Mujibur. Rehman versus Federal Government of Pakistan

IN THE FEDERAL SHARIAT COURT

( Original JurisdiCtien )

Mr.Justice Fakhre Alam ChKel, A0Stice Mr.Justice Ch.Muhammad Siddique Mr.Justice Maulana Malik Ghulam Ali Mr.Justice Maulana Abdul Quddus Qasmi Shariat Petition No.17/1 of 1984 Mujibur. Rehman & Petitioners three others, Versus

Federal Government of Respondent Pakistan through Attorney General of Pakistan

Shariat Petition No.2/L of 1984.

Capt.(Retd) Abdul Wajid Petitioners and another:

Versus

Attorney General' of: Respondent Islamic Republic of Pakistan..

For the Petitioners Mr.Mujibur Rehman, (in S,P.No.17/I of 1984) Advocate (one of the Petitioners)

'For the Petitioners Capt.(Retd) Abdul (in.S.P.No.2/L of 1984) Wajid (one of the . Petitioners)

For. the Respondent Haji Shaikh Ghia6I Muhammad, Advocate, Mr.M.B. Zaman, Advocate and Dr. Syed Riazul Hasan Gillani, Advocate.

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Dates4hearing at 4 • 15.7.1984, 16.7.1984, Lahore. 17.7.1984, 18.7.1984,

Date of decision 12.8,1984

JUDGMENT:

FAKHRE ALAM, C.J. Ordinance No.XX Of 1984 called the Anti Islamic Activities of Quadiani Group, Lahort-I Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984, was promulgated in the Gazette of Pakistan (Extraordinhno?Issue, dated the 26th April, 1984. The Ordinance amended certain provisions of the Pakistan Penal Code (Act XLV of 1860), The Code of Criminal Procedure, 1898 (Act V of 1898) and the Press & Publications Ordinance, 1963.

2.The Quadianis who are followers . of Mirza Ghulam Ahmad of.Quadian (hereinafter to be called Mirza Sahib) are divided into two groups, both of whom are, however., called by the name of Ahmadis.

One group which is generally known as Quadiani group believes that Mirza Sahib was the promised Mehdi, the promised Messiah and a Prophet. The Lahori group says that he was a Mujaddid (revivalist), the Promised Mehdi and the promised MesSiah.

4.Two Petitions one by some members of the Quadiani group and another by two members of Lahori group bearing'Nos..17WL of 1984 and 2/L of 1984 were.filed to challenge the Vires

of the Ordinance viz-a-viz the Quran and the Sunnah of the Holy Prophet (P.B.H.).

5.The matter was heard in detail for more than four. weeks. Mr.Mujibur Rehman, one of the Petitioners in Shariat Petition No. 17/I of 1984 and Capt. (Retd) Abdul Wajid, one of the Petitioners_in Shariat Petition No.24 of 1984, argued the case on behalf of the Petitioners. Shaikh Ghia, Muhammad, Advocate and Dr. Riazul Hasan Gillani argued the matter on behalf of the Government. The following Juris-Consults and Ulema belonging to the different schools of thought were invited by the Court for rendering assistance to it on the issues involved in the matter and argued the matter in detail:-

(1)Qazi Mujibur Rahman

(2)Prof. Mahmud,Ahmad Ghazi (3)..,IMSTIAIiiaSadanrud,Din -Qv Al-Rifai Allama:Tajuddin:Haideri Prof ;Muhammad. Ashraf AllamaHMirzaMuhammad Yousuf Prof. Maulana-Tahir-ul-Qadri.

6.The Constitution .Of 1973 was amended by the Constitutionceecond,AmendmerrOAct, 1974 (Act XLIX of 1974) to amend Article 106 and Article 260 thereof. (Iclal.tstOwas . added to,Article 260 to declare..: those. persons as non-Muslims who do not believe in, the "absolute and un-qualified finality of Propheteper claims to be. a Prophet in any sense' of theword or of any description whatsoever, after Muhammad- (P.B.1) or recognises such a claimant as a Prophet or a Religious Reformer". Quadianis of

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the two groups are inter alia.covered by this definition and they were thus declared non-Muslims.

Article 106 dealt with, the constitution of Provincial Assemblies which specified the number of Members, to be-elected for the Assemblies, their' qualifications,and also the additional seats An those Assemblies reserved for non-Muslims, i.e. Christian Hindu( Sikh90 BudhistO and Parsis Communities. To these communities were added by the second Constitutional Amendment of 1974 "persons of the. Quadiani.Group. or the tahori Group (who call themselves Ahmadis)".

• Thus .ef feet' colTAfirete.0:6 kiven 4by declara- tion made. in •sub-Article 3 of Article 260 and Ahmadis. of either:persuasion were placed in juxtaposition with, other: minorities.

Despite thee provisions of the Constitution, .theAhmadis, persisted in calling themselves Muslims and their sfaith as Islam. They remained impetuously apathetic and insensitive to the perturbation of the Muslims of Pakistan. However, their violation of the above Constitutional provisions and of continu- ing to defile the epithets, descriptions and titles like Ummul Momineen (Mother of the . Muslims), Ahle-Bait (Members of the faMilYs the Holy Prophet .(P.B.H) Sahaaba (Companions) Khulafa-e-Rashideen (the rightful Caliphs) Ameerul Momineen, ,Khalifat-ul-Momineen, Khalifat-ul-Muslimeen (epithets used generally for the. Muslim Rulers1 and for the rightful Caliphs) which are exclusive for the Muslims and had cnever been used by the non-Muslims,

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C

for the wife, members of the family, companions and successors respectively of Mirza Sahib. For this reason use of derogatory remarks in respect of the Holy personages was made a criminal offence punishable under Section 298-A of the Pakistan Penal Cede (Act XLV of 1860) (recently added by Ordinance No. XLIV of 1980). The Section is as follows:-

298-A

"Use of derogatory remarks, etc. in respect of holy personages. Whoever by words, either spoken or written, or by visible representation or by any imputation, innuendo or insinuation, directly or indirectly, defiles the sacred name of any wife (Ummul Mumineen), or memberS,:of the family (Ahle-bait), of the Holy Prophet (peace be upon him), or any of the righteous Caliphs (Khulafa-e- Rashideen) or companions (Sahaaba) of the Holy Prophet (peace be upon him) shall be punished with imprisonment of either description for a term which may extend fo't three years,_ior with fine, or with both."

10.This Section was couched in general terms and was not made applicable to Ahmadis only. On account of the agitation of the Muslims over the persistence of the Ahmadis, the impugned Ordinance was promulgated. It added Section 298-B and 298-C to the Pakistan Penal Code (Act XLV of 1860) and made consequential amendments in the Code of Criminal Procedure, 1898 (Act V of 1898) and West Pakistan Press and Publications Ordinance, 1963. Sections 298-B and 298-C are as follows:-

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298-B

"Misuse of epithets, descrip- tions and titles, etc. reserved for certain holy personages or places.

(1)Any person of the Quadiani group .or the Lahori group (who call themselves 'AhmadisL or by any otherriWY.7_qh-,pty words (0I7eile7rnptiker ioC-afitten or by (v.r.qibierepresenha-holic refers to or .addresses, any person, otherYthan a Caliph or companion of the Holy Prophet Muhammad (peace be upon_him), as 'Ameerul Mumineen).,

Muslimeen', 7Sahaabit or 'Razi-Allah-Anho';

refers to, or addresses, any personother than a wife of thefl Holy Prophet Muhammad (peace.be , upon him), as 'Ummul- Mumineen';

refers to, or addresses, any person, other than a member of the family,(Ahlebait) of the Holy Prophet Muhammad (peace be upon him), as Ahle-bait; or refers to, or names, organs, his place of worship as 'Masjid';

shall be punished with imprisonment of. either description for a term which may extend to three years, and shall also be liable to fine.

Any person of the Quadiani group or Lahori group (who call themselves 'Ahmadis' or by any other name) who by words, either spoken or written, or by visible representation, refers to the mode or form of call to prayers followed

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by his faith as 'Azan', or recites Azan as used by the Muslims, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine".

298-C

A

flynerson$S. of Quadiani group etc. calling himself a Muslim or preaching or propagating his faith.- Any person of the Quadiani group or the Lahori group (who call themselves 'Ahmadis' or by any other name), who, directly or indirectly, poses himself as a Muslim, or calls, or refers to, his faith ,as Islam, or preaches or propagates his faith, or invites others to accept his faith, by words either spoken or written, or by visible represent'ations, or in any manner whatsoever outrages the religious feelings of Muslims, shall be punished with imprisonment of either description for a term which may extend to three. years and shall also be liabel to fine."

11.These Sections made it a criminal offence for an Ahmadi.-

to call or pose,himself directly or indirectly as a Muslim or refer to his faith as Islam;

to preach or propagate his faith or to invite others to accept 'his faith or in any manner whatsoever to out- rage the religious feelings of Muslims; to call people to prayer by reciting Azan or to refer to his mode or form to call to prayer as Azan;

to refer or call his place of worship as Masjid;

to refer any person other than a Caliph or companion of the Holy Prophet.Muhammad (P.B.H) as Ameerul Mumineen, Khalifat-ul-Mumineen, Khalifat-ul-Muslimeen, Sahaabi or Razi-Allah-Anho, any person other than '2or P/8

the wife of the Holy Prophet (P.B.H) as Ummul Mumineen and any person other than a member of the family of the Holy-Prophet (P.

- B.H) as Ahle-bait."

12.The main ground on hich these Petitions have been filed and which was argued from different angles is that the impugned Ordinance violates the Sharia and the Constitutional rights of the Ahmadis to profess, practise and preach or propagate their religion.

13.It is pertinent to note that despite the Constitutional provisions, the Petitioners in their arguments insisted upon calling them- selves Muslims and calling their faith as Islam and submitted that the Constitutional Amendment was not a declaration of 'their being non-Muslims by a.religious body but was the Act of the Ruling Party of that time. It was pointed out to the Petitioners that the Constitutional Amendment was unanimously passed by all parties and the Parliament had given this verdict almost in a judicial manner by hearing both sides including the headof the Ahmadia community.

14.Mr.Mujibur Rehman stated that since the Court . cannot decide against the Constitutional provisions .he •4)rould.not- like, to raise the question whether. .Quadianis are Muslims or 'non- Muslims.. He, however, persisted in emphasising that thecgwIdianisl(asisuchIare,dot. nattIVIOSPMSJoutehavetheen declared so by the IRtidar-e-A41a.

15., C.DIKvisitlian, clarified that if the Counsel for the Government, argued that the Quadianis are non-Muslims according to Shariah too he would' like.to refute that argument in detail.

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We enquired from Mr.Riazul Hasan Gillani, counsel for the Federal Government whether he would like to proceed only on the assumption that Quadianis have been Constitutionally declared non-Muslims or would like to argue the point of their status independently in the light of the Shariah. He opted in favour of the later propostion. On this Mr.Mujibur Rehman submitted that he would like to argue and elaborate the question of status of the Quadianis in the light of the Injunctions of the Quran and the Sunnah.

The arguments of Mr.Mujibur Rehman on the assumption of the Ahmadis being Muslims is an invitation to this Court to go into this question. The Court cannot thus avoid eLVitAits finding on this point. The point was fully argued and shall be dealt with in the judgment.

• The assertion in the written arguments filed at the end that the petitioners themselves did not wish to *Ise the question of their belief• is thus only partly correct. Before elaborating the points involved in this petition as well as the effects of different provisions of the impugned Ordinance, it would be pertinent to throw light on the Muslims concept of finality of the prophethood of Muhammad (P.B.H.),. which is the main theme of the differne#:between the Muslims and Ahmadifs and which was the base of Constitution5Vecond amendment)Act 1974 (Act XLIX of 1974) according to which the Ahmadis were declared non- Muslims. The Muslims of all scho-dls of thought believe in the absolute finality of the prophethodd

of Muhammad (P.B.H.) and consider2,.• it a/if:Article of their faith. • Thisunanimous belief is based on verse 33:40 of the Holy Quran. The said verse and its meaning, interpretations and explanations are reproduced as under:-

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41J I c, cnt .JIU.. j djil Muhammad is not the father of any man among you but he is the Messenger of Allah and the seal Of the Prophets and Allah is aware of all things. •

(Q: 33:40)

The word Khatam-un-Nabiyin has been the subject matter of interpretation from the very beginning: It was interpretted in the traditions of the Holy Prophet (P.B.H) as well as by the commentators of ,the Holy Quran, learned scholars and renowned jurists.It is established that this expression can be read as Khatim- un-Nabiyin. The word Khatim means one who finishes or . ends. There is no controversy oil the point that if the word is Khatim-un-Nabiyin it would mean one on whose Prophethood, the chain of Prophets terminates.

The word Khatam means seal and Khatam-un- Nabiyin means seal to Prophets. The well established meaning on which there has been a consensus is that the expression seal to Prophethood means last of the Prophets who seals Prophethood and after whom no Prophet can come, and the c*sation of advent of Prophets is absolute. This meaning was accepted by Mirza Sahib also (Izala-e-Auham, vol.2, page 511). However, after his claim to Prophethood he altered the meaning of the expression and interpretted it as the seal of Prophet Muhammad (P.B.H) for continuing the Prophets whose advent is destined later which means that the advent of Prophets is not a matter past and closed but is subject to the

condition that after Prophet Muhammad (P.B.H.) whoever arrives as a ProPhet bust bear the seal of Prophet Muhammad (P.B.H.) which means that he is a Prophet sent to this world under his seal of approval for rejuvenating his Sharia as laid down in the Quran and the Sunnah.

This interpretation, as will be clear from the above :j a departure from-the interpretation regarding the absolute:ceSsetion of Prophethood on which there had been a. consensus which is also. reflected in the earlier writings of Mirza Sahib.

In the 'above mentioned verse the word 'Khatam'., '(414.L.;-) has been. read-in. two mannerS i.e.Hwith. an 'a" after. IC' or 1:0 'after the same letter.- According to abneAmir' and Assim it is 'read'as'Thatam•C ) (With fatha • on

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the letter •,-t'ct= ). In that case it is- a noun meaning 'the..lastl.'As such:the:word 'Khatam-un- Nabiyin means', the last, of the Prophets. According to others It is read as ‘Khatim'-.(F1;..) with. .an.'1: after. 't‘ (kasra J:Lit undetthe lettet.'t ) Which makes it a subject:( isAi) meaning-'He. who. finishes'. As such Khatim-unNabiyin' 6,ere 1l e:6-) means he Who terminates' the (chain' of) Prophets i.e. the Prophethood ceases.. with. him (M4alimut Tanzil by Imam JiaghWi, Vol. 4; page 218).

In Lisanul Arab,. it is stated that 'Khatama r:6-) means'.. to finishes it is said, I, Omkr Allah:reSolve (finish) his affairs beneficiallyThe end of everything is.calledKhatam(-.)- and its plural is Khawatim which means the. ends,.

tTh

7-?u, Farra said that That= ( 1.-,4•*,) and Khatim j (( ,}) areYsynonymsTwith the only difference that gramatically the first is a noun ( ) and the second is an infinitive verbal noun. Khatam (• eL:-.) and Khatim ( )are the names of the Holy Prophet (P,&11,) as Allah says in verse 33:40 that he Is Rhatam-un-Nabiyin which means the last of tfie,- Prophets. Khatam ( also-means to prevent. It usually means,-the protection of a thing from mixing with otherthings: Khatarmeans seal too which_ means to prevent another thing from mixing with the sealed thing.. Khatam also means the ring. (Lisanul Arab; Vol. 18,,,pages 53,

According to A1,-Raghib Khatama ( ç ) and Tabaa ( ttb ) signify-the impressing a thing with the engraving of the signet and stamp; and the former is t/opically.used, sometimes, as meaning the securing oneself from a thing,. and protecting (oneself) from. it, In consideration, of protection by means of sealing :upon writings and doors: and sometimes as meaning the producing an impression, or effect; upon a thing frohianother thing; in Mu.

consideration of the impxesseroduced (by the signet); and sometimes it is:: as relating to 7-7)reaching the end.: (of. a,thing):(see Lane on Khatama ( Fs.).

44:4 ! (He sealed his heart) means he made Hhim to be such that he understood not, and such that nothing proceeded from or he made his heart, or mind to be such that it understood not (Lane EKhatama'

au I r:,_•;- (Allah. sealed their hearts) and ' “.6 4u I ttlo ' (Allah engraved.their hearts) point to what God has made to be usually the case. when-a man has ended - in. believing -what :j5 false. and-in committing - that which is forbidden,. so:that he. turns not his face to :the- truth; ti4S-7--,-occasioning as its result, hia .becoming 'insured to: the approval of acts of dis-obedience, so, that he is as though his habit. were. impressed. upon his 'hearty (see Al-Mufradat by RAghtb, Asphahani, 'page 143, see Lane on Khatama ).

cr.:1 1 means tc-teiphe on _Whost arriv .-the thaliWof) .vrophethood tame to an end, (Al-Mufradat by, Raghib Asphahani, pages 142-143).

In Tajul-Urus it is stated

H 4. ,6 4u J., "24-1 it 4.4"..t 44 I xas - iJ j.,ej Among the names of:the Holy Prophet (P,B.11.) are Khatam:( ) and Khatim ( ;s-) which

means that Prophdthood was put- to an end with his advent;: (Tajul Urns, Vol 4, page 18E.; Also see Majmaul Bihar, Vol. 8, page 194). ' Thus the dictionary meaning of the word Khatam (seal: id- I> ) or Khatim (one who put an end F. ) is the -same.

On this very basis,-all the lexicographers and commentators. have 'unanimously: taken Khatamrunr liabiyin to mean Akhir-un-Nabiyin (last of the Prophets). From the 'view_point of Arabic usage and lexicon, Khatam .does not imply the postal I.

Stakia I. Ahfch is. put et the 4.envel0ps for issue but-111Plies to the out Sealt on -ttle- envcaOpe : . so that . it. as secured, -SO ttat .what Is in it cannot tone g Wier it unless the seal is broken.

The Quranic verse 3340 has been similarly interpretted by all, the renowned commentators, Who also dealt with a moot question. There are some traditions about the second coming of Jesus near about resurrection. These .traditions have been held by some to be.weak being repugnant to the Holy Quran and the Sunnah but a large majority believes in their authenticity. In the view of the majority there is no repugnance between the Quran and these traditions since Jesus who was a Messengernof Allah and a Prophet had been commissioned as Prophet long before the, advent of the Holy Prophet.(T.B.H.) While theY. . verse refers to the advent of the new Prophet after Muhammad •(P.B;11,):, _But Jesus will appear in this world as a memberofthe'Muslim Ummah and a follower of Islamic :Sharia,: These authoritative interpretations and opinions may now be cited. Allama Ibn-eJarir Tabari (224- 310 A.H.) in his well-known _commentary of the Qurah, explained the meaning of this - verse thus: "He brOught -theProphethood to a close and sealed: it: Now this door will not open for'anyOnetill Resurrection". (Tafsir Ibn,e-Ilarir,, Vol. 22, page 12). Imam TahaviH(239-321 A.H.) writes in his -tAqidah'Salfial regarding the beliefs of therighteousi, especially of Imam Abu Hanifa, Imam Abu Yusuf and Imam Muhammad (may Allah:show mercy to all of them) in respect of-Prophethood, "And that Muhammad:(P.B..H;) Is .the chosen servant of Allah.; Prophet and favourite Apostle; and he is the last of the Prophets, the leader of'Jthe righteous, the chief of the Apostles, and beloved of the Lord of the worlds, (SharE7ut-Tahaviah Fil Aqidatis Salfia, Darrul,-Maarif, Egypt, pages 15, 87; 96, 100, 102).

Allama Ibn-e-Hazm Undlasi (384- 456 A.H.) writes: "Most certainly the transmission of the :revelation has ceased after the death of the Holy Prophet (PrIB.H.), the reason being that the revelation comes down to none but a Prophet, and Allah Himself has said: Muhammad is not - the father of any of yoUr men; butJte Is the Messenger of Allah and the last of the Prophets. (Al-Muhalla,,Vol;,I, page 26).

Imam Ghazzali (450-505 A,H,) says: - Thereis complete consensus among the Muslim Ummah that there is no Prophet after. the Holy.. Prophet MUMmffiad (P.S.11.). The whOle limmah is unanimous that the Holy Prophet (P.B,H.) by his words " T otnic:;) " meant nothing but this that after him there will neither be aTrophet nor an Apostle. Anyone who interprets, this tradition in any other way, goesioutside the pale of Islam;' his interpretation would be nonsensical and his writing heretical. BesideS, the Ummall_is also unanimous that there is no scope whatever for any other interpretation:than:thIS: the one who denies it, denied-the consensus of the Ummah.,(Aflgtisad-fil-rtiqad, Egypt, page 114).

Muhy-us-Sunnah Baghvi-(d,516 A.H.) writes. in his commentary Ma'alim-ut- Tanzil: "Allah closedthe Prophethood through the Holy Prophet (P.B.HJ: thus he is the last of the Prophets And Ibn-e-Abbassays that Allah_ Almighty dedreed (in this vers0 that him there would be no Prophet": agealim-ut- Tanzi4 Vol. 3, page 158).

(6)- Mama Zamakhshari (467-538 A.R.) writes in his commentary Al,Kastshaf "If you ask: How can the Holy Prophet (P.W.H.) be the last of the-Prophets

when there is the. belief that Prophet Jesus will come down during the last days before Resurrection? I shall say: The Holy Prophet (P.a.H-.) is the last of Prophets in the sense that no other person will be raised as a Prophet after him; As for Prophet Jesus, he is , one of those who had beenoOmmissioned as Prophet$ before-the advent of the Holy Prophet (P.R.E.)'. And When he comes again, he will come as a follower of the Sharia of Muhammad (P.L11.) and will offer the - prayer with. his face towards his Qiblah-(the 'Kebah) like any other member. of his Ummah7,. (Al-Kashshaf, Vol. 2, page 215),

(7)- Qazi Ayaz (d.544 A.H.)-writes: ?He who lays a claim to Prophethood for himself, or holds: that one can acquire it and can attain the 'rank of Prophet- hood through. the purification of the heart, as sometphilosophersYand so-called sufis assert;.,and'likewise he who 'does not claim to be a prophet bUt claims that he receives' revelation. all such people are disbelievers and deniers of the Holy, Prophet. (P.B.H,), for he informed us that he was the last of the Prophets and that no -Prophet: would come after him, Andythis news.was a communica- tion from Allah that he has closed the Trophethood and that he Has been sent to all mankind; and the'whole Ummah unanimous that these words have no other but the apparent meaning. There is no room for a different interpretation or special meaning. Therefore, there can be absolutely no doubt about such people's being unbelievers: (Kafir) both according to the consensus and the traditions". (Shifa, Vol. 2, .pageS 270-271).

(8)• - Imam Razi.(543-606 A.R.): explaining the verse of Khatam,un-Nabiyin says in his

Tafsir-e-Kabir: "In this context, the . reason for saying Khatam-un-Nabiyin is that if .a Prophet 1e succeeded by another Prophet belleiteves-.00 , mission of admonition and explanation of Injunctions somewhat incomplete and the one coming after him has to complete it. But the Prophet who is never.trnbe succeeded by another Prophet is by far more compa.-1“: ssionate to his people (Ummah) and provides for then explicit and complete guidance, for he is.. like a father who knows that after him his son has no guardian and patron to look after Hie: (Tafsir-e- Kabir, Vol. 6, page 581).

(9)Allana Shehkastani (d.548 A.R.) writes in his book Al-Milal-wan-Nihal: "And likewise the one who says that another Prophet (except for the Prophet Jesus) will be raised after the Holy Prophet:Muhanmad (P,R.R.) is a Kafir and there is no difference of opinion about this even between two men". (Al-Milal- wan-Nihal, Vol. 3,-page 249).

(10). Allama Zaidawi (d.685 A.H.) writes in his commentary Anwar-ut-Tanzil: "the Holy Prophet (P. ..R.). is the last of the Prophets, who closed their line; or through whom the line of the Prophets was sealed. And the Prophet Zeausis:second advent does not contradict the Holy Prophet's (P.B.R.) being the last Prophet', for when he comes, he will be a follower ....his Maria". (Anwar-ut-Tanzil; - VOL 4, page 164).

(11)Allana Rafiz ud-Din Nasafi (d.710 A.R.) writes in his commentary Madarik-ut- Tanzil "that the Holy Prophet (P.B.H.) is Khatam-un-Nabiyin, I.e. the last of the Prophets: After him no other person will be appointed a Prophet'.

As for the Prophet Jesus, he is one of those :who had been.. ppointed Prophets befdre him, and when he comes the second time, he Will come as a follower of the

Sharia of Muhammad (P.B..H..), and as a member of his Ummah.".'. .(Madarik-ut-Tanzil, Vol. 5, page 471.

(12)Allama Ala-ud,Din Baghdad& (d. 725 A.H.) writes in his ,commentary Thzin "WA Khatam-un-Nabiyin,. i.e. Allah closed the line of ProphethOod on the Holy Prophet Muhammad (P.13.- E.).: Now-there is neither any Prophethod after him.mor any association or partnership with him in this Allah has the knowledge.:thet there is no Prophet after him"(. (Lubabut Tawil fi Maanit Tanzil, Vo),. 5, pages 471,472),

Allama - Ibn-e-Kathir (d,774 A.H.) writes in his well-known commentary: "Thus, this verse, is. an express injunction in this regard that after the Holy Prophet there is no Prophet (.0.,;,) and when there is no Prophet after him, there can be no Messenger ( )ceither, for Messengership is spedific and ProphethOod general: every Messenger Is a Prophet but every Prophet is not a Messenger Anyone who lays a claim to this office after the Holy-Prophet (P.W.H.) is a liar and:imposter and deviater and - unbeliever, no matter?what- supernatural and magical spells and charms and sorcery he practises The same is the position of every such person Whodlays a claim to this office:till Resurrection". (Tafsir- Ibn-e-Kathir, Vol. 3, pages 493-494).

Allama Jalal,ud-Din Suyuti (d.911 &H.) writes in Jalalayn: " —Jst ail !I Allah has the knowledge of everything and knows that there is no Prophet after the Holy Prophet (P.a.11.); and when Prophet Jesus comes, down he will be a follower of the holy Prophet's (P.B.H,) Sharia. (Jalalayn, page 768).

•Allama Ibn,e-Nujaim (d.970 A.H,) writes in his book Al-Ashbah-wan-Nazair, "If a person disbelieves :that Muhammad (P.S.H.) is the lastof the Prophets, he is not a Muslim,-.for this is one of the fundamentals of the faith": (Al-Ashbah- wan-Nazair, page 179).

Mulla Ali Qari (d.1016 A.R.) writes in Sharh Fiqh Akbar: "There is complete consensus of the UmnahHon the point that layingclaim to prophethood-after the Holy Prophet Muhammad (P..LR.) is aufr (heresy)". (Sharh Fiqh Akbar; page 202).

Shaikh IsmailYHaqqi (.1137 A.H.) explaining the above. verse in his commentary Ruh-u1,-Bayani writes "Asim:read the word as KhAtam; Which:isthe sealing., instrument withswhidEthings are :sealed. It implies that the Holy Prophet (P.13:R.) came at the end and on him the line of the Prophets was cloSed and sealed Some people have read it as: Khatim,swhich means the one who puts a seal. ThUa, Khatim also is a synonym of Khatam .... Henceforth the saintly scholars of his_Ummah,will-bd:his successors in Walayat (spiritual eminence), since the succession 'to. Prophethood -has been brought to aoclose; And the second coming of the Prophet Jesus doeflot'affect the Holy Prophet's (P.B,11.) being the last of the Prophets; for Khatam-un-Nabiyin means that no other Prophet will be raised after him. And Jesus :has been raised as a Prophet before him.'. On his second coming he will come as a follower, of the Sharia of Muhammad a).B.HJ.: Re will -offer the prayer with his face towards his Qiblah, like any other man belonging to his UmmaE, He will be a Caliph of the Hely Prophet Muhammad

(P.S.H.).

And the followers of the Sunnah believe that there,is no Prophet after our Hely Prophet (P,13.11- ) for Allah has said:

ahmt

'"But he is the Messenger. of Allah and the last of the Prophets", and. the Holy Prophet (P.B.H.) has declared: "There is no Prophet after me". Now whoever says that there is a Prophet after our Holy Prophet (P.H.H.), will be declared a Kafir for he has denied a fundamental article Of the faith; likewise, the one who doubts it,:wilI also be declared a Kafir, for the Truth has- been made distinct from falsehbod. d the claim of the one Whirclaims to- be a Prophet after the Holy Prophet Muhammad (P,B.,11.) can be nothing-but ApPgs_t4t!, (RUE-ul,Bayan, Vol.22, page 188).

According to Fatawa Alamgiri, a compilation:of the:12ta century Hijrah, compiled by a board of eminent scholars under thejordera- of Aurangzeb fiklamgir' the Emperor. of India: "If a person 'dis- believes that Muhammad'CPfl.) is the last of the Prophets, he is not a Muslim; and if he claims that he taAllatC:s Messenger or Prophet he will be deClared a Kafir. (Fatawa Alamgiri“: Vol.,,. page 263).

Allama Shaukani (4,1255 A.H.)

Writes in his Tafair Fateh-ul-Qadir: "The majority of the scholars have read the Word as Khatim and Asim as Khatam, According to the first reading, it would mean this: The Holy Prophet (P:13.1L) closed the line of the Prophets, i.e. he came at the end of them, and according to the second reading: He was like a seal for them, with Which their line was sealed, and with whose inclusion their group was exalted. (Fateh-ul-Qadir, Vol, 4, page 275).

Allama Alusi (d.1270:A.H.) writes in his commentary RUE417Aaani: "The word Nabi (Prophet) is -general and Rasool (Messenger) specifid. Therefore, the Holy Prophet's (P.W.H.) being Khatam-un-Ndbiyin by itself requires that he should also be Khatam-ul-Mursalin; and his being the last of the Prophets and MessengerSimplies

that after his being blessed by Allah with the Prophethood in this world; the office of Prophethood for any Jinn or human being has been abolished", (Ruh-ul-Maani, Vol. 22, page 32). "Whoever after him tlaims to be the recipient of revelation of Prophethood will be declated a Kafir and there is no difference:of- opinion among the Muslims in this regard?. (Ruh-u1,-Maani, Vol. 22, page 3:8). The Holy Prophet's (P.ZJI.) being the last of the Prophets has been explicitly stated by the Book of Allah, 'clearly: enunciated by the Sunnah.and fully agreed upon by the entire Ummah*Therefore, Whoever claims something contrary- to it, will be declared a Kafir". (Ruh-ul-Maani, Vol; 22, page 39), The same view about the finality of Prophethood has also been taken- by the following Shia commentators:-

1.Ali bin IbrahinF(329-941 A,H.)Tafseet- al-Kummi, page 532; printed Najaf, :(Iraq).

ShAikhAhUlJalar:TiohamMadnbina-HASan bin-a4Ali,Tudie&460 AvH.Tafseer- ul-Tibyan; Vol. 8, page 314, printed Najaf (Iral).- Mulla Fatehullah Kashani (died 488 A,H.) TafseertManhaj,us-Sadicilin, Vol. 7, page :333, printed Najaf (Iraq). Abu Ali Fazal bine-Husain Tabrasi (died 548 A.L) Tafseer Majmaul Bayan, Vol. 2, page 289, printed -Najaf (Iraq). Mulla Mffisin Kashi:Tafseer-us-Safi, page-491, printed Najaf (Ira).

Hashim bin-e'Sulaiman bin-e-Ismall Husaini (died 1107 A.R.). Tafseer-ul- Burhan, Vol 3, page 327, printed Qum (Iran).

7:AllamaHusain Bakhsh:Anwarun Najaf, Vol. 11, page 211, printed Lahore.

8.Maulana Syed Ammar Ali: Tafseer Ihudatul Bayan, Vol.H12, printed -S4c1\1\1\14k

9, Maqbool Ahmad: Translation & Explanation of Holy Quran, page 507, printed Lahore.

10.Hafiz Farman. Ali: Translation & Explana- tion of Holy Quran, page 585.

Zamakhshari (467-538 A.H.) in Tafseer-i- Kashshaf, Qazi Baidawi(died . 685-A.H.) in Anwarul

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Tanzil, Imam Razi (543-606 A,H.) in Tafseer-i- Kabir, Vol. 3, page 343'Imam Nawawi (631-676 A.H.,) in Sharh-i-Muslim; Vol. 2, page 189, Sharh-i- Muslim,Vol. 18, page 75, Alauddin Baghdadi (d.725 A.1-1:;): in Tafseer-i-Khazin, page 4717472, Taftazaitli (722-192) in Sharh_Aqaid-i-Nassfi, page 1: Ibn-e- Hajar Asqalani (d, 449 A.H.) in Fatqh.-ul-Bari, Vol. 6, pages 315i 117, Badruddin.Aini (d. 855 A.H.) in Imdatul-Qari; Vol. 16, page 40, Qastalani (851-923 A.H,) in Irshad-ul,Sari, Vol. 6, page 18, Ibn7e-Haisami (909-973:A.H.) in Fatawa Hadisia, pages 128-129, SE, Abdul Haq Mohaddis Dehlvi (958- 1052 A;11.) in Ashat-ur-Lamaat Vol. 4, page 373, Zargani. (d. 1162 A.H.) in Sharh-Mawatif-111-Ladunnia, Vol. 3, page 116, favour the view that there is no repugnance between the Quran and the traditions about the second coming of Jesus, These elucidations, have, been made by the eminent Scholars;Jurists, Traditionists and Commentators of every Muslim country consistently in every age. A glance at their dates of birth and. death will show that they included eminent authorities in every century -of the history of Islam from the first to the 13th: century Hijra. The Holy Prophet (Pi3.1I.) elso confirmed these meaning of the 'last of the Prophetl, in many of His traditions, Some - of which are reproduced as under:.

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(1)The Holy Prophet (P.B.H.) said, "The children of Israel were guided by the Prophets. When a Prophet died, another succeeded him. However, there will be.no Prophet after me; there will be only Caliphs, (Bukhari:

Vs. Vol, 2, page 257, printed Darul Maarifah, Beruit, Labanon).

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fir. 141.; fia;i1 .` -ICLIS,rdAli Id la 5 U ml t jg1.5L0 (2) The Holy Prophet (PILH,) said, "My position in relation to the Prophets who come beforerme.can be understood by a parable: A person constructed a great building and deCorated and adorned it well, but in a corner he left niche or an empty space, fOr just one brick; The people went 'round the building and wondered at its beauty, but said: Why was not a brick laid here.? So, I am that brick and I am the last of the Prophets. (That is, with my advent the edifice of Prophethood has:been completed. Now there is no empty niche, which. may have to be filledjayariothetlIrophet)." (Bukhari: Kitab-ul-Manaqib, Vol, 2, page 270, printed Darul Maarifah, Beruit). Four traditions on the same subject have been reportedsin Muslim (Kitab-ul- Fadail) with:the following additional words - in the last Hadith:- " " "So, I came and I closed the chain of the Prophets". The - same tradition in these very words is found in Kitab-ul- Manaqib, ChApterl*W117unlNabi. In Musnad Abu Daud Tayalisi, this tradition is reported on the authority of

Jabir bin Abdullah, .and .its last “words are to the effect " 4.).A-01 (0 Through me the Prophethood was brought to a close.

In Musnad.Ahmad•Traditions on the subject.with-a slight difference in word- ing haVelieen reported. on the authority of Ubayy bin Katt), .AbuSa tid. Khudri and Abu Hureirah. •

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0)The Holy Prophet (P.B.H,) said: "I have been ,distinguished from the other Prophets in six matters. (i) I have been endowed with. eloquent speech, (ii) I am made- .awe insptring; (iii) Booty has been made lawful- for me, (iv) The whole earth has been made:a Mosque for me as well as a means of obtaining. purity., ev)• I have been apipointede Messenger for the entire world, , and (vi)'The - office of Pkophet ceasea-with. Volm2, page 249;

printed Darul Kutub, Beruit), Jut'

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.The Holy Prophet (P,B.H.,) said; "The line of Prophethood and Messengership has come to an end: After me there will neither be a Prophet. nor Messenger, (Tirmidhi, Vol. 2, page 53, printed H,M. Saeed Company; -Karachi).

l.:1, J..> I I; r1.-5 dt,is. all I 0.1-01 ti " 't L 1 .). .21....1 I LI ji.i.SJ I et: Le., L5iJl LrLJl " or; ..3-41 ,s iJ I yi kJ I l.:13 Lris L9.6 UI The Holy Prophet (p,Lx.) said: "I am Muhammad,: T am Ahmad, I am the eraserv.disbeiief will be erased through me, I am the assembler, the people will be assembled in the plain

of Resurrection behind me, and I am the last one after whom there is no Prophet. (Muslim, Vol. 2, page 261, printed Dehli). rJ 41J1 c)1?-1d.,J.c. 41J 1 4111 j›.-.) JU" 111 1.t.:kt-gt.s

(6)The Holy Prophet (P.B.H.) said: "Allah has sent no Prophet who did not warn his people of the coming of Dajj al (the antichrist, but he did not come in their times). Now I am the last of the Prophets and you are the last community. Now he shall appear among you". (Ibn-e- Majah, Vol. 2, page 178).

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Abdur Rehman bin Jubair says: I heatt Abdullah bin Amr bin Aas saying that the Holy Prophet (P.B.H.) one day came to us in a manner as though he was taking his leave. He said thrice: lam Muhammad (P.B.H.), the un-lettered Prophet, then said: and no Prophet will come after me". (Musnad Ahmad: Traditions from Abdullah bin Mar bin Aas).

