Shahid Orakzai vs Federation Of Pakistan

Feetaa SitAteca ces.,vie — cA 14/1_ 4A,6

Mr. Shahid Orakazi, Petitioner (in person) Vs. The Secretary Ministry of Religious Affairs, Hajj & Auqaf, Islamabad filed this Shariat Petition IVA 203-D of the Constitution of Islamic Republic of Pakistan, 1973 in which he stated that Challenging the conventional condemnation of Shaitan by pilgrims during the Hajj in utter contravention of the Holy Quran. He mentioned grouhds which are reproduced is as under in this regard:- Declare that the act of condemning Shaitan by pebbles called "Rammi" has absolutely no religious link ore spiritual connection with Prophet Ebrahem and Prophet Muhammad, the Last of the Prophets.

Instruct the Federal •Government to take steps to prevent the practice by the citizens of Pakistan as well as the pilgrims in general.

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Any other remedy under the Constitution and the law when this petition is accepted with costs.

2.Submitted for kind perusal and orders please.

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2 Sh.Petition No. 1 /I of 2016.

Ref.Paras 1-4/N i 5Th The petitioner through this petition has challenged the religious Rukum " RAM! " conventional condemination of Shatan ( throughing stone ball) by pilgrims ( Hajies ) being not religious link/connection with prajfers, that Federal Government : to take steps to prevent the practice by pilgrims of Pakistan/general. The petitioner has mentioned the questions whether symbolically hitting the Satan with pebbles is an obligatory, Manasake-Hajj by Pilgrin9s and performed thy.! Holy Prophet IBRAHIM (P.B.U.H) OR anYI Holy Prophet of MIAH ( P.B.U.T ) and also mentioned the Holy Verse Nos. 125,130,198 & 200 of Surah No.2 (Al-Baqrah ), 95& 97 of Surah No.3 ( AliImran ), 35 of Surah No.14( Ibrahim) 27 of Surah No.28 ( Al-Qasasi ) and 67 of Surah No.29 ( Al-Ankabut ) of HolyiQuran in favour ef his plea. Th applicant wants Quranic Rulings from this Hon. Court regarding prevalent Custom & convential followed by the 'many including citizen of Pakistan. : It is submitted that this Court has jurisdiction U/A 203-D Constitution of the Islamic Republic of Pakistan, 1973 to examine and decide the question whether or not any law or provision of law is repugnant to the Injunction of Islam as laid down in, the Holy Quran and the Sunnah of Holy Prophet ( P.B.U.H). The petitioned has not challenged particularly any law or provision of law in his petition.

Submitted for kind otders please.

( Hafiz Muhang Afzartunio ) Deputy Registrar ( S R)

Lear d SRA.

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asf l ertir of this petition is that:

Ramy has no religious link with Hajj and is not mentioned in the Holy Quran or in any previous Book of Allah..

This has not been performed by an' Prophet of Allah particularly the Prophet Ebraheem Who is the architect of lia`ba.

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The guide book officially provided to the pilgrims is absolutely false and baseless. The provider of this book may be declared as.'Sufahaa (senseless People).

Ka`ba being a home of Allah ensure Amn (peace and security) . Sufahaa may be prevented to make it house of death and danger.

The petitioner prayed this Hon. Court to declare RAMY as it is not a religious part of Hajj and the citizen of Pakistan may be prevented to perform it as a part of Hajj.

The facts stated by the petitioner are baseless. Ramy at jimar is an obligatory part of hajj. It is wajib in its rank and performed by the Prophet of Allah EBRAHIM when he was directed by his Lord to sacrifice his son. The Satan came and whispered. Imam Ahmad ibn Hanbal has narrated this story in detail from the Holy Prophet Muhammad (SAWS) which is as under;

13._)A-?3 ‘t1-.A `LIttsc'ss.aij °L) C.J11 ll L.,c,.›Li `4ALII °J-4? Ls- e-.111 J-.44 Lros3 jijn bUj j L s‘l al Lci.4“,J1,;i e;;; tl—aa Ss&.••4 L.111-.:•'11 J Lyaty-a 4. LIU Lf,p1.4.) 4i,11 cz43,1 L ji (144si J.3 j ji Us .a.y t CO LA.44'1 c L•jh 4.13.; k cil s ('105 ,:caiLaft) (That Gabriel went with Ebraheem to jamara 'Aciabah, the Satan came to him ,he threv, him seven pebbles, then he came to Central 'Aqabah, the Satan also came their he again threw him seven pebbles, then he came to the top Jamra, the Satan again came to him their he again threw him seven pebbles, when Ebraham intended to sacrifice his son Ismail, he said to his father: 0 my father fasten me tightly so that I do not disturb and my blood may not spray drops on you, when you slay me and when he took the razor/knife and intended to sacrifice him it was announced from behind: you did make the dream come true. This is how We reward those who are good in their deeds.)(Nail al Awtar Vo15, page 65)For detail ahkam al fiqh al islami wa addillatuh vol.3 p.236 may be consulted.

