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Wednesday 6 August 2014

The Muslims and the Jews

In A.D. 70, the Roman general, Titus, captured Jerusalem and put an end to the Jewish rule of Palestine. Following the Roman conquest, many of the Jews left their homeland and wandered into other countries. Some Jewish tribes crossed the Syrian desert and entered the Arabian peninsula where they settled in Hijaz. In course of time they built up numerous colonies in Medina and between Medina and Syria. They are also said to have converted many Arabs to Judaism.
At the beginning of the seventh century A.D., there were three Jewish tribes living in Medina (Yathrib). They were Banu Qainuka'a, Banu Nadhir and Banu Qurayza. All three tribes were rich and powerful, and also, they were more civilized than the Arabs. Whereas the Arabs were all farmers, the Jews were the entrepreneurs of industry, business and commerce in Arabia, and they controlled the economic life of Medina (Yathrib). The two Arab tribes – Aus and Khazraj – were debt-ridden to the Jews perennially.
Besides Medina, the strong centers of the Jews in Hijaz were Khyber, Fadak and Wadi-ul-Qura. The lands in these valleys were the most fertile in all Arabia, and their Jewish cultivators were the best farmers in the country.
The migration of Muhammad, the Prophet of Islam, from Makkah to Medina (then Yathrib), brought him into contact with the Jews for the first time. At the beginning they were friendly to him. He granted them the famous Charter of Medina, and they acknowledged him the ruler of their city, and agreed to abide by his decisions in all disputes. They also agreed to defend the city in the event of an invasion by an enemy.
But, unfortunately, this friendship did not last long. It soon became obvious that the Jews had given their friendship to Muhammad with many reservations. In their own interest, they ought to have acted their part of the agreement faithfully but they did not. For this change in their attitude, there were many reasons, among them:
1. When Muhammad arrived in Medina, he reformed the life of the Arabs or whoever became a Muslim. He taught them to be temperate and moderate in everything, and taught them the value of discipline in life. They stopped drinking and gambling both of which were the causes of their ruin in the past; and they gave up taking loans at high rates of interest from the Jews.
When the Arabs stopped taking loans and paying interest on them, a rich source of revenue suddenly dried up for the Jews, and they bitterly resented this. They could now see that their grip on the economic life of Medina was beginning to loosen.
2. The Jews also realized that Islam was an enemy of the system of exploitation, and of the capitalist system. They began to see Islam as a threat to their economic interests.
3. The Jewish priests hated Muhammad as much as the Jewish money-lenders. He had shown to the Jews how their priest followed deviant interpretations of their scriptures, and how they distorted their text. The priests, on their part, tried to convince their flocks that Muhammad did not have knowledge of their scriptures, and they tried to point out to them the “errors” in the Qur’an.
The Jews also believed that they were safe only as long as the two Arab tribes of Medina, the Aus and the Khazraj, were fighting against each other. Peace between the Aus and the Khazraj, they thought, would pose a threat to their survival in Arabia. For this reason, they were always fomenting trouble between them.
Of the three Jewish tribes of Medina, the Banu Qainuka'a and the Banu Nadhir had already been expelled after the battles of Badr and Uhud respectively, and they had left with all their baggage, and herds of animals, and had resettled in Khyber.
The third and the last tribe of the Jews in Medina was the Banu Qurayza. According to the terms of the Charter of Medina, it was their duty to take an active part in defending the city during the siege of A.D. 627. But not only they did not contribute any men or materials during the siege but were actually caught conspiring with the enemy to compass the destruction of the Muslims. Some Jews even attacked a house in which many Muslim women and children had taken refuge as it was considered a safer place for them than their own houses.
If Amr ibn Abd Wudd had overcome the resistance of the Muslims, the Jews would have attacked them from the rear. Between the pagans of Makkah and the Jews of Medina, the Muslims would have been massacred. It was only the presence of mind of Muhammad and the daring of Ali that averted such a disaster.
R.V.C. Bodley
The Jews were not at first inclined to listen to Abu Sofian's proposal (to attack Muslims from the rear), but after a while they compromised and agreed to betray the Moslems when the time seemed opportune. (The Messenger  the Life of Mohammed)
The conduct of the Jews during the siege of Medina was high treason against the State. Therefore, when the confederate army broke up and the danger to Medina was averted, the Muslims turned their attention to them.
The Jews shut themselves up in their forts and the Muslims besieged them. But some days later, they requested the Prophet to raise the siege, and agreed to refer the dispute to arbitration.
The Prophet allowed the Jews to choose their own arbitrator. Here they made a very costly blunder. They should have chosen Muhammad himself – the embodiment of mercy – to be their judge. If they had, he would have allowed them to depart from Medina with their baggage and their animals, and the incident would have been closed.
But the Jews didn't choose Muhammad as their judge. Instead, they chose Sa'ad ibn Muadh, the leader of their former allies, the Aus. Sa'ad was a man who was utterly reckless with life – his own as well as that of others.
Sa'ad had received a mortal wound during the battle of the Trench, and in fact died soon after he had passed judgment on the fate of the Jews. He declared treason to be an unpardonable offense, and his verdict was inexorable. He invoked the Torah, the Scripture of the Jews, and sentenced all men to death, and women and children to slavery. His sentence was carried out on the spot.
The Jews of the tribe of Qurayza were massacred in the spring of A.D. 627. From this date, the Jews ceased to be an active force in the social, economic and political life of Medina.

CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN, 1973

PART IIntroductory
Articles
PART II
Fundamental Rights and Principles of Policy
CHAPTER 1. — FUNDAMENTAL RIGHTS
8. Laws inconsistent with or in derogation of Fundamental Rights to be void.
9. Security of person.
10. Safeguards as to arrest and detention.10.A. Right to fair trial.11. Slavery, forced labour, etc., prohibited.12. Protection against retrospective punishment.13. Protection against double punishment and self-incrimination.
14. Inviolability of dignity of man, etc.
15. Freedom of movement, etc.16. Freedom of assembly.17. Freedom of association.18. Freedom of trade, business or profession.19. Freedom of speech, etc.19A, Right to Information.20. Freedom to profess religion and to manage religious institutions.21. Safeguard against taxation for purposes of any particular religion.22. Safeguards as to educational institutions in respect of religion, etc.23. Provision as to property.24. Protection of property rights.25. Equality of citizens.25A. Right to education.26. Non-discrimination in respect of access to public places.27. Safeguard against discrimination in services.28. Preservation of language, script and culture.
CHAPTER 2. — PRINCIPLES OF POLICY
PART III
The Federation of Pakistan
CHAPTER 1. — THE PRESIDENT
CHAPTER 2. — THE MAJLIS-E-SHOORA (PARLIAMENT).
Composition, Duration and Meetings of
Majlis-e-Shoora (Parliament).
Provisions as to members of Majlis-e-Shoora (Parliament).
Procedure Generally
Legislative Procedure
Financial Procedure
CHAPTER 3. — THE FEDERAL GOVERNMENT
PART IV
Provinces
CHAPTER 1. — THE GOVERNORS
CHAPTER 2. — PROVINCIAL ASSEMBLIES
Financial Procedure
Ordinances
CHAPTER 3. — THE PROVINCIAL GOVERNMENTS.
PART V
Relations Between Federation and Provinces.
CHAPTER 1. — DISTRIBUTION OF LEGISLATIVE POWERS.
CHAPTER 2. — ADMINISTRATIVE RELATIONS BETWEEN
FEDERATION AND PROVINCES.
CHAPTER 3. — SPECIAL PROVISIONS
PART VI
Finance, Property, Contracts and Suits
CHAPTER 1. – FINANCE
Distribution of Revenues between the
Federation and the Provinces.
Miscellaneous Financial Provisions
CHAPTER 2. — BORROWING AND AUDIT
Audit and Accounts
CHAPTER 3. — PROPERTY, CONTRACTS,
LIABILITIES AND SUITS
PART VII
The Judicature
CHAPTER 1. — THE COURTS
CHAPTER 2. — THE SUPREME COURT OF PAKISTAN.
CHAPTER 3. — THE HIGH COURTS
CHAPTER 3A. — FEDERAL SHARIAT COURT.
CHAPTER 4. — GENERAL PROVISIONS RELATING
TO THE JUDICATURE
PART VIII
Elections
CHAPTER 1. — CHIEF ELECTION COMMISSIONER AND
ELECTION COMMISSIONS.
CHAPTER 2. – ELECTORAL LAWS
AND CONDUCT OF ELECTIONS
PART IX
Islamic Provisions
PART X
Emergency Provisions
PART XI
Amendment of Constitution
PART XII
Miscellaneous
CHAPTER 1. — SERVICES
CHAPTER 2. — ARMED FORCES
CHAPTER 3. — TRIBAL AREAS
CHAPTER 4. — GENERAL
CHAPTER 5. – INTERPRETATION
CHAPTER 6. — TITLE, COMMENCEMENT AND REPEAL.
CHAPTER 7. — TRANSITIONAL
267. Power of President to remove difficulties.267A. Power to remove difficulties.
267B. Removal of doubt.
268. Continuance in force, and adaptation of, certain laws.
269. Validation of laws, acts, etc.
270. Temporary validation of certain laws, etc.
270A. Affirmation of President’s Orders, etc.
270AA. Declaration and continuance of laws etc.
270B. Elections to be deemed to be held under Constitution.270BB. General Elections 2008.
270C. Oath of office of Judges, etc.
271. First National Assembly.
272. First Constitution of Senate.
273. First Provincial Assembly.
274. Vesting of property, assets, rights, liabilities and obligations.
275. Continuance in office of persons in service of Pakistan, etc.
276. Oath of first President.
277. Transitional financial provisions.
278. Accounts not audited before commencing day.
279. Continuance of taxes.
280. Continuance of Proclamation of Emergency.
SCHEDULES

