Is the Koran a constitution? – by Dr. Abbas Zaidi
One of our dearest friends, writer and intellectual Dr. Abbas Zaidi has on the LUBP team’s request, exclusively written this well argued piece for our readers. I on behalf of LUBP am grateful to him for sharing his efforts with us, and hope he will contribute more articles to this blog (aliarqam)
Now that Fauzia Wahab has apologized in the face of Islamofascism at its worst (or best, if you may), it is only appropriate that someone should try to put her remark in its context. Unfortunately, no one—either liberals or the PPP leadership—has come to support her claim that during the time of Caliph Hazrat Umar there was no constitution and thus the Caliph did not enjoy constitutional immunity. She was speaking in the backdrop of the constitutional immunity given to the president of Pakistan, be it Zardari or anyone else.
Suddenly Fauzia Wahab is the hated person, a kind of Salman Rushdie but on a smaller scale. The Islamofascist mullahs and their backers in the media have launched a witch hunt against her who dared speak the truth. It is hoped that after her “unconditional” apology she will not be killed. Some mullahs have countered Wahab’s argument by claiming that that the Koran is the constitution given to the Muslims by Allah. Thus, according to them, Fauzia Wahab has blasphemed by not saying so. Some mullahs have said that through the Medina Pact the Prophet of Islam (PBUH) gave a constitution to Muslims, which was the very first constitution in the history of the world (This is a contradiction on the part of the mullahs). Let us take a look at the problem.
What is a constitution? What is a scripture?
According to Encyclopedia Britannica, a secular document, a constitution is “the body of doctrines and practices that form the fundamental organizing principle of a political state.” A scripture is “the revered texts of the world’s religions”.
It should be clear from the Britannica definitions that a constitution deals with the profane, and a scripture deals with the sacred. We can further contextualize the issue by noting that a constitution is a legal-political document and does not cover people’s personal, ethical lives. It deals with the functioning of a state through a government. It is political-administrative in practice. It has nothing to do with the inner life or purification of a person. A constitution deals with a specific group of people in a specific place. A scripture on the other hand, the Koran included, is all-inclusive: It deals with every aspect of an individual’s life from their birth to death and beyond. A constitution is a man-made document which is made by the people for the people. It is a result of conscious efforts and deliberations of the representatives of people. The Koran is not a conscious-human document; no human consciousness went into its making. It was revealed to the Prophet (PBUH) by God through the agency of the angel Gabriel. People—humans—are absolutely irrelevant to its creation. The Koran is universal; it transcends time and space. A constitution’s contents are determined by competent and authorized representatives of people, which is not the case in the case of the Koran. The Koran is the word of God.
A constitution can be changed, amended, and even abrogated. Pakistan is a classic example of it. No human is authorized to change the Koran. It will remain as it is till the Day of Judgment. Yes, a number of time Koranic verses have been abrogated, but it was God Himself who did so. Even the Prophet of Islam (PBUH) was not authorized to do so. Besides, even if you accept a constitution and live under it, you can still endeavor to change it. For example, a person may accept the constitution of Pakistan, but he may also think that some of its articles are against the very notion of human rights. Such a person may argue that the constitution discriminates against Pakistan’s religious minorities. Moreover, it has declared the Ahmedis non-Muslims. Now such a person can endeavor politically and peacefully by aligning with like-minded people and work towards the repeal of these articles. There is nothing legally wrong with such an endeavor.
The Koran is a miracle and no other document can be produced which can claim the greatness and stature it has. A constitution can be guided by the Koran. The Koran has laid down principles and guidelines on a number of issues such as inheritance, divorce, and crime and punishment. Pakistan’s own constitution is guided by the Koran. Constitutions like their makers are mortal. The Koran like its Maker is immortal. Grammatically, the article “a” is used for a constitution; but for the Koran “the” is used. Thus the balderdash of the Islamofascists is not only misplaced and uncalled-for, it also shows their extreme ignorance and mindlessness.