Ibn 'Abbas, (R.A) said that we are throwing pebbles on Satan in obedience to our fore father Ebraheem Ut 4k Ramy is Symbol and a signal of enmity with the Satan for which Allah Almighty has ordered. Allah says: (6 ,..).1.1i) &3it 51=. 4 i ji Ramy is wajab and thoroughly performed by the pilgrims. Till date no one denied these facts. The petitioner has not challenged any law which falls under the definition of law as defined in article 203B (c) of the Constitution.

If approved, the matter may be placed before the court for appropriate order.

nix des Dr. Mohammad Motiaur • ahman Adviser 5' \ ‘S

4 SGt.. 1:4F1

if-- In this petition, the petkoperbas raised three questions. The first one is: Whether hitting Satan with pebbles is obligatory duty of the pilgrim in the light of Quran and Sunnah?The Second question is: Whether the rite of hitting Satan with pebbles is included by Quran in the Manasik Hajj?The third question is:

Whether Prophet Ibrahim or any other prophet performed this ritual?

As far as the first question is concerned, Hajj is the fifth pillar of Islam. Ramul Jamarat or hitting Satan with pebbles is obligatory part of Hajj.The Holy Prophet himself performed this ritual as appeared in the tradition:

ClaiJ °J-4?-11 se..):! (ILO AikAaIcpisa co-.6 J41-7% Reported by Jabir that: I saw the holy Prophet on the day of slaughter throwing pebbles at Jamaraat while riding in his camel."It is proved by the sayings and act of the Holy Prophet.(Sahih Muslim,lcitabul Haj,Hadith

No.2.976)(Bukhari,Kitabul Hajj,Hadith No.8m)

7fr-- As far as the second question is concerned, it is appeared in the Holy Quran that it_gli And complete Hajj and prriraliin the 'service of God.(2.:196)_elki-.1 c-141 .1raiu3l Ltrz .4;1

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Milgritnage:theretb. 1S.'a.duty1:Of .men.oWeite..Gocl those. whO can ' gffordlhe journey.0:9fil

Hajj is fifth pillar of Islam obligatmy on those who can afford the' p_xpenses of the jnurney. It is a lcind ,of act of worship :"Ibadat j where a perSon eietts physically. apart-froth: riSpending . his Property in the way of Allah.lt is the only- worship for, whieq reornplete Surah(Siira• Han revealed:The- Manasilc.of H4jj not mentienect n ; the Holy :Qiiran rather it,mas explainOci and ysically,demenstratecl bythe Holy Prophet.“ t is reported from the holy Prophet to have been said that: )1 ,42)1-4— "learn the obligatory parts of

Hajj(Manasik) from me.' don,t know whether I will be able to perform Hajj after this or not".(Sahih Muslim,chapter. Hajj,Hadth No 310)

2-2. — There are many things about which we find no detail in the Holy Quran but explained in the Sunnah of the Holy Prophet like the rukaat of five times prayers, the percentage (Nasab)of Zakat on various items and the Manasik of Hajj.About these issues, we find no detail in the Holy Quran but proved by the acts and sayings of the Holy Prophet.A person cannot challenge the

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validity of prayers, Zakat and Hajj on the ground that the detail is not appeared in the Holy Quran.

23— The injunctions of Islam, a appeared in the Constitution means Quran and Sunnah of he Holy Prophet.The Sunnah cannot be separated from it.Thi has been held by the superior Courts of the country .The Holy Prophet had said: cay.1 4....e . cp-.61• 1 ;ci-L9 C.)15211 Lae ?5,slit-wz "I am leaving behind two things; you will not deviate from the right path so long as you followed these ti4 strictly. That is Quran and Sunnah of the Holy Prophet (pbuh).The duty of the Holy Prophet was not only to convey the Message of God but to explain,' expound and educate his followers. The Holy.-Qurari says that: crAjal,:cAircAl SIi.Cii:ivtirAn0;:iwe reVealed, to ines&age that you. ina)i Make ?Clear to: ihe *Ole what*a sea rthiWri.tO them (i6 It is alOL:appearecTth'ad] ui21 ,srp 4-1,11 L):. ;k241.) ;4484:3 4 :-3I ;41.1 -a _A t1 /1 *d. 1.3_;-1) "Certainly did Allah confer great favor upon the believers when he sent among them a Messenger from themselves reciting•to them his verses and purifying them and teaching them the book and wisdom.(3164)Quranic Commandments have been explained, expounded through Sunnah .but those who question the validity of Sunnah, raise ),/rious questions to fulfill their nefarious designs. .