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all I ji—.) ‘.1.1.)....t.t..1 l0 J. c.....1).“..11 DI a art, ". LaJ 1 leaL_J I JU,IaoJIL,JIJU The Holy Prophet (P.B.H,) said: "There is no Prophethood after me; there will only be harbingers of good news. He was asked, "who are the harbingers of good news, 0 Messenger of Allah"? He replied: "A true vision", or said "A righteous vision". (That is, there is no possibility of Divine Revelation now.

At the most a person may receive an inspiration, which will be in the form of a true vision). (Abu Daud, Vol. 2, page 316).

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The Holy Prophet (P,R.H.) said: "If a Prophet had to come.-after me, it would have been_ i Umar bin il-Khattab". (Tirmidhl, Vol._2, page 209, printed Saeed & Company, Karachi)._ ;1 ts_l_sJ .11“..." 41.1s. al I 01,0 41J I Lb...)J13 . art 0.t...11 d_:1 DI

The Holy Prophet (P.B.H.) said to Hadrat Ali: "You are to me as Aaron was to Moses, with the exception that there is no Prophet after- me". (Muslim, Vol: 2, page 278, printed Dehli). BUkhari and Muslim have related this tradition in connection with the Tabuk Expedition, Two traditions on this subject are related in Musnad Ahmed on the 4utherity of Sa'ad bin AM Waqqas, the last -sentenceof one of which is to the effect; "But there is no Prophethood after me".- The detailed traditions related in this connection by Abu Daud Tayalisi, Imam AhMad and Mohammad bin Ishaq show that on the eve of his departurebt the Tabuk Expedition the Holy Prophet (P,13,E.) had decided to leave 41adrat Ali behind for the defence and protection of Madina. The hypocrites thereupon Had an opportunity to pass discourteous remarks about him. He went to the Holy Prophet (P.B..II.)- and asked him: "0 Messenger of Allah, are you leaving me behind among the women and children"? On this occasion the Holy Prophet (P.B..11.) consoled him, saying:: "You are to me as Aaron was to Moses",

That is, just as Prophet Moses, on his departure for Mount Tur, had left Prophet Aaron behind to look after the children of Israel, so he was leaving him behind for the defence of Medina".; But apprehend- ing that Hadrat Ali's comparison with a Prophet might cause mischief later, the Holy Prophet (P.B.H.): immediately added the exception "there will be no Prophet after me".

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(11)It has been related by Thoban that the Holy Prophet (P.B.H.) said and that 30 imposters will appear in my community each one of whom will claim to be a Prophet, Whereas I am_the.last Prophet there is no Prophet after me?. (Abu Daud, Vol. 2, page 202). AbU Daudrelated another tradition onythisTsubject in Kitab-al- Malahim on the authority of Abu. Hurairah. Tirmidhi also related these tWo traditions on the•same authority and that of Thauht. ( The - second tradition:is to the effect: "So much so that:about 30 imposters will arise, each of whom will deli to be a Messenger of Allah".

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(12)The Holy Prophet (P.B.H.) said: "There have been before you among the children of Israel people, who were spoken to (by. God) though they were not Prophets. If there be such a one . in my Ummah“lej4 be Umar". (Bukheri,:Kitab alManaqib, Vol: 2, page 282, printed Darul Maarifah, Beruit).

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A tradition on this subject reported in Muslin has the word Muhaddath ( instead of yukallamun ( 41 ) but both mean the persons who are spoken to by God, or are spoken to by the unseen.

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(13)The Holy. Prophet (ThBar.) said: "There is no Prophet after me, and there is no Ummaft (of any other Prophet) after Ummah". (Baihaqi, Vol. 5, page 197). cuIJi ,u 4,6 dIJ I 01-0 " " I oI , 0.4) The Holy Prophet (P.B.H.) said: "I am the last Prophet and my Mosque is the.last Mosque (of a Prophet) (i.e. the Prophet's Mosque of Madina)". (Muslim: Kitab al-Hajj, page 202).

6 41-11 Ls-•-j I LI)1 -al* Cr: L.;"1-..t Oa- " :It is related from Irbas bin- Saria that the Holy Prophet (P,B.H.) said: "I was the last of the Prophets when Adam had not yet been born". (Mustadrak of Hakim, Vol. 2, page 418, printed at HyderOad , DeCcari) 'f - jc

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It is related that Hazrat All addressing the Holy Prophet (P.B.H.) said: "0 Messenger of Allah, your death stopped the thing which was not stopped by the death of anyone else that is Prophethood, revelation from Allah and other prophetic informations". (Nahjul Balaghah, Vo. 2, page 255, printed at Egypt).

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(17)It is related that Abu Jafar and Abu Abdullah .said "Indeed Allah finished the divine books with your book (Holy Quran) and terminated (the line of) Prophets with your Prophet (Muhammad P.B.H. (Usul-e-Kafi, Vol.., 1, page 103, printed Nol •Kishwar).

Theie traditions;have been reported by a large number of. the companions and related by cymanritraditionists With many strong chains of authorities-...A study of these shows that the:Holy-Prophet (P.B.H-.) had on different occasions in different ways and in different.wordnffirmed that he was the last of the Prophets, that no Prophet: would come after him, that Prophethood had been finalised in him, and that the peOple.who claimed to be Messengers and Prophets-after him would.be Imposters. There can be no more authentic, reliable and conclusive:explanations of the Quranic word Khatam-un-Nabiyin than this. The Holy Prophet's (P.W.H.;) statement by itself is authoritative And decisive but when it explains:a text of the Quran,. it becomes all the more authenticated and conclusive. The question is; who can be better qualified to understand and explain the Quran than the TblrProphet (P.B.H,) himself?'Thus,:-.If'A person gives a different meaning to. Khatam-e-g\lubuwwat (Finality of Prophethood).how can he be held worthy of any : attention or considera- tion, much:less-worthy of being believed in and followed.

This is an established principle but I may cite from Al-Iman by Ibn-e- Taimiya.

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"And it must be Understood that when the Holy Prophet (PJLIL) relates any meaning or explanation of the words of the Quran and the Sunnah,no weight:will be given to the dictionary meaning or any other meaning and explanation".. (Al-Tman by Ibn-e-Taimiya, page 271).

The finality of Prophethood is'a fundamental of Islam. .Allama Ibn, e-Nujaimwroce Al-Ashbah wal Nazair, Kitab-ul-Sier; Babui Riddah_ page 179) that a person who does not acknowledge the belief in the finality of_Prophethoodis not a Muslim since it is• a fundamental of faith which must be :known and acknowledged:.

The opinions:of AlehazIli• (450*505 A.H.) Qadi Ayaz (d. 544 A.H.-}'Allama Shehrastani (d. 548 A.H.Y::Ibn-e-Kathit-(d. 774 A.H:.); Mulla Ali Qari (d. 1016 A.H,), 5 heikh'jsmail Haqqi (d. 1137 A.H.), Shaukani-(dfl 1255 A:11,): and the vieT,Cin Fatawa Alamgiri that one-who does not believe in the finality of.propbethbod or claims to be a Prophet- or,follows such;a personis an unbeliever not within the.. )ale: of IslauLhaveHalready been noticed. The verdict of:ImamAbu Haneefa IscalSoTreproduced below A man In the time of Imam Abu Haneefa (80-150 A.M.):claimed to be a Prophet and said, • "Allow me to present:Troofs of my Prophethood". The Imam ruled: '.'Anyone Who demands a proof of Prophethood:;fromhim will also turn an 'unbeliever, for the Messenger of Allah said: "There is no

Prophet after me". (Manaqib-ul-Imam al-Azam Abi Haneefa, Ibn-e-Ahmad al-Makki, Vol.1, page 161, Hyderabad).

There is no doubt that acperson who falsifies a clear and general verse of the Holy Quran by resort to its Taaweel and particularisation is as good as one who denies the verse itself. The belief in the absolute finality of Prophethood of Muhammad (P.B.H) is an article of faith of the Muslims and a fundamental of the religion. These verdicts of the renowned scholars giveil: the correct Sharia position about inter alia the claimant to prophethood as well as his followers.

In our view the verse about khatam-un- Nabiyyin clipcbesthe issue that all claimants of prophethood after the Holy Prophet will be false Prophets.

It may also be described here that

some people have objected to; the finality of the Holy Prophet (P.B.H.) •and have stated that the meaning of Khatam is not the last but it is like calfing a person Illatamush-shu'ara or Khatam-ul-Mufassirin. These terms/ C

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do not mean that after such

a person, no other Poet, or Jurist, or Commentator would be born, but it means that this particular branch of knowledge was exhausted with that person. But this is a fallacious argument. The use of such a title as an exaggeration does not mean Khatam is usable for "perfect and excellent", and not for "last and final". There is no such rule that the use of a word sometimes in a figurative sense shall deprive that word of its real meaning. If somebody were to say 0 .91;t;- .11.1-5"before an Arab, he shall never understand it to mean that the most perfect man of the tribe had come, but shall understand it to mean that the last man of the tribe came. One should also note that the titles of Khatam- ush-shu'ara, Khatam-ul-Fuqaha, etc. given to some people, were given by human beings, and no human being can ever know that after the person whom he is calling Khatam for some quality, no other person of the same quality would be born. That is the reason why in human language, these titles are no more than exaggerated recognition of excellence. But when Allah says that such and such a quality has terminated on and finalised in a particular person, there is no reason why we should understand it in any metaphorical sense, particularly when there is no ambiguity in the language. Therefore, Allah's calling someone Khatam-un-Nabiyin and the man's exaggeratedly calling someone Khatam-ush-shu'ara or Ehatam-ul-fuqaha, etc. cannot be regarded at the same level. An argument against the absolute finality is based on the tradition that his Mosque is the last mosque. It is argued that it is not the last mosque, because countless of other Mosques have been built after it in the world. These words last mosque were used in the sense of excellence and perfection. The argument is fallacious. The last masjid means the Prophets' last masjid or the masjid having some special qualities as compared to other mosques. The tradition related by Imam Muslim in this connection on the authority of Hadrat

Abu Hurairah, Hadrat Abdullah bin Umar and Hadrat Maimunah (wife of the Prophet (P.B.H.) are explicit that there •are three such Mosques in the world, which are superior to all other Mosques in the sense that offering the prayer in them carries a thousand times greater spiritual rewardthan_offering it in other Mosques; They are Masjid-ul-Haram in Makkah, Masjid-al,-Aqsain Jerusalem (Baitul-Maqdas) and Masjid-i-Nabawi in Madinah, For this reason it is permissible to undertake a journey for the purpose of offering the prayer in these three Mosques.ThiiSfiaMethirOf*his not advisable for any other Mosque. The merits and spiritual reward for all other Mosques whether far or near is equal. What the Holy Prophet (P.B.H.) meant was this: Since no other Prophet would.tomeefter him ,., no fourth Mosque would be built• in 'the World offeting the prayer in which- might tarry greater reward than offering the same. 'in other Mosques and making of journey- to which especially for the purpose of offering the prayer'in it might be lawful. A saying of- Hadrat Aishahja cited against .the principle ofebsolutelinality of Prophethodd. It is to the effect: Do say that the Holy Prophet (P.a.H.) is the Khatam-ul- Nabiyin (last Of the Prophets) but do not say that that no Prophet will come after him. In the first place to cite a saying of Hadrat - Aishah as against the authentic statements of the Holy Prophet (P.B.H.). that"there will be ht no Prophet after me“is highly derogatory, )3esides, the tradition ascribed to Hadrat Aishah.

is itself not authentic. No traditionist worthy of any mention has related it in any reliable collection. It is only traced to Durrul Mansur, a commentary of the Quran and Takilah Majma ul Bihar, a dictionary of Hadith but without any reference to its chain of transmitters. It is unreliable and no scholar of renown ever relied on it.

Another Hadith which requires consideration is reported in Ibn-e-Majah on the authority of Ibn-e-Abbas that the Holy Prophet (P.B.H) said in connection with his son Ibrahim that if he had lived he would have been truthful Prophet r-rein I cits lat

This Hadith was held to be false and incorrect by Imam Nawawi as stated in Al-Mauzuat-ul- Khabir page 58. One of the persons in the chain of transmitters is Abu Shaaba who is not reliable, Imam Tirmizi said that he was not reliable in Hadith. Imam Nasai described him as weak in Hadith. Imam Ahmad said about hihkthat no weight cani be given to what he said. Imam Abu Hatim called him un-reliable in Hadith (Tahzibul Tah,tib, vol. I, pages 144-145).

After the description of the Muslim concept of finality of the Prophethood of Muhammad (P.B.H),, it would be appropriate to refer to the history and evolution of the claim of Mirza Sahib •to prophethood.

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Mirza Sahib was born in 1839 or 1840 in village Quadian, District Gurdaspur in that part of the Punjab which is now included in India. This is according to the writings of Mirza Sahib but a controversy later raged in regard to his year of birth among the members of his family. According to the first thesis of Mirza Bashir Ahmad, his son, author of Seerat- i-Mehdi, and his biographer, the year of birth could be 1836 or 1837. Seerat-i- Mehdi, Volume-2, page 150. On reconsideration he fixed the date of birth as 13th February, 1835. (Seerat-i-Mehdi, Volume-3, page 76). According to one calculation the year of birth could be 1831 (Ibid, page 74). (Meraj Din fixed the date as 7th February, 1832 (Ibid, page 302). Others take the year of birth to 1833 or 1834 (Ibid, page 194).

The reason for these discrepant views of Mirza Bashir Ahmad and others who believed Mirza Sahib to be a Prophet who was imparted divine knowle4e# by God (and consequently seuld ko not have made a mistake about his year of birth) is not far'hq- be,seen Mirza Sahib was about sixty nine years old at the time of his death (born 1839 and died 1908). Nemat Ullah Wali, a saint of the sixth century Hijrah who is said to have predicted the future events among the Muslims in a continuous poem is said to have written in .scrft

that poem some predictions about the coming of someone at the end of the thirteenth century and the beginning of the fbUrteenth century who would revive Sharia. Mirza Sahib applied that poefil to himself. In one couplet it was predicted that that person would remain alive for forty, iears from the death of his advent i. e_taking over of the mantle of appointment as the chosen of the Lord. Mirza Sahib while commenting' upon the meaning of the couplet wrote that he was appointed as such at the age of forty and he will live till the age of eighty years or nearabout. (Nishan -e- Aasmani, page 15).

He then claimed to have a divine revelation SjL. LL44iiir Ji -61 "

(Allah give iou long life-eighty-four or five years more or four or five years less). Thus according to this revelation he had to die any time between •the age of seventy-five years or 3 eighty-five years. The attempt to prove him more aged and to bring his life span closer to seventy-five years is directed towards proving the accuracy of the prediction and the revelation.

The anxiety to establish the fulfilment of prophecy is revealed by a letter of Molvi

Abdul Rahim Dard M.A a preacher of Qadianism who wrote a letter to Mirza Bashir Ahmad, compiler of Seerat-i-Mehdi commend- ing his research in respect of age of Mirza Sahib. He exhorted him to resolve thts matter finally so that the •year of birth 13“e fixed between 1836 and 18):After referrring to the revelations of eighty or nearabOut reproduced in Arbain 3, page 36, Tohfa-i-Golarwia, page 29, Izala-i-Auham pages 634 to 618 he wrote:

"The meaning of these revelations were stated by Mira. Sahib As follows:- e-apparant_wor Srlo L.the promise in the revelation fix the age between seventy four and eighty six."

It either according to Hijra or the Gregarian Calender the age is proved within this, the revelation would be fulfilled. There can be no objection if the birth is proved between 1836 and 1822". '(Seerat-i-Mehdi, Vol.3 pages 187, 188, No.763).

The same reason is disclosed at page 76 of Seerat-i-Mehdi, Vol.3.

After fixing the date of birth as 13th February, 1835 Mirza Bashir Ahmad calculated the age of Mirza Sahib according to the Hijra Calendar as more than seventy five years.

Mirza Sahib was born in a family of landlords Which though prosperous and affluent" in the past was practically reduced to straitened circumstances at the time of his birth_ In 1857 his father Ghulath Murtaza had shown his loyalty to the East India Company and had Supplied fifty horses and fifty recruits to the British Army to help them in crushing the fighters of the war of Independence Who were dialled traitors by that Government. In exchange he was held in some esteem by the Government:. The tendency to eulogise the British Government was, therefore, ingrained in Mirza Sahib roM His :boy-hOod and continued till death, He mentions and repeats his father's loyalty to the British Government and his being honoured with.a seat in the Governor's Tiarbar,withexcesSive pride, in his various books'and pamphlets:,'Healso Mentions his own unflinching loyalty to that Government in his writings, Miria Sahib ..had Same 'religiOuS education from Some teachers, BeCause of the financial position:Of the family he had to join servtee as a clerk in the court's at Sialkot on a meagre salary of RS 15/ per manth,'This:ventUre lasted from 1864 to 1868 when he reSigned- AroM service and became buSyHin- the faMitY:litigation for the restoration of the family property and in the study of the religious literature; His father died When he was about thirty-five years old (Kitab7U1c,Bariyyah: pages 146 to 149). At the end of the seventies of.. the last 'century he began writing some articles against"christianity,

Arya Samaj and the Brahmo'SamaL He also had disputations and debates with the scholars and followers of those religions. He was thus - introduced to the Ulema and the Muslim intelli- gensia and gained some popularity amongst them.

In 18'79 he advertised through a pamphlet his intentioao write a book containing three hundred arguments in support of the superiority . of Islam. over christianity and Hinduism. He exhorted the Muslims to send their subscriptions and contributions or price of the book in advance since he had no money to publiSh, the same. He wrote in Haqiqat-u1-Wahi, page 337 that when he wrote his first book' Baraheen-17AhMadiyya he had no money to get it printed.. He then prayed to Allah,mid alleged to haVing• Ilham (inspiration) on which he wrote letters and received money from different sources.

The book was first priced at Rs 25/,for others and Rs 10/, lot Muslims (SSe Baraheen47 Ahmadiyya; Vol. 3, 1970 - Ed-. on the back of the title page). After the publication of: the first two volumes -it was priced at Rs 100/- for others and Rs 10/ or Rs 15/., for Muslims: (See ibid, - page 67),

Quite a number• of persons paid the price in advance but only four volumes of the book could be published in four years upto 1884. The fifth was published in 1905.During the period of more than two dedades between the publication of the fourth and the fifth volumes Mina Sahib wrote about eighty books but he could not complete the fifth volume despite protests from the contributors of the price of complete book and

hostile criticism by many (ibid, Vol. 5, page 1). The first volume of the book consisted of 82 pages only (Which in the edition of 1970 is condensed in 25 pages only). 'It was published in 1880 and consisted of preliminaries about the need of the book,' list of contributors, some poems and a pamphlet promising award of a prize of Rs 10,000/--to one who refuted even one-fifth of the arguments throUgh'the*divinely inspired books of theinieligion. The second volume consisting of fifty-five pages (new edition 40 pages) of preface only was'also published in 1880. The third volume of 143 pagesy(new edition of 100 pages) was publiabed'in 1882. The fourth volume was printed in 1884 and consisted of 282 pages (new edition 191 pages) (See Seerat- i ul—Mehdi, Vol. 2, page.151 for dates of publication). It appears from the fifth 'volume of the book (page 1) that Mirza Sahib had originally intended to publish the book in fifty volumes and advance price of the book hid been received from many contribUtors. But he 'declared that his promise was fulfilled with the publication of the fifth volume since there was difference of a zero only between the figures 5 and 50. Despite the favourable reaction of the Muslims to the pamphlets advertising the book long before its publication Mirza Sahib left no opportunity of complaining against the rich among them an4 blaming them for indifference. Only two instances of contributions may be reproduced, A sum of five thousand rupee's, Which was equal to an amount of several hundred thousands of the present age was contributed by one person alone At4"

and another sum of five hundred rupees was sent in two instalments by another gentlemen (See the publisher's note, Baraheen-i-Ahmadiyya, Vol. 1, page 5 to the 1970 edition).

MirZa. Sahib claimed that he.had more than three hundred thousands revelations Out of which fifty thouSand related to money matters, i.e. Whether and. when the money would be received. This claim would indicate that money matters were upper- most in his mind.

The main theme. in Barehedri-i-Ahmadiyya in whith three hundred arguments were promised, is that of divine inepirations or revelations which according to Mirza Sahib continue in the followers of the holy prophet who qualify for it. The purpose with which the book was promised to be printed may have been served or- not but the purpose which may have only been intended but not promised was served abundantli...The pre4 dominating thethe in':volumes thred'and four are the alleged revelations. of Mirza Sahib and the theories which laid the foundation of his future claims of being a promised Messiah, promised Mehdi and a prophet. The foundational claim of Mamoor-un-Minallah (an appointee from God) was, however; made inithe third volume Of the book Seerat-U1-Mehdt, Vol.'2, page 151.An the fourth volume he claimed:to have received the sign of Mujaddidiyat (revivalism) (See 'pagee '502 and 503 of Baraheen llayat-i:-Tayyeba by Abdul qadir, page 69; Also see Seetat-i,Mehdi-, Vol, 2, page 151). The real purpose 'of the publication of the book at public expense proVed to be the propagation of self, the advertisement of his

, alleged revelationaand the publication of his theories which would ultimately help him in 1,LJ making a claim to prophethood. In order to establish- the last point a few extracts are given from Baraheen-i-Ahmadiyya.

Ilham is a measure of information about hidden affairs, God always creates such men in the Muhammadan Community who believe in the Holy Quran, and act upon its Injunctions t'ruthfullY and sincerely and consider the Holy Prophet (P.B.H.) as the .true: and Perfect Prophet of God, more venerable and prominent than other Prophets, the last of the Prophets and his guide leader, (page 215).

r. It 'is different from the prophetic revelation which has ended but the above inspiratiorLshall'nOt terminate. This type bf inspiration is a great proof of the prophetic revelation-(page 215). The word Ilhem cannot be limited to its dictionary meaning. There is concensus among- the Hlema that Ilham is equivalent to Wahl (page 221).

There is a dis-Pute -of words amongst us and the'Ulema that Whatever divine information We cell Wahl,is called Ilham by the Ulema (page 222).

If Ulema:dre not given the share of hidden knoWledge hoW can they be the inheritors of the knowledge of the Prophet, - Did not the - Holy Prophet (17J37 K.) say that there will be Moheddas (one who is in communication'with God) in this UmmahH(page 231).

The deviation from the right path, the extreme mischief of the 'age the craftiness; knavery of those Who deny the extreme inattention of the indolent and the negligent, the severity in heresy

of the opponentsidethands that the inspired knowledge of such persons should be like that of Messengers (j 1“ )). Thepe are the people who have been named :Amsal (61%1) in Hadis and Siddiq in Quran (page 233). The time of their manifestation or appearance resembles the time of appearance of the Prophets:. The advent of both is dependant on the extreme severity of deviatiOn from the path of righteousness; and indolence (page 233),

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01 ,,FAhmadl Allah:bless you You are the first Viceregent of Allah , ' with His orderiwthis age.

And tell that the truth, has come and falsehOod has vanished.

Say thou: If I am liar', on me then be my guilt. He is who has Sent his messenger with the guidance and the true religion that he may make it prevail over all religions (page 239).

01 AhMadl Allah has overflowed his mercy upon your lips. May Allah. 'raise for you your renown, 01 thou enveloped, arise and warn and magnify your Lord (page 242). I shall raise you upto me and I flOw on You my love (page 242).

(17))At this juncture there: should be no . -anch doubt:- How an ordinary person in AiheY)Ummeh of the:Holy Prophet (P.B.H.) can be associated with the names, qualities and excellences.. It is undoubtedly correct that even a Prophet cannot be an equal partner in ,his pure perfections., the angels can also not boast- of such equality. How can any other person have any relation with the perfections of the Prophet (P.B.11). But 0 seekers after truth listen to this attentively for this reason that the blessings of the Holy Prophet (PB' . ,H.) be Manifest and till eternity the perfect rays of his light and acceptance may silence the opponents. God has made this arrangemenyith:hia*perfect wisdom and mercy that some persans:from the Ummah of the' Prophet (P,B...H.,) who follow the prophet (13:fl,)H most humbly and submissively - • may-manifest the blessings of the HolTPrOphet (P.B.H.) through:their:insignifiCant-existence, Whatever praise-Is levelled on them from Allah or whatever signs and bounties become manifest :from thent;:. the subject of allHthose praises and the petson...fraryhOM thdse-blessings emanate is.the Hal* Prophet (P:B.H.). But on account of his being the follower of the Sunneh of the Proiihet that resplendent peraon who is: the excellent second- of the ProphetA cft je-A r ) stays like shadow (di). For this reason whatever Allah's light or splendour appears in that Holy. personage aISO menifests itself in his Zil (Shadow)'. Appearance of that condition and behaviour In the shadow as: is that - of the cognate is something Which Is well known to all and is not a secret (pages 243, 244 also see page 301).

4*) 0 Adam you and your wife stay in paradise; 0 Mary you and your husband stay in paradise; 0 Ahmad you and your wife live in paradise. I blew up in you from my inspiration (S,JJ) the spirit of truth (page 496).

This was translated by Nina Sahib as follows:-• 0:Adam, 0 Mary, 0 Abroad you and whoever is Your follower or comrade enter paradise i.e. enter the cause Of true salvation. i have blOWn up in you the spirit of truthfulness.(He then explained that)the verse describes the cause of the name of the 'spiritual, Adam. As Adam was born without assistance of any cause (father, mother) so the spirit is blown in the :spiritual Adam without assistance of external causes, In fact this blowing in of spirit is something special with the Prophets and ultimately it was conferred by way of lineage or: inheritance on particular persons in the Ummah of the 'Holy Prophet (page497),

. I (3•••Thill 1 0 c 4 Lin 0 1 Litt rj 4 1.:—.1)•—.;1 1...11 V ,isi.o.ii If I 0 LSI 4.13..")) sl.1 I 3 J....0 ei 3,..) tod L:j Mirza Sahib 'explained, this as follows:- i,t:

We made these slIgns and wonders and this inspiration which. isfull Of meanings' and truth deacenV near Quadtan for reason of truth and on" account of necessity. :Whatever information was given by Allah and His Prophet is fulfilled and what Allah wished had to be accomplished. These last words'are a pointer to this that the Holy Prophet (P,LR.) had pointed out in his hadis . about his appearance and Allah had hinted about the same in his holy Book. That hint has already been mentioned in the inspiration recorded in the third volume1The divine hint is in the verse -

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Ot, 43 Ls 3-4

ot. J-J1 ,51...s I—at)3,---11 (He sent His messenger:with guidance and the true religion that he marOAkeTit to prevail pn each religion.

This verse Is a prediction in favour of the Messiahin the physical and political sense and the promise of superiority' or victory of Islam will be manifest with the victorTof Messiah_ With the second coming Of. the Messiah the religion of Islam Will spread through him in all the 'World; But it is manifested on this hUmble person that on account of his lowliness; humility, trust In God and selflessness and by virtue Of the luminous signs,he is the Model of MeSsidh.'S first sojourn in the world and his nature Very much. reseMbleS the nature of HMessiah as if they are two pieces of the same jewel or two fruits of the same tree , just as JeSUs, a Prophet of high dignity was the follower of Moses and servant of (his) religion :and his Bible was a branch of Torah,Tthis humble person is .a lowly servant of that grand Trophet.who is the leader of all messengerS., If he is Hamid he (Mirza Sahib) is Ahmad. If he is Mahmud he (Mirza Sahib). i5 ' Muhammad (P.W.H.) may be marked that Mirza Sahib puts: the Words ii—j d4a4111,51; (P.ILH.). .when he refers to himself although these words are exclusively used for Prophets):. Since this humble man has complete resemblance With JesusGod included him from the beginning in the prediction about Mesiiah: Messiah is the manifest anephysical object of that prediction while this humble person is its spiritual And plausible object: The spiritual victory of Islam which. is dependent upon irrefutable logic and arguments is destined through this humble self Whether it be manifest, during his life-time or after his "death (pages 498 and 499).

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Thus God after creating this humble slave in this age and after conferring upon him hundreds of heavenly signs and (the quality of) penetrability into the 'hidden affairSiand knowledge and after arming him with knowledge of irrefutableatgumens, intended that he may publish and make pTeyalent the Quranic truthful science in every nation and in Every country (page 501). Whatever sources of spreading the religion, arguments and reasoning for silencing all excuses have been made available to me were never given to anyone in the earlier limam (plural of Updah:; Le.- communities of followers of Prophete) (page 502).

.(15) I hathwritten this much When a person named ShahAbuddin'. .:::. said that Molvi Ghulam 1J1laE, .NolviAluióad Ullah Amritsari Molvi Abdul Aziz and soMe other MblVis deny thdie Ilham (inspirations) which redemhle the prophetic revelations their argument Is that if such Ilham be true, then the companions of the Holy Prophet (P.B.H.) deserved them more. In authentication of the same the letters of Sh,'Abdul Qadir Jilani and Mujaddid Alf Sani may be seen hciw abundant are their inspirations (ft1.115. Imam-e7Rabbani Mujaddid Alf Sahi in the fifty-first letter in the second volume of his 4.retterdwr1tes plainly that no person who is not a Prophet has the honour Of being in - communication with and addressed by God.

Such a person is known Mohdddas and his position is nearer the rank of Prophets (page 546).

(16)- God did not give you up nor is he angry with. you! Did not We open. yourlieart. Did not we make everything easy for you. that we. grantedilyod 3a.it-ui-Fikr (house.

for conteMplation) and Bait-ul-Zikr (house for worship). Whoever enters Bait-ul-Zikr sinCerely with the intention of following with good faith and sound belief shall towards the end lien.peaCe-.“;. By Bait-ul-Fikr is meant the room in which I have been and am even nol buiy in the writing Of this book. By Bait-ulZikr is meant the Mosque built adjacent to that room. The last phrase describes the quality of the Masjid (Mosque) and from the letters Of which can be: found the date of its construction. The words are Sil-.4 5 3.A . dti Jc!"7:15A" J-*I JC 5 meaning that this Mosque iS blessed and, confers blessings and:eVery blessed act Will be committed in it (pages 558, 559).

The 'following points are made out by the above mentioned:ektracts irom'Baraheen-i-Ahmadia, Vol.3 and 4:

Nina. Sahib claimed to have direct communication- with God and was addressed_byliim directly, He called his Ilham as Wahl and apprehendingJtheipossible objection from the Dime, he wrote that this was only a dispute over language; 'He called the divine information as Wahi while the Mama named it Ilham. He was the recipient of secret knowledge and knowledge about future events.

(4)In this age of sin such a reformerj shOuld be like A messenger and such people were named Amsal in Hadie and Siddiq in Quran.

The appearance of such as hei reeemblee the advent of the Prophets, Theugh no one'can equal the Holy Prophet (P.B..H) but a person on account

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of his being the staunch follower of the Prophet and his Sunnah becoMes his Zil (Shadow); c(7) The manifeetatiOn of the State • and behaviour'in the Zil (Shadow) is that of the original leader. If the leader is Hamid the Zil is Ahmad. If the first named is Mahmood the other is Muhammad (P.B.H) and MitZa Sahib who is saying this about himself puts ft-, alljc>14' (peace be upon him.)or P,H.B in short) against Muhammad which according to hit-is his name but he dogs not put such words of praYer, which are reserved for the prophets against the names of the Holy Prophet). Mirza Sahib resembled Jesus and the prediction of his coming applied to him in the manifest and physical sense while it applied to MirEa Sahib in the spiritual sense. The coming of Mohaddas was pre- dicted by the Holy. Prophet (PBH) and according to Mujaddid Alf Sani Mohaddas is a person who has the honour of being in communication with and addressed by God and his position is nearer the rank of Prophets.

I' .0 at The verse 6.11.-..c)0—.11 4s.1-,..) 3-4 It d Lstf I ch. * t;

was revealed for Mirza Sahib. Though the above verse is a prediction in favour of the Messiah in the physical and political sense but Mirza Sahib is the model of Messiah's first sojourn in the world and both are pieces of dhe same Jewel. God sent a revelation to Mirza Sahib that He granted him Bait-

ul-Fikr and Bait-ul-Zikr. Bait- ul-Fikr was the Chaubara in which he wrote Beraheen-.e-Ahmadia and Bait-ul-Zikr means the Mosque built adjacent to the Chaubara. According to the Ilham the Mosque is blessed and confers blessings and every blessed act will be committed in it.

From these points it will be clear that while laying the foundation for his claim he lay persistent emphasis on Ilham (inspiration) which for reasons of his own he called Wahi (revelation). Mirza Sahib claimed in 1882 that he was appointed by God ( 411 Cm 0L) the purpose of appointment for reform is detailed in the 3rd volume of Baraheen-i-Ahmadia but he took two years to declare himself as Mujaddid (Revivalist)..For his claim of Promised Messiah he wrote his resemblance with Jesus and of his being the person who would perform the function for which Jesus was commissioned in his physical appearance.For the claim of Zilli Prophethood he claimed to be recipient of Wahi (revelation) in the language and verse of the Quran and that he was the object of the verse Q 48:28. He was fl of the Prophet and Zil had all the qualities of the cognate. Thus attempt was made to remove all hurdles in respect of future claim of Promised Messiah and Prophet. The manner in which, according to his claim, he had Ilhams were five and two of them very much resembled the.manner in which the Holy Prophet (P.B.H.) received the Wahi (revelation).

In these ,citations there is one quotation in which it is said that Jesus will be coming a-v4h

physically in this world as Messiah. The subsequent development was only an attempt to prove that Messiah had died a natural death in Kashmir and his second coming in a physical sense was impossible. Consequently the Maseel (likeness of) Messiah that is Mirza Sahib had to fulfill the'prophecy about the second coming of Messiah.

There- is a clear verse in. the Holy. Qi.mn_alt Holy Prophet (P.B.H.) being the last of the Prophets. This hurdle had to be crossed by discovering a new meaning of the word Khatam that the Prophet shall henceforth .ba commissioned from the Muslim Ummah and must bear the seal of authentication of the Holy . Prophet There is no reference to Mehdi but in view - df deThqualifications appropriated by Mirza Sahib for himself this would not be a difficult claim to make;

Mirza Sahib claimed to be the Promised Messiah in 1891, He had thereafter disputations with Christian Missionaries also, Abdullah Atham was a christian Who was considered an adept at disputation or contest by argument (!;1,14). .Mirza Sahib had such contests with him and other Christian Missionaries from22nd May,. 1893 to 5th June, 1893 regarding the truthfulness- and superiority of Islam as a religion. On the last day of the contest Mirza Sahib made :a prediction to the effect that - "last night 1. to God with much humility and self abasement that He May dedide in this matter. We are humble servants and are

helpless in the absence of a decree from you. He gave me this sign as a tiding that whoever among the disputants voluntarily and knowingly is opting for falsehood, abandoning true God and making an humble (person) a divinity shall, at the rate of one month per day of contest be thrown in hawiya (._,Lragifig: fire) and will be much disgraced provided he fails to correct his wrong: And whoever is right and believes in-true God will be honoured. And when thiS prophecy comes true some of the blinds will have their vision restored, some persons who are lame. shall start walking (like .ordinary people) and some deaf persons shall start hearing I deal's:re that if this prediction TiSprovediincOrrectandytbeparty who is on the wrong path.. does not fall in- Hawiya (raging fire) after death within fifteen months,. I will be prepared to bearany-punishment. I may-be disgraced my face may be blackened and after putting a rope round my neck I• may-be hanged. I swear by Great God that He will do so, He will certainly do so, He will certainly do so ' :" (lanve, Muqaddas, pages-183,.- 184; Silsila-i•- Tasnifat, :Vol, 5, -page 2562), On 22nd August, 1894 Mirza Sahib wrote a letter to one Munshi:Rustam Ali in which he expressed his anxiety that the ;1<nown person (Atham) was still healthy and plump, He prayed for being saved from the test (Maktubat-i- Ahmadiyyar Vol. 5, letter'No.3, page 128; Quadiani Mazhab, page 324).

In Seerat-e-Mehdi,(Vol. 1, pages 159-160) are described the steps taken by Mirza Sahib for the fulfilment of his prophecy. It is said that Mian Abdullah Sinousi informed him that a day before the expiry of period of prediction about Atham, the Promised Messiah asked him and Mian Ahmad Ali to bring grams in weight which he specified and recitedonthem such and such Ohapter of the Quran in such number (The author did not recollect the number nor the Chapter of the Quran), Mian Abdullah. Sinousi continued that he recited the said Chapter of the Quran for the whole night. After finishing the recitation they went to Mirza Sahib as directed. He (Mirza Sahib) took both of them outside Quadian probably toward the north and directed them to throw (the grams) in an un-usable well and then to turn their faces and hasten from there without looking back. The two acted as they were directed.

On the last day of the prophecy faces of the Ahmadis were withered and they were extremely dejected. Some persons on account of unawareness had betted on the death of Atham. There wasP dejection and disappointment all round. People wept bitterly during prayers and prayed to God that they might not be dishonoured (Seerat-i-Meseeh-i-Mauood by Sh. Yaqub Ali; Quadiani Mazhab, page 325). Mirza Sahib explained this by saying that the prediction was subject to the condition that Atham did not withdraw (from his

belief). So in the meeting of disputation itself he had withdrawn the word Dajjal (imposter) which he had said about the Holy Prophet (P.B.H.), in the presence of seventy persons and not only this, he proved the withdrawal..( en,) by his fifteen months' continuous silence. The basis of prediction was that he had called the Holy Prophet (P.B.H.) Dajjal and having benefitted from this penitence he died after fifteen months (Roohani Khazain, Vol. 9, page 6, from Kashti- e-Nuh, printed in 1902, Also see Haqiqatul Wahi, page 8).

