The Politics of the Jamiat-i-Ulema-i-Islam Pakistan 1971-1977 0195793021, 9780195793024

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The Politics of the Jamiat Ulema-i-Islam Pakistan 1971-1977

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The Politics of the Jamiat Ulema-i-Islam Pakistan 1971-1977 Sayyid A.

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Great Clarendon Street, Oxford ox2 6oP Oxford University Press is a department of the University of Oxford. ~.dfl.irthers the University's objective of excellence in research, scholarship, \_/ and education by publishing worldwide in Oxford New York Athens Auckland Bangkok Bogot6 Buenos Aires Calcutta Cape Town Chennai Dar es Salaam Delhi Florence Hong Kong Istanbul Karachi Kuala Lumpur Madrid Melbourne Mexico City Mumbai Nairobi Paris Sio Paulo Singapore Taipei Tokyo Toronto Warsaw with associated companies in Berlin Ibadan Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries ©Oxford University Press 2000 The moral rights of the author have been asserted First published 2000 All rights reserved. No part of this publication may be reproduced, translated, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press. Enquiries concerning reproduction should be sent to Oxford University Press at the address below. This book is sold subject to the condition that it shall not, by way of trade or otherwise, be lent, re-sold, hired out or otherwise circulated without the publisher's prior consent in any form of binding or cover other than that in which it is published and without a similar condition including this condition being imposed on the subsequent purchaser. ISBN 0 19 579302 I

Printed in Pakistan at Micro Advertising, Karachi. Published by Ameena Saiyid, Oxford University Press 5-Bangalore Town. Sharae Faisal PO Box 13033, Karachi·75350, Pakistan.

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Dedicated to my mentor and great-grandfather Pir Abdul Rahman Shah Bukhari, and to my grandfather Pir Waliud Din Shah Bukhari

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CON'I'ENTS page

. . XIV

Preface

IX

Acronyms 1. Jamiat Politics in Retrospect: 1913-1970

1

2. Post-Election (1970) Developments

50

3. The Jamiat's Role as an Opposition Party: 1973-1977

88

4. The 1977 Polls and the Jamiat's Role in the 150

PNA Movement 5. The Jamiat and International Relations

205

6. The Jamiat's Concept of a Welfare State

223

7. Conclusion

231

Appendices

237

Glossary

299

·Bibliography

303

Index

323

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PREFACE Since 1947 the demand for the establishment of an Islamic state in Pakistan has been an important issue among the religious political parties. The origin of this issue can be traced to the association of the ulema with the All India Muslim League (AIML). After independence, the ulema raised this subject during the framing of the 1956 Constitution. Their efforts for an Islam-based constitution continued during the regimes of Ayub, Yahya, and Bhutto. General Zia justified his martial law on Islamic grounds. Since the concept of a state based on the Quran and Sunnah had a popular appeal, it provided the military regime with the necessary legitimacy. The significance of an Islamic state in Pakistan's political culture is so dominating that even parties committed to a socialist way of life mention an Islamic system of government in their manifestos. Despite the significance of this phenomenon, scholarly studies on this topic are rare. Western scholars have done substantial work in this field, but they generally lack the proper understanding to fully appreciate this demand. Their writings speak of a fear of the re-emergence of Islam on the global horizon. The present study is an endeavour to understand the consistent demand for an Islamic system of government. The demand for an Islamic state in South Asia can be traced to the period of the decline of the Mughul empire, especially during the British rule. It spread with the nationalist struggle for freedom in South Asia, and culminated in 1947-with the emergence of Pakistan. The conflict between Muslims and Hindus for a separate homeland continued for a long period of time. Historical writings by the Hindus, Muslims, and the British reflect their own personal outlook. The ulema considered religion as the key factor which determined the fate of Indi;i.

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PREFACE

In my view, historical literature on South Asian politics revolves around three trends on the role of the ulema, described by Dr lshtiaq Husain Qureshi, Ziyaul Hasan Faruqi, and Dr H. B. Khan. According to Dr Qureshi, a major segment of the Deobandi ulema aligned with the Indian National Congress against the AIML. They upheld Composite Nationalism, which was largely rejected by the Muslim population. A number of prominent ulema, though, did support the Muslim League's twonation theory, and the establishment of Pakistan on religious and political grounds. On the other hand, Ziyaul Hasan Faruqi argues that after the decline of Muslim political power, Deoband emerged as a movement for the preservation of Islam, Muslim identity, and Islamic culture in South Asia. The Deobandi ulema did not favour the creation of Pakistan, as that would require a mass migration of Muslims out of India. They would have to leave behind historical monuments which were symbols of Islamic culture. A large Muslim minority would also be left behind at the mercy of the Hindus. They considered India a homeland for both Muslims and Hindus. The best solution of the Indian problem, therefore, lay in embracing Composite Nationalism and a nation state, in which Muslims along with Hindus and other communities would enjoy equal opportunities. . Dr H.B. Khan agrees with Ziyaul Hasan Faruqi on Deoband's role for the preservation of Muslim culture. He, however, disagrees with him on the question of alliance with Hindus and on Composite Nationalism. He also contends with Dr lshtiaq Husain Qureshi' s views that the AIML represented the cause of the Muslims of South Asia. He argues that it was Maulana Abul Ala Maududi who presented the blueprint of a Muslim state in his speech on the occasion of Iqbal Day in April 1939. Western analysts, such as W. C. Smith, Wayne A. Wilcox, Leonard Binder, Keith Callard, and Lawrence Ziring, generally maintain that Pakistan's origin was secular, and that the betterment of the country lay in embracing a secularism of Western denomination.

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PREFACE

XI

In my opinion, these views reflect the personal sympathies of the authors. In fact, no generalizations are possible before the roles of various political parties are specifically studied. The purpose of the present study is not to offer an analysis or criticism of any view. It aims to analyse the role of the ulema with a focus on the Jamiat Ulema-i-lslam Pakistan during the period of 1971-7. I have been unable to locate in the political lexicography an appropriate term that could encompass the party' s role over the years. Terms such as democrat, secularist, socialist, communist, or even Islamist and. fundamentalist, convey single, pre-conceived meanings, whereas the Jamiat' s philosophic contours represented a blend of various ideologies. I have, therefore, coined the definition Munificent Islamists to explain that they were generous in adopting conflicting philosphies in their political programme. This methodology values the practice of many English litterateurs. The source material consists of original written records of the Jamiat and interviews with its leaders. It was not an easy task to locate the party records as the party does not maintain a system of formal organized archives for the benefit of professional historians. The only alternative left to me was to collect the party literature available with its leaders and workers. I travelled from Islamabad to Karachi a number of times, and consulted several personal collections. I was able to procure party publications, such as the proceedings of their executive committee, Majlis-i-Shura, and various resolutions. Apart from this, I acquired the files of the party' s organ, the weekly Tarjuman-i-lslam (Lahore). These files were of immense use in understanding not only the general policy of the party, but their political activities during the phases of history when the freedom of the national Press was curbed. For the period 1971-7, I have used official records, such as the letters of Prime Minister Zulfikar Ali Bhutto and various other state functionaries which were published by the martial law authorities in a bulky White Paper on the 1977 Elections on the alleged misuse of authority. I analysed these and other documents in the light of Prime Minister Zulfikar Ali Bhutto's

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PREFACE

XII

rejoinder produced from his death cell and other contemporary sources. I have also used Bhutto's correspondence with the leaders of the Opposition which was available from the personal collections of the concerned leaders. Apart from these documents, I have used scholarly works and biographical accounts of various leaders. I have also consulted newspapers and periodical literature. Fortunately, I was able to have access to the personal papers of Maulana Ghulam Murshad, Maulana Abdul Hakim, Maulana Abdul Haq, Mufti Mahmud, Maulana Zahidul Rashidi, Maulana Abdul Hannan, Maulana Matin Khatib, Maulana Ihtishamul Haq Thanwi, Allama Shabbir Ahmad Uthmani, Maulana Zafar Ahmad Uthmani, and Mufti Muhammad Shafi. I used the private collections of Mufti Shafi (Multan), Sheikh Muhammad Yaqub (Multan), Maulana Abdullah (Bhakhar), Tarjuman-i-lslan1 (Lahore), Qasimul Ulum (Multan), Munshi Abdul Rahman (Multan), Jamiah lslamiyah (Karachi), Jamiah lslamiyah (Rawalpindi), Darul Ulum Sarhad (Peshawar), Dr Fida Husayn (Peshawar), Maulana Fazal-i-Samdani (Peshawar), Maulana Abdul Qayyum Popalzai (Peshawar), Jamiah Ashrafiyah (Lahore). I also consulted the collections of Professor Sheikh Abdul Rashid and S. M. Ikram, preserved in the Central Library of the Quaid-i-Azam University, Islamabad. I am grateful to the librarians of the following institutions for their kind permission to use their collections: National Assembly of Pakistan (Islamabad), Senate of Pakistan (Islamabad), National Institute of Historical and Cultural Research (Islamabad), Islamic Research Institute (Islamabad), International Islamic University (Islamabad), Government Postgraduate College, Satellite Town (Rawalpindi), Government Gordon College (Rawalpindi), National Institute of Pakistan Studies (Islamabad), Quaid-i-Azam University (Islamabad), Municipal Corporation (Rawalpindi), Supreme Court of Pakistan (now in Islamabad), Cantonment Board (Rawalpindi), lslamia College (Peshawar), Peshawar University History Department, Punjab University (Lahore), National Defence College (Rawalpindi, now in Islamabad), National Archives of Pakistan

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PREFACE

XIII

(Islamabad), NWFP Assembly (Peshawar), Balochistan Assembly (Quetta), Press Information Department (Islamabad), Punjab Public Library (Lahore), Quaid-i-Azam Library (Lahore), Peshawar University Library (Peshawar), and the Press Clippings Section of the Press Information Department at Islamabad. I take this opportunity to acknowledge their assistance. I am grateful to my Ph.D. Supervisor, Dr Muhammad Khalid Masud, Professor at the Islamic Research Institute, International Islamic University (now Director, International Institute for the Study of Islam at the Leiden University), for his guidance and encouragement. I am specially thankful to Professor Dr Hyder Sindhi, Director of the National Institute of Pakistan Studies, Quaid-i-Azam University. Islamabad, and Professor Fateh Muhammad Malik, now the visiting Professor to Heidelburg University on the Iqbal Chair, for their keen interest in sorting out various procedural matters, thus providing me with an opportunity to fully concentrate on my research. I am also thankful to the staff members of the National Institute of Pakistan Studies, especially to Mr Latif and Mr Butt. I am also grateful to my brother, Sayyid Murtaza Ali Pirzada, for helping me in the processing of research materials. I also wish to acknowledge the co-operation of my wife, who helped me conduct my research at home. I have no words to express my gratitude to my father, Pir Ahmad Saeed Shah Chishti, my mother, and my mother-in-law. I am thankful to Dr Tahir Syed, Khawar Syed, Amir Syed, Nasir Syed, Syed Abid Husain, S. M. Afzal, S. M. Khursheed, Syed Mansur, Syed Abdul Ali Pirzada, Sarkar Pir Fayyaz Shah, Syed Abdul Ghaffar, Syed Nisar Hyder, and family friends Raja Muhammad Ayaz Ahmad, Adil Babaji, Dr Mubin, Muhammad Ramzan, F. D. Awan, Muhammad Salim, Mujeeb Ahmad, Raja Aslam, Sufi Majeed, and late Abdul Jamil Khan for their moral support. I am grateful to Zebra Mehdi of OUP for reading the manuscript, and to Sabiah Askari for various useful suggestions. Dr Sayyid A.S. Pirzada

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ACRONYMS AIML AUUI APJUI APKNAC BTI

CAP

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CEC COA DAC DC

ECP IB JIP

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JTIP JUH JUIP JUP MJUI MJUIWP

MNA NAP NOP NIP NMC

NUP PDM

PDP PML PML(C) PNA PPP RTC TI

TKNT UDF

All India Muslim League All India Jamiat Ulema-i-lslam All Pakistan Jamiat Ulema-i-lslam All Parties K.hatam-i-Nabuwwat Action Committee Board of Talimat-i-lslamiyah Constituent Assembly of Pakistan Constitution Committee Chief Election Commissioner Council of Action Democratic Action Committee Deputy Commissioner Election Commission of Pakistan Intelligence Bureau Jamal Islami Pakistan Jamiat Talaba-i-lslam Jamiat Talaba-i-lslam Pakistan Jamiatul Ulema-i-Hind Jamiat Ulema-i-Islam Pakistan Jamiat Ulema-i-Pakistan Markazi Jamiat Ulema-i-Islam Markazi Jamiat Ulema-i-Islam West Pakistan Member National Assembly National Awami Party National Democratic Party Nizam-i-Islam Party Nishtar Medical College Nizamul Ulema Pakistan Pakistan Democratic Movement Pakistan Democratic Party Pakistan Muslim League Pakistan Muslim League (Council) Pakistan National Alliance Pakistan People's Party Round Table Conference Tehrik-i-lstiqlal Tahaffuz-i-Khatam-i-Nabuwwat Tehrik United Democratic Front xiv

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1 JAMIAT POLITICS IN RETROSPECT

1913-1970 The ulema have always been respected in Muslim society. They played a significant role in the political and social system in India. After the collapse of Muslim authority in the eighteenth century, and the advent of Europeans, they resisted the establishment of foreign rule. They joined the armed resistance in 1857, and also started a missionary campaign to safeguard India's Muslim culture from western onslaught. The ulema refused to accept the post-1857 realities. Their anti-imperialist feelings first found expression in the establishment of the Anjuman-i-Khuddam-i-Kaaba (1913), when the holy places of Islam in Arabia were threatened by the West. This movement later developed into the Jamiat-ul Ulema-i-Hind (JUH-this is the correct name, although it is not correct according to Arabic and Persian syntax) in 1919. The ulema joined the JUH, the Indian National Congress, and the All India Muslim League (AIML). However, gradually sectarianism became the dominating force and the JUH turned into a political spokesbody of the Deoband school. This ideological stance had a significant impact on Indian politics before independence, and continues even now through the Jamiat Ulema-i-Islam Pakistan.