2)1 The reply of question No.3 i in affirmative. Hazrat Ibrahim initiated this ritual by throwing pebbles at Sataniamaraat symbolizes Hazrat Ibrahim's throwing stones at Satan when he tried to dissuade him from sacrificing his son Ismail. The three . pillars at Mina are suppOeed to be the places WhekSatan tried to ,

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misguide Prophet Ibrahim three times into disobeying Allah.

:Since the petitioner has not Challenged any particular law or provision of law before '-this Court under ±o3-D of the Constitution rather obligatory i(y.,part l of Hajj has been questioned. The matter is not specific to any particular Islamic country rather relates to 2.08 billion Muslims of the world. This issue has never been controversial between the various schools of

thought and there has been consensus of opinion from the time of the Holy Prophet on its being obligatory part of Hajj. At this stage, it cannot be opened for discussion.

2-6- We may place the matter before the Court for appropriate order.

3A17-'

Dr. azal Elahi Qazi

SRA

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9 Sh. Misc.Application No. 1//I of 2016.

The detailed Research Note is at Paras 9-26/N. 33 • Tile petitioner through this petition has challenged the religious Rukum " RAMI " conventional condemination of Shatan ( throughing stone ball) by pilgrims ( Hajies ) being not religious link/connection with prayers that Federal Government to take steps to prevent the practice by pilgrims of Pakistan/general. The petitioner has mentioned the questions whether symbolically hitting the Satan with pebbles is an obligatory, Manasake-Hajj by Pilgrimes and performed by Holy Prophet IBRAHIM (P.B.U.H) OR any Holy Prophet of ALLAH ( P.B.U.T ) and also mentioned the Holy Verse Nos. .12,130,198 & 200 of Surali .No.2 (Al-l3aqrah ), '95& 97 of Surah No.3 ( Al-Imran ), 35 of Surah No.14( Ibrahim) 27 of Surah No.28 ( Al-Qasas ) and 67 of Surah No.29 ( Al-Ankabut ) of Holy Quran in favour of his plea. Th applicant wants' Quranic Rulings from this Hon. Court regarding prevalent Custom & convential followed by the many including citizen of Pakistan.

3 ti • It is submitted that this Court has jurisdiction U/A 203-D Constitution of the Islamic Republic of Pakistan, 1973 to examine and decide the question whether or not any law or provision of law is repugnant to the Injunction of Islam as laid down in the Holy Quran and the Sunnah of Holy Prophet ( P.BX.H). The petitioner has not challenged particularly any law or provision of law in his petition.

The matter is fixed on 8-11-2016 for appropriate 3r.

order before this Hon. Bench and notice has been sent to the petitioner.

Submitted for kind notice of Hon. Court please.

k ( Hafiz Muham f at Tullio ) Deputy Registrar ( S R)

Learne Ben Reader.

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ORDER SHEET

IN THE FEDERAL SHARIAT COURT

Shariat Misc.Application No.1/I of 2016 Shahid Orakzai Petitioner

VERSUS

Pakistan through Secretary Ministry of Religious Affairs, Hajj & Auciaf Islamabad

Respondents

PRAYER:-

Date of order of proceeding Order of Chief Justice/Judge

1.08.11.2016 Mr. Shahid Orakzai, petitioner present in person. Islamabad

Preliminary hearing.

- Arguments heard. Order is reserved.

MR. JUSTICE ALLAMA DR.FIDA MUHAMMAD KHAN

MR. JUSTICE SH JAM UL HASAN

MR. JUSTICE ZAHOOR AHMED SHAHWANI

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In The Federal Shariat Court frd&A, 4 Shariat Petition No. / Li /2106 Shahid Orakzai, House 105, St. 7, Chaklala Scheme III Rawalpindi Petitioner

Vs

Pakistan through Secretary Ministry of Religious Affairs, Hajj & Augaf Islamabad Respondent

A Shariat Petition challenging the conventional condemnation of Shaitan by pilgrims during the Hajj in utter contravention of the Holy Quran Questions of Quranic Law

Whether the conventional condemnation of Shaitan by the pilgrims, i.e.; by symbolically hitting him with pebbles, is an obligatory duty of the pilgrim under the Quran and Sunnah?

Whether the rite or act is included by the Quran in the Manasik-e-Hajj?

Whether Prpphet Ebrahem or any Prophet of Allah among his children did perform the rite?

FACTS

1.That, on 24-09-2015 (corresponding the 10th of Zil-Hajj, 1436 A.H.) more than 2,100 pilgrims were reportedly crushed to death near "Al-Mash'ar Al-Haraam", a short distance from "Al-Masjid AI-Haraam". , , / fi7 LL r I e b. sr I l .0

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By the Quran, the sanctified "Al-Mash'ar Al-Haraam" is chiefly reserved for believer's remorse and repentance in order to reaffirm his service/obedience to he Lord of a'aba. t". I • r .

fa, 3 pet No rite or ritual involving physical fatigue is ordained to be performed there on way back from Arafat.

