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
profoundly analyzed this question. The
Messenger of Allah of our times- the Khalifatullah- describes justice as from
the very “blood” of Allah. He points out that Allah detests unfairness among
his creatures-be it in the Heavens or in the Earth. Pointing to the how and why
of the decline in justice-oriented administrative values in the Ahmadiyya
Community today, the Khalifatullah provides a profound explanation for the magnificent
Will of Allah working behind the current Divine Manifestation. 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…”