(The writer is a researcher and has a PhD in sociolinguistics. He can be reached at [email protected].)
Excellent piece i must say. I was trying to write on this issue and was reading some material regarding this. This article has been very beneficial.
Very well written Dr.Zaidi i must say that the analysis are awesome. Thanks for sharing this piece with LUBP.
Zaidi Sahab,
Please correct me if I am wrong. As per my poor and humble knowledge. These Islamofascis are least bothered to pay attention that Parliamentary Democracy [Secular] and Quran are two different entities and these Fools are trying to mixing them both thus perverting both. They talk of Islamic Democracy but fail to mention that 4 Caliphs were not selected as per Adult Franchise but through a Shura consist upon some Companions [May Allah be please with all of them] and process of selection of Earliest Caliphs i.e. Abu Bakar, Omar, Uthman and Ali [May Allah be pleased with all of them]. Comparing the system given by Prophet Mohammad [PBUH] 1500 years ago with 1973 Constitution is [in my humble opinion] extreme “Ignorance” i.e. Jahalat. Islamic System is a different entity and Parliamentary System is altogether a different system.
Process of selection of 4 Caliphs differed in each case [Tabari, Ibn Khaldun and Al Bidaya Wal Nihaya]
Article 2 A
Chaudhry Zulfikar, the lawyer who filed the petition on behalf of the Islamic Lawyers Forum, said that a competition on the caricatures was announced on Facebook on April 20 and it would continue till May 20 next. Members of the website were invited to draw caricatures of the Prophet and participate in the competition, he said.
Zulfiqar said Article 2A of the constitution bars any practice against Islam in the country. Pakistan court orders blocking of Facebook Press Trust Of IndiaPosted on May 19, 2010 at 13:28 http://ibnlive.in.com/news/pakistan-court-orders-blocking-of-facebook/115702-11.html
Article 2 A’s definition as per Deobandis: Ban Shia Processions in Moharram, Ban 12 Rabiul Awwal Procession and every other bida’at [Innovation] in which are practiced by Non-Deobandis. Shias are out of Islam.
Article 2 A’s definition as per Barelvis : Everything which is done by Deobandis and Wahabis is against the Article 2A. Deobandis, Wahabis and Rafizis are out of Islam.
Article 2A’s definition as per Ahl-e-Hadith i.e. Salafis/Wahabi: Every Bida’at is deviancy and every deviancy leads towards Hell. Shia, Barelvis, and Deobandis too be warned.
Article 2A’s definition as per Judiciary: NRO is against Islam. Look at the faces of Judges they don’t even have the Beard [Sunnah] yet they lecture about Quran and Sunnah.
Article 2 A’s definition as per Jamat-e-Islami: Every Secular party is against Islam and every Military Dictator is Ameerul Momineen.
Who would define this Article 2A. What a perverted Mix of Fiqh Hanafiya-Deobandi-Barelvi-Jamati-Shia-Wahabi brand of Islam. Confused Interpretation+Confused Nation+Confused Ideology=Pakistan.
excellent article!
Burning Questions are still unanswered: Objectives Resolution and Secularism – by Wajahat Masood http://criticalppp.com/archives/6879
Dear Dr. Zaidi:
I suggest you should send an urdu translation of this enlightening article to leading newspapers also, for the benefit of masses. Unfortunately no one in our society ever gets up to refute illogical assertions of extremist moulvis.
A very erudite essay sir! The liberal and rational silent majority stands with you!
@Aamir Mughal
you are very right Sir!
@H Amin
The same article is published by the dailytimes today…
Quran Shareef Neven been called a constitution of the state ,This was the innovation of Syed Qutub ,Moududi and other Political Islamic scholars .
