Lal Masjid reissues 2004 Fatwa to support JI chief

ISLAMABAD: As the controversy over Jamaat-e-Islami Ameer Syed Munawar Hasan’s statement continues after a condemnation by the Pakistan Army, two fatwas (edicts) have been issued so far and both were given on the request of retired army officers.
While Mufti Taqi Usmani issued a Fatwa responding to the questions raised by Lt Gen (retd) Shahid Aziz, an earlier decree issued by Lal Masjid cleric was based on the questions raised by Lt Col (retd) Mahmood-ul-Hassan. Both of them sent four questions each.
Shahid Aziz laid emphasis on the war in Afghanistan and Pakistani government’s decision to support the US, while Mahmood-ul-Hassan sought religious advice on participating in army operations inside Pakistan.
However, contrary to Mufti Taqi Usmani’s decree that has discouraged violence as a means to pressurise the government in reversing its policy of becoming ally of the US-led war against terrorism, Lal Masjid’s decree was far more radical that posed serious challenges to the discipline issues inside the armed forces and demoralised the soldiers.
The Lal Masjid’s 2004 Fatwa was circulated again to the media on Tuesday displaying its solidarity with JI Ameer as it was also accompanied by a statement extending him moral support without explaining how the latest controversy had vindicated the clerics’ position taken nine years ago.
Apparently, the fatwa was issued by Lal Masjid on the request of Lt Col (R) Mahmood-ul-Hassan, the slain journalist Saleem Shahzad had disclosed in his book that it was issued when al-Qaeda leader Sheikh Essa had approached the clerics.
As The News contacted Moulana Abdul Aziz, top cleric of Lal Masjid, he did not deny his meetings with Sheikh Essa but said the decree was issued when they received a set of questions from a retired army officer.
This decree earned the fury of the then President Gen Pervez Musharraf, the Moulana said, that culminated in July 2007 operation against Lal Masjid. “Musharraf had warned us of serious consequences for issuing this decree and the charges furnished at the time of operation were mere excuses to make that happen,” Moulana Abdul Aziz said.
Lal Masjid’s fatwa undoubtedly had a devastating impact on the army as it prohibited funeral prayers of the soldiers fighting against the militants and their burial in Muslim graveyards. This resulted in mounting pressure on the soldiers from within the families and refusal of several army men to go into the battlefield in Waziristan.
The questions sent by Lt Col (R) Mahmood-ul-Hassan to Lal Masjid clerics resulting in a decree signed by 500 clerics of Deobandi school of thought are:
(1) Is it permissible for Pakistani armed forces to conduct military operation against their own Muslim brothers, killing or capturing them or allowing or employing others to kill or capture them?
(2) If the ruler orders the armed forces or civilians to kill or capture innocent persons, should they be obeyed? In this situation, is it permissible for Pakistani armed forces to participate in such operations?
(3) What is the opinion about those killed while participating in these military operations? Would they be embracing “martyrdom” or “haram death”? Is it permissible to arrange or attend funeral prayers for them?
(4) What is the opinion about those Mujahideen and innocent Muslims killed, against whom this war has been waged?
The latest decree issued by Mufti Taqi Usmani are based on the following questions of Lt Gen (R) Shahid Aziz:
(1) Under Islamic Sharia, can the government of Pakistan assist non-Muslims to strengthen their occupation of a neighbouring Muslim country?
(2) Can the weak financial position of Pakistan justify this policy of vested interest under Islamic Sharia?
(3) Under these circumstances what does Islamic Sharia expect from the government of Pakistan?
(4) If the Islamic Sharia demands of the government of Pakistan to get out of the US war but still the government of Pakistan does not stop from its involvement in the killing of innocent Muslim brothers and sisters in Afghanistan then what options are open for Pakistani Muslims under Sharia?