2.The manmade disaster inside the "Haram" calls attention to the Second Rule of "AlrBait" (the Home of Allah). That very Rule was literally trampled upon

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rather crushed under the feet. A %AO ol. + re ,

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This Court shall take note that the Second Rule of Al- Bait is the First Fundamental 'Right guaranteed by the Constitution.

)t,t 417: c'44.1f The citizens of Pakistan killed in the stampede were exercising their Right of Freedom of Movement under Article 15 and the Right to profess religion under Article 20 but the two • rights culminated in utter violation of Article 9 which proclaims:

"No person shall be deprived of life or liberty save in accordance with law."

• This Court shall take note that the Duran does not require any Muslim to condemn the 'Satan' (Devil) by his muscle or by hitting him with stone or pebble. On the other hand, and in sharp conflict with the State Religion, the guide books officially provided to the intending pilgrims prescribe the swarming and risky exercise/drill as an essential, rather obligatory, religious ritual. That is absolutely false and baseless.

There is no such command, direction or advice addressed to the pilgrim in the Quran.

Hence, any person who insists to perform the superfluous act shall be counted by the Quran among Al'Sufahaa (senseless & naive). Ref. AlBaqara This Court, therefore, shall declare that the act performed by the reckless and ignorant pilgrims has no reliaious, spiritual or factual relation whatsoever, with Prophet Ebrahem, the Architect of Ka'aba and the Great Grand Father of Prophet Euseph and the Aal-e-Yacob. That declaration by the FSC is the basic objective of this Shariat Petition.

Ka'aba is the Home of Allah that ensures 'Amn' which means 'Security'.11The Alsufahaa shall not make it the House of Death & Danger.

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The petitioner, being Aal-e-Yacob, cannot be silent spectator to the brazen attempts by Alsufahaa, the typical/conventional pilgrims, to distort or ridicule the "Muqaam-e-Ebrahem". This Court shall, therefore, give a ruling whether the act in question is indeed an act of Prophet Ebrahem and represents his intellect and spirit?

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6.That "Muqaam-e-Ebrahem" is not an erected monument, i.e.; a larger-than-life footmark positioned close to Ka'aba. That is the awful misperception of the Alsufahaa.

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7."Muqaam-e-Ebrahem", in letter and spirit, means the Stand Point of Ebrahem which has been prescribed as the standard of obedience for all Muslipis.

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8.The primary purpose of the Hajj is to comprehend and appreciate "Muqaam-e-Ebrahem". Without it, no one can understand and follow "Millat-e-Ebrahim" ( that means the Practice of Ebrahem). The petitioner shall explain the Hajj, appropriately, in the words of the Quran and, in particular, the proclamation of Prophet Euseph.

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That, •at the same time, the Quran does not mention any specific rite or ritual that is to be followed as the Sunnah or practice of the Last Prophet, i.e.; one which he had originally initiated as such. Except the "Khutba" (Address) to the audience in Arafat the Last Prophet did not add/introduce anything new or novel to the given syllabus of Hajj as detailed in the Quran. Sura AlBaciara and Sura AlHajj

Thus the only way the Last Prophet could perform the act in question would be in his adherence to Millat-e- Ebrahem than purely by his own initiative. He surely did not have a cause of his own against the imaginary enemy fixed at Mina. There was no such target in Mina in his times. The fact is that no such act was ever willfully performed by the Last Prophet as a religious duty with a specific spiritual objective. Hence

attributing the same act to the Last Prophet is an affront to the Last Prophet as well. No one shall brand it as Sunnah.

11.This petitioner shall explain that none of his Great Fathers, in particular, Prophet Moosey, Prophet Daved and Prophet Sulemaan did throw any stone or pebble when they performed the Hajj of Ka'abai r Al2("eat:te-Setirtait cal c>ah.:

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12 In short, the tragic mass fatalities in Makkah have no religious cause or connection (whatsoever) with any act performed by Prophet Ebrahem and Prophet Muhammad. The Petitioner shall verbally clarify certain aspects of the impugned act summarized herein below.

The act of throwing the pebbles is neither a "Nasak" in the eyes of the Quran nor can it be a part of the "Manasik" of Hajj.

There is no direct reference to such an act or ritual in the Quran or any previous Book of Allah. •

That no Prophet before the Last Prophet, in particular, Prophet Mosay. and Prophet Daved, did throw any stone or pebble at any 'Satan' during their Hajj.

