Nothing more for Qadianis except to accept their constitutional status, says SC
The Supreme Court of Pakistan (SC) correcting its earlier verdict has ordered the Qadiani community to accept their constitutionally outlined status in Pakistan. The Council of Islamic Ideology of Pakistan calls this detailed order of the apex court in accordance with the Constitution of Pakistan and beliefs of the Muslims.
It is important to note that earlier the top court in its verdict was reported to have allowed the said religious minority for preaching their beliefs with their doors. It attracted a severe public criticism and later on some appeals were filed against this judgment. It was on August 22 when a three-member bench of the SC headed by Justice Qazi Faez Isa comprising Justice Aminuddin Khan and Justice Naeem Akhtar Afghan issued a brief order hearing the miscellaneous applications, seeking correction in the court’s previous order.
The court hearing a review petition now has amended its order. Importantly, the federal and Punjab governments were also the parties to the review petitions. Now the court in its corrected 10 page detailed verdict said, “Within the parameters of the Constitution, their rights can be determined and protected.”
Hailing the verdict, the Council of Islamic Ideology (CII) Chairman Dr. Muhammad Raghib Hussain Naeemi issued a statement which described the order as a true reflection of the sentiments of Muslims. It is important to note that the court not only retracted its earlier ruling but also supported its detailed order with Quranic verses and sayings (Hadith) of the Holy Prophet (PBUH). The verdict, authored in Urdu by Mr. Justice Isa, emphasized that belief in the finality of Prophet Hood is central and core order of Islam observing that every Muslim must regard the Holy Prophet (PBUH) as the last Messenger of Allah (God).
Section 260 (3) of the Constitution of the Islamic Republic of Pakistan defines a Muslim as “Someone with complete and unconditional faith in the Finality of Prophethood. No alternative interpretation or justification is acceptable in this regard.” The court observed, “Just as it is mandatory for a law-abiding citizen of any state to accept their country’s constitution in letter and spirit since constitutions are the mother of all laws it is also mandatory for Qadianis to accept their status as defined in the Constitution of the Islamic Republic.”
“The Anti-Qadiani Ordinance is an established and enforceable law in Pakistan, the court said. The court clarifying its previous ruling said that now has been replaced by this corrected decision and this must be taken as final and conclusive verdict in the said case.
The prominent religious scholars who assisted the court in this case include JUI chief Maulana Fazalur Rehman, Mufti Taqi Usmani, Allama Jawad Naqvi, Mufti Haneef Qureshi, Dr. Atta Ur Rehman and Mufti Muneeb Ur Rehman. The CJP during the hearing remarked that they were not infallible and that if they had made a mistake, it should be corrected.
It is equally important to note that Qadianis were declared non-Muslims under the second constitutional amendment passed by the Parliament of Pakistan. Under the Pakistan Penal Code – sections 295 and 298-C – Qadianis were prohibited from adopting a semblance to Islamic virtues, and that this was upheld by a five-member bench of the Supreme Court in 1993 as well.