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Wednesday, 6 August 2014

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.

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Wednesday, 30 October 2013

Hazrat Aadam A.S To Muhammad PBUH Shajarh (Reupdate)


SYED FAROOQ SHAH TERMIZI





































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Shajarah Nasab Of HAZRAT MUHAMMAD PBHU

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Friday, 16 November 2012

Karbala – A Lesson For Mankind


“The tyrant dies and his rule ends, the martyr dies and his rule begins.” — Soren Kierkegard
The straight path or the right path is always the most difficult one to travel but one that rewards the most, and so we are told when young. This battle of good versus the evil is an age old phenomenon. Every religion has some story or the other to show us the ‘right’ path from the ‘wrong’ one.Hinduism celebrates the victory of Lord Krishna over the demon Narakasura (among other stories) as Diwali, Christians remember the crucification of Jesus Christ as a supreme sacrifice in the way of God, and so do Muslims observe Moharram (the month in which the tragedy of Karbala took place) to commemorate the supreme sacrifice of Imam Husain, the grandson of the Prophet [PBUH].
“Think not of those who are slain in Allah’s way as dead. Nay, they live, finding their sustenance in the presence of their Lord.”—Surah Aal-e-Imran (Chapter 3), Verse 169
The tragedy of Karbala took place some 49 years after the death of Prophet Mohammad [PBUH] in 61 Hijri (AD 680).
The Events Leading Up To Karbala
The Muslim Caliphate briefly came to Imam Hasan (elder grandson of the Prophet [PBUH]) after the martydom of Ali bin Abi Talib (son-in-law of the Prophet [PBUH] and the Fourth Caliph of Islam). Sensing a possible split in the Muslim empire Hasan entered into a peace treaty with Amir Mu’awiyah, the son of Abu Sufyan and father of Yazid.
“Hasan agreed to relinquish all authority to Mu’awiyah in exchange for an agreement not to harm any of the supporters of Ali, and to govern by the book of God and the examples of the Prophet. This he would do by letter and by word, explaining to the congregation in the Kufa mosque that he had ceded his right to rule ‘for the best interest of the community and for the sake of sparing blood’. Mu’awiyah acknowledged that ‘the reign would belong to Hasan after him’ (though this would soon be quietly forgotten) and that to avoid all future strife the next Caliph was to be decided by a formal council.”
—The Heirs of the Prophet Muhammad and the roots of the Sunni-Shia Schism, Barnaby Rogerson
All the first four Caliphs had first been acclaimed by the people of Medina but this right and duty had now been brushed aside in favour of the courtiers at Damascus. The solemn pledge to hold a ’shura’ was broken. None of the previous Caliphs had thought to impose their own sons on the community, and had looked beyond the narrow loyalties of a family, towards their brother in faith. When Mu’awiyah died, Yazid was acclaimed as the Caliph. It marked the decisive emergence of dynastic monarchy triumphing over the religion of God.
The moment Yazid came to power he started demanding the oath of allegiance (bay’ah) from everyone using unfair means. Paying allegiance was an old Arab practice which was carried out in important matters such as that of rulership and authority. Those who were ruled, and specially the well known among them, would give their hand in allegiance, agreement and obedience to their king or the one in authority and in this way would show their whole-hearted support for his actions without any opposition to him. The approach of Yazid was proof enough of the kind of Muslim he was. He showed complete disregard for the tenets of Islam.
*Ibne Aseer (A renowned historian Allamah Ali bin Abil Karam more famous as Ibne Aseer Jazari) in his Tareekhe Kamil has this to say for Yazid, “Yazid was notorious and well known for his love of numerous musical instruments, passion for hunting and play with young boys, dogs, monkeys, etc. Every morning he rose still drunk. His monkeys and young boys wore gold caps. If a monkey died, he spent a considerable time in mourning it.”