JURISDICTION

13.The act that caused mass fatalities was committed, as such, outside the territories of Pakistan. However, it is questioned under Article 203D1 as a prevalent custom and convention followed by many including citizens of Pakistan. The purpose is to obtain a Quranic ruling from this Court or, if need be, from the Supreme Appellate Bench of the Supreme Court under Article 203F. For the purpose of Jurisdiction, the act or custom in question

shall be read in the context of, and in accord with, Article 8.

The maintainability of this Shariat Petition shall be examined and decided by the Shariat Bench than any single officer of the Court. No officer is authorized to assign any legal meaning to any verse of the Quran quoted hereinabove.'

14.The Court may invite any Muslim scholar / Juris-consult from any part of the world to prove, exclusively by the words of the Quran, that the Last of the Prophets, as described by Article 260, did do anything of the sort or instructed his followers to do the same. NEVER.

Remedy Requested: Therefore, in view of above, the Federal Shariat Court may grant the following remedies;

Declare that the act of condemning Shaitan by pebbles called Ramme has absolutely no religious link or spiritual connection with Prophet Ebrahem and Prophet Muhammad, the Last of the Prophets.

Instruct the Federal Government to take steps to prevent the practice by the citizens of Pakistan as well as the pilgrims in general

Any, other remedy under the Constitution and the law when this petition is accepted with costs

Shahid Orakzai (In person) a 5: /7 - 2-. (T

List of books: 1. Al-Quran

2.The Constitution of the Islamic Republic of Pakistan Certificate: Certified that this is the first Petition on the subject in the Federal Shariat Court

2-Sr e 2-° (

In The Federal Shariat Court Shariat Petition No. /2105

Shahid Orakzai Vs Pakistan

AFFIDAVIT OF FACTS

Affidavit of Shahid Orakzai s/o Sardar Khan Orakzai House 105, St. 7, Chaklala Scheme III, Rawalpindi

I, Shahid Orakzai s/o Sardar Khan Orakzai, the above named deponent do hereby solemnly affirm and declare as under,

That the averments contained in the Shariat Petition are based on fact and truth and nothing but the truth and are correct to the best of my knowledge, information and opinion and that nothing is intentionally concealed from the Court.

Sworn on oath at Islamabad on Nov. 0, citzt , 2015.

Deponent

Ahove oi before in. on Who is Shahid Orakzai Mr Ce (In person) roan oPyi' • ;:

NIC: 37405-0314306-3 was t.wr C r,•

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Sr. No Khrin Kayani Advat rnyn Courts,' Oa h COMMISSii n

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*11 THE FEDERAL SHARIAT COURT FEDERAL SHARIAT COURT

(ORIGINAL JURISDICTION) CONSTITUTION AVENUE,

G-5/2, ISLAMABAD.

In Re: Regarding the conventional condemnation of Shaitan by pilgrims during the Haji in utter contravention of the Holy Quran.

SHARIAT MISC. APPLICATION NO.1/I OF 2016

( Shahid Orakzai Vs. Secretary Religious Affairs Flajj and Auqaf)

1.Mr. Shahid Orakzai House 105, St. 7, Chaklala Scheme-III Rawalpindi (Cell No.051-5592089, 0300-5328204).

Please take notice that the above cited Shariat Misc. Application is fixed for appropriate order before the Court on 26th day of January, 2016 (26.012016) at 9:00 a.m. or soon thereafter as may be convenient to the Court, in the Court House Federal Shariat Court Constitution Avenue, G-5/2, Islamabad.

Dated. Islamabad the tkr January, 2016.

c/ (Hafiz Muha fz 1 Tunio) kL6 Deputy Registrar (S & R) For Registrar

it THE FEDERAL SHARIAT COURT FEDERAL SHARIAT COURT. 7.0

(ORIGINAL JURISDICTION) CONSTITUTION AV NUE;

G-5/2, ISLAMABA

In Re: Regarding the conventional condemnation of Malian. pilgrims during the Flajj in utter contravention of -thêI.abfr: Quran.

SHARIAT MISC. APPLICATION NO.1/I OF 2016

( Shahid Orakzai Vs. Secretary Religious Affairs Hajj and Auqaf) /Mr. Shahid Orakzai House 105, St. 7, Chaklala Scheme-III Rawalpindi (Cell No.051-5592089, 0300-5328204).

Please take notice that the above cited Shariat Misc. Application is fixed for appropriate order before the Court on 26th day of January, 2016 (26.01.2016) at 9:00 a.m. or soon thereafter as may be convenient to the Court, in the Court House Federal Shariat Court Constitution Avenue, G-5/ 2, Islamabad.

Dated: Islamabad the 141k January, 2016.

(Hafiz Muha fz I Tunio) Deputy Registrar (S& R) For Registrar

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r pi'IN THE FEDERAL SHARIAT COURT FEDERAL SHARIAT COURT

(ORIGINAL JURISDICTION) CONSTITUTION AVENUE,

G-5/2, ISLAMABAD.

