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Qadiayniat: A Most Notable Trial of British India
By:Alaf Khan, Peshawar
Date: Monday, 30 March 2020, 10:28 pm

{The Bhutto Govt was not the first to constitutionally declare Ahmadis as non-Muslims. It was a judge of the British India judiciary who, in 1935, legally declared Ahmadis as non-Muslims and Murtads (apostate). The judge had examined heaps of documents, had examined a large number of scholarly witnesses from both parties and had debriefed a large number of scholars of differing persuasions from 1926 till 1935. Had the case been heard in a British court inside Britain, it would have almost certainly been archived in the famous series titled "Notable BritishTrials"}

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"On July 24, 1926, Maulvi Ilahi Bux, a resident of the village Mahanad, in the Tahsil of Ahmadpur Sharqia , Bahawalpur State, filed a suit, on behalf of his daughter, Ghulam Aisha, against Abdur Razzaq Qadiani, in the lower Court of Ahmadpur Sharqia. In the case, it was alleged by the plaintiff that Abdur Razzaq to whom she was given in wedlock before her age of puberty, was no longer her lawful husband since, in consequence of his conversion to Qadiani faith, he had become renegade from Islam and that apostasy, in accordance with the Law of Shariat, renders wedlock null and void.

The defendant stated in reply that the Qadianis are only a sect of Islam and that, on the basis of their articles of faith, they cannot be declared infidel (Kafir) or apostate (Murtad). Hence, there is no ground for the dissolution of the marriage.

This case, having passed through several stages, came up for hearing before Munshi Muhammad Akbar Khan, B.A., LL.B., District Judge, Bahawalnagar. The learned Judge, after several years of full discussion, in which renowned scholars of both the parties took part, gave his verdict on February 7, 1935. The verdict reads as follows:

The Judgment

On behalf of the plaintiff, it has been proved that Mirza Sahib (Mirza Ghulam Ahmad of Qadian) is a false claimant of prophethood and hence the defendant who accepts Mirza Sahib as Prophet shall also be deemed an apostate. Therefore, the preliminary issues framed by the Munsif of Ahmadpur Sharqia on November 4, 1926, having been established in favor of the plaintiff, it is hereby declared that the defendant by reason of his conversion to the Qadiani faith has become an apostate and therefore his marriage stands dissolved since the date of his apostasy.

Even if the articles of the defendant's faith are considered in the light of the concluded discussions, the plaintiff has successfully established vis-a-vis the allegation of the defendant, that there shall not arise an 'ummati' prophet after Muhammad (peace be upon him). Besides this, the other articles of faith, which the defendant has ascribed to himself, may correspond to the general view of the principles in the Islamic faith, he shall be deemed to act on them in the sense and import which Mirza Sahib has put upon them. And because this is in conflict with the one which the Muslim Ummah, as a whole, has attributed to them (articles of faith), he can not, therefore, be called a Muslim. And, in both cases, he is an apostate. An apostate's marriage stands dissolved by the reason of his apostasy. It is, therefore, decreed in favor of the plaintiff that the plaintiff ceased to be the wife of the defendant from the date of the defendant's apostasy and that she will be entitled to the costs incurred in the case".

Messages In This Thread

Qadiayniat: A Most Notable Trial of British India
Alaf Khan, Peshawar -- Monday, 30 March 2020, 10:28 pm
Qadiayniat: A Most Notable Trial of British India
Alaf Khan, Peshawar/Dr. Shabbir -- Tuesday, 31 March 2020, 8:03 pm
Re: Qadiayniat: A Most Notable Trial of British In
Muhammad Rafi Karachi -- Wednesday, 1 April 2020, 7:21 am
Qadiayniat: A Most Notable Trial of British In
Dr Shabbir, Florida -- Wednesday, 1 April 2020, 8:05 pm