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Ordinance XX

From Wikipedia, the free encyclopedia
Law passed in Pakistan which prevents Ahmadi Muslims from being identified as Muslims
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Anti-Islamic Activities of the Quadiani Group, Lahori Group and Ahmadis (Prohibition and Punishment) Ordinance, 1984
President of Pakistan
  • An Ordinance to prohibit the Quadiani group, Lahori group and Ahmadis from indulging in anti-Islamic activities.
CitationOrdinance XX of 1984
Enacted byPresident of Pakistan (Muhammad Zia-ul-Haq)
Effective26 April 1984
Amends
Pakistan Penal Code
Code of Criminal Procedure, 1898
West Pakistan Press and Publications Ordinance, 1963
Summary
Prohibits the worshipping and proselytizing of Ahmadiyya.
Status: Current legislation

Ordinance XX (Urdu:295-C آرڈیننس 20) is a legal ordinance of theGovernment ofPakistan that was promulgated under the regime of GeneralMuhammad Zia-ul-Haq on 26 April 1984 and is meant to prohibit the practice ofIslam and the usage of Islamic terms and titles for theAhmadiyya Community.[citation needed] The ordinance bars Ahmadis, who are deemedNon-Muslims under thePakistani constitution, from publicly practising the Islamic faith and also disallows them from using any Islamic texts for praying purposes.[citation needed] It is in addition to – but separate from – the 1974Second Amendment to the Constitution of Pakistan. While the Second Amendment declared that Ahmadis are non-Muslims, the Ordinance prohibits Ahmadis from identifying themselves as Muslims.[citation needed]

The ordinance also debars Ahmadis from the use of any honorific titles and modes of address deemed specific to the Islamic community such as the greeting "As-salamu alaykum" (peace be upon you), reciting theSix Kalimas or theshahada (declaring belief in theoneness of God and the prophethood ofMuhammad) etc., from building mosques and calling theAdhan (call to prayer), from undertaking Muslim modes of worship, from worshipping in non-Ahmadi mosques or public prayer rooms, and from making any citations from theQuran and Muhammad'shadith.[citation needed] Punishment for anyone convicted of doing any of the above is imprisonment of up to three years and a fine. Ahmadis, who self-identify as Muslims and observe Islamic practices, claim that the Ordinance criminalises their everyday life.[1] Expressing theKalima (Muslim creed) and greeting with peace in the Muslim way is a criminal offence forAhmadis in Pakistan.[2]

Unable to perform his duties as the leader of the Community without violating the Ordinance,Mirza Tahir Ahmad, the fourth Ahmadiyya caliph was compelled to leave Pakistan and migrate following its promulgation. He left with his immediate family and 17 other Ahmadis for London on 29 April 1984, eventually moving the headquarters of the Community to London during his years ofexile.[3][4][5]

Precedent

[edit]

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.

1984 ordinance

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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 Qadiani 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 Qadiani 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 Qadiani group, etc., calling himself a Muslim or preaching or propagating his faith:

Any person of the Qadiani 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.

This law does not allowAhmadi Muslims to call themselvesMuslim or to "pose as Muslims", which are crimes punishable by three years in prison. This Ordinance and the1974 amendment in the constitution effectively gave the state of Pakistan, the exclusive right to determine the meaning of the term "Muslim".[6]

Analysis

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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. Six were sentenced to 25 years imprisonment and four were sentenced to death.[citation needed] No executions have occurred to date and prosecutions have subsided in recent years.[citation needed] The United NationsSub-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."[7]

One example is an Ahmadi (Rana Karamatullah) inMansehra who was charged under Section 298C for "offering prayers" and "citing from the Holy Koran". Karamatullah had already been subjected to repeated arrests since 1984.[8][9][10]

References

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  1. ^Government of Pakistan - Law for Ahmadis. ThePersecution.org (Reproduction from theGazette of Pakistan, 26 April 1984)
  2. ^Trespasses of the State, Ministering to Theological Dilemmas through the Copyright/Trademark, Naveeda Khan,Sarai Reader, 2005; Bare Acts. Page 178
  3. ^Moon, Farzana (12 January 2015).No Islam but Islam. Cambridge Scholars. p. 163.ISBN 9781443874045. Retrieved20 September 2015.
  4. ^Valentine, Simon (2008).Islam and the Ahmadiyya jamaʻat: history, belief, practice. Columbia University Press. p. 71.ISBN 978-0-231-70094-8.
  5. ^Khilafat, the Successorship of Prophethood – The Guided Khilafat – Khilafat-e-Ahmadiyya
  6. ^Trespasses of the State, Ministering to Theological Dilemmas through the Copyright/Trademark, Naveeda Khan, Sarai Reader, 2005; Bare Acts. Page 184
  7. ^www.unhchr.ch/Huridocda/Huridocda at UNHCHR
  8. ^"Believe it or not! Absurd applications of Ordinance XX and Religious Laws"(PDF).persecutionofahmadis.org. Retrieved13 December 2014.
  9. ^Ribeiro, d’Almeida."IMPLEMENTATION OF THE DECLARATION ON THE ELIMINATION OF ALL FORMS OF INTOLERANCE AND OF DISCRIMINATION BASED ON RELIGION OR BELIEF".Commission On Human Rights. UNHCR. Retrieved31 August 2015.
  10. ^UN Commission on Human Rights,Implementation of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief., 26 April 1999, E/CN.4/RES/1999/39, accessed 8 May 2020

See also

[edit]
Ahmadiyya topics
Beliefs and practices
Distinct views
Mirza Ghulam Ahmad
Literature
Ahmadiyya Muslim Community
Miscellaneous
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