Mirza Sahib wrote in Naseem-e-Daawat (printed in 1903, page 91) that sometimes the fulfilment of the prophecy is delayed on account of penitence. Any objection against the comple- tion of the prophecy could be raised only if he himself had died before Atham (Roohani Khazain, Vol. 19, page 451, published 1907, page 185).

It may be noticed that there is nothing.in the prophecy that Atham had called names to the Holy Prophet (P.B.H.). The basis of the prophecy was that Atham was abandoning ri true God and making a haffille man.a —divihity which refers to his belief in the gospels. A period of fifteen months, 11X6ifisrthe de.ilt±LbfAtham, expired:without fulfilment of the prophecy.

Molvi Sanaullah of Amritsar was one of the great oppbnents of Mirza Sahib. On the 15th April, 1907, Mirza Sahib wrote a letter to him in a state of great exasperation (which is apparent from the letter) in which he

referred to his (Molvi Sanaullah's) propaganda against him that he was an imposter, a liar and Dajjal (a deceiver) and-then declared - "If I am such a liar and imposter as you paint me in your newspaper, I shall die in your lifetime because I know, that,a mischievous person and a liar do not live long and at length he dies disgracefully and in sorrow during the lifetime of' his enemies. In fact it is better that he should perish so that he may not corrupt the creation of God: And if,I am not a liar, imposter and I be in communica- tion with and an addressee of God and I be the Promised Messiah, I expect from the kindness of God that according to hiS.law you will not be spared the punishment of a falsifier. The punish- ment shall also be not of human hand but shall be of divine hand just as plague, cholera or fatal diseases. If such liunishment does not befall you, I am not from God At the end there is a prayer for God's decree in this matter (Hayat-i-Tayyiba, page 423 to 425).

The fact is that Molvi Sanaullah outlived Mirza Sahib by many long years and Mirza Sahib •died in 1908 of diarrhoea according to the common version of his followers and of cholera according to the version of his father- in-law. (Eke Quadimi Mazhab by Ilyas Bami page 137 )..

The followers of Mirza Sahib began to confuse the issue after his death that the letter was an offer for Mubah41a cj4 L.) (cursing one another and praying that whoever is not on the right path may die) but Molvi Sanaullah did not accept the offer... But the said letter is not

capable of being so interpreted. It is clearly a unilateral matter which did not require the consent of the other.

It is not important as to who dies first. The death of Mirza Sahib before Molvi Sanaullah assumed importance because of the high flown and stern language that Mirza Sahib used and often made life or death a test of his being commissioned by God or being an imposter.

The prophecy of death of his opponents was one of the mode adopted by. Mirza Sahib to prove his truthfulness. When same opponent died, as he must.die some day, this was considered to be proof of truthfulness of .the alleged mission of Mirza Sahib..Mirza Sahib. was ultimately compelled by order of the District Magistrate (Deputy Commissioner) Gurdaspur, dated 23rd August, 1897 in.a case of breach of peace under section 107 Criminal.Procedure Code, to refrain from making prophecies about death or disgrace of any person (Al Barriyyah, page 261). Mirza Sahib is said to have given an undertaking in Court that he would not use .such language. (See Tableegh-i-Risalat, Vol. 6, page 168. Also see ibid page 166). But he denied it Hëtêveiff he gave such an undertaking in 1899 on the 25th February, in the Court of Mr. M. Douie, District Magistrate Gurdaspur (Quadiani Mazhab, pages 456, 456,T5ab1eeh-1L risalat,Vo1.8 page 44).

The publication of Baraheen-i-Ahmadiyya in which great emphasis was laid by Mirza Sahib on divine revelations received. by him evoked much curiosity among the Muslims. They waited for other prophecies and their fulfilment. Mirza

Sahib issued pamphlets about certain prophecies which proved incorrect. He, therefore, became the object of criticisMand ridicule and in order to clear up his position he resorted to Taaweel (to give a different interpretation of an obvious meaning of a word) of:what he said. Mirza Sahib published a revelation in a pamphlet dated 20th of February, 1886 that a son would be born to him. 'His name is Emanuel and also.; Bashir.. Whoever comes;(i.§.:bor4).atzthat t1.4 will be wealthy and a man of pomp and grandeur. When he comes he will cure_many of their illnesses by his miraculous powers. He will be Kalimat Ullaft 411411(word of God)!. People began to wait for the fulfilment of this revelation. It so happened that a girl was born to Mirza Sahib in May 1886. On this, •as the author of Seerat-u1,-Mehdi said, those who believed were disappointed while-vsuch a wave of derision, mockery and ridicule ar*eamong those who did not believe or were enemies (of.Mirza Sahib) hitAtcreated condition like that of an earthquake. Mirza Sahib dedlared through pamphlet and letters that in that revelation there was. no such hint that the 'son would.be born. in the same pregnancy (Seerat-i-Mehdi, Vol. 1, page 88). A son was thereafter- born in August, 1887. There were jubilations.on his birth and many of those persons who were shaken (in their belief) became firm. People considered that this was the promised son and Mirza Sahib also had the same opinion on account of the birth of <8.ashir7t.z..People began to return (towards Mirza Sahib) but after A year that child died. This

created a great storm.and an earthquake in the country like of which,was noticed neither before nor ever after this event. Many of those who believed received such a jolt that they never recovered thereafter (never returned to the fold).

Mirza Sahib again tried to convince people through pamphlets and letters that he was never certain that that son was the object of revelation. Since he had received many revelations in which was expressed his:great excellence he also thought that perhaps he might be the promised son but. in the revelation - itself.thare was no such_ indication. Some of the people (followers) were assured by the explanation_while others were disappointed. The opponents ridiculed (Seerat-i-Mehdi; Vol.I, page 88).

It may be stated that the above mentioned pamphlet about the revelation was published on 20th February1886. Another pamphlet was published on:22nd of March. 1886 in which it was said., that. the son would be born within 9 years. A third - pamphiet was issued on 8th April, 1886 in which' it. was said that a son is to be born soon and the time (of his birth) cannot exceed the period of pregnancy Cfableegh- i-Risalat, Vol. I, pages 86, 87). It was for this reason that people ridiculed Mirza Sahib when a daughter was born in May, 1886, But this was also interpreted by Mirza Sahib in his own favour. It was said that it was never prophesied that the son would be born in the then pregnancy. The words that the time would not exceed the time of pregnancy could mean that He could be

born even within-2k or 3 years and also that he could be born at any time within nine years (ibid). These interpretations obviously did not satisfy people.

The explanation that Mirza Sahib was not certain that Bashir-I was the object of revelation may be judged in the light of pamphlet dated 7th August,: 1887 in which he expressed complete. satisfaction:with intense pleasure that the prophecrwas,proved correct and that night at about 1.30 A.N. that blessed son was born (Tableegh.-i4Risalat, Vol. I, page 99). The pamphlet was headed !Goo d News.'. C cut"chs:. ). The pamphlet of :good news- proved that Mirza Sahib.was himself certain'andhe-himself spread the newsyiuthe public.

The-attempts of Mirza Sahib to marry Mohammadi Begun and his failure arnell-known. In the pamphlet: dated 20-tit-February, 1887 in:which.there. was the prophecy of the . birth of. the, son, was published another prophecy alleged to be based on. divine revelation, He Wrote that God gave :Him good-tidings:. about women some of whom he would get- Li:future', It is clear from the other writings. and pamphlets that the gOod tiding was'about. his-future Marriages, However,.the fact reMains that,Mizza Sahib was last married'on'17th_NoveMber, -1884 (Hayat-e- Tayyibs, page 75).

In a letter written to Molvi Nuruddin on 8th±June, 1886 Mirza Sahib wrote that about four months ago it was made menifeat to him that non of many excellences would be born

to himt Of late he had been having numerous inspirations that he would have to marry again and it had been decided by God that a virtuous and chaste wife would be given to him and she would bear children.. He then wrote about two proposals of marriage whichwere - not approved by him-(Maktubat-iAhmadiyya,:1161; letter No. 2).

Mirza Sahib claimed that many times God had informed him byway of prophecy that he would be married to the elder daughter of Mirza Ahmad Begwhether:in a virginal state or as a widow (Izala-i-Auham; page 396). On the 10thMay;-1888 a letter of request-for marriage: of Mirza Sahib was published in Newspaper Nur-Afshan,' Sis opponents made him the target of their. objections;:Mirza Sahib responded:by-publishing a pamphlet dated 19th July; 1888 in justificationf this letter and reiterated that he had asked for:the hand of MohammadiiBegum:eIdetdaughter.of:Mirza Ahmad Beg in obedience to the order of God. He further gave the details .of the methodology used for achievement of this object: Some of his near relatives demanded signs from himand the father of the girly(MohAmmadi Begum) bAd_been obedient to them and considered:his daughters to be their daughters and they thought likewise. They considered Mina Sahib to be A liar and imposter. They raised flbiections, against Islam and the Holy Quran and demanded signs from him. For this reason he prayed many a times- for them. This prayer was accepted in this manner that the father of the girl beseeched him ih an important

matter. His sister was married to a paternal cousin of Mirza Sahib named:Ghulam Hussain. Ghulamilussain was missing for the last twenty- five years. His land to which Mirza_Sahib was legally entitled as a heir was got recorded'in the revenue record in the name of his wife. and Ahmad Beg/her brother wished that the land which was' wart& about four. or five thousand rupees mightbe gifted in favour of hia son Mohammad Beg,-.A gift deed was_drawn on behalf of the wife of Ghulam Hussaim:end was brought to Mirza Sahib for obtaining his consent whichwas:legally essential. Mirza:Sahibrwas incliried to sign it but he received divine, order that he should now make a move:for demanding-his daughter in marxiage*and inform him that the show of benevolenCe or generositywouldbe4pbjeCt, to that condition and that-the marriage would be a source of bledsings and.a sign of mercy for than. If they did not agree tO the marriage the girl would come to grief. The person to whom she might be married.would die-Within 2}g years of the marriage and the father:would die within three 'years from thattime (Tableegh7t-Risalat, Vol. I, page 116).

From the supplement. of the above published pamphlet which isidated 15th.. July;. 1888 it appears that the relatives of,Mirza Sahib considered him an imposter and a businessman .(who made the claims of being in dire& communication with God for the purpose of making money). He wrote that these persons were not satisfied even by the signs shown to them. He did not need this rishta (new relationship by marriage). The request for marriage

was made only by way of sign so thatYthose who refused to believe in him may be shown by God the nature and wonders. By their acceptance (of proposal for marriage) signs of divine mercy and blessings might be made to descend on them, and the coming misfortunes and calamities might be avoided. But if they rejected (him), awful and terrible signs might be sent to warn them. (ibid, pages 119, 120).

Mirza Sahib did not confine himself to these threats. He wrote letters to his relatives as well as to Mirza Ahmad Beg. These were letters of entreatment. In his letter dated 20th February, 1888 to Mirza Ahmad Beg he wrote that in case of promise of marriage he was prepared to sign the gift deed and in addition his own property would be of God and Ahmad Beg. He also promised that his son would, t/ough his efforts be employed in the Police Department and would be married to the daughter of one of his rich disciples. (iawishta-i- Ghaib by M.S.Khalid, page 100. See Quadiani Mazhab by Ilyas Burner, 5th Edition, pages 375, 376). He wrote another letter to Mina Ahmad Beg on 17th July, 1892 in which he said that the prophecy regarding his marriage was very well-known. He entreated him to assist in the fulfilment of the prophecy (Kalimat-i-Fazle Rahmani by Qazi Fazal Ahmad, page 123; Quad/ani Mazhab, paged 377 to 379). Fazal Ahmad son of Mirza Sahib was married to the daughter of Mirza Sher Ali whose wife Was the sister of Mirza Ahmad Beg. Mirza Sahib Wrote letters to Mirza Sher Ali and his wife Also asking them to help him in getting the hand of Mohammadi Begum and threatened them that if she was married to some other

person he would ask his son Fazal Ahmad to divorce his wife. Mirza Sher Ali Wrote back to Mirza Sahib that if he substituted himself for Mirza Ahmad Beg, and the latter requested him to give the hand of his daughter in marriage and he had been more than fifty years old and had surpassed Musailma the imposter (a false Prophet of the time of the Holy Prophet (P.R.R.)., could he have given his daughter in marriage to him.

In reply the threat of Mirza Sahib that in case of his refusal to influence Ahmad Beg through his wife (sister of Mirza Ahmad Beg) his son would divorce his daughter, Mirza Sher Ali Beg inquired how could his wife merely for the sake of his daughter, ask his brother to give his daughter h in marriage to a sickly person wh6 on account of melancholia had reached the stage of divinity. (Quadiani Mazhab, pages 381, 382), Ultimately under pressure of Mirza Sahib his son Fazal Ahmad unwillingly divorced his wife daughter of Mirza Sher Ali Beg. Mirza Sahib's first wife and his on Sultan Ahmad sided with Mohammadi Begum's family Mirza Sahib divorced his wife too and disinherited his son Sultan Ahmad. (Tableegh-i- Risalat, Vo1,2, pages 9 to 11).

Mohammadi Begum was married to Mirza Sultan Mohammad who did not die as predicted and remained alive for quite a long time. Mirza Ahmad Beg died within six months of his daughter's marriage and this was taken as the fulfilment of the prophecy. But what about the marriage or the death of Sultan Mohammad? He outlived Mirza Sahib by many long years, fought in the first World war, was wounded but survived. (QaudSaniyat by Syed Hassan Al Nadvi p page 165).

iCt:s7a\l\N\

In Seerat ul Mehdi it is conceded that Mirza Sahib wrote letters to his relatives and made great efforts for this marriage (Vol,1 page 186) but the author tried to explain that there was no Prophet who did not make attempt for the fulfilment of his prophecies-certainly a very broad claim (ibid, page 175). But assuming this to be true, was it lawful to force his son to divorce his wife, to threaten the son's father in law that as a consequence of his refusal to belp him he would direct his son to divorce his wife. There is no concept of disinheriting a disobedient son in one's lifetime in the religion which Mirza Sahib purported to follow but he declared this in writing. He divorced his first wife also for the same reason of not being willing to prevail upon her relatives for this marriage. Divorce is the most• condemnable thing in Islam but Mirza Sahib was quick to take revenge even from his wife and his son and one daughter in law.

The author of Seerat-e-Mehdi writes that not only Mirza Ahmad Beg died but the family had to bear so many misfortunes. It is said that by the death of Mirza Ahmad Beg the prophecy was fulfilled. But the prophecy was that the husband of Mohammadi Begum would die within 21/2 years and her father would die within three years. The reasonable inter- pretation of the prophecy should be that the father would die after the death of the husband of Muhammadi Begum but within three 'years of the marriage. But he died soon after the marriage and the person who was to be the first victim remained alive. The failure or success in betrothal or marriage is hardly material in normal circumstances but this matter assumed importance on account of the

insistence of Mirza Sahib about the divine revelation. In Anjam-i-Athath (pblished in Silsila-e-Tasnifat, Vol.VIII, page 4773; note) Mirza Sahib wrote that "essence of prolihecy about the son in law of AhMad Beg is his inevitable destiny, Wait for it. If I am a liar this prophecy shall not be fulfilled till I die" And it was not fulfilled. This was 1899. Earlier he had said almOst the same thing about marriage in a pamphlet dated 6th September, 1894, He wrote "the essence of the prophecy that the marriage of that woman with me is an inevitable destiny which - cannot be withdrawn (prove false) because this phrase is there in the divine-reVelation'la tabdeeia li kalimat (there can be no change In the words of God) which means that what I have said in this respect will not be withdrawn (prove false). If it is withdrawn (is proved untrue) the word of God is futile and of no worth."

But at the time that these words were written the period fixed for the death of Sultan Mohammad had already expired but Mirza Sahib insisted that what is destined must happen though there may be s6me delay in it.

Mirza Sahib Made a prophedy in 1891 ' and (The British rule for eight years or the British rule for 7 years Only). This has been the subject matter of various interpretations because the British rule continued till after World War IT (See Sedrat-i-Mehdi, Vol.2, page 9; No.3140.

In Baraheen-e-Ahmadia, Vol 5 (pages 73-74) Mirza Sahib mentioned verse Q 3:55:

Q.3:55

3 Led 4I;51 1),,A. out.tce LII-1 31 4411:1 Ch.. 331 J''''CL"''

e I ji-S 0- 3-fi '(And remabet) s?het{ Allah said.: 0 Jesus! •Lo! I am gathered thee and causing thee to ascend unto Me, and am cleansing thee of those who disbelieve and am setting those who follow thee above those who disbelieve until the Day of Resurrectiion' and-said: II

It means 0 Jesus I shall give you death and lift you towards Me and manifest your exoneration I will make your believers predominant over those who deny you. In this revelation the word Isa (Jesus) connotes me and the word 'followers' refers to my organization. The prophecy in the Quran is about Jesus and the words 'subdued community' refer to the Jews who are diminishing every day. The fresh revelation of this verse for me and my organization points out this that it is destined that those who were outside the organization will go on diminishing and all the sects of the Muslims which are out- side my organization will continue to diminish; (in the sense that) they will continue entering my organization or they will be annihilated.

_The incorrectness of this prediction is so visible that not much is required to be said about it, The number of Quadianis in Pakistan in the last census of 1981 is 103,000 and the number of Muslims has increased several times in Punjab alone where Mirza Sahib had some following. The number of Quadianis has always been exaggerated as will be clear from the Encyclopae- dia of Religion andithics . Vol. X. page 530(0), 'The movement has grown steadily since its inception in 1889. In 1896 it claimed 313 members. In the 1901 Govern- ment Census 1113 males were returned for the United Provinces, and 11,087 for the Bombay Presidency (obviously an inaccuracy). In 1904, the Mirza Sahib claimed 'more than 100,000 followers'' and before his death he estimated the total number of his followers at 500,000. Against this manifest exaggeration must be placed the returns of the census for the Punjab,in 1911, viz. 18,695 Ahmadis. Probably 60,000 would be a liberal estimate of the total strength of the movement throughout India today., There are also a few scattered followers in other countries'

In the Census of 1931 their number was 55,000 only which Mirza Mahmood Ahmad estimated at 75,000 (Address of Mien Bashir-ud-Din Mahmud Ahmed in Al-Fazal Qadian Vol.21 No.152 dated 21-6-1934 c.f. Qadiani Mazhab, page 415). - In a Pamphlet dated 27th September,1899 Mirza Sahib wrote that he had given the number of his followers as three hundred in some book. This number had reached ten thousand and within three years would exceed one hundred thousand. (rableegh-i- Risalat Vol.8 page 54). In a pamphlet dated 4th NoveMber, 1900 he assessed this number as thirty

thousand (ibid Vol.9 page 90 ), Mirza Sahib took oath and said that "I say on oath that at least one hundred thousand in my organization are such who believe in_me sincerely". (Seerat-e-Mehdi Vol.1, page 146. In Tuhfat-ul-Nadwa (1902) also he fixed the same 'number and said out of theth ten thousand were 'converted during the period of plague.

In supplement to Haqiat-inl-Wahi (printed 1907), page 117, Mirza Sahib fixed the number of his followers as four hundred thousands. Besides Mirza Sahib and his successors, his followets including Mubarak AhMad“Professor,, Jamia Ahtadia Quadian also inflated the number, The latter fixed the number of AhMadis at 5 millions. A44ur Rahman Dardrstateslbefore.Mr,Philby that. the Quadianis outnumbered Muslims in Punjab. This statement was made when the Muslim population of Punjab was only 15 millions. This means that according to his claim the number of Quadianis in Punjab was 7k million. Recently Economist London gave this number as 10 milliOnS. The journal must have been fed by the Quadianis. The number of Muslims in the Punjab is more than 4$ millions now while the Quadianis in the whole country number 103,000. So his was the prediction of Mirza Sahib. The unity of Calcutta in an article written on the death Of Mirza Sahib fixed the number - of his adherents at 20,00(5eerat-i-Mehdi Vol.1, page 265; No.290).

When Mirza Sahib had some little following he called his followers for bay't by a pamphlet dated 1st DeCeMber, 1888 (Hayat-e-Tayyiba, pages-S_T, 98). According to the article 'Quadian' in Encyclopae- . dia of Religicn and Ethics (761:1:0) ,the nualber of such followers was 313 in 1896.

After collecting#e sizable number of followers Mirza Sahib took the second step of declaring himself the promised Messiah and the promised Mehdi in 1891. The apprehension of Muslim ,Ummah.that he was' on the road to becoming a Prophet was partly proved correct. In fact Mirza Sahib had already laid the foundation of being the promised Messiah in Baraheen-i-Ahmadiyya in which he claimed to be Maseel-i-Maseeh (like Messiah).

Mirza Sahib declared in Fada-e4slam (published 1891) that he was one who had been sent for the reform of the people so that he may revive the religion and establish it in the hearts of the people. He'had been sent in the same manner as the one who was sent after Moses whose spirit after many trialS and tribulations was raised. Then another one who communicated with God (like Moses) and who is really the chief of all the Prophets came to defeat the Pharoahs regarding whom it Was said (Q 73:15) Lo! We have sent unto you a messenger as witness against you, even as we sent unto Pharoah a messenger.

Thus he who in his actions was Maseel (double or second) of Moses but was superior to him in rank was also promised a double or second (laseel) of Messiah (Jesus)and as Jesus son of Mary came in the fourteenth century after the first communicator with God (Moses) so after the same period after the second communicator with God alighted the second of the Messiah (See Fatha,,eIslam printed, in Roohani*Khazain,

Vol. 3, page 8). The language after the words "first communicator with.God"Cis7Jambiguous but I have given the purport of the theory of Mirza Sahib as has,been clarified by him at other , places as well as in other books. Mirza Sahib, wrote that "the.. Messiah who had to come has come"(page 9).. This was not a new theory that Mirza Sahib_had been sent in the name of Messiah. It was stated in Baraheen-i- Ahmadiyya that he: had a particular resemblance with Messiah in nature •and for this reason he had been sent in the name of Messiah.. The theory Was later_developed. that Jesus had died and he died a natural death in Kashmir and once his spirit went to paradise it could not return to this world.

He further said in Tauzihul Maram (published-18915(see Roohan-i-Khazain,-Nol. 3, page 60) that the door of revelation was not completely closed nor had revelation been sealed in all manners. The door of.partial prophethood and revelation was still open,and would always remain open.. But this is not a complete prophet- hood. It is only partial prophethood which is known by the name of Mohaddasiyyat which is obtained by following the perfect man. Mohaddas was explained at another place as a person who is in communication with God. In Baraheen-i- Ahmadiyya he had called Mohaddas like a Prophet but now he called him a partial Prophet. The exact words in Baraheen-i-Ahmadiyya are that his position is nearer the position of a Prophet (page 46). He gave the illustrations of Mary mother of Jesus, mother of Moses, apostles of

JesUsL and Khizr none .of whom was a Prophet. In fact he. maintained his position about th,g,,,“ absolute finality• of prophethood uptoK.18,9C6 but changedhit later as stated above.

Ile kept. the door.open for advent of Prophets without Sharjah: by formulating his faith in the words that 'now no such inspiration or revelation ifrom God is possible which may ameltd or abrogate Injunctions of the Quran or may have the effect :of changing even one Injunction.

Whoever believes to thea contrary is beyond the pale'of the MusliaLUmmah and is an unbeliever and infidel. (Izala-i-Auham, page

Upto 1891 the Muslims of the Indian Sub-con'tinent only ridiculed Mirza Sahib when- ever his prophecy was falsified. It has already been seen in the episode of Mohammadi Begum that his own family members called him an imposter, Musailma and by such other epithets;

they probably knew him better.

But the claim of Messiah and Mehdi shook the Muslims. The flood-gates of criticism, resentment and anger were opened. Mirza Sahib was quick to :retrace his steps .a little obviotsly in order to appease the Muslims.

But before taking up this subject it would be advisable to explain the words Nabi (Prophet) Rasool or Mursal (Messenger).

Every Rasool (Messenger) is a Nabi (Prophet) and it is not necessary that each Prophet (Nabi) may also be a Rasool (Messenger). The difference in the two is that.. Nabi (Prophet) is one to whom come revelations from God and the angels come to him.with revelations. Rasool (Messenger) is one who brings new Sharia or abrogates some Injunctions. of the previous Sharia. No distinction“however, is recognized generally between Rasool agessengerYor Mursal except that according to Karamiyyah. Rasool (Messenger) is a person sent by God while Mursal is a person sent by any sender (Usul,u1,Din by Abdul Qahir Baghdadi, page 154).

At a later period the distinction between Rasool (Messenger) and Nabi (Prophet) evaporated, However, if any one made a distinction it is as mentioned above (Urdu Dairat-ul-Maaraf-i-Islamia, Vol.. 10, page 253. on word 'Rasool'). According to Al4qaidul Nasafia by Abu Hafaslimat Nasafi then 'is no difference between the two words. But in that book the word Rasool. (Messenger) is used in the sense of one bringing Sharia (ibid).

Mirza Sahib used all the three words Nabi (Prophet), Rasool (Messenger) and Mursal in Izala-d-Auham“ page 534. He said while refuting the second coming of Jesus as Messiah-”how it was possible that any other Nabi (Prophet) who is perfect according to the conditions of the perfect Nubuwwat (Prophethood)6O[ild come after Khatimun Nabiyyin. The essentials of the perfect Nubuwwat .(Prophethood) of such a Nabi (Prophet) are revelations and the coming of Gabriel which

are inevitable. According to the clarification in the Quran Rasool (Messenger) Is the same person who has obtained the Injunctions and the belief of the religion through Gabriel but a ' seal was put about thirteen centuries ago upon the revelation of.Nubuwwat (Prophethood), will this seal break at that time"(It means that - according to him-the.seal must hot break). It would be seen that the words Nabi (Prophet) and Rasool (Messenger) have been used interchangeably and not distinctively. At page 761 it is said "fourthly Quran has not made lawful for any. Rasool (Messenger) to come after the Khatimun Nabiyyin (last of the Prophets) whether he be a new Rasool (Messenger) or old because the knowledge of religion which is imparted to a Rasool (Messenger) by way of revelation through Gabriel cannot be sent now and it.is not understandable that a Rasool (Messenger) may come but - the revelation of Risaalat (gessengership) be extinct." At page 614 of Izala-e-Auham referring to verse Q 33:40 0 --be -.0.1-4.0-1 ISH—.• ' (e) •

-r 4.3.11

(Muhammad is not the father of any one amongst you but; he is Rasool (Messenger) of God and Khatimun Nabiyyin (seal of the Prophets)ii He exPlained the latter- portin of the- \ierse as meaning 'but he is messenger of Allah and the one who put an end to the Prophets!HOTATierfsaid that"this.verse. clearly is proof of the fact that after our Nabi -(Prophet) no Rasool

(Messenger) will come in this world. It is also clear, from it that Jesus son of Mary, Messenger of God cannot come in this world because he is a Rasool and this is essential for Rasool (Messenger) that the religious knowledge may have been obtained by him through Gabriel .:tut -ada.ed - tha:t - the treyelation, of Risalat --however, is not determined till the day of j udgment. " It would be seen that from the words Khatamun Nabiyyin in which the word Nabi (Prophet has been used, he has drawn the conclusion that there shall be no Rasool (Messenger) till the day of judgment (page 714). Earlier his position in Baraheen-i-Ahmadiyya was that the prophetic revelation was at an end with the Holy Prophet (P.B.H.) but now he again made an aperture in the finality of Prophethood by saying that the Revelation of Risalat (Prophetic revelation) is not determined.

In a handbill dated 2nd October, 1891 reproduced in Tableegh-i-Risalat (Vol. 2, page 20) he said "I believe in all those things which are included in the Islamic faith and I believe what is believed by Ahl-e-Sunnat-wal-Jamaatz(sLeil&L. kit!). I believe in all those matters which are definitely proved from the Holy Quran and the Hadis and consider a claimant to Nubuwwat and Risalat (Prophethood and Messengership) after the Holy Prophet (P.B.H.) who was 'Khatam-ul-Mursaleent ( ch.J...1.-11r:;-) (the last of the Prophets) to be an imposter, false claimant and infidel ( )gAls•:-.31g ) It is my faith that the Wahi(revelation) ,of Prophethood which started with Adam terminated on Prophet Muhammad (P.B.H.). This ,,last one again

is a position different from what is discussed above.

In an other handbill published on the 23rd October, 1891 and distributed in a meeting held in Jamia Mosque Delhi and reproduced at page 44 of Tableegh-i-Risalat, Vol.2, he stated 0-4s1- 113,-A:— J-41 ets d 10. )3--. r I" • ,• • Aro, IS.

de:41— es 3:42,1-1— )3-1 Jzi 3 "1-d— lJj.a. (Jo at-a e,L') la;,,,J1J- Lr1 )5_51,4L0‘;10 1.4`11 Ft;art.:::"

r1.5 Arls 411 010 4. d

(St-1 '1/1J J, 01 c-: it f-zuda-z:,t,••-••)31 03-4 3'4 P. iz-tp;

- 05-6 tel- "In all these matters my religion is the tame as that of Ahle-Sunnat-Wal-Jamaat.I now acknowledge about the following matters in this House of AllahC44"4L ) that I believe in the finality of the Prophethood of the last of the Prophets Oquhammad . P.B.H.) and I consider one who denies the finality of the Prophethood to be irreligious (ALIT:4 c-..) and outside the pale of Islam."

In the first handbill dated the 2nd October, 1891, it was stated that Mirza Sahib treated'aCd,laimiltiof either Prophethood to be an imposter or a false Prophet and heretic. In :the second handbill he used the word the finality of the Nubuwwat but obviously in the sense as including a Nabi as well as a Rasool. In his book Anjam-e-Atham ( (printed 1897) (end of AtharOtage 24 Margin) Mirza Sahib said:

ce ,_55.0.3 c.J.),r 0 243 .L.U3I 1±- j51 cH3

it') art e< rLi 41'4°. 4111 I Oh° Lskj- - caji tr-Ci51 Ls-6C..3-?. k7 1 S drek L-e; J1 55 -41 LrSJ.JtL ; 1 ,st-, cJL

.551.,, I.

1-1 ut-a

c.)5C-1 - c-sg -1 5 e:te•Sj 55-eul ore? j.)-6 f4jLZ JnUly- 1 LJbea.

ut. 1 c-a 1-(-11 ci 1 65 t..), L L>U 4 Ls" c5' ) sir.. 5 Ls-:

ut-fr: wiz.° jle. .A., 1 Lstui-12 btrY L5-e u cri..) (51-, fjo. LaJ.oU,I - L5235 s; L1,7; 05; d-; J1.-€ c-c (Is there any unfortunate impostor who believes in the Holy Quran and the verse " j dB I ars.) oil 3 "

(but he is the Messenger of Allah and the seal of the Prophets) and can yet say that I am a Prophet and Messenger ( i ) after the Holy Prophet jo Lr

The just people should remember that this humble (person) never really claimed prophethood (N4buwwat) or apostleship (Risalat). The use of a word in an unrealistic manner or in its dictionary meaning, in day to day communication does not amount to disbelief but I do not like that there may be •a possibility of the Muslims being deceived. The communications which I have received from God consist of the word Nubuwwat (Pronhethood) and Risalat (Messenger- ship) in: abundance.. I cannot keep them secret since I am an appointee from Allah ( 4iJI ce.0.1.) . But I repeated again and again that in these revela- tions whereever the word Mursal or Rasool (Messenger)

or Nabi (Prophet) is used about me it is not used in its real sense. The fact of which I give evidence in the open is that our Prophet (P.B.H.) is the last of the Prophets and there shall be no Prophet after him whether new or old). 9-4-9..afti Lsi; Lbs'i cr: L5"1 *— 5 U5--i ass: Lit; Cr9"" int .4.1,3 I cs,..0,,IJ I r oi dtb. Jbtl 0.43 j,5 ,..€ 42...?“-j-, Slur I .0 I cS1 Si I v1;3,- . e .;1 4.5451:1.1 1:41i.).9 1 d5 c-eleLL;-: W I or: cs'ab -e-r5 rt,5 I j7b L52-7 cl-t"Cii I 5 St: 4.15 cr: c-5. Ix I ceg5t IJSJ.. L.q.)—; 5 cJi5 S'41 Ci 77S ve

(Whoever said. after our apostle and leader that I am a Prophet or apostle whether he says it in the real sense or by way of inventing lies, and abandons the Quran and the Injunctions of the Holy Sharia, he is an infidel and imposter. Our religionj:therefore, is that whoever claims Prophethood in the real sense, and keeping himself apart from the blessings of the Holy Prophet (P.B.H.) and separating himself from that holy source wants to become the Prophet of God he is irreligious and a heretic. Probably such a person will introduce a new Kalima (about the unity of Allah and his own Prophethood) and new manners of worship andwill also bring changes in Injunctions. Such .a man will certainly be a brother of Musailma imposter and there is no doubt of his being an unbeliever).

In'Haffithamatul Bushrar.(4)-t4 1414->- ) page 96 (published 1894) he said

Car.“.441 01 L.511.

(It is not lawful (j.56.- ) for me that I may go out of the pale of Islam by claiming prophethood and mix. with the heretics) that his claim was not of Prophethood.but..only of Wilayat and ..“.363,“,,,). He also gave an MUjaddidiyyat ( a“, analogy between his Ilham .and that of Abdul Qadir Jilani (a renowned saint of Islam). He .emphasised int Hammamatul Bushra' ( ji ,41g2“ ) page 34 m 4.-rio dui 01.0 oat Jail-) -t.111 01 talc Ill" J 1 k:Li

J-rt 1J4j i all-

ri—, 4,1p . 4.11 1 Lsisa act ist: L 11JJ tab ost.a.n.j .ri rt ..40 al L.93-0 - 5 0e.-1—-J1 art tit: tfrirte) 45 " 4111F-4- elk, art Le-3J' t...S.L1 (Do you not -know that Allalt declared our Prophet (P.B.H.) without any exception as the last of the Prophets and our Prophet (P.B.H.) clarified its meaning by saying ' L5-ct or: ' (there will be no Prophet after me) and thus elucidated this point. If we open the door of prophetic.Wahi (revelation) after its closure, it will not be correct, and it is no secret for the Muslims, how can a Prophet come after our Prophet (P.B.H.) particularly. when after his expiry revelation ( Le" ) as well as Prophethood stand terminated).

The later. portion deals with the point whether Jesus will come again and will be the last of the Prophets. He said "our belief is that the Prophethood obtained finality by the Advent of our Prophet (Muhammad P.B.H.)".

From this last principle it would be clear that according to Mirza Sahib the prediction of descent of Jesus does not mean the return of Prophet Jesus since it would make him the last of the Prophets.

This is also stated in 'Ayyam-e-Suleh' eL4 1.1,1) published 1899, (page 146). He said:

II

15,-jr 4.> cit I

kr' e cv-a: J105 4.1 t5 at) ce 3-.Atic de. Ln.• ol) 4; ln° ce Qz 5-1 ar tig jyi ) I LtAy." j ce r ip t5 LX

c>1) uoyal'e-S5 4 cz- u t ç€ act left!. Li o1. a )5 ail-,15 '4-31 Le, Ls-e: L5St3-43 t-haL. c1 fl y elo- I Le, L55. 05— I ce 1-t . ea-, It" ire 415,S

(There is no mention. in the Quran about the 2nd coming of Jesus son of Mary. Dictum of finality of PrOphethood is mentioned there very clearly. It will be a mischief to distinguish between an .old and a new. Prwphet. There is no such distinction either in Hadis or Quran. On the pther.hand the Hadis Sart uljp ' (there is no Prophet after me) negates it in general terms (which admits:of no exception). How daring an insolence is it that the clear verses of the Holy Quran be abandoned voluntarily under, the influence_of disgraceful ideas and the coming of a Prophet after the last of the Prophets be believed in with the consequence of reviving the prophetic revelation after.the same was determined because whosoever, is conferred prophethood, his revelation must be a prophetic revelation).

In a handbill dated the 20th of Sha'aban 1314 (1897 A.D.) published in Tableegh-e-Risalat, Vol.6, page 2, he wrote 4111 L11 4-111,1 _ urg G. cat-Al i-4 c: isS Jo 154: re

411 I L5140 4

jo I (.4. ti a4LI I ar....)jo jfto

_AO ore e-4.) cAt .7. cle: ese ariD 4u 01-0 Litz J., 1":11:

- ure 4.11D r4€5I CL (We condoem the claim of prophethood). We believe in the unity of Allah, and that there is no God except Allah and that Muhammad (P.B.H.) is his Prophet. We also believe in the finality of his prophethood. We do not believe in the prophetic revelation ( ) but we believe the saintly revelation ( Le, ) which is achieved by the saints under the shadow of the Holy Px'ophet muhalmad ce,g,11,1 and by obedience to him). The word seal C r. ) whieh was given a different meaning after his claim to prophethood was used in Izala-i-Auham, page 577 in the same sense as stated above. Mirza Sahib negatived the prophetic revelation after the Holy Prophet (P.B.H.).

