Analysis, Side Feature, South Asia
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Pakistan Headlines – 3 Aug 2018

Headlines:

  • Judiciary left by the British Raj Cannot be Reformed, it must be replaced by the Islamic Judiciary
  • Steps to Secure US Victory in Afghanistan through Talks are Underway
  • How can an Invitation to Modi even be considered when it is like Inviting Abu Jahal, the Leader of the Mushrikeen?

Judiciary left by the British Raj Cannot be Reformed, it must be replaced by the Islamic Judiciary

On 28th July 2018 Chief Justice of Pakistan, Mian Saqib Nisar, admitted that he may have failed to put his own house, the judiciary, in order as per expectations of the people. “I have no qualms about making this confession,” he said while addressing a gathering of judges from the district judiciary at the Punjab Judicial Academy on Saturday. Sitting judges of the Supreme Court and the Lahore High Court were also present. Commenting on a slow pace of civil litigation, he said that amendments to substantive law in accordance with the needs of modern times were needed to ensure swift provision of justice, adding, “Amendments to the procedural law only cannot serve this purpose.”

The judiciary in Pakistan is the one that the British Raj left behind, which was made to rule by subjugation. This judiciary was deliberately designed in a way that subjects of the Raj never dared to challenge the British occupation and rule. If anybody dared to do so his life was to be made miserable by simply placing some cases on him. Then he would be confined to jail, on bail and awaiting trial. His relatives would then run pillar to post to prove his innocence, which usually consumed many years. Unfortunately after the creation of Pakistan in the name of Islam, the political and military leadership of Pakistan has never abandoned this judiciary, replacing it with the most effective judiciary in human history, the Islamic judiciary. So even after seventy years of independence we still hear of cases where the Supreme Court of Pakistan decides that a man is innocent, wrongly implicated in a case and must be released immediately, after more than a decade in jail. In some cases, such decisions are post-humous, where the man rotted in jail unti death jail or was even hanged. A total of 1,873,085 cases were pending disposal in all the superior and subordinate courts of Pakistan as on November 30, 2017, according to the Law and Justice Commission of Pakistan (L&JCP).

This judiciary is not a failure just because it is a leftover of the British Raj. It is a failure because it does not emanate from our Aqeedah, Islam. Islam mandates that a judiciary must decide matters only from Quran and Sunnah. Allah (swt) said, فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللّهِ وَالرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللّهِ وَالْيَوْمِ الآخِرِ(And) if you differ in anything amongst yourselves, refer it to Allah and His Messenger ﷺ, if you believe in Allah and in the Last Day” (Surah An-Nisa 4:59). And He swt said, وَأَنِ احْكُم بَيْنَهُم بِمَآ أَنزَلَ اللّهُ And so judge between them by what Allah has revealed” [Surah Al-Maidah: 49]. So the problem with the current judiciary is not that it is old and needs reform. The problem is that it is not from Islam. Therefore, the solution is not its reformation, rather its abandonment and establishment of Islamic judiciary.

 

Steps to Secure US Victory in Afghanistan through Talks are Underway

In his meeting at the Pentagon on 30 July 2018, Ambassador Ali Jahangir Siddiqui briefed US Defence Secretary James Mattis on Pakistan’s efforts to enhance its cooperation with Afghanistan. “We agreed on the need to work together for peace and stability in Afghanistan,” Ambassador Siddiqui told Dawn after the meeting. “I reiterated Pakistan’s commitment to play its part in this peace and reconciliation process.” The meeting with Mattis comes days after Afghan President Ashraf Ghani contacted Pakistan Tehreek-i-Insaf chief Imran Khan to congratulate him on his party’s victory in the election. A statement issued after the meeting said that the two leaders “agreed to overcome the past and to lay a new foundation for a prosperous political, social and economic future of both countries”.

Even before taking oaths of office, the rulers-elect are moving ahead with the US plan for Afghanistan to provide a negotiated settlement for the permanent US military presence on our doorstep. Engaging with the US occupying colonialists in talks will only result in the defeat of the tribal resistance’s long struggle when they are close to victory. It is now an established fact that US cannot win the war in Afghanistan militarily. Since Obama’s second term, US has lost all hope of wining against the brave resistance of tribal Muslims of Afghanistan and Pakistan. The Trump administration reviewed its Afghan strategy in August 2017 and maintained the conclusion that US cannot ever win the Afghan war. The US is now using its agents in Pakistan influence in Afghanistan, so that talks achieve that which the US could never achieve on the battlefield.

The Muslims must ask the rulers-elect, how is this path of betrayal following the example of the Madinah State? If successful, the US plans will lead to the establishment of permanent US military bases in Afghanistan. The American agents within Pakistan’s leadership desire American victory in Afghanistan and securing a vast network of US military and intelligence bases in the neighborhood of Muslim world’s only nuclear weapon state. Through these bases, the US will partner with India to fight against the Muslim states, immersing the region in further chaos.

