Pakistan: Issuance of fatwas; reports of fatwas issued against non-Muslims (1998-2002)

In addition to the information provided in PAK38227.E of 12 February 2002, a recent report stated that the Pakistani government has moved to control the issuance of fatwas in Pakistan. The article noted:

The government will assign a selected class of religious scholars (ulema) to issue edict, commonly known as Fatwa, on social and religious matters that are referred to them for guidance.

...

Sources engaged in the consultation process disclosed that the government wanted to curb the rising trend of issuing edict by every ulema even including those who had little knowledge of Islam.

Minister for Religious Affairs Dr Mehmood Ghazi is contacting respected religious scholars belonging to different schools of thought to shape up a consensus policy. The government, the sources said, planned to designate a selected class of religious scholars who should be allowed to issue edict on matter referred to them either by the government or the public. These scholars, it is said, should be highly qualified in Quran, Hadith [tradition, sayings of Prophet Muhammad], and jurisprudence besides having good knowledge of modern subjects and should be good practicing Muslims.

Except the designated ulema the edict could not be issued by anyone else. An edict by ineligible religious leader would not be accepted. According to a source the government should set up a council of educated ulema belonging to different schools of thought for a consensus edict on matters, which are of vital importance and requires agreement of all the sects.

Such a council, it is recommended, should be engaged only on important matters. It is discussed by the authorities that the present situation where the edicts are issued by all and sundry, results into division among the Muslims and fuels sectarianism.

The religious ministry is also presently busy in preparing a list of 'dos and don'ts'. This list, to be provided to every mosque in the country, would bound those sitting in the pulpits to avoid talking on issues that cause disharmony and hatred.

This list, it is said, would be hanged at a noticeable place in every mosque so that those praying in the premises should know that where the religious leader is violating the code of conduct (The News 31 Jan. 2002).

Reports indicate that fatwas are issued against non-Muslims in Pakistan. In October 2001 (Barnabus Fund 3 Oct. 2001), Islamic religious leaders issued a fatwa "stating that two Pakistani Christians would be killed for every Muslim who dies during American strikes on Afghanistan" (ibid. 18 Mar. 2002; ibid. 3 Oct 2001; Pakistan Christian Post. 29 Oct. 2001).

The News also reported on 22 September 2001 that "Scholar Maulana Qari Anwarul Haqani" issued a fatwa against the United States that said:

"Get ready to fight against the US and its coalition forces. We will fight till the last drop of blood in out veins and this is a war between Islam and anti-Islamic forces." He said that he had given the Fatwa in the light of the Holy Quara'an and Sunnah [teachings of the Holy Prophet].

An earlier report in Pakistan's The Nation specifies that "[m]osques have become platforms from where edicts are issued in favour of killing Americans and taking up arms against their global tyranny imposed on the Muslims" (30 Aug. 1998). The same report mentions an anti-US fatwa issued by jailed Egyptian Scholar Al-Shaikh Al-Mujahid Umar Abdul Rehman available at "all central madrases in Pakistan [where they] are in great demand". A fatwa against Russia was the focus of a second article in The Nation reporting one "of 'jihad' ... for indiscriminate killing of Chechen Muslims by the latter" issued by the Ulema Council (25 Nov. 1999). The fatwa "demanded of the Islamic World to come to the 'physical, moral and diplomatic help of the Chechens who are being badly crushed by the air and artillery attacks of the Russian army" (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Barnabas Fund E-Mail News Service. 18 March 2002. "Five Killed in Attack on Church: Pakistani Christians Face New Climate of Fear." [Accessed 3 May 2002]

_____. 3 October 2001. "Two Christians to be Killed for Every Muslim: Fatwa Issued in Pakistan" [Accessed 3 May 2002]

The Nation [Islamabad]. 25 November 1999. "Pakistan Ulema Declares Jehad Against Russia." (FBIS-NES-1999-1125 25 Nov. 1999/WNC)

_____. 30 August 1998. Syed Talat Hussain. "Pakistan: Article Views US Strategy on Osama." (FBIS-NES-98-243 31 Aug. 1998/WNC)

The News [Islamabad]. 31 January 2002. Ansar Abbasi. "Pakistan: Only Government-Appointed Religious Scholars to Issue Edicts in Future." (FBIS-NES-2002-0131 31 January 2002/WNC)

_____. 22 September 2001. "Pakistan: Daily News Details Countrywide Anti-US Rallies, Strike 21 Sep." (FBIS-NES-2001-0922 22 Sept. 2001/WNC)

Pakistan Christian Post [New York]. 29 October 2002. "Bahawalpur Massacre: Deliberate Revenge Attack on Christians?" [Accessed 3 May 2002]

Additional Sources Consulted

IRB Databases

Internet sites including:

Barnabus Fund

BBC Archives

CNN Archives

Dawn

Findarticles.com

News International

World News Connection

Yahoo.com