1973 constitution of pakistan about qadiani

(a) Constitution of Pakistan (1973), Articles 260, 4 & 20:
Constitution of Pakistan (1973) Art. 260(3) — Words and phrases – Expression ” a person who does not believe in the absolute and unqualified finality of the Prophethood of Muhammad (peace be upon him) the Last of the Prophets” — Covers case of Qadiani group of Ahmadis — Contention that Art. 260(3) applies to adherents of such person who makes claim of Prophethood and is alive on date of enforcement of Constitution (Second Amendment) Act, 1974 — Held, not correct — Constitution (Second Amendment) Act, 1974 — A declaratory statute and retrospective in character. — [Words and phrases -- Interpretation of statuted].
The Constitution of 1973 has unquivocally declared Qadianis or Ahmadis, to whatever group they belong, as non-Muslim for the purposes of the Constitution and the law. Sub-Article (3) of Article 260 is in general terms and proclaims that everybody who does not believe in the absolute and unqualified finality of the Prophethood of Muhammad (peace be upon him) the last of Prophets or claims to be a prophet, in any sence of the word or of any description whatsoever, after Muhammad (peace be upon him) or recognizes such a claimant as a prophet or a religions reformer, is not a Muslim for the purpose of the Constitution or law. The only argument of the counsel for the petitioner was that it declares only those persons as non-Muslim who believe in the prophethood of a future claimant to that office and not a claimant who had laid such a claim before the Second Amendment of the Constitution was passed. This argument was based upon the words “or claims to be prophet”.
Held : This argument is without merit. The amendment declares not only a person who claim to be a prophet as a non-Muslim but declares all persons as infidels who do not believe in the absolute and unqualified finality of the Prophethood of Muhammad (peace be upon him). So far as the Ahmadis of the Qadiani Group are concerned, it is admitted that they consider Mirza Ghulam Ahmad, the founder of the Qadiani movement as Zilli and Buruzi Prophet and Masih Mao’ud or Muscle Isa. They believe in the Holy Prophet (peace be upon him) as the last of those prophets who have been sent in this world with a Shariat. According to them only Tashri-i-Nabuwat, as distinguished from Buruzi or Zilli Nabuwat, came to an end after the advent of Prophet Muhammad (peace be upon him). They believe in the qualified finality of the Prophethood of Muhammad (peace be upon him) and not upon its absolute unqualified finality. The first portion of the definition i.e. “a person who does not believe in the absolute and unqualified finality of the Prophethood of Muhammad (peace be upon him) the Last of the Prophets” cover the case of Qadiani Group of Ahmadis. In the face of this clear language, it is not possible to say that Article 260(3) applies to the adherents of such a person who makes a claim of prophethood and is alive on the date of enforcement of the Constitution (Second Amendment) Act. 1974. So far as the Qadiani group are concerned, it is not necessary to look to any other portion of the definition since the first portion leaves no doubt that they have been declared as non-Muslim by the Constitution. The Constitution (Second Amendment) Act is a declaratory Statute which by its very nature is retrospective in character. The word “claims” can therefore, be read as referring to the past however near or remote it may be. the Legislature, therefore, intended to use the word “claims” to apply to all time past, present and future. [pp.150,151]GG,HH, & II & JJ.
Article 260(3) — Words and phrases — Expression “subject to Constitution and Law” occurring in Article 260(3) — Used only to emphasise guarantees give and safeguards granted to non-Muslims — Expression does not have force of recognising Ahmadis as Muslims — [Words and phrases] (p. 154)LL
Articles 4, 8 20 & 260(3) — Words and phrases — Word “Law” in Articles 4, 8 & 260(3) — Confined to positive law and not inclusive of law of Shariat except such as already made applicable by positive law — Argument that law means Islamic Law in case of conflict between Islamic Law and codified law, Held, easily refuted by Articles 227 to 230 of Constitution (1973) — [Words and phrases - Muhammadan Law] (p.155)MM & NN

Article 20 — Contention that non non-Muslim can construct his place of worship in any manner resembling mosque or call it by name of Masjid or say Azan in it or perform his prayer in it in same manner as ordained for Muslims — Held: Not supported by any Quraanic Injunction, tradition or opinion of Imams — Contrary to Fatwas and Hanafi view — Construction of a place of worship by non-Muslims for themselves — Cannot by itself cause injury or loss to Muslims — Place of worship neither used for collecting arms to wage war against Muslims not for deception — Islam, a religion of tolerance, leaving non-Muslims free to profess and practice their religion — Freedom of religion also guaranteed by Constitution and such fundamental rights not liable to be taken away by law — Allowing non-Muslim to offer prayers and to call Azan — No interference with (in Urdu) — Nothing objectionable in worship of One God in manner thought by Prophet of Islam — Nor any cause for Muslims to be aggrieved — No cause of action disclosed — Plaint liable to be dismissed — Cause of action — [Muhammadan Law] (pp. 170,173-180)YY,ZZ & ZZZ to III