Free Web Hosting by Netfirms
Web Hosting by Netfirms | Free Domain Names by Netfirms

Focus on Fiqah
Inheritance in Islam
Akhlaq of Islam
Sayings of the Prophet
Islamic History
Muslim world news

Back ] Home ] Up ] Next ]

Download

Al-Farouq Vol 1, No. 2

Madresa MASEEHUL-ULOOM
PO Box 4280
Korsten
6014
South Africa

 


Al-Farouq (The Criterion)


Rajab 1423                                    Volume 1,  No. 2                            September 2002

Qadha - SHAR’EE JUDICIARY

The Shariah of Islam boasts the most efficient and effective system of courts that has ever existed or that will ever devolve among mankind. Yet, this profoundly important feature of Islamic justice has been sadly neglected and even discarded. Only in those few countries which still profess to uphold Islamic principles of government would one find a semblance of the Shar’ee process called QADHAA. Having said that, let us who reside in non-Muslim countries not feel absolved of this great responsibility of Qadhaa. Most Muslims are not entirely aware of the nature of Shar’ee Qadhaa, nor of the Islamic significance about such a system. And even those who have some smattering of acquaintance with the concept, believe that Qadhaa is the domain of Muslim or Islamic countries. The idea of this article is to eliminate this misconception from the minds of people, and to enlighten Muslims as to the exact nature and need, as well as the application of Shar’ee Qadhaa.

DEFINITION OF QADHAA

Qadhaa is an Arabic word that means decree, verdict, or judgment. It is also used as a verb for the act of passing judgment between two parties. In Shar’ee terms, this refers to a very special and important office which has been ordained by Almighty Allah for a specific purpose, through the medium of Rasoolullah (sallallahu alaihi wasallam).

The one appointed to such a post or position is called a Qaadhi, which in English is translated as ‘judge’ or ‘magistrate’. As in so many of the Islamic teachings that required practical implementation, Rasoolullah (Sallallahu alaihi wa sallam) was the first to demonstrate to us the method of meting out Shar’ee justice. He was granted the Divine System of Justice that Islam portrays, and he implemented this system first-hand in the lives of the Sahaaba (radhiyallahu anhum). After him, his noble companions (may Allah be pleased with them) maintained this Divine System, and the Khulafa-e-Rashideen in particular, expanded and expounded on the Shar’ee system of qadhaa.

THE NEED FOR QADHAA

Allah Azza Wa Jall has set man down on this earth for a specific and important purpose. Almighty Allah has also given man a natural temperament, and man has to contend with the demands of this temperament in this earthly life. That is what makes our lives here a constant test and struggle. Though the Muslim will follow laws decreed by Allah, errors are bound to occur. In most cases, the serious mistakes are those affecting others. One human may infringe on the right of another. In man’s pursuit of wealth and the accumulation of worldly gains, he is bound to exceed limits. In order to maintain law and order in this regard, The Shariah of Islam has brought about a labyrinth system of justice and security. This system, termed Qadhaa will serve a host of important functions, such as: retrieval of usurped rights, overseeing property of orphans, imposing Islamic penalties for crime, granting marital rights and dues to spouses, arranging the marriages of girls who have no wali, introducing legislation for new issues that affect the Ummah, and so on. These few words are enough to highlight the important functions of a Qaadhi. We now discuss the how Islam enjoins the appointment of such a Qaadhi.


THE TRUTH ABOUT QADIANISM AND AHMADIS
Part 1

Whoever made a false claim to be a prophet in this world was undoubtedly dishonoured and disgraced in the end. Read the history of all false prophets, all of them died a death of ignominy and shame. Mirza (of Qadian) claimed to be a prophet too. The Ulema-e-Kiraam of his time opposed him strongly. One of these Ulema, Maulana Sanaullah Amritsari, simply could not stand the lies being told by Mirza and began exposing him for what he was in his periodical. This made Mirza furious. He sat down and wrote a letter to Maulana Amritsari. The lines of the letter were:

“For a long time now you have been calling me a liar. In your periodical you have said that I am a charlatan, a liar, a Dajjal (one-eyed impostor) and a mischief-monger. I have borne a lot of tortures from you but endured them patiently. If I am a liar and an impostor such as you claim me to be in each issue of your periodicals, then I announce loud and clear that I shall die in your lifetime. For the life of a liar is short indeed. He dies a death of dishonour and shame during the lifetime of his enemies and verily it is better that he should die. For then he will not harm the people. But if I am not a liar, if I am really the Promised Messiah, then by the grace of Allah I hope that you will not escape punishment. A punishment which will not befall you at the hands of a human being but at the hands of a fatal disease such as cholera or plague etc. So if you are not overtaken by these diseases in my lifetime, I will be a liar. I have asked Allah Ta'ala for His decision. I have prayed to Him that if my claim of being a prophet is false, kill me in the lifetime of Maulana Amritsari and thus make him and his jama'at happy. Aameen, thumma Aameen. But O my God, if Maulwi Sanaullah accuses me wrongly, then I beseech You, destroy him in my lifetime. But not at the hands of a human being but by cholera or plague etc. Except that he repents from what he has said.”