“Traditions inform us that Yazeed loved worldly vices, would drink, listen to music, kept the company of boys with no facial hair, played drums, kept dogs, making frogs, bears and monkeys fight. Every morning he used be intoxicated and use to bind monkey with the saddle of a horse and make the horse run.”
—Al Bidayah Wal Nihayah, Ibn Kathir
Yazid’s message was delivered to Imam Husain as well but he said a firm no. Acknowledging Yazid’s authority by the Prophet’s [PBUH] grandson at this point would have meant confirmation of his evil deeds and Caliphate. For Yazid, Husain’s seal of approval was the one most needed.
*Abul Hasan Ali bin Husain Mas’oodi in his Muroojuz Zahab wa ma’adinul Jawahir reported, “Whoever accepted the slavery of Yazid by swearing fealty at his hands was spared, otherwise he was subjugated. Thus the meaning of allegiance to Yazid was not merely the acceptance of a new caliph, but it meant to sell one’s Religion and faith in slavery to a tyrant.”
The Kufans urged Husain in Medina to ride north and lead them against the usurpation of the Islamic world by Yazid, and to reclaim his rightful place as the head of the Muslim nation. Husain, encouraged by the chief men of Medina, decided to respond and rode out of the oasis to assume the leadership of the true army of Islam. But not a soul left the garrison city to join him on the desert trail. The Kufans too would betray him! When Husain settled at a land devoid of water or vegetation named Karbala (‘Karb’ in Arabic means grief and ‘bala’ is for trials) he had just 72 loyal soldiers with him.
Battle For Truth
The battle of Karbala finds great similarity with the one at Badr – Islam’s first battle. It was the holy Prophet [PBUH] at Badr who fought with 313 die-hard supporters against a formidable army of some 1000 men. That day against all odds the small group won a decisive victory, and paved the way for a future Muslim empire. 56 years later it was his grandson with just 72 loyal men, who fought against an impossible opposition of several thousands to save Islam from the clutches of tyranny.
Karbala was a battle of truth against falsehood, humanity against villainy, righteousness against evil, justice against corruption. The much loved grandson of the Prophet [PBUH] stood in the scorching heat of Karbala along with his companions, devoid of water but determined. His loved ones, including his six month old son, fell martyr one after the other. In spite of this he repeatedly invited the other party towards righteousness and forbade them from evil and immorality, but it all fell on deaf ears. When the time arrived for him to march ahead all alone, he did it in a fashion which was reminiscent of his illustrious father Ali.
One of those who fought the battle of Karbala against him says, “I have never seen a person bereaved of his sons, menfolk and his companions more Lion-hearted than him. The foot soldiers were scattering to his right and left like goats when a wolf come upon them.” —–Ibne Aseer, Tareekh Kamil
Husain fell in the desert of Karbala on that fateful Friday, the 10th of Moharram 61H. Worse was to follow. The bodies of the martyrs including the Imam were not only refused a proper burial but were trampled under the horses’ hooves and were left for the birds. The Kufan army looted the belongings of Husain. Imam’s family including his women-folk and tender children were humiliated and taken captives after burning down their camps. The women were paraded with uncovered heads. It wasn’t Islam!
“If Hussain fought to quench his worldly desires, then I do not understand why his sisters, wives and children accompanied him. It stands to reason therefore that he sacrificed purely for Islam.” —Charles Dickens
The severed heads of the martyrs including Husain were raised on spears. How Yazid played with Husain’s head and the emotions of Imam’s family is a well documented fact. Karbala to this day remains a heart-wrenching story of exemplary courage and bravery to uphold the real principles of Islam.
“In a distant age and climate, the tragic scene of the death of Husain will awaken the sympathy of the coldest reader.”—Edward Gibbon
Abdullah Yusuf Ali, the famous English translator of Qurán, has beautifully summed up the whole essence of this epic battle.