In Re: Regarding the conventional condemnation of Shaitan by pilgrims during the Hajj in utter contravention of the Holy Quran.

SHARIAT MISC. APPLICATION NO.1/I OF 2016

( Shahid Orakzai Vs. Secretary Religious Affairs Hajj and Auqaf)

2.Mr. Shahid Orakzai, House 105, St. 7, Chaklala Scheme-ill Rawalpindi (Cell No.051-5592089, 0300-5328204).

In continuation of this Courts notice dated: 16.01.2016, Please take notice that the above cited hariat Misc. Application is fixed for' appropriate order before the Court on 16-01-2016 has now been adjourned to a date in office.

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Dated: Islamabad the 2,3 January, 2016.

f (Hafiz IVIuhavadf 1 atit )F

Deputy Registrar (S & R) For Registrar

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IN THE FEDERAL SHARIAT COURT FEDERAL SHARIAT COURT

(ORIGINAL JURISDICTION) CONSTITUTION AVENUE,

G-5/2, ISLAMABAD.

In Re Regarding the conventional condemnation of Shaitan by pilgrims during the Hajj in utter contravention of the Holy Quran.

SHARIAT MISC. APPLICATION NO.1/I OF 2016

( Shahid Orakzai Vs. Secretary Religious Affairs Hajj and Auqaf) /. Mr. Shahid Orakzai, House 105, St. 7, Chaklala Scheme-HI Rawalpindi (Cell No.051-5592089, 0300-5328204).

In continuation of this Courts notice dated: 16:01.2016, Please take notice that the above cited Shariat Misc. Application is fixed for appropriate order before the Court oh 3.6-01-2016 has now been adjourned to a date in office.

Dated: Islamabad the 2,,3 January, 2016.

i(Hafiz Muha aufatilf ofre' Deputy Registrar (S & R) For Registrar

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IN THE FEDERAL SHARIAT COURT FEDERAL SHARIAT COURT

(ORIGINAL JURISDICTION) CONSTITUTION AVENUE,

G-S/2, ISLAMABAD.

In Re: Regarding the conventional condemnation of Shaitan by pilgrims during the Hajj in utter contravention of the Holy Quran.

SHARIAT MISC. APPLICATION NO.1/I OF 2016

( Shahid Orakzai Vs. Secretary Religious Affairs Hajj and Auqafj Mr. Shahid Orakzai, House 105, St. 7, Chaklala Scheme-III Rawalpindi (Cell No.051-5592089, 0300-5328204).

In continuation of this Courts notice dated: 23.01.2016, Please take notice that the above cited Shariat Misc. Application is fixed for appropriate order before the Coda on 8th day of November, 2016 (08.11.2016) at 9:00 a.m. or soon thereafter as may be convenient to the Court, in the Court House Federal Shariat Court Constitution Avenue, G-5/2, Islamabad.

Dated: Islamabad thea 0-October, 2016.

rTh , 076 (Hafiz Muham z Deputy Registrar (S & R) v For Registrar

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Co -1".0,

IN THE FEDERAL SHARIAT COURT FEDERAL SHARIA

(ORIGINAL JURISDICTION) CONSTITUTION AV

G-5/2, ISLAMABAD.

In Re: Regarding the conventional condemnation of Shaitan by pilgrims during the Hajj in utter contravention of the Holy Quran.

SHARIAT MISC. APPLICATION NOVI OF 2016

( Shahid Orakzai Vs. Secretary Religious Affairs Hajj and Auqaf) Mr. Shahid Orakzai, House 105, St. 7, Chaklala Scheme-III Rawalpindi (Cell No.051-5592089) 0300-5328204).

In continuation of this Courts notice dated: 23.01.2016, P ease take notice that the above cited Shariat Misc. Application is fixed for appropriate order before the Coiirt on 8th day of November, 2016 (08.11.2016) at 9:00 am. or soon thereafter as may be convenient to the Court, in the Court House Federal Shariat Court Constitution Avenue, G-5/2, Islamabad.

Dated: Islamabad theal gct- October, 2016.

(Hafiz MuhamfntcfllYziTuni a Deputy Registrar (S & R) For Registrar

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IN THE FEDERAL SHARIAT COURT FEDERAL SHARIAT COURT

(ORIGINAL JURISDICTION) CONSTITUTION AVENUE,

ik G-5/2, ISLAMABAD.

In Re: Regarding the conventional condemnation of Shaitan by pilgrims during the Ha" in utter contravention of the Holy Quran.

SHARIAT MISC. APPLICATION NOVI OF 2016

( Shahid Orakzai Vs. Secretary Religious Affairs Hajj and Auqaf) Mr. Shahid Orakzai, House 105, St. 7, Chaklala Scheme-III Rawalpindi (Cell No.051-5592089, 0300-5328204).