Here is the note on Qutub and all such Anarchists [basically it’s a transcript of a Khutba of Saudi Scholars on Qutub]: Militant Political Islam: Syed Qutub – I
http://chagataikhan.blogspot.com/2008/10/militant-political-islam-syed-qutub-i.html
Militant Political Islam: Syed Qutub – II http://chagataikhan.blogspot.com/2008/10/militant-political-islam-syed-qutub-ii.html
Note on Anarchy of HIZB UT-TAHREER & AL MUHAJIROON – 1
http://chagataikhan.blogspot.com/2008/11/anarchy-of-hizb-ut-tahreer-al.html
Anarchy of HIZB UT-TAHREER & AL MUHAJIROON – 2
http://chagataikhan.blogspot.com/2008/11/anarchy-of-hizb-ut-tahreer-al_06.html
NOTE: Di-section above is from Wahabis.
A would be definition of Article 2 A by Jinnah:)
Jinnah, General Zia and Israel
http://chagataikhan.blogspot.com/2008/10/jinnah-general-zia-and-israel.html
Why Zionists like and support Military Dictatorship in Pakistan?
A detailed background:
Those who think Palestine bears no connection with the polity of Pakistan would do well to look at the Quaids pronouncements on the issue from 1937-1948. Dennis Kux, in his book, The United States and Pakistan 1947-2000: Disenchanted Allies, points out that, in the struggle for Pakistan, the Muslim League demonstrated solidarity with Muslim countries and Muslim causes and Jinnah had frequently criticized Western policy toward Palestine to the point that, in 1948, Pakistans foreign Minister Zafraullah Khan became the acknowledged spokesperson for the Arab cause at the United Nations.
More than a decade earlier, in 1937, the All-India Muslim League had adopted a resolution warning the British Government that if it failed “to alter its present pro-Jewish policy in Palestine, the Mussalmans of India, in consonance with the rest of the Islamic world, will look upon Britain as the enemy of Islam and shall be forced to adopt all necessary measures according to the dictates of their faith. One need only consult direct quotations from speeches and writings of the Quaid (one good source is Quaid-i-Azam and the Muslim World: Selected Documents 1937-1948, compiled by Atique Zafar Sheikh and Mohammad Riaz Malik). The following are reproduced verbatim, without comment, in their raw un-adulterated, unedited form, along with citations:
May I point out to Great Britain that this question of Palestine, if not fairly and squarely met, boldly and courageously decided, is going to be the turning point in the history of the British Empire. I am sure I am speaking not only of the Mussalmans of India but of the world, and all sections of right thinking and fair-minded people will agree when I say that Great Britain will be digging its grave if she fails tohonour her original proclamation, promises and intentions-pre-war. MA Jinnahs Presidential Address at the Lucknow Session of the All-India Muslim League (15 to 18 October, 1937).
The way in which the British Government have hitherto dealt with the Arabs is the greatest blot on their national honour.
M A Jinnah on British Governments Policy (New Times, November 27, 1938).
But no nation, no people who are worth living as a nation, can achieve anything great without making great sacrifices, such as the Arabs of Palestine are making. All our sympathies are with those valiant martyrs who are fighting the battle of freedom against usurpers.
MA Jinnahs Presidential Address at the Annual Session of the All India Muslim League held at Patna (26-29 December, 1938).
That His Majestys Government should try and meet all reasonable National demands of the Arabs in Palestine:
That the Indian troops will not be used outside India, against any Muslim power or country.
Letter from MA Jinnah to Lord Linlithgow, Viceroy of India (5 November, 1939). It is our duty to help our Muslim brethren wherever they are, from China to Peru, because Islam enjoins that it is our duty to go to the rescue of our Muslim brethren.
Muslim Day of Observance M A Jinnahs Address (2 November, 1940).
If President Roosevelt, under the pressure of the powerful world Jewry, commits the blunder of forcing the British Government to do injustice to the Arabs in Palestine, it will set the whole Muslim world ablaze from one end to another. Grave wrongs had already been done to the Arabs. If the Jewish immigration is allowed to continue, I have no doubt that not only the Muslim League will revolt but the whole Muslim world will revolt.
