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One of the most famous
public documents in the history of Pakistan is known
commonly as the Munir Report, its official title
being: Report of the Court of Inquiry constituted
under Punjab Act II of 1954 to enquire into the Punjab
Disturbances of 1953. The disturbances referred to
were instigated by a number of religious leaders (ulama)
in pursuance of their demand that the government
officially classify Ahmadis to be a non-Muslim minority
community, and take certain other actions against members
of this movement. The
disturbances were eventually quelled by the authorities,
and a public court of inquiry appointed with Justice
Muhammad Munir as president and Justice Kayani as member
to investigate the causes of the trouble. The inquiry
went into the underlying issues behind the events,
carrying out an incisive analysis of the ulama's
concept of an Islamic state. Its 387-page Report, which
soon became a historic document, was presented in April
1954.
Referring to the ulama's
call for Pakistan to be run as an official `Islamic'
state, and to their demands against Ahmadis, the Report
says:
``The question,
therefore, whether a person is or is not a Muslim
will be of fundamental importance, and it was for
this reason that we asked most of the leading ulama
to give their definition of a Muslim, the point being
that if the ulama of the various sects
believed the Ahmadis to be kafirs, they must
have been quite clear in their minds not only about
the grounds of such belief but also about the
definition of a Muslim because the claim that a
certain person or community is not within the pale of
Islam implies on the part of the claimant an exact
conception of what a Muslim is. The result of this
part of the inquiry, however, has been anything but
satisfactory, and if considerable confusion exists in
the minds of our ulama on such a simple
matter, one can easily imagine what the differences
on more complicated matters will be. Below we
reproduce the definition of a Muslim given by each alim
in his own words.''
(p. 215)
There then follow in the
Report the answers given by various ulama to the
question, What is the definition of a Muslim. At the end
of the answers, the Report draws the following
conclusion:
``Keeping in view the
several definitions given by the ulama, need
we make any comment except that no two learned
divines are agreed on this fundamental. If we attempt
our own definition as each learned divine has done
and that definition differs from that given by all
others, we unanimously go out of the fold of Islam.
And if we adopt the definition given by any one of
the ulama, we remain Muslims according to the
view of that alim but kafirs according
to the definition of every one else.''
(p. 218)
After this, under the
heading Apostasy, the Report refers to the belief
held by the ulama that, in an Islamic state, a
Muslim who becomes a kafir is subject to the death
penalty. The Report says:
``According to this
doctrine, Chaudhri Zafrullah Khan, if he has not
inherited his present religious beliefs but has
voluntarily elected to be an Ahmadi, must be put to
death. And the same fate should befall Deobandis and
Wahabis, including Maulana Muhammad Shafi Deobandi,
Member, Board of Talimat-i-Islami attached to the
Constituent Assembly of Pakistan, and Maulana Daud
Ghaznavi, if Maulana Abul Hasanat Sayyad Muhammad
Ahmad Qadri or Mirza Raza Ahmad Khan Barelvi, or any
one of the numerous ulama who are shown
perched on every leaf of a beautiful tree in the fatwa,
Ex. D.E. 14, were the head of such Islamic State. And
if Maulana Muhammad Shafi Deobandi were the head of
the State, he would exclude those who have pronounced
Deobandis as kafirs from the pale of Islam and
inflict on them the death penalty if they come within
the definition of murtadd, namely, if they
have changed and not inherited their religious views.
``The genuineness of
the fatwa, Ex. D.E. 13, by the Deobandis which
says that Asna Ashari Shias are kafirs and
murtadds, was questioned in the course of enquiry,
but Maulana Muhammad Shafi made an inquiry on the
subject from Deoband, and received from the records
of that institution the copy of a fatwa signed
by all the teachers of the Darul Uloom, including
Maulana Muhammad Shafi himself which is to the effect
that those who do not believe in the sahabiyyat
of Hazrat Siddiq Akbar and who are qazif of
Hazrat Aisha Siddiqa and have been guilty of tehrif
of Quran are kafirs. This opinion is also
supported by Mr Ibrahim Ali Chishti who has studied
and knows his subject. He thinks the Shias are kafirs
because they believe that Hazrat Ali shared the
prophethood with our Holy Prophet. He refused to
answer the question whether a person who being a
Sunni changes his view and agrees with the Shia view
would be guilty of irtidad so as to deserve
the death penalty. According to the Shias all Sunnis
are kafirs, and Ahl-i-Quran, namely, persons
who consider hadith to be unreliable and
therefore not binding, are unanimously kafirs,
and so are all independent thinkers. The net result
of all this is that neither Shias nor Sunnis nor
Deobandis nor Ahl-i-Hadith nor Barelvis are Muslims
and any change from one view to the other must be
accompanied in an Islamic State with the penalty of
death if the Government of the State is in the hands
of the party which considers the other party to be kafirs.
And it does not require much imagination to judge of
the consequences of this doctrine when it is
remembered that no two ulama have agreed
before us as to the definition of a Muslim. If the
constituents of each of the definitions given by the ulama
are given effect to, and subjected to the rule of
`combination and permutation' and the form of charge
in the Inquisition's sentence on Galileo is adopted mutatis
mutandis as a model, the grounds on which a
person may be indicted for apostasy will be too
numerous to count.''
(p. 219)
Hence this
extensive inquiry found that if the fatwas of the ulama
are relied upon to determine whether a sect is Muslim or kafir,
then no sect at all will be left which could be
called Muslim.
After publication of the above
excerpts from The Munir Comission Report, a close shia
friend, complained about the impression that some of the
statements (from the report) created regarding Shia
attitudes towards other schools of thought.
I have merely reproduced excerpts from a Pakistani
government inquiry, conducted by two supreme court
justices. All these exerpts have been placed in their
proper context, which is the denouncement
of the habit of takfir by ulema of one school against the
other.
However, I respect the opinion of this friend, who still
feels that the reproduction of material from the report
does not speak well of our understanding of the true shia
position. Therefore I am re-producing the entire text of
his complaint letter, which includes a fatwa by Al-Azhar
accepting shia schools of thought as legitimate Islamic
schools of thought, as well as referrence to shia works
which consider sunnis as muslims.
For
the record, we consider all people who profess the kalima
to be muslims and strongly denounce this evil habit of
takfir, by certain ulema. This should be clear to anyone
visiting this website
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