In continuation of this Court notice datedat .10.2016; please take notice that the above cited Shariat Petition is fixed for announcement of judgment before the Court on 18th day of November, 2016 (18-11-2016) at 9.00 am or soon thereafter as may be convenient to the Court in the Court House Federal Shariat Court Constitution Avenue, G- 5/2, Islamabad

Dated: Islamabad the 17th November, 2016.

ct)11102 n (Hafiz Muhanii5 Af al Tunio) Deputy Registrar (S & R) For Registrar

IN THE FEDERAL SHARIAT COURT FEDERAL SHARIAT COURT

(ORIGINAL JURISDICTION) CONSTITUTION AVENUE,

G-5/2, ISLAMABAD.

Ai In Re: Regarding the conventional condemnation of Shaitan by ç pilgrims during the Hail in utter contravention of the Holy' Quran.

SHARIAT MISC. APPLICATION NO.1/I OF 2016

( Shahid Orakzai Vs. Secretary Religious Affairs Hajj and Auqaf) Orakzai, House 105, St. 7, Chaklala Scheme-III Rawalpindi (Cell No.051-5592089, 0300-5328204).

In continuation of this Court notice datedat .10.2016; please take notice that the above cited Shariat Petition is fixed for announcement of judgment before the Court on 18th day of November, 2016 (18-11-2016) at 9.00 am or soon thereafter as may be convenient to the Court ih the Court House Federal Shariat Court Constitution Avenue, G- 5/2, Islamabad

Dated: IsiaMabad the 17th November, 2016.

U,

(Hafiz Muha ma Af al Tunio Deputy Registrar (S & R) For Registrar

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4 IN THE FEDERAL SHARIAT COURT FEDERAL SHARIAT COURT

(ORIGINAL JURISDICTION) CONSTITUTION AVENUE,

G-5/2, ISLAMABAD.

In Re: Regarding the conventional condemnation of Shaitan by pilgrims during the Hajj in utter contravention of the Holy Quran.

SHARIAT MISC. APPLICATION NO.1/I OF 2016

( Shahid Orakzai Vs. Secretary Religious Affairs Hajj and Auqaf) L“--PACS-hahid Orakzai, House 105, St. 7, Chaklala Scheme-III RawalOindi (Cell No.051-5592089, 0300-5328204).

In continuation of this Court notice datedai .10.2016; please take notice that the above cited Shariat Petition is fixed for announcement of judginent before the Court on 18th day of November, 2016 (18-11-2016) at 9.00 am or soon thereafter as may be convenient to the Court m the Court House Federal Shariat Court Constitution Avenue, G- 5/2, Islamabad

Dated: Islarbabad the 17th November, 2016.

tel (Hafiz Muha ma al Tunio Deputy Registrar (S & R) For Registrar .

IN THE FEDERAL SHARIAT COURT

(Original Jurisdiction)

PRESENT

MR. JUSTICE DR. ALLAMA FIDA MUHAMMAD KHAN

MR. JUSTICE SHEIKH NAJAM UL HASAN

MR. JUSTICE ZAHOOR AHMED SHAHWANI

SHARIAT MISC APPLICATION NO.1/I OF 2016

Shahid Orakzai.

House 105, Street No.7, Chaklala Scheme III, Rawalpindi.

Petitioner

Versus

Pakistan through Secretgry Ministry of Religious Affairs, Hajj & Auqaf, Islamabad

Respondent

Counsel for the Petitioner In person Date of Institution 02.01.2016 Date of hearing 08.11.2016

Date of decision ig .11.2016

Shariat Misc. A. No.1/I of 2016 b 2

JUDGMENT

ALLAMA DR. FIDA MUHAMMAD KHAN, Judge

By this Shariat Miscellaneous Application Shahid Oralczai, hereinafter called the petitioner, has ' challenged the conventional condemnation/stoning of Shaitan ' by the Pilgrims and has questioned whether this rite or act is included in the Manasik-e-Hajj by the Quran or whether Prophet Ebrahem or any Prophet of Allah from among his children did ever perform this rite.

2.The petitioner has cited Verses Nos. 125, 130,198 and 200 of Surah Al-Baqrah, Verse No. 67 of Surah Al-Ankaboot, Verse No. 35 of Surah Ebrahem, Verses Nos. 95 and 97 of Surah Aal-e- Emran, Verse No. 27 of Surah Al-l Qasus. Placing reliance on the same he has submitted that these Verses pertaining to Hajj do not make any

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mention of "stoning the Shaitan". He has prayed the Court to:- declare the act of condemning Shaitan by stoning, called `Rammi' (L5-0.)) as it has absolutely no religious link or spiritual connection with Prophet Ebrahem and Prophet Muhammad 4Ji3 44Ia Lola) ,

the Last of the Prophets;

Shariat Misc. A. No.1/I of 2016

instruct the Federal Government to take steps to prevent the said practice by the citizens of Pakistan as well as the pilgrims in general; and

any other remedy under the Constitution and the law when this petition is accepted with costs.