Speech of M A Jinnah at Strachey Hall Aligarh (10 March, 1944).
We cannot remain silent and we must assure the Arabs that Indian Muslims will stand by them. M A Jinnahs Speech at the Council of the All-India Muslim League (10 April, 1946).
The above illustrates the Quaids acumen and prescience in reading and anticipating with stunning clarity the implications of the Palestine problem nearly 70 years back. The spirit of its founding father clearly explains why Pakistan is, was, and should continue to remain a pan-Islamic nation. It also confirms and reinforces that the core issue ofthe Muslim world is the issue of Palestine.
Ch Muhammad Zafrulla Khan – a devout Ahmadi who did his bai’at at the hand of the Hadhrat Mirza Ghulam Ahmad, the founder of Ahmadiyya Movement on September 16, 1907 – was the first Foreign Minister of Pakistan.
He was called from Bhopal where he was Advisor to Nawab of Bhopal by the founder of Pakistan, Mr Muhammad Ali Jinnah. Mr Jinnah was personally fully aware of the legal mind of Ch Zafrulla and on one occasion described him as his son. Ch Zafrulla Khan later became a great fighter of the Arab cause. This love for the Arabs was generated in him by his love for the Holy Prophet. Ch Zafrulla Khan delivered a bombshell on October 7, 1947, when he spoke on the issue of the partition of Palestine. It was a stunning speech, the Arabs were overjoyed over it. In the next day’s issue of the top Indian daily, the Statesman, wrote editorially:
For the first time the voice of Pakistan was heard in the United Nations. It was a telling speech which tore into shreds the pleas put forward by advocates of the partition. Ch Zafrulla Khan did not merely indulge in rhetoric, when he described the plan physical and geographical monstrosity, but he proceeded to prove this by his unassailable arguments.
Answering a question that great many displaced jews be allowed to go Palestine. He posed the counter question, would USA agree to take in five million displaced persons of Panjab if they wish to enter USA and settle there.
The Statesman concluded:
We have little doubt that the Arabs will rejoice to find, the voice of Pakistan, so powerfully raised in the United Nations.
The same paper in its issue of October 11, 1947 quoted an Arab spokesman saying
It was the most brilliant and exhaustive survey of the Arab case regarding Palestine that I ever heard.
The second bombshell landed in May 1948, when Ch Zafrulla Khan told the British Foreign Minister Ernst Bevan, that Pakistan would never recognize the state of Israel. This caused stir in the international media specially in New York, where everybody was trying to find out who Zafrulla Khan is.
From 1948 to 1954, he waged a relentless war in the Security council for the Arab cause. He fought like a tiger for the independence of Libya, Somalia, Eritrea, Tunis, Morocco and Indonesia. The records of the Security Council are eloquent testimony of his fine speeches of this great son of Pakistan who gave a new life to the Arab countries. The Arab Ambassadors often came to know of the history of their land from his speeches delivered off the cuff.
He met Gamal Nasser of Egypt and later somebody told him that Ch Zafrulla Khan is a non Muslim, he immediately said if he is one, I would like to be a non Muslim like him.
The Secretary General of the Arab League Abdur Rahman Azzam Pasha in his letter of Nov 15,1951 said:
Reading your speech in (UN) Assembly, I prayed to God to save you and preserve your health in the service of Islam.
In a statement published in the Al Jareeda, June 22,1952, Mr Pasha said:
We know for certain that Zafrulla Khan is a Muslim by profession and practice. He has been successful in defending the cause of Islam all over the world. It was for this reason that he came to be respected by all and the hearts of Muslims were filled with sentiments of gratitude.
A prominent Egyptian leader Al Sayed Mustafa Momin in an interview with Pakistan news agency said (and this was published in the dailies of Pakistan on May 24/25,1952):
Ch Zafrulla Khan holds an enviable position in the world of Islam. He is looked upon as the top most statesman in the Middle East, specially in Egypt and other Arab countries.
