SC defines Qadianis constitutional status

Corrected verdict in Mubarak Sani case reaffirms earlier rulings on deviant faith

ISLAMABAD:

In its detailed "corrected" verdict in the Mubarak Ahmad Sani case, the Supreme Court ruled that it is mandatory for Qadianis to accept their status as outlined in the Constitution.

"Within the parameters of the Constitution, their rights can be determined and protected," stated the ten-page order, issued on Thursday.

The verdict, authored in Urdu by Chief Justice of Pakistan (CJP) Qazi Faez Isa, emphasized that belief in the finality of Prophethood is central to Islam, demanding that every Muslim must regard the Holy Prophet (PBUH) as Khatamun Nabiyeen, meaning the last Messenger of God.

"Section 260 (3) of the Constitution of the Islamic Republic of Pakistan clearly defines a 'Muslim' as someone with complete and unconditional faith in the Finality of Prophethood. No alternative interpretation or justification is acceptable in this regard."

The order added, "Just as it is mandatory for a law-abiding citizen of any state to accept their country's constitution in letter and spirit—since constitutions are the mother of all laws—it is also mandatory for Qadianis to accept their status as defined in the Constitution."

The verdict referred to earlier rulings on the religious rights of those who identify as Ahmadis or Qadianis, citing the Federal Shariat Court's decision in Mujibur Rehman vs Government of Pakistan and the Supreme Court's ruling in Zaheer Uddin vs State as key precedents.

"The Anti-Qadiani Ordinance is an established and enforceable law in the Islamic Republic of Pakistan," the ruling said.

The court clarified that its rulings from February 6 and July 24 have now been replaced by this corrected decision, stating, "This is the final and conclusive verdict in this case."

On August 22, a three-member bench of the Supreme Court led by Justice Isa and including Justice Aminuddin Khan and Justice Naeem Akhtar Afghan issued a brief order while hearing the miscellaneous applications, seeking correction in the court's July 24 order.

While granting bail to a Qadiani man, the Supreme Court bench issued some rulings which had been widely criticized by religious parties and religious scholars as against the Constitution.

Hearing a review petition filed against the earlier order, the SC had amended its earlier order but failed to satisfy religious scholars. Later, the federal and Punjab government filed miscellaneous applications seeking "correction" in the order of July 24.

The court later requested assistance from religious scholars of all major schools of thought and issued a brief "corrected" order on August 22. It unveiled its detailed reason on Thursday.

Hailing the verdict, the Council of Islamic Ideology (CII) Chairman Dr Muhammad Raghib Hussain Naeemi issued a statement which described the order as a true reflection of the sentiments of Muslims.

"The court not only retracted its earlier rulings from February 6 and July 24 but also presented arguments from Quranic verses and Hadith supporting the finality of the Holy Prophet (PBUH).