Ahmadiya Case: Section 1 Part 2

Part 2

We enquired from Mr. Riazul-Hasan Gillani, counsel for the Federal Government whether he would like to proceed only on the assumption that Quadianis have been Constitutionally declared non-Muslims or would like to argue the point of their status independently in the light of the Shariah. He opted in favour of the latter proposition. On this Mr. Mujibur-Rehman submitted that he would like to argue and elaborate the question of status of the Quadianis in the light of the injunctions of the Quran and the Sunnah.

The arguments of Mr. Mujibur-Rehman on the assumption of the Ahmadis being Muslims is an invitation to this Court to go into this question. The Court cannot thus avoid giving its finding on this point. The point was fully argued and shall be dealt with in the judgment.

The assertion in the written arguments filed at the end that the petitioners themselves did not wish to raise the question of their belief is thus only partly correct.

Before elaborating the points involved in this petition as well as the effects of different provisions of the impugned Ordinance, it would be pertinent to throw light on the Muslims concept of finality of the prophethood of Muhammad (P.B.H) which is the main theme of the difference between the Muslims and Ahmadis and which was the base of Constitution (second amendment) Act 1974 (Act XLIX of 1974) according to which the Ahmadis were declared non-Muslims.

The Muslims of all schools of thought believe in the absolute finality of the prophethood of Muhammad (P.B.H) and consider it an article of their faith. This unanimous belief is based on verse 33:40 of the Holy Quran. The said verse and its meaning interpretations and explanations are reproduced as under:-

Muhammad is not the father of any man among you but he is the Messenger of Allah and the seal of the Prophets and Allah is aware of all things. (Q: 33 : 40)

The word Khatam-un-Nabiyin has been the subject matter of interpretation from the very beginning. It was interpretted in the traditions of the Holy Prophet (P.B.H) as well as by the commentators of the Holy Quran, learned scholars and renowned jurists. It is established that this expression can be read as Khatim-un-Nabiyin. The word Khatim means one who finishes or ends. There is no controversy on the point that if the word is Khatim-un-Nabiyin it would mean one on whose Prophethood, the chain of Prophets terminates.

The word Khatam means seal and Khatam-un-Nabiyin means seal to Prophets. The well established meaning on which there has been a consensus is that the expression seal to Prophethood means last of the Prophets who seals Prophethood and after whom no Prophet can come, and the cessation of advent of Prophets is absolute. This meaning was accepted by Mirza Sahib also (Izala-e-Auham, vol. 2, page 511). However, after his claim to Prophet-hood he altered the meaning of the expression and interpreted it as the seal of Prophet Muhammad (P.B.H) for continuing the Prophets whose advent is destined later which means that the advent of Prophets is not a matter past and closed but is subject to the condition that after Prophet Muhammad (P.B.H.) whoever arrives as a Prophet must bear the seal of Prophet Muhammad (P.B.H.) which means that he is a Prophet sent to this world under his seal of approval for rejuvenating his Sharia as laid down in the Quran and the Sunnah.

This interpretation, as will be clear from the above is a departure from the interpretation regarding the absolute cessation of Prophethood on which there had been a consensus which is also reflected in the earlier writings of Mirza Sahib.

In the above mentioned verse the word 'Khatam' has been read in two manners i.e. with an 'a' after 't' or 'i' after the same letter. According to Ibne Amir and Assim it is read as 'Khatam' (with fatha on the letter 't' ). In that case it is a noun meaning 'the last'. As such the word 'Khatam-un-Nabiyin' means the last of the Prophets.

According to others it is read as 'Kahtim' with an 'i' after 't' (kasra under the letter 't') which makes it a subject meaning 'He who finishes'. As such Khatim-un-Nabiyin means he who terminates the (chain of) Prophets i.e. the Prophethood ceases with him (Maalimut Tanzil By Imam Baghawi, Vol 4 Page 213).

In Lisanu Arab, it is stated that Khatam means to finish as it is said, (may Allah resolve (finish) his affairs beneficially). The end of everything is called Khatam and its plural is Khwatim which means the ends.

Farra said that Khatam and Khatim are synonyms with the only difference that gramatically the first is a noun and the second is an infinitive verbal noun. Khatam and Khatim are the names of the Holy Prophet (P.B.H.) as Allah says in verse 33:40 that he is Khatam-un-Nabiyin which means the last of Prophets.

Khatam also means to prevent. It usually means the protection of a thing from mixing with other things. Khatam means seal too which means to prevent another thing from mixing with the sealed thing. Kahtam also means the ring. (Lisanul Arab, Vol 13, pages 53-55)

According to Al-Raghib Khatama and Tabaa signify the impressing a thing with the engraving of the signet and stamp; and the former is tropically used, sometimes, as meaning the securing oneself from a thing, and protecting oneself from it, in consideration of protection by means of sealing upon writings and doors; and sometimes as meaning the producing an impression, or effect, upon a thing from another thing; in consideration of the impression produced (by the signet); and sometimes it is used as relating to reaching the end (of a thing) (see lane on khatama .

