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(On appeal. from the judgments of the Federal Shariat Court, Islamabad, dated 7‑7‑1983 and 6‑7‑1983 in Islamisation of Laws‑Public Notices Nos. 4 and 5 of 1983 respectively).

Shariat Appeal Nos. 3, 4 and 5 of 1984

FEDERATION OF PAKISTAN‑Appellant

Versus

THE GENERAL PUBLIC‑Respondent

Shariat Appeals Nos. 4 and 5 of 1983 and 3, 4 and 5 of 1984, decided on 22nd May, 1985.

(On appeal from the judgment of the Federal Shariat Court, Islamabad, dated 1‑9‑1983 in Islamisation of Laws‑‑Public Notice No. 6 of 1983).

(a) Constitution of Pakistan (1973)‑

‑‑ Arts. 203‑A, 203‑B (c),‑203‑D (1) (2) (3) (a) (b), 203‑E (7), 203‑F, 203‑G & 203‑GG‑Federal Shariat Court‑Functions and jurisdic tion.‑[Federal Shariat Court].

(b) Constitution of Pakistan (1973)‑

----Art. 203‑B (c)‑Injunctions of Islam‑Special jurisdiction of Federal Shariat Court‑Scope of expression "Injunctions of Islam" not left to discretion of Federal Shariat Court or notions of an individual but has been clearly spelt out as only those injunctions which have been laid down in the Holy Qur'an and Sunnah of Holy Prophet (s. a. w. s.).‑[Jurisdiction].

(c) Constitution of Pakistan (1973)‑

‑‑ Arts‑ 203‑B & 203‑E (6)‑Injunctions of Islam‑While discovering Injunctions of Islam for a particular subject or situation from Holy Qur'an and Sunnah Federal Shariat Court has not only power but also duty to state them and while doing so (not without it), Court may also keeping in view well‑known rules, of interpretation of Islamic Jurisprudence, expound and interpret them‑Legal practitioners and Juris‑consults are also enjoined to do so when assisting Federal Shariat Court‑Federal Shariat Court, when stating the injunctions of Islam a reference to Holy Qur'an and Sunnah would be essential and without that no statement will be complete.

While discovering the "Injunctions" for a particular subject or situa tion from the Holy Qur'an and the Sunnah the Court has not only the power but also the duty to state them. And while doing so (not without it), the Court may also keeping in view the well‑known rules of interpreta tion in the Islamic Jurisprudence, expound and interpret them. An indirect important support for such a methodical approach for stating, expounding and interpreting the Injunctions of Islam can be found from Article 203‑E (6) ; which enjoins upon even the legal practitioners and juris‑consults to do so when assisting the Court.

When stating the Injunctions of Islam a reference to the Holy Qur'an and Sunnah would be essential. Without it no statement will be complete.

(d) Constitution of Pakistan (1973)‑

‑‑ Arts. 203‑B, 203‑D & 203‑E (6)‑Injunctions of Islam ‑Intepreta tion‑Although it might be possible to rely on those verses which portray Holy Qur'an and Sunnah as organic entity capable of meeting growing needs of all times to come litre growing expanding tree, it would not be permissible to exercise such free imagination to the extent that nexus with two holy sources is lost‑Remaining consistent with ethos and spirit (Khamir and Zamir) of Islam,‑Federal Shariat Court may properly spell out and meet new needs as and when they emerge, from time to time and for the time being but any change, direct or indirect, in Injunctions of Islam is simply impermissible No such expounding of Injunctions of Islam will be permissible which does not pay attention to statement of the text of Qur'an and Sunnah and to its interpretation together with its Khamir and Zamir- While expounding injunctions Federal Shariat Court will remain under a duty in case of need during a new approach or to meet a new situation to keep in view a number of essentials‑Fallacy regarding place to be assigned to Sunnah of Holy Prophet not Justified and it deserves the very place given to it by Allah in Holy Qur'an.‑[Islamic‑ jurisprudence].

Functions, jurisdiction and powers of the Federal Shariat Court have to be viewed with all solemnity in all essentials thereof. And remedial measures with direct bearing and indirect orientation, are to be suggested to cope with the stupendous task, the Court is to face and perform in the not too distant future.

Regarding interpretation, although it might be possible to rely on those verses which portray the Holy Qur'an and the Sunnah as organic entity capableof meeting the growing needs of all times to come like a growing expanding tree, it would not be permissible to exercise such free imagina tion to the extent that the nexus with the two holy sources is lost.

For the proposition that the Holy Qur'an is capable of meeting these needs like growing branches of a tree see the following:

S. 3, V. 7 ; S. 11, V. 7 ; S. 13, V. 38‑40 : S. 14, V. 24‑27, 52 ; S. 25, V. 30 ; S. 29, V. 49 ; S. 38, V. 87‑88 ; S. 39, V. 23 ; S. 41, V. 53 and S. 54, V. 17.

For their full text in English see Schedule II to the judgment; of course, with the help o: the well‑known Commentaries, old and new.

It is agreed that remaining consistent with the ethos and spirit (Khamir and Zamir) of Islam the Court may properly spell out and meet the new needs as and when they emerge from time to time and for the time being. But any change, direct or indirect, in the "Injunctions of Islam" is simply impermissible. If this rule is relaxed there might emerge danger to the two very important pillars of Islam‑One, that the Holy Qur'an is itself the source of organic law for all tunes to come ; and two, that the Sunnah of the Holy Prophet (s. a. w. s.) is similarly the source of perpetual guidance ; because of the principle that be is the superior most of all and everything created by Allah besides being Rehmat‑ul‑Alamin ; as also, the last of the Prophets, in all possible facets of the expression. Thus, it makes the specification of the Injunctions of Islam an important function of the Court in the performance of its duties under Chapter 3‑A of the Constitu tion.

While expounding the Injunctions of Islam a possibility of some marginal so‑called divergencies might be visualised. It is a very difficult and perilous exercise. It can lead to proper and improper consequences. Be that as it may, no such expounding of the Injunctions of Islam will be permissible which does not pay attention to the statement of the text of the Holy Qur'an and Sunnah and to its interpretation together with its Khamir and Zamir. Within this framework while "expounding" the Injunctions the Court will remain under a duty in case of need during ,a new approach or to meet a new situation to keep in, view the following essentials, of course, amongst others :‑

(i) Whether instead of attempting a relaxation of an Islamic rule, the relaxation may not be made in the required need for which the relaxation is intended to be made. A very simple exercise preliminary though, will be of great advantage to ask oneself ; cannot the society exist or progress without the relaxation and where the answer is negative to ask the further question : cannot it be done with a temporary and mildest one

(ii) It is often said that modernism (even when used in good sense of achievement, progress and high attainment for the Ummah), Ijtihad is essential: There can be no cavil with the proposition, but before doing the same within accepted spheres and under well‑recognized rules it should also be asked, : whether the same objects cannot be achieved without doing it ; and, whether purpose would not be served by doing the similar Ijtihad or making a deviation in the demands of modernism : In other words, cannot the society change to word Islam

(iii) Whether a relaxation is approvable on the accepted rules and principles of Ijtihad and Ijtihah, old or new ; zaroorat or zarar ; Tawil or Takhsis ; Urf and other recognized methods like. Qiyas, Ihsan, Istehsan, Masalah, Mursalah etc.

(iv) Whether in case a new principle like the foregoing, is visualised there is support for the same in the Holy Qur'an and the Sunnah

(v) Whether there has been a need similar to the one in issue earlier if so, whether attempts were made by those who were qualified to do the exercise and with what result ; the same would apply to attempts made in all other lands

(vi) Whether there are precedents for guidance in the well‑known authentic works‑if so, what are the reasons for not following them. It is pertinent to note here that the Pakistani Courts when interpreting and applying laws do follow the precedents if they are by law‑binding. And even when not so binding, help is always sought from good precedents. Not only this but also it is well‑known, the judgments and opinions of foreign Judges and jurists are accepted as legitimate guide or support for resolution of controversies. If that is treated as permissible (rather indispensable by some at least for the time being) there should be no hesitation in examining the judgments and precedents from our own masters including Sahaba, Aimma and Ulema, old and new.

(vii) When examining views and opinions of the old, special place is to tie given to the Khulafa‑e‑Rashideen and the Companions and Tabaeens in accordance with the Holy Qur'an and Sunnah. It is high time, we reduce the dangers of sectarianism and make masterly combination of both (old and new) with gradual elimination of uncalled for criticism and taboos against the so‑called Taqleed and so‑called Tajdid, 'when looking for and following the precedents.

(viii) It would also be necessary when rendering an answer for a new situation to see whether the interests of Islam and Muslim Ummah are advanced in Islamic way. The collective conscience of the Islamic Ummah, past and present, is also to be kept in view in making the answer.

(ix) Whether after doing the necessary exercise and after going through the above stages and others which might be spelt out later, the question when asked from the spiritual and mental faculties of oneself through Nafs Baseera, Nafs Lawwamah and Nafs Mutmainna and not the Nafs Ammarah (14) the answer comes in the clear affirmative for the intended attempt or step. (Refer Footnotes Nos. 5810 and 5819 of Text Translation and ‑Commentary on the Holy Qur'an by Abdullah Yusuf Ali (Vols. II, III). If not, it must be given up. If it is in doubt even then it must be given up. In other words, it must be beyond all doubts of reason, intellect and spirit.

(x) In unoccupied field, the precedent of Hzr. Moaz bin Jabhal (r.) should be applied with full consciousness of its limitations which can in the present day context, be spelt out from the foregoing points.

Before closing this aspect it is pertinent rather essential to highlight a fallacy. It is still being debated though without justification as to what place is to be assigned to the Sunnah of the Holy Prophet (s. a. w. s.) One straight answer is that it deserves the very place given to it by Allah, the Almighty in the Holy Qur'an. There are hundreds of verses of this Ultimate Law, as proof positive thereof. In this behalf Schedule III to this judgment may be referred by ignoring the overlapping. The lists are by no means exhaustive. More would be discoverable in due course of time. To this must be added the Sunnah itself which in obedience to the Qur'anic Injunctions lays down further rules for guidance. In this behalf Schedule IV to the judgment contains list of some of the highly relevant Sunnah but by no means it is intended to be exhaustive. These collections include references regarding the worthy Companions and Tabaeens also.

In addition to the foregoing guidance from the Holy Qur'an and Sunnah itself, regarding the importance of the Sunnah in our constitutional and legal system, the main provision of the constitution itself which confers special jurisdiction on the Federal Shariat Court (Article 203‑D), has made it mandatory to discover the Injunctions of Islam, both from the Holy Qur'an and the Sunnah of the Holy Prophet (s. a. w. s.). It is not permissible for the Court to ignore or attempt to ignore the Sunnah.

(e) Constitution of Pakistan (1973)‑--

‑‑ Arts. 203‑B, 203‑D, 203‑DD & 203‑E (6)‑Injunctions of Islam capable of enforcement as legal norms‑Selected ones traced from Qur'an‑Such injunctions by no means are exhaustive.

Although, it is impossible for a limited compass to give details of the injunctions of the Holy Qur'an and the Sunnah which would be capable of enforcement as legal norms but the selected sub‑headings may be seen in the "Index‑cum‑Concordance" for the Holy Qur'an, prepared by "the Holy Qur'an Society of Pakistan"‑pages 390‑440 and 441‑477 respectively under headings "Commandments (Awamir)" and "Prohibitions (Nawahi)".

Such Injunctions as reproduced in Schedule V of the Judgment are by no means exhaustive. Other headings in the same book can be explored and to all of them will have to be added the Sunnah in the comparative fields vis‑a‑vis the main two headings of Commandments and Prohibitions as well as the other heads and sub‑headings. A convenient exercise would be to take out a subject from the Holy Qur'an and then to see its complimentary subjects in the Sunnah from the accepted and well -known sources.

(f) Constitution of Pakistan (1973)‑

---Art. 203‑D (2) (b) (3) (a) (b)‑Repugnancy to injunctions of Islam ‑Powers, jurisdiction and functions of Federal Shariat Court --Requirements of Constitution.

The exercise by the Federal Shariat Court will be as follows :‑

(a) Specify the law or its particular provision which needs to be examined;

(b) Discover the Qur'anic and/or Sunnah Injunctions which can be attracted to the subject‑matter of the law and state and specify the text;

(c) Where direct text is not in conflict, but the same arises from the deductions and principles therefrom, to state so and clarify the same in the manner discussed in the preceding parts of this judgment;

(d) After the comparison to state the exact extent of repugnancy if there is any; of course, after expounding and interpreting the Injunctions;

(e) While spelling out the repugnancy the reasons therefore would in a normal case, become evident but nevertheless they arc also to be. specified ; and

(f) When making the declaration about the repugnancy and its extent, the date on which the decision of the Court would become effective, shall be stated.‑[Article 203‑D(2)(b)].

When fixing the date sufficient margin will have to be allowed to the Government and the Legislature concerned to take steps and then to make the law in accordance with the Injunctions of Islam [Article 203 -D(3)(a)]; because it due to paucity of time it is not done, there being no scope for condonation of delay ex post facto, the impugned law shall, in any event, become ineffective [Article 203‑D(3)(b)]. The ensuing consequence can be well‑imagined including those of hardship to the public.

(g) Constitution of Pakistan (1973)‑

---" Arts. 203‑A to 203‑J‑Regugnancy to injunction of Islam‑Federal Shariat Court is not duty bound to spell out provisions of new law -, which would be made ‑‑Functionaries and agencies concerned however can take guidance from discussion and reasons given in judgment of Federal Shariat Court which is mandatory for Court to give when making declaration of repugnancy‑Federal Shariat Court can give in some cases suggestions so as to avoid duplication and repetition of proceedings‑Guidelines as to legislation of new law outlined-- Three‑fold joint effort and function of three main limbs of State to bring into operation Injunctions of Islam, in harmony with each other ; though duty of Federal Shariat Court is to do necessary scrutiny after every exercise by Government and Legislature, if need be.

A question has often arisen‑whether it is also the duty of the Court to spell out the provisions of the new law which would be made. The answer in an ordinary routine case of repugnance is simple the negative; as there is no such requirement in any of the relevant provisions. But it might be possible for the functionaries and agencies concerned to take guidance from the discussion and the reasons given in the judgment which, is mandatory for the Court to give, when making the declaration of repugnancy. And in some cases as it is not prohibited, the Court might give suggestions so as to avoid duplication and repetition of proceedings.

However, it is pertinent to note that while it would be permissible under Article 203‑D(3)(a), to seek guidance from the judgment of the Court, as to how the new law is to be made; yet, it has been left absolutely free and open for the agencies concerned to make the new law in a manner which according to their judgment will be "in conformity with the injunctions of Islam". In that eventuality it would be of advantage for them to keep in view all the principles which are essential for the Court, to avoid the possibility of repugnancy again. Because the law can again be brought before the Court for similar scrutiny.

As the new law will again be subject to the scrutiny and jurisdiction of the Court as and when re‑examined, regarding possible repugnancy, it would not only be proper but also desirable for rendering assistance to the Court, that the law or the provision of law, as the case may be, invariably should contain its aims and objects, in the formal notification of law. It shall clarify as to how the law has been made consistent with the Injunctions of Islam in its re‑enactment. In particular if a relaxation thought to be permissible and necessary under any of the recognized modes like Ijtihad, Ijmah, Zarar, Zaroorat, Urf‑i‑am, Qiyas and/or others, the same and the facts supporting the same shall also be stated in the notification. It needs to be emphasised that when doing such an exercise all the circum stances which might have been spelt out earlier by the Court, or could be spelt out in future, and/or otherwise known, shall have to be kept in view. Without the same the Court might not be able to fully judge the intention and object of the Legislature, which in respect of yaws to be made in this field, would be highly essential. The Court will have the power rather duty to give due weight to the intention of the Legislature. It would thus if the matter is again brought before it for scrutiny of it does the scrutiny suo motu, examine critically the proceedings, records and specified aims and objects and facts and circumstances noted by the Legis lature to discover the intention.

