Judgment draws heavily from Quran, Sunnah

ISLAMABAD: The Supreme Court, in its landmark decision in the Aasia Bibi vs The State etc. (Criminal Appeal No.39-L of 2015) that overturned the earlier judgments of the subservient courts on Wednesday, quoted heavily from the Holy Quran and Sunnah.

In the first instance, the decision said freedom of religion has been guaranteed by Islam as it prohibits coercion in matters of faith and belief. “There should be no compulsion in religion. Surely, the right way has become distinct from error.” [Al-Baqara (2:256)] The decision said the unlimited and unparalleled love with Allah’s Messenger is an integral part of a Muslim’s faith. In this connection the following verses and Ahadith are very clear: -

“Say, [O Muhammad], “If your fathers, your sons, your brothers, your wives, your relatives, wealth which you have obtained, commerce wherein you fear decline, and dwellings with which you are pleased are more beloved to you than Allah and His Messenger and jihad in His cause, then wait until Allah executes His command. And Allah does not guide the defiantly disobedient people”. [At- Towbah (9:24)]

“By the star when it descends, Your companion [Muhammad] has not strayed, nor has he erred, Nor does he speak from [his own] inclination. It is not but a revelation revealed,” [An-Najm (53:1-4)

Quoting a Hadith narrated by Anas (RA) wherein the Holy Prophet (PBUH) said “none of you will have faith till you love me more than your father, your children and the mankind, the decision said this love has to manifest itself in complete unconditional obedience to follow in the footsteps of the Holy Prophet (PBUH) as is manifested from the following Verses: “Say, [O Muhammad], “If you should love Allah, then follow me, [so] Allah will love you and forgive you your sins. And Allah is Forgiving and Merciful”.” [Ali’Imran (3:31)]

But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission. [An-Nisa (4:65)].

It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair. And whoever disobeys Allah and His Messenger has certainly strayed into clear error. [Al-Ahzab (33:36)]

The commendable charisma and personality of our Holy Prophet (PBHU) serves as a role model for all Muslims, in clear terms, as mentioned in the following Verses: “Certainly, you have in Allah’s Messenger an excellent example (role-model) to follow, for whoever looks forward to Allah and the last day and remembers Allah abundantly.” [Al- Ahzab (33:21)]

And when you, [O Muhammad], do not bring them a sign, they say, "Why have you not contrived it?" Say, "I only follow what is revealed to me from my Lord. This [Qur'an] is enlightenment from your Lord and guidance and mercy for a people who believe." [Al-A’raf (7:203)].

And indeed, for you is a reward uninterrupted. And indeed, you are of a great moral character. [Al-Qalam (68:3-4)] And We have not sent you, [O Muhammad], except as a mercy to the worlds. [Al-Anbya (21:107)]

The decision said the Holy Qur’an has unequivocally described the glorification and exaltation of Holy Prophet (PBHU) and has ordered Muslims to strictly observe maximum respect and be extremely careful in this regard.

Among the Jews are those who distort words from their [proper] usages and say, "We hear and disobey" and "Hear but be not heard" and "Ra'ina" twisting their tongues and defaming the religion. And if they had said [instead], "We hear and obey" and "Wait for us [to understand]," it would have been better for them and more suitable. But Allah has cursed them for their disbelief, so they believe not, except for a few. [An-Nisa (4:46)]

“O ye who believe! raise not your voices above the voice of the Prophet (PBUH), nor shout when speaking to him as you shout one to another, lest your deeds be rendered vain while you perceive not.” [Al-Hujurat (4:46)]

The decision made it cleat that Allah Almighty declared the enemy of Prophet Muhammad (PBUH) as the enemy of Allah and ordained that, in this temporary world and also in the eternal life hereinafter, there is a punishment of highest degree for those who disbelieves or disrespects him. For reference, some of the Verses are mentioned hereinbelow:

“Ask forgiveness for them, [O Muhammad], or do not ask forgiveness for them. If you should ask forgiveness for them seventy times - never will Allah forgive them. That is because they disbelieved in Allah and His Messenger, and Allah does not guide the defiantly disobedient people”. [At-Tawbah (9:80)]

“And thus, have We made for every prophet an enemy from among the criminals. But sufficient is your Lord as a guide and a helper”. [Al-Furqan (25:31)]

“Have you not considered those who were forbidden from private conversation, then they return to that which they were forbidden and converse among themselves about sin and aggression and disobedience to the Messenger? And when they come to you, they greet you with that [word] by which Allah does not greet you and say among themselves, "Why does Allah not punish us for what we say?" Sufficient for them is Hell, which they will [enter to] burn, and wretched is the destination.” [Al-Mujadila (58:8)]

“May the hands of Abu Lahab be ruined, and ruined is he. His wealth will not avail him or that which he gained. He will [enter to] burn in a Fire of [blazing] flame. And his wife [as well] - the carrier of firewood. Around her neck is a rope of [twisted] fiber.” [Al-Masad (111:1-5)]

“How wretched is that for which they sold themselves - that they would disbelieve in what Allah has revealed through [their] outrage that Allah would send down His favor upon whom He wills from among His servants. So, they returned having [earned] wrath upon wrath. And for the disbelievers is a humiliating punishment.” [Al-Baqarah (2:90)]

“Indeed, those who disbelieve in Allah and His messengers and wish to discriminate between Allah and His messengers and say, "We believe in some and disbelieve in others," and wish to adopt a way in between - Those are the disbelievers, truly. And We have prepared for the disbelievers a humiliating punishment.” [An-Nisa (4:150-151)]

“Lo! Those who malign Allah and his Messenger, Allah hath cursed them in the world and the Hereafter, and hath prepared for them the doom of the disdained”. [Al-Ahzab ])33:57(

The other Verses read as follow: -

“And of them are those who vex the Prophet (PBUH) and say: He is only a hearer. Say: A hearer of good for your, who believeth in Allah (SWT) and is true to the believers, and a mercy for such of you as believe. Those who vex the Messenger of Allah, for them there is a painful doom.”
“They swear by Allah to you (Muslims) to please you, but Allah, with His Messenger, hath more right that they should please him if they are believers.” [Al-Tawbah (9:61-62)].

The decision quoted Ibn Taimiyyah’s explanation of the above verse wherein he explains that the malignity of the Holy Prophet (PBUH) is the opposition of Allah and His Prophet (PBUH). These verses, the decision said are linked with Verse 20 of Sura Al-Mujadila which is as under:

“Lo! those who oppose Allah and His messenger, they will be among the lowest.” [Al-Mujadila (58:20)].

Thus, all of these Verses of the Holy Qur’an, mention in clear terms, that these abusers and contemners of the Prophet (PBUH) are actually the opponents of Allah and His Prophet (PBHU) about whom the Qur’an says:

“When thy Lord inspired the angels, (saying) I am with you. So, make those who believe stand firm. I will throw fear into the hearts of those who disbelieve. Then smite their necks and smite of them each finger.” [Al-Anfal (8:12)]

“That is because they opposed Allah and His messenger. Whoso Opposeth Allah and His messenger, (for him) Lo! Allah is severe in punishment.” [Al-Anfal (8:13)]

“And if Allah had not decreed migration for them. He verily would have punished them in this world, and theirs in the Hereafter is the punishment of the Fire.” [Al-Hashar (59:3)]

“That is because they were opposed to Allah and His messenger; and whoso is opposed to Allah (for him) verily Allah is stern in reprisal.” [Al-Hashar (59:4)]

The decision said the commandments of Allah are entrenched in the Quran which provides for a complete way of life and teaches us the concept of tolerance. It is however to be kept in mind that unless proven guilty, through a fair trial, as provided for in the Constitution and the law, every person is considered innocent, irrespective of their creed, caste and colour. The Holy Quran has mentioned in clear terms that:-

