[QUOTE]
*Originally posted by ahmadjee: *
Wherein adequate provision shall be made for the minorities** freely to profess and practise their religions and develop their cultures**;
Wherein the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on their powers and authority as may be prescribed;
Therein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality;
BTW, the word 'freely' was omitted by your favorite Gen. Zia!
[/QUOTE]
Shariat Court Decision
On 15 July 1984 Mujib-ur-Rehman, Amir Jamat Ahmadiyya Rawalpindi, on the instructions of Mirza Tahir Ahmad, filed a petition in the Federal Shariat Court against the Ordinance. A full bench of the Federal Shariat Court comprising Chief Justice Mr Aftab Hussain, Mr Justice Fakhre Alam, Mr. Justice Chaudhry Mohammed Sadiq, Mr Justice Maulana Malik Ghulam Ali and Mr Justice Maulana Abdul Qaddus Qasami heard the petition. Lahori Jamat also presented their viewpoint in detail. The Court continued hearing for 21 days and passed a short order on 12 August, 1984 dismissing the two petitions as having no force.
The Court had the assistance of Juris-Consultants viz, Prof Qazi Mujib-urRehman, Prof Mohammad Tahir-ul-Qadri, Prof. Mohammad Ashraf of Peshawar University, Maulana Tajuddin Hyderi, Allama Mirza Yousaf Hussain, Maulana Sadaruddin Rifai and Prof. Mahmud Ahmad Ghazi. The Federal Government was represented by Dr Riaz Hassan Gilani and Haji Shaukat Ghias Muhammad Advocates. The Court held that the allegations in the petitions as elaborated at the bar that the impugned ordinance violates the freedom of faith of Qadianis of either persuasion or restrains them from practicing their religion or affects their right of worship is not correct. The said Ordinance does not interfere with the right of the petitioners or other Qadianis to profess and practice their religion in accordance with the provisions of the constitution and the injunctions of the Holy Quran and the Sunnah. *They are at liberty to profess Qadianism or Ahmadisin as their religion and to profess their faith in Mirza Ghularn Ahmad as a prophet or the Promised Messiah or the Promised Mahdi. They are also at liberty to practice their religion and worship, interalia, in their places of worship according to the tenets of their religion. *
The Judgement says the impugned ordinance is consequential to the constitutional Amendment of 1974 by which the Qadianis and Lahoris were declared non-Muslims in accordance with the dictates of Islamic Shariah. In implementation of the constitutional fiat, which was disregarded with impunity by the Qadianis, they have been restrained by the impugned ordinance from directly or indirectly calling or posing themselves as Muslims or calling their faith as Islam. To call their places of worship by the name of Masjid and to call people to prayers by calling Azan which are exclusive for Muslims; by the said name and the said call to prayers, the unwary among the Muslims are likely to be deceived and to be drawn to offer their prayers behind a non-Muslim Imam in a non-Muslim place of worship. Qadianis can call their place of worship by other name and call the adherent of their religion to prayer by use of any other method. The use of epithets like Ummul Mominin, Sahaba, Ahle-Bait etc by the Ahmadis not only outrages the feelings of the Muslims but also amounts to their posing indirectly as Muslims. The prohibition does not interfere with the right of Ahmadis to profess and practice their religion. The prohibition against propagation of the religion of Ahmadis is not contrary to the Quran and the Sunnah of the Holy Prophet (p.b.o.h). This prohibition is also consequential to the declaration of Ahmadis or Qadianis as non-Muslims and restraint against their posing as Muslims. Their entire strategy in preaching is to satisfy the Muslim to whom they preach that by conversion to Ahmadism he shall remain a Muslim. This would be contrary to the constitution. (The Muslim lslamabad, 13 August 1984)