3.We have heard the petitioner in detail. The crux of his contentions can be summed up as follows:- rammi (L5-4J) liks no religious link with Hajj and is not mentioned in the Holy Quran or in any previous Book of Allah;

this has not been performed by any Prophet of Allah particularly the Prophet Ebrahem who is the architect of Ka'ba;

the guide book officially provided to the pilgrims is absolutely false and baseless. Therefore, the providers of this book may be declared as Sufahaa (senseless People); and since Ka'ba being a home of Allah ensures "Ann" (peace and security), therefore, the said "Sufahaa" may be prevented from making it a house of death and danger.

4.The petitioner contended that this custom has been causing lot of casualities and, in view of Article 5 as well as Article 9 of the Constitution, it is responsibility of the State to ensure security of its citizens anywhere in the World. According to the petitioner this custom has no link with performance of Hajj as it is not mentioned

Shariat Misc. A. No.1/I of 2016

anywhere in the Holy Qur'an or in any other former Book revealed by Allah to His Prophets.

5.Before discussing the instant petition, we deem it pertinent to mention that casting pebbles at the pillar/monument (Jamrah), symbolically considered as Shaitan, is unanimously held as a mandatory ((-1+ 1 j) part of Hajj by Muslim Jurist of all schools of thought. Anybody who fails to do so, personally or in case of women or disabled persons, by representation, has to offer an additional sacrifice as compensation (Jinayet) according to all the prominent Muslim Jurists. (Al-Fiqhal Islami wa Addilatuhu Vol. III p.236 and 245). Since this portion of the rituals as well as wearing of unstiched sheets for Ehram (eli l) and other necessary important details (which are not mentioned in the Holy Quran) are mentioned in the Sunnah of the Holy Prophet ( 4....94-113441= ) we would like to add that Sunnah is nothing else but in fact an elaboration/explanation of the Injunctions of Islam as revealed to the Holy Prophet ( eists 4JT3 44Ig'ai crt's, ) who was entrusted with the obligation of reciting the Holy Qur'an as well as teaching the Injunctions contained in the Holy Qur'an. It can be

Shariat Misc. A. No.1/I of 2016

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and We have sent to you this Revelation

(Reminder) so that you may explain distinctly to people what was sent down to them, so that they may reflect."

6.A bare reading of the above mentioned Verses reveals that the Messenger of Allah ( 449 4-1L9 ct' csko ) was not only the recipient of the Divine Revelation, contained in the Holy Quran, he was also its utmost authentic teacher, interpreter and expounder. The Sunnah (i.e. sayings, actions and tacit approval), in fact, represents the Holy Quran in practice. It embodies and radiates the perfect model (ra,sa cus,A) in both space and time. Hazrat Ayisha when asked about the conduct of the Holy Prophet ( . 4 ,La), rightly said "His entire life was a complete reflection of the Quranic Injunctions" The reason for this has been explained in the following Verses:- "He does not speak out of his (own) desire. His speech is nothing but outright Revelation, which is sent down to him". (53:3, 4)

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Shariat Misc. A. No.1/I of 2016

precautionary measures to save people from such unhappy accidents but the negligence, haste etc. by the pilgrims themselves result in so many unfortunate casualties at L'21,3 as well as at other sacred places while performing mandatory rituals.

We have anxiously considered the contents of the petition as well as contention raised by the petitioner. In this connection we may point out that this Court, being the creation of Constitution of Islamic Republic of Pakistan, can only perform its functions under the jurisdiction granted by the Constitution. The relevant Article dealing with the powers and functions of this Court is mentioned hereunder:-

"203D (1) The Court may, [either of its own motion or] on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant Lo the Injunctions of Islam, as laid down in the Holy Quran and the Sunnah of the Holy Prophet."

Obviously the petitioner has challenged no law or provision of law as required under the above provision.

Shariat Misc. A. No.1/I of 2016

11.The petitioner was reminded of the constitutional requirement but he could not persuade us to bring his petition under the ambit of constitutional provision which confers jurisdiction upon this Court.

12 In view of the above d this petition being mis-conceived is accordingly dismissed in limine.

JUSTICE ALLAMA DR. FIDA MUHAMMAD KHAN

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JUSTICE SHEI NAJAM UL HASAN

JUSTICE ZAHOOR AHMAD SHAHWANI

Announced in open Court on 11/144.6..at Islamabad Umar Draz/*

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