“..... he who slays a soul unless it be (in punishment) for murder or for spreading mischief on earth shall be as if he had slain all mankind; and he who saves a life shall be as if he had given life to all mankind. ......”. [Al-Ma’idah (5:32)]

In his separate opinion, Judge Khosa wrote that all concerned (the accusers, the investigators & the judges of the subservient courts) would have certainly done better if they had paid heed to what Almighty Allah has ordained in the Holy Qur’an:

“O you who have believed, be persistently standing firm for Allah, witnesses in justice, and do not let the hatred of a people prevent you from being just. Be just, that is nearer to righteousness. And fear Allah; indeed, Allah is acquainted with what you do.” (Surah Al-Ma’idah: verse 8)

“So follow not [personal] inclination, lest you not be just. And if you distort [your testimony] or refuse [to give it], then indeed Allah is ever, with what you do, acquainted.”

(Surah An-Nisa: verse 135)

He said that from that perspective insulting the appellant’s religion by her Muslim co-workers was no less blasphemous. Almighty Allah, the Creator of mankind, knew how a human being whose religion and religious sensibilities are insulted is likely to snap and retort and that is why it was ordained in the Holy Qur’an that

“And do not insult those they invoke other than Allah, lest they insult Allah in enmity without knowledge. Thus We have made pleasing to every community their deeds. Then to their Lord is their return, and He will inform them about what they used to do.” (Surah Al-An’am: verse 108)

Judge Khosa wrote: “It appears that after an altercation taking place in the field of Falsa a feast of falsehood had followed and the Muslim members of the complainant party led by Qari Muhammad Salaam complainant had paid little heed to the following command of Almighty Allah in the Holy Qur’an:

“O! ye who believe! Stand out firmly for justice, as witnesses to Allah, even as against yourselves, or your parents, or your kin, and whether it be (against) rich or poor, for Allah can best protect both. Follow not the lusts (of your hearts), lest ye swerve, and if ye distort (justice) or decline to do justice, verily Allah is well-acquainted with all that ye do.” (Surah Al-Nisa: verse 135)

He said the Muslim witnesses belonging to the complainant party had ignored what had been ordained by Almighty Allah in the following verse of the Holy Qur’an: “And do not mix the truth with falsehood or conceal the truth while you know [it].” (Surah Al-Baqarah: verse 42)

Judge Khosa quoted from the Covenant of the Prophet Muhammad (PBUH) with the Monks of Mount Sinai - a charter, also known as The Promise to St. Catherine, and that was translated from Arabic to English language by Dr. A. Zahoor and Dr. Z. Haq as follows:

“This is a message from Muhammad ibn Abdullah, as a covenant to those who adopt Christianity, near and far, we are with them.

Verily I, the servants, the helpers, and my followers defend them, because Christians are my citizens; and by God! I hold out against anything that displeases them. No compulsion is to be on them. Neither are their judges to be removed from their jobs nor their monks from their monasteries. No one is to destroy a house of their religion, to damage it, or to carry anything from it to the Muslims' houses. Should anyone take any of these, he would spoil God's covenant and disobey His Prophet. Verily, they are my allies and have my secure charter against all that they hate.

No one is to force them to travel or to oblige them to fight. The Muslims are to fight for them. If a female Christian is married to a Muslim, it is not to take place without her approval. She is not to be prevented from visiting her church to pray. Their churches are to be respected. They are neither to be prevented from repairing them nor the sacredness of their covenants. No one of the nation (Muslims) is to disobey the covenant till the Last Day (end of the world).”

The unanimous judgment by was ended by the Chief Justice Mian Saqib Nisar with a saying of the Holy Prophet (PBUH)

“Beware! Whoever is cruel and hard on a non-Muslim minority, or curtails their rights, or burdens them with more than they can bear, or takes anything from them against their free will; I (Prophet Muhammad) will complain against the person on the Day of Judgment.” (Abu Dawud)