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Ordinance XX and systemic bias against Ahmadiyya in Pakistan

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The State of Pakistan's treatment of the Ahmadiyya Muslims has been compared by critics of Pakistan's policy to South Africa's treatment of non-whites during its apartheid era.

Pakistani constitution (in second amendment) officially declares Ahmadis as non-Muslims which in a Muslim majority country with preferential treatment for Muslims amounts to declaring Ahmadis as untouchables.

#Ordinance XX forbids fundamental practices of Ahmadi Muslims' religion, and furthermore establishes a system by which they can be legally challenged on subjective grounds.[1]


Political rights, voting and representation, judiciary

Ahmadi Muslims are required to declare themselves as non-Muslims against their beliefs which effectively bars Ahmadi Muslims form registering for vote and to stand in elections.[2]

Judiciary has also bowed to the religious fanatics as is evident in a number of case decisions in recent years.[3]

Passports, National identification cards and Religious Profiling

Ahmadis are heavily profiled and every Pakistani has to curse Ahmadiyya beliefs when applying for Pakistani passport, Pakistani National ID cards and applying for jobs etc.

From official Pakistan passport application;

I …… hereby solemnly declare that:- (i) I am a Muslim and believe in the absolute and unqualified finality of the Prophethood of Muhammad (Peace be upon Him) - the last of the Prophets.

(ii) I do not recognize any person who claims to be a prophet in any sense of the word or of any description whatsoever after Muhammad (Peace be upon Him) or recognize such a claimant as a prophet or a religious reformer as a Muslim.

(iii) I consider Mirza Ghulam Ahmad Quadiani to be an impostor nabi and also consider his followers whether belonging to the Lahori or Qadiani group to be Non-Muslim.[4]

Media

In 2008, the Asian Human Rights Commission protested that the government of Pakistan had taken no action against a TV journalist who had made "stoked religious hatred" of the Ahmadi community.[5]

Ahmadiyya Muslims are not invited to present their views on the media , thus allowing only anti-Ahmadiyya prejudice to be spread in the Pakistan society.

Ordinance XX

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Ordinance XX is an ordinance of the government of Pakistan that was promulgated under the regime of General Zia-ul-Haq and is meant to prevent anti-Islamic activities of the Ahmadiyya.

Legal History

Ordinance XLIV of 1980 attempted to address the same issue without specifically naming the Ahmadiyya. It amends the PPC as follows:

  • 298-A: Use of derogatory remarks, etc., in respect of holy personages:*

Whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo or insinuation, directly or indirectly, defiles the sacred name of any wife (Ummul Mumineen), or members of the family (Ahle-bait), of the Holy Prophet (peace be upon him), or any of the righteous Caliphs (Khulafa-e-Rashideen) or companions (Sahaaba) of the Holy Prophet (peace be upon him) shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Ordinance XX followed in 1984, with the following changes to the PPC:

298-B. Misuse of epithets, descriptions and titles, etc., reserved for certain holy personages or places:

(1) Any person of the Quadiani group or the Lahori group (who call themselves 'Ahmadis' or by any other name who by words, either spoken or written, or by visible representation- (a) refers to or addresses, any person, other than a Caliph or companion of the Holy Prophet Muhammad (peace be upon him), as "Ameer-ul-Mumineen", "Khalifatul- Mumineen", Khalifa-tul-Muslimeen", "Sahaabi" or "Razi Allah Anho"; (b) refers to, or addresses, any person, other than a wife of the Holy Prophet Muhammad (peace be upon him), as "Ummul-Mumineen"; (c) refers to, or addresses, any person, other than a member of the family "Ahle-bait" of the Holy Prophet Muhammad (peace be upon him), as "Ahle-bait"; or (d) refers to, or names, or calls, his place of worship a "Masjid"; shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. (2) Any person of the Qaudiani group or Lahori group (who call themselves "Ahmadis" or by any other name) who by words, either spoken or written, or by visible representation refers to the mode or form of call to prayers followed by his faith as "Azan", or recites Azan as used by the Muslims, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.

298-C. Person of Quadiani group, etc., calling himself a Muslim or preaching or propagating his faith:

Any person of the Quadiani group or the Lahori group (who call themselves 'Ahmadis' or by any other name), who directly or indirectly, poses himself as a Muslim, or calls, or refers to, his faith as Islam, or preaches or propagates his faith, or invites others to accept his faith, by words, either spoken or written, or by visible representations, or in any manner whatsoever outrages the religious feelings of Muslims shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.

According to the Ahmadiyya, this law does not allow Ahmadi Muslims to call themselves Muslim or to "pose as Muslims" punishable by three years in prison. This Ordinance and the 1974 amendment in the constitution effectively gave the state of Pakistan, the exclusive right to determine the meaning of the term "Muslim".[6]

Criticism

According to this ordinance, Ahmadis are debarred from the use of any honorific titles and modes of address specific to the Prophetic community, from building mosques and calling the Adhan, from undertaking Muslim modes of worship, and from making any citations from the Quran and Muhammad's hadith. The Penal Code is adjusted to provide two years of imprisonment to anyone caught doing any of the above. According to the Ahmadi claims of state persecution, this ordinance criminalises the everyday life of Ahmadis[7]. reciting the Kalima (Muslim creed) and greeting with peace in the Muslims way is a criminal offence for Ahmadis in Pakistan.[8] In the following four years from the regulation of the ordinance, there were more than 3,000 cases of Ahmadis charged with various offences under the regulation, 6 were sentenced to 25 years imprisonment and 4 were sentenced to death. No executions have occurred to date and such cases have though subsided in recent years. The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities has called on the Commission on Human Rights to "call on the Government of Pakistan to repeal Ordinance XX."[9]

References

  1. ORDINANCE NO. XX OF 1984 PART II - AMENDMENT OF THE PAKISTAN PENAL CODE (ACT XLV OF 1860) (3) 298C... Any person of the Quadiani group or the Lahori group (who call themselves ‘Ahmadis’ or by any other name), who … invites others to accept his faith, by words, either spoken or written, or by visible representations, or in any manner whatsoever outrages the religious feelings of Muslims, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.
  2. International Religious Freedom Report 2009
  3. Freedom of Religion and Religious Minorities in Pakistan: A study of judicial practice [1]
  4. Pakistan Passport Renewal Form issued by the Pakistan Consulate in Frankfurt
  5. PAKISTAN: No action taken against Geo TV presenter who incited Muslims to murder members of Pakistan minority on air ; Asian Human Rights Commission 18 September 2008[2]
  6. Trespasses of the State, Ministering to Theological Dilemmas through the Copyright/Trademark, Naveeda Khan, Sarai Reader, 2005; Bare Acts. Page 184
  7. Government of Pakistan - Law for Ahmadis
  8. Trespasses of the State, Ministering to Theological Dilemmas through the Copyright/Trademark, Naveeda Khan, Sarai Reader, 2005; Bare Acts. Page 178
  9. www.unhchr.ch/Huridocda/