In I Jang-e-Muqaddas' ( ) published 1893) page 67, Mirza Sahib refuted the allegation that he Was claiming to be a. Prophet and explained Muajiza (miracle). He said Litt' ‘ri- celiskla• itridt t.nrt: tit •J 0'15 celzi a.," IC r1-41 ../ed5 L-.).tra " uee e-€0 st5 cC C( L 5 Ji.`") 7.06 J- 15 AI d te. crik 17-11e .)L-e A Le kurt-:L$5 ;I• L: uit:14.--:" e- ch.-) e5 din IA: 5 ,;11 o

C T have no claim to prophethood, This is your

mistake or you are saying this for some motive. Is it necessary that whoever lays claim to Ilham (inspiration) may also become a Prophet? I am completely a Muhammadi and a follower of Allah and his Prophet (P.B.H.). I do not want to call these signs as Muajizal ( ) (miracles). According to our religion the name of these signs is Karamaat ( c..1.1.)5) (supernatural acts performed by a saint) which are conferred upon ire by . rw-fellowing the Prophet (P.B.H.) of Allah) . Sometime before his claim to Prophethood Mirza Sahib started using about himself the word more flequently.

Nabi (Prophet)/. He was quick to explain this also in his own way in order to resolve the excitement, hostility and un-easiness of the Muslims. He said in Siraj-e-Munir ( r5 ) page 31 ,;;;;‘ that- ke y j j..." f.kJ I di45 ce r, " J_j) l ç3 L u.S" Le I Ly, I 01 J - or-- .e (..99--•;i" '1⁄25— or.-€ J LI cr4l c LrI y r c1 c11_64.1 j I " cScivri L-9}.44 I J.51 c-11 cr I r.€ ci-S cC 1:4“, Lr; U L5.555 4; r.L.,5 0.14, is5 j ieuth cS Letr: I Its] G5 Jr") it Ce e5. rti° tritl c-e.)

(It is correct that in the revelations revealed- by Allah on this servant (me) the words Nabi, Rasool and Mursal (Prophet or Messenger of Allah) had been used for him. But these words had not been used in their literal sense (every one has his own terminology). This is the terminology of Allah who used such words. We believe and acknowledge that neither a new nor old Prophets can come after the Holy Prophet (P.B.H.) in the true sense Scr\i\it4

of the word Prophethood (the word old Prophet refers to the second coming of Jesus). Quran is opposed to the coming of'. such Prophet but in its allegorical sense it is for Allah to call any Mulhim ( r4.) (who receives inspiration which Mirza Sahib called revelation)Hby-the name of Prophet or Messenger).

In a letter published in 'Lecture-e- Quadian ( ) No. '29, Vol. 3 dated the 17th August,J 1899, Mirza.Sahlb said C LtJ I 35 j6."

oast: e-e 151- Jail 5 L5,-; I:: Lb—) 4-c.; 5-€ .3 4.5 c-e l-c" I ti'a fre u., 41 crt I 46-:.n.,-•• • • • • c-e cJL.) t5 1 .0 1 ce Lea crs.).11 J 1-7.- tbirre ‘.' 41--7- (.5-:1,1 A- I ce 1111: st It - dt• c-I)51a. cS

(The correct position is. that although for the last 20 years this humble. (person) •has been receiving'Ilham (inspiration) in. which the word: Rasool or Nabi (Messenger or Prophet of Allah) has been used but he commits a mistake to under- stand it in the sense of true Prophethood or Messengership it is likely that the allegorical use of such words may be a source of mischief in Islam and its result may be untoward. These words should not .be used in the ordinary daily talk of the members of his organization). It has been already stated that Mirza Sahib said in Tauzihrul-Maram that the door of partial Prophethood: and of revelation was not closed and that Mohaddas '(pne whoncommunicates with And is addressed by God) is partial Prophet.

In Izala-e-Auham (page138) he called those persons unbelievers who considered it possible that any revelation amending or abrogating an Injunction of the Quran May be received after - the Holy Prophet (P.B.H:). Thus leaving the door of non Sharia prophethood open. But in the same book at pages 534 he held the revelation of Nubuwwat 'impossible and at page 761 he held the door of reVelation of Risalat ( ca.v )(Messengership) to be closed. This only proves that if Mirza Sahib went a step forward to say something contrary to the faith of the Muslims he took on sensing opposition two steps back to convince them that his faith was the same as their faith. Something contrary was said to serve •as a stepping stone for improving and developing his claims in future and then the Muslims faith was reiterated repeatedly as a face saving device. First Mohadassiyat was nearer prophethoed, then it became partial propheth000d' and then again the seal of prophethood was held to be unbreakable. The door of prophethood was earlier closed.' The same theme is then gradually developed till his followers are ready for the next claim.

The evolution of the theory and scope of Mohadassiyat may now be examined in the words of Mirze Sahib. In an agreement dated 3rd February, 1892 between Molvi Abdul Hakim and Mirza Sahib Which is published in Tableegh-e-Risalat, Vol.2, page 95, Nirze Sahib wrote addressing all the Muslims ' that it was redorded in his pamphlets Fath*ul- Islam ( I.LUI c;.:9 ),Tauzih-ul-Maram ( 11r 1 &ec

Izala-i-Adham (. .10141) that Mohaddas in a sense is a Prophet and that Mohaddasiyat ) is partial prophethood or imperfect (prophethood ,444). "It may be made clear that all these words have not been used in their true sense; they haVe been used in their simple dictionary meaning, otherwise by God I do not have A claim to the real prophethood. I have' already described in Izala-i-Auham ( rtiol:11)) (page 137) that :1 believe in the finality of prophethciod of Muhammad (P.13.11.). I will like to make it clear to the Muslim brethren that if they resent such words and dislike their use they may consider them changed on my behalf and substitute the word Mohaddas for them Wherever the word Nabi (Prophet) has been used it should be treated as deleted and substituted by the word Mohaddas".

In tHamAamatul Bushra I4A“) page 96, while refuting the claim of'prophethood he asserted:

141.ut, Q LS c i d e- u)5,1 ot- " jig; 41.1 I j1,1 tan '' ut. 41..S.nor. • • 6eS -43 I c

- e- c)t, ce (1.3• ci-6

(I never said to any person except what I- stated in my books that lam a Mohaddas ( ) and• Allah talks to me in the Aa% manner as he talks to other Mohaddaseen (.:ft;Jab.). Also see Aina-i- Kamalat-i-Islam '(published 1893) page 316; Silsiia-e-Tasaneef, Vo1.5; page 2082. At page 99 of Hammamatul Bushra he said "it is correct that I have said that part of Nubuwwat will be found in Tandees (act of

being a Mohaddas) but this is not a part in fact ( JtãJL ) but is so virtually ( s1,04) and if the door of prophethood had not been closed he would have been a Prophet in fact ( JA04).. It is, therefore, permissible to call him AlSablylohaddas.or the Mohaddas Prophet." And after opening the door of prophethood he attained for himself full prophethood. The claim of Messiah similarly underwent an eVolutionary. process.

Mirza Sahib wrote in Baraheen-i-Ahmadiyya that he was a model. of Messiah's earlier life and the nature of the two resembled one another. Since Mirza Sahib completely resembled Messiah, God had included him also in the prophecy about Messiah. It was said that Messiah will come to the world and spread Islam every where. This would be a physical appearance but Mirza Sahib was the object of the prophecy in the spiritual sense (page 499). According to this theory Jesus son of Mary must appear but Mirza Sahib would spiritually be his second or double which be called Maseel J.,4. (see F44kIslam page 11). In Fath-e4slam (page 11) it was stated that Mirza Sahib descended in the age which resembled the age of advent of Jesus. He declared that Allah sent the Maseel of Messiah to impart the knowledge of faith to the people, Then he said a different thing in unambiguous terms)that "He is the Messiah Who had to dome. If you like accept him" (Page 15).

This claim shook the Muslims badly. There was considerable opposition and he was 'declared an unbeliever (see Aasmani Faisala). 1111rza Sahib, as was his k/ont immediately retraced

••Q‘1\14‘1\

his steps and confined his claim to being a Maseel. (Tauzih-ul-Maram, pages 16 to 21). - He said that he had to claim to be Jesus son of Mary nor did he believe in the transmigration of soul. He only claimed to be Maseel (second) of Messiah. Just •as Mohaddasiyat resembles Nubuwwat, in the same Manner his spiritual state resembled the spiritual condition of Messiah: (Tabieegh-e-Risalat, Vol.2, page 21). Contrary .to his claim that he is the Messiah who had to core he said that may be no other Messiah may come in future. May be 10,000 other Messiah may come and may be one of them may descend in Damascus (Izala-i-Auham, page 296) or ten thousand Maseel (Second) may come. But he added that he was the Maseel of this - age and it was futile to wait for the other (ibid,page 199). Later he tore the mask and said that no Mehdi will borne after me till the day of Judgment nor will come any Mesdiah I am he who had to come -(PamPhlet dated 5th April 1905, Tableegh-i-Risalat Vol.10 page 78). This: is the Same Strategy which frequents the books of Mirza Sahib. He says several contradictory things at one time so as to take shelter behind what suits him at a particular time. Thus he n wrote an inspiration in Izala-i-Auham (page 634)" cr-J1,5111gtvrj Ode made you Messiah son of Mary) and referred to this inspiration in Arbaeen in support of his assertion that he was the 'Promised Messiah (see No.3,:,page 44). In "Mishan-e-Asmanit (Page 35) which was published in 1892, Mirza Sahib published the so called eVidence of one of his followers that he was informed my some Gulab Shah that he (Mirza Sahib) was Maseehi-Maud whose advent was promised and whose name was written in the books as Eisa (Jesus) and (at page 36) name of Eisa who had to cone was Ghdlamkhmad.

Mirza Sahib had said this as far back as 1884 in Baraheen-i-Ahmadiyya that the spirit of Jesus was blown in him like Mary and he was declared pregnant for about 10 months then was made Jesus from:Mary and bedame son of Mary, It is possible that at that.time he might have thought-it, premature:to tell this theory about the death:of Jesus or,possibly-the theory had notYbeen developed by. thatLtime. However, his intention to be Jesus, the Promised Messiah is very clear andHlt:was Articulated as a fact later for example. in Arbaeen.;-%:Aik Ghalati Ka Izala and Kaahti-e4Nuh.la'Arbaeen -(published 1900) Mirza Sahib wrote ($0.1, page 4) that he had been informed by God that he was the Promised Messiah and.Mehdi:on His behalf. This point has:been-repeated at various places in the book. In Aik Ghalati Ka Izala; page 3, he said categorically that he was the Promised Messiah. It is not .understandable:how could he be one Of ten thousand,Maseel or one of the same numberof:Messiahs..The..point:about Yaseel was taken only to appease public:opinion. At page 47 of Kashti7e-Nuh.ha wrote that he did not realise the significance 'of::this inspiration (about - Jesus and Mary) but.then•the time came ; and the secrets were disclosed to him and than he found that there :was. nothing new in this claim of being the Promised Messiah_ This was the same claim which was written several times clearly in Baraheen,i-AhmAdiyya.

It is further. stated: that God said about him that He Would make him a sign and in the revealed writings,<Ithe ,pmainAgiof Aviary and

Jesus.Wereilge*IWbiM4,4t was aid-abbtithilkthati3odshall make him 'a sign. It was also said that he was the same Jesus son of Mary who had to come. He is the truth and he is the Promised one (ibid page 48).

Mirza Sahib laid claim to Prophethood after some further.. build. up of his followantin the year 1901. As stated above he had already been preparing -the Muslim public for his claim of Prophethood since the publication of Baraheen- i-Ahmadiyya, Vol. 3 and 4. The Muslim community of Punjab and then of the Indian Sub-continent had long anticipated this claim; The members of the family of Mirza Sahib had started calling him an impaster several.. years before his claim of being the Promised- Messiah and the Promised Meht. The claim to prophethood was first made J in the pamphlet ilAik Ghalati. Ka izale (published , with the opening of the 20th century in 1901).

Before the actual claim,as already seen Mirza Sahib tried to refer to the alleged revelationsabout Prophethood but tried- to mask those references by the assertion that the word Rasool (Messenger) or Nabi (Prophet) for him-had been used in a metaphorical sense and not in the real sense. In Arbaeen' (published in 1900No. 2, page 18) he referred to what had already been said in Baraheen- i-Ahmadiyya "This 'is Rasool (Messenger) of God in the vestments of the Prophets"; In the margin he said that this word had'been used only metaphorically. At pageH44 of Arbaeen (N0. 3) he wroteMod is He who sent his Rasool (Messenger) meaning this humble self with. guidance .1r1

!I

religion and reform of morals. He was asked to inform (his opponents) that if he was aninventor of lies he would perish as it was a crime. In support of this theory of destruction of liar he relied upon Q 40:28 (Nb. 3, page 5)

TI

(If he is lying, then his Iiet:is upon him). Mirza Sahib translated first portion of the verse as meaningdlt-i-ealie-L.

,,L.6..7- e , .Licc...g at.

,(If this 'Prophet is false he :would perish by his falsehood);

This translation is:not corredt. On the other hand the established principleAis that such'a person is given a long rope and this principle was referred to.byYMolvi Sanaullah Amritsari when Mirza'Sahth predicte4:the,death of whoever was false: or wrong among. them,.'ruling that such a person must perish.

At page 7.of Arbaeen to.. 4, Mirza. Sahib advanced a.step further, and claime&to be a Prophet with Sharia. This he, did by:introducing some changes-in the Aefinition-ofTrophet with Sharia. The earlier definition of such a Prophet was that he: brings new Shatia or amends the earlier Sharia. He now. defined Sharia as something "which described sameInjunctions ) and prohibitions ( ure.: ) through the revelation and prescribed:a law-for his Ummah. Such a person is a man with: Sharia ( From the point of View of.. this definition also our opponents are 'accused persons. .(subject to blame) becuase in my revelation there are Injunctions ).1 ) as well as prohibitions (u71,.:). The revelation written in Baraheen-i-

Ahmadiyya, i.e.

Q.24:30 19-"P't 9 red LS: I 5à4 &4-1j J-; " tb-S ji S.J I

Tell the believing men to lower their gaze and be modest. That is purer for them., Lo! Allah is Aware of what they do.

consists of Injunctions as well as prohibitions and this-was TeceivedThy me twenty-three years ago. In my revelations there: are. injunctions , and prohibitions till to'r day., Now if you say that Sharia means: only that Sharia in which there are new Injunctions thehthis Is absolutely incorrect? This,was anew theory and a new definition of Sharia introduced to butteress his claim/to Prophethood with Sharia.

In AlMalluzat, Vol. 10 (pertaining to the period November 1907:to 6th July, 1908, at page 267) he said in reply to a question that whatever communication from,God was received by HMI should not be taken to mean that it was a new Sharia orthat it,was anew Nubuwwat (Prophethood) or -a Nubuwwat (Prophethood) with Sharia. But he had been called a- Nabi (Prophet) on account of frequency of; communication from God andcd the meaning of

Nabi (Prophet) is person who gives news'.

Here again distinction was' made between Nubuwwat (Prophethood) with Sharia and one without Sharia. This assertion is again contradictory to the definition stated in Arbaeen (No. 4 page 7).

In the pamphiet:'Aik Ghalati Ka Izala' Sam he said that wherever he had denied about

Nubuwwat:tProphethood) or Risalat (apostleship), it was in the sense that he had not brought with him a permanent Sharia nor he was a permanent Nabi (Prophet)... This assertion is, however, contradicted by the abrogation of Jihad about which there are specific Injunctions in the Holy Quran and the Sunnah of the Holy Prophet (P.W.H.)

In Da&ul-Bala published in 1901, Mirza Sgab wrote that true God is He who sent His:Rasool (Messenger) in Quadian (page ll). In 'Haqiqat-ulhit page, 391-, he write that he was exclusively chosen'from-the. Draft:to receive the di-Vine revelation aftd sedret - knowledge in abundance and this_blessing was not conferred upon different degrees ofHsaints, Aulia ( -41.9 1 ); Abdal ( J 1411 ) and Autar:(f ,. , before him. For this reason:he had been specified for being named as Nabi (Prophet). All other people were not entitled to thiamame'because in them was not found primary conditions of their being recipients of the:revelation:and the secret knowledge in. abundance.

The order of - Jihad was abrogated in 1900, It is Stated:12p Arbaeen tNo. 4), page 15, that "the Promised Messiah is the-manifestation of the Holy Prophet (P.B.H.) in amiability. For this reason it was said C;;',..WEat (he will eliminate war or will not go to war). In Majmua-e-Ishteharaat (Vol. 3 from 1898 to 1908), page 19, Mirza Sahib wrote that "as my followers increase- those why-believe in the principle of Jihad shall go on decreasing because to accept me as Messiah and Mehdi amounts to denying the

principle of Jihad". This amounted to the abolition of Jihad. In 'Jihad and, Government-e- Angrezi', page 14, he wrote "look! :I have come to youwith:an Injunction which is 'to the effect that from now onwards there is an end to the Jihad by swordg The onlY:Jihact which remains is that of purification of:oneself"(also see Khutba-e.LIlhamia; page29; . Tuhfa-e-Gulrivia .(supplement); page 41; Tajalliat-e-Ilahla, page 4; Taryaqul Qulub, page 332). Mirza SahllYs definition of a Nabi (Prophet) has already been from Arbaeen (No. 4), page - 7. Thatbookvaswritten in 1900. It also includes the orders about the prohibi- tion of Jihad as already stated. It would clearly 'follow that the right to abrogate Jihad which is based On - Quranic Injunctions was exercised by Mirza Sahib as. an:alleged Nabi (Prophet). In this way he undertoolythe task of completely abrogatingthe alleged Sharia and achieving 'what' he called Nubuwwat-e-Tamthah (perfect Prophethood) This point about perfect Prophethood:was discussed by' Mirza cAbthadi:inKalimat-u17Fasl, pages 112-113: He discussed the three categories of Prophethood:

(1)the real Prophethood in which-the Prophet brought Sharia; (2) the Prophethood in which no Sharia was brought:by the,-Prophet;ciarid (3) the shadowy-(Zilli) Nubuwwat which according to the Quadiani view is achieved by strict obedience to the Holy Prophet (P.B.Hj. Referring to the Objection that the Zilli Prophethood is an inferior type of Prophethood, Mirza Bashirl7M ,77., cAhthaancalled it a self deception which had no

reality because it was an essential ingredient of Zilli Prophethood that a man should sink himself to such an extent in the obedience of the Holy Prophet (P.B.H.) that he may reach the stage "I have become you and you have become I". In sucheircumstancesThe will find descending in.himself:In the form of a reflected image, all the perfedtions of the Holy Prophet (P.H.H.), and the td0 wiThcome.snear to each. other that covet sheet of the Prophethood of the Holy-Prophet (13.&H.) will- be spread on him, he may then be called a Zilli Prophet. So when this is the demand or requirement of the Zil (shadow or,:fefleete4 image) that he should be a complete picture ofthe original-and there is consensus of all the Prophets on this point- that fool whb considers the Zilli Prophethood of the Promised Messiah as inferior and imperfect should come to. hisS senses and be wortiecLabout his Isiah because he attacks the glory of that Prophethood Which is.. the best of all Prophethoods.,I cannot understand why people stumble on the Prophethood of the Promised Messiah and Why some people think it to be imperfect because as I see, he was a Zilli Prophet on account of re-appearance (Buruz) of. the Holy Prophet and the status and position of such:Prophethood,is very high. It is clear that in old ages it was not required of the Prophets to have all those perfections which were the,peculiarity of the Holy Prophet (P.B.H.), On the other hand each Prophet received the share of perfection according to his talent and worth, some got Much and some .A-mP^N

little, but the Promised Messiah was conferred prophethood only when he had attained all the perfections of the Holy Prophet (P.B.H.)." It has been noticed that one of the grounds for denying the second advent of Jesus son of Mary was that he was a Prophet while prophethood had come to an end thirteen hundred years age. Mirza Sahib could not let this principle be free of equivocation. In Izala-e- Auham (pagesft10) he said that it was true that the coming Messiah had been described as Prophet within the Ummah of the Holy. Prophet but this prophethood would be imperfect prophethood. This was later )- developed by Mirza Sahib into perfect prophethood, Tashreii prophethood and prophethood superior to that of other Pitphets.

Mirza Sahib in no uncertain terms said that the door of coming of Gabriel in connection , with revelation was closed (Izala-e-Aitham,page :761). But this did not thwart his design, or programme. He frustrated the need of Gabriel, by claiming to be in direct communion and communication with God and to be His addressee. But even this was not a satisfactory arrangement and did not bring him to the level of perfect Prophets. He therefore claimed that Gabriel came to him. In Haqiqat ul Wahi (page 103) Mirza Sahib said:

all I 5.4 J; ; I 3.4 ,..51/ es; I lja.1 I; " torloi tsz I 411 cj

t- t_tz;ibtruiste ce4

The English translation of its urdu rendering by Mirza Sahib is as follows :- "And they will say from where did you acquire this position. Say that God has so many wonders. Aeel came to me and he selected me and he moved his finger and pointed out

the Promise of God has arrived. Blessed is he who receives it and looks at it, Various diseases will be spread and many calamities will cause loss of life."

Aeel was explained by Mirza Sahib in the margin as meaning Gabriel.

The coming of Gabriel is a sign of the perfection in prophethood and this makes Mirza Sahib, a perfect prophet.

These paragraphs clearly established that Mirza Sahib was not considered as an imperfect Prophet, on the other hand he was considered a perfect Prophet like the Holy Prophet (P.B,H). This is also proved by the fact •that Mirza Sahib was considered to be higher in status than all other Prophets. The equality or even superiority of Mirza Sahib can be traced to what he said about himself in Baraheen-i-Ahmadiyya, Vol.4. He referred to different alleged revelations in which the names •of Abraham, David, Joseph, Jesus, etc. had come and after reproducing each of them he wrote that he was meant wherever the reference was to these Prophets (see pages In Malfuzat-e-Ahmadiyya, Vo1,4, page 142, it is said that Mirza Sahib said in respect of the perfection of the Prophets "different categories of perfection werefoUndinother Prophets, but our Prophet (P.LH) excelled all of them in this respect. The Holy Prophet .(P.B..H.) has now conferred all those perfections in a Zilli manner (manner of reflection) upon us (it may mean thatal those perfections are • reflected in Mirze Sahib) for this reason our name is Adam, Abraham, Moses, Noah, David, Joseph, Soloman, John the Baptist (Yahya) and Jesus," At an other place he said "previously all the Prophets were shadows of the main r

:A "

qualities of the Holy' Prophet CP.01',7 now-We fc7P \4

are the Zil (reflection) of all the qualities of the Holy Prophet (P.B.,H,)",

There is no difference between Zil (reflection) and the ortginalself. Practically one is the. second or the 'double of the other. This is also established from the - claim of Nina Sahib that he. Was the Zil of the - Holy Prophet (P,B,H,)- in all his perfections- while each. of the other Prophets was the recipient of lesser number of perfections. It is clear that according to Mina Sahib in matters of perfection or superiority he was equal to the Holy Prophet (p,a,11.)• and Much superior to the other Prophets.

In Beraheen,i,AhMadiyya there are a number of revelations in. the, form of verses of the Holy Quran which, were revealed in respedt of the Holy Prophet - (1P,Litj, Mirze Sahib claimed that all these verses had been revealed in his respect also and he was the 'object 'of' those Verses-, An endent example of - it is verse 48:28 S,Jlov ajaa-1444...)J1.21‘ sal1/4 "7/9.0tle- Otherexampaes,arer.Q 8U7; .Q 682; Q 3:31'1 Q etc,.He had, therefore, laid theloundation of his being-equal to the Holy Prophet (P,RJC) in Baraheen- He. 'claimed to have. received revelations Tittering three hUndred thousands out of which fifty thousands were about, receipt of money from different • sources', At various other places Mirza Sahib tried to demonstrate that the. signs received by him were - much in excess than the signs :given to other 'Prophets like. Noah, Joseph. and Jesus,

In Kalimatul Fasal (Review of religions No. 3, Vol; 14, page 147) -Mina ....Bdshi said that it is not possible that one who denies the Holy Prophet.(P.B.R.) may be an un-believer bufl_person denying the Promised Messiah may.,not be an infidel. 'If the denial of the first Advent be disbelieved the denial of the second Advent in whickaccording to the Promised Messiah EIS spirituality was stronger, more perfect. and more.eomplete must net be treated as infidelity.

The sedond Advent,is the Prophethood of Mirza Sehib. While comparing the spirituality of the HolymProphet (P:13.1L)..and that of Nina . Sahib it is said that:it is strongermore perfect and more 'complete which_ Is:a measure of his superiority over the. Holy13rophet: (P,13.H.) too. This is proved,by an T4pisode_which happened during the life' time of MirzaZehib, One Qazi Akmal a Poet who:was the follower of Mixza Sahib wrote 'pane/'cal poetry' for Mina Sahib which. was published in Newspaper' 'AI,Hedae of Quadian, dated the 25th October;;1902,:.One'of the couplets of the poetry was ldt""48 ;11.0 Ur° re ore ell.; 4°.-4 (lithihammad has descended' again amongst us and excells more in his erdinencean&glory) (see palftm-eSuleh,Hishere No. 47, Vol.22, dated the 30th November., 1944; Quadiani- Mezhab, pages

260-261). H

The reference to the second Advent of Muhammad in this couplet means thar:Muhemmad has: re-appeared in the. 'form of Mina Sahib and his pomp and glory exceeds the eminenceof the Holy \ Prophet (P,B.H.) (Khutba-e-Ilhamia). cc S

-C141\11\

The next step is that of claiming finality of Prophethciod for himself this will be evident from the following:

"The real worth Of the finality of Prophethbod of Muhammad cannot be appreciated by any one except one Who like the last of the Prophets <441,.:601 Because the appreciation of reality in any thing depends upon one to whom it belongs, -This- is a proved -fact that finality belongs either to the Holy Prophet (P.B.4,HA OT the Promised Messiah. TashhedZul-Azhan Quadian, No. 8, Vol. 12, 1st end 2nd August, 1917: Quadiani Mazhab, page 167',*.

In short . I an the only person in this. Ummah Who on account of abUndance of revelations and knowledge of hidden matters has been specified (for Prophet- Rood), None of the Saints whether Qutab or Abdal (mendicant of-the Highest-reiigious order) of this Unimak Was, given such :a high share of (divine) grace; only I have. been particularised to bear the name:of !Prophet., others- are not entitled to this. name BeCamae of the pre-condition of copious. 'revelations and abundant 'knowledge Of bidden matters which. none Of them' fulfils. And it Was necessary that. it should. have. happened. This was the only way- for fulfilment. of the prophecy of the Holy Prophet CP,BH,),If other righteous persons who have 'Been before me had shared in spoh abundance divine communicationaddresa and . (knowledge'of) hidden matters, they-wouldhave been qualified to be called Prophets. In that situation the prophecy of the. Holy Prophet •CP.B..1%). would have 'received a crack, For this reason the divineba0prevented those 'righteous.. and Virtuous persoAS from being the 'AbablUte reCipient of thia.graciousness so that as

is mentioned in the authenticated traditions, there would be only one such person ( (Haqtqat ,u1-Wahi, page 391), This passage reflects the view of Mirza Sahib about his being the only Prophet after Muhammad CP.B.ff.) TAThci Being the manifestation of }lune-a/mad P.BJtj is entitled to that name. It would, therefore, follow that he and not the Holy Prophet (P T B ) is the last of the Prophet. This would Be more evident from the following cit at ions "I have stated many a times that by virtue of the verse Q 623 5LPL U re.:. ova" (along with others of them who have not yet jOined them), I am the same Khatam- -ul-AmBiya (last of the Prophets) by way of Buruz (manifest at ion)"(Aik Ghalati Ka Tzala, page 5).

"I am the final means of access out of Hp the passage (leading) to God, I am the last light out of His lights" (Kashti- e,-Nukr., page 56).

r:6-,slit.j›...j 011,(But he is the messenger of Allah and the last of the Prophets).• There is a secret prediction in this verse that Prophethood has been sealed till the day of judgment •except the Bturuzy person which • is the personality of the Holy Prophet (P.B.H.) himself; no one is capable of receiving openly from God knowledge of the hidden things C 4,..,4423.0•1 ) like the Prophets. Since I am that manifestation of Muhammad (Buruz- e,Muhammadi-(4-6---.. ) the Prophethood in the Buruzy way (by way of incarnation) was conferred upon me. Now the whole world is powerless before this Prophethood because there is a seal on it."' One incarnation of \Of Muhamina& (13-,13-,W.)- with all the perfections 'f Thiuhainma'd' ,B .H,) was destined to appear \Ultimately and' he has now appeared", Aik Ghalati Ka Izala).

"Let it be known that finality was given from eternity to Muhammad (13..B.L). It Was then conferred upon one to whom his spirit imparted knewledge and made his ,shadow"

(Mal_FatAm,: fi AdamwalMaseeh-i1-_ ilauood,Zameema Khutba-i-s-Ilhapia page' 13-( tr. ), - It was destined by. Cod for the ultimate period . that it will be A period of return ) so that thia. Ummah. May, not in any manner, be inferior to ether Unnabas So after creating me He made me the like/leas of . all past Prophets- and gave me their names. was thus- named in Baraheen-e-Ahmadiyya as Adam, Abraham, Moses, Noah, David, Soloman, Joseph, John the Baptist, Jesus- etc,. as if in this manner all the old Prophets were reborn in this Umnah. till finally was. BOan the Messiah_ All my opponents were named Jes44christians and pelytheists (quzul ul Maseeh page - 4; Ralimat ml Peal page 133), These Writings. were. explained by the successors of Mirza Sahib,.

- Mirza BAshir Ahmed said in Kalimat ul Taal (Page 116) that "the appearance of a number of Prophets after him (the hely.Prophet) means that the flatus, ofythe Holy-Trophets God forbid is so ordinary - that many, a persons, can Be Muhammad the messenger of Alah..150eAUeo;t wficieVer ka a holder of shadowy prophethood . willrbe known.asHMuhamMadmeasenger- of Allah. on account of all attainment of the. perfections of the Holy Prophet,\Foflhia—teaebnOnly One petSOMAttained the 'flaition—of'Prophet.'

Thi.s clinches: the matter. All the theeries for opening. the. 'door of.Prophethciod were only for the eakeHof.Mirza Sahib alone, The argument which was sood against opening the entrance of prophethOod was 1.21timately adopted But after merely an exception in ,favour of Minza Sahib,

"In Ejazul Massiah it is clarified that there will be two Advents of the Holy Prophet. The first advent was the Manifestation of the name of Muhammad while the aeaond advent (advent of Mirza Sahib as buruz) is for the manifestation of the name; Ahmad" (Kalimat pl Fasl page 140). A third advent was thus negatived.

illTiabkhteulsAzhan _ of Qadian (No.8 Vol 12 page 11 dated August 1917.), it was stated that only one - Prophet was named after the Holy Prophet and the advent of manylProphets amounts to making holes in God's government and Prudence (Qaudiani Mazhab page 196).

It was -further stated in the same journal of March:1914 (No,3; Vol.9 pages 30-32). "It is therefore proved that no more that.. one Prophet can come •from the Ummah of the Holy Prophet. For this reason he gave the news of the advent of one Prophet of God only from his Ummah. He is the Promised Messiah. Except for him no one was named the Prophet or messenger of God" nor information was given of the advent of any other Prophet. On the other hand the advent of others was negatived by saying 5.341 co: U (there Will be no Prophet after me) and by describing openly that no Prophet or meesenger can dome • after me,'" (Qaudiani Mazhab, page'197).

Now 'compare these assertions of Mirza Sahib and his successors with some - contradictory dicta. In.Ek Ghalati Ka Izala (page 7) Mirza Sahib said that though the 'seal of prophethOod shall hot !cry be broken bUt it is possible that the Holy Prophet may comp in this world in the buruzy manner (as incarnate) not •only once but a theusand times and 2sts

may manifest his prophethood and perfections as incarnate.

In lecture Sialkot page 22 Mirza Sahib said that it is necessary that to take you to the stage of love and certainty the Prophets of God may continue nothing."

Mian Bashir ud Din MahMud said that thousands of Prophets could come '(Ahwar, e-Khalafat page 62, ectoQuadiani Mazhab page 180). They will continue 'coming till the day of judgment (Alfazal Quadian dated 27th Febtuary71927 No.68 Vo1,14 Mirza Bashir ud Din MAhmud4jQaudiani Mazhab, page 181). .

In Haqiqatul Nabuwwat page 138 he said something different; He said, "for this reason we believe in one Prophet only in this Ummah. The future Is (concealed) behind the curtain of mysteries (Qaudiani Mazhab, page 179).

Answering some questions he wrote that •the fourth question was whether any other Prophet shall 'come after Mirza Sahib and whether the Ahmadis shall believe in him when he comes. The answer to this question is that !IA Prophet can come After Mirza Sahib but I cannot say with certainty whether such a Prophet Allan come. It . appeats from the books of the Promised Messiah that such a Prophet will come. When he comes It will be necessary for the Ahmadis to believe lnYhim (Maktub Mian Bashir ud Din Mahmud AhMad printed in Alfazal Qaudians, dated 29th April, 1927, No.8.5. Vol,14Qaudiani Mazhab page 179). A further alteration in the theory of advent of Prophets iS visible from his answer to the question whether there was a possibility of the advent of a Prophet after the Promised Messiah? and if so

p what was meant by calling Mirza Sahib as the Prophet of the last age. He said that the expression "Prophet of the laet*age" is a technical phrase which meant that no one could attain prophethood except through him (Mirza Sahib) (Friday address of Mian Bashir ud Din MahMood AhMad printed in Alfazal No.120, Vol.2 dated 2nd May, 1931 c falUadiShfl. Mazhab page 180).

All these afferent statements of Mirza Sahib or his successor are in liNe with the policy of Mirza Sahib to say simultaneously in the same book, or pamphlet or successively in succeesive books or pamphlets different and even contradictory things. However the quotations from the books of ' Mirza Sahib and from Kalimat ul Fasl and TashheeZ ul Azhan established that Mirza . Sahib virtually claimed to be the last of the Prophets, Allama Iqbal's discussions of this subject throw; more light on these theories. He said (see Thoughts and Reflections of Iqbal by Abdul Waheed pages 266-268.

"The founder's own argument, quite worthy of a mediaeval theologian, Is that the spirituality of the 'Holy Prophet of Islam must be regarded as imperfedt if'-it is not creative of another Prophet. He claims his own prophethOod to be an evidence of the Prophet-rearing power of the spirituality of the Holy Prophet of Islam,; But if you further ask him whether the spirituality of Muhammad is capable of rearing more Prophets than one; his answer is "No". This virtually amounts to saying: Muhammad is not the last Prophet; I am the last." Far from understanding the cultural value of the Islamic idea of Finality in the history of mankind generally and.df Asia especially, he thinks that Finality in the sense that no follower of Muhammad can

ever reach the status of prophethood is a mark of imperfection in Muhammad's prophethood.As I read the psychology of his mind he,in the interests of his owt claim to prophethood,avails himself of what he des- cribes as the creative spirituality of the Holy MmphE of Islam and at the same time deprives the Holy ProphE of his Finality by limiting the creative capacity of his spirituality to the rearing of only one Prophet, i.e.the founder of the Ahmadiyya movement.In this wa does the new prophet quietly steal away the Finality of one whom he claims to be his spiritual progenitor He claims to be buruz of the Holy Prophet of Islam, insinuating thereby that being a buruz of his, does not violate the Finality of the Holy Prophet.In identifying the two finalities,his own and that of ti Holy Prophet,he conveniently loses sight of the tem- poral meaning of the idea of finality.It is,however, obvious that the word buruz in the sense even of complete likeness,cannot help him at all; for the buruz becomes identical with the original.This if we take the argument remains ineffective: if,on the oth( hand,we take it to mean reincarnation of the origina: in thel'Aryan sense of the word,the argument becomes plausible;but its author turns out to be only a Magian in disguise..

It will be noticed that there is no sharia principle allowing the advent of a Prophet after the Holy Prophet.There is no concept in Sharia of buruz, hugul,Zil etc. The traditiol regarding the second coming of Messiah and advent of Mehdi cal by no stretch of •imagination apply to Mirza Sahib. He therefo] raised the whole superstructure of his claims on Taaweel not only of Quranic text but of traditions too.QM4dian became "Damascus,Masjid-e-Aqsa is the mosque in Quadian.His: t.

ja4imahL 11t was necessary

to remove Jesus from the field and this was secured by the theory of his natural death in Kashmir. He was asked to show the miracles shown •by Jesus and in answer he ridiculed the Jesus and his miractrus prooet. The claim of prophethood had to result in anamolies. These effects of his claims have been partly noticed. Some more anamolies may be seen.

He prepared a dictum that he was only competent to

interpret the Quran correctly and to verify the correctness of Hadees,,.'

Let us understand the Muslim view about Jesus and Mirza Sahib's treatment of him. To believe in all the Prophets and messengers of Allah is a part of the faith of a Muslim.

Q.2:4

.And who believe in that JY1 L os4cn-05 " which is revealed unto thee ' Ai Cs J.21 L S.41 (Muhammad) and that which was revealed before thee, and 0 Cd.r5.1.eri&X114., are certain of the Hereafter.

Also see

Q.2:177

(Believe in Allah and •the cor7Leriasirs;... n, , -Cr messengers).

Q.3:179; Q.7:158;

Q.4:136

(Believe in Allah and His •a-j a ',CU messenged Another principle which is established is that Muslims cannot distinguish between one Prophet and another.

Q.2:285

It is not for the Muslims to ail &et jai U distinguish between one Prophet and another.

It has been related on the authority of Abu Saedd Khudri that the Holy Prophet said 1 0U (Do'not prefer in excellence ong“ Prophet over the other).

It has been related by Abdullah bin-e- gaafar that the Holy Prophet said:

cn 4.)-• 0.0 JA c, (It is not lawful for any Prophet to say I am better than Jonah ( ) Bin-e-Mata)

It is reported on the authority of Abu Saeed Khudri that •a Jew who had received beating from a companion of the Holy Prophet came to him (P.B.H.) and complained that one of his companions had beaten him. The Holy Prophet asked why he was beaten, He (the companion) saidjhe (the jew) had excelled Moses over you. The Holy Prophet said "Do not give excellence or superiority to one Prophet Over the other "(Musnad Ahmad Vol.3, pages 40 and 41).