The old laws which were made during the time when the legislative forums were not required to keep in view the Injunctions of Islam, might create difficulty for the Court, when they are being tested on the touch stone of repugnancy to the Injunctions of Islam. If their pith and substance is not in accord with the Islamic Injunctions they might have to be overhauled. The patch work of stray corrections, instead of making the task of Legislature and the Court easy, might make it difficult. As the Federal Shariat Court has been conferred the power to exercise the jurisdic tion also suo motu, therefore, in such like matters in addition to the specified provisions in a Shariat Petition, other provisions or the whole law and the connected laws might be examined. It is not only permissible but would be salutary.

When the law is of the type mentioned above the Court might, while keeping in view the peculiarities of each such law, leave a comparatively larger scope for the Legislature to make the law in accordance with the Injunctions of Islam as discovered and understood by them. It has to be so because of a basic principle involved, namely, that udder the present constitutional disposition it is not only the duty of the Federal Shariat Court but also of "the State" under the general provisions of the Constitution, to enact new laws in accordance with the Injunctions of Islam and bring the existing laws also in accord therewith. In addition, the Governments.‑Central and Provincial as also the respective Legislatures have been bound by a specific duty to do so, in pursuance of the declara tions of the Court under Chapter 3‑A of the Constitution [Article 203‑D (3)(a)]. Thus, under the Constitution in particular it is three‑fold joint effort and function of the three main limbs of the State to bring into operation the Injunctions of Islam, in harmony with each other though the duty of the Court is to do the necessary scrutiny after every exercise by the Government and the Legislature, if need be.

(h) Constitution of Pakistan (1973)‑

‑‑ Arts. 203‑D & 286‑Islamisation of laws‑Repugnancy to Injunc tions of Islam‑ Discovery‑Advice given by Supreme Court for permanent solution of problems being faced by Federal Shariat Court and Legislature in respect of interpretation, discovery of repugnancy and Islamisation of laws.

Some laws would be brought before the Court which might not show any repugnancy if interpreted in one way, while another interpretation of the same law would reveal a repugnancy., It is thus the mode interpretation which would make a difference Another instance of discovery of repugnancy might be due to one of the well‑known rule of such omissions in a law which are permissible to be supplied by the Courts, A repugnancy might emerge due to such an omission or it might he reconciled by supply of the omission by the Court. Similar other well, known rules of interpretation might present difficulties in the new field both for the law‑making and the law‑enforcing agencies, including the Court. It is, therefore, suggested that for permanent solution of all such problem instead of being sorted out in each case by different forums differently' uniform legislative measures be taken. It is proposed, therefore, for all Legislative Assemblies to make appropriate law and/or provisions in this field on the following lines. This would also be in conformity with the declaration of law by the Supreme Court in Muhammad Bashir v. The State PLD 1982SC 139.

One: A clause in all the General Clauses Acts that wherever a question arises regarding the interpretation and implementation of a legislative text, it shall be resolved in accordance with Islamic law and principles and discretion shall never be guided by un‑Islamic approach ;

Two : A clause that all Courts in Pakistan, subject to Constitution, shall, when the written law is silent or contains an inadvertent mistake or similar error be bound to supply the omission or correct the mistake or the error in accordance with the Islamic Law and principles ; and,

Three : A clause that subject to Constitution the source of all legislation in Pakistan shall always be deemed to be Islamic Injunctions as provided and defined in the Constitution.

Despite legislative and constitutional backing for the Islamisation of laws through Court, the laws are to be enforced by institutions and indi vidual functionaries of the State, who might have varied motivation is this behalf. These bottlenecks existing, the process will continue to face resistance some time even intentional. Same would apply to the authori ties and functionaries who are responsible for making subordinate legislation like rules, by‑laws, etc. In order to streamline this aspect‑pf the subject it is suggested that necessary provisions be made by the Centre and the Provinces as also under their directions by the appropriate local bodies and functionaries, on the following lines :‑

(a) All State functionaries and institutions corporate or otherwise including those dealing with affairs of the Centre, the Provinces and also at the local level together with all persons and functionaries who have to draft laws, rules, by‑laws etc. are directed through mandatory measures, not to finalize any one of them without first examining whether there is an un‑Islamic provision in it; if so whether it should not be removed before enforcement ; and

(b) An entry or column in the A. C. Rs. and/or other service paper' of every State functionary including at all levels, showing‑

(i) whether the person concerned has any tendency against the tenets of Islam ;and

(ii) whether there is any outstanding feature in his conduct of character indicating Islamic way of life.

The laws and provisions suggested "above in the two preceding para graphs of this judgment may be made till 30th June, 1986.

(i) Constitution of Pakistan (1973)‑

‑‑ Arts. 203‑ D & 268(6)‑Islamisation of laws‑Repugnancy to Injunctions of Islam‑Islamisation process cannot 'be completed without involving public at large‑Steps to be taken with regard to Islamisation process suggested.

The development of an enlightened interest in Islamic System in masses of Pakistani citizens educated or otherwise including the bureaucracy and lawyers having personal and professional motivation in the foregoing steps, should not be avoided. Such enlightened interest in any venture becomes also an inherent security for its safety and continuance.

Although much enlightened interest is needed in the Islamisation process but it will not be enough unless the public at large is involved in it. Other methods apart, the resolution of personal disputes by all con cerned in field of law, needs to be thrown open in the compass of Islamic Injunctions. Present mechanism for Islamisation has its own good points. It can continue with necessary streamlining of the role of the Legislative. Bodies, the Pakistan Law Commission, the Council of Islamic Ideology, the Federal Shariat Court, Shariat Appellate Bench of the Supreme Court and the two Ministries concerned so as to avoid useless effort, overlapping and wastage of time. But this is not enough. The mass of laws should be permitted, subject to the Constitution to be modified and applied by the Courts according to Islamic Injunctions, in a phased programme. For example, few dozens of laws by the Centre and the Provinces may be thus permitted each year, with increase‑may be in geometrical progression in due course. Article 268(6) of the Constitution contains a somewhat parallel existing provision of similar type as suggested. In this gradual and progressive methodology the State functionaries, the tribunals, the Courts, the lawyers, the litigants and the public at large when protecting their rights and observing the obligations would perforce be involved in the gradual Islamisation process. It will not strain the State resources vis‑a‑vis personnel and finances‑the entire process would be gradual and all involving. These, however, are only suggestions for the State agencies and funtionaries to examine and by no means are intended to be operative under Chapter 3‑A of the Constitution. But they are by no means, intended to be ignored altogether. If any of these suggestions is, after examination, found fit for State and/or legislative action, the same may be pursued.

Shariat Appeals Nos. 4 and 5 1983

Syed Riazul Hasan Gilani, Deputy Attorney‑General, Iftikhar Hussain Chaudhry (absent) and M. Afzal Siddiqi, Advocate‑on‑Record for Appellant.

Nemo for Respondent.

Shariat Appeals Nos. 3, 4 and 5 1984

Syed Riazul Hasan Gilani, Deputy Attorney‑General and Ch. Akhrar Ali, Advocate‑on‑Record for Appellant.

Nemo for Respondent.

Maulana Latafatur Rehman : Jurisconsult.

Dates of hearing : 19th, 20th and 22nd May, 1985.

JUDGEMENT

JUSTICE MUHAMMAD AFZAL ZULLAH (CHAIRMAN).‑

As the questions of law involved in these five appeals are the same, therefore, they are being disposed of together.

All these appeals have been preferred by the Federation of Pakistan under Article 203‑F of the Constitution against judgments of the Federal Shariat Court; whereby in sun mote exercise of its jurisdiction under Article 203‑D of the Constitution, some of the provisions of certain laws specified in Schedule I hereto, were held to be repugnant to the Injunctions of Islam and, therefore, the laws were accordingly ordered to be amended.

The relevant Articles of the Constitution reads as follows : (Chapter 3‑A).

"203‑A.‑The provisions of this Chapter shall have effect notwithstanding anything contained in the Constitution.

203‑B. In this Chapter, unless there is anything repugnant in the subject or context,‑

(a) . . . . .

(6) "Court" means the Federal Shariat Court constituted in pursuance of Article 203‑C;

(c) "law" includes any custom or usage having the force of law but does not include the Constitution, Muslim Personal Law, any law relating to the procedure of any Court or Tribunal or, until the expiration of ten years from the commencement of this Chapter, any fiscal law or any law relating to the levy and collection of taxes and fees or banking or insurance practice and procedure; and...

203‑D.‑(1) The Court may, either of its own motion or on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam, as laid down in the Holy Quran and the Sunnah of the Holy Prophet (p.b.u.h.), hereinafter referred to as the Injunctions of Islam.

(1‑A) Where the Court takes up the examination of any law or provi sion of law under clause (1) and such law or provision of law appears to it to be repugnant to the Injunctions of Islam, the Court shall cause to be given to the Federal Government in the case of a law in respect to a matter in the Federal Legislative List or the Concurrent Legislative List or to the Provincial Government in the case of a law with respect to a matter not enumerated in the either of those Lists, a notice specifying the particular provisions that appear to it to be so repugnant, and afford to such Govern ment adequate opportunity to have its point of view placed before the Court.

(2) if the Court decides that any law or provision of law is repugnant to the Injunctions of Islam, it shall set out in its decision‑

(a) the reasons for its holding that opinion, and

(b) the extent to which such law or provision is so repugnant; and specify the day on which the decision shall take effect:

Provided that no such decision shall be deemed to take effect before the expiration of the period within which an appeal therefrom may be preferred to the Supreme Court or, where an appeal has been so preferred, before the disposal of such appeal.

(3) If any law or provision of law is held by the Court to be repugnant to the Injunctions of Islam,‑‑

(a) the President in the case of a law with respect to a matter in the Federal Legislative List or the Concurrent Legislative List, or the Governor in the case of a law with respect to a' matter not enumerated in either of those List, shall take steps to amend the law so as to bring such law or provision into conformity with the Injunctions of Islam; and

(b) such law or provision shall; to the extent to which it is held to be so repugnant, cease to have effect on the day on which the decision of the Court takes effect.

203‑E.‑(1) For the purposes of the performance of its functions, the Court shall have the powers of a civil Court trying a suit under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely:

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production. of, any document;

(c) receiving evidence on affidavits; and

(d) issuing commissions for the examination of witnesses or docu ments.

(2) The Court shall have power to conduct its proceedings and regulate its procedure in all respects as it deems fit.

(3) The Court shall have the power of a High Court to punish its own contempt.

(4) A party to any proceedings before the Court under clause (1) of Article 203‑D may be represented by a legal practitioner who is a Muslim and has been enrolled as an Advocate of a High Court for a period of not less than five years or as an Advocate of the Supreme Court or by a juris‑consult selected by the party from out of a panel of juris‑consults maintained by the Court for the purpose.

(5) For being eligible to have his name borne on the panel of juris‑consults referred to in clause (4), a person shall be an aalim who, in the opinion of the Court, is well‑versed in Shariat.

(6) A legal practitioner or juris‑consult representing a party before the Court shall not plead for the pasty but shall state, expound and interpret the 'Injunctions of Islam relevant to the proceedings so far as may be known to him and submit to the Court a written statement of his interpretation of such Injunctions of Islam.

(7) The Court may invite any person in Pakistan or abroad whom the Court considers to be well‑versed in Islamic law to appear before it and render such assistance as may be required of him.

(8) No court‑fee shall be payable in respect of any petition or applica tion made to the Court under Article 203‑D.

(9) The Court shall have power to review any decision given or order made by it.

203‑F.‑(1) Any party to any proceedings before the Court under Article 203‑D aggrieved by the final decision of the Court in such proceedings may, within sixty days of such decision, prefer an appeal to the Supreme Court:

Provided that an appeal on behalf of the Federation or of a Province may be preferred within six months of such decision.

(2) The provisions of clauses (2) and (3) of Article 203‑D end clauses (4) to (8) of Article 203‑E shall apply to and in relation to the Supreme Court as if reference in those provisions to Court were a reference to the Supreme Court.

(2‑A) An appeal shall lie to the Supreme Court from any judgment, final order or sentence of the Federal Shariat Court‑

(a) if the Federal Shariat Court has on appeal reversed an order of acquittal of an accused person kind sentenced him to death or imprisonment for life or imprisonment for a term exceeding four. teen years; or, on revision, has enhanced a sentence as aforesaid; or

(b) if the Federal Shariat Court has imposed any punishment on any person for contempt of the Court.

(2‑B) An appeal to the Supreme Court from a judgment, decision, order or sentence of the Federal Shariat Court in a case to which the preceding clauses do not apply shall lie only if the Supreme Court grants leave to appeal.

(3) For the purpose of the exercise of the jurisdiction conferred by this Article, there shall be constituted in the Supreme Court a Bench to be called the Shariat Appellate Bench and consisting of‑

(a) three Muslim Judges of the Supreme Court; and

(b) not more than two Ulema to be appointed by the President to attend sittings of the Bench as ad hoc members thereof from amongst the Judges of the Federal Shariat Court or from out of a panel of Ulema to be drawn up by the President in consultation with the Chief Justice.

(4) A person appointed under paragraph (b) of clause (3) shall hold office for such period as the President may determine.

(5) Reference in clauses (1) and (2) to "Supreme Court" shall be construed as a reference to the Shariat Appellate Bench.

(6) While attending sittings of the Shariat Appellate Bench, a person appointed under paragraph (b) of clause (3) shall have the same privileges. as a Judge of the Supreme Court and be paid such allowances as the President may determine.

203‑G.‑Save as provided in Article 203‑F, no Court or tribunal, including the Supreme Court and a High Court, shall entertain any proceedings or exercise any power or jurisdiction in respect of any matter within the power or jurisdiction of the Court.

203‑GG.‑Subject to Articles 203‑D and 203‑F, any decision of the Court in the exercise of its jurisdiction under this Chapter shall be binding on a High Court and on all Courts subordinate to a High Court."

The importance and consequences of a decision rendered by the Court under Article 2G3‑D can well be measured from the fact that the Federal and Provincial Legislatures are bound to make, repeal or amend a law a a result and in pursuance of such decision [Article 203‑D (3)(a)].

And it is to be done within the period to be specified by the Court [Article 203‑D(2)]. Not only this, and notwithstanding whether the Legislature is able to do this or not in such period, the law or the provision of law so declared as repugnant to the Injunctions of Islam shall cease to have effect to the extent of the declared repugnancy from the day specified by the Court. [Article 203‑D(3)(b)].

The effect rather impact of what is stated above can be visualised fro the fact that this special jurisdiction of the Court is notwithstanding anything contained in the Constitution (Article 203‑A) and further that no other Court not even the Supreme Court, except when acting in specified Bench thereof, (Article 203‑F) in a special appellate jurisdiction, (Article 203‑G) bas such power and jurisdiction. And vis‑a‑vis the High Courts, it has been declared the subject to Articles 203‑D and 203‑F the decision of the Court in this special jurisdiction shall be binding on them a well as on all the Courts which are subordinate to them (Article 203‑G4). As to the procedural matters, amongst others, apart froth power to ac [suo motu (Article 203‑D(1)], suffice it to observe that the Court has bee conferred widest‑possible powers to exercise this jurisdiction as effective as possible. To mention only one facet thereof, it has been empowered to invite "any person" in Pakistan or abroad who is considered to be well versed in Islamic law, to appear before it and render assistance as may b required of him. [Article 203‑E(7)].