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THE POLmcs OF THE JAMIAT ULEMA-1-ISLAM p AICISTAN

Nationalist Struggle i.n South Asia: 1857-1947 Before proceeding further, it is necessary to define the key term of the study: ulema. An 'alim is 'one who is an expert in Prophetic wisdom and follows the teachings of Prophet Muhammad (PBUH),' says the prolific writer on the JUH, Maulana Sayyid Muhammad Miyan ( 1903-1975). 1 Maulana Akbar Shah Khan Najibabadi, (himself an 'alim) agrees that an 'alim is one who acquires the sacred knowledge of paradise, vision, luminosity, darkness, and life.2 The Encyclopaedia of Religion defines an 'alim as a learned religious scholar of Islam, guardian, transmitter, and interpreter of its sciences, doctrines, and laws and the chief guarantor of continuity in the spiritual and intellectual history of the Islamic community. 3 Put together, the above definitions attribute intellectual and religious leadership to the ulema. Islam does not give any room to ulemai-su who indulge in al-mun/carat-the wrongs postulated in Islamic teachings.• The rightly-guided ulema, therefore, have been upholding al-maruf-the right path of Islam-throughout Islamic history. At times, these ulema had to face ordeals. 5 During the Muslim rule in India, the state generally upheld Islamic tenets, therefore, the ulema did not face any need to unite for a political agenda. In the era of Emperor Akbar (15421605), they joined together for a short duration (till his death) to oppose his ·So-called religious freedom . The British, who encountered tough resistance from the ulema, were particularly hostile to them. The protection of the holy places of Islam, endangered by foreign occupation, compelled the ulema to- unite and organize their ranks politically. This development resulted in the establishment of the Anjuman-i-Khuddam-i-Kaaba in 1913: This was the first organized confrontation with the British, · which, in 1919, resulted in the formation of JUH. 6 The JUH took an active part in the All India Khilafat Movement. After the failure of the historic Khilafat Movement, which was aimed at saving the Ottoman Empire from dismemberment, the Hindus abandoned the policy of unity with the Muslims, which was the part of the Khilafat manifesto and

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JAMIAT POLmcs IN RETROSPECT: 1913-1970

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organized Shudhi and Sanghatan movements. These were armed terrorist movements against the Muslims and were aimed at converting the latter to Hinduism. The JUH and other Muslim pressure groups, in retaliation, organized tabligh missions to foil this attempt by the Hindus. After the Khilafat Movement, Indian politics (1924-1947) largely revolved around domestic developments, with the JUH opposing Hindu and British policies. After a post-Khilafat era of severe confrontation, the desire to have an indigenous Constitution prevailed. The Hindus and Muslims were drawn together in the Nehru Committee for the framing of a swaraj Constitution. The JUH rejected the Nehru Report as falling short of Muslim aspirations, and advanced a fourteen-point charter to safeguard Muslim rights in India.7 Being anti-imperialists, the JUH did not support the Nehru Committee' s demand for the establishment of a (semi) free democratic government with dominion status. The JUH President, Mufti Kifayatullah (1875-1952), said that they stood for complete freedom, renouncing all ties with the imperialist British.8 When the Nehru Committee Report was rejected and Congress started to campaign for independence, the JUH, at its 9th annuai session at Amroha on 3-6 May 1930, resolved to cooperate with it.9 The JUH along with the Majlis-i-Ahrar-i-Islam, the Parja Party, and the Khilafat Committee, joined in the All India Muslim League Parliamentary Board to contest the elections held under the Government of India Act, 1935.'0 A fourteenpoint manifesto proposed by this Board promised to protect the religious and political rights of the Muslims.i 1 The JUH participated in the election campaign with religious fervour. According to one source, Maulana Husayn Ahmad Madni (18741957), the leader of JUH, declared that a Muslim working against the AIML and not voting for its candidates would be exposed to hell-fire, in accordance with the hadith of the Proph.e t (PBUH), Wa man shadhdha shudhdha fil nar. 12 However, this fervour proved to be short-lived and soon after the polls, the JUH started strenghthening its ties with the Congress. The formation of a ministry by Congress in the United Province

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TIIE POLITICS OF TifE JAMIAT ULEMA-1-ISLAM PAKISTAN

served as the turning point. UP had always been a very important centre of politics for the political parties. Congress, with a clear majority, assigned the task of forming the ministry to Maulana Abu! Kalam Azad (1889-1958). The Maulana offered the UP Muslim League some conditions for a coalition government. The latter rejected those conditions and tenned them as 'a death warrant of the Muslim League'. A Muslim League member of the Legislative Assembly, Hafiz Muhammad Ibrahim, who enjoyed the goodwill of Maulana Madni, however, crossed the floor and accepted the offer. 13 Meanwhile, the JUH cemented its ties with Congress and convinced Maulana Madni to support its creed of Muttahidah Qawmiyyat-Composite Nationalism. In a speech which endorsed the Congress' stand, Maulana Madni stated the following: In the modem age, nations are founded on homelands; nations are not founded on the basis of race or religion. The dwellers of England are recognized as one nation, whereas they have Jews and Christians as their citizens, and such is the case with America, Japan, and France."

According to him, Hindus, Muslims, and other minorities should confront the British collectively for Indian independence, in which lay the salvation of India. The views of Maulana Madni triggered bitter reaction by Allama Muhammad Iqbal (18771938), and some prominent ulema. Iqbal composed the following historic verse: Hasan from Basrah, Bilal from Abyssinia, Suhayb from Rome; Deoband produced Husayn Ahmad, what monstrosity is theirs? He chanted from the pulpit that nations are created by homelands; What an ignorance regarding the position of Muhammad! Take thyself to Muhammad, because he is totality of Faith; And if thou does not reach him, all (thy knowledge) is Bulahabism.u

Subsequently, the Maulana started a strong campaign to bring Muslims into the Congress fold. 16

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JAMIAT POLmcs IN RETROSPECT: 1913-1970

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Disappointed by this attitude of the JUH stalwart, Maulana Ashraf Ali Thanwi (1864-1943), a renowned 'alim and a mystic, issued a fatwa which stated that supporting the AIML and joining its ranks was the only lawful course in accordance with the dictates of shariah. 17 This ruling had a far-reaching impact on Muslim politics. In the ranks of the JUH itself, Mufti Kifayatullah and Maulana Ahmad Saeed (d. 1960) were removed as President and Nazim, respectively, of the JUH in 1939 because they could not issue an immediate rebuttal of Maulana Thanwi's fatwa. More significantly, a rival body, the Jamiatul Ulema, Kanpur, was constituted. The ulema associated with Darul Ulum, Deoband, also started making infonnal contacts with the AIML, which had already begun to introduce ulema into its mainstream. The leading exponent of this thinking was Maulana Ashraf Ali Thanwi. He resigned from the Rectorship of Darul Utum, Deoband, because of its pro-Congress stance and joined the AIML. With the help of Allarna Shabbir Ahmad Uthmani (18851949), he began to unite the Muslim parties on a single platfonn in opposition to the Congress. 18 Meanwhile, the AIML adopted the historic Pakistan Resolution (1940), which outlined the distinct national character of the Indian Muslims. 19 Allama Shabbir Ahmad Uthmani, Mufti Muhammad Shafi Deobandi (1897-1976), Maulana Zafar Ahmad Uthmani (1894-1974), and Maulana Ashraf Ali Thanwi supported the idea of Pakistan and termed it as the only solution of the Indian problem. 20 The JUH joined Congress in calling the AIML's demand for Pakistan a British conspiracy to divide India. Almost the entire volume of literature officially published by,. the JUH after 24 March 1940, as well as the speeches of its top leaders such as Maulana Madni, Maulana Ahmad Saeed, and Maulana Hifzul Rahman Siyoharwi ( 1901-1962), endorsed these views. It is important, at this point, to refer to recent scholarship, particularly that of prominent writers like: Dr Hafeez Malik, Professor Ainslie T. Embree, Y. V. Gankovsky, L. R. GordonPolonskaya, Dr lmtiaz Ahmed, David Taylor, Hamza Alavi, Wayne Wilcox, and. the Pakistani politician Abdul Wali Khan,

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TifE POLITICS OF TiiE JAMIAT ULEMA-1-ISLAM PAKISTAN

and then analyse the Pakistan Resolution. According to Professor Malik, nationalism in the modem age is a 'corporate will' of the people to live toge.ther in one state under a government of their own making.21 The Indian Muslims aspired to a political order, and therefore their exercise of this right was genuine. Similar views are held by J. S. Mill, Professor Cobban, and E. Renan.22 It was evident from the Congress policy that democracy in the Indian environment would basically be 'Hindu Raj all over India' .23 Congress traced Indian nationalism to Rabindranath Tagore (1861-1941), who had said that all pre-British invadersAryans, non-Aryans, Dravidians, Chinese and Huns, and the Muslim Pathans and Mughals-have 'mixed, merged and Jost (themselves) in one body'. 24 Gandhi (1869-1948) said that 'every Muslim is merely a Hindu who has accepted Islam, and every Muslim will have a Hindu name if he goes far enough in his family history' .25 The Muslim proposal of Pakistan was to avoid such Hindu dominance. The second theory, supported by Gankovsky, Wilcox, and Wali Khan, argues that the idea of Pakistan originated with the British. According to Gankovsky and Gordon-Polonskaya, Pakistan came ink> being as a result of class struggle, wherein the capitalist British played a key role to further their imperialist designs. 26 Wilcox27 and Wali Khan28 are of the view that the idea of Pakistan was British sponsored. The thesis by Wilcox and Wali Khan is based on two premises, namely, that Quaid-i-Azam Mohammad Ali Jinnah (1876-1948) and the AIML served British interests, and that it was the Congress which finally gave the go-ahead to the British to concede Pakistan to the AIML.29 The first premise is refuted by the admiration of ~...:veral notable English men for Jinnah, and their frustration over his uncompromising temperament. Noted British functionaries such as Sir Percivel Griffiths, a member of the Indian Civil Service,30 and. Sir Stafford Cripps (1889-1952), regarded Jinnah as, 'one of the very few Indian politicians who are, in the widest sense, incorruptible,' and a 'man of the highest standard of probity and honor' .31 According to Frank Moraes, he ·was one of the very few intellectually honest politicians.32 Dr B. R. Ambedkar said that 'no one could buy him' .33

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As regards the other premise, there is sufficient evidence to repudiate the thrust of the argument. Lord Irwin, Viceroy of India, did not invite Jinnah to the concluding session of the Round Table Conference.34 Jinnah condemned the White Paper (1933) and its constitutional reforms. 35 He refused a 'high fee' for a case which supported the Ottawa Pact in the Legislative Assembly because it gave preference to British goods.36 The Governor of UP termed Jinnah an 'arch enemy of the British Raj' .37 Lord Linlithgow told the Secretary of State that Muslim claims of sufferings under the Congress rule were 'notgenuine,' 31 and that the Pakistan Resolution did not have 'much importance' .39 Secretary of State of India, Lord Zetland told him that the Muslim scheme for partition was 'silly.' 40 The latter categorically told Hindu businessmen at Calcutta that, 'geographically, India was one' .41 Viceroy Linlithgow's successor, Lord Wavell ( 1883-1950), continued the proCongress posture of his predecessor. In his first address to the Central Legislature, he said that the Indian geography could not be 'altered' .42 He made no secret of having 'never liked' Jinnah, 43 besides openly adopting a partisan attitude in the implementation of the Cabinet Mission Plan (1946) to the detriment of AIML. Lord Mountbatten ( 1900-1979) started his rule (1946-1947) with the impression of Jinnah (painted by Nehru) that he was nothing more than a 'mediocre lawyer with an obsession for Pakistan. ' 44 He described the Muslim demand for a homeland as a 'mad Pakistan. ' 45 He admitted having 'tried every trick' that he 'could play, use every appeal' he 'could imagine' to dissuade Jinnah from the Pakistan demand.46 This brief exposure of the British version refutes the accusation that Jinnah was serving the their interests. Wali Khan's thesis is thus not founded on historical evidence. For example, his argument that Sir Zafar Ullah Khan (1893-1985) authored the Lahore Resolution is baseless, because the former made no mention of it in his memoirs published in 1974.47 Two more recently developed theories explain the movement for Pakistan sociologically. These are the Muslim salariat theory and the Ashrafand Ajlaftheory. According to Hamza Alavi, the

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llfE POLmCS OF THE JAMIAT ULEMA-1-JSLAM PAKISTAN

concept of a Muslim nation was a product of the Muslim salaried social class. After the colonial transformation, they feared domination by their Hindu counterparts in a united India. 48 The theory, however, is not substantiated with solid facts. It was only in 1946, when the establishment of Pakistan was almost finalized, that the AIML high command came into close contact with the higher rungs of Muslim bureaucracy. As far as the ulema were concerned, none of those who professed solidarity with the AIML belonged to the salaried class. The protagonist of the Ashraf and Aj/af theory, Dr Imtiaz Ahmed of the Jawaharlal Nehru University (India), supported by Pratap C. Aggrawal and Western scholars D. Taylor and J. Piscatori, argues that Muslim society consists of Ashraf-Muslims belonging to four groups of foreign descent, namely Sayyids, Shaykhs, Mughals, and Pathans, and Aj/af-converts to Islam, especially from low Hindu caste. Both Ashraf and Ajlaf, according to them, are endogamous.49 The Ashraf constitute the ruling elite of Muslim society. According to Taylor and Piscatori, the demand for Pakistan by the AIML was an attempt to protect the vested interests of the Ashraf, which were threatened in an undivided India.50 This argument, however, lacks the support of historical evidence. Almost all writers on Pakistan in general, and the Muslim historians ()f the Pakistan school in particular, have acknowledged that the Congress rule in India (1937-1939), which generally added to the misery of Muslims, served as a major impetus for the demand for Pakistan. The protagonists of the Ashraf and Ajlaf theory have not come up with a convincing argument to support their allegations that the sufferings of Muslims during this period were restricted to the Ashraf alone. Secondly, the ulema who supported the AIML came from the less-privileged class and could not be called Ashraf51 The Pakistan Resolution, therefore, proved to be a turning point in Indian history in general, and for the nationalist parties in particular. The JUH, which was by now formally aligned with the Congress, hastily arranged an Azad (independent) Muslim Conference in April 19fl0, at Delhi. All pro-Congress