(He sealed his heart) means he made him to be such that he understood not, and such that nothing proceeded from him; or he made his heart, or mind to be such that it understood not (lane 'Khatama'.

(Allah sealed their hearts) and (Allah engraved their hearts) point to what God has made to be usually the case when a man has ended in believing what is false and in committing that which is forbidden, so that he turns not his face to the truth; thus occasioning as its result, his becoming insured to the approval of acts of disobedience, so that he is as though his habit were impressed upon his heart. (see Al-Mufradat by Raghib Asphahani, page 143, see Lane on Khatama .

means a Prophet on whose arrival the (chain of) prophethood came to an end. (Al-Mufradat by Raghib Asphahani, pages 142 -143).

In Tajul-Urus it is stated:

Among the names of the Holy Prophet (P.B.H.) are Khatam () and Khatim () which means that Prophethood was put to an end with his advent. (Tajul Urus, Vol. 4, page 186; Also see Majmaul Bihar, Vol. 8, page 194).

Thus the dictionary meaning of the word Khatam (seal ) or Khatim (one who put an end) is the same.

On this very basis, all the lexicographers and commentators have unanimously taken Khatam-un-Nabiyin to mean Akhir-un-Nabiyin (last of the Prophets). From the view point of Arabic; sage and lexicon, Khatam does not imply the postal stamp which is put on the envelope for issue but implies to the seal put on the envelope so that it is secured, so that what is in it cannot come out nor anything can enter it unless the seal is broken.

The Quranic verse 33 :40 has been similarly interpretted by all the renowned commentators, who; also dealt with a moot question. There are some traditions about the second coming of Jesus near about resurrection. These traditions have been held by some to be weak being repugnant to the Holy Quran and the Sunnah but a large majority believes in their authenticity. In the view of the majority there is no repugnance between the Quran and these traditions since Jesus who was a Messenger of Allah and a Prophet had been commissioned as Prophet long before the advent of the Holy Prophet (P.B.H.) while the verse refers to the advent of the new Prophet after Muhammad (P.B.H.).But Jesus will appear in this world as a member of the Muslim Ummah and a follower of Islamic Sharia. These authoritative interpretations and opinions may now be cited.

(1) Allama Ibn-e-Jarir Tabari (224-310 A.H.) in his well-known commentary of the Quran, explained the meaning of this verse thus: "He brought the Prophethood to a close and sealed it : Now this door will not open for anyone till Resurrection". (Tafsir Ibn-e-Jarir, Vol. 22, page 12).

(2) Imam Tahavi (239-321 A.H.) writes in his 'Aqidah Salfia' regarding the beliefs of the righteous, especially of Imam Abu Hanifa, Imam Abu Yusuf and Imam Muhammad (may Allan show mercy to all of them) in respect of Prophethood, "And that Muhammad (P.B.H.) is the chosen servant of Allah, His Prophet and favourite Apostle; and he is the last of the Prophets, the leader of the righteous, the chief of the Apostles, and beloved of the Lord of the worlds. (Sharh-ut-Tahaviah Fil-Aqidat-is-Salfia, Dar-ul-Maarif, Egypt, pages 15, 87, 96, 100, 102).

(3) Allama Ibn-e-Hazm Undlasi (384-456 A.H.) writes: "Most certainly the transmission of the revelation has ceased after the death of the Holy Prophet (P.B.H.), the reason being that the revelation comes down to none but a Prophet, and Allah Himself has said : Muhammad is not the father of any of your men, but he is the Messenger of Allah and the last of the Prophets. (Al-Muhalla, Vol. I; page 26).

(4) Imam Ghazzali (450--505 A.H.) says : There is complete consensus among the Muslim Ummah that there is no Prophet after the Holy Prophet Muhammad (P.B.H.) .......The whole Ummah is unanimous that the Holy Prophet (P.B.H.) by his words "" meant nothing but this that after him there will neither be a Prophet nor an Apostle. Anyone who interprets this tradition in any other way, goes outside the pale of Islam; his interpretation would be nonsensical and his writing heretical. Besides, the Ummah is also unanimous that there is no scope whatever for any other interpretation than this; the one who denies it, denies the consensus of the Ummah. (Al-lqtisad-fil-I'tiqad, Egypt, page 114).

(5) Muhyus-Sunnah Baghvi (d.516 A.H.) writes in his commentary Ma'alim-ut-Tanzil : "Allah closed the Prophethood through the Holy Prophet (P.B.H.); thus he is the last of the Prophets . . . . . . And Ibn-e-Abbas says that Allah Almighty decreed (in this verse) that after him there would be no Prophet". (Ma'alim-ut-Tanzil, Vol. 3, page 158).