As would appear from the comparative chart included in the Schedule I to this judgment, the Federal Shariat Court has not while annulling some provisions of certain laws made any reference to the Injunctions of Islam as contained in the Holy Qur'an and Sunnah and while expounding the law, has instead, by and large (except once) relied upon notions for which no nexus with Islamic Injunctions as defined in the Constitution (Article 203‑D) has been shown. The column in the chart regarding references to the Qur'an and Sunnah is, it is to be noticed, blank through out.

It is with the foregoing realisation and realities we have seen in these appeals that the functions jurisdiction and powers of the Federal Shariat Court have to be viewed with all solemnity in all essentials thereof. And remedial measures with direct bearing and' indirect orientation, are to be suggested to cape with the stupendous task, the Court is to face and perform in the not too distant future.

The most important part of the special jurisdiction is, after due examination, whether any law (except those excluded for the time being under Article 203‑B(c), is repugnant to the Injunctions of Islam. The scope of the expression "Injunctions of Islam", it needs to be re‑emphasised in particular, has not been left to the discretion of the Court or notions of an individual. It has been clearly spelt out as only those Injunctions which have been "laid down" in the Holy Qur'an and the Sunnah of the Holy Prophet (s. a. w. s.).

We do realise that while discovering the "Injunctions" for a particular subject or situation from the Holy Qur'an and the Sunnah the Court has not only the power but also the duty to state them. And while doing so (not without it), the Court may also keeping in view the well‑known rules of interpretation in the Islamic Jurisprudence, expound and interpret them. An indirect important support for such a methodical approach f stating expounding and interpreting the Injunctions of Islam can I found from Article 203‑E (6) ; which enjoins upon even the legal practitioners and juris‑consults to do so when assisting the Court.

When stating the Injunctions of Islam a reference to the Holy Qur'an and Sunnah would be essential. Without it no statement will be complete.

And regarding interpretation, although it might be possible to rely on those verses which portray the Holy Qur'an and the Sunnah as organic entity capable of meeting the growing needs of all times to come like a growing expanding tree, it would not be permissible to exercise such free imagination to the extent that the nexus with the two holy sources is lost.

For the proposition that the Holy Qur'an is capable of meeting these need like growing branches of a tree see the following:

S. 3, V. 7 ; S. 11, V. 7 ; S. 13, V. 38‑40 ; S. 14, V. 24‑27, 52 ; S. 25. V. 30 ; S. 29, V. 49 ; S. 38, V. 87‑88 ; S. 39, V. 23 ; S. 41, V. 53 and S. 54, V. 17.

For their full text in English see Schedule II to this judgment, o course, with the 1elp of the well‑known Commentaries. old and new.

It is agreed that remaining consistent with the ethos and spirit (Khamir and Zamir) of Islam the Court may properly spell out and meet the new needs and when they emerge from time to time and for the time being. E But any change, direct or indirect, in the "Injunctions of Islam" is simply impermissible. If this rule is relaxed there might emerge danger to the two very important pillars of Islam‑One, that the Holy Quran is itself the source organic law for all times to come ; and Two, that the Sunnah of the Holy Prophet (s. a. w. s.) is similarly the source o perpetual guidance ; because of the principle that he is the superior most of all and everything created by Allah besides being Rehmat‑ul‑Alamin ; as also, the last of the Prophets, in all possible facets of the expression. Thus. it makes the specification of the Injunctions of Islam an important function of the Court in the performance of its duties under Chapter 3‑A of the Constitution.

We do feel that while expounding the Injunctions of Islam a possibility of some marginal so‑called divergencies might be visualised. It is a very difficult and perilous exercise. It can lead to proper and improper consequences. Be that as it may, no such expounding of the Injunctions of Islam will be permissible which does not pay attention to the statement of the text of the Holy Qur'an and Sunnah and to its interpretation together with its Kbdmir and Zamir. Within this framework while "expounding" the Injunctions the Court will remain under a duty in case of need during a new approach or to meet a new situation to keep in view the following essentials, of course, amongst others :‑

(i) Whether instead of attempting a relaxation of an Islamic rule the relaxation may not be made in the required need for which the relaxation is intended to be made. A very simple exercise preliminary though, will be of great advantage‑to ask oneself : Cannot the society exist or progress without the relaxation and where the answer is negative to ask the further question : cannot it be don with a temporary and mildest one

(ii) It is often said that modernism (even when used in good sense of : achievement, progress and high attainment for the Ummah), Ijtihad is essential. There can be no cavil with the proposition, but before doing the same within accepted spheres and under well‑recognized rules it should also be asked : whether the same objects cannot be achieved without doing it ; and, whether purpose would not be served by doing the similar Ijtihad or making a deviation in the demands of modernism ; in other words, cannot the society change to word Islam

(iii) Whether a relaxation is approvable on the accepted rules and principles of Ijtihad and Ijmah, old or new ; Zaroorat or Zarar ; Tawil or Takhsis ; Urf and other recognized methods like Qiyas, Ihsan, Istehsan, Masalah, Mursalah etc.

(i) Whether in a case a new principle like the foregoing, is visualised there is support for the same in the Holy Qur'an and the Sunnah

(v) Whether there has been a need similar to the one in issue earlier-- if so, whether attempts were made by those who were qualified t do the exercise and with what result ; the same would apply to attempts made in all other lands

(vi) Whether there are precedents for guidance in the well‑known authentic works‑if so, what are the reasons for not following them. It is pertinent to note here that the Pakistani Courts when inter preting and applying laws do follow the precedents if they are by law, binding. And even when not so binding, help is always sought from good precedents. Not only this but also it is well‑known, the judgments and opinions of foreign judges and jurists are accepted as legitimate guide or support for resolution of controversies. If that is treated as permissible, (rather indispensible by some at least for the time being) there should be no hesitation in examining the judgments and precedents from our own masters including Sahaba, Aimma and Ulema, old and new.

(vii) When examining, views and opinions of the old, special place is to be given to the Kbulafa‑e‑Rashideen and the Companions and Tabaeens in accordance with the Holy Qur'an and Sunnah. It is high time, we reduce the dangers of sectarianism and make masterly combination of both (old and new) with gradual elimination of uncalled for criticism and Taboos against the so‑called Taqleed and so‑called Tajdid, when looking for and following the precedents.

(viii) It would also be necessary when rendering an answer for a new situation to see whether the interests of Islam and Muslim Umma are advanced in Islamic way. The collective conscience of the Islamic Ummah, past and 'present, is also to be kept in view in making the answer.

(ix) Whether after doing the necessary exercise and after going through the above stages and others which might be spelt out later, the question when asked from the spiritual and mental faculties of oneself through Nafs Baseera, Nafs Lawwamah and Nafs Mutma Inna and not the Nafs Ammarah the answer comes in the clear affirmative for the intended attempt or step. (See Foot‑notes Nos. 5810 and 5819 of Text Translation and Commentary on The Holy Qur'an by Abdullah Yusuf Ali (Vols. II, III). If not, it must be given upon. If it is in doubt even then it must be given up. In other words, it must be beyond all doubts of reason, intellect and spirit.

(x) In unoccupied field, the precedent of Hzr. Moaz Bin Jabbal (r.) should be applied with full consciousness of its limitations which can in the present day context, be spelt out from the foregoing points.

Before closing this aspect it is pertinent rather essential to highlight a fallacy. It is still being debated though without justification as to what place is to be assigned to the Sunnah of the Holy Prophet (s. a. w. s.). One straight answer is that it deserves the very place given to it by Allah, the Almighty in the Holy Qur'an. There are hundreds of verses of this Ultimate Law, as proof positive thereof. In this behalf Schedule III to this judgment may be referred by ignoring the overlapping. The Lists are by no means exhaustive. More would be discoverable in due course of time. To this must be added the Sun nab itself which in obedience to the Qur'anic Injunctions lays down further rules for guidance. In this behalf Schedule IV to this judgment contains list of some of the highly relevant Sunnah but by no means it is intended to be exhaustive. These collections include references regarding the worthy Companions and Tabaeens also.

In addition to the foregoing guidance from the Holy Qur'an, and Sunnah itself, regarding the importance of the Sunnah in our constitutional and legal system, the main provision of the Constitution itself which confers special jurisdiction on the Federal Shariat Court (Article 203‑D), has made it mandatory to discover the Injunctions of Islam, both from the Holy Qur'an and the Sunnah of the Holy Prophet (s. a w. s.). It is not permissible for the Court to ignore or attempt to ignore the Sunnah.

Although, it is impossible for a limited compass of the present judgment to give details of the Injunctions of the Holy Qur'aq and the Sunnah which would be capable of enforcement as legal gins but the selected sub‑headings may be seen in the "Index‑cum‑Concordance" for the Holy Qur'an, prepared by "The Holy Qur'an Society of Pakistan" p Pages 390‑440 and 441‑47'7 respectively under headings "Commandments (Awamir) " and "Prohibitions (Nawahi)" reproduced in Schedule No. V to this judgment. They are by no means exhaustive. Other headings in the same Book can be explored and to all of them will have to be added the Sunnah in the comparative fields vis‑a‑vis the main two headings of Commandments and Prohibitions as well as the other heads and sub‑headings A convenient exercise would be to take out a subject from the Holy Qur'an and then to see its complimentary subjects in the Sunnah from the accepted and well‑known sources.

The next question is whether the Federal Shariat Court has satisfied the requirements of the Constitution in disposing of these cases. Although as already discussed in detail, briefly stated again, the exercise by the Court will be as follows:--

(a) Specify the law or its particular provision which needs to be examined ;

(b) Discover the Qur'anic and/or Sunnah Injunctions which can be attracted to the subject‑matter of the law and state and specify the text ;

(c) Where a direct text is not in conflict, but the same arises from the deductions and principles therefrom, to state so and clarify the same in the manner discussed in the preceding parts of this judgment ;

(d) After due comparison, to state the exact extent of repugnancy, if there is any of course, after expounding and interpreting the Injunctions ;

(e) While spelling out the repugnancy the reasons therefor would in a normal case, become evident but nevertheless they are also to be specified, and

(f) When making the declaration about the repugnancy and its extent, the date on which the decision of the Court would become effective, shall be stated. [Article 203‑D (2) (b)].

When fixing the date sufficient margin will have to be allowed to the Government and the Legislature concerned to toke steps and then to make the law in accordance with the Injunctions of Islam [Article‑ 203‑D(3) (a)] because if, due to paucity of time it is not done, there being no scope for condonation of delay ex post facto, the impugned law shall in any event. become ineffective [Article 203‑D (3) (b)J. The ensuing consequences can be well imagined including those of hardship to the public.

A question has often arisen‑whether it is also the duty of the Court to spell out the provisions of the new law which would be made. The answer in an ordinary routine case of repugnancy is simple‑the negative: as there is no such requirement in any of the relevant provisions. But it might be possible for the functionaries and agencies concerned to take guidance from the discussion and the reasons given in the judgment which as noted above, is 'mandatory for the Court to give, when making the declaration of repugnancy. And in some cases as it is not prohibited, the Court might give suggestions so as to avoid duplication and repetition of proceedings.

However, it is pertinent to note that while it would be permissible under Article 203‑D (3)(a), to seek guidance from the judgment of the Court, as to how the new law is to be made; yet, it has been left absolutely free and open for the agencies concerned to make the new. law in a manner which according to their judgment will be "in conformity with the Injunctions of Islam". In that eventuality it would be of advantage for them to keep in view all the principles which are essential for the Court. to avoid the possibility of repugnancy again. Because the law can again be brought before the Court for similar scrutiny.

As the new law will again be subject to the scrutiny and jurisdiction of the Court as and when re‑examines, regarding possible repugnancy, it would not only be proper but also desirable for rendering assistance to the Court, that the law or the provision of law, as the case may be invariably should contain its aims and objects, in the formal notification of law. It shall clarify as to how the law has been made consistent with the Injunctions of Islam in its re‑enactment. In particular, if a relaxation thought to be permissible and necessary under any of the recognized models like Ijtihad, Ijmab, Zarar, Zaroorat, Urf‑i‑Am, Qiyas and or others already noted in this judgment, the same and the facts supporting the same shall also be stated in the notification. It needs to be emphasised that when doing such an exercise all the circumstances which might have been spelt out earlier. by the Court, or could be spelt out in future, and/or otherwise known, shall have to be kept in view. Without the same the Court might not be able to fully judge the intention and object of the Legislature, which in respect of laws to be made in this field, would be highly essential. The Court will have the power rather duty to give due weight: to the intention of the Legislature. It would thus if the mattet is again brought before it for scrutiny or it does the scrutiny sun motu. examine critically the proceedings, records: and specified aims and objects and facts and circumstances noted by the Legislature to discover the intention.

The old laws which were made during the time when the legislative forums were not required to keep in view the Injunctions of Islam, might create difficulty for the Court, when they are being tested on the touch stone of repugnancy to the Injuctions of Islam. If their pith and substance is not in accord with the Islamic Injunctions they, might have to be overhauled. The patch work of stray corrections, instead of making the task of Legislature and the Court easy, might make it difficult. As the Federal Shariat Court has been conferred the power to exercise the jurisdiction also sun mote, therefore, in such like matters is addition to the specified provisions in a Shariat Petition, other provisions or the whole law and the connected laws might be examined. It is not only permissible but would be salutary.

When the law is of the type mentioned above the Court might, while keeping to view the peculiarities of each such law, leave a comparatively larger scope for the Legislature to make the law in accordance with the Injunctions of Islam as discovered and understood by them. it has to be so because of a basic principle involved ; namely, that under the present constitutional disposition it is not only the duty of the Federal Shariat Court but also of "the State" under the general provisions of the Cons titution, to enact new laws in accordance with the Injunctions of Islam and bring the existing laws also in accord therewith. In addition, the Governments‑Central and Provincial as also the respective Legislatures have been bound by a specific duty to do so, in pursuance of the declarations of the Court under Chapter 3‑A of the Constitution [Article 203‑D (3) (a)]. Thus, under the Constitution in particular it is three‑fold joint effort and function of the three main limbs of the State to bring into operation the Injunctions of Islam, in harmony with each other‑though the duty of the Court is to do the necessary scrutiny after every exercise by the Government and the Legislature, if need be.

In an earlier part of this judgment reference was made to the duty of the Court to interpret the Injunctions of Islam, besides their being stated and expounded. Some laws would be brought before the Court which might not show any repugnancy if interpreted in one way, while another interpretation of the same law would reveal a repugnancy. It is thus the mode of interpretation which would make a difference. Another instance of discovery of repugnancy might be due to one of the well‑known rule of such omissions in a law which are permissible to be supplied by the Courts. A repugnancy might emerge due to such an omission or it might be reconciled by supply of the omission by the Court. Similar other well‑known rules of interpretation might present difficulties in the new field both for the law shaking and the law enforcing agencies, including the Court. It is, therefore, suggested that for permanent solution of all such problems, instead of being sorted out to each case by different forums differently, uniform Legislative measures be taken. It is proposed, therefore, for all Legislative Assemblies to mare appropriate law and/or provisions in this field on the following lines: It may be mentioned her that this would also be in conformity with the declaration of law by the Supreme Court in Muhammad Bashir v. The State (PLD 1982 SC 139)

One : A clause in all the General Clauses Acts that wherever a question arises regarding the interpretation and implementation of a Legislative text, it shall be resolved in accordance with Islamic lam and principles and discretion shall never be guided by un‑Islamic approach ;

Two : A clause that all Courts in Pakistan, subject to Constitution, shall, when the written law is silent or contains an inadvertent mistake or similar error be bound to supply the omission or correct the mistake or the error in accordance with the Islamic Law and principles ; and

Three : A clause that subject to Constitution the source of all Legislation in Pakistan shall always be deemed to be Islamic Injunctions as provided and defined in the Constitution.