By his powerful support of Tunisia, Morocco, Iran and Egypt in the United Nations he has served the cause of Islam in a way no other Muslim leader has been able to do.
Late Maj Gen AO Mitha’s posthumously published autobiography, Unlikely Beginnings.
“QUOTE”
According to Gen Mitha, it was Gul Hasan who saved Brig Zia-ul-Haq, as he then was, from being sacked. Zia was in Jordan. The year was 1971. Gen Yahya received a signal from Maj Gen Nawazish, the head of the Pakistan military mission in Amman, asking that Zia be court-martialled for disobeying GHQ orders by commanding a Jordanian armour division against the Palestinians in which thousands were slaughtered. That ignominious event is known as Operation Black September. It was Gul Hasan who interceded for Zia and had Yahya let him off. Mitha was treated very badly. His Hilal-i-Jurat was withdrawn in February 1972, something that also appears to have been Gul Hasan’s handiwork.
“UNQUOTE”
The most promising comparison between the Islamic Republic of Pakistan and the Jewish State of Israel came from Gen. Zia ul-Haq. Lacking a political constituency, he skillfully exploited Islam to legitimize and consolidate his military dictatorship. Presenting himself as a simple, pious and devoted Muslim, he institutionalized religious radicalism in Pakistan. In so doing, he found Israel to be his strange ally.
Toward the end of 1981, he remarked: Pakistan is like Israel, an ideological state. Take out the Judaism from Israel and it will fall like a house of cards. Take Islam out of Pakistan and make it a secular state; it would collapse. He likewise surprised many observers in March 1986, when he called on the PLO to recognize the Jewish state. As discussed elsewhere, he was actively involved both in the 1970 Black September massacre of the Palestinians in Jordan as well as in Egypts re-entry into the Islamic fold more than a decade later. From 1967 to 1970 our Commander of the Faithful Late. General Muhammad Ziaul Haq was in Jordan in Official Militray Capacity and he helped late. King Hussain of Jordan in cleansing the so-called Palestinian Insurgents, Zia and Hussain butchered many innocent Palestinians in the name of Operation against Black September {a militant organization of Palestinians}. The intensity of bloodletting by Zia ul Haq and King Hussain was such that one of the founder father of Israel Moshe Dayan said:
King Hussein (with help from Zia-ul-Haq of the Pakistani army) sent in his Bedouin army on 27 September to clear out the Palestinian bases in Jordan. A massacre of innumerable proportions ensued. Moshe Dayan noted that Hussein “killed more Palestinians in eleven days than Israel could kill in twenty years.” Dayan is right in spirit, but it is hardly the case that anyone can tch the Sharonism in its brutality.
P. R. Kumaraswamy. Beyond the Veil: Israel-Pakistan Relations Jaffee Center for Strategic Studies (JCSS)
Charlie Wilson’s War by George Crile during the so-called Afghan Jihad following things did happen;
He told Zia about his experience the previous year when the Israelis had shown him the vast stores of Soviet weapons they had captured from the PLO in Lebanon. The weapons were perfect for the Mujahideen, he told Zia. If Wilson could convince the CIA to buy them, would Zia have any problems passing them on to the Afghans? Zia, ever the pragmatist, smiled on the proposal, adding, Just don’t put any Stars of David on the boxes {Page 131-132}.
Quran also says:
Thou wilt find the most vehement of mankind in hostility to those who believe (to be) the Jews and idolaters. and thou wilt find the nearest of them in affection to those who believe (to be) those who say: Lo we are Christians. That is because there are among them priests and monks, and because they are not proud. [The Table Spread Chapter 5 Verse 82 – Soorah Al-Maidah].