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Muslim factions participated in it to challenge the authenticity of the AIML and its Pakistan plan. Maulana Madni repudiated the Resolution in his presidential addresses at the annual sessions held at Jownpur (1940), Lahore (1942), and Saharanpur (1945). The JUH also provided religious justification to their collaboration with Congress . Maulana Madni, Maulana Muhammad Miyao, Maulana Sayyid Fakharul Din Ahmad (d. 1971), Maulana Abdul Haq, and Maulana Ahmad Ali Saeed (d. 1962), Na'ib Mufti, Darul Ulum, Deoband, (later referred to as Maulana Ahmad Ali, and also with the suffix Lahori) among others, issued fatwas in which they legitimized the concept of Composite Nationalism. Allama Shabbir Ahmad Uthmani, Maulana Muhammad Idris Kandhalwi (1898-1974), Maulana Zafar Ahmad Thanwi, Mufti Jamil Ahmad Thanwi (1905-1994), Maulana Shabbir Ali, and Maulana Khair Muhammad Jalandhari (d. 1970), on the other hand, issued fatwas in which Composite Nationalism was declared contrary to Islam and the demand for Pakistan was sanctioned as lslamic.' 2 The master-stroke, however, was the scholarly fatwa by Mufti Muhammad Shafi, the Grand Mufti of Deoband, in which he ruled that the demand of the AIML was the only Islamic course open to the Muslims in India in the light of the Quran and Sunnah.' 3 After this fatwa, the JUH closed the debate. Meanwhile, Allama Uthmani, with the help of his colleagues, succeeded in bringing over prominent ulema to the AIML's point of view. A four-day conference was held at Muhammad Ali Park, in Calcutta, on 26 October 1945. The Bengal Muslim League leaders Khawaja Nazimuddin (1894-1964) and Husayn Shaheed Suhrawardy (1893-1963), besides Maulana Zafar Ahmad Ansari (d. 1991), Maulana Aaad Subhani (1882-1957), Maulana Raghib Ahsan (1905- 1975), Maulana Shafiq Ahmad Uthmani, Abdul Jabbar Wahidi, and Sayyid Muhammad Uthman helped in gathering ulema from all over India. Allama Uthmani, however, was not able to preside over the conference. His message was read out by Maulana Muhammad Matin Khatib ( 1908-1982). Maulana Zafar Ahmad Thanwi presided over the conference.

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In his message, Allama Uthmani argued that according to Islam, there were. only two nations-one comprising the Muslims, and the other consisting of non-Muslims. The hundred million Muslims of South Asia were a separate nation, and they could not constitute one nation with the non-Muslim communities of the region. They needed a centre where they could live according to the principles of Islam. He criticized the theory of Composite Nationalism. The AIML, he said, had no doubt some weaknesses, but he called upon the Muslims to join its ranks and provide it with better workers. Jinnah, he said, knew the intricacies of modern politics. He was incorruptible and not susceptible to undue pressure. 54 Allama Uthmani deplored those, who dubbed Jinnah as Kaftr-i-Azam, or great infidel, and those who used abusive language against Maulana Madni.55 The Calcutta conference founded the All India Jamiat Ulemai-Islam (AIJUI), and elected Allama Shabbir Ahmad Uthmani as its President. Maulana Sayyid Muhammad Quraysh was elected Nazim. Other office holders included Maulana Matin Khatib Naib Nazim, Maulana Zafar Ahmad Uthmani, Pir Sahib of Sarsina Sharif, Allama Muhammad Ibrahim of Sialkot (d. 1956), and Pir Ghulam Mujaddid Sirhindi (d. 1958) as Vice Presidents. 56 A twelve member shura was also appointed.57 The aims and objectives of the AIJUI were outlined in a detailed resolution. 58 The AIJUI arranged party conferences at Meerut, Delhi, Madras, Bombay, Lahore, Peshawar, and Hyderabad in support of the demand for Pakistan. 59 A number of ulema and political workers, after receiving the news of the establishment of AIJUI, addressed a series of letters to Allama Uthmani inquiring about his support for the idea of Pakistan.60 His support of the AIML, which had Communists, Mirza'is, and Shi'ites as members, was questioned. They objected to his acceptance of Jinnah's leadership. They were ' also of the opinion that in Pakistan, educational syllabi would be secularized. Defending the AUUI, the Allama asserted that the AIML was fighting for Muslim salvation. It consisted of a majority of Sunnis, and all the groups were struggling for a

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common cause-not for their individual objectives. He said that he pitied those ulema who were closer to the Hindus than to their fellow Muslim brothers, the Leaguers. He defended the AIML leader, who although not an 'alim, had sound knowledge of modem politics.61 When the Allama did not agree to sever his ties with the AIML, a JUH delegation lead by Maulana Madni held a dialogue with him on 1 December 1945. The Allama however did not yield. He categorically turned down the JUH's request to retire from politics, saying he would not exclude himself from something which he thought was correct in all respects.62 He advised the JUH delegation to join the AIML and work for the collective betterment of the Indian Muslims. 63 Allama Uthmani and the workers of the AIJUI campaigned for the AIML candidates in the 1946 polls. He emphasized to the Cabinet Mission that the AIML was the only true representative of the Indian Muslims. Due to the efforts of Allama Uthmani, in the referendum the NWFP voted for Pakistan despite the opposition of the Red Shirts. In the Eastern wing, in Sylhet, the AIJUI Vice-President, Maulana Zafar Ahmad Thanwi, played a similar role, as a result of which both areas voted for Pakistan. The above analysis proves that a strong group of Deobandis supported the demand for Pakistan,64 though the majority of the school was aligned with the Congress. Alavi's thesis, therefore, is incorrect that 'every Muslim group was hostile to Jinnah. ' 65 Similarly, the analysis of Professor Embree and Anwar Syed, that Deoband in totality opposed the struggle for Pakistan, is also not valid. 66 In fact, such scholars appear to have built their theses on the source-material available in the English language alone, and thus make glaring mistakes. For instance, Professor Ziring writes that, 'the Pagaro Muslim League, the Pakistan Democratic Party (PDP), the Tehrik-i-Istiqlal (Tl) and the Jam'iat-ul-Ulama-i-Pakistan' were pre-partition parties, whereas all of them were founded after 1947, except for the Pagaro Muslim League faction. 67 Elsewhere he describes 'Islamic Socialism' as the ideology of Pakistan. 68 He very conveniently ignores the mass support for the idea of Pakistan at the Lahore

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·· session of the AIML ( 1940) which was endorsed by the 1946 polls. He also overlooks the fact that the demand for Pakistan was according to the dictates of political philosophy advanced by eminent Western intellectuals such as Hans Kohn, Louis L. Synder,69 j,. S. Mill, Cobban, and Renan.70 Another leading scholar on the topic of religion and politics in Pakistan, Leonard Binder, has advanced the thesis that the Deobandis 'borrowed' from Iqbal and Maulana Abul Ala Maududi (1903-1979).71 The actual situation, however, is the other way round. The Deobandis, ever since Iqbal's castigation of Maulana Madni , did not even recognize him as a philosopher.72 They were of the view that Maududi was not a good Muslim due to his peculiar interpretations of Islamic injunctions.73 Even though reputed writers such as Dr Ishtiaq Husain Qureshi (1902-1981 ), Dr H. B. Khan, and Ziyaul Hasan Faruqi unanimously agree that the ulema have always been antiimperialist,74 still Taylor is of the opinion that the ulema had always been divided in their approach to the colonial power.75 Alavi, like Dr M. Naeem Qureshi, believes that, 'the hallmark of the Deobandi ulema was their unremitting anti-colonialism. ' 76 According to the Soviet orientalists Gankovsky and GordonPolonskaya, Hindus were granted admission in Darul Ulum Deoband-a purely Islamic seminary. They allege that Punjab' s traders, money-lenders, and landlords founded a new sectAhmediyya, proclaiming Mirza Ghulam Ahmed (1839- 1908) as the new Muslim prophet. 77 Wolpert, while writing on Bhutto, refers to the Jamiat Ulemai-lslam Pakistan as 'Balochistan Jamiatul-Ulemi-i-lslam' and then as a Frontier party; to the West Pakistan Governor, the Nawab of Kalabagh, as 'Punjabi chief minister, the nawab of Kalambagh'; to Bhutto as Chancellor of Quaid-i-Azam University (Islamabad); and to government official Dr Kaniz as a political worker. His list of personalities interviewed, includes University teachers Dr Riaz, Dr Sikandar, Dr Naeem, Dr Zaidi, and Col. Abbasi, who never wrote a single word on Bhutto. The above and many others, like actress Zeba Bakhtiar, then only a teenager, were interviewed who did not share even a few

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moments with Bhutto, were referred to as his 'colleagues.' He ignored the national press (Urdu and English) in toto, as also Opposition leaders such as Mufti Mahmud, Maulana Shah Ahmad Noorani, Mian Tufail, Asghar Khan, and others. 78 Yet another scholar, Sheila McDonough. who is a contributor to a compilation on lndo-Pakistan, writes that Pakistan came into existence in August 1948.79 This aspect of Western research does not live up to the standards of careful scholarship.

Struggle for an Islamic State: 1947-1958 Pakistan came into being in 1947 and Allama Uthmani, who had been elected as member of the Constituent Assembly of Pakistan (CAP) on the AIML ticket in the 1946 elections, reorganized the AIJUI as Markazi Jamiat Ulema-i-lslam (MJUI), opening its office in Karachi.'° His foremost priority was the transformation of Pakistan into an Islamic state, which was an arduous task. The resolution at the Calcutta conference of the AIJUI had clearly defined Muslims as a free Islamic mi/lat. The party stood for establishing a world-wide Islamic caliphate, and for reintroducing an order based on the shariah. The MJUI chief stated that in Pakistan, 'as far as possible, a system based on justice and Sunnah of the Prophet (PBUH) will be enforced,' 81 and that Pakistan would have a government founded on the Quranic principles of justice and fair play, acceptable to both the Sunnis and the Shi'ites.82 Maulana Zafar Ahmad Thanwi and Allama Uthmani met the Quaid in Bombay on 11 June 1947, when he assured them that Pakistan would have an Islamic constitution. It would be an Islamic state, and the pattern of secular Turkey would not be adopted. A similar account has been referred to by the Pir of Manki Sharif (1923-1960) from the NWFP. 83 After the announcement of the 3 June 1947 Plan, an Ain Saz Majlisul Ulema Pakistan (a body of ulema) was established by Maulana Shafiq Ahmad Siddiqui to frame an Islamic constitution for Pakistan. The presidentship was offered to Allama Uthmani, who accepted it. 84

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Soon after independence, the Allama founded Jamiatul Mujahidin, Islamic Education Society, All Pakistan Arabic Society, as well as Jamiat Ukhuwwat-i-Islamiyah Pakistan to boost his party objectives. as These organizations worked under his presidentship with the association of the CAP Speaker, Maulwi Tamizud Din (1889- 1963). The Allama asked for a declaration from the CAP that the essential points in the constitution would be based on Islamic principles, for example: (a) That government and sovereignty would belong to Almighty Allah; (b) That the sovereign authority that Allah has bestowed upon this state (mamlikat) through the medium of the masses (jamhur) would be utilized within the precincts prescribed by Him. Muslims would practice Islam through their individual and collective actions. No ordinance, bill, or law would be adopted contrary to Islamic teachings. The constitution would protect the predetermined rights of the minorities; however, they would enjoy full freedom of creed.86 The Allama did not, however, concede the idea of equal status for Muslims and non-Muslims. The latter could have a place in the administrative machinery of the state, but they could not be entrusted with the responsibility of framing the general policy of state, or dealing with matters vital to its safety and integritya view 87 shared by the Jamat Islami Pakistan (JIP). This stance of the Islamic state was decried by the protagonists of secularism, Islamic socialism, and democracy. 'Theocracy,' according to Josephus, who coined the term secularism, 'is a state in which the ultimate sovereignty is God. ' 88 The Fontana Dictionary of Modem Though! defines 'secularism' thus: At its minimum, secularisation means the decline of the prestige and power of religious teachers. It involves the ending of state support for religious bodies; of religions teachings in the national schools; of religious tests for public office or civil rights; of legislative protection for religious doctrines (e.g. the prohibition of contraception), and of the censorship or control of literature, science, and other intellectual activities in order to safeguard religion. Individuals are then free to deviate openly from religious Dogmas and Ethics.19