Despite legislative and constitutional backing for the Islamisation of laws through Court, the laws are to be enforced by institutions and individual functionaries of the State, who might have vat led motivation in this behalf. These bottlenecks existing, the process hill continue to face resistance some times even intentional. Same would apply to the authorities and functionaries who arc responsible for making subordinate legislation like rules, by‑laws, etc. In order to streamline this aspect o the subject it is suggested that necessary provisions be made by the Centre and the Provinces as also under their directions by the appropriate local bodies and functionaries, on the following lines :‑

(a) All State functionaries and institutions corporate or otherwise including those dealing with affairs of the Centre, the Provinces an also at the local level together with all persons and functionaries who have to draft laws, rules, by‑laws etc., are directed through mandatory measures, not to finalise any one of them without firs examining whether there is an un‑Islamic provision in it, if s whether it should not be removed before enforcement ; and

(b) an entry or column in the A. C. Rs. and/or other service papers of every State functionary including at all levels, showing‑

(i) whether the person concerned has any tendency against the tenet of Islam ; and

(ii) whether there is any outstanding feature in his conduct o character indicating Islamic way of life.

The laws and provisions suggested above in the two preceding paragraphs of this judgment may be made till 30th June, 1986,

Before closing this judgment it needs. to be remarked that the development of an enlightened interest in Islamic System in masses of Pakistani citizens educated or otherwise, including the bureaucracy and lawyers having personal and professional motivation tit the foregoing steps, should not be avoided. Such enlightened interest in any venture becomes also an inherent security for its safety and continuance.

Although as visualised in the foregoing paragraph much enlightened interest is needed in the Islamisation process but it will not be enough unless the public at large is involved in it. Other methods apart, the resolution of personal disputes by all concerned in field of law, needs to be thrown open in 'the compass of Islamic Injunctions. Present mechanism for Islamization has its own good points. It can continue wit necessary streamlining of the role of the Legislative Bodies, the Pakistan Law Commission, the Council of Islamic Ideology, the Federal Shariat Court, Shariat Appellate Bench of the Supreme Court and the two Ministries concerned so as to avoid useless effort. overlapping and wastage of time. But this is not enough. The mass of laws should be permitted, subject to the constitution to be modified and applied by the Court according to Islamic Injunctions, in a phased programme. For example, few dozens of laws by the Centre and the Provinces may be thus permitted each year, with increase may be in geometrical progression in due course. Article 268 (6) of the Constitution contains a somewhat parallel existing provision of similar type as suggested. In this gradual and progressive methodology the State functionaries, the tribunals, the Courts, the lawyers, the litigants and the public at large when protecting their rights and observing the obligations would purfortx be involved in the gradual Islamisation process. It will not strain the State resources vis- -vis personnel and finances‑the entire process would be gradual and all involving. These, however, are only suggestions for the State agencies and functionaries to examine and by no means are intended to be , operative under Chapter 3‑A of the Constitution. But they are by no means, intend to be ignored altogether. If any of these suggestions is, after examination, found fit for State and/or legislative action, the same may be pursued.

In the light of the foregoing, on account of the omission by the Federal Shariat Court to give reasons by making references to the Holy Qur'an and Sunnah and their principles as discussed earlier, together with the directions for the enactment of certain laws, as also with the observa tions in the above paragraphs, these appeals are allowed ; and, the cases are remanded to the Federal Shariat Court for fresh decisions in accordance with the law.

M.B.A. Appeals allowed.

Schedule-I

P.1-6

S.As. Nos. 4‑5 of 1983

S.As. Nos. 3-5 of 1984

CONSOLIDATED REFERENCE CHART ABOUT THE IMPUGNED JUDGMENTS GIVING DETAILS OF LAWS (OR PROVISIONS THEREOF) WHICH WERE DECIDED BY THE FEDERAL SHARIAT COURT OF PAKISTAN TO BE REPUGNANT TO HE INJUCTIONS OF ISLAM

Sr. No	Laws	Provisions	Reasons given by the Federal Shariat Court for repugnancy to the injunctions of Islam	Order suggesting change	Reference to the Holy Qura n and Sunnah
1	2	3	4	5	6
1	Shariat Appeal N.4 of 1983 The Capital Develop ment Authority Ordi nance (XXIII of 1960)	According to section 2 (K) the word 'Market value' means:‑ (i) In relation to land acq uired before the 1st, day of January, 1968, the aver age market value thereof prevailing during the period commencing the 1st day of January, 1954 and ending on the 31st day of December, 1958; and (ii) in relation to land acquired on or after the 1st day of January, 1968,	Found it to be extremely arbitrary for the reason that the market value should have relation to the value prevailing at the time of acquisition and not any notional value fixed in rela tion to the time whenever question of acquisition did not arise.	The section 2 (K) ordered to be omitted and after the words 'mar ket value of the land' in section 30 (1) of this Ordinance, the words 'as on the date of order under section 25' be added.
2	2. Shariat Appeal No. 5 of 1983 (i) The Members of the National Assembly (Exemption from Pre ventive Detention and Personal Appearance Ordinance (IX of 1963).	The aggregate of the average market value as aforesaid determined with reference to its classification recorded in the register of Haqdaran Zamin as in force on that day and 25% of such value. This clause as such defines 'market value' as something which has no relation to the market value on the date of acquisition. Section 3 provides against the detention of any Member of National Assem bly or his compulsory appearance in any Civil or Revenue Court, or before any Election Tribunal, during a session and for a period of fourteen days before and fourteen days after the sessions and during this period no Civil or Revenue Court and no Election Tribunal seized of any matter in which a Member is a party can pro ceed with that matter un less the privilege conferred by section 3 is waived by application made for that purpose.	It prima facie appears that the members of the National Assembly have been treated in the interest of their business to be a ,privileged class. An embargo on their detention may be necessary in the interest of the Legis lative business so that the Government may be res trained regarding his parti cipation in the proceedings of the Assembly. However, the provision in respect of the proceedings before the Civil or Revenue Court are not salutary. They would interfere with the business of Court and‑ a case in which a Member of the National Assembly is a	Section 4 of the Ordinance; therefore, shall be omitted.
		With effect from 8‑2‑1975 by Act XVII of 1975 sub section (2) of section 3 was substituted by a provision which allowed detention in some cases. It reads as follows: ‑ Nothing in subsection (1) shall be construed as applying to any member who is detained under any such law as is referred to in subsection (1). (a) at any time during the period commencing on the fifteenth day next after the conclusion of a session; and ending on the fifteenth day before the commencement of the next session; or (b) for reasons of state connected with defence, external affairs, or the security of Pakistan or any part thereof." The bar in relation to pro ceedings of Election Tribunal was omitted from section 4 by Act XXI of 1977 with effect from 18‑3‑1977. Only the provision relating to stay of proceedings in a Civil or Revenue Court remained.	party is hardly likely to be decided during the tenure of his membership, if he so likes. Great stress is laid in the Holy Qura'n and the Sunnah of the Holy Prophet on the administration of justice in every sphere of life including the Courts of justice. There are Ahadith in respect of Adab ul Qazi (Court's procedure) which restrain unequal treatment being meted out to either party. The grant of pri vilege to one person of vetoing early decision of a matter and of delaying the proceedings in Court which may in some cases be deterimental to interest of the other party is not warranted in Sharia. It may also amount to denial of justice on the ground that justice delayed is justice denied. Even delay and inequality may sometimes be permitted if it advances the national cause and better serves the interest of the people as a whole but not be called upon to appear in person
	(ii) The Defence Ser vice (Inquiry) (Spe cial Provisions) Ordi nance (XIX of 1969). (iii) The Federal Emp loyees Benevolent Fund‑and Group Insu rance Act (II of 1969).	Section 4 provides for a universal procedure for inquiry into the conduct of a member of the defence service, serving otherwise than in an organization or unit of his service. With reference to sections 12 and 13 of the Act, the word 'family' defined in section 2(5) is as follows:‑ (a) In the case of a male employee, the wife or wives, and in the case of a female employee, the	in a Court of law during the session or when he is preparing for or disposing of the work transacted in that session. This object can be achieved by afford ing him protection against appearance in Court during the same period. Protection may, therefore, be given from personal appearance before the Civil or Revenue Court so that if his evidence be required it can be recorded on commission without causing any ‑‑interruption in the Court proceedings. Thereafter the only order that can be passed is that the person proceeded against shall be dealt with in the manner authorised by the service law ‑ Found not to be repugnant to Sharia. The definition cannot be sustained in Sharia since the Benevolent Fund is the right of the deceased which in case of his death accrues and must accrue to his heirs. According to Sharia an heir cannot be dis entitled of his inheritance.	Provision for appeal against action under section 4 of Ordi nance suggested to be provided. Amendment suggested accordingly. it shall be clarified that the word 'family' in case of Muslims will. mean and include the
	3. Shariat Appeal No. 3 of 1984 The Passports Act (XX of 1974). 4 Shariat Appeal No. 4 of 1984 (i) The President's Salary, Allowances and Privileges Act (LVIII of 1975). (ii) The Prime Minis ter's Salary, Allow ances and Privileges Act (LIX of 1975).	Husband of the employee; and (b) the legitimate children, parents, minor brothers, unmarried, divorced or widowed sisters of the employee residing with and wholly dependent upon him. Section 8 authorizes the Federal Government to cancel, impound or confiscate a passport after giving notice in writing calling upon the holder thereof to show cause against notice. Proviso to subsection (2) of section 8 however, says that no such notice be given under it. if the order of impounding a passport is for a period not exceeding four months. The relevant provisions under these Acts being section 11 of the first two Acts, section 20 of the Act relating to Federal Minis ters and Ministers of the State and section 16 of the last two Acts provide that if these persons receive any injury as a result of travel by air, on official duty,	Proviso in section 8(2) regarding four months period gives a handle to the Officers of the Federal Government to make arbitrary order for a period of four months and thus to cause sometime, irrepar able damage or loss to the passport holder. Being ultra vires the provisions of Sharia in respect of the inheritance.	Personal Law heirs of the emp loyee. The proviso thus ordered to be repealed. Ordered accord ingly. They shall be amended as to provide for payment of com pensation in case of death to the heirs of the deceased only, but if for the sake of conve‑
	(iii) The Federal Ministers and Minis ters of State (Salar ies, Allowances and Privileges) Act (LXII of 1975). (iv) The Chairman and Speaker (Salaries, Allowances and Pri vileges) Act (LXXXII of 1975). (v) The Deputy Chairman and Deputy Speakers (Salaries, Allowances and Pri vileges) Act (LXXXIII of 1975). 5. Shariat Appeal No. 5 of 1984 The Transfer of Evacuee Land (Katchi Abadi) Act (XIII of 1972).	they shall be paid compen sation fixed by the sections by the Government. In the case of injury, the compensation shall be paid to these persons but in case of death it shall be paid to the persons nomina ted and in the absence of such nomination to his heirs. Section 4(1) of this Act provides that all allotments and transfers of evacuee land in any Katchi Abadi shall stand cancelled as from the appointed day, and k the allottees or transferors of such land shall be paid such compen sation therefor, as may be determined by Government.	In view of the Federal Shariat Court judgment reported as Hafiz Muhammad Amin v. The Government of Pakistan PLD 1981 FSC 23 relating to MLR 115, the compensation was ordered to be paid according to the market value of the land as prevailing on the date of acquisition.	nience it is con sidered essen tial that the nominee should be paid, it should be further added that he shall be paid, as the agent of all the heirs and he shall disburse the amount bet ween them and such payment shall be made to him on furnish ing security for disbursement. The section was directed to be amended so as to repeal the wide powers given to the Government and to make it to pay market value as prevailing on the date of enforcement of the. law viz., 17 ‑9‑1972

Selected verses showing the Islamic Injunctions to be of universal application regardless of time and space. (translation and commentary by Abdullah Yoosaf Ali)

S. III, V. 7:

He it is Who has sent down to thee the Book : In it are verses basic or fundamental (of established meaning) ; They are the foundation (347) of the Book : others are allegorical. But those in whose hearts is perversity follow the part thereof that is allegorical, seeking discord, and searching for its hidden meanings, but no one knows its hidden meaning except Allah. And those who are firmly grounded. (348)

In knowledge say : "We believe in the Book ; the whole of it is from our Lord:" and none will grasp the Message except men of understanding.

347. This passage gives us an important clue to the interpretation of the Holy Qur'an. Broadly speaking, it ' may be divided into two portions, not given separately, but intermingled, viz., (1) the nucleus or foundation of the Book, literally "the mother of the Book", and (2) the part which is figurative, metaphorical or alle gorical. It is very fascinating to take up the latter, and exercise our ingenuity about its inner meaning, but it refers to such profound spiritual matters that human language is inadequate to it, and though people of wisdom may get some light from it, no one should be dogmatic, as the final meaning is known to God alone. The Commentators usually understand the* verses "of established mea ning' (muhkam) to refer to the categorical orders of the Shari'at (or the Law), which are plain to everyone's understanding. But perhaps the meaning is wider: the "mother of the Book" must include the very foundation on which all Law rests, the essence of God's Message as distinguished from the various illustrative parables, allegories, and ordinances.

If we refer to XI.1 and XXXIX.23, we, Shall End that in a sense the whole of the Qur'an has both "established meaning" and allegori cal meaning. The division is root between the verses, but between the meaning to be attached to theta. Each verse is but a Sign or Symbol: what it represents is something immediately applicable, and something eternal and independent of time and space, the "Forms of Ideas" in Plato's Philosophy. The wise man will understand that there is an "essence" and an illustrative clothing given to the essence, throughout the Book. We must try to under stand it as best we can, but not waste our energies in disputing about matters beyond our depth.

348. One reading, rejected by the majority of Commentators, but accepted by Mujahid and others, would not make a break at the point here marked, Waqfa Lazim, but would run the two sentences together. In that case the construction would run : "No one knows its hidden meanings except Allah and those who are firm in know ledge. They say." etc.

S. XI, V. 7

He, it is Who created the heavens and the earth in six days (1501) and His Throne was over the Waters (1502) that He might try you, which of you is best in conduct. But if thou wert to say to them, "Ye shall indeed be raised up after death , the Unbelievers would be sure to say (1504) This is nothing but obvious sprcery

1501 See n. 1031 to VII. 54

1031. A sublime verse, comparable to the Throne Verse; 11.255. The Creation in six Days is of course metaphorical. In XIV.14, the "Days of God" refer not so much to time as to the growth in us of a spiritual sense, a sense of sin and a sense of God's Mercy. In XXII.47. we are told that a Day in the sight of God is like a thousand years of our reckoning, and in LXX.4, the comparison is with 50,000 of our years. In the history of our material earth, we may reckon six great epochs of evolution. The significance of the figure six will be discussed in connec tion with XLI.9‑12, where the matter is referred to in more detail.

1502. It is scientifically correct to say that all life was evolved out of the waters, and this statement also occurs in the Qur'an, XXI 30 The Throne of God's authority is metaphorically expressed as over the waters, i. e., as regulating all life. Some such mystic meaning, I think, also attaches to the Gen., 1.2. The past tense "was" refers to the time before life developed in solid forms, on land and in air.

1503. The Creation we see around us is not idle sport or play (in Hindi, Lila) or whim on the part of God. It is medium through which our spiritual life is to develop, with such free‑will as we have. This life is our testing time.

