Report of The Court of Inquiry
REACTION ON MUSLIMS OF NON-MUSLIM STATES
The ideology on which an Islamic State is desired to be founded in Pakistan must have certain consequences for the Musalmans who are living in countries under non-Muslim sovereigns. We asked Amir-i-Shari’at Sayyad Ataullah Shah Bukhari whether a Muslim could be a faithful subject of a non-Muslim State and reproduce his answer:—
“Q.—In your opinion is a Musalman bound to obey orders of a kafir Government?
A.—It is not possible that a Musalman should be faithful citizen of a non-Muslim Government.
Q.—Will it be possible for the four crore of Indian Muslims to be faithful citizens of their State?
The answer is quite consistent with the ideology which has been pressed before us, but then if Pakistan is entitled to base its Constitution on religion, the same right must be conceded to other countries where Musalmans are in substantial minorities or if they constitute a preponderating majority in a country where sovereignty rests with a non-Muslim community. We, therefore, asked the various ulama whether, if non-Muslims in Pakistan were to be subjected to this discrimination in matters of citizenship, the ulama would have any objection to Muslims in other countries being subjected to a similar discrimination. Their reactions to this suggestion are reproduced below:—
Maulana Abul Hasanat Sayyed Muhammad Ahmad Qadri, President, Jami’at-ul-Ulama-i-Pakistan:—
“Q.—You will admit for the Hindus, who are in a majority in India, the right to have a Hindu religious State?
Q.—Will you have any objection if the Muslims are treated under that form of Government as malishes or shudras under the law of Manu?
Maulana Abul Ala Maudoodi :—
“Q.—If we have this form of Islamic Government in Pakistan, will you permit Hindus to base their Constitution on the basis of their own religion?
A—Certainly. I should have no objection even if the Muslims of India are treated in that form of Government as shudras and malishes and Manu’s laws are applied to them, depriving them of all share in the Government and the rights of a citizen. In fact such a state of affairs already exists in India.”
Amir-i-Shari’at Sayyad Ata Ullah Skak Bukhari :—
“Q.—How many crores of Muslims are there in India?
Q.—Have you any objection to the law of Manu being applied to them according to which they will have no civil right and will be treated as malishes and shudras?
A.—I am in Pakistan and I cannot advise them.”
Mian Tufail Muhammad of Jama’at-i-Islami :—
“Q.—What is the population of Muslims in the world?
Q.—If the total population of Muslims of the world is 50 crores, as you say, and the number of Muslims living in Pakistan, Saudi Arabia, Yemen, Indonesia, Egypt, Persia, Syria, Lebanon, Trans-Jordan, Turkey and Iraq does not exceed 20 crores, will not the result of your ideology be to convert 30 crores of Muslims in the world into hewers of wood and drawers of water?
A.—My ideology should not affect their position.
Q.—Even if they are subjected to discrimination on religious grounds and denied ordinary rights of citizenship ?
This witness goes to the extent of asserting that even if a non-Muslim Government were to offer posts to Muslims in the public services of the country, it will be their duty to refuse such posts.
Ghazi Siraj-ud-Din Munir :—
“Q.—Do you want an Islamic State in Pakistan?
Q.—What will be your reaction if the neighbouring country was to found their political system on their own religion?
A.—They can do it if they like.
Q.—Do you admit for them the right to declare that all Muslims in India, are shudras and malishes with no civil rights whatsoever?
A.—We will do our best to see that before they do it their political sovereignty is gone. We are too strong for India. We will be strong enough to prevent India from doing this.
Q.—Is it a part of the religious obligations of Muslims to preach their religion?
Q.—Is it a part of the duty of Muslims in India publicly to preach their religion?
A.—They should have that right.
Q.—What if the Indian State is founded on a religious basis and the right to preach religion is disallowed to its Muslim nationals?
A —If India makes any such law, believer in the Expansionist movement as I am, I will march on India and conquer her.”
So this is the reply to the reciprocity of discrimination on religious grounds.
Master Taj-ud-Din Ansari :—
“Q.—Would you like to have the same ideology for the four crores of Muslims in India as you are impressing upon the Muslims of Pakistan?
A.—That ideology will not let them remain in India for one minute.
Q.—Does the ideology of a Muslim change from place to place and from time to time?
Q.—Then why should not the Muslims of India have the same ideology as you have?
A.—They should answer that question.”
The ideology advocated before us, if adopted by Indian Muslims, will completely disqualify them for public offices in the State, not only in India but in other countries also which are under a non-Muslim Government. Muslims will become perpetual suspects everywhere and will not be enrolled in the army because according to this ideology, in case of war between a Muslim country and a non-Muslim country, Muslim soldiers of the non-Muslim country must either side with the Muslim country or surrender their posts. The following is the view expressed by two divines whom we questioned on this point:—
Maulana Abul Hasanat Sayyed Muhammad Ahmad Qadri, President, Jami’at-ul-Ulama-i-Pakistan :—
“Q.—What will be the duty of Muslims in India in case of war between India and Pakistan?
A.—Their duty is obvious, namely, to side with us and not to fight against us on behalf of India.”
Maulana Abul Ala Maudoodi : —
“Q.—What will be the duty of the Muslims in India in case of war between India and Pakistan?
A.—Their duty is obvious, and that is not to fight against Pakistan or to do anything injurious to the safety of Pakistan.”