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Allama Uthmani's views no doubt reflected a theoretic state as it recognized God's sovereignty,90 whereas Quaid-i-Azam castigated the notion of a 'theocratic State to be ruled by priests with a divine mission' .91 Prime Minister Liaquat Ali Khan (1895-1951) also opposed mullaism-a theocracy.92 After reorganizing the MJUI, Allama Uthmani continued to support the Muslim League government. In 1948, when Maulana Maududi gave a ruling that the war in Kashmir was not a jihad because neither belligerent had abrogated the bilateral agreements, 93 Allama Uthmani issued a fatwa to the opposite effect. Ulema throughout the world endorsed his ruling. 94 ~e also wrote to Maulana Maududi, trying to convert him to his opinion. In a letter dated 7 July 1948, he argued that after India flouted the agreement by occupying Junagadh, Pakistan was also not obliged to abide by the agreement. 9s Maulana Maududi, in his reply dated 13 July 1948, raised the question of the continued maintenance of diplomatic ties which were evident in the import of items such as coal, sugar, and cloth from India. This · association (with India), he said, was of a peaceful nature. 96 In his r!!joinder of 8 August 1949, Allama Uthmani pointed out that India had waged a war against Pakistan, and thus the latter was left with no option but to retaliate against the aggression. The Pakistan government, he continued, had admitted before the Kashmir Commission that her forces were at war with lndia.97 Maulana Maududi did not rebut his arguments in his letter of 6 September, but in his subsequent letter of 16 September 1948 he did agree that, after Foreign Minister Zafar Ullah Khan's admission that the Pakistan army was present in Kashmir, the war in Kashmir was a jihad.98 Thus, Maulana Maududi did concede his mistake indirectly. 99 The principal task before the MJUI, however, was the framing of an Islamic constitution. For this purpose, the Allama, along with the Pir of Manki Sharif, a prominent Muslim Leaguer from the NWFP, began to form a shariah group in the Muslim League. 100 Allama Uthmani is even said to have been asked by Liaquat Ali Khan to frame a blueprint of an Islamic constitution, which he did in mid-1948. 101 Meanwhile, the Allama continued

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THE POLmcs OF THE JAMIAT ULEMA-1-ISLAM PAKISTAN

to ask the government, through his speeches, to honour their commitment to enforcing an Islamic system of government: When the Quaid visited Dhaka in March 1948, Maulana Zafar Ahmad Uthmani complained to him about the non-fulfilment of the Muslim League's pledge of formulating an Islamic constitution. The Quaid promised to take up the matter after solving immediate problems.1 02 However, no substantial progress had been made by the time of the Quaid's death. In his tour of East Pakistan in May 1949, Allama Uthmani referred to the Quaid's remarks that, 'Pakistan has come into being to stay,' and said that this did not mean that Pakistan would remain in being 'even if its people would renounce Islamic principles' .1°3 Speaking at a largely attended congregation of ulema and mashaikh at the end of his visit, he said that he regarded the attainment of a sovereign state as a means towards the establishment of an Islamic state the world over. 104 The efforts of the MJUI bore fruit when the Objectives Resolution was moved in the CAP. Allama Uthmani, while supporting the Resolution on 9 March 1949, observed that the concept of separation of religion from politics was alien to the teachings of Islam. The rulers must fulfil the pledge of making the country an Islamic state. The state was bound to protect the rights of its non-Muslim citizens-they could hold official positions except for key posts in the government. He pointed out that an Islamic economic system should be adopted because it was better than capitalism or communism. 105 Prime Minister Liaquat Ali Khan and Dr I. H. Qureshi opposed the Allama's contention about minorities, and asserted that non-Muslims should be equal participants in government and politics. 106 Mian Iftikharud Din ( 1907-1962) and the Hindu members opposed the Objectives Resolution because of its Islamic content. However, the CAP adopted it on 12 March 1949 and set up a Basic Principles Committee (BPC), of which Allama Uthmani was a member. The BPC set up a Board of Talimat-i-Islamiyah (Islamic Teachings) (BTI), led by Allama Sayyid Sulaiman Nadwi (1884-1953) to advise the constitution-makers on Islamic matters. Allama Uthmani, Mufti

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Muhammad Shafi, Professor Abdul Khaliq, Dr Hamidullah, and Mufti Jafar Husayn, a Shi'ite Mujtahid, were Board members; Maulana Zafar Ahmad Ansari was the Secretary. The MJUI considered BTI an important forum because Allama Uthmani, Mufti Shafi, and Maulana Ansari were influential members. Secondly, BTI was founded on the pattern of one which existed in Iran consisting of Mujtahiddin who enjoyed powers to stop legislation if in conflict with Islam. 107 It may be recalled that the Persian Constitution of 1906 provided for a separate Committee of Mujtahiddin to supervise the legislative activity of the Maj/is-parliament-which would exclude the possibility of erroneous interpretation of lslam. 108 Allama Iqbal did not approve of such monitoring, except as a 'temporary measure' .100 The views of the BTI, therefore, on certain items referred to them, reflected a dominating influence of the MJUI. The BTI recommended that a bill militating against the Objectives Resolution and shariah be declared null and void on the recommendations of a Committee of Experts on shariah. It also advocated the head of state to be a practising male Muslim who should be elected by the members of Federal House and Committee of Experts on shariah. The head of state, it stated, could grant pardon in various punishments except those pertaining to the hudud. His salary should not exceed forty times of the emoluments of the lowest-paid government servant; he could be removed from office on becoming an apostate or having promulgated ordinances against shariah; and he could be summoned in a court of law. The head of the Federal Committee of Experts on Shariah should officiate as head of state in the absence of the latter. Other recommendations of the BTI included election of women to the legislatures, proposing virtuous and literate persons to various offices, discouraging office seekers, and promoting vocational representation in legislation . Regarding the minorities, the BTI recommended that only those non-Muslims who diq not oppose Pakistan would be permitted to contest the elections. 110 The recommendations of the BTI were not received enthusiastically by the members of the CAP,

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which disillusioned Allama Uthmani during his last days. He died on 13 December 1949.111 With his death, an important phase in the enactment of the Islamic constitution came to an end. 112 The views of the BTI were not substantially adapted in the Interim Report introduced in the CAP on 7 September 1950, 113 though a claim to the contrary was made by the Prime Minister. Prominent legislators were not ready to accept the ulema as the final authority to decide what was repugnant to Islam. 114 Liaquat Ali Khan's support of socialism also clouded the promotion of the idea of an Islamic state. 115 The MJUI, which by now had been reactivated under the presidentship of Allama Sayyid Sulaiman Nadwi, therefore joined the anti-Interim Report campaign. The Interim Report was ultimately withdrawn, and a Suggestions Committee was appointed which was led by Sardar Abdur Rab Nishtar. The CAP's procedural restrictions in the publication of BTI's views, which were not accommodated in the Interim Report, and the mandate of the Nishtar Committee, strengthened the rumours that the latter had failed to arrive at a consensus on the points referred to them. 116 The MJUI resolved to remove this impression, and with the initiative of Maulana lhtishamul Haq Thanwi (1915-1980), a convention of ulema of all schools of thought was held at Karachi on 21 January 1951 with Allama Nadwi in the chair. The MJUI dominated the convention, as out of thirty-one delegates, nineteen were its members, and the rest represented JIP, Jamiat Ulema-i-Pakistan (JUP), Jamiat Ahl-iHadith, Jamiat Hizbullah, Anjuman Khuddamud Din, and Idarahi-Aliyah Tahaffuz-i-Huquq-i-Shiah Pakistan. The convention unanimously adopted twenty-two fundamental principles of an Islamic state, which were despatched to the Nishtar Committee for consideration as a basis for the constitution. 117 During this period, the concept of an Islamic state was a heatedly contested subject among politicians as well as scholars. The protagonists of secularism, for example, Justice Munir, Mushtaq Ahmad, Leonard Binder, Anwar Syed, Khalid Bin Sayeed, M . Rafique Afzal, Keith Callard, Ishtiaq Ahmed, and

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S. M. Zafar, built their argument on Jinnah's speech of 11 August 1947. In this speech, Jinnah stated that (in Pakistan) religion would have 'nothing to do with the business .of the state'. 118 An analytical appreciation suggests that Jinnah never applied the term 'secularism' in his speech. As GovernorGeneral, he had been saying on different occasions, 'it is the duty of the government to protect religious beliefs of its subjects'; 119 'you are free to go to your temples and mosques, the State will have nothing to do with any religion';120 we will march to the 'renaissance of Islamic culture'; 121 our aim should e 'to secure liberty, fraternity and equality as enjoined upon us vy Islam'; 122 Pakistan was aimed at a 'free play of Islamic social justice'; 123 God would rend the clouds on Pakistan and shower His blessings as He did on Prophet Ibrahim; 124 'if we take our inspiration and guidance from the Holy Quran, the final victory will be ours'; 125 'our salvation lies in following the golden rules of conduct set for us by our great lawgiver, the Prophet of Islam (PBUH); 126 now you have to stand guard over the development and maintenance of Islamic democracy, Islamic social justice and equality of manhood; 127 Pakistan is the premier Islamic state;128 'Pakistan's Constitution will be of a democratic type embodying the essential principles of Islam; 129 enhance the glory of Islam; 130 Musalmans believe in one God, one Book-the Holy Quran and one Prophet (PBU H) ; 131 and Pakistan has now been brought under a rule, which is Islamic Muslim rule, as a sovereign independent state.132 Speaking at a public reception at Chittagong on 26 March 1948, he said, 'You are only voicing my sentiments and the sentiments of millions of Musalmans when you say that Pakistan should be based on sure foundations of social justice and Islamic socialism,' which clearly emphasized the equality and brotherhood of man. 133 The above statements make it clear that Quaid-i-Azam did not wish to oust Islam from Pakistan's sociopolitical life, as envisioned by Sabine and other secularists. 134 Similarly, a state committed to Islam refuses any room to secularism. Dr Javid Iqbal advances the theory that Islam does not recognize the distinction between the 'spiritual' and the

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THE POLITICS OF THE JAMIAT ULEMA-1-ISLAM PAKISTAN

'profane', and hence embodies an ideal secular content in its fabric .13s In fact, while building this thesis, Dr Javid Iqbal incorrectly adapted the views of Allama Iqbal, who completely rejected a polity founded on the negation of God and religion. 136 A leading jurist, S. M. Zafar, argues that in politi.cs, 'spiritual and secular matters' are separated. The former ended with the (seal of) Prophethood of Muhammad (PBUH), while the latter was adopted in a democratic manner through the election of the first Caliph. 137 This thesis does not portray history appropriately because Caliph Abu Bakr did not enjoy the wide jurisdiction which is valued by modern secularism. This argument also dismisses the view of Justice Munir that the ulema left the secular arena to the discretion of Muslims, as the Muslims (including the rulers) do not enjoy any jurisdiction beyond the parameters fixed by Islam. 138 Another theory, associating the destiny of Pakistan with Islamic socialism, propounded by Professor Mohammad Usman and Sibte Hasan, lacks support because socialist philosophy, founded on the principle of negation of God, was never accredited as a genesis of a separate homeland by the AIML.139 In fact the appeal of Congress President Jawaharlal Nehru (1889-1964), during his Muslim Mass Contact Movement after the 1937 polls, to ameliorate the lot of Muslims through the medium of socialism, failed drastically .140 With the death of Liaquat Ali Khan, a countrywide agitation against the Ahmedis resulted in a deteriorating law and order situation, which relegated constitution-making down the priority list of Khawaja Nazimuddin's ministry. This movement was eventually utilized by the MJUI to bolster their demand for an Islamic government. The genesis of the agitation lay in the claim of 'prophethood' in India by the founder of the Ahmedi sect, Mirza Ghulam Ahmed of Qadian. The MJUI's founder President, Allama Shabbir Ahmad Uthmani, had ruled Ahmadis as apostates in his fatwa entitled Al-Shihab. He also declared that they could be given a death sentence. 141 Mirza Ghulam Ahmed was, therefore, a deviator. Ahmedis were never a Muslim sect as referred to by Binder, Anwar Syed, Callard, Khalid Bin

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Sayeed, Hayes, Gankovsky and Polonskaya, Weekes, Tinker, Ishtiaq Ahmed, and M. Rafique Afzal. 142 A strong feeling of resentment against Qadianism 143 was prevalent among the ulema. A speech made by the Foreign Minister of Pakistan, Zafar Ullah Khan, a Qadiani himself, on 18 May 1952 exploded the situation. He stated that Qadianism was 'a plant implanted by God Himself,' and that 'if this plant were removed, Islam would no longer be a live religion but would be like a dried-up tree having no demonstrable superiority over other religions' .144 Mirza· Ghulam Ahmed, the prophet of the Ahmedis, was 'commissioned by God for Tajdid-i-din' (religious reformation)' and 'for preserving Islam's purity and originality and for removing from it various mistakes, errors or innovations' . 145 This statement antagonized the ulema. As a result, Tahaffuz-i-Khatm-i-Nabuwwat Tehrik (TKNT) was started. The MJUI played a key role in TKNT. In the hierarchy their contingent, which included Allama Sayyid Sulaiman Nadwi, Maulana Thanwi, Mufti Shafi, Mufti Muhammad Hasan (1880- 1961), Maulana Ahmad Ali, Maulana Muhammad Ali Jalandhari (d. 1971), Maulana Sayyid Noorul Hasan Bukhari, Maulana Ghulam Ghaus Hazarvi (1885-1981), and Maulana Abdul Hannan, outnumbered other religious parties.146 They demanded that Qadianis be declared a non-Muslim minority, removed from all key posts, and Zafar Ullah Khan should be dismissed from the foreign ministership. To materialize these demands, the party actively participated in various forums- All Pakistan Muslim Parties Conference (Karachi), All Pakistan Muslim Parties Convention (Lahore), All Religious Parties Convention, and Punjab Majlis-i-Amal. They also took part in the protests held in various cities, which led to a worsening of the law and order situation, and finally resulted in the imposition of martial law in Lahore. During this period, the MJUI consolidated its political pressure for the demand of an Islamic constitution. A party delegation also called on Prime Minister Khawaja Nazimuddin. On 22 December 1952, a draft constitution was presented in the CAP. The ulema held a convention, with the majority of the

