Analysis, Side Feature, South Asia

Pakistan Headlines – 23 March 2018

Headlines:

  • Like Soviet Russia Before It, the US Would Have Long Withdrawn from Afghanistan were it not for Pakistan’s Rulers
  • Rao Anwar Case: Judges will Judge with Dignity and Might under the Khilafah
  • Democracy is the Rule of the Majority and Inherently Discriminates Against Minorities


Like Soviet Russia Before It, the US Would Have Long Withdrawn from Afghanistan were it not for Pakistan’s Rulers

A Pentagon spokesman said on 19 March 2018 that the US military will not conduct hot pursuit of tribal fighters from Afghanistan into Pakistan. “We have no authority to go into Pakistan,” Pentagon spokesman Lieutenant Colonel Mike Andrews told Pajhwok Afghan News. US forces could ask for authority to chase Taliban fighters as they cross the border into Pakistan, but approval for such action “would certainly be the exception and not the norm,” he continued.

From time to time the spectre of hot pursuit into Pakistan’s territory is raised by US military officials. The real motive of this threat is to give Pakistan’s rulers an excuse to justify their support of the US war, otherwise US troops would cross the border in order to carry out military operations. The threat is not real, because the US could not even face well motivated, poorly armed tribesman, so what chance would it have of facing highly capable armed forces, should it make such a miscalculation? Had the US been left to their own means, they would long ago have withdrawn, like the Soviet Russian before them. Indeed, their situation is even more precarious than that of the Soviet Russian, as unlike Russia, the US is not even a power in the region. It must project its power across the Pacific Ocean, accounting for Russian and Chinese disdain at its protracted presence on their doorstep. It has only been able to project this power due to Pakistan’s rulers from the time of Musharraf until now.

However, the false threat is raised to justify the rulers of Pakistan lying down before the US and extracting all that is essential for the US presence in Afghanistan. It is used to justify; the air and land supply lines that run through Pakistan to supply the US troops, the vast network of US private military and intelligence that are the eyes and ears of the US, the overflight of US drones without challenge, the erection of a hugely fortified border and continual policing of that border, as well as the spyposts masquerading as an embassy and consulates. Muslims must strive for a Khaleefah Rashid, who would end all alliance with, and support of, those who aggress against Muslims. Allah (swt) said,

إِنَّمَا يَنْهَاكُمُ اللَّهُ عَنِ الَّذِينَ قَاتَلُوكُمْ فِي الدِّينِ وَأَخْرَجُوكُم مِّن دِيَارِكُمْ وَظَاهَرُوا عَلَى إِخْرَاجِكُمْ أَن تَوَلَّوْهُمْ وَمَن يَتَوَلَّهُمْ فَأُوْلَئِكَ هُمُ الظَّالِمُونَ

Allah forbids your alliance with those who fight you because of your Deen, and drive you from your homelands, or aid others to do so: and as for those who turn to them in alliance, they are truly oppressors.”

(Surah al-Mumtahina 60:9)

 

Rao Anwar Case: Judges will Judge with Dignity and Might under the Khilafah

The former superintendent of police, Rao Anwar, who had gone into hiding nearly two months ago after expressing distrust of police investigation into the killing of a young Pushtun Muslim, Naqeebullah Mehsud, was taken into custody after he finally surrendered to the Supreme Court on 21st March 2018. “This is the majesty of court before which he [Rao Anwar] has submitted,” observed a visibly relieved Chief Justice of Pakistan Mian Saqib Nisar who had earlier issued repeated orders to the Sindh police chief for the fugitive officer’s arrest in the suo motu case pertaining to the killing of 27-year-old Mehsud in Karachi on Jan 13.

In Democracy “might is right.” Suo motu proceedings and the circumstances in which Rao Anwar came to the Supreme Court of Pakistan have raised questions over power priveleges and the helplessness of the entire state machinery, including the judiciary to arrest an alleged killer, allegedly supported by powerful state actors and officials. In the last proceeding of the suo motu case hearing, Chief Justice of Pakistan almost pleaded with Rao Anwar to surrender, which was highly regrettable given the stature of judiciary in any society. It is also regrettable that the same Chief Justice harshly threatens all others with dire consequences for non-compliance of the orders of Supreme Court, but when it comes to cases of missing persons or other cases connected to state secret agencies, the tone of the same Chief Justice becomes soft and requesting.