In Bokhari the stern reaction of the Holy Prophet to the complaint is proved by the words d 511 dt.1° 411 I l5L H (the Holy Prophet was so enraged that his Anger was visible on his face).

The Holy Quran describes the birth of Mary her upbringing, the birth of John the Baptist as a herald of Jesus and the birth of Jesus • in some detail. (See. Q.345 to 49). The verses relating to the birth of Jesus are reproduced below:

Q.19:16

,e And make mention of r,. ‘7..z5...1 1 1 Mary in the Scripture, when tete 1 0. 'i.L31 she had withdrawn from her people to a chamber looking 0 East,

Q.19:17 .

And had chosen se- c.).• 6.1"...N.Z1.1 clusion from them. Then We , Lir sent unto her Our spirit And it assumed for her the likeness Loy.) 1—...e.11 . of a perfect man. o to—

Q.19:18

She said: Lo! I seek refuge in the Beneficent One from thee, if thou art God- fearing. 0

He said: I am only a 1:1 messenger of the Lord, that I U may bestow on thee a fault- lest son.

0 c-S 1.13

Q.19:20.

She said: How can I tr.:1 c..11-; have a son when no mortal hath touched me, neither have I been unchaste? o tra.: s t rJjj

Q.19:21

He said: So (it will be). . SJI.IS We; Thy Lord saith:iIt is easy for Me. And (it will be) that cie.-“Pre We may make of him a reve- if., Lu lation for mankind and a IS, C Ls. metcy, from:Us; and it is a 0 strojai. ir I thing ordained,

Q.19.:22

---And she conceived 41..! him, and she withdrew with him to a far place.

Q.19:23

And the pangs of oat.;-....11 1.4 sleU Childbirth drove her unto the trunk of the palm tree. She 04. c...11Li-lh:JI said: Oh would that I had • I died ere this and had become a thing of naught, forgotten!

Q.19:24

Then (one) cried unto Ut 1.43 Li her from below her, saying:

Grieve not! Thy Lord hath placed a rivulet beneath thee 0 1.4

Q.19:25

And shake the trunk of the palm-tree toward thee, Si Sat; a-ls..d I thou wilt cause ripe dates to fall upon thee. 0

Q.19:26

So eat And drink and Uvr° al; Cert be 'consoled. And if thOu meeteat any mortal, say: Lo! I have Vowed a fast unto the Beneficent, and may not speakokr.J10,)Irici c4i t)., this day to any mortal.

Q.19:27

Then she brought him ZU

to her own folk, carrying him. et t4 ji•J L i;

r4r- IP" They said: 0 Mary! Thou o\)_;

hast come with an amazing thing.

Q.19:28

Oh sister of Aaron!

Thy.father was not a wicked man nor was thy mother a harlot.

Q.1929

Then she pointed to him. They said: How can we talk to one who is in the cradle, a young boy?

Q.19:30

He svake: Lo! I am JSJ the slave of Allah-. He hath given me the Scripture and hath appointed me a Prophet,

Q.19:31

And hath made me uz •SL otyrjilt. 0J-4.7, blessed wheresoever I may be, and hath enjoined upon me 2501.44 prayer and almsgiving so 0 11)13 long as I remain alive.

Q.19I32

And (hath made me) tsj-ce= (-5• - Li-I-151 Go dutiful toward her who bore o istras —, me, and hath not made me arrogant, unblest,

Q.19:33

Peace on me the day I was born, and the day I die; and the day I shall be raised ith• r 5". 5 alive t. 0 Ivo- 'Sat

QI.19V34

Such was Jests, son re,ot I tree, SJ I of Mary: (this is) a statement sr; 3J1 of the truth concerning which they doubt, 0

Q.3:45

(And reMeMber) when I the - angels said: 0 Mary! Lo! S • al I • I Allah . giveth thee glad tidings of

a word from Him, whose *moor .41- .• name is the Messiah, Jesus, Cn I trr trisi 1 son of Mary, illustrious in the world and the Hereafter, and U uJI one of those brought near or:pi 0. (unto Allah).

Q.3:46

He will speak unto 4........11 csity,L;_JI rico mankind in his cradle and in hiaManhood, and he is of the > 4111 righteous-.

Q.3:47

.IHShe said: My Lord! 0-1 oh How can I have a child when . J • ti--.1,-J5 no mortal hath touched me?

j,,.JJ1‘5.J13S,Jti He said: So (it will".be). Allah createth what He Will. If He 1).1tri,a1:31 • dedreeth a thing, He saith unto00 os4j JAL:u it only: Be!, and it is.

Q.3:48

And He will teach him the Scripture and wisdom, and 0 je-..."An5.0.0115 the 'Torah and the Gospel

Q.3:49

And will make him a messenger unto the children ts.:1 to Isreel, (saying).: Lo! I come unto you with a sign from your riel 3-6-1 Lord. Lo! fashion for you out of clay the likeness of a bird,.and I breathe into it and telsCAJAci 6" it is a bird, by Allah's leave."65111,S,A , 411 04 I heal him whO was born blind,04 6;11.11 00.1.xn UI, and the leper, and I raise the L'aq IS114.11 dead, by Allah's leave. And I announce *to you what ye 01 r-C7.1.11 Ui. ()Ay> eat and what ye Store lc in rila-stSJIi (Si your houses. Lo! herein verily 0 0.e.-.4).

is a portent for you, ye are to be believers.

Verse Q..1:49 deals with some Miracles of Jesus which were given to hime sign. However several verses refute the concept of divinity of

Jesus e.g. Q.3:59; Q.4:171,172.

Mirza Sahib on the one hand claimed superiority over all the Prophets and messengers of God and on the •other hand used derogatory language against Prophets particularly Jesus. He claimed superiority over Jesus and said: "God sent the promised Messiah in this Ummah, who is-mubh superior to Jesus in all his glory. I swear by Him in whose Hand is my life that if Jesus had been in this age he could not have done what I can do and could not show signs which I can show." (iacieeqat ul Wahi,page 148). In Q.349 are described the miracles of Ueeus: 114 fashioned out bf clay the likeness of a bird and breathed into it and it bedame 'a bird. He could heal the born blind, and the leper and raise the dead. These Were signs for him. Mirza Sahib who claimed to be the Promised Messiah, the likeness Otaseel J.4:4) of Jesus was asked to show any such miracle. He denied the miracles of Jesus and said that description in the Holy Quran about the miracles was only allegorical:

The belief in such miracles of Jesus was condemned by him as Polytheistic and we/use than heresy (Izala-i-Auhem page 296). He denied that Jesus could perform miracles and wrote that he filthily abused those WhO demanded miracles from him called them bastards. From that day onwards the - gentlemen avoided him, (Zamima Aniam-d-Athem page 6, margin). He then took a different stand and wrote it was possible that God might havel4nparted knowledge to Jesus of the mechanism for making the lifeless and the)toy birds to fly. (Izala-i-Auham page 302) or may be he indulged in meemerism which he - improved by

his spirituality (ibid),page 322). There was a pond in those days from which many signs were manifested. It is possible that Jesus used the clay of that pond ......,He had nothing in him but deceit and deception (Zameeta Anjam-i-Atham page 6 margin; Izala-i-Auham page 322), Mirza Sahib wrote that this was now established with certitude that Jesus was an expert in Mesme4m. He bad acquired his perfec- tion by the permission and the order of God (Izala-i-Auham, page 309). If Mirza Sahib did not have 0 low opinion, about or hatred for megmerisrpt he would have equalled Jesus in the performance of that art (ibid), Regarding the birth of Jesus Mirza Sahib said that it did not prove •his greatness Adam was born without any father or mother. Thousands of Inigects are born by themselves during rain'14\ season. In fact the birth without.father proves that he was devoid of some muscles ( )(Chashma-i- Maseehi page 18). The reference clearly appears to what Mirza Sahib remarked about the disqualifications of eununch in connection with Jegus who did not may (see Maktubat-i-Ahmadiyya, Vol.III, page '28). Mirza Sahib said that his (Jesus) pedigree was extremely popTs-.: Three of his paternal and maternal grand-mothers were Adulteresses (Zameema Anjam-i-Atham, page 7, margin). He accused him of having a talent for using abUsive language; of losing tenper and even of telling lies. (ibid page5 margin). Once.Mirza Sahib was advised to use opium, He iMmediately observed that people will then say that the first Messiah Was a drunkard and the second 8.171 OpiUM eater.

I have given only a few quotations consisting of vilifying,disdainful and conteptuous remarks of Mirza Sahib •about a great Prophet of God. I have generally avoided to cite • those remakrs about which his excuse is that they were in the nature of response in disputations with Christian missionaries who used much more abusive language for the Holy Prophet. This may be considered lawful by a disputationist but Islam does not allow the use of language Which is - npt respectful for any Prophet pr messenger since to believe in their prophetic mission is an article of faith with a Muslim. There may be many dispara, ging things about Prophets4like Noah and Lot in the Old Testament but according to the• Islamic concept a Prophet is incapable of sinfulness. A leader of his people whose mission is to inculcate virtue in his community • cannot be bu.tvirtuous himself. The description of pregnancy of Mary and the birth of Jesus in the Quran is simply ennobling but Mirza Sahib compared it with the birth of coutless insects in the rainy season. Mirza Sahib is prepared to concede 'miraculous properties to the clay in a pond but not miracles to a Prophet of God. It may be recalled that the 'mosque adjacent to the mom of Mirza Sahib was named by him as bait ul Zikr.- In Baraheen-i-Ahmadiyya ,Mirgam Sahib had appropriated for it the qualification of Kaaba or Bait ul Harem Mecca by saying that any one who enters it is in safety or peace, He thus implied that it was like bait ul Haram.

The next step was to allaViate the status of Qadian and make it equal to Mecca. He Wrote in

Dye Sameen page 52 ‘ri c) °v..;

till- rt. -43 •(The land of Quadian is now sacred.It is the land of Haram-e- Kabba on account of its drawing huge crowds).

By itself this couplet might not have meant much but it is extremely relevant on account of other circumstances.

In Aina-i-Kamalat-i-Islam (Page 352) Mirza Sahib ruled that the heavenly reward( trly.:) of attending the annual meeting held in Quadian exceeded the reward of supererogatOryHaj.

Mirza Sahib prevented Sahibzada Abdul Latif from going to perform Haj.He stayed in Quadian,to learn Ahmadiyyat (Qaudian Mazhab page 363).

Mirza Bashiruddin Mahmud Ahmad made the visittto Qaudian ask.equivalent to Haj (ibid page 362) Mirza Sahib named his mosque as Masjid ul Aqsa (see Q.17:1) Tableegh-i-Risalat vol.9,page 37. Its eastern minaret was being constructed because there is a tradition of the Holy Prophet that the Messiah will descend at the eastern minaret of Damascus.There is another tradition that the descent will be from Masjid ul Aqsa (in Bait ul Macidas).By what can be called only a travesty of reasoning,Mirza Sahib tried to prove that the minaret referred to above was of Masjid-e-Aqsa and should therefore be constructed in his mosque at Qaudian for the ful- filment of the. prophecy of the Holy Prophet (ibid,page 38).

Mirza Sahib referred to verse Q:17:1.

Q:17:1

Glorified be He who carried 4.: I -il I c, " His servant by night from the in- I cp, voilable place of Worship to the I on 1.1.fra,11 Far Distant Place of Worship the 4.45.-- LS,: is i.J11.4; U I neighbourhood whereof• We have 15.4 , blessed, that we might show him of O j iatJS Our tokens! Lo! He, only He, is the Hearer, the Seer.

Which is about ascersion (Meraj) of the Holy Prophet. He held by the same method of reasoning that during the night of Meraj the Holy Prophet had made a journey from Kaaba in Mecca to Masjid-e-Aqsa in Qaudian (ibid pages

The arguments of Capt.Abdul Wajid, petitioner in Shariat Petition No.2/L of 1984, who is a member of the Lahori Group of the Ahmadis were generally a repetition of the arguments of Mr.Mujibur Rehman, petitioner in the other Shariat Petition. However, he raised a point about the difference between the beliefs of the members of the Lahori Group of the Ahmadis and that of Quadiani Group. He said that the Lahori Group does not believe in the prophethood of Mirza Sahib, nor did Mirza Sahib ever claim that he was a Prophet. The members of the Lahori Group believe in the unconditional and absolute finality of the prophethood of Muhammad (P.B.H.> and treat Mirza Sahib as the Promised Mehdi, the Promised Messiah a Mujaddid, a Muhaddas - anything:,short of being a Prophet. In this connection he placed reliance upon several books including Izala-a-Auham, Nishan-e-Asmani, Aina-e-1(amalat-e-Islam, Hamamat-ul-Bushra, Ayyam-ul-Sulh, etc. to establish that even Mina Sahib did not lay a claim to prophethood. It was pointed out to him that the relevant writings of Mirza Sahib in this connection would be the writings from 1901 to 1908, and Aik Ghalati Ka Izala is the basic writing. He read some portions of this pamphlet but not those which were relevant to the issue. Captain Abdul Wajid denied that Mirza Sahib or the Lahori Group of the Quadianis ever pronouneedthe Muslim Ummah or those who recite 'Kalima' ( '(there is no God except Allah and Muhammad (P.B.H.) is his Prophet) as heretics or Kafirs because of their unbelief in Mirza Sahib. Although he admitted that those Muslims who call Mirza Sahib Kafir became after this allegation Kafir's, .c Both these assertaips are without substance. It will be found in the writings of Mirza Sahib that he not only claimed prophethood but the founder of the Lahori Group (M.Muhammad Ali) also believed him to be a Prophet till 1914'; when he seceded from the main body of Ahmadis and ,lormed- hisflowne.Qroup._ ferer.loemay be 'made in sunnort of this proposition to Hayat:e-Tayyiba, a biography of As‘

Mirza Sahib by Abdul Qadir. Only two citation will suffice.

It is stated at page 299 that in 1904 Muhammad Ali appeared on behalf of the complainant in the case of Molvi Karmuddin and deposed that::

c_e 1:5_,3 cr.I iSc•-).-; 0.e. a. ,7-3S-. "_ . C y.

'One who falsifies a claimant to Prophethood is altar. The accused, Mirza Sahib is a claimant to Prophethood'.

At page 300 is reporduced the following extract of M. Muhammad Ali's writing published in his newspaper Paigham-i-Sulh, dated 16th October, 1913:

6 I^ cy. I 4t.fre 5 'it,* Cr° 1-kra-- re" - ur43 . ez--1. x-8-3 c-k 01;

We believe his eminence the Promised Messiah. and. the Promised Mehdi to be a Prophet and a liberator from the consequence of sin•

It is clear from these extracts that M. Muhammad Ali as well as his companions considered Mirza Sahib as a Prophet during the lifetime of Mirza Sahib and his successor, M. Nuruddin. It was only later after his secession from the general body of the Ahmadis that M. Muhammad Ali took a different stand that to claim to be a Prophet, while he is a member of the Ummah is the act of a liar. (Al-Nabuwwa-fil-Islam, page 115) and 'I consider it as an act of uprooting Islam to treat Mirza Sahib as a Prophet'. (Paigham-i-Sulh, Vol. 2, page 119, dated 16th April, 1915).

Mirza Sahib had to face the verdict of heresy when his claim was limited to his being a Promised Mehdi and Messiah. The same verdict was applicable to his followers.

Maulana Muhammad Hussain Batalvi who had once extolled Mirza Sahib for writing some portions of Baraheen-i-Ahmadiyya soon became dis- enchanted on account of these claims and became his deadly opponent. He not only himself gave a verdict of his being a Kafir (non- Muslim) but secured the signatures of a large number of the learned (Ulema) on it from all parts of India. (Hayat-e-Tayyiba by Abdul Qadir, page 132).

This point may, however, be considered objectively without being influenced by these verdicts. It is established from the citations from the writings of Mirza Sahib and his successors that Mirza Sahib Wad made an uh- equivocal claim of being a Prophet and had condemned all- *Ch66e.::- who didThot accept his claim as Kafirs (heretics).

Now what is the view in Islam regarding those people who ignore or close their eyes to

Q.

the patent heresie of a heretic and believe in

P1

him as Mamoorun-Minallah (appointed by Allah), Mujaddid (revivalist of the true Islam), the Promised Messiah or- Mehdi which he cannot be on account of his being beyond the pale of Islam?

Is not the support of heresy an act of heresy?

The 'established principle in Islam is that one Who cOnsiAers hereby as something good or acquiescesin or. is pleased with it is not a Muslim. <Ikfar-ü1-Mulhedeen by Maulana Anwar Shah Kashmiri; page.59) :it is said in • - Bahruk Raiq, Vol. 5, page 24, that he who holds 'a good opinion for. the discourse of Jewish priests or is pleased with (their) Taaweel (to give a different . interpretation to an obvious meaning of a word): is an unbe liver. Mirza Sahib put this principla-rather bluntly when he said "that -a person calling an un- belieVer to be a believer,.himself becomes an unbelieveen(Haqiqat-ul+Wahi, page 164), Q 2:256 is apt on this point. It is as follows:-

J-11 cri "

l'11-11-al Cr L5-1-1 I c)-• JI .31)—cJ J-LJ-ja a-U rtic All 15

"There is no compulsion in religion. The - tight direction is henceforth distinct from error. And he who reiecteth false deities and believeth in Allal:hath grasped a firm handhold which will never break. Allah is Hearer, Knower".

The word Taghut ( c.5'Al...6) is used at several places in the Quran as an ,antonym of Allah. See the above verse and Q.16:36 (Shun God and shun Taghut ); Q.4:76 (Those who believe fight in the way of God and those who disbelieve fight in the way of Taghut).

It is used to connote the devil, a wizard or soothsayer (Kahin 0--X) and one who leads astray, Jauhari said:

J iski- 1.) LS; Cjiarj -e 5-1 " Taghut is a soothsayer, the devil and anybody who leads astray (Qurtabi). The words J5 , (anybody who leads

Astray) include the founder of a religion to lead people astray, or of an ideology which is a deviation from the right course (See Ziaul Quran by Pir Muhammad Karam Shah (now Judge of the Supreme Court Shariat Bench, Vol.I, pages The word Taghut as used in verse 2:256 has, therefore, been differently interpreted by different translators. Pickthall interprets it as false deity. Arbury translates it as idol. The tralsnation of the word by Maulana Mahmood ul Hassan is 'One who leads astray ( u 5 e4sg- 45_5). This is much more appropriate and all embracing. It would include a person who founds a religion of unbelief.

The quality of a Momin or Muslim is that he should believe in Allah and disbelieve in or deny Taghut which would include a false

Prophet. It would follow that a person who does not deny a false Prophet, a person who leads, astray, a person who founds a religion which is a deviationfrom Islam, cannot be a Muslim despite.his, belief. in Allah. The case of a person who belives in Tagbut as well as in Allah is much:worae. By no stretch of Imagination he can be placed on the same level as MusUms- To save7the Ummah from dis- integration; On the principle of,Sadde Dhariat a- ) also such misguidea person should be held to be beyond the pale atIslam, since it is to keep the mischief of belief in Taghut away from the Muslim Ummali(community), In his panphlet Aik Ghalati Ka Izalat (meaning. removal or correction of a mistake) Mirza SahibAfor the first time laid claim to Prophethood: The reason for writing it was that a few days 'before its writing some 'opponents' raised an objection before a follower of Mirza Sahib that he at whose hands he had taken the oath of fealty (bait) claims. to be a Prophet; but the follower wrote that this denied the charge. Mirza Sahli:I.: denial was not correct because. the holy revelations which he reCeived from Allah included , such worda as Rasoo4:Muraal and Nabi not once but hundreds: of times. and consequently this denial cannot be correct': He Had already published these words in Baraheen-i4amadlyya ( au>l ) about /2 years ago. It was said there that .i_efie d.J .

j j J—.21 If

"f o-IS L) ontk.)

(He it is who hath sent His Messenger with the guidance and the Religion of Truth, that.He.May_cause it to prevail over all religions)(Baraheen-I-Ahmadiyya, page 498).

In it, it was clearly stated that he (Mirza Sahib) is a Prophet; .It was further revealed in that book about him stetAIJW,.0i (the apostle of God in the vestment of Prophets)(page 504): In the same book there is another revelation' from Allah (see Q.48:29): c r

I I •C•tto L:jr: t 41.1 I dr.!) " r .f3 —Cr•—t) 1.9—Si I

(Muhammad (P.B..11.) is the Messenger .of Allah and those who are with Him are hard against the disbeiie-Vers and me-rciful among themselves).

In this revelation according to Mirza Sahib he Was named as Muhammad; and also Prophet. Similarly in many otherplaces- in Baraheen-i Ahmadiyya he was mentioned as aMessenger. Mirza Sahib then dealt with the objection that since Prophet?Mbhammad (P,B.H.) was the last of the Prophets, no Prophet could co*e after him; He 'refuted:the belief of the Muslims about the second advent of Jesus in this world as a Prophet; Re stated -that the meaning of the verse about Muhammad (P.B'.H.) being the last of the Prophets-was.that the doors of Prophethood had been closed after the Holy Prophet (P.B..H.) till the day of judgment and it was not possible for any Hindu, Jew, Christian or any person formerly known as Mussalmaan to prove the application of the

appellation Nabi (Prophet) to himself. All windows- of Prophethood were closed except one which was of Seerat7e-Siddiqi. and which could be claimed by one who was. fana-fil-Rasul ( jy- LO Li ) (merged himself in the Prophet).

Mirza Sahib continued that Who ever goes to God through this window: 'is' honoured with the mantle of Prophethood in a Zilli ) manner (like a shadow). This •is the mantle of Prophet- hood of Muhammad. It is: not a matter of shame for him to be a Prophet because he acquires the qualifications not from himself:but from the spring (source) ( ) of his Prophet (P.B.H.). Similarly he does not acquire it for himself but acquires: it lor his great I glory and majesty. For 'this reason 'his names in the Heavens ( ceLl, ) are Muhammad and Ahmad Which means that the prophethood of Muhammad (PJ3'.1-1..) was ultimately redeived by Muhammad though buruzy manner (by incarnation).

At page 7, he wrote that despite this Muhammad (P.B..H.)- remained the, Khatam-un- Nabiyin (last of the :Prophets) because the second Muhammad was the 'picture of that Muhammad -(F.B..H.) and bore his name. He also wrote that having been named as Muhammad and Ahmad he was a. Rasool (Messenger) and Nabi (Prophet) (page 9). The verse 62:3 r_43,1*.4 L-J or ai (Alongwith. 'others of them as have. not 'joined them). was similarly twisted and misinterpreted by. Mirza Sahib 0:,;(is.4iehiS•th.eory and was held to . be applicable to the 'future 'Prophets including

himself. He said that he wasthe same Prophet in a buruzy manner and 20 years earlier was named in the Baraheen-i, Ahmadiyya as Muhammad and Ahmad and wavdeclared as Zil WI )(shadow) of the.Holy Prophet (P.B.H.). This according to him did not adversely affect the finality of the Prophethood of the Holy Prophet because shadowAs not separated from the original self (page 10).

The verse Q62:3 is to be read in continuation of the earlier verse (Q62:2) which refers to the function of the Holy Prophet (P.a.R.)Hto recite unto the unlettered ones'i his revelations and to make them grow, and to teach them the scriptures and wisdom, though herebefore-they were indeed in error manifest AltingWith:OthetsHof those who have not yet joined them (The underlined is the translation of the words which were misinterpreted by Nina Sahib.

The two verses (Q 62:2,.• 3) make a mention of one Prophet only i.e. Mdhammad (P.B.H.). Its obviouneaning is that his measageHWEidi was based upon Divine Revelations, i.e. the scriptures and wisdom shall continue after his death to teach the future generations, The verses do not refer to future Prophets. since the Prophethood was seald.

Again after repeating his .Prophethood in a buruzy manner he wrote that for this reason his name Was Muhammad and Ahmad'and the Prophet- hood did not go to Anyone else; it belonged to Muhammad and remained with Muhammad (P.B.H.) (page 16).

It would be seen that the consequence of the dictum that Mirza Sahib himself was Muhammad and Ahmad (they were the names of the Holy Prophet (P.B.H) were anamolous enough. The companions of Mirza Sahib became the companions of the Holy Prophet. In the formula recited by Muslims there is no God but God and that Muhammad c (P.B,H) IS HIS Prophet, Muhammad is Mirza Sahib Wherever the word Muhammad is recited or read, means Mirza Sahib.

Now the concept itself may be analysed. It has been explained in Al-Falsafatul Sufiatu fil Islam by Dr. Abdul Qadir Mahmood, pages 5-11 that the meaning of expressions zilli( d.s. ) c _and Buruzy( ) resemble very much the concept Of incarnation( ) or transmigration ( &Lt. ) among the Hindus.

Mirza Sahib himself admitted that buruz means avatars. In his 'Llecture,Sialkot dated 2nd November, 1904 (page 23) he said:

"This may be made clear that my advent on behalf of Ged is not only for the reform of the Muslims. The reform of all the three communities. Muslims, Hindus:J and-Christians is required".

As God sent me as promised MesSiah for the Muslims and the Christians, so I am as an avateir0 for the Hindus Raja Krishna as has been made evident to me was in fact a perfect man

He was the avatara of his time or prophet It was the promise of God that during the final age, he would create his buruz meaning avatars." In Zamima Risala-i-Jihad (printed . 1900)he Witte: "God. sent me as •an avatar& of Jesus. Similarly He named.me as Ahmad and Mohammad and made me an avatard of Prophet Muhammad (P.B.H.) after manners, style (as of the Holy Prophet) and after clothing me in the mantle of Prophet Muhammad (P.B.H) so that I may (propagate and) spread unity (concept of oneness of God) .......so that I am atiesus as well as Mohammad Mehdi in this sense and it is that manner of Ymanifestation.which technically is called buruz in Islam" (pages 6 and 7). , It is clear that Mirza Sahib treated amtara and.buruz'as'equivalents °fate anotbr. In strict Shariah of Islam there is no concept of incarnation or transmigration. These are terms emanating from those who believed in transmigration like Mazdak and Laman. Similarly there is no such notion as shadowism“ ) in Islam (Khatimun Nabiyyin by Anwar Shah. Kashmiri page 210). In Mauqiful Ummatil Islamiyya Maulana MUhammad Yousaf Bannori wrote that from the comparative study of religions it appears that the entire concept of shadowism ( ci,Jk ) and incarnation ( ) is a Hindu concept and no An such concept is there in Islam. Abdul Qadir Baghdadi (d.429 A.H.) also said that the view in favour of Hulul is false and absurd (Usul Ul Din page 72).

Mujaddid Alf Sani, whose writings were relied upon by Mirza Sahib refutes the concept of zil (shadow) intprophchood. He said in his letter No. 301 that prophethood connotes nearness to Allah which it has not even the hint or doubt of Zilliat (shadowyness).

Another argument of the petitioners is that Quadianis are a part of the Muslim Ummah and a member of the Ummah cannot be excluded from it on account of differences in matters of belief. According to (htm the difinition of Ummah is that any person who believes in the unity of Allah and in the prophethood of Muhammad (P.B.H) is a Muslim and a member of the Muslim Ummah He referred to Q.4:49 that "one who salutes like a Muslim (Assalam -o- alaikum i. e. peace be upon you) should not be called non-Muslim", to the opinions of Jurists that one who recites that there is no god but God, cannot be killed ( In Jihad ) and to certain traditions on which these opinions were based. _The question then is what is Ummah or Muslim Ummah.

The word Ummah (plural Umam is used in;laifferent meanings e.g. people or individuals (Q 43:211) course or principle (Q 43:23), period (Q 11:7) , guide or leader (Q- 16:12), nation (Q 16:36); 35:24) and followers of the same Prophet or of the same religion (Q 2:213; Q 21:92) (See Gharib-ul- Quran-fi-Lughat-il-Quran by Allama Shirazi, pages 18, 19; See Umdat-ul-Qari, vol. 5, page 198 for the different meanings).

Imam Raghib said that the general meaning of Ummah is 'nation' or 'community' particularly that community which is identified by commonness of affairs (which must include commonness of ideology, out look and aspirations, social, cultural, economic, political and religious) (Al-Mufradat-fi-Gharib-il-Quran, page 23).,

Its illustration is Quranic Verse

Q 6:38

tk, etiII “i C.) Q., L," tri I. rS_Jlt. I r.I Ul 0 ty.11 tsLt

"There is not an animal in the earth, nor a flying creature flying on two wings, but have—tommunities like you".

In this Verse are included each specie of animals which leads life in a similar way for example spider'which weaves its web or the

white peacock which builds the house of straw.

According to the Quran all mankind was a single Ummah (Q 2:213). but then they split up in groups. Then the community. bond or group bond or bond of faith became the determining factor for Umrnah.

In Verse 5:48 it is said.

" 2 13- .2..• I IS dJU I ;L:, ,J, " 'Had Allah willed He could have made you one community'.

By the oneness.of the community is meant unity in faith. (ibid , page 23).

Sometimes the word,Ummah is used for those people to whom a Prophet was sent (Q 10:47, Q 23:44, Q.35. :24, Q 40:5) and sometimes it applies to those persons who believe in any one Prophet. (Q 5:48, Q 16:93, Q22:67 Q 42:2). The former is known as Ummatul Daawa ( ) while the later is called Urnmatul Ajaba ekuu.I ) (see Kashshaf-e-Istalahaatil Funoon Thanvi, Vol. I, page 91).

In the Holy. Quran the,Ummah of Prophet Muhammad (P.B.H.) is called the best Ummah vide

Q 3:110;

Q 3:110

Le 1.:JJ ' 'I. I • F 5"

'You are the best community that has been raised for mankind'.

and then the qualities of that Ummah are described:

" al-3111 C.04 C.)11:1: "

'Ye enjoin right conduct and forbid indecency, And you believe in Allah'.

The same Verse then distinguishes .between the best of Ummah and the people of the Scriptures: rez. 1 Ji1 4;1)3 " . " tO I rtrISI 0,411 'And if the people of the

Scripture:had believed it had been, better for them.

Some of them- are believers; but most of them are evil- livers'. (Q.3:110) The word-Ummah,was-scientifically used by the Holy Prophet (P.B.H.) both for a community-consisting of-his ifollowers as well religions, as well as as followers of other:

for a community exclusively'of - his. followers.. The word UmmahWas used in both these senses in the 'Covenant. of Madina ( ) by "the Holy- Prophet.(P.W.H-.).“Thel:Tem4i1a4 of the Covenant is:

..1-J5 cm-4M P Cm. ‘7-17-5 114 " res. rat 30-6 rett?c, " .r 11 J 11,-C" atrejt

'This. is the Writing. of Prophet MUhammad -(P.B.H.Ibetween Muslims and Momins of Quresh, of Yathrab and those who join them and participate in Jihad with. them. They are an Ummah - asagainst -all others'.

In Article 26 of the same Covenant are the words:

" Lie • —0-Lan L... 1 Lit ,i)tv 0 1 " "The 'Jews. of Bani Auf form an Ummah with the Muslims: (Seerat

Ibh&}iishrainy Vol1 ::.I, page 554 onwards Urdu-translation).

Those who are parties to the agreement are groups which means each of them forms Ummah.

Those Jews who wei.e or later became parties to this Covenant were held to be an Ummah.with the Muslims on account of the - common functions and aspiration of the covenantors described: in the Covenants. The Muslims were •a single Ummah-because of their adherence to the same religion. The Covenant thus lays the foundation in the political sense for a nation consisting of a Muslim majority and non-Musliurminorities. But all the same it also insists upon the exolusive. character of the Muslium as a separate Ummah. While raising :the foundations of Ka'aba in Makka Abraham and Ismail prayed.

Q 2:128

" JO Ask.. 41.4 I lz70 6,,90 cyst. lar,r 5 Lun 'Our Lord! And make us submissive unto Theet gndofnurprogency a anmunity submissive unto Thee' One of the meanings of-Islam is submission and obedienceiHMuslimmeans one who is submissive. The verse points out that those who submit would :form one Ummah or that the Muslims by virtue of..their,Islam(submission) shall integrate into one nation. Thus the common bond of Islam will constitute them an Ummah bedadse the principle is that persons with common aspirations and ideologies form the -nation. This,is clear from Q 3:104,

Q 7:181:

.Q 3:104

fi it CAIAJltAil L5J1 0.9"'"It" i rl 0•1:11., re. 11j 1311 ' I irc C.0-ejt -'11J t.

'Let there arise out of you a band of people inviting to all that is good, enjoining what is right, and forbidding what is: wrong; They are the ones to attain felicity'.

Q 7:181

coi -1.4.14: (3-.1 it co 2-4 1 cr.- 3 " 'Of those We have created Are people who direct '(others) with truth; And dispense justice therewith'.

Islam (submission).-is not the religion or way of life of theAimmah of Prophet Muhammad (P.B.H.) only.HAll the Prophets'preached Islam because all of them received -same revelations and were similarly inspired (Q 4:163),Abraham was neither a:JeTA'r nor'a Christian. He was A Muslim..;(Q 3:66) Islam:to Which the Holy Prophet (P.B.H.) was guided. j.s.a right religion which was followed by Abraham (Q 6a62). All the Prophets preached the people to serve Allah and to obey the law:of Gorr Q 7:65, Q 7:73, Q It Verses '21:42 and 23;52 after referring to the earlier Prophets it was specifically stated that

41,- 2...J 44

‘Lo this religion of all of you is one religion.

It may be clarifieththat Qurtabi said that.›.15.1146L4Ithe Word Ummah. ( 7L1 ) here means religion). But it is also taken in the meaning of community or body.

.sw‘h

One of the primary conditions for faith in Islam is that the faithful must believe in God and in all the Prophets upto Muhammad (P.B.H.) who should be believed as the last Prophet and Messenger and no Prophet or Messenger can follow him in any. age till the day of judgment. They must believe in all Books revealed or sent by God, the Angles and the Hereafter.

The next condition is the establishment of prayer's, and fasting, the performance of Haj and payment of Zakat. The Articles of faith must have been common in each religion but the manner ofsprayers and fasting, the particulars of Zakat and the Haj are features which are distinctive of the Muslims. Similarly the places of worship (Mosque or the manner of calling the faithful to prayers is not compatible with the rituals of other religions. The Muslims have been declared the best community that hath been raised up for mankind (Q 3:110). They enjoin right conduct and forbid indecency " croon:2,31,44 014*

(Q 3:110, Q3:104). "

After the Holy Prophet (P.B.H.) passed away it became the duty of the entire Ummah to advance the objects of the religion (Q 3:144). They are enjoined to be steadfast and remain united because they have to endure and outdo all others in endurance (Q 3:200). It is not the custom and manner of Muslims to oppose the Holy Prophet (P.B.H.) after the guidance of God bath been-manifested to a person (Q 4:115)

This means that he must obey the Holy Prophet (P.B.H.). Verse 4:59 orders the Muslim Ummah to obey the persons in authority (which means a Central authority and officers subordinate toY.it. It is mot difficult to conclude from these Injunctions that it is the duty of the Muslim Ummah to keep the banner of Islam flying and for this purpose it must be well knit.

The Muslims are brothers among them- selves without distinction ofrabe, colour or country. 4-1 24-JIL.10 4.9:.10): The murder of one is the murder of all and saving one from death is the saving of: all. The Muslim Ummah is - enjoined to establish and to be staunch in the'Maintenance of justice and fairplay amongst mankind. (Q 4:135). For the benefit of/mankind they:are noderate or middle nation (Q 3:143).

The entire Muslim.Ummah-is thus the worshipperDof one God. --It:is the Ummah of one and the last.Prophet and Messenger of Allah and offers its prayer by facing in every nook and corner of the world towards a common Centre, the Kalaba. The.Muslims look towards each.other in the Ummah as brothers and are pained to hear or know _about any trial or tribulation:befalling other Muslims. Their ideOlogy and aspirations are uniform. These are the real tests of an Ummah. The Muslims are extremely tolerant of all other religions but they never tolerate any attack on their faith or subversion or undermining of the Ummah.. Both are so dear to them.

Mr. Rizaul Hasan Gilani discussed the basis, the factors and the mechanism of group solidarity and integration and submitted that solidarity is organic and mechanical. The concept organic solidarity refers to integration resulting for division of labour while mechanical solidarity is used to describe the community or society in which all members share the same basic characteristics and consequently feel sympathy for one another. He argued that the description of mechanical solidarity is apt for the Muslim Ummah and quoted from 'A Text Book of Socialogy by O.G. Burn and Nimkoof, page 87'.

"Tusik, mechanically integrated, show the basic characteristics of the ideal 'folk' society: isolation, cultural homogeneity, organisation of the conventional understandings into a 'single web of inter-related meanings', the predominantly personal character of social relationship, the relative importance of familial institutions and tr! the relative importance of sacred as compared with secular sanctions. Merida, organically integrated, tends to show the opposite characteristics".

The passage deals partly with the social structure and its grouping on culture - pattern basis.

