امتناع قادیانیت آرڈیننس 1984ٴ وفاقی شرعی عدالت میں

by Other Authors

Page 191 of 328

امتناع قادیانیت آرڈیننس 1984ٴ وفاقی شرعی عدالت میں — Page 191

ORDER For reasons to be recorded later, we hold, we hold that:- (1) The allegation in the two Petitions as elaborated at the Bar that the impugned Ordinance violates the freedom of faith of the Qadianis of either persuasion or restrains them from practising their religion or affects their right of worship is not correct۔The said Ordinance does not interfere with the right of the Petitioners or other Qadianis to profess and practise their religion in accordance with the provisions of the Constitution and the injunctions of the Holy Quran and the Sunnah۔They are at liberty to profess Qadianism or Ahmadi-ism as their religion and to profess their faith in Mirza Ghulam Ahmad of Qadian as a prophet or the Promised Messiah or the Promised Mehdi۔They are also at liberty to practise their religion and worship inter alia in their places of worship according to the tenets of theirreligion۔(2) The impugned Ordinance is consequential to the Constitutional Amendment of 1974 by which the Qadianis, whether belonging to the Lahori Group or others were declared non-Muslims in accordance with the dictates of Islamic Sharia۔In implementation of the Constitutional flat which was desregarded with impunity by the qadianis, they have been restrained by the impugned Ordinance from directly or indirectly calling or posing themselves as Muslims or calling their faith as Islam۔To call their places of worship by the name of Masjid (mosque) and to call people to prayers by calling Azan which (name for the place of worship and method for calling people to prayer) are exclusive for the Muslims and destinguish Muslims form non-Muslims, amounts to posing as Muslims۔By the said name and the said call to prayers, the unwary among the Muslims are likely to be deceived and to be drawn to offer their prayers behind a non-Muslim Imam in a non-Muslims place of worship۔The Prohibitim against calling their places of worship as Masjid or calling Azan for prayers is for thus consequential to the declaration of the Ahmadis or Qadianis as non-Muslims or prohibition against posting them as Muslims۔The Qadianis can call their places of worship by any orther name and call the adherents of their religion to prayer by use of any other method۔This does not amount to interference with the right to profess or practise their religion۔(3) The prohibition against the use of epithets, descriptions and titles etc۔reserved for holy personages among the Muslims is also likewise consequential and does not amount to interference with profession or practise or religion۔The use by the Ahmadies 191