a.) The ideology on which an Islamic State is desired to be founded in Pakistan must have certain consequences for the Musalmans who are living in countries under non-m**m sovereigns. We asked Amir-i-Shari'at Sayyad Ataullah Shah Bukhari whether a m**m could be a faithful subject of a non-m**m State, and reproduce his answer: --
"Q.-- In your opinion is a Musalman bound to obey orders of a kafir Government?
A.-- It is not possible that a Musalman should be a faithful citizen of a non-m**m Government.
Q.-- Will it be possible for the four crore of Indian m**ms to befaithful citizens of their State?
A.-- No."
The answer is quite consistent with the ideology which has been pressed before us, but then if Pakistan is entitled to base its Constitution on religion, the same right must be conceded to othor countries where Musalmans are in substantial minorities, or if they constitute a. preponderating majority in a country where sovereignty rests with a. non-m**m community. We therefore asked the various ulama whether, if non-m**ms in Pakistan were to be subjected to this discrimination in matters of citizenship, the ulama would have any objection to m**ms in other countries being subjected to a similar discrimination.
Their reactions to this suggestion are reproduced below: --
Maulana Abul Hasanat Sayyed Muhammad Ahmad Qadri, President, Jami'at-ul-Ulama-i-Pakistan: --
"Q.-- You will admit for the Hindus, who are in a majority in India, the right to have a Hindu religious State?
A.-- Yes.
Q.-- Will you have any objection if the m**ms are treated under that form of Government as malishes or shudras under the law of Manu?
A.-- No."
Maulana Abul Ala Maudoodi: --
"Q.-- If we have this form of Islamic Government in Pakistan, will you permit Hindus to base their Constitution on the basis of their own religion?
A.-- Certainly. I should have no objection even if the m**ms of India are treated in that form of Government as shudras and malishes and Manu's laws are applied to them, depriving them of all share in the Government and the rights of a citizen. In fact such a state of affairs already exists in India."
Amir-i-Shari'at Sayyad Ata Ullah Shah Bukhari: --
"Q.-- How many crores of m**ms are there in India?
A.-- Four crores.
Q.-- Have you any objection to the law of Manu being applied to them, according to which they will have no civil rights and will be treated as malishes and shudras?
A.-- I am in Pakistan and I cannot advise them."
Mian Tufail Muhammad of Jama'at-i-Islami: --
"Q.-- What is the population of m**ms in the world?
A.-- Fifty crores.
Q.-- If the total population of m**ms of the world is 50 crores, as you say, and the number of m**ms living in Pakistan, Saudi Arabia, Yemen, Indonesia, Egypt, Persia, Syria, Lebanon, Trans-Jordan, Turkey and Iraq does not exceed 20 crores, will not the result of your ideology be to convert 30 crores of m**ms in the world into hewers of wood and drawers of water?
A.-- My ideology should not affect their position.
Q.-- Even if they are subjected to discrimination on religious grounds and denied ordinary rights of citizenship?
A.-- Yes."
This witness goes to the extent of a**erting that even if a non-m**m Government were to offer posts to m**ms in the public services of the country, it will be their duty to refuse such posts.
Ghazi Siraj-ud-Din Munir: --
"Q.-- Do you want an Islamic State in Pakistan?
A.-- Surely.
Q.-- What will be your reaction if the neighbouring country was to found their political system on their own religion?
A.-- They can do it if they like.
Q.-- Do you admit for them the right to declare that the m**ms in India are shudras and malishes with no civil rights whatsoever?
A.-- We will do our best to see that before they do it their political sovereignty is gone. We are too strong for India. We will be strong enough to prevent India from doing this.
Q.-- Is it a part of the religious obligations of m**ms to preach their religion?
A.-- Yes.
Q.-- Is it a part of the duty of m**ms in India publicly to preach their religion?
A.-- They should have that right.
Q.-- What if the Indian State is founded on a religious basis and that right to preach religion is disallowed to its m**m nationals?
A.-- If India makes any such law, believer in the Expansionist movement as I am, I will march on India and conquer her."
So this is the reply to the reciprocity of discrimination on religious grounds.
Master Taj-ud-Din Ansari: --
"Q.-- Would you like to have the same ideology for the four crores of m**ms in India as you are impressing upon the m**ms of Pakistan?
A.-- That ideology will not let them remain in India for one minute.
Q.-- Does the ideology of a m**m change from place to place and from time to time?
A.-- No.
Q.-- Then why should not the m**ms of India have the same ideology as you have?
A.-- They should answer that question."
b.) The ideology advocated before us, if adopted by Indian m**ms, will completely disqualify them for public offices in the State, not only in India but in other countries also which are under a non-m**m Government. m**ms will become perpetual suspects everywhere, and will not be enrolled in the army because, according to this ideology, in case of war between a m**m country and a non-m**m country, m**m soldiers of the non-m**m country must either side with the m**m country or surrender their posts. The following is the view expressed by two divines whom we questioned on this point: --
Maulana Abul Hasanat Sayyed Muhammad Ahmad Qadri, President, Jami' at-ul-Ulama-i-Pakistan: --
"Q.--What will be the duty of m**ms in India, in case of war between India and Pakistan?
A.-- Their duty is obvious, namely, to side with us and not to fight against us on behalf of India."
Maulana Abul Ala Maudoodi: --
"Q.-- What will be the duty of the m**ms in India in case of war between India and Pakistan?
A.-- Their duty is obvious, and that is not to fight against Pakistan or to do anything injurious to the safety of Pakistan."