There is of course the physical suffering in martyrdom, and all sorrow and suffering claim our sympathy, —- the dearest, purest, most outflowing sympathy that we can give. But there is a greater suffering than physical suffering. That is when a valiant soul seems to stand against the world; when the noblest motives are reviled and mocked; when truth seems to suffer an eclipse. It may even seem that the martyr has but to say a word of compliance, do a little deed of non-resistance; and much sorrow and suffering would be saved; and the insidious whisper comes: “Truth after all can never die.” That is perfectly true. Abstract truth can never die. It is independent of man’s cognition. But the whole battle is for man’s keeping hold of truth and righteousness. And that can only be done by the highest examples of man’s conduct – spiritual striving and suffering enduring firmness of faith and purpose, patience and courage where ordinary mortals would give in or be cowed down, the sacrifice of ordinary motives to supreme truth in scorn of consequence. The martyr bears witness, and the witness redeems what would otherwise be called failure. It so happened with Husain. For all were touched by the story of his martyrdom, and it gave the deathblow to the politics of Damascus and all it stood for.
Lessons From Karbala
Karbala stands for courage, self-sacrifice, integrity, honesty, vision, and bravery beyond words. It symbolises all that is pure and true. Karbala teaches us that real battles are always fought in the minds and not on ground. Yazid was powerful and yet he lost the battle for truth.
“I learned from Hussain how to be wronged and be a winner.” —Mahatma Gandhi
Also, being in the majority need not necessarily make you right.
“The best lesson which we get from the tragedy of Karbala is that Hussain and his companions were the rigid believers of God. They illustrated that numerical superiority does not count when it comes to truth and falsehood. The victory of Hussain despite his minority marvels me! —Thomas Carlyle
As the old adage goes, “Nothing lasts for ever.” Husain and his followers made sure that their martyrdom gave a fatal blow to Yazid’s oppressive rule. Karbala haunted Yazid till his eventual death two years later.
“Imam Husayn uprooted despotism forever till the Day of Resurrection. He watered the dry garden of freedom with the surging wave of his blood, and indeed he awakened the sleeping Muslim nation. Husayn weltered in blood and dust for the sake of truth. Verily he, therefore, became the bed-rock (foundation) of the Muslim creed; la ilaha illa Allah (There is no god but Allah).”—Sir Muhammad Iqbal
It also teaches us to be patient and stand up against any form of wrong treatment. We curse Yazid and his army for their inhuman treatment of people, yet the cruel treatment of captives by the so called jihadis meets little protest. Muslims must recognize and protest against the savagery of inhuman treatment at all times, no matter who does it and where it takes place.
“If a man kills a believer intentionally, his recompense is Hell, to abide therein (For ever): And the wrath and the curse of Allah are upon him, and a dreadful penalty is prepared for him.”— Surah An-Nisa (Chapter 4), Verse 93
The best homage that we can pay to the great tragedy is to do some soul-searching. Do we have the right to be called the followers of the Prophet [PBUH]? Have we really understood the message of Imam Husain? Are the tears for Husain drawn merely by the scenes of mere butchery? Would we ever stand up to the false narrations of the events at Karbala by some maulanas to generate excessive grief? Was Karbala a political war or a struggle for true faith? Are we ready to shed aside our differences and respect each others’ view during our religious discourses during Moharram?
And when we finally have all the answers then we would understand the real message of Karbala.
“Shah ast Hussain, Badshah ast Hussain,
Deen ast Hussain, Deen e Panah ast Hussain,
Sar dad, na dad dast, dar dast-e-yazeed,
Haqaa key binaey La ila ast Hussain”
“It’s Hussain the Prince, it’s Hussain the king,
He is Faith, and Faith’s Defender most daring,
He preferred death to Yazid’s allegiance,
With his blood, Islam has verily been living.”
—Khwaja Moinuddin Chisti
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Karbala