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participants belonging to the MJUI, at Lahore on 11 January 1953 to discuss the proposals. The convention proposed amendments which were largely offshoots of the twenty-two points they had presented before, except for those which related to the non-Muslim status of Qadianis and for the reservation of seats for them. 1• 7 However, the MJUI was not satisfied with the slow progress of constitution-making and its Islamic complexion. Their simmering discontent came to the forefront in March 1953 when the MJUI East Pakistan, under the leadership of Maulana Athar Ali Khan, relinquished the party's policy of working as a pressure group attached independently to the Muslim League, and decided to contest the forthcoming provincial polls under the banner of Nizam-i-Islani. It was later reconstituted as the Nizam-i-Islam Party (NIP). The NIP, Krishak Sramik Party, Awami League (AL), and Ganotantry Dal formed the United Front to contest the 1954 provincial elections in East Pakistan, with the specific aim of defeating the Muslim League. The NIP maintained its Islamic association by including its various Islamic points in the Front's programme. i.a A few of the MJUI' s East Pakistani workers did not like the NIP's opposition to the Muslim League. Maulana Zafar Ahmad Uthmani organized an All Pakistan Jamiat Ulemai-Islam Conference in Dhaka on 23 January 1954 to clarify that the party was still in alliance with Muslim League in the elections. He expelled those members who were with the NIP. 1• 9 The NIP succeeded in obtaining twenty seats. The victory of the NIP was largely due to its Islamic programme, which was affiliated with Allama Shabbir Ahmad Uthmani's dream of a state with an Islamic system of government. Two of the NIP nominees were taken into the Front's short-lived ministry led by Maulwi Fazalul Haq (1873-1962).1 50 Meanwhile the constitution was implemented on 23 March 1956. Mufti Mahmud (1919-1980) and Maulana Ahmad Ali hailed it as 'a victory of the Muslim masses and the ulema' . 151 The MJUI, which had played a substantial role in adjusting the Islamic content of the 1956 Constitution, 152 along with other parties, however, failed to create a political constituency for

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itself and continued to tag along with the Muslim League. This political dependence had first resulted in the formation of NIP, and two years later, Markazi Jamiat Ulema-i-Islam West Pakistan (MJUIWP) was founded at a convention held at Multan on 7 October 1956. An Islamic system of government, implementation of Islamic teachings in all walks of life, and a republican system through the mechanism of separate electorates with minority status for the Qadianis, were the salient features of the MJUIWP's aims and objectives.u 3 The MJUI objected to the formation of the MJUIWP, but did not opt for a confrontational posture with it. Instead, their own organizational network became inactive. Thus it was the latter that remained active on the political sceite. 1S4 The foremost problem which occupied the MJUIWP's attention was the question of separate electorates. The mode of election had not been settled in the 1956 Constitution, and the National Assembly subsequently decided upon the system of joint electorates. This caused concern in the camps of the MJUIWP and MJUI as it would provide an opportunity to the Qadianis in West Pakistan, and the Hindus in East Pakistan, to infiltrate among Muslims and obstruct Islarnization. 155 A similar opinion was shared by the JIP. The MJUI parted ways with the Muslim League due to its lukewarm attitude to the idea of an Islamic state. The MJUIWP set up a parliamentary board which issued a fourteen-point manifesto promising Islamic social justice, an Islamic constitution, and an independent foreign policy . 156 It was on these broad principles that a Constitution Subcommittee consisting of Maulana Shamsul Haq Afghani (1898-1993), Allama Khalid Mahmood, and Mufti Mahmud re-examined the 1956 Constitution and proposed various amendments in line with the party's objectives. 157 This entire exercise for the forthcoming polls under the 1956 Constitution, however, proved fruitless when General Muhammad Ayub Khan (1907-1974) imposed Martial Law and banned party politics.

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Political Role of the Ulema in the Ayub Era: 1958-1969 A ban on party politics was imposed during the early phase of Martial Law, but the MJUIWP set up a non-political body, Nizamul Ulema Pakistan (NUP). Its objectives were religious, mostly directed towards reorganizing the madrassas, but on occasion it did indulge in politics. The Amir and Nazim-i-Ala of the MJUIWP, Maulana Ahmad Ali and Maulana Ghulam Ghaus Hazarvi, were elected as the NUP Amir and Nazim-i-ala at a convention held at Lahore on 23 June 1959} 58 The ulema did not approve of Ayub Khan's conception of Islam. Speaking at the opening ceremony of lslamia University, Bahawalpur, Ayub Khan said that the Islam was 'a religion of progress. The phenomenal progress of the companions of the Prophet (PBUH) was made simply by acting on the principles of Islam' . 159 Addressing a congregation of scientists, he said that the 'Islamic way of life means scientific advancement and progress coupled with Islamic principles' .160 On another occasion he said that in the modem age, the foremost task before the Muslims was to present Islam in a light, and in a language that could be seen and understood by the research student working in a laboratory, the professor teaching at a University, as much as by a farmer ploughing his field, and the worker employed in a factory. Each according to his capacity will be able to derive warmth and inspiration from lslam. 161

To provide Islam with a new orientation, Ayub exhorted the ulema to acquaint themselves with the advancement of science, philosophy, economics, and contemporary history. However, he had nothing to say on the lslamization of society, which was the principal concern of the ulema. According to him: Since no one had defined the fundamental elements of an Islamic constitution, no Constitution could be called Islamic unless it received the blessings of the ulema. The only way of having an

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Islamic Constitution was to hand over the country to the ulema and beseech them 'lead kindly light'. This is precisely what the ulema wanted. A Constitution could be regarded as Islamic only if it were drafted by the ulema and conceded them the authority to judge and govern the people. This was a position which neither the people nor I was prepared to accept, opposed as it was to the fundamental democratic principle that all authority must vest in the people. 162 The above approach by Ayub placed his government and the ulema and religious parties in diametrically opposed positions. The NUP criticized the composition of the Constitution Commission set up by the government to advise on a new constitution, as no renowned 'alim was included as a member. The proposed names of Maulana Shamsul Haq Afghani, Maulana Yusuf Binnori (1908-1977), Maulana Ihtishamul Haq Thanwi, and Mufti Muhammad Shafi were not accepted. The ulema, while answering a questionnaire circulated by the Constitution Commission, opposed the imposition of Martial Law except in case of open rebellion or in time of war, and propounded the parliamentary system and Islamic provisions of the 1956 Constitution. 163 The NUP, in their response, 164 had a sectarian attitude and demanded a restriction on Muharram mournings by Shi'ites to the precincts of lmambaras. 16 s However, these proposals were rejected in the constitution promulgated in March 1962. Elections were held under its auspices and Mufti Mahmud and Maulana Ghulam Ghaus Hazarvi were returned to the National Assembly of Pakistan and the West Pakistan Assembly respectively. Mufti Mahmud, in his oath taking, stressed that he would strive to amend the 1962 Constitution 'in the light of Quranic dictates, Prophet's (PBUH) Traditions and the democratic norms' .166 Despite the NUP's negligible representation in the House, Mufti Mahmud compelled the government to listen ·to the NUP . views on national affairs. Speaking on the Political Parties Bill on 11 July 1962, he demanded that only those political parties be allowed to operate which were committed to Islamic ideology. 167 After the adoption of the Political Parties

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THE POLmCS OF THE JAMIAT ULEMA-l·ISLAM PAKISTAN

Bill in July 1962, political parties were revived. Mufti Mahmud, as acting Amir, summoned the shura at Lahore and the MJUJWP was re-established, with Maulana Muhammad Abdullah Darkhawasti (1889-1994) as · the Amir, and Maulana Ghulam Ghaus Hazarvi as Nazim-i-ala. 168 In August 1962, the party was reorganized under the name of Jamiat Ulema-i-Islam Pakistan (JUIP). 169 Mufti Mahmud played a major part in the debate on the Constitution (First) Amendment Bill, which changed the country's nomenclature and incorporated Islamic provisions in the Constitution. He criticized the imposition of martial law, which jeopardized fundamental rights. He moved three amendments to the Bill restricting freedom of religion which were rejected. 170 Mufti Mahmud supported the Constitution (Second) Amendment Bill 1964 which permitted the President to continue in office till his successor took an oath of office. The amendment was not well received in political circles. The Opposition objected to it as it would minimize the prospects of fair elections as long as Ayub Khan was in office. This Amendment replaced the provision that the sitting President would vacate his office in favour of the Speaker of the National Assembly, four months before the elections. 171 Mufti Mahmud's support for the Bill was in line with the stance of the JUIP. It was based on the logic that the Speaker, who was to act as President, under the previous provision was not required to be a Muslim in the Constitution. 171 The Constitution (Second) Amendment Bill 1964, therefore, saved the reins of the country from going to the hands of such an acting President. The party's parliamentary priority remained focused on the annulment of the 'un-Islamic' Muslim Family Laws implemented through an Ordinance on 2 March 1961 which provided that: a) No man, during an existing marriage, shall except with the previous permission in writing of the Arbitration Council (a local Council), contract another marriage, nor shall such marriage contracted without such permission be registered. 173

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b) In considering whether another proposed marriage is just and necessary, the Arbitration Council could examine the following factors amongst others: sterility, physical infirmity, physical unfitness for the conjugal relations, willful avoidance of a decree for restitution of conjugal rights, or insanity on the part of an existing wife. 174

These laws remained the nucleus of the JUIP' s opposition to the Ayub regime. 175 The JUIP decided to contest the 1964-5 elections, and set up a parliamentary board led by Mufti Mahmud. A three-member party delegation, consisting of Mufti Mahmud, Maulana Ghulam Ghaus Hazarvi, and Maulana Muhammad Yusuf Binnori, toured East Pakistan to forge a powerful alliance of Islamic parties. A convention was arranged in Lahore on 27 November for the presidential candidate. Mr Radaul Karim, principal of a private College in Chittagong, was the first choice, and Maulana Obaydullah Anwar (d. 1985), the second. However, neither of them could reach Rawalpindi, where the nomination papers were to be filed. 176 The party's request for an extension of the date for filing of nomination papers was rejected by the Election Commission. After this fruitless exercise, the only course open to the party was to support Miss Fatima Jinnah (1893-1967) of the Combined Opposition Party (COP) or Ayub Khan of the Convention Muslim League, but neither the Convention Muslim League nor the Opposition showed any interest in the three-point Islamic programme put forward by the JUIP. 177 The JUIP, therefore, did not support any presidential candidate. On 2 January 1965, Ayub Khan was elected President by 80,000 Basic Democrats. In March, elections to the National Assembly of Pakistan and provincial assemblies were held, wherein none of the JUIP candidates were returned. During the September 1965 Indo-Pakistan war, the JUIP campaigned for the collection of a defence fund, and organized jihad conferences. They were of the view that 'without inclusion of a clause regarding plebiscite in Kashmir, the peace

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THE POLITICS OF THE JAMIAT ULEMA-1-ISLAM PAKISTAN

negotiations will be meaningless' .178 Apart from the Kashmir question, the party activities were directed towards sectarian issues, which included the removal of Dr Fazalul Rehman ( 19181988) from the directorship of the Islamic Research Institute for his 'wrong interpretations of Islam' .1 79 In mid 1968 the party joined the nationwide anti-Ayub movement. The participants of the protest day were baton-charged. The injured included the JUIP Vice-President, Maulana Obaydullah Anwar. Leaders of all parties condemned this man-handling of the elderly alim. 180 Ayub Khan realized the possible implications of the association of the JUIP with other parties and, to divide their ranks, he called upon the ulema to draft Islamic laws which he promised to get approved by the National Assembly. 181 Mufti Mahmud and Maulana Ihtishamul Haq .Thanwi accused him of ignoring the ulema's twenty-two points and mutilating Islam by enforcing 'anti-Islam' Family Laws. Maulana Hazarvi accused him of not taking any cogent steps with the help of institutions like the Islamic Research Institute and the Islamic Advisory Council. 182 The salient features of the party's campaign against Ayub Khan included the enactment of the un-lslamic Family Laws, patronization of Qadianis and Pervezis, promotion of obscenity, corruption, the system of Basic Democracies, gambling and drinking, maltreatment of the ulema, and closing all portals for a peaceful change of the government. 183 Ayub Khan was to seek re-election in 1969-70. The Opposition formed the Democratic Action Committee (DAC), but later decided to boycott the anticipated indirect polls. Instead, it called for a parliamentary system of government, direct elections, full restoration of civil liberties, release of all political detenu, prisoners, students, workers, and journalists-including Sheikh Mujibur Rahman (1921-1975), Wali Khan, and Zulfikar Ali Bhutto (1928-1979), withdrawal of all political cases as well as warrants of arrest issued against political workers, withdrawal of orders passed under Section 144 of the Criminal Procedure Code, banning the assembly of more than five persons, restoration of the right of labour to strike, and withdrawal of curbs on the press.184

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The JIP, AL, and NIP had already formed the Pakistan Democratic Movement (PDM) on I May 1967. The PDM expressed their willingness to participate in the elections, but with some conditions. They asked for elections on the basis of direct adult franchise, full powers for the elected parliament and provincial assemblies, lifting of the state of emergency, repeal of repressive laws, release of political workers, restoration of fundamental rights and their justiciability .1ss On the other hand, Bhutto threatened to starve himself to death if the state of emergency was not lifted. 186 Ayub Khan invited" the Opposition to talks on 17 February 1969. In the DAC parleys, Mufti Mahmud proposed the repeal of the Muslim Family Laws and the inclusion of the twenty-two points raised by the ulema in 1951 in the agenda. Other parties raised their own points and finally a two-point agenda was agreed to, namely: (I) restoration of the federal parliamentary system with regional autonomy, and (2) holding of elections on direct adult franchise basis. Mufti Mahmud and Pir Mohsinul Din (b. 1917) of the JUIP attended the Round Table Conference (RTC) along with other representatives. Prior to the convening of the RTC, Ayub accepted some of the Opposition demandsthe release of Bhutto and Wali Khan, withdrawal of the emergency, and the withdrawal of the Agartala Case against Sheikh Mujibur Rahman and his release. However, Bhutto's Pakistan Peoples Party (PPP) and Maulana Abdul Hameed Bhashani (1879-1976) decided to boycott the RTC. Ayub Khan accepted the two demands made by the Opposition and left the question of the principle of parity between East and West Pakistan to the newly-elected parliament, which was to be elected on the basis of direct adult franchise. 187 Mufti Mahmud complained that, even though he had raised the question of the implementation of ulema's twenty-two points, Maulana Maududi, despite his 'commitment' to the Islamic system of government, did not support him. 188 The DAC and JIP held that they had not agreed to raise the twenty-two points of the ulema at the RTC. The acceptance of the DAC' s demands instead brought their individual differences to the fore, and 0191t1zea by

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finally led to its breakup. The JUIP and other parties started concentrating on the forthcoming polls. Bhutto prescribed socialism as a way to cure the country's economic maladies. The anti-imperialist JUIP was drawn to the PPP, and for a while both parties held joint public meetings and processions. At a press conference, the JUIP's Nazim-i-Ala, Maulana Ghulam Ghaus Hazarvi, was alleged to have lent support 'to the kind of socialism which was not against Islamic principles' . 189 The Maulana denied the contents of these press reports and complained of misreporting. 190 However, he remarked that anything not repugnant to Islamic teachings could be adopted, and that the ulema should present an Islamic solution to the prevalent economic ills, instead of declaring socialists as kafirs. 191 The opponents of socialism, particularly the JIP, were not satisfied with this explanation. The issue gained a new dimension when the JUIP organ published a series of articles authored by its comparatively junior worker, Maulana Zahidul Rashidi (b. 1948), on the topic of 'Islamic Socialism of Bhutto', which asserted that, like Islamic democracy, the term Islamic socialism was not contrary to the shariah. 192 Later, Mufti Mahmud also endorsed his view. 193 However, the word socialism never appeared on the party's policy-making forum. The DAC's breakup gave birth to politics of violence and regionalism, which finally culminated in the imposition of Martial Law by General Aga Muhammad Yahya Khan (1917-1980) on 25 March 1969. General Y ahya promised to hold free and fair elections. He appointed Mr Justice Abdul Sattar as Chief Election Commissioner on 28 July 1969. Full political activity was permitted from 1 January 1970, and a Legal Framework Order providing guidelines for the conduct of general elections was issued.on 30 March 1970.

