His? (Muhammad Ali Jinnah)
Or his? (Maulana Soofi Muhammad)
معاہدے کا متن مندرجہ ذیل ہے۔
’مولانا صوفی محمد بن الحضرت حسن اور صوبائی حکومت کے کامیاب مذاکرات کے بعد صوبائی حکومت نے فیصلہ کیا ہے کہ آج سے ملاکنڈ ڈویژن بشمول ضلع کوہستان ہزارہ کے نظام عدالت کے تعلق میں جتنے بھی غیر شرعی قوانین یعنی قرآن اور حدیث کے خلاف ہیں وہ موقوف اور کالعدم تصور ہونگے یعنی ختم ہونگے۔
اسی نظام عدالت میں شریعت محمدی جس کی تفصیل اسلامی فقہ کی کتابوں میں موجود ہے اور اس کے مآخذ چار دلائل ہیں کتاب اللہ، سنت رسول، اجماع، قیاس وجوباً نافذالعمل ہونگے اس کے خلاف کوئی فیصلہ قبول نہیں ہو گا۔ اور اس کی نظر ثانی یعنی اپیل کی صورت میں ڈویژن کی سطح پر دارالقضاء یعنی شرعی عدالت بنچ قائم کردیا جائے گا جس کا فیصلہ حتمی ہو گا۔
حضرت صوفی محمد بن الحضرت حسن کے باہمی مشورے سے عدالتی شرعی نظام کے ہر نقطے پر تفصیلی غور کرنے کے بعد اس کا مکمل اطلاق مالاکنڈ ڈویژن بشمول ضلع کوہستان ہزارہ میں امن قائم کرنے کے بعد باہمی مشورے سے کیا جائے گا۔ ہماری حضرت صوفی محمد بن الحضرت حسن سے درخواست ہے کہ وہ اپنا پرامن احتجاج ختم کر کے مالاکنڈ ڈویژن کے تمام علاقوں میں امن قائم کرنے میں حکومت کا ساتھ دیں۔‘
|Shariah in Swat
| Tuesday, February 17, 2009
We are all accustomed to strange political events. But some events are stranger than others. Amongst these is the agreement reached to once more enforce Shariah rule in Swat. Still odder is the fact that the ANP, which still describes itself as a secular party, and the ‘liberal’ PPP should be behind the latest deal. We can only wish them luck and hope the move does not backfire, as has happened in the past, allowing militants time to regroup and wreak still further havoc on a valley they have terrorized for months. The desperation of the ANP, a delegation from which met Sufi Mohammad at Timergara for talks that led to this latest accord, is understandable. The horrendous situation in a region where people have suffered tremendous brutality, where girls have been driven out of schools and where people have been beheaded in public for defying the militants is one that no elected government can stand by and calmly endure. The perceptions in Swat that the military was not committed to quashing the wild band of militants it confronted added to the helplessness of the Peshawar government. Tens of thousands have fled Swat. Estimates as to numbers vary, but it is believed by human rights monitors that up to 800,000 of the valley’s 1.8 million people may have left. In the sense that the ten-day truce announced by militants and a longer-term deal with the government may bring peace to the lives of devastated people, it must be welcomed. Seen from other perspectives, there is plenty of room for trepidation.
In 1995, the first attempt was made at striking a deal involving the imposition of Shariah rule with the wily Sufi Mohammad of the Tehrik-e-Nifaz-e-Shariah-e-Mohammadi (TNSM). The accord did not last. Today things are still more complicated. The elderly Sufi Mohammad, who remained in jail from 2002 to 2008 after being returned from Afghanistan where he had led an army of fighters from tribal areas to stage ‘jihad’, has been overtaken in terms of influence and power by his son-in-law, Maulana Fazlullah. Indeed, compared to the wild-eyed Fazlullah, Sufi Muhammad comes out as a moderate. Early in 2008, when the ANP reached a deal similar to the one now agreed upon with Sufi Muhammad Khan, Fazlullah violated it. The two men have, at best, an uneasy relationship. This time too, the warning from Fazlullah’s militants that the ‘intentions’ of the government will be watched is ominous. As has happened in the past, when a deal is not backed by true intention, it can be broken on any pretext. Perhaps the only positive that can be seen in the accord is that it may create a defection among Fazlullah’s ranks and move some of his supporters to the now-state-certified Sufi Mohammad. Possibly this is what the government may be banking on — but it is hardly going to lead to lasting peace in the region.