Karbala was the last breath of the age of faith. Very few historical events have shaped the language, culture, music, politics and sociology of Muslim peoples, as has Karbala. Languages such as Swahili and Urdu that were born a thousand years after the event relate to it as if it happened yesterday. A laborer in Kuala Lumpur reacts to it with the same immediacy as aqawwal in Lahore or a professor in Chicago. Karbala is a noun, an adjective and a verb all at once. Indeed, Karbala marks a benchmark in Islamic history and a central hinge around which the internal dialectic among Muslims revolves.
Until the assassination of Ali ibn Abu Talib (r) the issue of succession to the Prophet had been decided through mutual consultation. Abu Bakr (r), Omar (r), Uthman (r) and Ali (r) (the Khulfa e Rashidoon as Muslims generally refer to them) drew their legitimacy from the consent of the people. The process was inherently democratic. Abu Bakr as Siddiq (r) specifically forbade the nomination of his own son as the Caliph after him, thereby avoiding dynastic rule. Omar ibn al Khattab (r), in his last will, nominated a council of six of the most respected Companions to choose his successor. The Companions were cognizant of the pitfalls of dynastic succession and the excellence of rule by consultation and consent. Theirs was the age of faith. The mission of the first four Caliphs was the creation of a just society, enjoining what is noble, forbidding what is evil and believing in God. In this struggle, they took extraordinary pains to ensure that their immediate families did not profit from their privileged positions.
Muawiya bin Abu Sufyan changed this process. Upon the advice of Mogheera bin Shoba, he nominated his eldest son Yazid as his successor. This was an historical benchmark. Rule by consent requires accountability. Rule by a strongman requires force without accountability. The nomination of Yazid destroyed the requirement for accountability. After Muawiya, Muslim history would produce sultans and emperors, some benevolent, others despotic. Some would declare themselves Caliphs, others would hobnob with Caliphs, marrying their daughters and offering them exorbitant treasures as gifts, but their rule was always the rule of a soldier. The transcendence of the rule ofTawhid and the accountability that went with it came to an end with the assassination of Ali (r).
Muawiya had wasted no time in extending his hold on the territories formerly held by Ali ibn Abu Talib (r) and Hassan ibn Ali. Iraq was in the juggernaut of Muawiya’s police force, so the Iraqis had no choice but to accept the imposition of Yazid. The province of Hejaz (which is a part of Saudi Arabia today and includes the cities of Mecca and Madina) was another matter. Respected personages such as Hussain ibn Ali, Abdullah bin Zubair, Abdullah bin Omar, Abdullah bin Abbas and Abdur Rahman bin Abu Bakr opposed the idea of a dynasty as contrary to the Sunnah of the Prophet and the tradition of the first Caliphs. To convince them, Muawiya himself traveled to Madina. A meeting was held but there was no meeting of the minds. Not to be deterred by this defiant rejection, Muawiya came out of the meeting and declared that the five had agreed to take their oath of allegiance to Yazid. According to Tabari and Ibn Aseer, Muawiya openly threatened to use force if his proposition was not agreed to. The ammah (general population) gave in. Only later was it discovered that the rumor of allegiance of the “pious five” was a ruse.
Muawiya died soon thereafter (692) at the age of seventy-eight and Yazid ascended the Umayyad throne. One of his first acts was to order the governor of Madina, Waleed bin Uthba, to force an oath of allegiance from Abdullah bin Zubair and Hussain ibn Ali. Sensing the imminent danger to his life, Abdullah bin Zubair left Madina for Mecca under cover of darkness and took refuge in the Ka’ba, where he would presumably be safe from Yazid’s troops. Hussain ibn Ali consulted with his half-brother Muhammad bin Hanafia and moved to Mecca as well.
Those Companions of the Prophet and other Muslims, who believed that Ali (r) was the rightful Caliph after the Prophet were called Shi’ Aan e Ali (the party of Ali (r), which explains the origin of the term Shi’a. The term Sunni is of later historical origin). As is recorded by Ibn Kathir and Ibn Khaldun, these Companions were not entirely satisfied when Abu Bakr (r) was elected the Caliph. However, to maintain the unity of the community they supported and served Abu Bakr (r), Omar (r) and Uthman (r). When Hassan(r) abdicated in favor of Muawiya, many amongst Shi’ Aan e Ali withdrew from politics. While maintaining no animosity against the power structure, which was almost always hostile to them, they accepted the spiritual leadership of Ali’s (r) lineage.
Kufa had been the capital during the Caliphate of Ali ibn Abu Talib (r) and members of Shi’ Aan e Ali were numerous in Iraq. Hussain ibn Ali received insistent letters from the notables of Kufa inviting him to Iraq and to accept their allegiance to him as the Caliph. As a first step, Hussain sent his cousin Muslim bin Aqeel on a fact finding mission. Muslim bin Aqeel arrived in Kufa and set up residence in the house of a well-wisher, Hani. The supporters of Hussain thronged this residence, so Muslim sent word to Hussain encouraging him to migrate to Kufa.
