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BAHWPR Court 1935: Qadianiat thrown into abyss
By: Muhammad Ismail Quraishi, Islamabad
Date: Tuesday, 10 March 2020, 8:05 pm

Introduction to Muqaddamah Bahawalpur 1935

By Muhammad Ismail Quraishi
Senior Advocate Supreme Court of Pakistan
Chairman, World Association of Muslim Jurists


I feel myself deeply privileged to write introduction to this historic Judgment pronounced by a Learned Special Judge, Muhammad Akbar Khan. He was required by the Judicial Council, the highest Tribunal in Judicial Hierarchy of the Muslim State of Bahawalpur to reconsider the Judgment of the Chief Court of Bahawalpur, which had held Qadianis to be a sect of Islam. It was the most controversial issue whether a marriage of a Muslim woman subsists with a husband after his conversion from Islam to Qadiani faith. This was a case of chequered history witnessing divergent decisions.

Mst. Aaisha instituted a suit against Abdul Razzaq for dissolution of marriage after attaining the age of puberty in the Civil Court in the year 1926. The suit was resisted by the defendant stating that although he believed in Ahmadiism, yet he was not out of pale of Islam. The case was transferred to the Court of District Judge Bahawalpur, who dismissed the suit in 1928 following the precedents of Bahawalpur Chief Court, whereby it was held that followers of Mirza Ghulam Ahmed, who called themselves to be Ahmadis could not be treated as non-Muslims. The matter went up in appeal before the Chief Court. The appellate Court confirmed the judgment of the Trial Judge. The aggrieved party moved the Judicial Council, the court of ultimate jurisdiction of the state. The Learned Members of the Judicial Council carefully examined not only the decision of the Chief Court of Bahawalpur, but also the judgments of the Lahore, Patna and Madras High Courts referred to in the impugned judgment. The Honorable Members discussed the finding of the Learned Judges of Madras High Court as the matter in issue was the same pertaining to dissolution of marriage where the husband was a convert Qadiani (Ahmadi). The members of august council appreciated the observations of the Learned Judges of Madras High Court, who were of the opinion that the parties had failed to produce reliable authority in support of their respective claims. They further said that the main question involved in the case regarding the faith of the person was to be resolved by eminent scholars of Islam. Therefore the Honorable Council concluded that the case of the appellant required decision afresh after affording an opportunity of hearing to both the parties, and keeping in view the ground norms and dimensions of Islamic faith. His Highness Nawab Sir Sadiq Mohammad Khan Abbasi, Amir of Bahawalpur, was pleased to accord the royal assent to the submissions of the judicial council. Thereafter the case of Mst. Aaisha Bibi was entrusted to the Special Judge in the year 1932. The case came to the lime light when renowned ‘Ulema of Islam, namely Allamah Anwar Shah Kashmiri, Grand Mufti Muhammad Shafi, Mawlana Ghulam Muhammad, Shaikhul Jamia (Vica Chancellor) of Abbasia University, Professor Muhammad Najmuddin, Mawlana Abul Wafa and Mawlana Murtaza Hassan from all over India appeared on behalf of Mst. Aaisha. A well known Barrister, Mr. K.L. Gabha, who came within the fold of Islam from Hinduism, also offered his legal services to the plaintiff.

The defendant was represented by Qadiani scholars of great eminence like Jalaluddin Shams and Muballigh Ghulam Ahmed. In this case they had been receiving legal instructions from Choudhry Sir Zafarullah, who reputation as a lawyer, judge and devotee of Mirza Ghulam Ahmed extended far beyond India and beyond the legal profession. The legal objection raised from the defendant side was with regard to jurisdiction of the Court on the grounds of cause of action, but it was ruled out by the Learned Judge.

All the ‘Ulema of Islam deposed in their evidence without any ambiguity with reference to the original sources of Qur’an, Sunnah and Ijmah (consensus) of Muslim Ummah that the Prophet of Islam is the last of all the prophets, “Khatam-un-Nabiyeen”, the seal of prophecy on account of coming at the end of the prophetic cycle. Mirza Ghulam Ahmed, who claimed to be the prophet, is founder of a new religion and declared the entire world of Islam to be infidel, hence his followers are excommunicable from Muslim Ummah. It is pertinent to note that some of the above named witnesses were subjected to cross-examination continuously for exceptionally lengthy period of twenty to thirty days.

Qadianis’ argument before the Court was that the doors of prophet-hood cannot be closed to deprive the people from divine guidance. Both sides produced numerous volumes of books written by the Muslim authorities and Mirza Ghulam Ahmed in support of their point of view, in addition to the other relevant documents. The proceedings continued for three years, so the entire record of the case consists of several thousand pages.