Under Democracy, judges do not judge by Quran and Sunnah, rather by man laws so they do not feel the responsibility that they have to answer to Allah (swt). They consider it a routine matter and do not feel that they should not be afraid of any one except Allah (swt), as He (swt_ has more right to be feared than anyone else when it comes to matters of justice. Allah swt said,

وَتَخْشَى النَّاسَ وَاللَّهُ أَحَقُّ أَن تَخْشَاهُ

And you feared the people, while Allah has more right that you fear Him”

(Surah Al- Ahzab 33:37)

And Democracy places bars on certain state institutions to be questioned and accounted publicly, ensuring that might is right, which has been seen throughout Pakistan’s seventy years of Democracy, whether it is “basic”, “real”, “true” or “guided.”

Only in the Khilafah on the Method of the Prophethood, will judges dare to judge upon any state official including the Khalifah himself. As judges judge according to the Quran and Sunnah, no-one can clip their powers to account any one, by making person or organization specific immunity laws. The judge can even dismiss the Khalifah if it is found that he is not ruling according to Islam. Hizb ut Tahrir in its Introduction to the Constitution adopted in articles 90 and 91 that, “The Court of Injustice Acts (Madhalim) has the right to remove any ruler or civil servant in the State, in the same way that it has the right to remove the Khalifah, if the elimination of the Madhlamah required this removal” and “The Court of Injustice Acts (Madhalim) has the authority to investigate any case of injustice (Madhlamah), irrespective of whether it is related to officials of the State…”

 

Democracy is the Rule of the Majority and Inherently Discriminates Against Minorities

A report released by National Commission for Human Rights (NCHR) on 19 March stated that 509 members of Hazara community were killed and 627 injured in various incidents in Quetta during the last five years. The NCHR report titled “Understanding the Agonies of Ethnic Hazaras” lists the incidents of attacks on Hazara community from January 2012 to Dec 2017, based on the data shared by the Baluchistan Home Department reported that rargeted killings, suicide attacks, and bomb blasts have inflicted harm to daily life, education, and business activities of ethnic Hazara community members in Quetta, such that “Fear and intimidation forced them [Hazaras] to migrate to foreign countries,”.

The misery of the Hazara people is not new and the government continuous failure to protect them shows that Democracy has failed to protect basic rights for Hazara or any ethnic or religious minorities. In Democracy, the ruler has to contest elections after a certain period of time, therefore, he knows that to return to power again he must have the backing of the majority or an area with the majority population behind him. Therefore, he feels compelled to keep the people of areas of majorities happy, even if he has to deprive the rights of minorities, ethnic or religious, as a consequence. Also, communities with larger populations become more significant in his mind than those with smaller populations and this causes negligence towards minorities. This is the reason that even if the chairman of the senate or head of the state comes from a province with a smaller population, his focus remains on the larger provinces or the issues concerning the larger communities/ provinces. The inbuilt bias in development and attention towards majority leads to regional bigotry and communal resentment.

Moreover, as it is the majority who decides on all matters in Democracy, it inevitably leads to the importance of the majority and the insignificance of minorities. The majority legislates as per its wishes with little regards for minority aspirations. Laws are amended whenever the majority wishes to change them and minorities must fight for their rights. Oppression of minorities at the hand of majorities has become norm in the so-called “civilized” Western societies, as is seen in the miserable situation of Afro-Americans and Hispanics in the US.

However, in the Khilafah, the Khalifah is elected once and then contracted to rule by Islam. Without the pressure of re-election, the Khalifah knows that as long as he is implementing Islam completely accomplishing what he has been entrusted, he does not have fear of the end to his rule. Therefore, he will not sway to any unjust demands from majorities and he is not forced to take actions in favour of majorities. Consequently, the Khilafah state is free from regional, linguistic, district level bigotry. Above all and completely unlike Democracy, in the Khilafah, legislating sovereignty does not lie with people, majority or minority, rather it is based on the Quran and Sunnah. Therefore legislation is neither subject to “approval” and “wishes” of the majority nor on the basis of its need. Allah swt alone is Sovereign over all humankind and determines what is legal and what is illegal. Hence Allah swt has protected and secured the rights of minorities and non-Muslims by taking away the sovereignty to legislate from humankind, providing them with peace and safety. Therefore, it will only be the Khilafah state that will protect the rights of Hazara and all other ethnic or religious minorities. It was only under the Khilafah that not only Muslims but Jewish and Christian Arab tribes lived over generations in peace and prosperity.