1504. The Unbelievers, who do not believe in a Future life, think all talk of it is like a sorcerer's talk, empty of reality. But in this they show their ignorance, and they are begging the question.

S. XII, V. 38‑40

38. We did send apostles before thee, and appointed for them wives and children : (1861) And it was never the part of an apostle to bring a Sign except as Allah permitted (1862) (or commanded). For each period is a Book (revealed). (1863)

39. Allah doth blot out or confirm what He pleaseth : With Him is the Mother of the Book. (1864)

40. Whether We shall show thee (within thy lifetime) part of what we promised them or take to ourselves thy soul Before it is all accomp lished) Thy duty is to make (the Message) reach them : It is Our pact to call them to account.

1861. All the apostles of whom we have any detailed knowledge, except one, had wives and children. The exception is Jesus the son of Mary. But his life was incomplete ; his ministry barely lasted three years ; his mission was limited ; and he was not called upon to deal with the many‑sided problems that arise in a highly organised society or State. We pay equal respect to him, because be was God's Messenger ; but that is not to say that his Message covers the same universal ground as that of Mustafa. There is no reapproach for a normal human being if he lives a normal human life ; there is glory if he beautifies and sets a nobler example of virtue than other men, as did Mustafa.

1862. No apostle performed any Miracle or showed forth any "Signs", except as God willed. God's will (Mashiyat) is an all‑wise, universal Plan, which is not formed for the benefit of one tribe or millat or of one age or country (see also next verse). The greatest Miracle in history was and is the Qur'an. We can apprehend its beauty and grandeur today as much as did the people of Mustafa's day, even more, as our collective knowledge of nature and of God's creation has increased.

1863. Kitab : 1 have translated "a Book (revealed)" ; but it can also mean "a Law decreed" or "a Decree established". Ultimately the meaning is the same ; for each age, according to God's wisdom, His Message is renewed.

1864. Umm‑ul‑Kitab : Mother of the Book : the original founda tion of all revelation ; the Essence of God's Will and Law. Cf. 111.7, and n. 347.

S. XIV 24‑27 and 52 :

24. Seest thou not how Allah sets forth a Parable A goodly Word (1900) like a goodly tree, whose root is firmly fixed, and its branches (reach) to the heavens.

25. It brings forth its fruit (1901) at all times, by the leave of its Lord. So Allah sets forth parables for men, in order that they may receive admonition.

26. And the parable of an evil Word is that of an evil tree. It is torn up by the root, from the surface of the earth : It has no stability. (1902)

27. Allah will establish in strength those who believe, with the Word that stands firm, in the world and in the Hereafter: but Allah will leave. to stray, those who do wrong: Allah doeth what He willeth. (1903)

52. There is a Message for mankind : let them take warning there from, and let them know that He is (no other than) One Allah (1931) : Let men of understanding take heed.

1900. "Goodly word" is usually interpreted as the Divine Word, the Divine Message, the True Religion. It may also be interpreted in a more general sense as a word of truth, a word of goodness or kindness, which follows from a true appreciation of Religion. For Religion in cludes our duty to God and our duty to man. The "evil word" is opposite to this : false religion, blasphemy, false speech, or preaching or teaching unkindness and wrongdoing. The Word, in mystic language, is the root of the Deed, and is identified with the Deed.

1901. The goodly tree is known for : (1) its beauty : it gives pleasure to all who see it ; (2) its stability : it remains firm and unshaken in storms, because its roots are firmly fixed in the earth ; (3) its wide compass : its branches reach high, and it catches all sunshine from heaven, and gives shade to countless birds in its branches and men and animals beneath it ; and (4) its abundant fruit. which it yields at all times. So, is the Good Word. It is as beautiful as it is true. It abides in all the changes and chances of this life, and even beyond (see Verse 27 below) ; it is never shaken by sorrow or what seems to us calamity ; its roots are deep down in the bedrock facts of life. Its reach is universal, above, around. below : it is illuminated by the divine light from heaven, and its consola tion reaches countless beings of all grades of life. Its fruit ‑the enjoyment of its blessing‑is not confined to one season or one set of circumstances ; furthermore, the fortunate man who is the vehicle of that word has no self‑pride ; he attributes all its goodness, and his act in spreading it, to the Will and Leave of God. Cf. the New Testament Parable. of the Sower (Matt., IV 14‑20) or of the Mustard seed (Matt., IV 30‑32). In this Parable of the Qur'an there are fewer words and more spiritual meaning, and the emphasis is on more essential things.

1902. The evil tree is the opposite of the goodly tree. The paral lelism of contrast can be followed out in all the details of the last note.

1903. His Will and Plan may be above comprehension, but will prevail over all things. It is not like the will of man, who may plan good things but is not necessarily able to carry them out.

1931. Here is another aspect of the Truth of Unity. God being One, all justice is of one standard, for Truth is one, and we see it as one as soon as the scales of phenomenal diversity fall from eyes. The one true Reality then emerges. Blessed are those who treasured this Truth in their souls already in their life of probation.

S. XXV, V.30

Then the Apostle will say : "O my Lord truly My. people took this Qur'an for just foolish nonsense." (3086)

3086. "My people" are of course the unbelieving Quraish. But they were only a handful of people whose vested interests were touched by the beneficent reforms initiated by Islam. They soon passed away, and all Arabic‑speaking or Arabic‑understanding people have considered the Qur'an as a treasury of Truths expressed in the most beautiful possible language, with a meaning that grows deeper with research.

S. XXIX, V.49

Nay, here are Signs self‑evident in the hearts of those endowed with knowledge : (3479)

And none but the unjust reject Our Signs. (3480)

3479. "knowledge" ('ilm) means both power of judgment in dis cerning the value of truth and acquaintance with previous revelations. It implies both literary and spiritual insight. To men so endowed, God's revelations and Signs are self‑evident. They command themselves to their hearts, minds, and understandings, which are typified in Arabic by the word sadr, "breast".

3480. Cf. the last clause of Verse 47 above. There the argument was that the rejection of the Qur'an was a mark of Unbelief. Now tae argument is carried a stage father. Such rejection is also a mark of injustice, a deliberate perversity in going against obvious Signs, which should convince all honest men.

S. XXXVIII, V.87‑88

87. "This is no less than a Message to (all) the worlds. (4240)

88. "And ye shall certainly known the truth of it all (4241) after a while."

4240. So far from there being any false or selfish motive in the Message proclaimed in Revelation, it is healing mercy to all mankind. More, it is in accord with all parts of God's Creation, and makes us kin with. all Creation, the handiwork of the One True God.

4241. There may be many things which we in our "muddy vesture of decay" may not fully understand or take in. If we only follow the right Path, we shall arrive at the Goal in the Hereafter, and then everything, will be clear to us.

S. XXXIX, V.23

Allah has revealed (from time to time) the most beautiful, Message in the form of a Book, consistent with itself (4276) (yet) repeating (its teaching in various aspects) (4377): The skins of those who fear their Lord tremble (4278) thereat ; then their skins and their hearts do soften to the celebration of Allah's praises. Such is the guidance of Allah : He guides therewith whom He pleases, (4279) but such as Allah leaves to stray, can have none to guide.

4276. Mutashabih : here to be understood in the same sense as in III.7, where I have translated it as "allegorical". See n. 347 to III.7. The better opinion is that there is a slightly different shade of meaning here, as suggested by the context. In the earlier passage, it was opposed to Muh‑kam : here it is contrasted or compared to Mathani. The root meaning is : having something similar ; working by analogy, or allegory, or parable ; having its parts consistent with each other.' The last meaning I adopt here. The Qur'an was revealed in parts at different times. And yet its parts all conform to each other. There is no contradiction or inconsistency anywhere.

4277. Mathani : Cf. XV. 87, where we have translated "oft‑repeated"; the "seven oft‑repeated (verses)". See n. 2008 to that passage. Here the meaning is similar, but the context gives a different colour to it, as is seen in the translation.

4278. The skin is the outer integument of the body. It receives the first shock from the impact of anything unusual, and it trembles and its hair stands on end under excitement. So, in spiritual matter the first stimulation from God's Message is external. Those who receive Faith do it as it were with tremor and not with apathy. But the next stage is that it penetrates their outer nature and goes right into their hearts. Their whole nature is "softened" to receive the beneficent Message, and it transforms them through and through.

4279. "When He pleases" and "leaves to stray" are explained fully inn. 2133 to XVI.93. See also XIV.4, and n.1875.

2133 Cf. XIVA and n.1875. God's Will and Plan, in allowing limited free‑will to man, is not to force man's will, but to give all guidance, and leave alone those who reject that guidance, in case they should repent and come back into Grace. But in all cases, in so far as we are given the choice, we shall be called to account for all our actions. "Leaving to stray" does not mean that we can do what we please. Our personal responsibility remains.

1875. "Whom He pleases" : the usual expression for Mashiyat, the universal Will and Plan, which is all‑wise and on the highest plane of goodness and righteousness.

S. XLI, V.53 :

Soon will We show them Our Signs in the (furthest) Regions (of the earth), and in their (4524‑C) own souls, until it becomes manifest to them that this is the Truth. Is it not enough that Thy Lord doth witness all things

4524‑C God's Truth always spreads, in its own good time, across to the uttermost ends of the earth, as it did in the case of Islam. But its intensive spread in the hearts and souls of people is even more remarkable than its extensive spread over large areas. Men like the four Companions of the Prophet and many more became leaders of men and arbiters of the world's fate. Medina, from being, a focus of jarring tribes and factions that hated each other became the seat of heroic actions and plans and the nursery of great and noble heroic deeds that resounded throughout the world. It makes no difference what men may say or do. God's Truth must prevail, and He knows who obstruct and who help.

S. LIV, V. 17

And we have indeed made the Qur'an an easy (5143) to understand and remember : Then is there any that will receive admonition

5143. While the Qur'an sums up the highest philosophy of the inner life, its simple directions for conduct are plain and easy to understand and act upon. Is this not in itself a part of the Grace of God And what excuse is there for anyone to fail in receiving admonition

Parts:

(1) References to the writings and Commentaries by Pir Muhammad Karam Shah, J. (one of us) p. 17‑23.

(2) Ahkam‑i‑Qur'an by Chaudhry Nazar Muhammad. (Photo‑copy) p. 24‑32.

(3) Mazamine Qur'an by Zahid Malik (Photo‑copy), pp. 33‑34.

(4) References to Chapters and page numbers of Mazamine Qur'an by Mir Muhammad Hussain with photo‑copies of some pages. p. 35‑40.

(5) References to various Chapters and page numbers of the Index -cum‑Concordance Holy Qur'an by the Holy Qur'an Society with photo‑copies of some selected pages ; as also, references to page numbers of Commands of Allah (The Light) with photo‑copies of some pages by AI‑Haj A. R. Changez. p. 41‑56.

PART 5 to Schedule III

A KEY TO HOLY QUR'AN

Index‑cum‑Concordance for the Holy Qur'an

By

Al‑Haj Khan Bahadur Altaf Ahmad Kherie, R. A. S. (Retired)

OBEDIENCE OF HOLY PROPHET

(ITA'AT)

(NB.‑‑Please also see n. re. Respect Due to H.P)

HP

2/285 ;‑‑‑B. say : "We hear and we obey" (cf. 5/8 ; 24/51).

3/32. Obey Allah and‑‑3/132 ; ibid (that you may have mercy) ;

4/59 ; ibid (and obey those in authority‑‑; cf. 4/13) ; 5/95 ; ibid (and beware ; HP 's duty only to convey message ; cf. 24/54) ; 8/1 ibid (if you are B.) ; 8/20 ; ibid (arid do not turn away from him when he speaks); 8/46 ; ibid (and do not fall into disputes) ; 24/54 ; ibid, (if you turn away, the responsibility is yours ; if you obey him, you will be guided a right ; HP s duty merely to convey message ; cf. 5/95) ; 47/33 ; ibid (and do not make your deeds futile) ; 58/13 ; ibid (Allah is well aware of all that you do) ; ibid (HP's duty merely to' convey message ; cf. 24/54 ;

4/46. Jews said : "We bear and we disobey" ; they should have said : 'We hear and we obey"‑‑(cf. 8/21).

4/64. Apostle sent but to be obeyed ; those who had been unjust to themselves should have come to ‑‑and asked Allah's forgiveness‑‑

4/65. They could have no real faith unless they made‑‑their judge and cheerfully accepted his decision.

4/69. Those who obey Allah and‑‑are in the company of those on whom is Allah's grace and favour‑‑(see 4/70).

4/80. Whoever obeys obeys Allah‑‑

8/24. Respond to the call of Allah and‑‑

9/24. B. must love Allah and‑‑more than their fathers, sons brothers, wives, relatives and all worldly things (cf. 33/(x).

9/71. B. obey Allah and‑‑and will receive His mercy (cf. 24/56).

24/47. Those who turn away after saying : "We believe in Allah and‑ ‑and we obey" are not B.

24/51. B. when summoned to Allah and‑‑that he may judge between them say : "We hear and we obey" (cf. 5/8).

24/52. Those who attain success (fa'izun) are those who obey Allah and‑‑(cf. 33/71 ).

24/56. Obey‑‑that you may receive mercy (cf. 9/71).

33/6. ‑‑‑must be closer and dearer to B. than their ownselves‑‑(cf.9/24).

33/33. AM commanded, inter alia, to obey Allah and‑‑‑

33/36. When a matter is decided by Allah and‑‑, no‑believer can have any choice or option ; (cf. 59/7) ; disobedience of Allah and clear straying from right path (Dalalam mubina).

33/71. Whoever obeys Allah and‑‑bas attained the greatest success (cf. 24/52).

47/20, 21. Obedience to Allah and‑‑only right course,

48/17‑‑For those who obey Allah and‑‑are gardens‑‑(cf. 4/13); for those turn back. painful punishment.

49/1. Do not put yourselves forward before Allah and

49/2. Do not raise your voices above ‑‑s ; nor speak aloud before him.

49/4. ‑ Do not call‑‑from without his rooms.

49/14. If you obey Allah and‑‑, He will not withhold aught of your reward.

FOLLOWING HOLY PROPHET

(ITTIBA')

(N. B.‑Some of the vv given below are re, what HP followed)

HP

2/143. Change of Qibla intended to test those who followed‑‑and those who would turn back‑‑‑

3/20. ‑‑and those who followed him had submitted themselves completely to Allah.

3/31. Say : 'If you love Allah, then follow me (‑‑) ; Allah will love you and forgive your sins'‑ ‑(cf. 33/21 HP excellent examplar ; see p. 227).

6/50. ‑‑merely followed what was revealed to him ; (cf. 6/106 ; 7/203 ; 10/15).

6/56. ‑‑did not follow the UB's vain desires (cf. 5/51, 52 ; 6/150

13/37 ; 18/28 ; 42/15 ; 45 18).

6/106. ‑‑commanded to follow what h( was taught Asy inspiration ‑(cf. 6 50 ; 101109 ; 33 2 ; 46/9).

7/157. Allah's special mercy for those who follow the Ummi Rasul mentioned in Taurat and Injil.

7/158. Mankind asked to‑‑follow the Ummi Nab)‑‑

8/64. Allah and those B. who followed‑‑were sufficient for him.

9/117. Allah turned in mercy for‑‑and the Muhajirin and Ansar who followed‑‑

12/108. ‑‑invited all those who followed him to Allah ; (cf. 6/153).

16/123. ‑‑was inspired by Allah to follow the faith of Ibrahim (cf. 3/68, 95 ; 4/125).

26/215. ‑‑commanded to lower his wing (in kindness) to those who followed him (cf. 15/88).