We are told the people of Swat wanted Shariah; that rallies demanding this had been staged. It is hard to believe, given the environment prevailing in Swat, that there was no element of coercion behind these rallies. It is also true that what people want is an efficient, reliable system of justice. The failure to offer them this with the judicial system in disarray everywhere in the country is a key factor in the demand for Shariah law and Qazi courts. While the militants have capitalized on these feelings of people, the fact too is that the frenzied men who have laid siege to Swat can, under no circumstances, be described as being motivated by religion. Their numerous acts of violence, their attempts to stifle learning and the way in which they have targeted the most vulnerable citizens shows that they indeed care nothing for Islam – a religion that advocates kindness for the oppressed, emphasizes the significance of learning and lays down rules of respect for women, for minorities and even for enemies. It seems obvious the ignorant forces of Fazlullah seek only power and are willing to use any means to obtain this. In the past Fazlullah has been accused by the people of Swat of extorting money, jewellery and other valuables from them. Today these people are too terrified to speak out. It is a shame Swat has been lost to such forces. The fact is that this deal shows that the Pakistan military has in fact been defeated by the militants; that we are now incapable of retaining control of vast tracts of our own territory. This has implications for other parts of the country, where militants hold sway. The day may come when a decision is made to strike deals there too – and by doing so allow the militants to seize control of a people whose government no longer seems able to protect them or safeguard their rights as citizens. (The News, 17 Feb 2009)
Swat sharia and Taliban
Some developments after the announcement that the governments in Peshawar and Islamabad had agreed to sharia in the Malakand region are worth noting. The NWFP government representatives insist that the agreement over the content of sharia laws has been reached with Sufi Muhammad of the Tehreek-e Nifaz-e Shariat-e Muhammadi (TNSM) and, pointedly, not with the Tehreek-e Taliban Pakistan (TTP) whose chapter in Swat is headed by warlord Fazlullah. They say this was to show adherence to their pledge that they will not parley with anyone who bears arms.
Mr Fazlullah says he has announced a 10-day ceasefire. (He said this while destroying another school on the day the accord was reached.) He also says that in the coming ten days he will watch closely the implementation of the sharia law called Nizam-e-Adl Regulation, and if he doesn’t like what he sees he will go back to his pastime of killing and demolishing. Clearly, he is indicating his de facto authority over the area and has not completely accepted the authority of his father-in-law Sufi Muhammad, which implicitly is spiritual in nature now. In a way he has the veto over whether the sharia law will finally be accepted. He in fact is the executive authority in the region and not the NWFP government.
Most of the reliable pro-sharia commentators who came on TV Sunday night stated that the popular acceptance of the sharia was based on the people’s desire for peace. The desire for the sharia was thus not propelled by the need for justice but the need for peace. In other words, it was not inspired by the divinity of Sufi Muhammad but by the power to kill of warlord Fazlullah who will clearly not submit to sharia justice if cases are brought against him in the sharia courts for killing innocent people. The flaw in the agreement reached between the NWFP government and Sufi Muhammad of the TNSM lies in it not being negotiated with the man who has ousted the writ of the state in Swat. The problem with Fazlullah, on the other hand, is that he holds Swat at the pleasure of Baitullah Mehsud and can only offer ceasefires if the “caliph” of the TTP in South Waziristan agrees.
We fervently hope that sharia in Swat brings peace as well as justice to the benighted population of the valley. But the bottom line, which no student of political science in the world will deny, is that a state of justice cannot exist without a proper writ of the state. It is the obligation of the state of Pakistan to re-establish its writ in the region before people can taste the fruit of justice. (Daily Times, 17 Feb 2009)
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