The recent judgment of one of the learned judges of our Supreme Court in petitions under Article 184(3) of the Constitution starts with a quote from a fictional 1969 novel ‘The Godfather’ by Mario Puzo recounting ‘the violent tale of a Mafia family and the epigraph, ‘Behind every great fortune there is a crime’ originally evolved from a literary sentence by Balzac. The quoted epigraph has rightly given plenty of reason for debate.
I, with requisite humility, wish to discuss about the ‘absoluteness’ and ‘truthfulness’ of the epigraph without adverting to any of the demerits of the judgment, its possible subconscious motivations through a Freudian psychoanalysis or Marxist paradigm, appropriateness of the use of the quote from a criminal fiction at the very outset of the judgment in a sensitive case of essentially ‘political nature’ in a highly charged atmosphere.
This generally referred epigraph does have some qualified truth but definitely it is not an absolute Gospel truth revealed to any Prophet through Archangel Gabriel or proved otherwise through an empirical research methodology complying with rigorous standards as set down by Francis Beacon or Scientific Revolution or accepted as a maxim by the jurists of all the time. The statement, at the most, is a commonplace fact suitable for criminal fictions only.
In today’s digital world, we hear about fortunes created in stock exchanges, futures trading, or Internet-based businesses. Rarely does one hear of a major criminal activity behind them. With rigid regulatory oversight, free media and the general culture of the rule of law, the western economies can ill afford to let illegal activity contribute or overpower economic progress.
Let me give some concrete examples: (i) Son of a travelling salesman, Rockefeller, arguably the richest man in modern history, started as a bookkeeper at 50 cents a day in the United States. Much of his fortune is credited to his emergence as an absolute monopolist, which many may argue is a crime by today’s standards but it was perfectly non-criminal then; (ii) Co-founded in 1981 by upstart Indian engineers, ‘Infosys Consultants’ was established with a capital of only US$250. Today the company is worth US$34 billion; (iii) Born to a Syrian immigrant, Steve Jobs started Apple Computers in 1976 from his father’s garage and funding it by selling his old Volkswagen. Today the brand Apple is worth USD 146 billion; and (iv) Mark Zuckerberg was born in 1984. His father was a doctor with ancestry from East Europe. He launched Facebook from his Harvard University dormitory in 2004 but now has a net worth of US$56 billion. His non-criminal dispensation is proved by the announcement that he would give 99 per cent of Facebook shares to the charity.
To the best of my understanding, human resource is the most important factor for creation of wealth. Different people are either endowed by nature with different capabilities and some utilize these with varying strengths. The systematic use of talent and efficiently exploiting the available opportunities or creating new ones to build a fortune, may be a product of an enabling environment but without any tinge of a crime. And of course, luck makes a difference.
Quaid-i-Azam Muhammad Ali Jinnah was by any standards one of the wealthiest gentlemen of his time. At the time of his passing, he owned more than 200 suits tailored in London and never wore the same silk necktie twice. From smoking the best brands of tobacco to hiring English house staff and Bentleys, he was a wealthy man. He was the owner of multiple houses whose grandeur was extraordinary. Malabar Hill mansion, built in 1936 in Mumbai is worth $60 million today; another house in Delhi bought by him is now the Dutch Ambassador’s residence and worth $200 million today. The Quaid’s houses in Lahore (Core Commander House) and Karachi are no less in value. He was at best from a middle-income background, born to a family of merchants who lived in a small apartment when he left for England. With his father’s business on the verge of collapse, Jinnah returned to Bombay and got a room in a hostel while beginning his career as a young barrister. Jinnah, while maintaining his signature grand posture, was in desperate financial circumstances for quite some time, and would walk long ways to the courts for lack of transport fare. The history bears witness that not even an imaginary iota of corruption or crime can possibly be attributed to his pristine personality.
Lastly, I wish to mention two endearing stories of economic brilliance from our Islamic history. Abdur-Rahman bin Awf (RA) left all his wealth back when migrated to Medina. Upon arrival there, he turned down the sharing formula with his Ansar brother and instead politely asked him the way to the Bazaar of Banu Qainuqa (A Jewish trading quarter) where he started selling yoghurt and butter. He died as one of the richest man of his time. His wealth is reported (approx) three billion Dinars, 10,000 goats, 1000 horses, 1000 camels and vast areas of land but so far not even a sick mind could find a crime behind his fortune. One of the rightly guided Caliphs, Usman bin Affan (RA) was known for his generosity and financial assistance to the causes of Islam. From a relatively middle income early days to earning great wealth, he was and still is a beacon of honesty and fair trade.
Some believe that all the treasures of this world are bestowed by Allah Almighty to test the person in his behaviour. Some prefer an ascetic life and give in charity whatever fortune they have. Let us be fair in our analysis and our wishes that we hold for another person – one who may have been blessed by Allah in one way while we all may pray to be blessed in others.
There cannot be presumption of a crime behind every fortune as it is a norm that personal likes and dislikes apart, the innocence of any individual must be sacred until proven otherwise after a fair trial. Even the Lucifer (Shaitaan), the most-wicked creature ever created, was asked to explain his guilt before condemnation by the Most Just Lord. And it is a centuries old maxim of law that the proof of a crime needs evidence beyond any reasonable doubt.
I believe in the optimistic appreciation of human potentials and do not subscribe to the pessimistic view of human nature despite all inherent frailties from which all we suffer alike, may be laymen, judges and politicians. The irony is that the Western philosophical paradigm is more fatalistic and pessimistic while our Muslim worldview is positive and reminiscent of the unlimited bounties of Allah. The humans can create and did create wonders out of nothing. Iqbal has rightly submitted to God:
‘You created night, I the lamp
You created clay, and I the cup
You-desert, mountain peak and valley
I-flower bed, park and orchard
It is I who grind a mirror out of stone
And brew elixir from poison’
(The author is a lawyer, politician and writer)