O ye who believe! Take not the Jews and Christian for friends. They are friends one to another. He among you who taketh them for friends is (one) of them. Lo! Allah guideth not wrongdoing folk. {The Table Spread – V (Soora Al-Maida) Verse 51}.
A very well written article indeed. However, one is forced to think that how is it that not one Caliph was ever convicted during the entire 1300 years history of the Caliphate. Not one conviction!
Long ago I had read Mr. Khurram Ali Shafique [A Columnist and Researcher] compilation on Israel, the above is the same.
Heresy, Apostasy & Misuse of Blasphemy Law – 1
http://chagataikhan.blogspot.com/2008/11/heresy-apostasy-misuse-of-blasphemy-law.html
Heresy, Apostasy & Misuse of Blasphemy Law – 2
Mullahs often raise Hue and Cry over blasphemy but one wonders who would take these Mullahs to the court of law. http://chagataikhan.blogspot.com/2008/11/heresy-apostasy-misuse-of-blasphemy-law_10.html
Heresy, Apostasy & Misuse of Blasphemy Law – 3 Now read was to how Deobandi/Sufis and Barelvis are indulged in Blasphemy
http://chagataikhan.blogspot.com/2008/11/heresy-apostasy-misuse-of-blasphemy-law_771.html
Heresy, Apostasy & Misuse of Blasphemy Law – 4
http://chagataikhan.blogspot.com/2008/11/heresy-apostasy-misuse-of-blasphemy-law_7697.html This Blasphemy Law doesn’t even spare the Maulvis! You are worried about Late Jagdesh Kumar for being killed for alleged Blasphemy. In this Godforsaken Land we call Islamic Republic of Pakistan these Rogue Pakistanis [call themselves Muslims] don’t even spare an Imam of the Mosuqe for Blasphemy. Read………
Heresy, Apostasy & Misuse of Blasphemy Law – 5
http://chagataikhan.blogspot.com/2008/11/heresy-apostasy-misuse-of-blasphemy-law_4971.html Administring Justice and awarding punishment is the responsibility of the Ruler/State [even in the harshest Islamic State] not of the Masses or Mullahs. A detail view is as under for kind perusal. I guarantee you that those who have done the above deed would also have been the most ignorant about Islam, Quran and Shariah.
NEED TO CHECK MISUSE OF BLASPHEMY LAW (28 May 2000) EDITOR’S NOTE: An article entitled “Need to Check Misuse of Blasphemy Law” by Qazi Faez Isa, was published in DAWN, Karachi, on Sunday, May 28, 2000
Dear Moderators,
False Case on Ms. Fawzia Wahab’s is in the court that she used insulting against Islam, let assume they are right. Now read what the Giant Ulema of Deoband, Bareli and WAHABIYA have uttered worst Blasphemous Comment rather “Disbelief” now download these Comment from this website’s Heading Ghar Kay Chiragh with original reference and Ms. Fawzia Wahab should present thses quotes in her defence in the Court of Law and ask the Judge or Mullahs about the about the Blasphemous Comment by Mullahs against Islam not only Islam but Quran, and Prophet Mohammad [PBUH] and these Mullahs didn’t even spare Allah. Links are as under: post these JPG/QUOTES to show mirror to Ansar Abbasi and Barking Mullahs.
Ghar Kay Chiragh Part – 1
http://www.emanekhalis.com/emanqist1/emangist.htm
Deendari Ya Dukandari:
http://www.emanekhalis.com/din/din.htm
Brazen Blasphemy against Prophet [PBUT] in the garb of Sufism? Are Court or Mullahs sleeping?
http://emanekhalis.com/emanqist1/emangist69.htm
http://emanekhalis.com/emanqist1/emangist70.htm
http://emanekhalis.com/emanqist1/emangist71.htm
http://emanekhalis.com/emanqist1/emangist72.htm
http://emanekhalis.com/emanqist1/emangist73.htm
Download and Upload on your blog and present these quotes in the Court as Defence.