O Allah! Holding the garment of Your Sanctity and Mercy only, I supplicate unto Your Lofty Audience to bring out the true decision between me and Maulwi Sanaullah and whosoever is a liar and mischief-monger in Your eye , then despatch him from this world in the very lifetime of the one who is truthful. Ameen. O Master do it this way.

(This letter of Mirza is recorded in his book titled, Majmua-e-Ishtiharaat, Ghulam Ahmad Qadiyani. Vol.3, p.549)

This notification or Ishtihaar was published on 15th April 1907. The points it emphasizes and clearly underlines are, one, that if I am a liar, may I die in the lifetime of Maulana Amritsari. But if I am truthful, the Promised Messiah, the God-sent, then Maulvi Sanaullah shall die during my life. For further emphasis, the notification says that death will not come at the hands of human beings, lest people may say that in order to prove himself truthful Mirza had had Maulvi Amritsari killed. Instead, his end must come through a plague or cholera etc. Another thing emphasized was that whosoever was a liar would die in the lifetime of the other.

Now when the Mirzais or Qadiyanis are asked what was the outcome of this prediction and claim, they start making excuses. We only ask them a simple and straight-forward question. Did Maulvi Amritsari die in the lifetime of Mirza? Did he die of cholera or plague? NO HE DIDN’T! He lived on and on, sound and magnificent for a long period of time. So, did Mirza die in the lifetime of Maulvi Sanaullah? Did he or did he not die of cholera? Everyone knows the answer. Mirza died on 26th May 1908, only one year after the publication of the above-mentioned notification. Cholera purged his guts out. This is stated in the Qadiyanis own book, ‘Seerat-ul-Huda’. The night Mirza died, he was suffering from motions. The whole night long he kept going in and out of the toilet to pass stool. And just before he died, didn’t he tell his people that I am dying of cholera? But Maulvi Sanaullah, he lived on for 41 years. Allah Ta’ala granted Mirza his prayer which he had asked in his notification. He took Mirza away from this world during the lifetime of Maulvi Sanaullal. He died not at human hands but as a victim of cholera.

A point worth considering in the notification of Mirza is that he wrote ‘the life of a liar is short indeed’. In view of the predictions he had made about his life, he did not live that long, did he? Mirza had claimed that he would live to be 80. He was born in 1839 (or 1840) and died in 1908. Thus he lived for only 68 years, which is not a very long life at all. This goes to prove that Mirza was nothing but a liar, making false predictions about the future. The Mirzais should see reason now. They should remove the blindfolds tied by their missionaries over their eyes and see through the claims made by their leader This is our very sincere and sympathetic advice to them.

In the Ishtihaar (notification) we are talking about, Mirza has once again called himself Masih-e-Mau’ood i.e. the Promised Messiah. Prior to this in many other books, too, he has written that, “I am the promised Messiah, it is me who is the Masih-e-Mau’ood, In Kishti-e-Nooh he has written, “I am the Masih-e-Mau’ood who shall be buried in the grave of Rasoolullah sallallahu ‘alaihi wasallam.” So we see that in order to make people believe that he was really the Promised Messiah, Mirza went to the extent of claiming that he would be buried with Nabi-i-Kareem sallallahu ‘alaihi wasallam, although this honour is specifically reserved for Hazrat ‘Esa ‘alayhis-salaam. It is he who shall be buried in the fourth grave, the space which lies empty in the Rauza-i-Mubarak of Rasoolullah sallallahu ‘alaihi wasallam. When he descends from the Heavens, passes the rest of his life in this world and then dies, Hazrat ‘Esa alayhis-salaam shall be buried next to Rasoolullah sallallahu ‘alaihi wasallam. Now Mirza had claimed that he was the Promised Messiah, so he predicted that he would be buried there. However, as it turned out, Mirza perished in Lahore, his dead body was taken to Qadiyan and he was buried there.

Do you realize what that means? The Mirzais in their very hearts know without a shadow of doubt, that Mirza was a liar, a false prophet. For had they really believed that Mirza was a true prophet as he claimed to be, they would have carried his dead body to Madinah to be buried next to Rasoolullah sallallahu ‘alaihi wasallam, in conformity with the prediction he had made. We ask the Qadiyanis why Mirza’s body was not taken to Madinah? Isn’t it true that they themselves really believe that Mirza was a false prophet? We ask the Mirzais to answer this question. If they can’t, we want them to renounce Qadiyanism forever.