Ibn-e-Khaldun discussed at great length group feelings among the tribes for persons of the same descents and bound by the ties of blood relationship and for their clients and allies. The strong feeling is the result of the Desert life which breed, extreme courage, valour and bravery (quqaddimah English Translation, Vol. I, page 264). He discussed

the importance of royal authority as a result of the group feeling. The most important and relevant point is the effect of religious uniformity. He said:

"The reason for this is that because of their savagery, the Arabs are the least willing of nations to subordinate themselves to each other, as they are rude, proud, ambitious, and eager to be the leader. Their individual aspirations rarely coincide. But when thete.4S- religion (among them) through prophecy or sainthood, then.they have some restraining influence in themselves. The qualities of haughtiness and jealousy leave them. It is then easy for them to subordinate themselves and to unite (as a social organization). This is achieved by the common religion they now have. It causes rudeness and pride to disappear and exercises a restraining influence on their mutual envy and jealousy. When there is a Prophet or-Saint among them, who calls upon them to fulfill the commands of God and rids them of blame- worthy qualities and causes them to adopt praiseworthy ones, and who has them concentrate all their strength in order to make the truth prevail, they become fully united (as a social organiza- stion) and obtain superiority and royal authority. Besides, no people are as quick (as the Arabs) to accept(religious) truth and right guidance, because their natures have been preserved free from distorted habits and uncontaminated by base character qualities. The only (difficulty) lies in the quality of savagery,, which, however, is easily taken care of and which is ready to admit good (qualities), as it has remained in its first natural state and

remote from the ugly customs and bad habits that leave their impress upon the soul. "Every infant is born in the natural state", as is stated in the tradition that was quoted above".

It cannot be denied that faith is a stronger stimulant towards the achievement of co-operation, fellow feeling, comradeship and ideological cohesion irrespective of colour, ethereal,racial)linguistic and cultural barriers. The emotional fervour and the instinct of attachement to and affinity with the ideological base generates fraternal feeling which it is not difficult to demonstrate from Islamic History. The offensive against Raja Dahir of Sind by the Muslims was the result of appeal for help by some Muslims. Muslim armies despite heavy. (Ads travelled such a long distance to respond to the appeal of a few fellow Muslims.

There is, however, a big difference between a nation-of the modern era and a religious_Ummah. A nation is combination of a group of persons but in that combination the main motive and the driving force is self interest. There are a complex of factors and qualities for the Combination but self interest of the individuals and the groups is one of them, rather it is the main criterion. But a religious Ummah is oblivious of such a factor.

CA)

The factors which' helped the formation and cohesion of the Muslim Ummah are the humanitarian character. of. Islam; its emphasis on equality of all rich and; poor, master and slave, men and wOmen irrespective of distinction of country; colour , race, language or culture, itsThtress on fraternity and the individual freedoms - guaranteed by it. The armies of Islam were the torch bearers of these qualities and spread the spirit Of tolerance and forbearance,_love for education and research, though:unfortunately in the eras of their political weakness they were the victims ofSaVagei, .y,and religious intolerance.

The love of their Heritage and the pride for their history are some. other factors for their fusion: in an Ummah, All these are factors related to the teachings:of religion - and the excellence of Islam as a vital force. But the most important factor is the love and-respect of the Muslims for the Holy Prophet (P:B.H.)'.through whom all these blessings were conferred upon the Ummah. Intensity - of this love:and respect is demonstrated by the fact that all details of the life of the Prophet (P.B.H.) are preserved and thousands of books have been written by Muslims on his Seerat (life). The Muslims are bound to obey the Quran asi%all as the Sunnah of the Holy. Prophet (P.B.H.) and they collected and'preserved-all incidents of his prophetic life even the most minor ones. To obey him is to love him but the love which transcends obedience to: him is the emotional and sentimental attachment.to the Holy Prophet

(P.B.H.).

The finality of.Prophethood is an artiele of faith with each Muslim on account of the intense love for the Holy Prophet (P.B.H.) and the belief in the finality of Prophethood is the most important element in the integration of the Ummah as Allama Iqbal puts it.

The consciousness of affinity in the Ummah and its integrity help in the growth of - tenacity.which alongwith emotional fervour in the Ummah creates resistance against all impulses of disintegration. The claims of Prophethood have, therefore, been resisted by the,Ummall vigorously to keep the mainstream of the faith pure. As such they have resented all encroachment on the nexus between Islam and finality of Prophethood.

The Quadianis are.not a part of the Muslim Ummah. This- is amply proved by their own conduct. In their opinion all the Muslims are unbelievers.. They constitute a separate Ummah. The paradox is that they have substituted themselves for the,Muslim Ummah and turned the Muslims out of that Ummah, The Muslims consider - them beyond the pale of Muslim Ummah and curiously enough they consider the Muslims out of the pale of that Ummah. Clearly the two do not belong to the same Ummah:,The question who are members of the Muslim.Ummah could be left unresolved because of the absence of forum in British India but in an ,Islamic State in which there are institutions to determine the issue, this . matter does not present any difficulty. The Legislature as well as the Federal Shariat

Court are competent to resolve it. This friction and absolute separation between the Quadianis and the Muslims is borne out by the writings of Mirza Sahib as well as his successors. Mirza Bashiruddin Mahmood in his book Anwar-e-Khilafat discussed this point in detail and, elaborated the reasoning why. Quadianis cannot offer prayer behind a non- Ahmadi Imarn, cannot offer the funeral prayer of non-Almadis and cannot marry their women non-Ahmadis. The basic reason is that according to the Quadianismon-Ahmadis are unbelievers. Mirza Bashiruddin Mahmood wrote an anecdote that he. met a renowned religious scholar.( rilp) in Lucknow who told Shaikh Yagoob, Ali who accompanied him that in his opinion the Quadianis were broad minded people but their enemies propogated that they considered ' the non-Ahmadis as disbelievers. He then advised the Quadianis that there-was a difference between deen (religion) and Dunya (world). Whenever a madar of religion is involved they (Quadianis) should single themselves out, (Anwar-e-Khilafat, page 90-93).

In Kalimatul Faslit.ja-salfthat "the Promised Messiah meted out the same treatment to non-Ahmadis which was meted out by the Holy Prophet (P.S.H.) to the Christians. Our prayers were separated from those of non-Ahmadis. To give our girls in marriage to them was declared prohibited. We-were prevented from offering their funeral prayers. Nothing remained there in which we may associate with them. There are two types of relationship - religious and

worldly. The religious relationship is achieved through the assembly for prayer while the main source of worldly relationship is intermarriage. Both these things are absolutely prohibited for us" (page 169).

In 'Aeenai Sadaqat Mirza Bashiruddin Mahmood referred to the alleged revelation of Mirza Sahib •that whoever treated even one word of the promised Messiah as false he is an out caste (mardood) from the Court of God, He then exhorted Ahmadis that they should not abandon thelAdistinctive signs: They believed in a true Prophet while their opponents did not believe in him. During the period of Mirza Sahib a proposal was made that Ahmadis and non-Ahmadis should propagate (islam) together but Mirza Sahib asked "which Islam you will propagate? Will you conceal the signs and rewards given to you by God? There is nothing strange in this approach of Qadianis since it has been a worldwide phenomenon that members of each religion consider the members of any other religion to be infidels, heretics or beyond the pale of their religion. It is the same with Jews, Christians, Magians, Hindus, and others. This is not only true about the religious communities but also the secular ideological groups like communists and Socialists. The principle generally acknowledged by followers or members of umam.(plural of Ummah) of different Prophets is that whoever does not believe in the Prophet of one 'Una is outside that Ummah or an outcast .to that community. It followed necessarily, from the claim of prophethood of Mirza Sabib that whoever did not believe in him or considered him—a false prophet or impostor, could

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not be within the ummah: or community of Mirza Sahib known by the name of Ahmadis. The orders about-prayers and marriage are those of Mirza Sahib and not of any successor. Even before his specific claim of prophethood he wrote: "whoever does not follow me and is not within our bay't (does not take oath of fealty) or opposes me; commits disobedience to God and his abode is hell (Tazkirah pages 342-343, Extract from the letter of Mirza Sahib dated 16th June, 1899 to Babu Elahi Bukhsh)..

Mirza Sahib stated this inspite of the fact that' he had earlier stated that the belief in the promised Messiah was not an article of faith, In BageeqatiiI2-Wahi page 179 and 180 he described two categories of disbelief;"Firstly, in *hich a person denies the truthfulness of Islam and does not acknowledge the Holy Prophet as Messenger of God; Secondly that in which he does not believe in the promised Messiah and inspite of conclusive arguments treats him to be false although there is Injunction of God and His Messenger for believing the contrary which is also repeated in the Books of the ealier Prophets. For this reason (by his ..disobedience in Mirza Sahib) he is an unbeliever because of his denial of the Injunctions of God and His Messenger. If one ponders over this matter it will be clear that both types of unbelief are the same (riddled with equal consequences) because a person who despite knowledge.of InjunctIons-thereof fails to believe in God and His Messenger cannot be said to have faith in God and His Messenger. According to the specific Verses in the Holy Quran even that person who disbelieves for lack sf knowledge is called

Kafir (unbeliever) and we also call him so for his disobedience to the dictates of Sharia." In answer to a question Mirza Sahib said (at page 163 of Haqeeciaitl-Wahi) that"if in the opinion of a falsifier I have invented lies against God, I am, in-that case, not only an unbeliever but a great unbeliever and If I do not invent lies this unbelief will undoubtedly fall on him (falsifier of Mirza Sahib) .......Besides this. whbever does not believe in me also does not believe in God and His Messenger."

Mr.Mujeebur Rehman took exception to these arguments of Mr.Riaz-ul-Hassan Gilani and submitted that the above concept-of heresy of non- Ahmadis continued Only -upto: 1923 and all the references to this effect, pertained . to that period.

He submitted that Mirza Bashir- AhMadLl was ' - not an Imam or Khalifa for the Ahmadis; he was only their spokesman. But Mirza Bashiruddin Mahmood had explained before thefMunir Enquiry Report that he had not called.the non-Ahmadis as infidels in the sense that they were outside the muslim ummah meaning that their heresy was not a major kufr (heresy). The expalnation of Mirza Bashiruddin Mahmood in times of distress when the agitation of the muslim ummah in Pakistan had reached its peak was no more than retracing of steps as was done by Mirza Sahib himself several times as already explained. Mirza Sahib himself said that such a person is a Kafir because he will be taken not to believe in God and His Messenger. There can be no better proof of such a person being outside the muslim ummah.

Mirza Sahib called his Muslim opponents as leaders of Kufr (Tazklra, pages 111, 373).

In' his letter to Dr. Abdul Hakeem dated March, 1906 he wrote that "God has revealed to me that every one to whom my message has reached and who does not accept me is not a muslim (Tazkirah page 600). Mirza Bashiruddin Mahmood equated the non-Ahmadis with Chirstians. Shaikh Nur Muhammad asked Mirza Sahib to accept his resignation from the Jamaat (Jamaate Ahmadiya) on which he replied "tell Shaikh Noor Muhammad that not only is he dissociated from the Jamaat but he is also severed froth Islam (Seerate Mandi, Vol,III page 49).

It i.i well known that. Sir Zafarullah Khan Ex-Foreign Minister of Pakistan did not offer the funeral prayer of Quaid-e-Azam. According to 'Zamindar' dated 8th of February, 1950 Maulana

/I

Mohammad Ishaq, Khateeb of.Jamia Mosque Abbotabad asked Sir Zafarullah for the reason for non- participation in the prayer,- He replied that he considered Quaid-e-Azam to be only a political leadet, He was asked whether he also held the muslims to be unbelievers on account of their disbelief in Mirza Sahib, "although you are a Minister in the Government". Sir Zafarullah said you may treat me as a Muslim servant of a Kafir (heretic) Government or a heretic servant of the Government .of Mussalmans.

Mr.Mujeebur Tehman could not contradicti-1 the position taken by Sir Zafarullah. It is, therefoe, established beyond any shadow of doubt that as Sir Zafarullah Khan put it, eiiher the majority of people living in Pakistan are unbelievers (Kafir) or the Qadianis are unbelievers which means that the twain shall never meet and be the members of the same ummah.'There is no meeting

point because of the belief of the Muslims in the finality of prophethood and the contrary belief of theql.adianis who believe in Mirza Sahib as a new Prophet, The QOadianis have been held to be a threat to the integration of the Muslim ummah and the torch bearers of the forces of disintegration by the great luminary of the MuSlim society-Awlsaid that "itirtihe %slim aimah)gcured by the idea of the finality of prophethood alone" (Thoughts and Reflections of Iqbal page 249). He further said:- "After all, if the integrity of a community is threatened, the only course open to that community is to defend itself against the forces of disintegra- tion.

And what are the ways of self-defence? Controversial writings and refutation of the clhims of the man who is regarded by the parent community as a religious adventurer. Is it then fair to preach toleration to the parent community whose integrity is threatened and to allow the rebellious group to carry on its propaganda with impunity, even when the propaganda is highly abusive?"(Ibide,p,253).

The loyalty and love of Mirza Sahib for the Imperialist and Colonialist 'British Government is axiomatic_ Almost in each of his books he had devoted Atleast some pages for extolling the British Government,aricl so wairdone_by hiS“sude_aksorsA,few PokaMpleSmof - _ such writings are given below:-

(a)Some foolish persons asked whether it will be correct to '?,:ifight with this Governmentln.Jehad or not. They should remember that this question. of theirs is , one of extreme stupidity because how can one enter into Jehad against one grate- fulness for whose Ehsan (c.A.p.1 ) (beneficence)is a bounden duty. I speak

the truth that to wish ill of one who has been benevolent is the act of a bastard and a scoundrel. So my belief which I have been manifesting again and again is that there are two parts of Islam, one is that they should obey God and the other is that they should obey this Government which assured (us) peace and has given us shelter from the tyrants, (Shahadatul Quran published in 1893, page 3).

The wise who on the one hand finds in my writings support for the religion and on the other hand listens to my advice that fulfledged loyalty should be given to this Government and their good and welfare should be-wished, cannot mistrust me and why should they do so. It is a truth that the Muslims are subject to the divine and prophetic order that. they should be loyal to the Government to whom they are subject. I have elaborated these religious orders in detail in my books. The Government can now consider the extent to which my father had been a well-wisher of the Government, My:brother walked into his foot-steps (in its respect) and I am also rendering service-(to.the Government) through my pen for the last 19 years (Kashful Mate published in 1898, page 10). And'I have made it.clear in the conditions of oath of fidelity ( C141 ) clause 4 that they should_wish. well to the British Government, show true compassion for the humanity, refrain from adopting methods of enraging others and show themselves.as models of piety, virtuous

and free from depravity.and evil doing (Kitabul Bariyyah published in 1898, page 12).

(d)The Deputy Commissioner ordered that if any trtle is caused to the Ahmadis then all the leaders. of the Musalmans shall be expelled from the country under the new law. Such. an order cannot emanate except from A person whose sympathies extend to the entire humanity, This fresh treatment was meted out by this Government to your Malabari brothers and who-.ever shows kindness to one's brother, shows it to that one. Thus we should be grateful to our Government because the Malabari Ahmadis are our. brothers. One of our preachers had gone to Mauritius, The non-Ahmadis decided that he must. not (be allowed to) deliver his lecture whereever he might wish. He petitioned to the Government for (allotment of) the Government-hall. The Governor allowed him to deliver his lecture in that hall for 3 days in a week, thus giving half of the week to our preacher and keeping the other half for himself. (Anwar-e-Khilafat by Bashiruddin Mahmood Ahmad, page 96).

(e)In Kitabul Bariyyah at pages 7 and 8 are given the. names. of the books, their dates of publication and the number of pages in which the British Government is extolled by Mirza Sahib. He made reference to 24 books and pamphlets in which he had praised and spoken highly about the British Government. The number of pages amounted to.several*nens atleast'll.years before his death.

Mr.Riaz-ul-Hasan Gilani argued on the basis of these few illustrations that the unflinching loyalty of Mirza Sahib to the British Government was not without reason and purpose. He made it an article of faith for his followers and a part of their oath of fidelity for him. He also banned Jehad for which there are specific Quranic orders. Mirza Sahib was more loyal than the king himself because the Ahmadia Movement had the blessings of the Government and was started on their instructions and under their blessed protection. The interest of the Government after the war of independence of 1857 was to cause disintegration and disharmony in the Muslim Ummah . and carving out anew religion out of Islam served that purpose.

The learned Counsel criticised the abolition of Jehad by Mirza Sahib as opposed to the Quran. In order to establish his point. he referred to the writings of Mirza Sahib and gave the following few illustrations:- 1_ "0 Friends give up the idea.of Jehad now. , It is now prohibited in religion to engage in war and assassination. The Messiah has come now and he is the guide in religion. Now is the end of all religious warfare. Descends from the heavens ) the light of God; the verdict of war and Jehad is nowpreposterous. He is an enemy of God who indulges in Jehad and a denier Of the Prophet who entertains his belief in it.

(Tuhfa-e-Golarviya published:in 1902,page 41 poem of Mirza Sahib).

2: It (the breaking of cross) cannot mean that the wooden cross which is hung by the Christians will: be broken by the promised Messiah It points out to another truth which. is the same as brought by us. We have declared with full clarity that

Jihad is now prohibited. As that (to establish peace) is the function of the promised Messiah so it is his concern to do away with war. For this purpose it was essential for us to give a verdict about the prohibition of Jehad. We,therefore, say that it is prohibited and is an act of worst sin to draw sword or lift weapons now in the name of religion (Malfuzat Vol.4, published in 1902, page 18).

The Injunction about Jehad is abolished during the time of the promised Messiah (tbain 4, published in 1900, page 15) My principal beliefs and instructions for guidance do not contain anything concerning warfare and violence and I believe that with the increase in my followers the number of those who believe in Jehad will decrease because belief in me as Messiah and Mehdi is repudiation ofJJehad (Majmua-e-Ishtiharat Vol-3, from 1898 to 1908, page 19).

It is unnecessary to add such citations - which are numerous.

Mr. Mujeebur Rehman argued that Mirza Sahib was not the only person in the 19th century or the early 20th century to show loyalty to the British Government but a number of Ulema and Intellectuals in the country.had written some- thing or the other in the praise off_Imperialist Power.

From the citations given by Mr.

Mujeebur Rehman it appears that the Ulema had taken various factors into consideration •while

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oppoing Jehad. The main factor was that the Muslims had been subjugated but they enjoyed religious freedom and were governed by their personal law. An-other factor taken into con- sideration by some Ulema was that Jehad was not permissible as there was no Imam to lead and no weapons to fight. It means that the impossibility of winning in Jehad was one of the reasons for most of such verdicts.

The matter is not so simple as was put by Mr. Mujeebur Rehman. Before elaborating the point it may be stated that the principle of i.e. puting an end to war in relation to the promised Messiah only means that on account of the preponderance of Islam which will be the result of murder of the anti-Christ, of the breaking of Cross and of the killing of pigs, there shall be no unbelievers in the world. It does not mean that the ride of the ;un-believers shall not be resisted. The principle of (putting an end to war) did not apply at all to the conditions prevailing during the period when Mirza Sahib abrogated the Quranic order of Jehad and abolished it.

It is also not correct that he

suspended Jehad only for a short period. The citations given above refute this assertion.

The Hadees of (Putting an end to Jehad) on the advent of. Messiah means the absolute elimina, tion of Jehad. Reliance on it for abolition of Jehad negatives the possibility of the order of abolition being of a transitory nature.

The matter has to be looked at in the context of the political situation in the Province of Punjab.

It was a time when the entire feudal or Landlord Class wasmknOwncas-ja,,class of Toadies who would go to any length to please the Ruling Power. They •considered it a matter of pride to wait upon an Englishman.

It is clear from the writings of Mirza Sahib that his family including his brother and himself continued their unflinching loyalty for the Britishers.

The writings in which he eddied the Britishers are not without any purpose.One of the purposes is clear from the above citation that the Ahmadis ,were under the shelter of the British Government.The other citation about Maurit ions proves that they were the favourites of that Government as notwithstanding opposi- tion by Muslims to the delivery of lectures about Ahmad;; ism.loSithe-Ahmadi Preacher, the Government of Mauritius allowed the Government Hall for 3 days in each week to 01 enable the Preacher to preach Ahmadism. The praise of the British Government by Mirza Sahib crossed the limits of even flattery and sycophancy. It is certain to raise doubts in the minds of the public that either he was playing the role assigned to him by that Government to cause disintegration among the Muslim Ummah and to condemn them to perpetual slavery 'or he was after acquiring benefits from it.

The argument that other Ulema had given similar verdict does not fit in because it is not a stray opinion or stray verdict in favour of the Government but a continuous process of freeding the bait.

It is difficult to treat it as an accident that Mirza Sahib, a claimant of being a Mujaddid, the promised Messiah and Mehdi and a Prophet extolled the British Government and in Iran

nearabout the close of the 13th century and after, Mirza Ali Muhammad Bab,. founder of the Babi religion and Hussain Ali (Bahaullah founder of the Bahai religion.) had estinitsee ,.' the Russians. il In addition Bahaullah had extolled the English _Government also and both of them had abrogated Jihad. Bahaullah in fact decreed abolition of Jihad. in the same manner as Mirza Sahib. At the end of the discussion on this point it would be pertinent to cite the views and reasoning of Allama Muhammad Iqbal.- "Does the idea of Caliphate in Islam embody a religious institution? How are the Indian Muslims, and for the matter of that all Muslims outside the Turkish Empire, related to the Turkish Caliphate? Is India Dar-ul- Barb or Dar-ul-Islam? What'is the real meaning of the doctrine of Jihad in Islam? What is the meaning of the expression "From amongst you" in the Quranic verse: Obey God, obey the Prophet and the masters of the affair, i.e. rulers, from amongst you? What is the character of the Traditions of the Prophet foretelling the advent of' Imam Mandi: These questions and some others whiCh-7arose subsequently were, for obvious reasons, questions for Indian Muslims only. European imperialism, however, which was then rapidly, penetrating the world of Islam, was also intimately interested in them. The controversies which these questions created form a most interesting chapter in the history of Islam in India The story is a long one and is still waiting for a powerful pen. Muslim politicians whose eyes were mainly fixed on the realities of the situation succeeded in winning over a section of the Ulama to adopt a line of theoligical argument which as they thought suited the situation; but it was not easy to conquer by mere logic the beliefs which had ruled for centuries the conscience of the masses of IsIanC.in India.

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In such a situation logic can either proceed on the ground of political expediency or on the lines of a fresh orientation of texts and traditions. In either case the argument will fail to appeal to the masses. To the intensely religious masses of Islam only, one thing can make a conclusive appeal, and that is Divine Authority. For an effective eradication of orthhodox beliefs it was found necessary to find a revelational basis for a politically suitable orientation of theological doctrines involved in the questions mentioned above. This revelational basis is provided by Ahmadism. And the Ahmadis themselves claim this to be the great service rendered by them to British imperialism".

He summed up at page 31:

"As I have explained above, the function of Ahmadism in the history of Muslim religious thought is to furnish a revelational basis for Indias' present political subjugation."

One of the petitioners, Mr. Mujeebur Rehman, who argued the case gave the following fomulations for his arguments:

(1)Scope •and extent of Article 203-D.

(2). The principles of understanding the Quran.

The spirit of the Quran.

The scope of the right to profess and practise the religion.

The right to propagate one's religion.

(6)The effect of the various covenents between the Quadianis and Muslims before and at the time of creation of Pakistan which ensures for them complete freedom of religion incliid- ing the right to propagate it.

Mr. Mujeebur Rehman argued upon the scope of Article 203-D in relation to the limitations on the power of the State and the ;authority conferred upon the Federal Shariat Court. He submitted that according to Quran and the Sunnah there is no obedience to any order involving commthsion of sin or disobedience of Allah and His Prophet. This is based on the famous tradition " J.s.Ohs 0i2.410 U (There is no obedience in sin) (Bokhari Kitab -ul- Ehkam, vol.2, pages 1057, 1058 and 1078) and similar other traditions. Relying upon Q.4:59 5-41?-61, AB I 1.1.4....101 ce. j..11 cf. I " J. Ul 0.351 Lb.-j .11 jj dIJI Lvi I aj Jr;

SJIi • 0413 .1_14 codligs4) tra-I

Q:4:59 0 ye who believe ! Obey Allah,and obey the messenger and those of you who are in authority; and if ye have a dispute concerning any matter,refer

it to Allah and. the messenger if ye are (in truth) believers in Allah and the Last Day. That is better and more seemly in the end, he argued that the verse refers to the dispute between the ruler and the ruled. He submitted that by the expression Ulul Mr in the verse are meant only.the persons in authority and not the Ulema or any other religious scholar as held by some of the scholars.. He-further submitted that the wisdom in Article 203-D is that it has been enforced for the avoidance and resolution of conflict in loyalties to Allah and to others including the State. For the first proposition he cited froth several books.

For the second point he particularly drew - the attention of the Court to the view in Tarjmanul Quran Vol.I, page 98, that there should be an institution for deciding the dispute referred to in the order

Lb—) ctu I csi I 4.):9 (14-: tsi rjs. itz " (and if you have a dispute concerning any matter; refer it to Allah and the Messenger), and argued that this Court is such an Institution. It is not necessary to cite from any book on the interpretation of Ulul Amr or to discuss this point since the point raised is unexception- able and has been held so by this court in case No. S.P. K-2 of 1982 . It was held that by Ulul Mar are meant the persons •in authority including the Legislature, Executive and the Judiciary in the State.

It is laid down in Article 203-D of the Constitution that the function of this Court is

to eliminate the discrepancy and repugnance with the Quran and the Sunnah of the Holy Prophet (P.B.H.) from any law over which the Court's jurisdiction extends. It, therefore, appears to be correct that to the extent of its constitutional jurisdiction the Court is an Institution as contemplated in Tarjamanul Quran, Vol. I, page 98, which can decide a dispute in respect of vires of a law viz-a- viz the Injunctions in the Quran And the SUnnah of the Holy Prophet (P.B.H.). There is hardly any.caVil with-this argument of Mr. Mujibur Rehman.

The argument that there is no obedience in sin is also unexceptionable. This Court hai already dealt in detail with this point as well as the -Scope of legislative power of a Muslim State in the recent judgments on therPress and Publications Ordinance, 1963 (Ordinance XXX of 1963) and the Civil Servants Acts of the Punjab, Sind, NWFP and Baluchistan.

On the second point he argued that what has been declared by the Quran and the Sunnah as lawful cannot be made unlawful by the State Authorities and for this one must look at the specific nass (verse). He laid stress on the necessity of ignoring Taqleed.

This in effect is an indirect challenge to the right of. the Parliament to declare the Quadianis.non-Muslims, The short answer to this point is that as stated by Altana Muhammad Iqbal this is a legal question. The Parliament, the Law making authority, therefore, acted within its authority in making the declaration in

in Article 260 of the Constitution. •Allama Muhammad Iqbal said:

it the question whether a person or community has ceased to be a member. of Islam is, from the point of view., purely legal question and must be decided in view of the structural principle of Islam".

A similar argument as mentioned above was also addressed by Stu Ghias Muhammad, Counsel for the Federal Government_ This Court has already decided this point and the scope of its jurisdiction while examining, the Provincial Civil Servants Acts. It was held that the Courta jurisdiction is not limited to speCOie nass of the Quran and the Sunnah., The Court can while examinilgthe vires of any law go into the principles laid dawn by the Quran and the Sunnah. The Court also held in the case of Muhammad Riaz etc. Versus Federal Government etc. PLD 1980 FSC I, that in public law it was not bound by the doctrine of Taqleed. This is sufficient to assuage the apprehensions of Mr. Mujibur Rehman.

Mr. Mujibur Rehman then dealtwith the principles of understanding the Quran. He submitted that the. first principle is that the Quran be interpreted in the. light of Quran itself since it deals with each subject matter in different ways.. The object of repetition is to engrave the subject matter on human memory. Sometimes the:subject matter has been treated shortly at one 'place and elaborated atahother.

He referred to Quranic verses - I Ufa; JIiS It

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'Thus do We display Our revelations that they may say (unto thee Muhammad): •"Thou'hast studied", and that We may make (it) clear for people whe have knowledge'.

Q17: 89

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.J2SI CIL; J5 0:i 01)411 u

And verily We have. displayed for Mankind in this Quran all kinds of similitude; .hut most of mankind refuse aught save disbelief'.

Q 17:41

..;.1 I 1.3.43

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'We verily have displayed (our warnings) in this Quran that they may take heed, but it increaseth them in naught save aversiOne.

Q 18:54

0.0 jcal I 11_43 tsi Limo " }-S I I iS e Li-LB

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'And verily We have displayed for mankind in this Quran all manner of similitudes, but man is more than anything contentious'.

There is no dispute with these principles. During the •course of argument Mr. Mujibur Rehman had been drawing our attention to various verses of the Holy Quran which according to hip are not controlled by the reason for revelation and have to be treated as general in scope. The second principle which he submitted, is that in order to understand a verse it is necessary to find out the reason for its revelation. This is helpful in the understanding of a verse though its meanings are not limited or particularised by the reasonS of revelation. The generality in the scope of its applicability is not cut down. It includes guiding principles applicable till the day of judgment. He sought support from Al-Itqan (Vol. I, about the ninth classification of reasons of revelation, pages 70 to 87).

The third principle is to consult the Sunnah of the Holy. Prophet (P.B.H.) if there is no guidance in the Quran. ,The last principle is that in case no light is thrown by Sunnah the next source to seek guidance for interpretation is the Asa'ar (what the Companions of the Holy Prophet (P.B.H.) said). lie urged the spirit of the Quran shall be properly understood and kept in view.

On the fourth point which includes freedom of belief ,and right to practise one's religion, Mr. Mujibur Rehman submitted that a few questions arise in this connection:-

(1)Does Islam entitle or allow a non-Muslim to declare the unity of Allah?

(2)Does Islam entitle and allow a non-Muslim to acknowledge the Holy Prophet (P.B.H.) as truth- ful in his claim?

Does Islam entitle non-Muslim to acknowledge the Quran as , furnishing a good Nizam-e-Hayat ( ril“; ) i.e., way of life and to treat it as worthy of obedience?

Is this permissible or not fora non-Muslim to act upon the Injunctions of the Holy Quran if he 4,o likes?

If the answer be in the negative where ip the Injunction in the Quran and the Sunnah in suppi*6. of the negation?

What course of action does the Quran propose Or provide for a person who not considered Muslim nor has any right to be so considered by belieiers,in the truthfulness of Quran in the Prophethood of Muhammad Rasoolullah (P.B.H.) and the oneness of Allah?

.:7PT151iiL verses Q 2:256, Q 8:29,

Q 10:99, Q 10:108, Q 26:3; Q 90:10, Q

Q 91:10 and commentaries of renowned commentators he summed-up that according to the Injunctions of Islam,-

(a)there.should be no compulsion for accepting religion;

(6)there should be no restraint against voluntary conversion to it;

(c)no one may be turned out of his religion by_use of force; and

(4)no one who does not want to stick to his religion should be stopped from forsaking it. He also referred to verses ,-

Q 16 : 10 6

J 0 . all IcfriS " -1 Crh•-tt. 41-1-; diSI C.)-• LH b si-459.5-J ci_z Cr' c,S...5 r413 , 41J1

'Whoso disbelieved)._ in Allah after his belief - save him who is forced thereto and whose heart is still content with Faith - but whoso findeth ease in disbelief: on them is wrath frora Allah. Theirs will be an awful doom'.

Q 44 19

r.S1Ii y.:.1" 04-az Di Liu -01..J 54; 61 cre,AS jz

o int crez-v5 j1rr--111 c)—(2)-L1-A, Ltd 5.43A C 1 islatj " al

'0 ye Who believe! It is not lawful for you .forcibly to inherit the women (of your deceased kinsmen), nor (that) ye should put constraint upon them that ye may take away a part of that which ye have given them, unless they be guilty of flagrant lewdness. BUtHconsort with them in kindness:, for if le hate them it may happenthat ye hate a thing "wherein Allah hath placed MUCH good'. I

Q 2:256

0.i 4.51 " J.-iSi. 1 0. 1 . - 1 ..34.4.9“ crejr.

4115 1./,J Iiircs1

'There is no compulsion in religion. . The right Afirectionlis henceforth distinct from error. And he who rejecteth false .deities and belieVeth in Allah_ hathsrasped a firm handhold which will never break. Allah: is Hearer, Knower'.

Y. Q 6:108

4tl L..41JLc.'Ltj..J) " Lei r reeit . -re.

. Cr; I " 0 Je4j.: reit "Had Allah Willed., they had not been idolatrous: We have not set thee as a keeper over them,. nor art thbu reSponstbie for them".

Q 1Q:99

Lk/ u (01 0-- " Lr t...1 1 relS o C

.5-L-"•

"And if thy Lord willed, all who are in the..earth±would have believed together. Wouldst thbu (Muhammad) compel4men until they are believers"?

Q .

J.,J1 i..5 It

LIJjx:11 r5.1) Jize. L.; 6 LP a:

" a j,4-er51.6 bIL, Say: 0 mankind! Now hath the Truth

from your Lord come 'unto you. So whosoever is guided, is guided only for (the good of) his soul, and whosoever erreth, erreth only against it. And I am not a warder over you'.

Q26:3

UI SLCJT

n " V ()sr. ,

'It may be that—thou tormentest ttlys.0..t co Muhammad) because they believe not,

(4.40 Jj..:.; Ls;

44.—J1 0. "

w0 c)..—c. Ltd riLl c—iLis_,T 'If we:will,. We can send down on them from thd:skya portent so that their necks would remain beweMbefore it'.

Q 90:10

0 L>t....1..."..:11

"And gnide.himto, the - parting of the mountain ways'.

Q91:9

0 lti j CW1 Xi

'He As Indeed successful who causeth it to grow.

Q 91:10

0 Lt....., a 0.. Li- J..;

'And he Is indeed a failure who stunteth. it'.

Q 18:29

stt Cr'' rSv 0. j"11 "

L*J4.1.

LiiiJ Ci I 9

II 0 Lizi.

'Say: (it - is) the 'truth from the Lord of your (all). •Then whosoever will, let him believe, and whosoever will, let him disbelieve. LoLWe•have prepared for disbelievers Fire! Its tent encloseth them. If they ask fOr shOwers,.theywillhe showered• with. water like the tolten lead Which. hurneth the faces. ':CalaMitous the drink and. ill the:reStingplace'l Verses-Q-109i4-,: Q 10.5 and Q 109:6 clinch, this matter and. leave. to his religion. •It is as follows:-

Q,.1094

I. ..3.1 Is L:1 IJ,"

'And I shall not worship that which 'ye worship'.

Q 109:5

0 arc., L 0,63.:1-c• F..-;1 1J, " 'Nor will ye worship that which. I worship.'

Q 109:6

o >n3L5.1.9 rS ot. J

'Unto you your religion, and unto ne nY religion'.

Commenting on the verse Q 10:100 Syed Qutab wrote: "It is' said that if Allah Wished

to compel all mankind He would have done so and have left no one with a discretion to the contrary. But the divine wisdom: some of which we know invests mankind with the capacity to do good or commit mischiefl to be guided or remain mis-guided. Belief is a matter based on discretion. Even the Holy Prophet (P.B.H“) cannot compel anyone to accept it because there is no scope for compUlsion in matters concerning heart (‘:

-.0 ) or conscience (Fi- Zilal-il-Quran, part 11, page 188).. The comtentary known as Tafseer-e- Rdhul Beyan by Ismail Haqqi (Vol. 4, page 84) is to the same .ffect 1 It is stated that it is not within the wisdom of Allah to base the creation of mankind on the principle that everyone should: be A believer, The divine principle is that a person may believe or may not believe according to his own liking. It is stated further that when Allah found that His Prophet (P.LII.) wished that all persons should believe, He 'revealed this verse and suspended the belief of his _(Prophe ta7 people on His t will or pleasure and said to him your creator does not wish this but do you want to compel on what Allah does not will (that all persons may become believers)..

The commentary refers to the View of Al-Kashli that this verse Was abrogated by the verse about Jihad;_but added that the correci position isthat - lt is not abrogated becauthe the compulsion in matter of faithis.not correct as this is a matter pertaining-to heart. Also see Madarik, u1-Tanzeel, Vol, 2, page 38. Al-Nan'ar

• part 11, pages 483-484, Ma'ariful Quran, Vol. 4, page 5,77, Tafseerul Maraghi, part 11, page 158.

The words r L IG vz..:1 1,5 11: . rtiz 145 " (we have not set thee as a keeper over them, nor art thou responsible for them) in Q 6:108 have been similarly interpreted (See Tafseerul Maraghi, part 7, page 211, Ruhul Bann, Vol. 3, part 4, page 48, Al-Manar, Vol. 7, pages 501- 502, Fi7Zilal-il7Quran“part 7, pages 305-306, Ma'ariful Quran; Vol 3, page 413, Tafseerul Kabit by Rag part 12, page• 103). In Al-Man tarthe functions of a Vakeel or keeper aie stated and it is said that the Holy Prophet (P,B.H.) was sent by Allah to acquaint the people or teach: theta the religion or give good news to themor inform them about adverse consequences if they do not believe and thus establish the religion of Allah. These are the functions of the: Prophet 'Alt he is not a keeper over them from the Creator. He was not empowered to interfete tta his people to tbe extent of using compulsion in respect of belief, According to Fi-Zila1-117Quran (commentary by Syed Qutab Shaheed) the verse involve* the formulation of the Ummah.

All commentators have dealt with. the principle of Ikrah Or compulsion in religion. See A1,-Mughni, part8, page 243, Tafseer7e- Baizawai,,Vo1. I, page 362, Madarik-ul-Tanzeel, Quran, part 3, part I, page 170, Fi-Zilal-iL, pages 26-28, Al-Maraght, pert 3, page 16, Al- Man'ar, page 3, page 36, AI-Maraghi p part 13, page 53, Al-Manar, part 9., page :665 4 Tarjmanul

Quran, Vol. I, page 267, Tafheemul Quran, Vol. I, page 196, Rurul Meant, Vol. 3, pages 12-13.

