instructions of God and His Prophet (PBUH) should be killed or hanged or their hands and legs should be chopped off from opposite sides or they should be exiled. These punishments are matters of humiliation and disgrace for them in this world and most severe punishment awaits them in the world hereafter. According to a law of collective system of Islam Osama crime proves that the movement in the name of ‘jehad’ started by him throughout the world is an open violation of a collective law of Islam, that is, practical contract (social cooperation).

Islamic jurists, in addition to a written contract and a national contract, have described a practical contract which, according to them, means that a place where, Muslims and non-Muslims mutually interact and live in mutual peace, harmony and trust is a case of social cooperation and this comes under the contract of practical trust and confidence.

Under such a contract, attacking each other or harming each other’s life and property is illegal. Before indulging in wars and conflicts, it is necessary to give prior notice for termination of this contract. Indulging in sudden attack or any kind of conspiracy or cheating is violation of Islamic law. Islamic jurists have interpreted the practical contract in case of an incident that took place by Hazrat Moosa (Moses). Once he slapped an Egyptian young man who died almost immediately. Moosa (AS) expressed his repentance on this unexpected death and apologised to God. This young man who died at the hands of Hazrat Moosa was in no way responsible for the cruelty of Pharaoh’s rule because in those days Egyptian people and Jews lived in mutual peace and harmony. This was a state or case of practical contract. Hazrat Moosa expressed his sorrow and repentance and had to apologise to God for violation of this practical contract. According to ‘Shar’i’ law, punishment for this violation was murder or death. But since in this case ‘Shar’i’ law (Taurah) was not yet revealed, the matter ended after his repentance and apology to God. In Islamic ‘Shari’a’, this law is deduced from the incident of Hazrat Moghira ibn Shu’ba which has been described by Imam Bukhari in his Al-Shara’it.

This writer has discussed all these problems and interpretations in his book ‘Qur'anic Insight of Maulana Azad’ with reference to Maulana Thanawi and his deputy Arshad Mufti Muhammad Shafi Saheb, Mufti-e-Azam of Pakistan. Practical contract is the political law of Islam in the light of which Muslims in all countries in this age of internationalism are leading their lives in peace, harmony and confidence. Osama bin Laden is ignorant of Islamic ‘Shari’at’ who is bent upon defaming and discrediting Islam in this age of internationalism because of his ignorance.

Similarly, suicide is illegal and prohibited in Islam, killing any enemy by committing suicide is not at all permissible in the political and collective system of Islam. In this review the Maulana has described the government of Taliban as a truly Islamic government but this edict (Fatwa) is totally inopportune and irrelevant in the list of Osama bin Laden’s crimes. People who were aware of Osama bin Laden’s un-Islamic activities have made themselves a party to his crimes by giving him refuge and so much insisted on the un-Islamic act of providing him refuge and protection that they brought about and caused the destruction of their poor country - Afghanistan.

Till yesterday the religious leaders of Pakistan were praising the Islamic government of Taliban but now when that government is destroyed, they are saying that since the Taliban government was not established in accordance with the Islamic and Prophetic codes and manners, it could not survive. 

The famous Pakistani scholar, Dr Israr Ahmad had described, in Nida-e Khilafat of November issue, Taliban’s caliphate or government as God’s miracle and was assuring Pakistani Muslims that heavenly assistance and success will descend on the Taliban and that Afghanistan will prove to be the graveyard of American power and authority. But when the Taliban were completely routed, in December issue of ‘Nida-e Khilafat’, he appears to be declaring Taliban government as against the traditions and practices of the Prophet and advising the Muslims to have patience on its destruction. 

These are the Pakistani scholars who have been speaking and writing in their books an articles that the time for the establishment of Islamic caliphate has not yet come and that this task will be established or achieved by Imam Mehdi when he arrives in the world. Our duty is only this much that we should keep the people informed about the blessings of Islamic caliphate. They are the senior people of Pakistan who, after seeing that the entire arrangement of the great international Khilafat Conference that was held five years ago in London, was being done by the wealthy Christians of London, had expressed their sense of regret and surprise on their return to Pakistan and had wanted to know if the movement for the establishment of Islamic Caliphate is being conducted by wealthy Christians. Though this was a fact that the objective of organizing this conference was to make the position of Saudi government very awkward and some of the Arab countries and organizations themselves were behind this move.

Now I am looking forward to the time when Dr Israr and leaders of the movement for establishment of the Caliphate of Pakistan are going to announce that the time for establishment of Islamic Caliphate will be the time when Imam Mehdi will be arriving in the world and that the Taliban have harmed the cause of Islamic Caliphate by acting in haste.

(MG: Shari’ah punishments are not enforced until the charges are proved in a court of law)  q

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