Respect for principles
of natural justice and rule of law is a basic feature of even mundane legal
systems that administer justice among people. [Inset: Statue of Lady Justice, by F. W. Pomeroy on top of the Old Bailey Central Criminal Court in London, England- She carries a sword and scales but is not blindfolded].
In all such systems, the
following fundamental principles are central elements:
1) No one shall be a judge in his own cause.
2) No one shall be condemned unheard.
3) To ensure substantive justice, procedural fairness
shall be adhered to.
Now, all of us know that justice is among the foremost Islamic values. And, Ahmadis claim to be the inheritors of the finest Islamic traditions. In any case, they swear by Islamic values of the highest order, including JUSTICE. But, then, the question is this: How do they do when it comes to the Administration of Justice?
What kind of justice does the Administration provide
when they have to deal with issues that arise within the Community? How far
does the system accommodate notions of fairness, transparency, objectivity and
accountability within its power structures so as to ensure justice for its
common members? Do common Ahmadis gain justice when they approach the Khulafa
with the troubles they have with their leaders?
The plain fact is that injustice
breeds and thrives under the Ahmadiyya system today. The system originally built
on the foundations of implicit faith and trust of those who work under it has,
time and again, been abused by vested interests operating under the mask of obedience
to leadership and much injustice is flowing through the contaminated waters of
the present Khilafat system and common Ahmadis are suffering due to the
excesses of the administrators. There is a clearly perceived need to radically
rethink the current premises of administration of justice within the Ahmadiyya
Community in the light of the following Qur’anic verse:
“O David, We have made you a vicegerent on earth; so judge between
men with justice, and follow not vain desire, lest it should lead you astray
from the way of Allah. Surely, those who go astray from the way of Allah, will
have a severe punishment, because they forgot the Day of Reckoning.” (38 : 27)
In an Open Letter written on February 20, 2011 and
addressed to the current head of the Ahmadiyya Muslim Community, Mirza Masroor Ahmad Sahib, the Khalifatullah Hadhrat Munir
Ahmad Azim Sahib of Mauritius
Read from the Extracts of the Letter:
You have always based
yourselves on the report of your Amirs, missionaries-in-charge and especially
the Pakistani people working in close collaboration with you. You have always
listened to only one side of matters of high importance and based yourselves on
the so-called reports which your Amirs or missionaries-in-charge have sent you. I tried to analyse all these situations profoundly to understand
the why of all your decisions as Khulafa-tul-Massih. Very often, you take such
decisions which are aimed to humiliate people, send curse upon them, expel them
from the Nizam-e-Jamaat Ahmadiyya or order that a social boycott be applied
upon them, without realising that the sanction and judgement you took were
never based on Taqwa (and I am saying this as from the period which Islam Ahmadiyya has taken the route of
decline).
Allah has given man two
ears so that he may hear both versions in case a problem arises and that
judgement becomes necessary to distinguish truth from falsehood. Likewise Allah has given the Khulafa-tul-Massih two ears each to
listen to both sides, and to take such decisions as per the laws of Allah, not
decisions and judgements based upon the passions of either the
Khulafa-tul-Massih or their men-in-charge or both. Both parties must be made to
come for a partial hearing, so that both can expose their claim and proofs. Justice is not when only one party is
heard, basing oneself on merely a report of a person, being completely biased
about the situation at hand. Justice must be meted out, without exception, even
if it be against a family member. The Quran is clear about it.
Now, when I was still in the Ahmadiyya Movement of Mauritius, I
clearly recall that the fourth Khalifa-tul-Massih saying that when one reports an Amir (negative report),
then he MUST give a copy of the report to that Amir whom he is reporting with
the Khalifa. But where is fairness and logic in that it is only an Amir who has
a copy when matters become worse and justice has to be meted out? When an
Amir is reporting (negative report) an Ahmadi, does the latter not have the
right to get a copy of the negative report being sent on his person to the
Khalifa-tul-Massih? Is it because the
Khulafa-tul-Massih have implicit faith and trust in their appointed Amirs that
they do not need to hear the version of the other parties?
Do the Khulafa-tul-Massih
base themselves on only the report of their Amirs and precise the fact that if
the Amirs have done wrong, in giving a wrong report, then the Amirs shall be
wholly responsible – not the Khulafa! Do the Khulafa-tul-Massih not have an
intellect, a mind of their own to mete out justice? How weird is that!