The 1970 General Elections The JUIP reorganized themselves as the All Pakistan Jamiat Ulema-i-lslam (APJUI) in mid-1968. They were relieved by the

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annulment of 1962 Constitution and the fall of Ayub Khan. The party expressed the hope that Yahya Khan's Martial Law administration would solve the economic and political problems of the country in accordance with Islamic teachings. 194 The APJUI, and other religious parties, expected the General to change the country's political system to Islam through a decree, besides providing an immediate solution to the prevalent problems. Thus, the APJUI opposed the restoration of the 1956 Constitution, and declared that the pressing need was to abolish capitalism, otherwise 'socialism was bound to come' .195 They were of the view that those raising the controversy about Islam and socialism were 'imperialist agents who wanted to divert the Muslims' attention from the Middle East issue' .196 Mufti Mahmud held that the principal enemy of Islam and the Muslim world was Anglo-American imperialism, and Maulana Maududi, the chief opponent of socialism, was playing the role of an agent for America. 197 In July 1969, the APJUI entered into an alliance with the Pakistan Labour Party (PLP) to improve the state of the downtrodden in accordance with Islamic principles, abolish the capitalistic system, and establish a just system of government. 198 The ulema were generally critical of this alliance. After the APJUI's ties with PPP, they termed the APJUI's agreement with PLP as a step towards their support of atheistic socialism in the garb of 'Islamic socialism'. Their strongest opposition came from the defunct MJUI (which was not revived in 1962), and Mufti Mahmud and Maulana Hazarvi faced heavy criticism from the Press. Maulana Ihtishamul Haq Thanwi, Mufti Muhammad Shafi, and the TIP led this campaign. The APJUI defended themselves by declaring that the real threat was from the agents of the Anglo-American lobby- protecting American and Jewish interests-and 'Maududiyyat', which was 'worse than socialism' ! 99 The party organ Tarjuman-i-Islam repeatedly clarified that the APJUI was committed to an Islamic system of government. Since the APJUI was not ready to renounce its ties with the PLP, the defunct MJUI was finally revived on 22-24 August 1969 at Karachi, where the party shura held a meeting.

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The contingent from East Pakistan initiated a move to bring about reconciliation between the two factions. Leading figures from both factions held negotiations to wean the APJUI away from the PLP. Nothing substantial, however, could be achieved beyond a joint statement maintaining that both the factions would not make inflammatory statements against each other. 200 The socialism controversy gained a further new dimension when political activities were allowed and the PPP announced its manifesto, which included 'Socialism is our economy' as one of its four points. On 24 February 1970, 113 prominent ulema of all schools of thought from across the country issued a fatwa ruling socialism as apostasy and co-operation with socialists as haram in the light of Islam. The fatwa divided political parties operating in the country into four categories: (I) those upholding Islam in letter and spirit; (2) those opposed to the ideology of Pakistan; (3) those espousing regional nationalism, preferring fellow Hindus to Muslims, and supporting secularism; and (4) those adhering to the Quran and Sunnah but assisting socialists and regional nationalists. 201 According to the fatwa, it was a jihad to strengthen the first category of parties, but kufr in the case of the rest. The fourth category coricemed the APJUI. Some of the signatories were Maulana Zafar Ahmad Uthmani, Mufti Muhammad Shafi, Maulana Shah Ahmad Noorani of JUP, Maulana Sayyid Mahmud Ahmad Rizvi (b. 1928), Maulana Abdul Ghafour Hazarvi (1910-1970), Mufti Jamil Ahmad Thanwi, Maulana Azizul Haq, Mufti Din Muhammad, Maulana Badshah Gui Bukhari, Maulana Ahmadullah, Maulana Inayatullah Shah Bukhari, Maulana Matin Khatib, Maulana Muhammad Husayn Naimi (b. 1923), Syed Muhammad Delhvi (Shi'ah) Mujtahid, Allama Ibn-i-Hasan Jarchavi ( 1905-1973), Maulana Muhammad Yusuf of Calcutta, and Mufti Jafar Husayn (Shi' ah) Mujtahid. Mufti Mahmud, while challenging the premises of the fatwa, said that if socialism meant Islamic equality then 'it was not kufr' .200 A debate started among the ulema on the fatwa. 203 However, Mufti Shafi, who was a leading signatory in a separate fatwa, ruled that if a Muslim with a firm faith in Islam used the

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name of socialism to abolish capitalism, he could not be called a kafir. 204 It was in these circumstances that the APJUI announced its manifesto on 20 January 1970. Salient features of the manifesto included providing the country with an Islamic constitution in accordance with the twenty-two points, incumbency of faith in the finality of the Prophethood of Muhammad (PBUH) for the definition of a Muslim, Sunni Muslimhood for the head of state, enforcement of compulsory congregational prayers, and closure of anti-Islam missionary institutions. It called for the provision of equal housing and job opportunities, refonning the financial institutions to avoid concentration of capital, abolition of interest, nationalization of major industries and improving the working conditions of workers, conferring of proprietary rights on tenants, provision of land to the landless tenants, confiscation of large estates and their distribution among deserving cultivators. The manifesto also advocated free dispensation of justice, separation of judiciary from executive, freedom of the press, dissolution of One Unit, and an independent non-aligned foreign policy. 20~ The party welcomed Yahya Khan's decisions to abolish One Unit, implement parity between West and East Pakistan, and hold elections on one man, one vote basis. In May 1970, the APJUI entered into the Muttahidah Dini Mahadh, an alliance of nineteen religious parties and minor organizations, which included the PLP. Mufti Mahmud was elected as the President, Bashir Ahmad Bakhtiar and Maulana Kausar Niazi (1934- 1994) were its secretaries.206 However, despite this front, the APJUl's election campaign was structured through its own party organization. The party availed the facility extended by the government to the political leaders to address the nation over radio and television networks. Mufti Mahmud, while addressing the nation, appealed to the voters to endorse the APJUI' s programme for transfonning the country into an Islamic polity. He specifically stated that Islam was a complete code of life and Muslims should not accept any other ideology. 207 The MJUI, which coalesced with the NIP in its programme, promised to

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enforce Islamic teachings in all walks of life, and thus fulfil the objectives for which Pakistan was created. Ninety candidates of the APJUl208 were contesting for the National Assembly in West Pakistan and fifteen in East Pakistan, out of which seven were returned from West Pakistan-Mufti Mahmud, Maulana Ghulam Ghaus Hazarvi, Maulana Abdul Hakim, Maulana Abdul Haq, Maulana Niamatullah, Maulana Sadrul Shahid (NWFP), and Maulana Abdul Haq (Balochistan), and none from the East wing. A major victory for the APJUI was in the National Assembly' s Dera Ismail Khan constituency, where Mufti Mahmud defeated the PPP Chairman, Zulfikar Ali Bhutto. 209 For the provincial assemblies, it nominated 72 candidates for the Punjab, 23 for Sindh, 35 for NWFP, 14 from Balochistan, and 23 for East Pakistan. APJUI won 2 seats in the Punjab, 4 in the NWFP, and 3 in Balochistan.210 The MJUI and NIP put up 54 candidates for the National Assembly, including 49 from East Pakistan. 211 For the provincial assemblies they nominated 63 candidates from East Pakistan and 11 for the four provincial assemblies of West Pakistan. Their overall performance was very unsatisfactory-they could only manage to win one seat in the East Pakistan Assembly.212

NOTES I. Muhammad Miyan (n.d). Ulema-i-Hind Ka Shandar Madi, Vol. II, Moradabad, p. 76. 2. Akbar Shah Khan Najibabadi (1935). Miyar al-Ulema, Bijnor, p. 26. The author has discussed the topic of ulema and various aspects of Islamic teachings at length. 3. Hamid Algar (1987). Ulema. In The Encyclopaedia of Religion, (ed. Mircea Eliade), Vol. 15, New York, p. 115. Leonard Binder (1963). Religion and Politics in Pakistan, London, p. 25. Ishtiaq Husain Qureshi (1972). Ulema in Politics, Karachi, pp. 12-13. Gabriel Baer (1971). The Ulema in Modem History, Jerusalem. Nikki R. Keddie (1972) (ed.), Scholars, Saints and Sufis, Berkley. Ulema is plural of alim. 4. For details, see, Khaliq Ahmad Nizami (1958). Salatin-i-Dehli Kay Madhhabi Rujhanat, Delhi, pp. 20-1.

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5. For details, see, Qureshi op. cit. Ahmad Mian (1944). MllSalmanon Ka Madi Hal Awr Mustaqbil, Lahore. Mian Asghar Husayn Deobandi (n.d.). Hayat-i-Shaykh al-Hind Swanih Umri Maulana Mahmud Hasan, Deoband. Maulana lmdad Sabiri (1949). Frangion Ka Jal, Delhi. Mufti Intizamullah Shihabi (n.d.). East India Company Awr Baghi Ulema, Delhi.-(n.d.). Mashahir-i-Jang-i-Azadi, Delhi.-(n.d). Ulema-i-Haqq Awr Unlci Mazlumiyyat Ki Dastanein, Delhi.-(n.d.). Ghadar Kay Chand Ulema, Delhi. Azizul Rehman Jamii (n.d.). Musalmanon Ki Dayrh So Salah Qurbanion Ka Jaizah. Delhi. Maulana Muhammad Abdul Shahid Khan Sherwani (1947). Baghi Hindustan, Bijnor. 6. Sayyid Muhammad Miyan (n.d.). Jamiatul Ulema Kiya Hay, Part I, p. 9. Ziaul Hasan Faruqi (1963). The Deoband School and the Demand for Pakistan, Bombay, pp. 68-9 7. Muhammad Kifayatullah, Husayn Ahmad, Hasrat Mohani, Abul Mohasin Sajjad, and Ahmad Saeed (1928). Tanqid-o-Tabsirah, Delhi, pp. 23-4, Sayyid Muhammad Miyan, op. cit., p. 15. 8. Ibid. 9. Maulana Ahmad Saeed (1930). Jamiatul Ulema-i-Hind Ka Faisalah: ljlas-i-Amrohah Ki Nihayat Aham Tajwiz, Delhi. Parvin Rozina (ed.) (1981). Jamiatul Ulema-i-Hind, Dastawez.at Markazi ljlas Haey Am: 1914-1945, Vol. D, Islamabad, pp. 517-82. 10. For details on post-Khilafat Movement developments until the 1936-7 polls, see, A. C. Niemeijer (1972). The Khilafat Movement in India, Hague. M. Naeem Qureshi (1979). The Ulema of British India and the Hijrat of 1920', Modem Asian Studies, Vol. 13, 1973.-'The Khilafat Movement in India: 1919-1924', Ph.D. Thesis, University of London, Ms, Richard Gordon (1973). 'Non-Cooperation and Council Entry: 19191920', in Modem Asian Studies, Vol. 7. Aziz Ahmad (1967). Islamic Modernism in India and Pakistan, London. P. Hardy (1972). The Muslims of British India, London. Khalid Bin Sayeed (1960). Pakistan, The Formative Phase, Karachi. M. Mujeeb (1967). The Indian Muslims, London. W. R. Smith (1938). Nationalism and Reform in India, New Haven. W. C. Smith (1943). Modem Islam in India, Lahore. Nehru Report. J. Coatman (1972), Years of Destiny: India 1926-1932, London. Tufail Ahmad Manglori (1945). Musalmanon Ka Rawshan Mustaqbil, Delhi. Board of Editors (1957, 1960, 1963), A History of the Freedom Movement, 3 Volumes, Karachi. I. H. Qureshi (1962). The Muslim Community of lrulo-Pakistan Sub-Continent, The Hague. 11. All India Muslim League Central Board. Policy and Programme, (n.d., n.p.), pp. 1-17. 12. H.B. Khan (1985). Barre Saghir Pak-o-Hind Ki Siyasat Mein Ulema Ka Kirdar, Islamabad, p. 338. 13. The formation of the UP ministry is one of the most controversial subjects of modem Indian history. It also served as a key to the popularity

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14.