According to Al-Mughani one view is that mere threat may amount to Ikrah. According to Al-Man'ar, Vol. 3, page 16, belief is the real religion. It is obtainable by satisfaction of mind: It is not possible that satisfaction of mind may be obtained. by-compulsion. The only course for achieving is. that of arguments and reasons.

The important point (see Al-Mantar, Vol. 9, page 665) is that it is not permissible to compel a person to give up his belief. The right not to be compelled is treated a fundamental right,(Fi-Zilal-il-Quran, Vol. 3, pages 26-28).

Reliance Was placed for interpretation of.Q 18;29 on Al,Maraghi, part 15, page 143. Fi-Zilal-il-Quran, part 15, page 95, Tafseerul Mazahiri, Vol. 6, page 10, Tafheemul7Quran, Vol. 3, page 23. It is clear from this verse that it gives an option to each man to accept a belief or not;

The: sum and substance of all the arguments based on these verses is that there is no compulsion inmatter of religion and this is not the scheme of Allah that all persons should believe. The Holy Prophet (P.a.K.) was sent only for the purpose of making His message known; it was never intended that he should compel people to accept Islam. There is nothing in the 9uran and the Sunnah which:May permits placing of restrictions,upon4on4ieiievera against

believing in the unity of God, the truth.- fulness of the message and reason of the Holy Prophet (P.B.H.) the message of the Quran or making the Quran their grund norm. Similarly it is not lawful to turn a person by force out of the religion he wishes to stick to: He added that the 'Ordinance amountsiO_Efirning:the Quadianis by force out .of the religion of Islam to Which they would like to-stick. In this connection the meaning of the word Ikrah was also Commented upon that it is not restricted to use of force only but extends to creating conditions under which it may not be conducive to profess .or practise ones religion.

The first:four questions posed by - Mr.MujiburRehMan to Zbe4''answered in the affirmative. There is to :bar - Constitutional; legal .or Shariiagainst the right of a non-MusIlm to deelare the unity of Allah:, to acknowledge the Holy Prophet CP.B.H,) as truthful in his claim, to acknowledge the Quran as furnishing :a good way of life and to act upon its Injunctions. The 5th:question does not arise in vieW of the affirmative answer of the 4th question; A clear answer to the 6th queStion is that such a: non-Muslim is to be dealt with like 'other minorities, subject to the conditions imposed by the Quran and the Sunnah which shall be considered at the appropriate place.

The four principles formulated by Mr. Mujibur Rehrian in regard to Ikrah' ( 451 ) (compulsion) are also unexceptionable but the

7 16q -

application of the third principle as done by Mr. Mujibur Rehman is not correct. The third principle is that np one may be turned out of his religion by use of force-,. He adds to this in the written arguments: "as we have been turned out". There is nothing in the impugned Ordinance that they have been turned out from their religion.

It was argued that to restrain the Ahmadis- .from calling themselves Muslims or posing as such amounts to turning them out of their religion which according to them is Islam. We have already considered this question and have reached the conclusion that the Quadianis of either persuasion: are. not Muslims but are non-Muslims; The Ordinance, therefore, restrains them from calling themselves what they are hot; since they cannot be allowed to deceive anybody specially the Muslinr!UMmah by peseg::- off as Muslims.. It has already been noticed that Mirza Sahib 'arid. the Quadianis other than belonging - to the:Lahori Group have turned the table upon the Muslims by calling them non-Muslims and beyond the pale of Islam and by substituting them as the:Muslim Ummah for a community in Which love and reverence of the Quran is sup reme .- This cannot: be to le rat ed and non-Muslims cannot be allowed to - encroach upon the rights and privileges of the Muslim community to the 'utter. :disintegration of the Ummah. Moreover this-does not Affect the rights of the Quadianis to profesa their faith in Mirza Sahib whether as a.,Ttophet or as a Mujaddid, Promised Mehdi or 'Promised Messiahspor does it

interfere with their right to practise their religion or to worship in- thei.place of worship according to its dictates.

The Muslim Sharia affords 'full protection to the practice of religion by the non-Muslims as well as to its profession; This'finds support from the Verses of the Holy Quran reproduced above and the interpretation of the same by the commentators: It is for this- reason that the Holy Prophet (13.1LHA and his worthy successors agreed to the beet_terms inter,alia in connection with the freedom of religion to the Polytheists and non-Muslims whether atwar-withMuslims or not.

The 'first step.in.this direction which was taken by the Prophet (P.B,H.) was the written Covenant with thelJews, Christians and other non-Muslims of. Medina.. The. first Article.

of, this.Covehant .establiShesHin the language of Dr. MUhammad HamidalaK that -"all those who were parties to the agreement were - considered to be as-one:Ummaih - Ccommunityr. This was clearly an attempt to make. a'political nation which could assist• ,Muslims asiwelLas non- Muslims, In Article 2.6 of. the 'Covenant it is. stated that the jews:of Beni Auf are. an Ummah with the.Muslims_whichMeans that they formed a political unit on the_basis.of.political alliance. The parties to the. agreement who consisted inter-alia. of Muslim. limmaft'agreed by the Covenant to be 'moulded. into a political Ummah which was given the name oti.,v..ra>1.94 4 e.LL2 II .t.;s4j1c4-7-m-," Ca political entity as against

others) (Article 1) and au,-) (a united political entity) (Article 26).

.After the formation of

0-1.J1 0

,J 0. were described:their respective rights and obligations in whidi it is implied that each one had the right to profess and practise his religion. This was, however, specifically provided: in Article 26 that the Jews shall follow their religion and the Muslims shall follow theirc (See ibn-e-HAshsham,, Urdu Translation., Vol. I, page 554). In AI-Haroon Albramkah_by Umar Abunnasar (Urdu Translation hy_Shaikh Muhammad Ahmad Pani Pati at pages 278-279) it is stated that in the time of Haroon-ur-Rashid there is notone example of prejudice or intolerance, In. Syria, Egypt and Rome Christians had-a general permission to construct Churches to worship in them and to takeout the processional the Cross: The Jews had complete right to worship 'in their Synagogues, Fire worshippers could keep their fire burning without any restriction and coald worship fire. In Sind there Was no restriction on the Hindus to worship in Temple or bowing before their idols. In short there was no compulsion in mattenof religidms.

In his book TarikhAl,Tamaddan Al-Tslami, Jarji Zaidan Editor of Al,Hilal of Egypt writes (Vol. 3, page 194) that one of the: reason2of the hurried progress of the.Mussalmafigin the educational field was.that the Caliphs of Islam had great regard for the Scholars: of.each_nation and each religion and-reWarded them generously.

They never thought about their religion, lineage or race. Among them were people belonging to every religion i.e., Christian, Jews, Sabians, Samaritai , and fire-worshippeta. The Caliphs treated them with utmost respect and regard. The non-Muslims had the same freedom and status which the Muslims.' Ameers and officers enjoyed. At page 282 is given an example of the treatement of Haroonur Rashid and the tolerance shown by him towards the Christians. It is stated that "this tolerance was so strong that once being desperate of the successive breaches of promises of the Roman Caeser and the depredations at the border, he asked the Chief Justice, Imam Abu Yousaf,why the Churches of the Christians in the Islamic realm were protected and who allowed them to take out processions of the Cross in the cities, Imam Abu Yousaf daringly replied that during the reign of Hazrat Umar after-conquest of Roman Provinces, it was given in writing to the Christians that their churches shall be protected and they had full right to practise their religion and to take out the Cross. Now ityd6 not within the power of any one to abrogate this order.

It is well-known that Hazrat Umar refused to distribute the conquered land in possession of the Zimmis, (protected sObjects) among the Muslim conquerors, notwithstanding their demand to the contrary. The covenant of amnesty given by Haztat Umar:t6;./the residents of the Baitul Maxidas is a historical document, the relevant portions of which are as follows:- "This amnesty is granted by Amirul

Momineen, the slave of Allah to the people of Elia

telt) ). This amnesty covers their lives, property, church,Cross, the healthy and the sick and all people of their religion, Their Churches shall not be inhabited nor shall be demolished nor their Crosses or properties shall be diminished. There will be. no compulsion on them in the matter of religion".(Tarikhe Tabri. Vol.II Urdu translation by Syed Muhammad Ibrahim page 501; Covenant 357 pages 304, 305 of Siasi Wasiqa Jat by Dr.Muhammad Hamidullah; Al-Farooq by Shibli Numani Vol.II page 149).

Huzaifa Binilyaman gave a writing to the people of Madinar that their religion will not be changed and there will be no interference in their religious matters.(Tarikhe Tabri page On the occasion of the conquest of Jarjan it was stipulated in a contract that amnesty was given to their lives, property, religion and none of these things shall be changed (ibid page 155). In the amnesty granted by the Holy Prophet (P.B.H.) to the residents of Magna, Hunain and Khyber it is stated that he had come to know through a divine revelation that these three groups had returned to their. houses. Let them return.-.1 'There is amnesty for them from Allah and his Prophet (P.B.H.). Not only there is amnesty for your lives but alsoyour religion, property, slave and every thing that you own. In all these things you are under the protection of Allah and His Prophet (P.B.H.) Besides these the following other concessions are granted to them:- Exemption from payment of Jazia.

Exemption from forbacKIabeur.

Exemption from participating in Military Manoeuvers.

Exemption from forcing them to vacate their houses for Military exigencies. 7 to 8

9.Allowed.'to go out armed.

10.You can fight anyone who attacks &di" and in such fight you will not be - forced to pay the Diyat or be subject to retaliation for the murder of your enemy.

11 to 17 18.There will be no restriction on your taking your dead bodies.

M9.It is incumbent upon the family of the Prophet and all the Muslims t6 have full regard for your nobles.

20 to:_21 22.It'is not permissible in Islam to force a man to become a Muslim. 23 to 26 27.Whoever reads or listentto the subject of this letter and proposes alteration in it or opposes it is subject to condemnation from Allah, His Angels and the entire World I shall be his enemy (on the day of judgment).

It

(Siasi Wasiqa Jat Covenant 34 pages 59 to 62).

Covenant No.94 (ibid pages 96 to 98) is a covenant between the Prophet .(P.B.H.) and the Christians of Nijran, It contains most liberal conditions.. The relevant conditions about religion are in Articles 8B and 9. The Prophet (P.B.H.) made himself responsible for (the freedom of) their religion and for their soothsayers and religious leaders who lived in. gecluston.

.e7\

The covenant with Said bin Hans and other Christiansof his community provided inter-alia for the complete freedom in matters of belief and practice of religion which was' undertaken by the Holy Prophet (13.13.11.) (Article 5) and'Ule protection of their churches, places of worship,' monastries places for rest of travellers whether in hills or plains or in dark caves orwhether - they'are surrounded by populous places or ars situated in the valleys or deserts" (Covenant No.95 .ibid page 109)."No Christian can, pe compelled to become a Muslim" (Article 23)"In religious discourie they should be treated:welflArticle 24).

The Order of the'prophet (P.13,11.) for the relatives •of Salman Farsi-, who were fire- 'worshippers (ibid-page 331), gr-aPtecisimilarly full protection in respect ofc7t1i.Oir. 7--7, -;1_- 2 religion, (Article 8),"the restoration of their places of,worship, their income and the freedom of their expansion and -development (Artiele 4 ibid pages 334 and 335)."If a Chrietian is the wife of a Muslim she should be free to practise her religion,and_to consult her religious scholars on matter (concerning religion). Whoever restrains his Christian wife from-the practice of her religion is an opponent of this covenant from Allah and his Prophet and he is also a liar" (Article 35).

During his Caliphate Hazrat Umar gave a new amnesty to the people of Najran. He maintained all the facilities—and concessions given to them by the Holy Prophet and gave them some additional specific Concessions.about the

protection inter-alia of the manner of their worship, of their clergymen and hermits (Covenant No.98 ibid 114, 115). Sections.208 and 209 of the Muslim Conduct of State by Dr.Muhammad Hamidullah are as follows:- "(208) The famous compendium of Hanafite law, viz. al-bahr ur-Raiq,•is explicit that the graveyards of non-Muslims should be respected as much as those of Muslims; and just as their life, property and honour are respected in their life, so also their bones after their death.

(209)Both'Abu Hanifah and Ash-ShafiYiy agree that if non-Muslimi wish to study the Holy Quram or the Hadith of the . Prophet, or the Muslim law (fiqh), they cannot be prevented from that." In section 200 of the book it is stated: "Muslim law has maintained a considerable distinction.between Muslim and non-Muslim subjects. In many respects the latter are better off. They are exempt from the surplus property tax (Zakat) which all the Muslims male or female, young or old, pay every year at the rate of 21/27 on their savings, abo-ve the minumum of 200 Dirhams(or about li 2-10). They are also exempt from conscription; whereas all Muslims are subject to compulsory military - service. They enjoy a sort of autonomy,,their cases are adjudicated by their co-religionists in accordance with •their personal law. Their life and property is protected by the Muslim State even as those of the Muslim subjects."

In Tareeklt1-Afkar-i7Siy Khan writes at-page 181 about the religious tolerance of Muslims:- "Almost in every age religious tolerance has. been a distinctive feature of the Muslim State, There are instances when

some times religious restrictions on the Muslims were imposed by the Government and many a time Muslims:had. to suffer desparately when they were made to account for their. religious beliefs (which may be in variance with the belief of the monarch). But the history is unable to furnish any example of the equality of treatment afforded to and the liberty in matters of religion enjoyed by non-Muslims as a subject of a Muslim State."

He Writes that in Islamic States there was complete religious liberty and members of different religions used to praCtise their religion in their own manners (according to their conscience). It was the duty of the Government to protect their places of worship. Some instances of oppressions suffered by Zimmis can be traced down to the time of Mutawaqqil Allah but one reason for it Was that at that time non-Muslims had started conspiring against the established Government, and such conspiracies,were held in their places of worship,. It was for this reason that their movements had to be restricted and their dresses had to be prescribed by the Government. Otherwise Mutawaqqil Allah personally was absolutely an unorthodox. person and was a supporter of religious tolerance.

He further writes 'that Abbasi Government went so far in religious tolerance that the followers of Maani who could not have any asylum in Iran although it was their oWn country (home- land), were permitted to propagate their ideas in Baghdad. Similarly' the learned people of India, Jews and Christian Missionaries used to propagate their religion in Islamic Countries without any

restriction. During the Rule of Banu Ummayya the non-Muslims were appointed to high offices of the State but during the petiod of Banu Abbas a non-Muslim was appointed a Prime Minister. The Prime Minister, of Mohtashim Fazal bin Marwan was a Christian and during his tenure the entire management Of. Baitul Hikmat in which the books of different subjects were translated VAS in the hands of non-Muslims; The importance obtained. by Jibrail- family in the Court of Banu Abbas is a famous historical event.

Abdul Rahim in Muhammadan - Jurisprudence (reprint 1958) refers at page 251 to a tradition of the Holy Prophet'from.Raddul Mukhtar, (Vol.III, page 319-20) flaeave 'alone the non-Muslims and whatever they believe in". It is on this principle that according to. him Shafei.verdict is that Muhammadan :Law will abstain fromAnterfering with a non-Muslim drinking alcohol while "in Abu Haneefa's opinion, - the law will also uphold the sale of wine by a non-Muslim, and will hold .a pers6n who destroys it liable to damage. Similalty, according to him the law will not interfere with a Magian subject of the Muslim State marrying a person within the prohibited degrees Of relationship as reckoned in Islam, and the Court will, if called by the wife, pass a decree against him for het maintenance." In his. book LIslami Riyasat" ilAulana Mauddodi Stated that:

"Zimmis are of two types. Firstly those who while-achleving.the guarantee from the Muslim State entered-into a contract with it and secondly those who obtained the guarantee without such -contract. The first p

type of Zimmis will be governed by the terms of the contract. So far as the second kind of Zimmis is concerned, it is clearly implied, that 'we shall safeguard their lives, property and honour in the same manner as we protect our own lives, property or honour. The price of their blood will be the same as the price of the blood of Muslims. They will have perfect liberty to profess and practise their religion. Their places of worship will be immune. They will have a right to arrange for their religious education and the Islamic education will not be thrust upon them." (page 523). It is clear from the Verses of the Holy Quran, the covenants of the Holy Prophet and his successors and the conduct of the other Muslim Caliphs in history that the non-MugIims enjoyed such concessions in those days which have not been provided by the Colonialists to their subjects in some countries till recently, In fact, such rights have not been provided by many States to their citizens. In respect of practising and professing of their religion the non-Muslims enjoyed full freedom and the right to profess and. practise the religion was treated as virtually a fundamental humAn right.

Islam teaches absolute tolerance in matters of religion and leaves it to the conscience of a man to accept the religion of Islam. No compulsion in this respect is allowed in Islam. A person may believe or may not believe. Even the Holy Prophet (P.B.H.) was not empowered to interfere with his belief except that his function was to take the message to him and explain the same, and give good news of paradise if he believed and to give bad

news of hell if-he disbelieved, (the last is his function in his capacity as Bashiran Nazir4).

All these arguments are however hardly relevant since the impugned law does not force the Quadianis.to change their belief and to be converted to Islam.

Faced with this situation Mr.Mujeebur Rehman complained that the Quadianis are restrain- ed from professing Islam as their religion and they have been deprived of the right to call Azan which is apart of the religion and to call their places of worship as Masjid. BUttSWAtteitileirMnims cnor?arei—tkiel§lri tiat:thisrdi:ikki:

8crtisc*Tp-rii-iciOre,sifikrah:6\Hotee or threat to which these verses apply. The verses apply to conversiOn to Islam from an other 'religion.

Mr.Mujeebur Rehman discussed the binding nature of. Covenants according to the Holy Quran and the Sunnab. It is not necessary to deal with these arguments since the Injunctions of asite (fulfil you contracts and ,4,Jautd“1/21 (fulfil your covenant 0 leave no doubt about the correctness of this proposition. The best instance of this is of the treaty of Hudaibiya in which one of the conditions agreed:upon by both parties was that if any muslim who was with the polytheists of Makka went without their permission to the Muslims, he would be returned to the Meccans. There were instances in which Muslimwho were maltreated and tortured by the Meccans escaped and reached Medina but they were ordered by the Holy Prophet to return because of his obligations to the stipulations in the treaty.

Mk. Mujeebur- Pehtan argued that'at- the time of the establishment of Pakistan there was virtually a Covenant between Quaid-iAzam and the Ahmadis and the declaration of Quaid-i-Azam about the complete equality in Pakistan of Muslim and non-Muslims and their freedom inter- alia of professing and practising their religion amounted to an implied- contractor warranty ,which were included or implied in different Counstitutions of the Country ;upto 1973. The Constitutions guaranteed the right of all citizens of Pakistan to profess practise and propagate their religions and upto 1974 they did not declare the Quadianis non- Muslims.

No ;covenant between the Quadianis and Quaid-e-Azam was shown to us that they shall be treated as Muslims nor this question arose at the time of establishment of Pakistan or -dueing the life time of Quaid-e-Azam. No reliance can be placed upon the Constitutions of 1956, 1962 and the original Constitution of 1973 since the Quadianis were declared non-Muslims by a Constitutional -samendment which was unanimously passed and which was the result of series of agitations by Muslims. It declared the Quadianis non-Muslims.

In order to understand the necessity for the enforcement of this Ordinance it would be necessary to consider the effect of the Constitu- tional amendment of 1974 by which the Quadianis were declared non-Muslims. The view put forth with

vehemence by Mr. Mujibur. Rehman was that the Constitution merely declared the Quadianis as non-Muslims but did not impose any liability upon them to treat themselves as non-Muslims. We posed a questionto• him whether the Constitu- tion was binding upon the Quadiani citizens of Pakistan or not.. He agreed that it was binding on them. It would followfromthis concession that the Quadianis are bound,by the declaration that according to the Constitution and the law they are non-Muslims. They can be candidates in elections to the National and the Provincial Assemblies, for seats. reserved for non-MuSlims. In suits involving question of their' faith they must call themselves non-Muilims. No legal right can be claimed by them on the assumption of their being. Muslims. Th“r insistence on calling themselves Muslims while arguing this petition is clearly unconstitutional.

Article 260(3). declares.. the Quadianis as non-Muslims for the,purpose of the Constitution and the law. Article 20 guarantees to the citizens of Pakistan the right inter-alia to profess their religion. This Article is. no doubt subject to the other provisions., of the Constitution. This point was in fact conceded by Mr. Mujibur Rehman.:Read with Article 260(3): of the Constitution, the above provision of Article 20 will mean that the Quadianis can profess that they. believe in. the unity. of Allah and/or the prophethood of Mirza SahFb, but they cannot profess themselves to be Muslims.or their faith to be Islam.

Inadvertently in the short order certain observations' have crept in, but the position has been fully explained in this comprehensive judgment. It is not“therefore, correct to urge that the

- 18l -

Constitution does not oblige them to call themselves. non-Muslims.'

The whole difficulty in this case arose because of the conduct of the Quadianis that despite their obligation not to call themselves Muslims or their faith as Islam, they persisted in calling themselves Muslims And carrying on their•propaganda. and preaching in. the name of Islam. They should- have refrained from directly or indirectly.posing as Muslims but they obstinately persevered in trying the patience of the Muslim Ummah by acting contrarily. One of the reasons for banning the use of epithets which are exclusive for the companions of the Prophet (P.B.H.) his wives and the members of his family is that by their use the Quadianis indirectly pose as Muslims, The expressions IJimnul Mumineen (mother of .the Muslims) Ameer ul Momineen, Khalifatul Muslimeen, Khalif at ul Momineen (all denoting Head or Chief of the Muslim Ummah) include the words Momineen .(MuslimSjor Muslimeen which may deceive the people that the bearers of such names are or call themselves Muslims;. The expression 'Razi allah anho' is used in the Quran as a form of blessing for the companions -ofy the Holy Prophet (P.B.H.) or atilioPs for the Muslims. The words -1 Sahabit and ahl-e-bait' are used by the Muslims for the companions and members of the family Of the holy Prophet respectiVely all of whom were the best of Muslims. The use of such terms in respect:of the companions or members of the family of Mirza Sahib means that the Quadianis are 'posing as,Muslims. The other point doubt is that in the view of the Muslims the ,s90;

use of such sacred expressions by the Quadianis in respect of the wife, members of the family, companions and successors of Mirza Sahib amounts to defiling them

Similarly calling of Azan and the naming of MaOjid- - for the place of worship is considered as sure sign of the person calling 'azan' or of the persons congregating or pary- ing in the mosque (Masjid) as being Muslims.

The provisions banning the use of these-epithets and expressions is in implementation of the Constitutional provision and a consequence of the reiteration in this Ordinance of the principle that Quadianis cannot call them- selves or pose to be Muslims in any manner directly or in- directly.

The ban on preaching of religion is motivated by similar considerations.

The Quadianis achieved some little success among members of the Muslim Ummah mainly in the Punjab becuase of their strategy of calling themselves Muslims and assuring them that acceptance of Ahmadism did not mean relinquishment of Islam or conversion from belief to unbelief but gave them an option to become better Muslims. For this purpose they touch the usual chord of the educated Muslims' distaste for the intense sectarianism and persistent rigidity of the Ulema and tend to draw them towards what they preach to;*benliberalism in Islam. This strategy which paid some little bonus bears strong resumblance to the passing off by a trader of his inferior goods as the superior well known goods of a reputed firm. Let the Quadianis accept that their preaching is for conversion to a religion other than Islam even the unwary among the Muslims 1%4 be loathe to change his belief for unbelief. On the other hand Quadianis may have feeling of disenchantment about Ahmadism.

We are in agreement with Professor Tahir ul Qadri that if the Quadianis had taken steps to implement the Cons- titutional provisions the promulgationcof this Ordinance might not have been required. This ie one reason why the propagation of the religion had to be banned.

Another important reason was that the Quadianis by posing themselves as Muslims try to propagate their religion to every Muslim they come P/

across. They outrage his feelings by calling Mirza Sahib a Prophet because every Muslim believes in the finality of prophethood of Muhammad (P.B.H.). This creates a feeling of resentment and hostility among the Muslims which gives rise to law and order problem. His claim of being a Promised Messiah and Mehdi was also resented. This is not .a mere claim. It would be clear from the history of Quadianism - in fact from the books of Mirza Sahib himself - that he had to face considerable hostility at the hands of not only the Ulema but also of the general body of Muslims. His writings are. therefore. coached in the most uncomplementary and abusive language for his opponents. There were events when there were mass protests. See for instance Hayat Tayyiba by Abdul Qadir pages 121, 126, 140: Most of the writilosof Mirza Sahib are full of imprecations and abuses for his

L

opponents.. He also mentioned the hostility of the Muslims generally to him. (See Hammamat'ul Bushra, page 33; Izalat ul Auham, page 11). At page 35 of Hammamat ul Bushra he wrote:

"It is this claim on which my people (non Ahmadi Muslims) quarrerl with me and consider me an apostate ( )• They talkethloudlyanck4dictInot pay reverence to one who receives inspiration from Allah (, ) They said that he is a renegade, liar and an impostor ( xj. ). But for their fear of the word of the rulers they would have murdered me." Some events caused such a tremor and shock that they were called earthquakes by the followers of Mirza Sahib. According to the enumeration of the compiler of Seerat-i-Mehdi)there were five such earthquakes.

i)The first tremor which shook Ahmadism was the birth of a daughter in 1886 after the prediction by Mirza Sahib about the birth of the promised son during the same pregnancy.

,ds.

The second tremor was caused by the death of the son who was born after the daughter. The third one which staggered the Muslims • of Inida was the claim of being the Promised Messiah and Mehdi.

The fourth tremor was caused by the non fulfilment of the prediction about the death of Atham. The fifth was the one caused by the death of Mirza Sahib (much before Molvi Sanaullah and also of a fatal disease which was said to be Cholera, a death which according to the principle enunciated by Mirza Sahib was reserved for those who are forsaken by God and who invent lies against Him). (Seerat-i-Mehdi, No.113 pages 86 to 90).

This enumeration is based on a prediction said to have been made by Mirza Sahib about five earthquakes. Hitt if each of these events be treated to 4an earthquake within the meaning of that prediction, the enumeration is decidedly. incomplete. The ridicule faced by Mirza Sahib over his failure to marry Mohammadi Begum was seismologically of much longer duration and of successive tremors. Similarly the opposition and hostility faced by Mirza Sahib on his claim of prophethood had been such that its intensity is undiminished till todaY: The first, second, fourth, fifth earthquake and the episode of Mohammadi Begun., made Mirza Sahib the object of ridicule derision and banter for the Muslims, Christians and Hi *s alike. The claim of being the Promised Messiah and Mehdi in 1891 and of being a Prophet or the manifestation of the Holy Prophet engendered lasting hostility, indignation, condemnation and censure among the Muslim masses, religious scholars and intelligentia alike (see Seerat-i-Mehdi Vol.1 pages 86 to 90, Vol.2, pages 44, 64, 87, Vol.3, page 94).

This is a picture of the recurring extreme exasperations of the Muslims in his lifetime. After the creation of Pakistan the imposition Oxistitutiorma of Martial Law of 1953, the setting .up of Mummx Calmittee,d10

Amendment of 1974 all prove the extreme agitation chagrin, tension and mortificaton of the Muslims. SectidiC298-CdfAhe:-.-Paktafan TPenal Efi.*:>prohibits the outraging of the feelings of the Muslims which: furnishes proof of the restlessness and anger of the Muslims on matters' ultimately prohibited by the Ordinance. The expressions_Ummul Momineen, Mile-Bait, Sahabi, Ameerul.Momineen,.Khalifat-ul-Momineen and Khalifat-ul-Muslimeen were exclusively used by the Muslims for the family of the Prophet for the 'wives of the Prophet, for the companions of the Prophet and for those . rightful Caliphs who ruled after the Prophet respectively. These very expressions which according to the Muslims were limited only for those superior, personalities and those who.were blessed with the association and society of the Holy Prophet (P.B.H.) are used by the Quadianis in respect of the wife, family and companions of Mirza Sahib who were held non-Muslims. This has always been resented by the Muslims. It was for this reason that the Ordinance made the use of such expressions by Quadianis, a criminal offence.

The expressions Ummahatul Momineen or Ummul Momineen and the word AzwajuI Mutaharrat were used exclusively for the wives of the Prophet and this exclusive use has the sanction of the Holy Quran behind it. In regard to the wives of the Prophet it is said in the Quran (Q.33:6) re2kiola5ji, OAS wives are their mothers). Similarly there are a number of traditions in which each wife of the Prophet was called Ummul Momineen (the mother of the Muslims).. They are mothers of

the Muslims in addition, to each Muslim's natural mother and his foster mother (See Q.4:23). The reason for this relationship is firstly the superiority of the wives of the Prophet over all the women and secondly the prohibition against marriage with any wife of the Prophet after him. -1.7T)In verse Q-33:32 it is said

-4--j1 64 (0 wives of the Prophet you- are not like all other women). Similarly in •verse Q.33:30 it is sated i 44.1, to ci

" L.r. I i..ci I 14 LA (0 wives.of the Prophet if you commit any act of indiscretion its punishment in the hereafter will be double of the punishment of the others and this is very easy for Allah), These two verses clearly establish that the wives of the Holy Prophet (1\13.111 are not like other women. This is one reason why they have been given the name of Ummul Momineen or Azwajul Mutaharrat, This should. also be kept in mind that the wives .of the Holy Prophet (P.B.H) were left without any inheritance on account of the dictum that Ummah inherits the Prophet of Allah. Thus they were left without any income to Sdppor,t17, them. They lived during his life time in a state of absolute penury. In spite of this. if they had money .or edible in their homes they would prefer to give it in.charity to a needy than satisfy their own wants, Once they made certain demands. Soon came the warning from God-IfeTgave -tileththe choice to live a hard life or be divorced on payment of worldly goods and money (Q.33:28)-. They, however, opted for the blessed association of the Holy Prophet

L5'

c4r

(P.B.H). Among these wives of the Holy Prophet there were some who had seen affluence because they belonged to rich families for example, Hazrat Sauda, Hazrat Safia, Hazrat Juwairya andliszrat Umme Habiba. But they also preferred to live in a state of penury and want rather than leave the Holy Prophet (P.B,H.). It is impossible to compare these high personalities with any other woman, andenctOa, upon their title for some other Woman.

The other expression of 'Ahle Bait' from the use of which the Quadianis have been stopped is in respect of the members of, the family of the Holy Prophet (P.B.H.). In Q.11:73 it is said J.,31 kc4il2.,..-j (Allah's blessings be upon you '0 members of the family'). It is said in Q.33:33 ch 14) -/-4:5 It.r-t) IS:P(7-e diii au= (0:members of the.. family of the Prophet Allah wishes to remove from you all,that is dirty and wants to cleanse you with a thorough cleansing). The object of these orders, was to inform the family of the Prophet that they should remain away from all types of sins and disobedience and should maintain purity and cleanliness in matters of faith, action and manners.

It is clear from the Quran that these were the qualities of the meMbes of the family of the Holy Prophet (P.B.H.), 'otherwise the son of Noah f was not considered to bech member of his family because of his disobedience to the Injunctions of Allah. Verses 45 and 46 of Surah Hood (Q.11:45,46), bt read as follows:

(0AI 014.) JIjj 4-4) c.,-; 41-: " S a j I Lrl-el JU 0 c,..66,11

0-1 S-1 04 I. 0J-4,z lie 0 1>...J41.7J1 c.,1

Noah cried untolgis Lord and said: My. Lord! Lo! my son is of my household! Surely Thy promise is the Truth and Thou art the Most Just of Judges. He said: Oh Noah! he is not of thy household; Lol he is of evil conduct).

The expression Able Bait' is also exclusive for the members of the family of the Holy Prophet as would be evident from several traditions.

Those persons who are. not Muslims or who have not been Muslims cannot be called by this name. The use of such name by the Quadianis for the members of the family of Mirza Sahib is nothing but adding insult to injury; no other person can have the same qualities as the members of the family of the Holy Prophet (P.B.H.) possessed. It is not therefore, surprising that the Muslims resented this insult. The use of the expression tends to create law and

order situation and consequently it was in the interest of the Ummah to prevent the Quadianis from the use of this name by making its use by them a criminal offence.

The express ion 1 Raz iullah Ahno' al I crai ) means God is well pleased with him. There is sufficient guidance in the • Quran about those for whom this expression can be used. The following are the re levant Verses Q.9 : 100 , Q . 48: 18 and

Q.58:22:-

(Q.9:100)

ta;ti I 91. Cresr- Lei I 09-5 U I C.),L. Li " r- .) , . ALI I tri) 43..r. rej-c4. I J./....11 I L y:L=.4: c1.4. J 5 0..A 0 rtImc.1 I SJ I .1/ 1 Liti 0, JJ Q:9:100 ; And the first to lead the way, of the Muhajirin and the Ansar, and those who followed them .in goodness- Allah is well pleased with them and they are well pleased with Him, and He hati-Lmade ready for them Gardens underneath which rivers flow, wherein they will abide for ever: That. is the Supreme triumph.

Q.48:18

31 0“4..1 I 4.1J (se)a "

L riA; Lzac II J Lc:cacti

o C f

Q.48:18 Allah was well pleased with the believers when they swore allegiance unto thee beneath the tree; and He knew what was in their hearts, and

He sent down peace of re- assurance on them, and hath rewarded them with a near victory;

Q.58:22

c0,315./ ji-U 1 /5,..115 1.93 aee U _.e,,4T 5',4' diy.t,j 41.1 I Cr.

S-41 re: 31 rs- 1 rs 1 ,1

4-4 C rq *kJ .5 C.)LI U I re0-13 rris. Jt 4.:_arij 5 r.e.:c. &DI dr).) Leti ea...4 al 1 1.11 al I L.- S.4151 " 0 wi-Ji..11 Q.58:22 Thou wilt not find folk who believe in Allah and the Last, Day loving those who oppose Allah .and His mes- senger,, even though they be their fathers or their sons or their brethren or their clan. As for such, He hath written faith upon: their. hearts and bath strengthened them with a . from-Him,:and he will bring them :into Gardens under- neath which rivers flOw, where- in they will abide. Allah is well pleased with them, and they are well pleased with Him. They are Allah's party. Lo!

is it not Allah's party who are the successful?

It is clear from theseS verses that Allah gave this good news to either companions of the Holy Prophet (R.B.H.) or to MoMineen (believers). The expression 'Raziullah 'Anho' cannot be used for non-Muslims with whom: Allah cannot be pleased. The heretic and Kafir has no share in this good news. For them the news is that thershall remain in hell

rather than in paradise.. In these_circumstances it is not possible to lay down any such principle under which the heretics may also be able to use it. The established principle in Islam is that Allah will not forgive the unbelievers though forgiveness is prayed,for.them:by Muslims. See Q.9:80, Q.63:6 and Q.9:114 which Are reproduced - below:-

Q.9:80

c)' 4iJet. L131 rei " otat- 45...), 414 .1.27iS re.:113J I re' 0 Ii 15

Q.9:80 Ask forgiveness for them (0 Muhammad), or ask not forgiveness for them; though thou ask forgivness for them seventy times, Allah will not forgive them. That:As because they disbelieved in Allah and His messenger, and Allah guideth not wrongdoing folk.

Q.63:6

r.1 ( I rei .1 rer. t " . c,,J , 0,1) "0 ,Wl 5 JI LI ,JJ I 01

Q.63:6 Whether thou ask for- giveness for them or ask not forgiveness for them, Allah will not 'forgive them. Lo!

Allah guideth not the evil- living folk.

Q.9:114

(:“_c.1.11 r......411

"o 1.1 r.431,11 c 4.

-°!n

Q.9:114 The prayer of Abraham for the forgivness of his father was only because:of a promise be had promised him, but when it had become clear unto him that he-(his father) was ;5.an enemy. to Allah. he (Abraham) disowned him. LolAbraham was soft of heart long-suffering.

It would be evident from these verses that those whci are not to be excused cannot hope that Allah will be pleased with them. MnMujeeburJtehman showed us a number of books in regard to Sufis and other Muslims for whom this expression was used,. But this cannot be helpful to him because as stated above it can be used.. for the believers. It.was not denied that this expression was not used by non-Muslims. This is sufficient answer to his arguments. The other disputed expression is tSahabir. This word has admittedly been. used for the companions of the Holy Prophet (P.B“H.) and not for non-Muslims'. But the Quadianis used it for the companions of Mirza Sahib.

The meaningsof this term were explained by Allama Sakhawi. "Abul Hussain writes in Motamad that 'Sahabi' is a person who has remained associated for long with the Holy Prophet'(P,B.H.) as. a follower. .an.d acquired knowledge .from him". (Fath, uI MugheeS page '371).

Sahabi was therefore that fortunate person who had the good_luck to associate with the Holy Prophet (P.B.H.) as believer and who died as a believer; (See Mulakhkhas Isaba, Vol.I, page 19 and Usd-ul Ghaba Vol,I pages, 18, 19). A person. who associates with one who is called a false Prophet, cannot be called by that special and technical name.