Do the Khulafa-tul-Massih
have to hide behind their Amirs making their Amirs wholly responsible for the
negative reports they write against innocent Ahmadis and at the same time
executing the sanctions and punishments against the innocent Ahmadi Muslims for
they think they are safe for the fact that ‘they have based themselves wholly
on the report of their Amirs’?
No, Hazrat Mirza Masroor Ahmad Saheb, Allah has clearly defined how
justice is to be meted out and on what terms. Basing yourself on the report of
your Amirs does not safeguard you from the wrath of Allah when you happen to
take a wrong decision, especially a decision as grievous as to send curse and
expelling innocent Ahmadi Muslims from the Jamaat of Hazrat Massih Maoud (as).
This happened in the case of the fourth Khalifa-tul-Massih when he listened to
the lies of his Amir of Mauritius and “basing himself on the report of his
Amir” he took the decision to expel this humble self and Zafrullah Domun Saheb
from the Nizam-e-Jamaat Ahmadiyya. Is
that the fairness which Allah demands of the person at the head of a community?
If all Khulafa-tul-Massih
were to base themselves on the sole report of their Amirs, then what is to be
made of the Quranic verse where Allah chided His very own Khalifa (a
Khalifatullah) Daoud (as) about not following his passions and to judge with
fairness?
Was Hazrat Daoud (as) to base himself on the report of his
chiefs-in-command or mete out justice as per the law of Allah? After receiving
clear warning from Allah about the institution of justice, did Hazrat Daoud
(as) go against the commands of Allah by listening to only one version, by
being biased? If he had done so, would then not Allah have seized him with a
severe punishment as indicated in the above-mentioned Quranic verse (38 : 27).
If Allah has revealed such a verse to the Holy Prophet Muhammad
(peace be upon him), does it not mean that every person at the head of a
community (be them Khulafa-tul-Rassool, Khulafa-tul-Massih or even Elects of
Allah) not bound by this Divine law? Justice is from the “blood” of Allah.
Allah detests unfairness. Therefore He likes that justice pervades His kingdom,
be it in the Heavens and Earth, especially so on earth, for the earth is filled
with satanic forces which attract men towards doom with their chaotic evil
plans.
Likewise, rotten Khulafa or Amirs will have to face the consequences
of their acts, each responsible for their own deeds, especially when someone
has come from Allah saying that He is the Elect of Allah, the Mujaddid of his
era and thus the Khulafa-tul-Massih (4th and 5th –
especially the former) saying that there is no need of a Mujaddid, Messiah,
Muhyi-ud-Din in this era in the presence of a Khalifa-tul-Massih. They have
spread the nefarious idea among the people that no Man of God (Messengers of
Allah) is needed now for all Islamic needs shall be fulfilled in the person of
a man-made elected Khalifa in Jamaat Ahmadiyya and that all those who shall
proclaim to be divinely sent (each in his era) shall be labelled a liar and
that the revelations they receive from Allah are “so-called revelations”.
Thus, I have reached the
conclusion that you (the Khulafa-tul-Massih) have not understood the importance
of the above-mentioned Qur’anic verse and have not taken it into consideration,
preferring to base yourselves on the lies of your Amirs (especially in my case
– the so-called Amir of Mauritius) to take a one-sided decision not based on
Islamic fairness and justice. You did not (and still do not) judge people according
to the laws of Allah, preferring to follow your passions and that of your Amirs.
Allah is the Overpowering Lord. He does what He wants. When Allah
saw the piteous state to which the Khulafa-tul-Massih has rendered the Jamaat
of His Messiah Hazrat Mirza Ghulam Ahmad (as), and when all wrong decisions
devoid of justice and fairness have been taken – such decisions made without Taqwa
– therefore Allah removed His divine favour from the Khulafa-tul-Massih and He
(Allah) preferred to choose His very own Khalifa (a Khalifatullah) who has come
not only as a Vicegerent of God, but also as a Reformer (Mujaddid) and Messiah.
As long as the
Khulafa-tul-Massih were acting according to the divine laws with Taqwa, Allah did not see the necessity
to send someone from Him (His Chosen Khalifa), but since the past 15 years,
upon seeing the wrongs committed by the Khulafa-tul-Massih (such decisions and
judgement which are devoid of Taqwa, justice and fairness) and
with them following their own passions, it became necessary for Allah to send
His Chosen One to revive the lost teachings of Islam…”