15.

16. 17. 18.

19. 20. 21.

22.

23. 24. 25.

of the AIML. For different viewpoints, see, Maulana Abul Kalam Azad (1946). India Wins Freedom, Calcutta, pp. 160-2. Abdul Waheed Khan (1961). India Wins Freedom: The Other Side, Karachi, pp. 1-X, 65-99. Jamil-ud-Din Ahmad. 'The Congress in Office (1937-39) and LeagueCongress Negotiations 1937-40'. A History of the Freedom Movement, Vol. IV, Parts I & II, Karachi. Choudhry Khaliq UZ Zaman (1961). Pathway to Pakistan, Lahore, pp. 162-3. Michael Brecher (1959). Nehru: A Political Biography, London, p. 231. P. J. Griffiths (1952). The British Impact on India, London, p. 342. B. R. Ambedkar (1946), Pakistan or the Partition of India, Bombay, p. 27. For details, see, l.H. Qureshi (1972), op. cit, pp. 344-62. Talut (n.d.). Nazriyya-i-Qawmiyyat: Maulana Husayn Ahmad Madni wa A/lama Iqbal, Dera Ghazi Khan. Daily lhsan, (Lahore), 28 March 1938. Bulhabism- anti-Islarn. This translation is based on l.H. Qureshi (1972), op. cit., p. 345. Hasan, Bilal, and Suhayb were companions of the Prophet PBUH. For text, see, Iqbal ( 1970). Armughan-i-Hijaz. Lahore, p. 278. Bashir Ahmad Dar (1971). Anwar-i-Jqba/, Lahore, pp. 166-70. For instance, see, fatwa of his lieutenants: Jawaz-i-Shirlcal-i-Congress Awr /zala-i-Shukuk (n.d.). Delhi. Talut, op. cit. Maulana Muhammad Shafi (1365 AH). lfadat·i-Ashrafiah dar Masail·i· Siyasiyah, Saharanpur. pp. 70-98. Allarna Shabbir Ahmad Uthmani's letter to the AIML President, National Archives of Pakistan, Islamabad, File No. 1092. Professor Muhammad Anwarul Hasan Sherkoti (n.d.). Anwar-i-Uthmani, Karachi, pp. 46-56. For historical background of the Pakistan Resolution, see, Dr K. K. Aziz (1987). A History of the Idea of Pakistan, 4 Volumes, Lahore. H. B. Khan, op. cit, p. 377. Maulana Zafar Ahmad is also referred to with the suffix, Thanwi. Hafeez Malik ( 1977). 'Nationalism and the Quest for Ideology in Pakistan', in Lawrence Ziring, Ralph Braibanti, W. Howard Wriggins (eds.), Pakistan: The Long View, Durham, p. 271. The argument also defeats Ziring's view that Pakistan, from its inception, was but a land of many nations. Ziring (ed.) (1978). The Subcontinent in World Politics, New York, pp. 88-114. J. S. Mill (1957). Utilitarianism, Liberty and Representative Government, London, pp. 359-60. Alfred Cobban ( 1945). National Self-Determination, London pp. 359-60. E. Renan ( 1986). 'What is a Nation?' in Poetry Rf the Celtic Races and Other Studies, New York, pp. 80-1. Jamil-ud-Din Ahmad (ed.) (1952). Some Recent Speeches and Writings of Mr Jinnah, Vol. I, Lahore, p. 99. Hafeez Malik, op. cit., p. 273. For a detailed exposure of this thesis, see, Romila Thapar (1956). A History of India, Baltimore, p. 303. Hafeez Malik, op. cit., p. 273. Mahatma Gandhi (1949). To the Protagonists of Pakistan, Ahmedabad, p. 65.

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26. This thesis runs throughout the book. Y. V. Gankovsky, L. R. GordonPolonskaya. (n.d.). A History of Pakistan 1947-1958, Lahore, p. 8. 27. Wayne A. Wilcox. 'Wellsprings of Pakistan', in Ziring, Braibanti. Wriggins, op. cit., pp. 33-6. 28. Wali Khan (1987). Facts are Facts, New Delhi, (tr. Syeda Saiyidain Hameed). 29. The most recent scholarly work on the subject is by Professor Waheed uz Zaman ( 1976). Quaid-i-Azam Mohammad Ali Jinnah: Myth and Reality, Islamabad. The information in this analysis is based on his work. 30. P. J. Griffiths (1946). The British in India, London, p. 160. 31. Dr Waheed uz Zaman, op. cit., p. 226. 32. Frank Moraes (1973). Witness to an Era, London, p. 80. 33. Ambedkar, op. cit., p. 323. 34. Dr Waheed uz Zaman, op. cit., p. 53. 35. Ibid., p. 54. 36. Sayeed ul Haq, 'Secret ofQuaid-i-Azam's Leadership', in Morning News (Karachi), 25 December 1966. 37. Dr Waheed uz Zaman, op. cit., p. 57. 38. Ibid., p. 58. India Office Records, MSS, EUR. p. 125. 39. Linlithgow to Lord Zetland, Secretary of State, 25 March 1940. India Office Records, MSS, EUR. F, pp. 125-9. 40. Zetland to Linlithgow. 5 April 1940. India Office Records, MSS, EUR, F. 125/9. 41. The Marquess of Linlithgow (1945). Speeches and Statements, New Delhi. p. 350. 42. Dr Waheed uz Zaman, op. cit., p. 73. 43. Ibid. 44. Leonard Mosley (1961). The Last Days of the British Raj, London, p. 94. According to another view, he was a 'psychopathic case'. Larry Collins and Dominique Lapierre (1975). Freedom at Midnight, London, p. 94. 45. H. V. Hodson (1969). The Great Divide, London, p. 523. 46. Collins and Lapierre, op. cit., p. 103. 47. For details, see, Mohammad Zafar Ullah Khan (1974). The Agony of Pakistan, Oxford. 48. Hamza Alavi (1987). 'Ethnicity, Muslim Society and the Pakistan Ideology'. in Anita M. Weiss, (ed.), Islamic Reassenion in Pakistan, Lahore, pp. 21-47. 49. Dr Imtiaz argues that even the Prophet Muhammad (PBUH) belonged to the Ashraf For details, see, Imtiaz Ahmed (ed.) (1978). Caste and Social Stratification Among Muslims in India, New Delhi, pp. 4-190. 50. David Taylor (1984). 'The Politics of Islam and Islamisation in Pakistan',

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51.

52.

53. 54.

55.

56.

57. 58.

59. 60. 61. 62. 63. 64.

THE POUTICS OF THE JAMIAT ULEMA-1-ISLAM PAKISTAN in James P. Piscaroti (ed.), in Islam in the Political Process, Cambridge, pp. 185-9. Alavi says that the ulema were very popular amongst the jolahas (weavers), who were anti-colonial because their textile concerns were destroyed by the British. Alavi, op. cit., p. 29. For a detailed study of the ulema' s reaction to the Pakistan Resolution, see, Ambedkar, op. cit., 192-4. Rozina, op. cit., pp. 656-91. Maulana Abdul Shakur Tirimdhi (1977). Tadhkiratul 'Zafar, Kamalia, pp. 365-6. Maulana Husayn Ahmad Madni (1945). Muslim League Ki Ath Muslim Kush Siyasi Ghalatiyan. Delhi.-{n.d.). Muttahidah Qawmiyyat Awr Islam, Delhi. Jawaz-i-Shirlc.at-i-Congress Awr lzalah-i-Shulculc, op. cit., pp. 18-47. Muhammad Miyao Siddiqui (1977). Tadhkirat Maulana Muhammad Idris Kandhalwi, Lahore, pp. 192-8. Maulana 'Zafar Ahmad Sahib Kay fatway par tabsirah ( 1945) . Jamiat Ulema-i-Hind Publication. Hadrat Maulana Muhammad Shafi Deobandi (1946). Congress Awr Muslim League Kay Mutalliq Shari Faisalah, Deoband, p. 48. Maulana Muhammad Shafi Deobandi, Ibid. Allama Shabbir Ahmad Uthmani (n.d.). Paigham Hadrat A/lama Shabbir Ahmad Uthmani Banam Mutamar Ku/ Hind Jamiat Ulema-i-lslam, Calcutta, Lahore, pp. 12-29. In 1945, a IUH leader issued a fatwa declaring the joining of the AIML by Muslims as un-Islamic, and dubbed Quaid-i-Azam as Kaftr-i-Azam. Maulana Mazhar Ali Azhar was the first to call him Kaftr-i-Azam. I. H. Qureshi (1972), op. cit., p. 354. Allama Uthmani challenged the fatwa. Professor Muhammad Anwarul Hasan Sherkoti (1972). Khutbat-iUthmani, Lahore, pp. 82-3. Nisar Ahmad Zuberi. 'Jamiat Ulema-i-lslam Kay Qiyam Ki Kahani is Kay Aek Qadim Tarin Rukn lei Zubani' (The story of the Establishment of the Jamiat Ulema-i-lslam Narrated by one of its Founding Members), in the Weekly Akhbar-i-Jahan, (Karachi), pp. 8-9, 11 November 1970. Interview with Maulana Matin Khatib. Allarna Shabbir Al)mad Uthmani, op. cit., pp. 42-8. Zuberi, op. cit. Murasalat-i-Siyasiyah (n.d.). Delhi, pp. 3-6. Ibid., pp. 7-47. Makalamatul Sadrain (n.d.). Lahore, pp. 46-7. Ibid. After the adoption of the Lahore Resolution, the IUH and Maulana Maududi came forth with their own plans. In 1942, the IUH moved the following proposals: (a) complete independence; ( b) religious and cultural freedom for all communities; (c) federation of autonomous provinces; and (d) residuary powers for the provinces. On 31 January 1945, the following interpretation was added to it: (1) a central legislature with 45 seats each for Hindus and Muslims and I 0 seats for minorities;

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(2) a bill about Muslims must be supported by two thirds of the Muslim members; (3) a supreme court with an equal number of Muslim and Hindu judges to decide centre-provinces, inter-provincial, and internationality disputes. The core of their argument, expressed in the writings of Maulana Hifzul Rahman Siyoharwi, was that the Muslims, in creating Pakistan, should not break away with historical Islamic India-the centre of Muslim grandeur-nor leave behind a thin minority in India at the mercy of the Hindus. This argument was not without weight, but according to Dr Qureshi and Dr H. B. Khan, what mattered was that, in the prevailing situation, an amicable relationship with the Hindus was not even a remote possibility. Maulana Hifzul Rahman Siyoharwi (n.d.). Tahrilc-i-Palcistan Par Aek Nazar, Delhi. On 25 March 1947, Maulana Hifzul Rahman proposed to Jinnah the formation of a 'consultative council' of all Muslim parties. This Council should discuss the question .Q..f the future of India and then evolve a common strategy. Jinnah did not consent, and instead asked him and the other members of the JUH to join the AIML, which was 'the only authoritative representative of Muslims of India'. Z. H. Zaidi (Editor-in-Chief) (1993). Jinnah Papers, Vol. I, Pan I, Islamabad, Documents No. 236, 286, 378. Maulana Maududi moved the idea of an 'International Federation'. However, it is quite unfair to include his name even in the roll of adversaries of the Pakistan plan. In 1947, after suffering an internal strife, the Jamat-ilslami had 625 members, in a country of a hundred million Muslims. One wonders, how, with such a small number of workers, the Maulana could stand at par with the leaders of stature such as Jinnah, Liaquat Ali, Maulana Madni, Maulana Azad, and many others. Maududi was basically a pamphleteer. His pamphlets on Indian politics later combined in books, mostly lacked a coherent thesis. Maududi's principal concern was establishing the sovereignty of God on earth, and training a party of salihin (virtuous men). He believed that nationalism was 'the greatest curse in the world, it is the greatest menace to human civilization: it makes man wolf to all other nations except his own'; 'from Quaid-iAzam of the League to an ordinary worker, there was not a single person who possessed Islamic mentality'; 'demand for homeland Pakistan was an all-pronged folly' and Pakistan was actually 'na-Pakistan'; the Muslim League leaders are 'morally dead'; 'if you test the entire Muslim leadership in basic and elementary tenets of Islam, hardly any one wifl score more than 2 per cent marks'; and the AIML leadership had no right to use the word 'Islamic' for their nationalist movement. However, that very nation, Pakistan, was selected by Maududi as his home, and also as a nursery of lslamization. For details see, Dr K. K. Aziz, op. cit., Vol. II, pp. 419-23,-(1976). Party Politics in Pakistan: 1947-1958, Islamabad, pp. 139-59. Maududi (1947). Process of Islamic Revolution, Pathankot.-(1947). Nationalism and India. Pathankot. (1976). Tahrike

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65. 66.

67. 68. 69.

70. 71. 72.

73.

74. 75. 76.

77. 78. 79.

80.

81.