It is worthwhile noticing that the Holy Prophet (P.B.H.) said

The tradition mentions three generations who are known as Sahaba,Tabaeen-and Taba.Tabaeen. From this tradition also it is evident that Sahabi Was a person who had association with the Holy Prophet Tabaeen were those persons Who came after the companions and. did not see the Holy Prophet (P.B.H.) and Taba Tabaeen were those persons who followed the Tabaeen. The important consideration. or condition: for being a Sahabi as stated above is .that .he must: have mat' the Holy Prophet (P.B.H.). He must have met him as a believerand then died as a believer and not in unbelief.. The other. expressions are..Ameerul Momineen, Khalifatul Muslimeen, KhalifatuI Momineen. These three expressions which include the words Momineen and Muslimeen (believers) are obviously exclusive for Muslims. It is a well known qualification of the highest office holder whether he is called by the name of President, or by the name of Prime Minister, King, Khalifatul Momineen, Khalifatul Muslimeen or.Amedrul Mominee, that he should be a Muslim. Hazrat Abu Bakr had adopted the title of

Khalifato Rasoolilla. Although every man is a Khalifat Ullah (Deputy of Allah on this earth) but Hazrat Abu Bakr only assumed the title of Khalifato Rasoolillah. When the second Caliph took the reigns of Caliphate he thought that he would call himself Khalifato Khalifate Rasoolillah which means that he was to be a successor of the successor of the Holy Prophet (P..R.H.). But it was felt that if the word Khalifa (successor) :is joined to the title of each succeeding ruler the title would go.- on elongating. Hazrat Umar therefore took the title of Ateerul Momineen. (Islam Ka Nizame Hukumat, pages 244, 245). The title of Ameerul Nominee:tor Khalifatul Muslimeen or Khalifatul-Momineen thus became a title which was exceptional .and exclusive for only rulers among the Muslims. No Muslim would like that this title be adopted by persons_who are non-Muslims or who secede from the Muslim Ummah. It is for this reason and particularly on account of the hostility of the Muslims towards the Qqadianis for the use of these epithets and expressions that this Ordinance was promulgated.

Mr.Mujeebur Rehman argued that the expression !Raziullah Anho' was used for several Sufis, Saints. The expressions Ameerul Momineen was used for Imam Malik who was called Ameerul Momineen fil Hadees and for Nizam of Hyderabad, the word Ummul Momineen was used for a :Female dis'clpteof _ a Saint.

These arguments are besides the point. The stray use of such terminology for Muslims or for Saints among them was not )taken exception to( because_ at least all the persons for whom it was

used wei.e Muslims and not unbelievers, secondly it was not done for the purpose of imitating the Holy Prophet (P.B.W.)., thirdly these examples were stray.

The use of such expressions by the Quadianis is based on the principle that Mirza Sahib was the manifestation of the Holy Prophet (P.B.H.) and his alleged advent is. the second advent of the Holy Prophet (P.B.H.). Consequently his companions, his wife, his members of the family and his successors are entitled to the same respect and recognition as the companions, the wives, the members. of the family, the successors of the Holy Prophet (P.B.H.). If Mirza - Sahib is Muhammad his companions are the Companions of the Holy Prophet (P.B.H.) (Alfazal Qadian Vol.3 No.8 dated 15th July 1915 taken from Qadiani Mazhab, page 353). - Mirza Sahib is more specific. He said . pagnsit My person becanjeihis personality(44) whoever enters .my group entered the body of the Companions of the Holy Prophet (P.B.H.). (Khutba7i- Ilhamia pages 258, 259).

The impugned Ordinance in this respect is fully justified.

The next question is about the ban an Azan. The Ordinance prohibits the non-Muslims i.e. Quadianis from calling persons to prayers by the formula of Azan. The word Azan means to call. Mo'azzan is the person wha calls. These Dictionary , meanings are clearly established from a reading of Verses Q.7:44, Q.1270 and Q.22:27.

The Holy Quran says - Q.7:44 a at

" 0 ce.-...1.1;J I 01_4. 411 I

cs-w°

Q.7:44 And a crier in between them crieth: The curse of Allah is on evil- doers:

Q.12:70

"0 co -.;) LI 4:1

Q.12:70 And then a crier cried:

0 camel-riders! Ye are surely thieves!

Q.22:27

Scle ca.I 110..U1 0.; cyst, c.) cie.4.)-Lb L15 (.5-1-0, bt-

Q.22:27 And proclaim unto mankind the pilgrimage. They will come unto theejon foot and on every fean camel;

they will cone from every deep ravine:

In these three verses the word Azzana --bap of which Azan is a noun has been used in the meaning of call. The call is for informa' tion. The word Mot azzin has been used in the sense of caller. These are the dictionary meanings of the words Azzana, Azan and Mo'azzin. In the words .61.41 LsJi.; in Q.62:9 (when call is given for prayer) the reference is to the mode of call for prayer which is known as Azan. It is for this reason that these words were translated as 'when Azan is given'. The verse and its translation is as follows:-

Q*6?:9 *-43.Q4J1' ;.(:

. 0.1.111c:f ile "

r4t. I 5) ij 4111.).5.3 Ls.J I 54- Li "0 ci jsiA r01

Q.62:9 0 ye who believe! when the call is given (Azan) for the prayer of theeday of congregation, haste unto the rememberande of Allah and leave your trading. That is better for you if ye did so but know.

There was no concept of Azan before Hijrah. After the Hijra people were called for prayer by a person calling "1,14 Lrat,Lj1 " which connoted that the prayer was about to be. 'offered. The Holy Prophet (P.B.H.) gave importance to the order for calling for prayer. Three companions namely •Hazrat Abu Bakr, Hazrat Omar and Hazrat AbdulIah.bin Zaid dreamt about the manner of Azan. Out of three dreams, the dreams of Hazrat Abdullah bin Zaid and Hazrat Omer are well known. Hazrat Abdullah A bin Zaid informed the Holy Prophet (P.B.H.) absdut the dream on the sane night but Hazrat Omer informed him in the morning. The Holy Prophet (P.B.H.) directed Hazrat Bilal to call people for prayer by Azan from that day. Later the words rj.;.J1;-.213.LJI (prayer is better than sleep) were added in the Azan for morning prayer by Hazrat Bilal and the Holy Prophet (P.B.H.) approved it. (Al-Jamiu-li-Ahkam-il-Quran ) by Qurtubi, Vo1.6 page 225.

There is a difference of opinion about the necessity of Azan. However, as Abu Omer said Azan

is the distinguishing characteristic or sign between parul Islam and Darul Harb (dibid), It is one of the characte'ristics:ctoken

NJ

or distinipishing mark 001amuddin , ).

It is, therefore, considered to be a Shia'ar meaning distumpishing characteristicof the Muslims (Behrur Ra'iq by Ibne Nujaim, Vol.I, page 240). It.is said that there is a consensus on the point that it is a Shia'ar (distinguishing feature) of Islam (Fatawa Qazi Than on the margin Of Fatawa-e-Alamgeeri, . Hujjatullabil Baligha by Shah Wall Ullah, Vol.I, page 474).

The following arguments will be sufficient for its being a Shia'ar:-

(1)During the time of the Holy Prophet (P.B.H.) the well-known methods for calling peOple to their places of worships were - the blowing of horn;

the ringing of bell; and the lighting of fire.

But none of these manners was approved by the Holy Prophet (PBH); he ultimately approved the manner of call by Azan.

(2)The principle in Islam is that a person calling Azan shall be tteated to be a Muslim unless proved otherwise. It is reported on the authority of the fatehr of Ibne Hassam Madani who said that "the,! Holy Prophet (P.S.H.)sent,w,.. with a raiding party and directedlus that when you see a Mosque and listen to the voice of a person calling Azan, do not assassinate anyone (Sunan Abi Daud, page 361). This Hadis is also

reported in Sahih Bukhari, Vol.I, page 86) on the authority of Hazrat Anas.

:(3) There is another tradition of Hazrat Anas: 4,1p dB I 01..,0 0.41 o I os e" c) 5, cra.1125...0 LiA U5 51.4 1 136 ("The Holy Prophet (P,B.H.) attacked the enemy at the time of morning prayer he would stop if he heard from that place the call of Azan otherwise he would attack) (Sunan-e-Abi Daud, Vol.I, page 354, also see Mishkat, Vol.I, page 160 (Urdu translation).

The reason for the direction of the Holy Prophet (P.n.!) in the first Hadis and his own conduct in restraining himself from attack on hearing Azan is that Azan bears a presumption that the persons living in the locality are Muslims who were immune from attack. The Jurists have for this reason taken /the view that whoever calls Azan should be treated to be a Muslim. If people give evidence in respect of a Zimmi (protected non-Muslims) that he had called Azan he should be treated as a Muslim (Bahrur Raiq, Vol.I, by Ibne Nujaim,page 279, Raddul Mukhtar by Ibne Aabideen, Vol.I, page In yieW of these opinions, Mr.Mujeebur Rehman argued that a person who calls Azan ,ShOuld*A4e's treated as a Muslim. But this argument Is not correct since the object of the above tradition is only to the effect that by the calling of Azan there should be a presumption in favour of one being a Muslim but this presumption is rebuttable; it is not conclusive. If ultimately it is found that the person calling Azan is

really a non-Muslim or his beliefs become evident which prove him a non-Muslim he cannot be allowed to take advantage of calling Azan and claim to be entitled to be called Muslim on that account only. It is clarified in Raddul Mukhtar, Vol. I, page 279, that the call of Azan by Moazzin in a Mosque raises a presumption of his being a Muslim because he is allowed to call it usually, meaning thereby that if he had been a non-Muslim he would not have been allowed by those who offered prayer in the Mosque to call Azan. It is, however, clarified that the Azan by a Kafir is not at all correct. From this it can be concluded that a person does not become Muslim only by calling Azan. Weighty presumption in favour of Islam shall arise if he does it by habit and also believes in the unity of Allah and the Prophethood of the Holy Prophet (P.B.H.). Now we may take up the Argument of Mr. Mujibur Rehman. He relied upon the above traditions of the Holy Prophet (P.B.H.) and Verse 4:49 lablchis as follows:

Q4:94

0 ye who believe! when ye go forth (to fight) in the way of Allah, be careful to clarify the truth or found not the truth, and say not unto one who offereth you peace: "Thou art not a believer," seeking the chance profits of this life (so that ye may despoil him). With Allah are plenteousApoils. Even thus (as he now is) were ye before; but Allah hath since then been gracious unto you.

Therefore take care to dis- criminate. Allah is ever in- formed of .what ye do.

The answer to this argument is in the verse itself. The word Iç .-i(clarify the truth or find out the truth) wishing like a Muslim or saying there is no God but God or calling Azan or praying in what is like atlasjid may raise a presumption about one's being a Muslim but it is rebuttable, which means that if there is proof in rebuttal he should not be called Momin or Muslim.

Professor Tahir ul Qadri submitted that the Book of Allah discriminates between righteous- ness and inequity and relied upon verses Q.25:1;

Q.41:34; Q.5:100; Q.35:22; Q.59:20; Q.34:4, Q.57;10;

32:18, The Muslims and Momins have been defined and their qualifications described. Just as it is not possible to call unrighteousness by the name of righteousness or evil by the name of good so it cannot be permissible to call a non-Muslim by the name of Muslim and vice versa. There is a well-known Hadees that if some one calls a person an infidel (kafir) and he is not an unbeliever the heresy will turn towards the false accuser. There is no reason why a non-Muslim should be called a believer or Muslim. The argument is unexceptionable. Mr.Mujeebur Rehman conceded that Azan is a Shia'ar of the Muslims but submitted that it is the Shia'ar of Quadianis also. Where the sane Shia'are is common to both, the matter would be governed by verse Q.5:2 and Q.3:64. They are as follows:-

Q.5:2.

U., a.e.11 L11 4.U1}14.4 lbc U °rill Le, 11, IJ5, 5-;j j rev 0. 11.a.; rly.11c-•,,J 1 u, ui Uiit r cry. (Si .1.0 c, I pi' L.t ars1 1., r: U I tylc. .9 la: 45 I jr.11 014 . 1 0 (7. liG11 art.: 4111 L411 5i.13

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Q.5:2 0 ye who believe! Profane not Allah's monuments nor the offerings nor the garlands, nor those repairing . to the Sacred House, 'seeking the grace and pleasure of Allah. But when ye have left the sacred territory, then go hunting (if ye ' will). And let not your hatred of a folk who (once) stopped your going to:the inviolable place of Worship seduce you to transgress; But help ye one another unto righteousness and pious - duty. Help not one another unto sin and "transgression, but keep your duty to Allah. Lo! Allah is severe in punishment.

Q.3:64

,Ji5J!ctbSIJ4 RJJ" 11 1 ars.; 11 1 Lart.iic 115 L., 4.: LS:).“Z.; 115 aiil ail Co Cj.d.

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Q.3:64 Say; 0 People of the Scripture! Come to what is (acknowledged) to be common between us and you; that we shall worship none, but Allah, and that we 'shall . ascribe no partner unto Him, and that none of us shall take others for lords besides Allah, And

if they turn away, then say: Bear witness that we are. they who have surrendered (unto Him).

It maybe stated the words (Q.3:64) j j_JS L5.I I 1,1 'have been translated "come to an agreement between us and you" by Pickthall. This translation is not correct because the reference is to something equally common in this verse and not to..any agree- ment, The Urdu translation by Maulana Fateh Muhammad is, however, unexceptionable and it is reflected in the translation given above. The argument of Mr.Mujeebur Rehman is that what is good and common between the Quadianis and the MusliMeshould.not be interfered with because it is Kalimatin Sawain ( :

3_10-between them.

For the interpretation of the expression Kalimatin Sawain ( ) he referred to Madarik-ut- Tanzeel, Vol.I, page 22: It is said that Kalimatin Sawain ( .A5.-1.-15) (something equal) means such a thing which is equal'between us and you' and in respect of which there is no opposition between Torah, Bible and the Quran. Kalima means that we should.not worship anyone except Allah. Ibne Kaseer said that Kalimatin Sawain ( 2_45) means to worship one God and this has been the common call of all the Prophets (Tafseer Ibne•Kaseer (Urdu), Vol.I, page 76).

According to Addurrul Mansur by Swyuti (Vo1,2, page 40) by Kalimat4n Sawain ( 3.15 ) is meant that "There is no god but Allah?. Mufti Muhatmad Shafi said about Kalimatfn Sawain -L.15 ), that on this people should join. From this Mr.Mujeeb- ur-Rehman deduCed'. that it cannot be made a punishable offence.

sc4\1\m\•

In Chapter 41, verse 33 it is sated -

Q.41:33

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I j 1—; dn I

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Q.41:33 And who is better in speech than him who prayeth unto his Lord and doth right, and saith: Lo! I am of those who surrender (unto Him).

The reason for revelation of this verse was, as stated by Al-Qalbi,that when the Moazzin called Azan and the Muslims stood for offering their prayers the Jews used to cut jokes and used insulting language in respect of the Moazzin. They scoffed at his voice. In this verse, therefore, Azan has been stated to be ,j,;0 1 (nost pleasant utterance or best utterance), (Qurtuhi,Vol.6 pages 224 and 225).

It has already been seen that the Azan of a non-Muslim is not Azan and consequently the expression most pleasant utterance cannot be applied to,it. The above verse defines a Mbmin or Muslim which leaves no doubt that Azan is a J jlicr>1 (most pleasant utterance) only when called by a Muslim,csince it qualified for being so called alongwith the caller's good actions and his faith as a Muslim.

There was a controversy before the Court as it has always been, on the reason of revelation of verse Q.5:2. The question is whether the Shia'ar (signs) of Allah_ referred to therein were the

characteristics. or signs •of the polytheists or they were of Muslims. Mr.Mujeebur Rehman quoted authorities from the opinion of the commentators for supporting the view that the characteristics or -Shaalir referred to in this verse were of the polytheists but Mr.Riazul Hasan Gilani relied upon the other set of opinions. The opinion of Pir Muhammad Karam Shah, now a Judge of the Supreme Court Shariat Bench in his well-known commentary Ziaul Quran favours the opinion of Mr.Mujeebur Rehman. There are some views that this verse has been abrogated. Mr.Mujeebur. Rehman argued that the portion of the verse 4ijl ist,,e)1,1“,7 1J was never abrogated.

It is not necessary to enter into this controversy. If the verse related to the characteristics or Shaa'ir of non-Muslims about taking animals for slaughter in Mina at the time of Hajj, a different order was passed in Q.9:28 which is •as follows

Q.9:28

!Le Jar., ( lei I <L1J Jy.aA.Lc c) 1 5 0 nip- rrls. all I )-Lt L.;I

Q.9:28 0.ye who believe! The Idolaters only are unclean.

So let them not< comemnear the Inviolable Place of Worship after this their year. If ye fear poverty (from the loss of their merchandise) Allah shall preserve you of His bounty if He will. Lo! Allah is knower, Wise.

The Perlytheists or Idol worshippers were restrained from conling near the Kaa'ba.There is a Hadis also that in order to • implement this divine Injunction the Holy Prophet (PBH)sent Hazrat Ali to Makka decreeing theprohibitionoof Hajj for non- muslimi.

This Injunction is prohibitory of the Idol worhipperS performing their Shaa'ir in Kaa'ba and the decree of the Holy Prophet (PBH) was prohibitory of their Shia'ar of Hajj (see Tafheemul Quran,vol.2,p.186,note 25),It is thus obviously con- cluded from it that Islamic Sharia does not allow a non-muslim to adopt Shaa'ir of Islam,because Shaa'ir means the distinguish- ing featuregof a community with which it is known.If an Islamic State inspite of its being in power allows a non-muslim to adopt the Shia'ar oflIslam which effects the distinguishing character4:

isiics of muslim ummah,it will be the failure of that State in discharged0f its duties.To allow annonmuslim to adopt Islamic Shiatar in an Islamic State amounts to an illegal behaviour with the shidar of I-Slam and as such reason for its prohibitibmbeopmeE stronger.The above mentioned verse 9:28 and the subsequent Wactic of the Holy Prophet prove the power of legislation of the Islamic State to prevent non-muslims from adopting the shia'ar of Islam.

It is for this reason that it is also in the legislative power of the Islamic State to provide punishment for the non-muslim whc does not abstain himself from adopting the shia'ar of Islam as has been provided intthe impugned ordinance.This will also cover the arguments of Mr. Mujibur Rehman about Taazir.

Mr. Mujibur Rehman formulated the following points in this respects:-

If Azan is one of the Islamic Shia'ar (dis- tingushing feature) and the same Shia'ar be found common among the non-muslims,whether the non-Muslims can be stopped from it?

Whether in view of the Injunction regarding Kalimatin Sawain ( .g.15-2-J5 )it is not esstential that the Muslims and non-Muslims should join in it?

Whether saying of what is (most pleasant utterance) can be made a punishable offence?

The answers to these questions have already been given and may be summed up now. In view of verse >sett'

9:28 and the rules emanating from it non-Muslims can be stopped from perSiOng a Shia'ar which is common among Muslims and non-Muslims. Kalimatin Sawain 4-2.15 ) has been used in respect of different matters but in view of the answer to the:first question the second question becomes redundant. However, it may be emphasized that though the non- believers used to perform Tawaf but they were not permitted.to do, so after the Muslims took control.. of the Khana Kaaba. It has been held that the Azan by a non-Muslim is not covered by the expression (best: .of utterances) and if under the answer Otothe first question i a person can be restrained from that Shia'ar he can also be. directed to be punished for violation of the restraint), order.

The conduct of the Quadianis when they were in Quadian and held a majotity and considerable influence there is relevant. The Quadianis had stopped the Muslims from calling Azan j'eoin_ their

own mosques. The Ahrar sent some volunteers to call Azan in mosques of Muslims in Quadian but the Quadianis attacked them with sticks and caused a large number of injuries to each of them. They had to remain bed ridden in Hospitals. (Tehrik-i-Khatam-e-Nubuwwat 1891-1974 by Shorish Kashmiri, page .78). This could have been by brute force only during the British Rule. This is an example that what they considered to be their Shia'ar (distinctive feature) •was made by them practically unlawful for the Muslims. It follows that in their view also such restraint by the majority in power is legal.

The argument of Mr.Mujeebur Rehman against the. prohibition of naming their place of worship as masjid was that according to the Quran the word masjid is not exclusive for the Muslims but has been used for the mosque of those who are non-Muslims now. When asked whether during the last 1400 years places •of worship of persons other than Muslims have ever.been'known by the name of masjid he answered in the negative, but after a few days stated that he had been able to trace out ati.least one synagogue of the Jews in Karachi on which the words masjid-e-Bani Israel are written. He showed Photographs of fr the writing from which it appe4rsthat the place of worship is a synagogue but it has been translated by someone as masjid-e-Bani Israel. Such a name is not common among the Jews. The question whether places of worship of persons other than those who are followers of the Holy Prophet (P.B.H.) have been called in the Quran by the name of masjid is besides the point. Islam has been the divine religion from the very beginning,

i.e. starting with Adam. If the word masjid has been used for the places of worship of those who belonged to the Ummah of some othdr Prophet and followed the then prevailing religion of Islam, it cannot be concluded that the name masjid was the name given to the places of worship of non- Muslims too. The point is that during the last 1400 years this • name has been exclusively given to the mosques of the Muslims. It has been in fact customary only among the Muslims to call their mosques as masajid.

In the Holy Quran the word masjid has been used within its dictionary meanings but now the same word is understood in the technical sense of the place of worship of the Muslims only (see Al-Alaqat-ul-DuWaliyyaalanp212).According to this even Eidgah, (place of offering Eid prayer) is not a masjid.

Reference was made to the verse 22:40 which .is as follows:-

Q.22:40

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Q.22:40 Those who have been driven from their homes unjustly only because they said: Our Lord is Allah - For had it not been for Allah's repelling some men by means of others, cloisters and churches

and oratories and mosques, wherein the name of Allah is oft mentioned, would assuredly have been pulled down. Verily Allah helpeth one who helpeth Him. Lo! Allah is Strong, Almighty.

It was "argued in view of this sanctity attached to the places of worship of all denominations that a. person cannot be prevented from calling his place of worship as masjid. It is, however, explained by Qurtbi that out of the names given to' the places of worship cloisters, churches andThratories relate to the places of worship and hermitages- or monasteries of non- Muslims while the word masjid has been used to denote the places of worship. of Muslims (Ahkamul Quran,Vol.12, page 72),. But assuming that the word masjid has. . been used even for the places of worship of those who after the Advent of the Holy Prophet (P.B.H.) fall in the category of non- Muslims, it will have to be acknowledged that the word masjid was used for the places of worship of the then Muslims only.

Masjid has also been considered to be a Shiear of Muslims in the Hadis already referred to in connection with the discussion of Azan. Assassination was prohibited where masjid was seen.

I;

, This was because of the masjid being a distinctive feature of ISlam (Shia'ar jk.:t ). The person who offered prayer in it had to be presumed to be a Muslim unless proved to the contrary. The following two verses No.17 & 18 from Chapter9 (Q.9:17-18) provide solution to the problem before . 1.1.5 -.

Q.9:17

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Q.9:17 It is not for the idolaters to tend Allah's Sanctuaries, bearing witness •against them- selves of disbelief. As for such, their works are vain and in the Fire.

they will abide.

Q.9:18

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Q. 9 :19 He only shall tend Allah's sanctuaries who believeth in Allah and the Last Day and obperveth proper worship and payeth the poor-due anud feareth none save Allah. For such (only) is, it possible that they can be of the rightly guided.

There has been a difference of view whether • the non-Muslims or "Idolators can construct a mosque or enter into it. Regarding the 'construction the accepted principle is that though made by non- Muslins it must be made to serve as the place of worship of the Muslims. There is, however, a difference of view about the right of entry. The

Malikis and Hamblis •are against their entry Lithe masjid. The Shafie considered it lawful with the permission of the management except in the case of masjid-e- Haraam.But the Hanafi view is that they can enter a masjid.

The Holy Prophet (P.B.H.) had expelled the hypocrites from the masjid. It has been related on the authority of Ibne Abbas that '!oriwhile 'delivering the sermon on Friday the Holy Prophet (P.B.H.) ordered some persons who were sitting in the congregation for prayer, by name to get out from the igasjid because they were munafiqeen (hupocrites).(Ruhul Maani by Alusi, Vol.II, page 10). This discussion may be summed up by the opinion of Sir Zafarullah Khan, a renowned Ahmadi.

'If Ahmadis are non-Muslims they can have no concern with masjid (mosque) 'yTandith-e-Nemat 'page 162).

The proposition was correctly put by him. Butthe Ordinance only prevents the -Quadianis from naming or calling their places of worship as mosque.

This is not objectionable in Shariah. Rather it advances the Shariah objective. The right to propagate other religions in an Islamic State cannot be un-limited on account of the principle of Irtidad kconversion of a Muslim to another

religion). The Holy Quran says as under:-

Q.5:54

d.-J ) -5L.

a .; "rat 3 r,-, ç St au let 5-1 1 tj a j I Or. "1 I SJ I . rat u;

0 r,J . tr: 4.11 .PLt, dJJ I

Q.5:54 0 ye who believe! Whoso of you becometh a renegade from his religion, (know that in his stead) Allah will bring a people whom He loveth and who love Him, humble toward believers, stern toward dis-believers, striving in the way of Allah, and fear- ing not the blame of any blamer. Such is the grace of Allah which He giveth unto whom He will. Allah is All-Embracing, All- knowing.

Q.2:217

ts—;

0 co a-J1i- 'LI 1,7.

Q.2:217 And Whoso becometh a renegade and dieth in his disbelief such are they whose works have fallen both in the world and the Hearafter. Such are rightful owners of the Fire: they will abide therein. It is not necessary to go into this question at any length since this has been the established practice of all religions that the at

conversion of a person from one religionto another was never looked with less than hostility by his co-religionists. An example in point is the antagonism shown by the Hindus including those in power in the so called secular state on group conversion of the Scheduled Castes to Islam. It is possible that the reason may be that such secession from one religion to another is likely to be a dis-integrating force for that religious community. In the Quadianis' Literature also any person converted from Islam to Quadianism and then re-converted to Islam is known as Murtad and is believed to be liable to torture in hell like a non-Muslim. In this :situatibn it is difficult to lay down that Islam confers a fundamental right upon non-Muslims to propagate their religion among Muslims unconditionally.

There have been instances in Islamic history when religious discussions were held in the Court of the Caliph or Monarch about the superiority of one's religion. Muslim and non-Muslim religioas scholars alike participated in it but such instances cannot be held to be effective precedents in favour of 'any alleged right of propagation of one's religion in order to convert the Muslims to a religion other than Islam.

Mr.Mujeebur Rehman did not rely upon directly on any verse of the Quran, tradition of the Holy Prophet (P.B.H.) or the opinion of any jurist to substantiate his argument that Islam allows to non- Muslithsa right to propagate their religion in an - Islamic State.

He submitted that according to the Quran it is a duty to preach and what complements this duty

is the right of the unbeliever to preach 4.1.2S religion. He referred' to verseM.2:170;

Q.2:170

J,Jt1JIJ;lL,lJJ..,:i 4?tt!'

re;L., I c; j-J., I .41- L LI= " u Lt And when it is said unto them: Follow that which Allah bath revealed, they say: We follow that wherein we found our fathers, What! Even though their fathers were wholly unintelli- gent and had no guidance and submitted that the verse condemns blindly following one's ancestors. He also cited Verses Q.2:112; Q.5:105, Q.26:71 to 75 and Q.43:21 to 25 and submitted that a joint reading of these verses shows that whenever the Prophet preached to theinfidels the message of truth they had only one answer that their ancestors were sufficient for them though their ancestors had no sense at all. It is the spirit of Islam that this stressen the doctrine of Taqlid should be vanquished by resort to both type of arguments i.e.Afaqi ( ) and Anfusi (Anfus i) The Afaqi argument deals with the order of nature, the creation of the earth and sky the alternation of day and night etc as described in the Quran. They should be made iithH, realise the orderliness and beauty of the system which would not be possible if there had been two gods.. Anfusi \\ argument means that they should ponder over the creation Of -different stapios) _ of life and they would discover that only one God has created man. This is the method about which the Quran says:

.C:ftSJCI\1\114‘

Q.161125 tsi

0,1cre rei J I

Call unto the way of thy Lord with wisdom and fair exhortation, anci:reason with them in the better way.. He emphasized that the main thing is argument

Q.8:42

c,Ii,"

L:rg- Le- s1⁄4i xt- .. CPS-e He who perished On that day) might perish by a clear proof (of His sovereignty) and he who survived might survive by a clear proof (of His sovereignty). Lastly he referred to verses Q.6:149;

Q.28:75; Q.37:156,157; Q.27:64; Q.21:24 and Q.2:111 relevant portions of which are reproduced below:-

Q.6:149

It .111 dj, r. jsz; rts.

Have you any knowledge that you can adduce for us?

i iv Q.37:156 cnt. r (0 have you a.clear authority) Q.37:157 uvi J1,0 c)I rSII:S1 m (Then produce your book, if you are truthful).

iv itto, 5:1..€ Labs r ..

Q.28:75

(We shall say: Bring your Proof).

Q.21:24 " "

(Say bring your proof)

Q.27:64

" 44:1-v1 b.: Le LP " (Say bring your proof)

Q.2:111 Liga "

(Say bring your proof) He also cited a number of commentaries on the interpretation of these verses. It is not necessary to reproduce them as the meanings of these verses are clear that the Muslims can aski.• the Polytheists and non-Muslims to give argument in favour of their strong belief.

But Mr.Mujeebur Rehman's argument is that this gives the non-Muslim a right to preach his religion to convert them.

We do not agree with this even as a remote possibility.

All these verses relate to the principles of Tableegh or propagation of Islam and the manner and method to be used for such propagation. The principle is that when talking to a non-Muslim for the purpose of propagating Islam one should be gentle and polite and should not only demonstrate logically and rationally all good points in Islam but also let the non-Muslim place his view about the good points in his own religion before him. It is necessary that :a view point of the non-Muslim about his own religion should be plainly put forward so as to enable Muslims to refute them and to demonstrate the superiority of Islam over the conceptual philosophy of the other religion. In fact the Quran does not only allow such free discourse among two persons but asks the Muslims to challenge the non-Muslim to bring forth the arguments in favour of his belief as is clear from the word 514 ' (bring your arguments), which is suggestive of the inability of the non-Muslims to give any such argument.. (See Almaraghi Vol. I page'19.).

- It is said ' i± irad;c7,41 ' ,(This is in the. general rule of language a form of address for falsification).

There is a conclusive presumption that the arguments .of the Quran cannot bet;irce 1.sted:N6 argument favourable to unbelief is possible. This negates the possibility of the conversion of the Muslim by being influenced by the discourse of the non-Muslim in favour of his religion. The •verses only apply to the form of pursuasion. which is required for propagation of Islam before the non,Muslim. These verses cannot be turned for the benefit of the non-Muslims in support of their claim to propagate their religion. As stated there is nothing in the Holy Quran, the Sunnah of the Holy Prophet (P.B.H:) or the commentaries on themflrecognising the right of a non-Muslim to propagate or preach his religion among Muslims.

These verses and commentaries also are not sufficient for holding in favour of the fundamental rights of non-Muslims to propagate and preach their religion among Muslims. Despite this it is for the Islamic State to allow, the non-Muslims to preach their religion as has been done in Article 20 of the Constitution but this can be allowed if' the non-Muslims preach 'as non-Muslims and not by pasid,ng off as Muslims. It is for the legislature to lay 'down other conditions also..

Maulana Matdoodi in his book 'Islami Riyasat pages.582,,toin02:: has dealt with the rights of the Minorities at length and has also stated in favour . of publishing materials in an -Islamic State by non-Muslims to prove the superiority of their c\sv*

religion, but he added that propagation of one's religion before Muslim individually is not permissible. He further added that no Muslim can be allowed to change his religion.

Mr.Mujeebur kehman cited from the Declaration of Human Rights of United Nations passed in 1948. The Article relied upon by him Cil:.tas follows:-

"Art.XVIII. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance."

There is nothing in this charter to give to the citizens of a country the right to propagate or preach his religion.

Lastly reference may be •made to two pamphlets issued by the Islamic Council one is the 'Declaration of Human Rights' and the other is 'A Model of an Islamic Constitution". 'Generally the Human Rights described in the two Pamphlets on the basis of the Injunctions of the Quran and the Sunnah of the Holy Prophet (P.B.H.) include the human rights as approved by the United Nations Some of the rights are in addition, for example right to justice, •right to protection against abuse of power, right to Asylum, rights of the Minorities to be governed in their personal matters by their own personal laws, rights and obligations to participate in the conduct and-management of public affairs“status and dignity -of workers, right to social security, etc.

In the pamphlet entitled 'Universal Islamic Declaration of Human, Rights' paragraphs XII and XIII deal with the right to freedom of belief, thought and speech and right to freedom of religion. They are reproduced below:- "XII. (a) Every person has the right to express his thoughts and beliefs so long as he .remains. within the limits prescribed by the law. No one, however-is entitled to dissemi-- nate falsehood or to eltcUlate reports which may outrage public decency, or to indulge in slander, innuendo or to cast defamatory aspersions on other persons, (n) Pursuit of knowledge and search after truth is not only a right but a duty of every Muslim.

(c)It is the right and duty of every Muslim to protest and strive (within the limits set out by the law) against oppression even if it involves challiansing the highest authority in the State.

There shall be no bar on the dissemination of information provided it does not endanger the security of the society or the state and is confined within the limits imposed by the law.

No one shall hold in contempt or ridicule the religious beliefs of others or incite public hostility against them; respect for the religious feelings of others is obligatory on all Muslims.

XIII. Every person has the right to freedom of conscience and worship in accordance with his religious beliefs'''. Similarly Articles 8 and 16 df the Pamphlet 'A Model of an Islamic Constitution' deal

with the religious rights of the minorities and are as follows:- "8 Every person has the right to his thoughts, opinions and beliefs. He also has the right to express them so long as he remains within the limits prescribed by law.

16 (a) There is no compulsion in religion. Non-Muslim minorities •have the right to practise their religion. In matters of personal law the minorities shall be governed by their own laws and traditions, except if they themselves opt to be governed by the Shariah. In cases of conflict between parties, the Shariah shall apply."

It may be noticed that the 'right to ptdpagate drieS religion iS not inClUded in the Human Rights of the Minorities. This is in accordance with what has been stated above. Article 20 of the Constitution confers the fundamental right upon all citizens of Pakistan to profess, practise and propagate one1s religion but this right is subject to law, public order and morality. It reads:

Subject to law, public order and morality - every citizen shall have the right to profess, practise and propagate his religion; and every, religious denrwination and , every sect thereof shall have the right to establish, maintain and , manage its religious institutions. In the case of Jabindar Kashore PLD 1957, S.0 page 9, the Supreme Court had an occasion to interpret similar language in Article 18 of the Constitution of 1956. It was held that the words 'subject to law' csgjiti\

I

do not permit the Legislature to take away with :another hand what has been .given by the Constitution by one hand and this right may only be regulated but cannot be taken away. Mr.Just ice Muhammad Muir, Chief Justice (Retcp made the following observations in this respect:- "But the scope of regulation by law cannot be so curtailed when a law and order situation arises".

Article 20 is also subject to law and order,and_the right Of preaching is subject to it. It has already been noticed from historical review of MirztGhulam Ahmad's claims and their evolutionary trend that the Muslims of the Indian Sub-Continent had feeling of un-easiness soon after the claim of Mirza Ghulam Ahmad to be a Mujaddlld and mamoor un minallah ( a person appointed by Allah). They had shown an apprehension prophetically enough that this was likely to be the first step towards Prophethood. Mirza Sahib was quick in refuting this and-in claiming that he was a firm believer in the finality of the prophethood of the Holy Prophet Muhammad '(P.B.H.) and in his view any claim to prophethood was not less than kufr (unbelief).

This uneasiness resentment and. hostility among the Muslims increased when the.claim of: being the Promised Messiah and Mehdi was made in 1890.. It would be clear from the books of Mirza Sahib and other Qaudiani literature that Muslims crowded around the placepof his stay in different cities whenever he visited them. The Ulema were also extremely agitated.

This agitation reached its peak by the distinct claim of Mirza Sahib to prophethood made in 1901.

After the establishment of Pakistan, there was such an agitation on this point that the Martial Law of 1953 had to be enforced to curb it. This, however did not succeed in quietening the Muslims' demand as voiced by the Ulema in their 22 points programme for incorporating in the Constitution the non-Muslim and minority status of the Qaudianl.,..

The agitation continued degpite the imposition of Martial Law till the representatives of the Muslim public in the Parliament and the National Assembly had to pass the Cdnsi tr ti,tUtidla.n(SCebnd 'AiriefidnielcitWO.94 — after giving a full hearing 'to_•. the Quadianis through Mirza Nasir Ahmad, Chief of the Quadiani Sect; and,tleTaddja definition to Article 260 of the Constitution. of 1973 declaring the Quadianis of the two well-known groups as non-Muslims and placing them through. an amendment in Article 106, in Juxtaposition with other minorities in Pakistan like Christians, Parsis and Hindus, etc.

As a result of the declaration which was the result of a unanimous demand of the Muslims it was not possible for the Quadianis to call themselves Muslims or to propagate' Islam of their concept as true Islam but they showed the least respect for the Constitutional Amendment •and continued as before to call their faith as Islam. They continued to propagate their religion freely by publication of books, journals, etc as well as among individual Muslim to create resentment which obviously was likely to create law and order situation and all this continued till the present Ordinance was passed and promulgated. In these

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circumstances the Ordinance appears to be covered by the exception in Article 20 'about its being subject to maintenance of law and order. For the above reasons the two petitions are without force and are dismissed. Before finishing this judgment we would like to place on record our deep appreciation of the assistance given to us by Mr.ujeebur Rahman, - petitioner and Mr.RiazuLHasan Gilani, Advocate for the Federal Government. Mr.Gilani's preparation and piesentation of the case was commendable.

CHIEF JUSTICE

dy)

JUDGE-II JUDGE-III.

JUDGE-IV.

Islamabad dated the. Levi— 04. my