(6) Allama Zamakhshari (467--538 A.H.) writes in his commentary Al-Kashshaf "if you ask: How can the Holy Prophet (P.B.H.) be the last of the Prophets when there is the belief that Prophet Jesus will come down during the last days before Resurrection! I shall say: The Holy Prophet (P.B.H.) is the last of Prophets in the sense that no other person will be raised as a Prophet after him. As for Prophet Jesus, he is one of those who had been commissioned as Prophet before the advent of the Holy Prophet (P.B.H.). And when he comes again, he will come is a follower of the Sharia of Muhammad (P.B.H) and will offer the prayer with his face towards his Qiblah (the Ka'bah) like any other member of his Ummah"

(Al-Kashshaf, Vol. 2, page 215).

(7) Qazi Ayaz (d. 544 A.H.) writes : "He who lays a claim to Prophethood for himself, or holds that one can acquire it and can attain the rank of Prophethood through the purification of the heart, as some philosophers and so-called sufis assert, and likewise he who does not claim to be a Prophet but claims that he receives revelation....all such people are disbelievers and deniers of the Holy Prophet (P.B.H.), for he informed us that he was the last of the Prophets and that no Prophet would come after him. And this news was a communication from Allah that he has closed the Prophethood and that he has been sent to all mankind; and the whole Ummah is unanimous that these words have no other but the apparent meaning. There is no room for a different interpretation or special meaning. Therefore, there can be absolutely no doubt about such people's being unbelievers (kafir) both according to the consensus and the traditions (Shifa, Vol. 2, pages 270-271).

(8) Imam Razi (543-606 A.H.) explaining the verse of Khatam-un-Nabiyin says in his Tafsire-Kabir: "in this context, the reason for saying Khatam-un-Nabiyin is that if a Prophet be succeeded by another Prophet he leaves the mission of admonition and explanation of Injunctions somewhat incomplete and the one coming after him has to complete it. But the Prophet who is never to be succeeded by another Prophet is by far more compassionate to his people (Ummah) and provides for them explicit and complete guidance, for he is like a father who knows that after him his son has no guardian and patron to look after him". (Tafsir-e-Kabir, Vol. 6, page 581).

(9) Allama Shehrastani (d.548 A.H.) writes in his book Al-Milal-wan-Nihal : "And likewise the one who says :.... that another Prophet (except for the Prophet Jesus) will be raised after the Holy Prophet Muhammad (P.B.H.) is a Kafir and there is no difference of opinion about this even between two men". (Al-Milal-wan-Nihal, Vol. 3, page 249).

(10) Allama Baidawi (d. 685 A.H.) writes in his commentary Anwar-ut-Tanzil : "the Holy Prophet (P.B.H.) is the last of the Prophets, who closed their line, or through whom the line of the Prophets was sealed. And the Prophet Jesus' second advent does not contradict the Holy Prophet's (P.B.H.) being the last Prophet, for when he comes, he will be a follower of his Sharia". (Anwar-ut-Tanzil, Vol. 4, page 164).

(11) Allama Hafiz-ud-Din Nasafi (d. 710'A.H.) writes in his commentary Madarik-ut-Tanzil "that the Holy Prophet (P.B.H.) is Khatam-un-Nabiyin, i.e. the last of the Prophets: After him no other person will be appointed a Prophet.

As for the Prophet Jesus, he is one of those who had been appointed Prophets before him, and when he comes the second time, he will come as a follower of the Sharia of Muhammad (P.B.H.), and as a member of his Ummah". (Madarik-ut-Tanzil, Vol. 5, page 471.)

(12) Allama Ala-ud-Din Baghdadi (d. 725 A.H.) writes in his commentary Khazin: "Wa Khatam-un-Nabiyin, i.e. Allah closed the line of Prophethood on the Holy Prophet Muhammad (P.B.H.). Now there is neither any Prophethood after him nor any association or partnership with him in this. Allah has the knowledge that there is no Prophet after him". (Lubabut Tawil fi Maanit Tanzil, Vol. 5, pages 471-472).

(13)Allama Ibn-e-Kathir (d. 774 A.H.) writes in his well known commentary : "Thus, this verse is an express injunction in this regard that after the Holy Prophet there is no Prophet ( ) and when there is no Prophet after him, there can be no Messenger ( ) either, for Messengership is specific and Prophethood general: every Messenger is a Prophet but every Prophet is not a Messenger.....

Anyone who lays a claim to this office after the Holy Prophet (P.B.H.) is a liar and imposter and deviater and unbeliever, no matter what supernatural and magical spells and charms and sorcery he practises... ...The same is the position of every such person who lays a claim to this office till Resurrection". (Tafsir-lbn-e-Kathir, Vol. 3, pages 493-494).