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Auulie Hind Awr Musa/man, Vol. 2, Lahore, pp. 102, 208, 231, 256, 266. M. Amin (1958). 'Jamaat-i-Islami Pakistan', MA thesis, Punjab University, Lahore, MS. Freeland Abbott, (1957). 'The Jamaat-i-Islami of Pakistan', in The Middle East Journal. Khalid Bin Sayeed (1957). 'The Jamaat-i-Islami Movement in Pakistan', in Pacific Affairs. Muhammad Ramzan (1985). 'The Role of Religio-Political Parties in Elections of 1970', M.Phil. thesis, Department of History, Quaid-i-Azam University, Islamabad, p. 31, MS. Alavi, op. cit., p. 21. Ainslie T. Embree ( 1972). India's Search for National ldentiry, New York, p. 40. Anwar Syed (1984). Palcistan: Islam, Politics and National Solidariry, Lahore, p. 74. Lawrence Ziring (1980). Palcistan: The Enigma of Political Development, Kent, p. 110. Ziring, Braibanti, Wriggins, op. cit., p. 3. Hans Kohn (1944). The Idea of.Nationalism: A Study of its Origins and Background, New York, pp. 10-13. Louis L. Synder (1964). The Dynamics of Nationalism, ·Princeton, pp. 1-2. Hafeez Malik, op. cit., p. 271. J. S. Mill, Cobban and E. Renan, op. cit Binder, op. cit., p. 32. Sayyid Nur Muhammad Qadri (n.d.). Iqbal ka Akhri Marikah, Lahore. Sayyid A. S. Pirzada (1992). 'Muttahidah Qaw,miyyat, Allama Iqbal Awr Mawlana Madni', in Adabiyat, Islamabad, Vol. 5, No 18. Sayyid A. S. Pirzada (1980). 'The Jamiat Ulema-i-Islam Pakistan, 194770', M. Phil. (History) thesis at the Quaid-i-Azam University, Islamabad, p. 60. MS. For details, see, I.H. Qureshi (1972), op. cit., pp. 344-6. H. B. Khan, op. cit., pp. 388-96. Faruqi, op. cit., pp. 122-6. Taylor, op. cit., p. 187. Alavi, op. cit., p. 28. M. Naeem Qureshi, (1979), op. cit. For ulema's accounts, see, Miyao, Deobandi, Sabiri, Shihabi, Jaroi'i, and Shirwani op. cit. Gankovsky and Gordon-Polonskaya, op. cit., pp. 22, 24, 26, 183. Stanley Wolpen (1993) .. Zuifi Bhutto -of Pakistan, New York, pp. 187-8, 202, 81, 260. 361-2, vii. - (1984). Jinnah of Palcistan, Oxford, p. 116. Sheila Mc Donough ( 1978). 'The Religious Legitimization of Change Among Modernists in Indo-Pakistan Islam', in Bardwell L. Smith, (ed.), Religion and the Legitimization of Power in South Asia, Lieden, p. 42. Binder, op. cit., p. 97. Dawn (Karachi), I January 1948. The office was located at the residence of Maulana Ihtishamul Haq Thanwi. Interview with Mawlana Thanwi at Karachi on 15 February 1979. Murasalat-i-Siyasiyah, op. cit., p. 3-8.

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82. Maulana Sbabbir Ahmad Ulhmani (1946). Hamara Palcistan, Lahore, pp. 7 1-2. 83. Tirimdhi, op. cit., pp. 384-5. Pinada ( 1980), op. ciL, p. 20. Mujeeb Ahmad (1993). JamiyyaJ Ulama-i-Paldstan: I948-I979, Islamabad, p. xxii. 84. Sayyid A. S. Pirzada (1980) op.. cit., p. 25. The viewpoint of Abbott, !hat Pakistan was demanded 'to enable or compel lhe Muslims to lead !heir lives in accordance wilh the injunctions of Islam was then in nobody's mind' is, therefore, incorrect. Freeland Abbott (1966). 'Pakistan and the Secular State', in Donald Eugene. Smilh, (ed.), Sowh Asian Politics and Religion, New Jersey, p. 361. 85. Pirzada (1980), op. cit., pp. 22-3. 86. Daily Zamindar, (Lahore); 4 February 1949. Sherltoti (1972), pp. 309-12. 87. Constituent Assembly of Paldstan Debates, ( 1949), Official Repon, Vol. 5, p. 45. Hereafter, CAP Debates. Khalid Bin Sayeed (1966). 'Islam and National Integration in Pakistan', in South Asian Politics and Religion, op. ciL, p. 403. Anwar Syed. op. cit., p. 82. 88. Arthur Larson, C. Wilfred Jenks (eds.) (1965). Sovereignty with the law, New York, p. 169. lshtiaq Ahmed (1987). The Concept of an Islamic State: An Analysis of the Ideological Controversy in Palcistqn, London, p. 28. 89. The Fontana Dictionary of Modem Thought (1977). London, p. 564. lshtiaq Ahmad, op. cit., p. 36. 90. For example, see, A llama Uthmani' s statement about Pakistan's Constitution in Zamindar, 4 February 1949. 91. Quaid-i-Azam Mohomed Ali Jinnah Speeches as Governor General of Pakistan: I947-48, (n.d.), Karachi, p. 65. 92. Pakistan Ka Manshur-i-Azadi ( 1949). Official Publication, Karachi. 93. Weekly Nishan-i-Rah, (Karachi), 24 September 1948, pp. 9-11. Binder has said that the Maulana issued a fatwa, which is not correct. Maulana Maududi has never been acknowledged as an 'alim in the traditional sense who could issue a fatwa. In fact, the Maulana himself has not claimed to have issued a fatwa, Binder, op. cit., 137. 94. Daily Nawa-i-Waqt (Lahore), 6 August 1948. Sherkoti (1972). op. cit., pp. 260-1. Palcistan News, 12 June 1949. 95. Nishan-i-Rah, op. cit. 96. Sherkoti ( 1972), op. cit., pp. 252-5. 97. Nishan-i-Rah, op. cit., pp. 13-4. 98. Ibid. 99. The Maulana's authorship of a much-publicized book, al-jihadft al-Islam and his negative reaction to the fighting in Kashmir, placed him in an awkward position. Radio Kabul and Srinagar, in !heir propaganda, widely publicized his ruling and enjoyed emphasizing !hat he opposed the creation of Pakistan. Binder, op. cit., pp. 136-7. The episode also created

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111E POLmCS OF THE JAMIAT ULEMA-1-ISLAM PAKISTAN

100.

101. 102. 103. 104. 105. 106.

107. 108. 109. 110.

111. 112.

a rift in the JIP. A former Amir of the party and co-editor of its mouthpiece, the daily Tasnim (Lahore), who later revolted, alleged that Maulana Maududi acted 'against the unanimous decision of the shura to support the fight for freedom in Kashmir, and to help the Mujahidetn, took a stand on Kashmir which landed the Jamaat into serious trouble'. K. K. Aziz (1976), op. cit., p. 155. It is interesting that Maulana Maududi, who reluctantly described the war in Kashmir as a jihad, later ruled that to 'spend money on and to vote for an honest man was an act of piety no less creditable than waging jihad because in the modern democracies election provided an opportunity of jihad.' Ibid., pp. 53-4. One wonders at such an equivalence of jihad, when in Islam numerical strength can not take precedence over the defined principles. Cesar P. Pobre (1970). 'History of Political Parties in Pakistan"""'\1941-. 1958)', Ph.D. thesis, Karachi University, p. 286, MS. For the life and works of Pir Manki Sharif, see, Sayyid Wiqar Ali Shah ( 1990). Pir Sahib Manlci Sharif Sayyid Aminul Hasnat Awr Unki Siyasi Jidd-o-Johd, Islamabad. Sayyid A. S. Pirzada (1990). 'The Role of Deobandi Ulema in Pakistan's Politics: 1947-1956', in South Asian Studies, Volume 7, No 2, p. 66. Tirimdhi, op. cit., pp. 391-2. Sherkoti ( 1972), op. cit., p. 314. Khutbah-i-Sadarat Jamiat Ultma-i-lslam Conference Mashriqi Pakistan Dacca (n.d.). Karachi, pp. 18-60. Pakistan Ka Manshur-i-Azadi, op. cit., pp. 1-20. CAP Dtbatts, Vol. V, (7-12 March 1949), pp. 1-6, 41-5, 55, 81, 81-7, 96-7. Anwar Syed, op. cit., pp. 80-3. Sharif al-Majahid ( 1986). Ideological Orientation of Pakistan, Karachi. Ste, text of Allama Uthmani's speech in Sherkoti (1972), pp. 335-6. Allama Muhammad Iqbal (1968). The Reconstruction of Religious Thought in Islam, Lahore, p. 175. Ibid., p. 175-6 Binder, op. cit., pp. 383-429. Lossine A. Oracion (1968). Constitution Making in Pakistan (1947-56), Ph.D. thesis, Karachi University, MS. I. H. Qureshi (1981). Pakistan an Islamic Democracy, Lahore, p. 153. The CAP held a reference on 22 December 1949 to pay homage to him. CAP Debates, Vol. VI, No.I, 22 December 1949, p. 2. Binder has not judiciously discussed two points about the MIUI and its leader, Allama Uthmani. He quotes an MJUI resolution of 13 January 1948 which demanded the appointment of a leading 'alim to the office of Shaylchul Islam, with appropriate ministerial and executive powers over the qadis throughout the country, and values it as a proof of the identification of an Islamic constitution with the political recognition of the ulema. The above discussion suggests that this was a very casual demand, and was never a pan of the overall political movement of the

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117. 118. 119. 120. 121. 122. 123.

43

pany-hence building a thesis on it is monocausal. Stt, Binder, op. cit, p. 98. However, it appears 10 be because of his staunch suppon to the idea of Pakistan and the respect he commanded from the rank and file of the Muslim League leadership that Allama Shabbir Ahmad Uthmani was referred to with the unofficial title of Shaylchul Islam and Mufti Muhammad Shafi with that of Mufti·t·At,IJln (Grand Mufti) Pakistan. After Allama Uthmani's death, Allama Sayyid Sulaiman Nadwi was referred to as Shaylchul Islam. Ibid., pp. 194, 214. No evidence has come lo fore so far that the titles carried with them any monetary benefits. Al another place he refers 10 an item from the nP literature, that in April 1948 Maulana Maududi, along with his aides, met Allama Uthmani to try to bring him around to his four demands about an Islamic state and an Islamic constitution for Pakistan, and infers that the mainspring of the A llama' s efforts was a result of Maulana Maududi, which is historically incorrect. Allama Uthmani 's commitment 10 an Islamic system of government dated back to the late 1930s, when he dissociated from Darul Ulum Deoband, which became clear in his speeches, especially in the Calcutta resolution of the AUUI, and his correspondence with the workers of the JUH. During that decisive phase of the Pakistan movement, Maulana Maududi was engaged in criticizing and ridiculing the Pakistan demand. It is, therefore, unfair to give Maulana Maududi credit for forging an Islamic state S. Abu! Ala Maududi (1975). The Islamic Law and Constitution, Lahore, pp. 21-4. For details set, Binder, op. cit, pp. 102-3, 137-9. For text, see, Basic Principles Committee Interim Report (1 September 1950). For example, Federal Ministers A. K. Brohi, Dr I. H. Qureshi, and Member CAP, Omar Hayat Malik. Anwar Syed (1984), op. cit., pp. 83-8. Ibid., p. 98. Richard Symonds (1949). The Making of Pakistan, Lahore, p. 118. For details. see, CAP Rules of Procedure, Rule No. 41, p. 11 and Rule No. 69 (2). p. 18. The Prime Minister overruled the BTI's desire to publish the repon and instead insisted on 'concrete and definite' suggestions. CAP Debates, Vol. VIII, No. 6, p. 181, quoted by Binder, op. cit, p. 211-2. For a complete text, see, Pirzada (1980), op. cit., pp. 90-5. For a complete text of the speech, see, Appendix V. Quaid-i-A1,1Un Mahomtd Ali Jinnah Speeches as Governor-General of Pakistan, op. cit., p. 7. Ibid., p. 9. Ibid., p . 16. Ibid., p. 19. Ibid., p. 22.

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124. 125. 126. 127. 128. 129. 130. 131. 132. 133. 134. 135. 136. 137. 138. 139.

140.

141.

lllE POLITICS OF lllE JAMIAT ULEMA-1-ISLAM PAKISTAN

Ibid., p. 27. Ibid., p. 30. Ibid., p. 56. Ibid., p. 61. Ibid., p. 63. Ibid., p. 65. Ibid., p. 124. Ibid., p. 126. Ibid., p. 129. Ibid., p. 98. George H. Sabine (1950). A History of Political Theory, New York, pp. 331-6. Javid Iqbal (1971). Ideology of Pakistan, Lahore, p. 4. Allama Muhammad Iqbal, op. cit., p. 154. S. M. Zafar (1980). Awam, Pakistan, Islam, Lahore, pp. 57-155. Mohammad Munir (1979). From Jinnah to Zia, Lahore, pp. 145-6. Muhammad Uthman (1969). Islam, Pakistan Mein, Lahore, pp. 13-14. Sibte Hasan ( 1989). The Banle of Ideas in Pakistan, Karachi. For detailed historical background, see, M. Gwyer and A. Appadorai ( 1957). Speeches and Documents on the Indian ConstituJion, 1921-47, Vol. I, London, pp. 422-3. Beni Prasad (1946). India's Hindu-Muslim Questions, London, p. 74. Letters of lqbal to Jinnah (1956). Foreword by M.A. Jinnah, Lahore, pp. 13-14. For details on Islamic state, see, Muham.mad Asad (1961). The Principles of State and Government . in Islam, California. Khalifa Abdul Hakim (1974). Islamic Ideology, Lahore. Maududi (1975), op. ciL Freeland Abbott (1968). Islam and Pakistan, New York. Aziz Ahmed, op. cit. Aziz Ahmed and G. E. Von Grunebaum (eds.) (1970). Muslim SelfStatement in lndia and Pakistan: 1857-1968, Wiesbeden. Manzoor ud Din Ahmed (1966). Pakistan The Emerging Islamic State, Karachi. A. K. Brohi (1981). Islam in Modern World, Lahore. Muhammad Hamidulah (1981). The First Written Constitution of the World, Lahore. · Allama Muhammad Iqbal, op. cit. For a scholarly discussion on the beliefs of Ahmedis, see, Maulana Sayyid Abu! Hasan Ali Nadwi (1985). Qadianiyyat: Mutalaah wa Jaiwh, Karachi. Sayyid Abul Hasan Ali Nadwi, Sayyid Abul Ala Maududi, Shaykh Muhammad Khidar Husayn (n.d.). Takhrib Pasand Tahrikein: Qadianiat, Mekkah. Shaykh Manzur Ahmad Chinioti Al-Pakistani (n.