45/18.‑‑commanded to follow the right path on which Allah had put him‑‑

DISOBEDIENCE AND DEFFIANCE OF HOLY PROPHET

HP

4/14. Those who disobey Allah and‑‑and exceed His limits, promised humiliating punishment (cf. 4/42).

5/36. Wordly punishment for those who waged war against Allah and (See v. ; also 5/37).

6/ 25. UB disputed with‑‑(cf. 26/216).

8/13 ; 59/4 : Allah severe in punishment against Allah and‑‑(cf. 24/63).

9/61. Severe punishment for anyone who annoys or molests (cf. 33/57).

9/63. Fire of hell for those who oppose Allah and‑‑(cf. 4/115 ; 33/66 ; 58/20 ; 72/23).

22/67, 68 : ‑‑‑Let them not dispute with thee on the matter (re. rites and ceremonies).

33/36. Disobedience of Allah and‑‑clear straying from right path.

33/53. Prohibition against annoying or molesting ‑‑

33/57. Allah's curse in this world and the hereafter on those who annoy or molest‑‑and humiliating punishment (cf. 9/61).

33/69. Do not vex or insult‑‑as Jews did so to Musa.

47/32. The deeds of those who oppose ‑ ‑after guidance has been shown them will be of no effect (cf. 3/152 : 4/115 ; 8/6).

59/8. Hell for those who hold secret consultations for sin, revolt and disobedience of ‑(See 58/9).

58/20. Those who oppose Allah and (cf. 9/63 ; 58/5).

60/1. Do not take the enemies of Allah (and‑‑) and of yourselves as friends.

60/12 : Re. oath of fealty‑‑not to disobey HP.

72/23. Fire of hell for anyone who disobeys Allah and‑‑(cf. 9163).

RESPECT DUE TO HOLY PROPHET

(N. B.‑Some of the vv given below have also been given in the other nn. re. Obedience and Disobedience of HP).

HP

2/104 : B. not to say Ra'ina' (i.e. words of ambiguous or sinister meaning) to‑‑but to say Unzurna' (i.e unambiguous and respectful words) and to listen (carefully to what he says)‑(cf. 8/20; 58/8).

2/108 : not to be asked (foolish or unnecessary) questions, as was Musa questioned (by BI) in the past (cf. 5/104).

3/31: B. must (respectfully obey and) follow‑‑if they love Allah‑‑

3/152, 153: Distress and punishment for disobeying‑‑'s order and not answering his call at the battle of Uhud.

3/172 : Reward of those who answered Allah and 's call even after being wounded.

4/64, 65 : Unquestioned obedience of‑‑and cheerful acceptance of his decisions (cf. 33/36).

4/83 : Any matter, or news, affecting security or fear, to be referred to‑‑or‑‑‑

5/58, 59 : B. must turn for friendship to Allah and‑‑who are their real friends (cf. 9/16 ; 58/22 ; 6011).

5/104 : B. not to ask questions about things which if declared may cause trouble (cf. 2/108).

7/157 : Follow the ummi apostle and prophet (viz.‑) who is men tioned in Taurat and Injil‑‑believe in him, honour him, help him and follow the light sent down with him, to attain success (cf. 33/21 ; 48/9).

8/20 : Obey Allah and‑‑and do not turn back when you hear him speak (cf. 2/104).

8/24 : Answer the call of Allah and‑‑when , He calls you to that which will give you life‑‑

8/27 : Betray not the trust of (or be not unfaithful to) Allah and

9/24 : B. must love Allah and‑‑more than their fathers, sons, brothers, wives, relatives and all worldly things (cf. 9/120 ; 33/6).

9/59 : B. must be content with what Allah and‑‑have given them (cf. 59/7) and should regard Allah and as sufficient for them.

9/62 : B. must try to please Allah and ‑instead of others.

24/51 : The only answer of B. when summoned to Allah and‑‑ in order that he may judge between them should be "We hear and we obey"--

24/62 : B. when with‑‑for some common matter, should not leave his presence without asking for, and getting, permission.

24/63 : Summons of ‑not to be treated like summoning of one another. B. should not steal away ; nor go against‑‑'s order.

33/6 :‑‑must be closer to B. than their own selves ; and‑‑' s wives (A M) are their mothers‑‑(cf. 9/24).

33/36 : No believer can have any option or choice in a matter decided by Allah and‑‑(cf. 4/65 ; 59/7).

33/53 : B. not to enter‑‑'s houses until they receive permission to enter ; should not come too early for a meal ; nor stay on after meals for familiar talk, causing inconvenience or annoyance to‑‑. When asking for anything from A M should ask from behind a screen. B. must not annoy or molest ‑‑ Marriage to‑‑'s widows forbidden.

33/56 : B. commanded to send blessings on‑‑and to salute him with worthy salutation.

33/57 : Allah's curse in this world and hereafter on those who malign or annoy Allah and‑‑

33/69 : B. not to be like those (B 1) who vexed and slandered Musa.

42/23‑‑‑asked for no reward for his teachings etc., but love of relatives.

48/8, 9 ;‑‑sent as witness, bringer of good news and warner ; so believe in Allah and.‑‑and assist and honour him and celebrate Allah's praises and glory morning and evening (cf, 7/157).

48/10 ; Swearing of allegiance to‑..‑equal to swearing of allegiance to Allah--

49/1: Be not too forward in the presence of Allah and‑--

49/15: Unswerving faith, loyalty and sincerity to Allah and enjoined.

58/5, 20 : Humbling to dust (or abasement) of those who act in opposi tion to Allah and‑‑ ; (cf. 59/4).

58/8, 9 : Conspiracy, or secret counsels, for sin, revolt and disobe dience of‑‑ : fire of troll promised.

58/12: Spending of something in charity before private consultation with ; ‑

58/22: B. should not love those who resist or oppose Allah and‑‑‑, even though they may be their fathers, sons, brothers or relatives.

601/1 : U B, who are enemies, of Allah and B. and drove out and B. from Makkah, should not be taken as friends, or loved ; (cf. 58/14 ; 60/13).

63/8: All honour and might belong to Allah,‑‑and B.‑‑HP and B.

3/31, 32, 132 ; 4/59, 64, 65, 69, 80 ; 5/95 ; 8/1, 20, 24 ; 24/54, 56 ; 33/6, 21, 36 ; 47/33 ; 49/2 : A‑Obedience of, and following, H P ; Respect Due to H P ; If you love Allah, follow H P and (see p. 483)/Obey Allah and His apostle ‑‑/ibid. That you may receive mercy/Obey Alan and obey the apostle and those charged with authority among you‑‑/Apostle sent not but to be obeyed ‑‑‑/See p. 479 ; No faith until they make H P judge and willingly and cheerfully accept his decision‑‑/ A‑‑Sidq ; Those who obey Allah and the apostle are in the company of‑ ‑/Whoever obeys the apostle, obeys Allah‑‑/Obey Allah and obey the apostle/‑‑Obey Allah and His apostle if you are B/Obey Allah and His apostle and do not turn away when you hear him speak/Give your response to Allah and His apostle when He calls you‑‑/Obey Allah and the apostle‑‑and if you obey him you will be on right guidance ‑‑/‑‑And obey the apostle that you may receive mercy/The Prophet is closer to B. than their own selves and‑‑/ Undoubtedly you have in the apostle of Allah an excellent examplar‑‑/B., men and women, can have no option in a matter decided by Allah and His apostle‑‑/ Obey Allah and obey the apostle and make not your deeds vain/B. not to raise their voices above H P's‑‑(cf. 9/59 ; 24/51 ; 49/1‑5).

3/179 ; 4/136 ; 7/158 ; 24/62 ; 48/9 ; 57/7, 19 ; 58/4 ; 64/8:‑ A‑Taqwa ; Believe in Allah and His apostles, and if you believe and do right, you will have a great reward/‑‑ Believe in Allah and His apostle (HP) and in the book‑(see p. 479)/Mankind asked to‑believe in Allah and His apostle the ummi apostle‑prophet who believes in Allah and His apostle‑/In order that (A‑Respect Due to HP) you may believe in Allah and His apostle, assist and honour him and ‑/Believe in Allah and His apostle and‑‑/A‑Sidq ; Those who believe in Allah and His apostles are the truthful and‑‑/(Penalty for Zihar)‑‑That you may show your faith in Allah and His apostle‑‑/Believe in Allah and His apostle and in the light that Allah has sent down ‑‑(cf. 57/28).

7/32 : H P to tell B. that Allah has not prohibited the embelishment Allah which He has produced for His servants and the good provisions ;

‑‑‑‑these are for B. In this world's life and purely for theta on the last day--

8/64: Allah and B. who follow him, sufficient for H P.

9/61: H P believes in Allah, has faith in B., and is tt mercy to those who believe.

14/31 : H P commanded to tell Allah's servants who have believed to keep up prayers and spend in charity‑‑‑

HOLY PROPHET'S GENTLENESS OF NATURE AND EMINENCE OF CHARACTER

N. B,‑‑Please also see ( ) 'Some Selected Verses Relating to Holy Prophet' ; and (2) 'The Holy Prophet and Allah'),

33/21 : Undoubtedly you have in the apostle of Allah an excellent examplar‑‑‑(uswatun bssanah)‑

53/3 : Nor does he (H P) say anything of his own desire.

68/4 :‑‑'‑stands on alt exalted standard of character (khuluqin 'azim) (See 2/69).

Swearing of allegiance to H P.

48/10 : Surely those who swear allegiance to thee (H P) but swear allegiance to Allah‑‑‑‑ (refce, to bai't ridwan) (cf. 48/18).

HP's Education.

4/113 :‑‑Allah sent down to thee (H P) the Book and wisdom and taught thee (H P) what thou didst not know‑‑

7/157 : Those who follow the apostle, the unlettered ("ummi") prophet whom they find mentioned in the Taurat and the Injil‑‑

7/158:.‑‑‑‑So, believe in Allah and His apostle, the unlettered ("ummi") prophet who‑‑‑

34/50 : HP to say that‑if he was rightly guided it was because of that which his Lord had revealed to him.‑‑‑(cf. 43/43).

53/3‑‑10 : H P did not say anything of his own desire ; it is nothing but revelation sent 'down to him ; he (H P) was taught JW one mighty in power‑‑(reference to Jibril) ‑so did Allah convey His inspiration to His servant (H P) what He wanted to convey‑,‑(cf. 2/97 ; 26/192 195 ; 42/52 ; 55/1, 2 ; 81/19‑21).

SOME SELECTED VERSES RELATING TO HOLY PROPHET

3/164. Undoubtedly Allah conferred a great favour upon the B. by sending them an apostle from among themselves reciting to them His signs, and purifying them, and teaching them the book and wisdom ; though before that they were in manifest error (cf. 2/151 ; 62/2, 3).

4/170. O mankind surely the apostle has come to you in truth from your Lord ; therefore, believe in him ; it will be good for you‑‑

5/21. O P B Our apostle has indeed come to you explaining (things) to you (Clearly) after a break (in the series of) Our apostles‑‑‑

7/157. Those who follow the apostle, the ummi prophet whom they find mentioned in their Taurat and Injil, who commands them what is just and forbids them what is evil ; and makes lawful for them the good (and pure) things and makes unlawful for them bad (and impure) things, and removes from them their burdens and the yokes that were upon them. Those who believe in him, honour him and help him and follow the light which has been sent down with him, shall prosper.

9/33. He it is Who has sent His apostle with guidance and the religion of truth, that He may cause it to prevail over all religion, even though the poly may dislike it (cf. 48/28 ; 61/9).

21/107. And We have not sent thee but as a mercy for all the worlds (or creatures) (Rahmat‑al‑lil‑'Alamin) (cf. 9/61).

33/21. Undoubtedly you have in the apostle of Allah an excellent examplar‑‑(Uswatun Hasanah).

33/45. O prophet We have truly sent thee as a witness (Shahid) and a bearer of good news (Mubashshir) and a warner (Nazir) cf. 48/8).

33/46. And as one inviting to Allah (Da'iyan ilallah) by His leave and as a lamp spreading light (Sirajam Munira).

34/28. And We have not sent thee (O Muhammad) but to all mankind (kaffatallin‑nas) as a bearer of good news and as a warner ; but most men do not know.

41/6. Say : "I am but a man (bashar) like you ; it is revealed to me (by inspiration) that your God is One God"‑‑(Also see 18/110).

42/52. And thus have We sent thee inspiration by Our command ; thou didst not know (before this) what the book was ; nor what faith was ; but We have made it (the Qur'an) a light, thereby guiding such of Our servants as We please ; and thou assuredly showest the way to the right path (Sirat‑im‑Mustaqim)

See also the following :‑

(1) 4/113 : Re. Allah sending down to H P the Book and wisdom and teaching him what he did not know ; and Allah's grace on H P being great.

(2) 8/17 : Act of throwing of handful of dust by H P called Allah's act (see n. re. H P and Allah).

CHAPTER VII‑DIVINE, WORSHIP

('IBADAT)

1. ISLAM 2. MUSLIM/MUSLIMUN/MUSLIMIN/MUSLIMAT

(See n. re. Din)

Islam.

9/33; 48/28; 61/9 : He (Allah) it is Who has sent His apostle with guidance and the religion of truth (din‑il‑haqq) that He may cause it to prevail over all religion even though ‑(cf. 9129).

TRUTH; RIGHT; JUSTICE

HAQQ, ETC.

2/119: 4/170 ; 9/29, 33 ; 35/24 ; 48/28 ; 61/9: A, Some Selected VV re. HP ; and HP's Mission‑‑HP sent by Allah, in truth‑bil haqq‑ and the religion of truth‑din‑il‑haqq---(cf. 3/86).

THE STRAIGHT WAY

SIRAT‑AL‑MUSTAQIM

Sirat‑al‑Mustaqim/Siral‑im‑Mustaqim/Sirat‑um‑Mustaqim.

6‑/161: HP commanded to say that his Lord guided him to the‑‑; a religion of right, the faith of Ibrahim the upright (dinan qiyamam millata Ibrahima hanifa)‑ ‑(cf. 6‑126; 12/108).

14/1: Qur'an revealed to HP that he may lead mankind out of darkness to light, by the leave of their Lord, to the path of the Mighty, the Praise worthy (siratil aziz il hamid) (cf. 16/125; 34;6). '

15/41 : Way of Allah's sincere servants leads straight to Him (cf. 16/9).

22/67: HP is on the right way (hudam mustaqim) (cf. 14/1 ; 23/73 ; 36/4; 43/43).

23/73 : Surely HP invites people to the‑‑(cf. 14/1; 22/67).

34/6 : Qur'an sent down to HP guides to the way of the Mighty, the Praiseworthy (cf. 14/1 ; 42/52, 53; 46/30).

36/4 : H P is on the‑ ‑(cf. 22/67; 43/43).

36/61: Worship Allah alone, that is the

37/118 ': Allah guided Musa and Harun to the‑‑

42/52: HP guides people to the‑‑(See 42/53 ; cf. 34/6).

43‑43 : H P commanded to hold fast to the revelation sent down to him ; surely he is on the (cf. 36/4).

REVELATION, INSPIRATION

WAHI

HP and UB ; Islam ;Say : It has been revealed to me that your God is one God‑‑/‑‑If I (HP) receive guidance it is because of the inspiration of my Lord‑‑; 38/70: A, HP's Mission ; 39/65 : A, HP and UB; 41/12 : A, Signs etc. of God's Existence/Heavens and Earth; Sky;‑‑And revealed in every heaven its affair‑‑ ; 42/3: Thus, does Allah the mighty reveal to thee (HP) and to those before thee ;

33/21 ; Certainly you have in Allah's apostle (HP) an excellent examp lar (uswatun‑‑‑)‑‑.