Meanwhile, Yazid dispatched Ubaidullah bin Ziyad, commonly known as Ibn Ziyad, the butcher of Karbala, to apprehend Muslim bin Aqeel and stop the incipient uprising. Ibn Ziyad arrived in Iraq and promptly declared that those who would support Yazid would be rewarded and those who opposed him would have their heads cut off. Greed and fear of reprisals did their trick. The Kufans made an about-turn and abandoned Muslim. He was attacked and executed by forces of Ibn Ziyad. Before his death, Muslim sent word to Hussain that the situation in Kufa had changed and that he should abandon the idea of migrating there. By this time, Ibn Ziyad’s forces had cut the communications of Hussain’s supporters, so the second message from Muslim never reached Hussain.
Unaware of the ground situation in Kufa, Hussain started his move from Mecca to Kufa in 680 with his supporters and well-wishers. On the way, news arrived that Muslim had been killed. According to Ibn Kathir, Hussain wanted to turn back but the demand for qisas (equitable retribution) from Muslim’s brothers prevented him. He did inform his entourage of the developments and urged those who wanted to return to do so. All but the very faithful, mostly members of the Prophet’s family, left him.
Undaunted, Hussain ibn Ali moved forward and was stopped by a regiment of troops under Amr bin Sa’ad at Karbala on the banks of the River Euphrates. A standoff ensued, negotiations took place and Amr bin Sa’ad communicated this to Ibn Ziyad in Kufa. But Ibn Ziyad would accept nothing short of capitulation and Hussain’s explicit baiyah (oath of allegiance) to Yazid. Sensing that Amr bin Sa’ad was reluctant to commence hostilities against the Prophet’s family, Ibn Ziyad recalled him and replaced him with Shimr Zil Jowhan. Shimr, a man without moral compunctions, surrounded the Hussaini camp and cut off the supply of water. The final confrontation came on the 10th of Muharram. (Muharram is the first month of the Islamic calendar and the date is mentioned here because the 10th of Muharram has come to occupy a special place in Muslim history). Hussain, the soldier of God, who had drunk from the lips of the Prophet and who would not submit to the tyranny of Yazid, arranged his seventy two men in battle formation, advanced and met the forces of darkness. Each of the men was cut down and at last, the grandson of the Prophet also fell. His head was cut off and sent to Kufa where Ibn Ziyad mistreated it in the most abominable manner and paraded it through the streets. The ladies and surviving children in Hussain’s entourage were safely escorted back to Madina by some well-wishers. It was the year 680.
More Muslim tears have been shed for the blood of Hussain ibn Ali than any other martyr in Islamic history. Hussain’s martyrdom provided Islam with a paradigm for selfless struggle and sacrifice. For hundreds of years, generations would rise, invoking the name of Hussain ibn Ali, to uphold justice and to fight against tyranny. For some Muslims, it was the defining moment in Islamic history.
Hussain stood for faith and principle in the face of tyranny and coercion. In the person of Hussain, faith held its head high against the sharpness of the tyrant’s blade. Hussain was the embodiment of the Qur’anic teaching that humankind is born into freedom and is to bow only before the Divine majesty. Freedom is a trust bestowed upon all men and women by the Creator; it is not to be surrendered before the oppression of a mere mortal.
Karbala imparted a new meaning to the term struggle. Humankind must strive with patience and constancy in the face of extreme adversity. Comfort and safety are not to be impediments in the higher struggle for the rewards of the hereafter. Hussain did not give up his struggle even though he was abandoned by the multitudes that had offered him support. He did not surrender while facing insurmountable odds.
History is a jealous and demanding consumer. Time and again, it demands the ultimate sacrifice from the faithful, so that faith may renew itself. Karbala was a renewal of faith. Islam received an eternal boost from the sacrifice of Hussain ibn Ali. Faith had triumphed even while the sword had conquered.
Before Karbala, Shi’ Aan e Ali was a religious movement. After Karbala, it became both a religious and political movement. As we shall see in later chapters, the echoes of Karbala were heard again and again throughout Islamic history and imparting to it a directional momentum that persists even in contemporary affairs.
So great was the shock from Hussain’s martyrdom, that even Yazid sought to distance himself from the tragedy. Ibn Kathir reports that when he heard of the events of Karbala, Yazid wept bitterly and cursed the actions of Ibn Ziyad. But when we view the sum total of Yazid’s actions and his personal character, these were nothing but crocodile tears of a tyrant.
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