The Special Judge not only separated the grain from the chaff which is the requirement of law but acted like a great judge, who could pen down the judgment with an authority greater than his own. The fundamental doctrine of Islam with respect to finality of the Holy Prophet ﷺ has been substantiated perfectly in accordance with the established process of law. The judgment is so convinving that the Qadiani’s mastermind dare not challenge it by way of appeal in the higher forum. It was the first judgment with regard to Qadianiyyat by the Court of Muslim State of India in 1935. It has paved the way for declaring Qadianis as non-Muslim in the Constitution of Islamic Republic of Pakistan of 1973 and also in an authoritative Judgment of the full Bench of Supreme Court of Pakistan in (Zaheeruddin case 1993 SCMR 1718 which was prosecuted by me). Qadianis have been restrained from posing themselves as Muslims. The Judgment delivered earlier by the Special Judge was of such an importance that it was directed to be preserved in Punjab Archives, strangely enough during the rule of British Government which had fully supported Qadiani movement for its own political motivations.

As the court language of Bahawalpur State was Urdu, this judgment against Qadianis was not presented to the English knowing people collectively. The idea to render the judgment into English first struck to the mind of a noble judge of Bahawalpur, Mir Abdul Jameel, who had permanently migrated to Madinah Munawarrah after his retirement out of great love for the Holy Prophet ﷺ. It is pertinent to mention here that he was the son of the Chief Justice of Bahawalpur, Justice Mir Sirajuddin. It was he, who was pleased to admit an appeal in 1917 against a convert Qadiani, Karim Bukash in a similar case of dissolution of marriage. The Qadianis maneuvered to place the said case before a Hindu Judge of the same Court, Justice Mehta Udhu Das, in absence of the Chief Justice. As the Learned non-Muslim Judge was not fully conversant with the fundamentals of Islam, so he dismissed the appeal with reference to the Judgment of Madras High Court. The suggestion of the noble son of the former Chief Justice of Bahawalpur for rendering the Judgment of Special Judge in English was the pressing need of the day as the English Language has been fast becoming one of the major languages of the Muslim countries, besides being mother tongue of larger number of non-Muslims who have embraced Islam. So in order to communicate the genesis and structure of Qadianiyyat to the Muslim World and Europe, especially to the Neocon (New Conservative Christian), Government of America through its citizens and the clergy who perhaps have little knowledge about the faith of Qadianis.

The founder of this new religion, Mirza Ghulam Ahmed, claimed himself to be the promised Messiah. In an attempt to establish his false claim that he is the son of Mary, he writes in his book “Haqiqatul Wahi” (The Truth of the Revelation) on page 337 which reads as under:

“I was made son of Mary for two years. Then the spirit of Jesus was blown into me as it was blown into Mary. I conceived metaphorically. After some months, not exceeding ten, I was transformed from Mary into Jesus. By such transformation I became son of Mary.”

Good God! What a revelation! After that he claimed that he was the reappearance of the Holy Prophet ﷺ for revival of Islam. So he who disbelieves him is Kafir i.e. infidel. Followers of Mirza also consider all Muslims to be Kafir. Sir Zafarullah Khan, who was appointed as Foreign Minister of Pakistan by Quaid-e-Azam Muhammad Ali Jinnah, refused to offer his funeral prayer as he was not a follower of his prophet Mirza Ghulam Ahmed, so he was an infidel according to his faith.

The Learned Special Judge therefore had rightly declared on the strength of evidence on record that Qadianis are not a sect of Islam but a different community like Sikh, Parsis etc. It is also observed in the said judgment that Mirza Ghulam Ahmed claimed himself superior to Jesus علیه السلام, because the latter was associated with prostitutes, whereas he never allowed any woman of ill repute to pay visit to him. After such utterances he has no place even within Christianity. So it is bounden duty of every Muslim individually and collectively to get the judgment presented to all the people within Pakistan and abroad who are unaware of the deceptive mechanism of Qadianis.

The translation of the monumental judgment was indeed an uphill task. However, the grand son of the Chief Justice of Bahawalpur and noble son of a noble father, Mir Abdul Majid Syed, came forward to accomplish the onerous job and to fulfill the sincere desire of his pious father, an esteemed Judge, Mir Abdul Jameel. He and Islamic Foundation deserve thanks of Muslims and all those who care to read this judgment. They will find out the myth of Qadianiyyat. Our learned brother, Syed Hamid Hasan Shah Advocate, was good enough to translate this judgment. As a matter of fact, without his expertise and devoted help, this book would have never been completed.

In the last, I will recommend the reader to critically examine the statements of Mirza Ghulam Ahmed and his writings referred to in the judgment of the Learned Special Judge. I hope and believe that this judgment will expose the Neo Messiah or Jesus Christ of the twentieth century, Mirza Ghulam Ahmed Qadiani, founder of Ahmediyyah religion in his true colors.

May Allah bless us all.

Taken from the Introduction to “Why the Ahmadis/Mirzais/Qadianis are non-Muslims? – A Classical Judgment of 1935”