HOLY PROPHET'S MI'RAJ, VISIONS. MIRACLES AND SIGNS ; AND OTHER SPECIAL FAVOURS OF ALLAH CONFERRED ON HIM

(N. B.‑Please also see (1) Some Selected Verses Relating to Holy Prophet' ; and (2) The Holy Prophet and Allah')

21/107 :‑‑Rahmatul‑lil‑'alamin : a mercy for all the worlds (or creatures) also (see 9/61, 128 : 28/46).

48/1‑3 : Allah granted ‑a clear victory that He may forgive him his faults of the past and 'of the future, complete His favour and bounty to‑‑and guide him to the straightway (siratarn mustaqima) ; and that Allah may help him with powerful help ; (cf. 48/18, 19, 27, 28; 61/13).

68/3 : ‑ ‑ ‑ promised by Allah unfailing reward (ajran ghaira mamnun ).

93/1‑11 : Allah's assurance to‑‑that He had neither forsaken him (as UB said), nor was He In anyway displeased with him ; that the future will be for him far better than the present ; that Allah will give‑ that with which he will be well‑pleased and content ; reference made to ‑‑'s being an orphan, wandering in search of guidance and his being in want ; and how Allah gave him shelter and guidance and made him ghani (Independent) ‑‑

MERCY

Rahmat

9/61 ; 21/107 ; 28/46: A, HP and Hypo.;‑‑HP ii a mercy to those who believe‑‑/A, Selected VV. re. HP ; Mercy for all the worlds (rahmatalil 'alamin/‑‑ HP sent as a mercy from his Lord (cf, 17/87).

THE HOLY PROPHET'S MISSION

In this connection please also see n, headed 'Some Selected Varies Relating to HP', pp. 226‑228,

‑‑ was seat to rehearse Allah's algal, purify them, teach them the Book (Quran) and wisdom and that which they 7people) did not k now 2/151 ; /164 ; 62/2, 3 ; (cf. 13/30 ; 18/27).

‑‑ was sent with guidance and the religion of truth that He (Allah) tray cause It to prevail over all religion 9/33 ; 48/28 ; 61/9.

‑‑ was sent In truth by Allah as a bringer of good news (bashir, mubtahshir) and as a warner (nazir: munzir) : 2/119 ; 5/21 ; 6/19 ; 7/188 ; 11/2 ; 13/7 ; 17/105 ; 19/39 ; 22/49 ; 25/56 ; 26/214 ; 27/92 ; 323 ; 33/45 ; 14/28, 4 ; 35/24 ; 48/8 ; (cf. 7/2, 184 : 11/12 ; 15/89 ; 19/9 ; 26/194 ; 29/50; 33/47 ; 36/3, 4, 6 ; 8/65, 70 ; 46/9 ; 31/50, 51 ; 53/56 ; 74/2 ; 79/45; also see 37/37). ‑‑ was sent to be a witness (shahid, shahid) over his people ; 2/143 ; 4/41 ; 16/89 ; 22/78 ; 73/15.

O Prophet (‑‑) We have truly sent thee as a witness (shahid), and bearer of good news (mubashahir) and warner (nazir) ; and as one inviting (all) to Allah (da'iyan il Allah) by His leave and as a lamp spreading light (sirajam munin) : 33/45, 46.

And We have not sent thee (‑‑) but as a mercy for all the worlds (or creatures) (Rahmat‑al‑lil‑'Alamin) 21/107.

‑ was sent ‑‑ to lead mankind/those who believe and do good deeds from utter darkness to light‑‑14/1 ; 65/11.

‑‑was sent to reveal to the P8 much of what they concealed of the book and pass over much : 5/16 (cf. 2/101).

‑ was sent (the PB were told) after a break in the series of apostles (cf., 13/30) as a bringer of good news and as a warner : 5/21.

‑‑ was sent to command the PB what is just and forbid them what is evil ; to make lawful for them the good (and pure) things and make unlawful for them bad (and impure) things and to remove from them their burdens and the yokes that were upon them : 7/137.

Say. "O mankind 1 Surely I am the apostle of Allah sent to you all ‑‑‑‑ there is no god but He ; He it is Who gives life and Who causes death; so believe in Allah and His apostle, the ummi prophet ‑‑that you may be guided aright" ; 7/158 (cf. 4/170, 174)

--- was not sent to compel mankind to believe: 10/99 ; 50/45,

‑‑ was sent to all mankind (kaffatal‑lin‑nas) as a bearer of good news (bashir) and as a warner (nazir) : 34/28 (cf. 10/2).

Say : "O mankind I have been sent to you (all) to give clear warning (nazir-um-mubun) : 22/49 : 38/70 (cf. , 11/12 ; 15/89‑91 ; 25/1 ; 35/18, 23; 36/11: 67/26 ; 74/2)

‑‑ was sent to warn with the Qur'an his people (the Quraish) and all (others) to whom it reaches (i.e. all mankind) that there it no god but the One God‑‑6/19 (cf. 6/51, 92 ; 18/110 ; 19/97 ; 20/2, 3 ; 21/45 ; 42/7) . ...‑ was sent as a warner to a people to whom no warner had come 28/46 ; 32/3 ; 34/44 ; 35/37, 42 ; 36/6, was also commanded to warn his nearest relations : 26/214.

‑‑ was to warn people of the day of distress (the day of final judgment when U B will have their punishment) 19/39 (cf. 14/44).

‑‑‑ was sent to invite .people to his Lord (Allah) for he was assuredly on the right path : 22/67 ; (cf. 12/108 ; 28/87 33/46 ; 41/33 ; 42/15).

---- invited all to the straightway (sirat‑im-mustaqim) 23/73 (cf. 22/67 ; 33/46: 36/4 ; 42/52, 53 ; 57/8).

Allah inspired‑‑who guided men to the straightway, the way of Allah ‑‑ 42/52, 53 (cf. 4/79).

‑‑ was commanded by Allah to proclaim what had been revealed to him by his Lord (Allah, and was told that if he did not, he would not have fulfilled his mission‑‑ : 5/70 : (cf. 3/20 ; 595, 102 ; 13/40 ; 15/94 ; 16/35, 82 ; 24/54 ; 29/18 ; 42/48 ; 46/35 ; 64/12 ; 72/23).

‑‑ was commanded to continue to remind people as the reminder profits B. : 51/55 ; 87/9 ; (cf. 52/29 ; 88/21).

‑‑ was commanded to remind with the Qur'an those who feared Allah's warning : 50/45 ; (cf. 44/58 ; 73/5 ; 98/2).

----was commanded to fight the U B until there was no more persecution, and religion should be for Allah alone ‑ ‑ 2/193 ; 8/39 ; (cf. 8/ 65).

--‑ was commanded to strive hard against UB and hypo. ‑‑ 9/73 ; 66/9 ; (cf. 9/88).

‑ was commanded to bow to Allah in Islam and be not of the poly. 6/14 ; 10/104 ; 27/91 ; 39/11, 12 ; 40/66 ; (cf. 6/106 ; 15/94 ; 45/18).

‑ was commanded to follow what he was taught by inspiration 6/106 ; 33/2 ; 43/43 ; (cf., 6/50 ; 10/109 ; 15/94 ; 45/18).

THE HOLY PROPHET AND ALLAH

ALLAH

‑ sufficient for HP against UB 2/137 ; against his scoffers 15/95 ; (cf. 9/129) ; ‑‑Sufficed HP 8/62, 64 ; 9/129 ; 39/36, 38 ;‑‑‑enough as U B 4/81 ; ‑‑enough as witness between HP and U B 4/79 ; 13/43 ; 17/96 ; 29/52 ; 46/8 ; ------'s promise to protect HP from people 5/70 ‑‑turned in mercy to HP and ‑ ‑ 9/117 ; HP to do what ‑‑indicated 33/38 ; ‑‑ and His angels send their blessings on HP 33/56 ; ‑‑commanded HP not to hold forbidden what had made lawful for him 66/1--------Jibril and other angles and B. were protectors of HP 66/4 ; ‑‑real friend of HP 7/196 ; (cf. 5/58, 59) ; ‑ strict in punishment for those who contend against‑and H P 8/13 ; 9/63 ; those who resist ‑‑ and HP will be humiliated most 58/20 ; severe punishment for resistance to‑‑‑ and HP 59/4 ; ------‑'s curse in this world and hereafter and humiliating punishment for those who annoy and HP 9/61 ; 33/57 ; (cf. 33/53) ; punishment in this world for waging war against‑‑and HP 5/36 ‑, declaration of immunity by‑‑and HP.

9/1, 3;‑‑sent down calm (sakina) to HP and B. 9/26; 48/26; ‑fulfilled the vision for HP 48/27; all honour belongs to‑‑‑and HP and B. 63/8; (cf. 10/65; 66/8); HP commanded by‑‑to be patient and steadfast 10/109; 11/49, 112, 115; 16/127; 18/28; 19/65, 84; 20/30, 132; 30/60; 38/17; 40/55, 77; 46/35; 50139; 52/48; 68/48; 70/5; 73/10, 74,/7; 76/24; ‑‑sent down the Book and wisdom and taught HP what he knew not before and great is ‑‑‑'s grace (fadl) on 1‑iP 4/113; 17/87; (cf. 68/3); ‑‑and His angels bear witness that what‑ ‑sent down to HP was from His knowledge 41166; 11/14; (cf. 13/43); HP asked to seek refuge in 7/201; it was‑‑Who ordered HP out of his house in truth 8/5; throwing of handful of dust by HP at commencement of battle of Badr termed as throwing' by‑‑(wa ma ramaita iz ramaita wa la kin .Allah rama) 8/17;

---was not going to send 'azab (punishment) while HP was in their midst 8/33; it was‑‑Who put affection in the hearts of B; HP could not have done it 8163;‑‑helped HP when UB drove him out of Makkah 9/40;-------swore 8/63;‑‑helped HP's life (la'amruka) 15/72;‑‑bestowed seven frequently repeated verses (reference to S. 1) on HP 15/87; HP commanded to celebrate‑‑'s praises and prostrate and serve‑‑till death 15/98, 99; HP commanded to worship‑‑alone and bow to Him in Islam 39/11; 40/66, 41 /33; and to celebrate‑ ‑'s praises before the rising of the sun and before its setting and during night 50/39; 52/48; 49; 74/3;‑‑shall bring HP as witness against his people 16/89; 22/78; 73/15;‑took HP for a journey during night from Masjid‑il,‑Haram to Masjid‑il‑Aqsa (on the first stage of Mi'raj; see n. re. same) 17/1; ‑‑granted vision to HP as a trial for men 17/60; HP to say 'if‑‑pleases' (in‑yasha' Allah) 18/24 ; ‑‑sent HP as a mercy, for .all the worlds (Rahmatal‑lil‑'Alamin) 21/107 ; HP to put his trust in‑‑3/159 ; 4181 ; 8/61 ; 11/123 ; 25/58 ; 26/217 ; 27/79 ; 33/3, 48 ; 42/10 ; (also see 9/129 ; 13;30) ; ‑‑gave HP Strength 17/74 ; ‑‑'s promise to raise HP to Maqam‑am‑Mahmuda 17/79 ; (see 66/8) ; ‑‑‑saw HP standing in prayer and prostrating 26/218, 219 , HP commanded to serve the Lord of the City of Makkah (‑‑) 27/91 ;-----‑'s assurance at time on Hijrat to bring HP back to Makkah 28/85 ; HP told that‑‑'s promise is true 4/122 ; 1,014, 55 ; 18/21 ; 30/6, 60 ; 31/9, 33 ; 35/5 ; 39/20 ; 40/5, 77 : 45/32 ; 46/17 ; ‑ ‑‑‑granted HP clear victory 48/1 ; ‑ ‑‑ s promise to complete His favour and bounty to HP 4812 ; and to guide and give him mighty help 48/3 : (see 9/40 : 22/15 ; 110/1); --------‑'s assurance that He had not forsaken HP nor was He displeased 93/3 ;' (cf. 51/54) ; ‑‑'s assurance that the future and the hereafter will be better for HP 93/4 : that‑‑‑will give HP that with he will be pleased 93/5 ; ---- reference to‑‑finding HP an orphan and giving him shelter, and giving him guidance and removing his Want 93/6, 7, 8 ;‑‑expanded HP's breast 94/1; and removed his burden and raised and exalted his esteem 94/2, 3, 4 , ‑‑granted HP Kausar 103/1; ‑‑'s help and victory came and people entered Warn in troops 110/1. 2 : HP asked to see refuge in the Lord of Dawn (‑‑):113/1; HP commanded to seek refuge in the King of Mankind 114/1.

WISDOM

HIKMAT/HUKM

(See n. re. Allah's Justice and Wisdom; pp. 63‑65)

Hikmat

2/129, 151 ; 3/164 ; 17/39 ; 62/2 ; A, OPA, Ibrahim and Isma'il ; and Du a' ;‑‑HP‑‑taught them the Book and‑‑wisdom‑‑/A, HP's Mission; ibid‑/A, Some Selected VV re. HP; ibid‑‑/A, HP and Allah ; ‑‑Allah sent down to HP the Book and‑‑wisdom‑‑/A, HP and Revelation ; This is of what thy (HP's) Lord has revealed to thee of‑‑‑wisdom‑‑/A, HP and Revelation ; ‑‑HP‑‑taught them the Book and ‑‑wisdom (cf. 3/58 etc. below). '

2/231: A, Allah's Bounties and Favours‑‑And remember Allah's favour on you (B.) that He sent down to you the Book and‑‑wisdom‑‑ (cf. 3/51. etc. below).

2/251 ; 21/78 ; 79 ; 38/20 ; A. OPA, Davud ; Allah granted Davud kingdom and‑‑wisdom‑‑/A, ibid, and Sulaiman ; Allah gave wisdom (hukman) and knowledge to Davud and Sulaiman‑‑/A, OPA, Davud ; We (Allah) strengthened his (Davud's) kingdom and We gave him‑‑wisdom and a clear judgment.

2/269 ; A, Allah's Justice and Wisdom ; He (Allah) grants‑‑wisdom to whom He pleases ; and he to whom‑‑wisdom is granted, he indeed is given a great good--

3/48; 5/113 ; 43/63 ; A; OPA, 'Isa ; also Taurat and Injil ; And Allah will teach him ('Isa) the Book and‑‑wisdom and‑‑A, ibid ; ‑‑Behold I (Allah) taught thee (Isa) the Book and‑‑wisdom and ‑‑/A, ibid. ; ‑‑('Isa said)‑-Now have I come to you with‑‑wisdom'‑‑

16/125 ; A, HP's Mission ; also Husn ; Call to the way of thy (HP's) Lord with‑‑wisdom and goodly exhortation and have disputations with them in the best manner‑‑

19/12 ; A, OPA, Yaha : O Yahya I take hold of the Book with might ; and We (Allah) gave him wisdom (hukm) even as a youth.