The US plan must be obliterated. A sincere leadership would mobilize the tribal fighters with the armed forces to cut the head of the snake in the region by establishing the Khilafah (Caliphate) on the Method of the Prophethood. The US is shaken by small groups of fighters, proving its vulnerability to a state that rules by Islam and unifies the Muslims as one force. The Khaleefah Rashid will immediately cut-off America from the region, unify Pakistan and Afghanistan and surround the weak forces of the enemy leading to swift and decisive expulsion. Allah (swt) said, فَلَا تَهِنُوا وَتَدْعُوا إِلَى السَّلْمِ وَأَنتُمُ الْأَعْلَوْنَ وَاللَّهُ مَعَكُمْ وَلَن يَتِرَكُمْ أَعْمَالَكُمْ Be not weary and faint-hearted, crying for peace, when you are the uppermost: for Allah is with you, and will never put you in loss for your (good) deeds.” [Surah Muhammad 47:35]

 

How can an Invitation to Modi even be considered when it is like Inviting Abu Jahal, the Leader of the Mushrikeen?

Pakistan Tehreek-i-Insaf chairman and prime minister-designate Imran Khan has finally decided against inviting foreign dignitaries and celebrities to his planned oath-taking ceremony, instead opting for a simple event, DawnNewsTV reported on 2 August. This came after debate over inviting Modi to Imran Khan’s oath-taking ceremony on 11 August 2018, after Pakistan Tehreek-i-Insaf (PTI) leaders on 1 August met Foreign Secretary Tehmina Janjua to discuss which foreign dignitaries are to be invited. All of this is in the backdrop of Imran extending an olive branch to Modi in his first post elections speech, on 26 July. and then Modi reciproctating with a congratulatory phone call on 30 July.

How is even considering such an invitation following the model of the Madinah State? It is like inviting the foremost enemy of the Muslims, Abu Jahal, with open arms. The Hindu entity’s enmity and treachery is established over seven decades. Modi was Chief Minister of Gujrat, where from 28 February 2002, Hindu mobs martyred at least two thousand Muslims throughout Gujarat. Narendra Modi issued statements to further instigate and justify the killing. On 1 March, at the height of the slaughter Modi asserted that, “Every action has an equal and opposite reaction (Har kriya ki pratigriya hoti hai).” And, on 2 March, whilst hacking and burning alive continued in several areas in Gujarat, Modi lied to buy more time for his Hindu accomplices by saying, “Gujarat is well on the road to peace and normalcy is slowly returning here.” (Gujarat mein bahut teji se shanti prasthapit ho rahi hai, normalcy aa rahi hai).” Then as Prime Minister Modi has ensured continual slaughter of the Muslims of Occupied Kashmir as well as naked aggression over the Line of Control and Working Boundary.

Yet, the new political leadership of Pakistan sees fit to even consider the dignifying a leader of mushrikeen, with the blood of Muslims on his hands. Why even raise the discussion of meeting Modi and then make a customary U-turn? Was it merely to test the waters of public opinion or prepare it for further overtures?

It is the Khilafah (Caliphate) on the Method of Prophethood alone that will produce a political class that will end all relations, clearly and unequivocally, with the open enemies of Muslims. It will treat hostile non-Muslim states who have occupied Muslim Land or other acts of similar aggression on a war stance.  It will work to unify the current Muslim countries as the single most powerful state. Thus, Khilafah state will end all diplomatic relations with India and a state of war will be adopted as the basis for all dealings with it. The Khaleefah will mobilize the Muslim armed forces to liberate Kashmir in response to call to the cries of Muslim brothers and sisters in Kashmir. It will destroy the colonialist borders that separate the Muslims of the region, unifying their human and material resources. It will bring the ruling by Islam back to the region liberating all the people of the region from the oppressive rule of the Hindu mushrikeen. Allah (swt) said, مَّا يَوَدُّ الَّذِينَ كَفَرُواْ مِنْ أَهْلِ الْكِتَابِ وَلاَ الْمُشْرِكِينَ أَن يُنَزَّلَ عَلَيْكُم مِّنْ خَيْرٍ مِّن رَّبِّكُمْ وَاللّهُ يَخْتَصُّ بِرَحْمَتِهِ مَن يَشَاء وَاللّهُ ذُو الْفَضْلِ الْعَظِيمِ Neither those who followed earlier revelation who deny the truth, nor the Mushrikeen like to see good bestowed upon you from your Sustainer; but Allah bestows grace upon whom He chooses- for Allah is limitless in His great bounty.” [Surah al-Baqara 2:105]

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