(14) Allama Jalal-ud-Din Suyuti (d. 911 A.H.) writes in Jalalayn: ""Allah has the knowledge of everything and knows that there is no Prophet after the Holy Prophet (P.B.H.); and when Prophet Jesus comes down he will be a follower of the Holy Prophet's (P.B.H.) Sharia. (Jalalayn, page 768).

(15) Allama Ibn-e-Nujaim (d. 970 A.H.) writes in his book Al-Ashbah-wan-Nazair, "if a person disbelieves that Muhammad (P.B.H.) is the last of the Prophets, he is not a Muslim, for this is one of the fundamentals of the faith ". (Al -Ashbah-wan Nazair, page 179).

(16) Mulla Ali Qari (d. 1016 A.H.) writes in Sharh Fiqh Akbar: "There is complete consensus of the Ummah on the point that laying claim to Prophethood after the Holy Prophet Muhammad (P.B.H.) is Kufr (heresy)". (Sharh Fiqh Akbar, page 202).

(17) Shaikh Ismail Haqqi (d. 1137 A.H.) explaining the above verse in his commentary Ruh-ul-Bayan, writes: "Asim read the word as Khatam, which is the sealing instrument with which things are sealed. It implies that the Holy Prophet (P.B.H.) came at the end and on him the line of the Prophets was closed and sealed ....Some people have read it as Khatim, which means the one who puts a seal. Thus, Khatim also is a synonym of Khatam... Henceforth the saintly scholars of his Ummah will be his successors in Walayat (spiritual eminence) since the succession to Prophethood has been brought to a close. And the second coming of the Prophet Jesus does not affect the Holy Prophet's (P.B.H.) being the last of the Prophets, for Khatam-un-Nabiyin means that no other Prophet will be raised after him....And Jesus has been raised as a Prophet before him. On his second coming he will come as a follower of the Sharia of Muhammad (P.B.H.). He will offer the prayer with his face towards his Qiblah, like any other man belonging to his Ummah. He will be a Caliph of the Holy Prophet Muhammad (P.B.H.).

And the followers of the Sunnah believe that there is no Prophet after our Holy Prophet (P.B.H.) for Allah has said: "But he is the Messenger of Allah and the last of the Prophets", and the Holy Prophet (P.B.H.) has declared "There is no Prophet after me". Now whoever says that there is a Prophet after our Holy Prophet (P.B.H.), will be declared a Kafir for he has denied a fundamental article of the faith; likewise, the one who doubts it, will also be declared a Kafir, for the Truth has been made distinct from falsehood. And the claim of the one who claims to be a Prophet after the Holy Prophet Muhammad (P.B.H.) can be nothing but imposture (Ruh-ul-Bayan, Vol. 22, page 188).

(18) According to Fatawa Alamgiri, a compilation of the 12th century Hijrah, compiled by a board of eminent scholars under the orders of Aurangzeb 'Alamgir' the Emperor of India: "If a person disbelieves that Muhammad (P.B.H.) is the last of the Prophets, he is not a Muslim; and if he claims that he is Allah's Messenger or Prophet he will be declared a Kafir. (Fatawa Alamgiri, Vol. 2, page 263).

(19) Allama Shaukani (d. 1255 A.H.) writes in his Tafsir Fateh-ul-Qadir: "The majority of the scholars have read the word as Khatim and Asim as Khatam. According to the first reading, it would mean this: The Holy Prophet (P.B.H.) closed the line of the Prophets, i.e. he came at the end of them, and according to the second reading: He was like a seal for them, with which their line was sealed, and with whose inclusion their group was exalted. (Fateh-ul-Qadir, Vol. 4, page 275).

(20) Allama Alusi (d. 1270 A.H.) writes in his commentary Ruhul Maani: "The word Nabi (Prophet) is general and Rasool (Messenger) specific. Therefore, the Holy Prophet's (P.B.H) being Khatam-un-Nabiyin by itself requires that he should also be Khatam-ul-Mursalin; and his being the last of the Prophets and Messengers implies that after his being blessed by Allah with the Prophethood in this world, the office of Prophethood for any jinn or human being has been abolished". (Ruh-ul-Maani, Vol. 22, page 32). "Whoever after him claims to be the recipient of revelation of Prophethood will be declared a Kafir and there is no difference of opinion among the Muslims in this regard". (Ruh-ul-Maani, Vol. 22, page 38). The Holy Prophet's (P.B.H.) being the last of the Prophets has been explicitly stated by the Book of Allah, clearly enunciated by the Sunnah and fully agreed upon by the entire Ummah. Therefore, whoever claims something contrary to it, will be declared a Kafir" (Ruh-ul-Maani, Vol. 22, page 39).

Reproduce Freely