21/74 ; A, OPA, Lut ; And to Lut We (Allah) gave wisdom (hukman) and knowledge‑‑

5/119 :‑‑'Had I ('Isa) said such a thing (see v.) Thou (Allah) wouldst have known it. Thou knowest what is in my heart, though 1 know not what is in Thine ; surely Thou art the Knower of the unseen wings Re. HP : 2/129 (Ibrahim's prayer ; see p. 179) ‑‑Raise up in them (Meccans) an apostle from among them who shall rehearse Thy signs to them and teach them the book and the wisdom and purity them‑‑ ; 2/145 ; HP and Jews and Christians ; (see p. 265)‑‑After knowledge has reached thee (HP)‑‑(cf. 13/37) ; 2/151 : HP's Mission (see p. 229) ; An apostle of your own who recites to you Our signs, purines you and teaches you the book and the wisdom and teaches you that which you did not know ; (cf. 62/2) 3/61‑‑As in 2/145 ; 3/164 ‑ Some Selected VV. re. HP ; (p. 226) As in 2/151 ; 4/113 : HP and Allah ;' (p. 232)‑And taught thee (HP) what thou knewest not (before)‑‑4/166 : HP and Revelation ; 237) Qur'an ; also Shahadat ; ‑‑‑ What He (Allah) has revealed to thee (HP) He has revealed it with His knowledge ; ‑‑ (cf. 11/14) 6/50 : HP and UB (p. 253)‑‑Nor do I (HP) know the unseen (cf. 38/69 below) ‑‑ 7/187 : See under Youm‑id‑Din ; (p. 285) re. HP not knowing exact time of hour of judgment ; 7/188 : HP and UB ; (p 253)‑‑If I had knowledge of the unseen, I should have‑‑ ; 11/49 : HP and Stories and News of Unseen ; (p. 239)‑ ‑Before this neither thou nor thy people knew them‑‑ 13/43 : HP and UB ; (p. 254)‑‑And such as have knowledge of the book ('ilm‑ul‑kitab) ; 20/114 : HP's Worship of Allah (p. 274) ; ‑‑O my (RP's) Lord increase me in knowledge 36169: We (Allah) have not taught him (HP) poetry (see p. 283)‑‑ 53/5: He (HP) was taught by one mighty in power (see p. 283) (cf. 16/102) 81/24: A, Ghaib ; Neither does he (HP) withhold a knowledge of the unseen.

SOME SELECTED VERSES RELATING TO HOLY PROPHET

glory and pt.

21/107. And We have not sent thee but as a mercy for all the worlds (or creatures) (Rahmat‑al‑lil‑'Alamin) (cf, 9/61).

33/21. Undoubtedly you have in the apostle of Allah an excellent examplar (Uswatun Hasanah).

33/40. Muhammad is not the father of any of your men but he is the apostle of Allah and the seal of the prophets ; (Khatam‑an‑Nabiyyin) and Allah has full knowledge of all things.

33/45. O prophet We have truly sent thee as a witness (Shahid) and a bearer of good news (Mubashshir) and a warner (Nazir) (cf. 48/8).

33/46. And as one inviting to Allah (Da'iyan Ilallah) by His leave and as a lamp spreading light (Sirajam Munira).

33/56. Surely Allah and His angels send blessings on the prophet ; O you who believe I call for blessings (of Allah) upon him and salute him with a (befitting) salutation.

34/28. And We have not sent thee (O Muhammad) but to all man kind (kaffatallin‑nas) as a bearer of good news and as a warner ; but most men do not know.

41/6. Say : "I am but a man (bashar) like you ; it is revealed to me (by inspiration) that‑ your God is One God"‑‑(Also see 18/110).

42/52. And thus have We sent thee inspiration by Our command ; thou didst not know (before this) what the book was ; nor what faith was ; but We have made it (the Qur'an) a light, thereby guiding such of Our servants as We please ; and thou assuredly showest the way to the right path (Sirat‑im‑Mustaqim)‑‑

PART 5

to

Schedule III

THE COMMANDS OF ALLAH

(THE LIGHT)

Compiled by

AL‑HAJ A. R. CHANGEZ,

M. A., LL. B. (Allg.)

Retd. High Court Judge

What does the Qur'an say about the Prophet

Page

No.

16. He was sent as a witness, and a warner, and a bearer of good tidings. 15 : 89 ; 48 : 8 ; 53 : 56.

17. He was inspired by Allah, in Arabic through the True Spirit (Ruhul- Ameen) , 4 : 163 ; 26 : 192‑195 ; 42 : 3 ; 43 : 3.

17. God bestowed the great Qur'an on him. 15 : 87.

17. No man had taught the Qur'an to him. Allah bad revealed it with truth through the angel Ruhzil‑Qudus (Gibrael), for the guidance of the Muslims. 16 : 102, 103.

17. He was commanded to proclaim the message revealed to him. He followed it and faithfully expounded it. 5 : 67 ; 15 : 94 ; 6 : 50 ; 10 : 15.

17. He was sent with Light. 7 : 157.

17. Now hath our Messenger come unto you. Now hath come unto you Light from Allah, and the plain scripture. 5 : 15.

17. He was sent as a summoner unto Allah‑by His permission, and as a Lamp that giveth Light. 33 : 45, 46.

His duty is only plain conveyance of the Message. 5 : 92.

He is a plain warner. 15 : 87.

17. He erreth not, nor be is misled. He does not speak of his own desires, but conveys the revelations with which he is inspired. He has been taught by the Mighty Power. 53 : 1‑5.

He was the first to surrender unto Allah, and was commanded to worship Him, making the religion pure, with sincere devotion for Him (only), 39 : 11, 12.

17. He reciteth into you our relegations and causeth you to grow, and teacheth you the Scripture and the Wisdom, and also teacheth you, which ye knew not. 2 :151.

17. He relieveth the people of their burden, and the fetters they used to wear. 7 : 157.

18. Allah sent him with Truth and Light. 2 : 118 ; 4 : 170 ; 10 : 108 ; 4 ; 174 ; 5:16; 3:12.

18. He was a mortal like any other man, with the difference that he was inspired by Allah. 18 : 110.

18. Allah calls him Abdina (Our Slave), the greatest honour, which could have been conferred on man. 2 : 23.

18. His pattern of conduct is beautiful, and should be adopted by the Believers. 33 : 21.

18. He could neither read nor write but he was chosen for guiding the people, and was sent with the Light. 7 : 15.

18. He was made a guide unto all mankind, and was commanded to pray ;‑"My Lord I increase me, in knowledge", 34 : 38 ; 20 : 114.

18. He is a mercy to believers ; to the people of the Book, and in fact a mercy to all creation. 9 : 61 ; 5 : 19 ; 21 : 107.

18. He is closer to the believers than their selves, and his wives are as their mothers. 33 : 6.

18. If you love Allah, follow him, and Allah will love you and forgive your sins. Obey Allah and His Messenger. 3 ; 31, 32.

18. He was guided by Allah, unto the straight path, the right religion, the community of Ibrahim the upright, and his worship and sacrifice, his living and dying were for Allah. 6 : 161, 162.

18. With the revelations, he brought out mankind from darkness into Light, and unto the path of the Mighty, the owner of Praise, he

19. Always summoned the people to the right path, and taught the scripture and wisdom. 14 : 1 ; 23 ; 73 : 2.

19. Allah carried him by night from Masjid‑el‑Haram, Makkah to Masjad‑e‑Aksa (Jerusalem), for showing him his tokens, and when he had reached the uppermost horizon, and was very close to Him, Allah conveyed unto His slave some more revelations. This ascen tion is popularly known as Miraj. 17 : 1 ; 53 : 6‑10.

19. Obey Allah and His Apostls ; whoever obeys him obeys Allah, and fealty to him is fealty to Allah: 4 : 59, 80 ; 48 : 10.

19. His religion, will prevail over all other religions. 61 : 9.

19. He was appointed Messenger, for proclaiming what he was commanded, and was appointed Khalifa, for enforcing, and administering the Laws of Qur'an. 15.: 94 ; 6 : 65.

19. The first revelation, which Gibrael asked him to read was : "Read in the name of thy Lord, Who, createth . . . . . Who teacheth by the pen, teacheth man that which he knew not". 96 : 1‑5.

And Allah guaranteed to Muhammad, that whatever Allah made him to read, he shall never forget. 87 : 6.

And yet they ask for miracles. Was it not enough, that an unlet tered person, remembered all, which is contained in the voluminous Book of the Holy Qur'an And besides, the Book itself is a miracle, which could not have been produced except by Allah. 10 : 37, 38.

19. Obey Allah and obey His Messenger, but if you disobey, and transgress His limits, you will find your dwelling for ever in the Fire. 4 : 14.

19. In all matters of dispute, believers are required to make him the Judge. 4 : 65.

20. Allah granted him the Fount (Kauthar) of unbounded grace, goodness, truth, wisdom and knowledge. 108 : 1.

20. Those who plight their fealty to the Prophet in fact plight fealty to Allah, Whose Hand is over their hands. 48 : 10.

20. Allah Himself is a witness to the truth of the mission of the Prophet. 13 : 43 ; 29 : 52.

Schedule IV

Shariat Appeals Nos. 4‑5 of 1983

Shariat Appeals Nos. 3‑5 of 1984

Provided by‑‑Maulana Muhammad Taqi Usmani, J.

It is to be read in continuance of what is in Schedule III, as also, S. 15, V. 41 and S. 48, V. 20, which give Qur'anic support to the Ahadiths included herein.

Schedule V

Shariat Appeals Nos. 4-5 of 1983 and 3-5 of 1984

Sub‑headings in the "Index‑cum‑Concordance" for the Holy Qur'an, prepared by the Holy Quran Society of Pakistan‑Pages 390‑440 and 441 ‑477‑under Headings 'Commandments ‑(Awamir) "and 'Prohibitions (Nawahi).

Commandments‑( wamir)

Islam :‑Standing firm; Istiqamat :‑Faith; Belief (Iman) :‑Piety, Fear of Allah ; Taqwa :‑Worship; Ibadat ;‑Glorification, Praise, Remembrance Hamd, Zikr :‑Prayers, Bowing Down, Prostration, Supplication; Salat, Ruku; Saida; Du'a:‑Seeking refuge in Allah (A'uzu):‑Insha' Allah; Masha' Allah :‑Answering Allah's call; Istijabat :‑Repentance, Tauba :‑Asking Allah's forgiveness; Maghfirat :‑Fasting ; Siyam :‑Obligatory Charity ; Zakat :‑Alms; Sadaqah :‑ Pilgrimage : Hajj and 'Umra :‑ House of Allah, Ka'ba, Sanctity of :‑Sacrifice ; Qurbani :‑Quran :‑Other Prophets :‑Guidance ; Hidayat :‑Patience ; Sabr :‑Truth Sidq ‑Good Deeds ; 'Amalus Salihat ; Khairat :‑Gratitude; Shukr : Trust in Allah ; Tawakkul :‑Pardoning, Clemency, Forbearance; Kind words, etc. :‑ Admonishing, Preaching, Warning : Taking a lesson; travelling through the earth : ‑Pondering, Meditating; Tafakkur :‑‑ Beneficience ; Kindness ; Ihsan :‑Meekness, Humility, Moderation : Testimony, Evidence ; Shahadat :‑Justice ,: 'Adl, Qist :‑ Emigration, Striving and Fighting ; Hijrat : Jihad and Qital :‑Helping Allah's Cause and Helping Themselves :‑ Agreements, Covenants, Trusts : Ahd, Misaq, Amanat :‑Oaths and Vows : UB: Poly. ; Kafir, Mushrik :‑Hypo. ; Munafiq : ‑Eating and Drinking; Lawful and Pure food and drink : (Halal, Tayyib) : Unity and Cooperation :‑Purity, Cleanliness :‑Enjoining what is right and forbidding what is wrong (Ma'ruf munkar) :‑Parents : Women, Wives ; Their rights and duties :‑Children :‑ Kindred : Orphans :‑The Needy, the Poor ; Masakin ; Fuqara :‑Neighbours : Wayfarers : ‑ Captives, Slaves :‑Marriage : (Nikah) Dower (Mehr)‑Divorce (Talaq)‑Ablution : (Wudu)‑Bathing : (Ghusl)‑Sub stituted Ablution : (Tayammum)‑Friday (Jummu'ah) Prayers ; Qibla : Requests : (Wasiyat).‑Inheritance, (Wirasat) :‑Adoption :‑Screen; Veil, Pardah:‑Good Manners and Social Etiquette :‑Salutation ; Salam : Sin ; Ism :‑Play and Amusement: La'ibun : Lahvun ‑ ‑Obscenity, Indecency : Fahsha' :‑Fornication, Adultery ; Zina :‑Rumours, Slanders, Suspicion and Backbiting : ‑Envy, Covetousness, (Hasad) :‑Fear, Grief and Despair ; Khauf, Huzn, Qunut :‑Breach of trust, Dishonesty, Khiyanat :‑Niggardliness Bukhl :‑Weighing and Measuring :‑Mortgage; Rihn :‑ Neighbourly Needs :‑Trade, Commence ;‑ Bai' ; Tijarat : Usury ; Riba .‑Retaliation; Revenge; Qisas; Intiqam :‑Theft; Sarqa : Management of public affairs:

Prohibitions‑(Nawahi )

Disbelief; U. B. Kufr, Kafirin‑Polytheism ; Poly. Shirk ; Mush rikin.‑Worship ; 'Ibadat.‑Changing Faith Belief, Din, Iman. Also apostasy.‑Disbelieving in the hereafter. ‑Allah's Signs and Quran ; Ayat. It Allah pleases. Trisha' Allah.‑Remembrance of Allah; Zikr. Forgetting Allah. The Heedless.‑Prayers ; Salat‑Stupplication ; Du'a.‑Fasting ; Siyam.‑Obligatory charity ; Zakat; also Alms, Sadaqah.‑ Pilgrimage ; Hajj.‑House of Allah ; Ka'ba‑ HP‑Other Prophets.‑Standing firm. Going astray. Excuse; Justification.‑Lies and Fabrications.‑Falsehood ; Batil.‑Impatience ; Haste.‑Ingratitude.‑Despair, Hopelessness ; Qanut; Yas.‑Grief; Huzn.‑Fear; Khauf.‑Satan, Devil, Shaitan. Magic, Sorcery etc. ‑Pride ; Takabbur; Fakhr.‑ Low desires ; Ahwa'.‑ Transgression. Extravagance ; Israf.‑Injustice, inequity ; Zuim.‑Persecution ; Trial ; Fitnah.‑Mischief ; Fasad.‑Niggardliness ; Bukhl.‑Envy, Covetousness ; Hasad.‑ Dibunity ; Discord‑Breach of trust‑Friends, Helpers ; Auliya'. Sin, Ism.‑Revolt, Rebellion Oppression, Hostility.‑Secret Counsel ; NajHa.‑Hypo, Hypocricy; Munafiqiit ; Nifaq.‑Testimony, Evidence ; Martyrs : Shahadat ; Shuhada'.‑ Oaths.‑ Rumours : Scandal.‑Inquisitive ness ; Suspicion. ‑ Unnecessary Controversy. ‑ Vain Talk. (Labhv) ‑Obstinacy. Ridicule.‑Slander, Backbiting, etc.‑Expulsion. ; Dehraj. ‑Fighting ; Jihad ; Qital.‑Murder ; Qatl.‑Parents.‑Women ; Wives ; Marriage; Divorce, etc. Children. Kindred.‑Orphans.‑.The Needy, the poor. ‑ Neighbours. ‑ Captives.‑Bequests.‑Inheritance.‑ Adoptton. Screen, Veil ; Pardah. Good Manners and Social etiquette.‑Sajuta tion. Play and Amusement.‑Obscenity, Indecency.‑Fornication ; Adul tery ; Zina.‑Weighing and Measuring.‑Trade, Commerce.‑Usury ; Riba.‑Retaliation, Revenge.‑Theft.‑ Briberty; Illicit gain ; Hoarding ; Love of Wealth.‑Forbidding the wrong; Munkar.‑Intoxicants.‑Games of chance.‑Forbidden food, Forbidden things ; Haram.

M. B. A. Appeals allowed.

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