Our nation today stands at a cross road, where the turmoil and agitation in the society demand reassessment of both our thought and action. Despite being geared up to face equitable co-existence, with no dearth of talent or vision within our ranks we find ourselves quashed by varying dichotomies on a daily basis.
Issues ranging from general governmental and management related items to resource utilization and economic concerns keep surfacing to intimidate each member of the society. While we face these trials on a individual level, it is imperative that we ignite a constructive discussion and debate on some platform to bring together the capable minds from amongst us and uncover means and measures to mitigate the impending predicament.
It is with this goal in mind that ‘THINK!’ has been created to initiate a dialogue under the theme of “OUR future: OUR ideology”.
A judicial benchmark of Divine Dictum Islam (a complete code of life, a guide to matters not only pertinent to the relation between man and the Creator, but all affairs on both individual and collective levels),has been used for a thesis such that the permissible limits therein (Ijtehad) can be addressed to neutralize radicalism with functionality.
Islam entails clear guidelines on social, political, moral, material, ethical, national and international themes in spiritual, intellectual as well as management paradigms. Islam vividly defines duties and rights in all interpersonal dealings. No areas have been left unaddressed; from human rights to inheritance, from charity to punishment, from foreign relations to internal affairs, Islam outlines not only the complete system of life for an individual but also the foundation of the judicial system, the bedrock of War/Peace Laws and the core of governmental policies.
Today, the gurus of human rights and international affairs are hell bent on classifying Islam as a religion of radicals. Preaching and practice have become eons apart. The depth of the message has been lost to the tones of dust that has settled upon our mind in the last fourteen centuries. The religion of Peace, Harmony and Judicial Co-existence has now been labeled as a regime of terrorist in the hands of a select few who have failed to absorb the completeness of the Shariat.
In our series of debates, discussions and dialogues we will endeavor to bring to light the magnanimity and more pertinently applicability of Our ideology. We will venture topic after topic in search of the true road-map. We will bring together the most capable minds in our midst to ponder over solutions to all our predicaments through the application of the rules of the Almighty.
In light of the structure and the objective of the drive, it was pertinent that the debate be adjudicated by personnel of intellect and repute, who possess an exposure to not only the legislation and application but also the plight of the populace. In an endeavor to emancipate our people and bring about a change in the current situation, we requested Members of the Judiciary to support our cause by consenting to become a part of the Jury, who will adjudicate the debate, based on realism and logic.
We are grateful to our Panel of Jurists for their support and time.
The Panel of Jurists is expandable
For the purpose of maximum benefit from the basic structure of our forum, it is extremely important that the Thesis authored by Mirza Shahnawaz Agha, spread over a number of seminars, be subject to scrutiny of experts who will be dealing with their respective topics.
The above exercise is to acknowledge dissent, in the Spirit of Shoora (as incumbent upon all Muslims).
The Thesis and the dissensions are subject to validation based upon logic, reality and common sense, as in the founding philosophy for making laws of any nature.
After deep thought, it is therefore decided that a Jury comprising of Judges be best requested to hear the Thesis and the dissension, and then adjudicate the applicable levels of acceptability based on the merits of realism and a practical solution thereto. This will then manifest as a form of Ijtehad.
The respected members of the jury (which is expandable) will adhere to the following Terms of Reference:
The purpose of the entire aforementioned exercise is to seek the change in the management of Pakistan from the rudimentary colonial methods to modern and futuristic Islamic doctrines.
Above all, the Jury will bear in mind that the purpose of this exercise is to bring awareness to the millions of citizens of Pakistan so that they are conscious of their rights and existence.
It is the most humble prayer of this platform that the decision of the Jury will be bold, fearing only Allah Almighty.
They will follow the spirit of:
Fiat justitia, ruat coelum
(let justice be done, though the heavens should fall).
Justice Syed Ali Aslam Jafri started his formal career in 1965. He became an Advocate of Sindh High Court in 1972 and practiced as an advocate of the Supreme Court of Pakistan from 1986 onwards. He was elevated as a Judge of Sind High Court in October 2000. He retired in October 2005. He was appointed the Federal Insurance Ombudsman in April 2006. He has been an active member of the civil society and holds prominent positions in various forums, associations and organizations. Justice Jafri has participated in various seminars and conferences and has also been affiliated with the field of legal education and has had held many eminent positions during the pursuit.
Justice Khalid Ali Qazi, started his career as an Advocate Sindh High Court in May 1982. He then enrolled himself as an Advocate of the Supreme Court of Pakistan in January 1996. He was on the panel of approved Advocates of various Financial Institutions, Universities and Statutory bodies. Mr. Justice Qazi was also twice a member of Sindh Provincial Assembly and had also served as a Provincial Minister for Education, Government of Sindh. Mr. Justice Qazi has the honour of receiving an honourary Doctorate from the University of Preston USA in 1999. He is the author of four books titled ‘Rendezvous with law: A judge’s Reflection’, ‘A treatise on Law of Evidence’, ‘Fundamentals of Social Legislation’ and ‘Sindh Excise Manual’.
Justice (Retd.) Syed Mehmood Alam Rizvi, enrolled as an advocate in 1987, and became standing counsel Pakistan in November 2002. He was appointed Special Prosecutor for Anti-Narcotics Force in 2003 and was subsequently elevated as a Judge of Sindh High Court in October 2007. He ceased to hold office after July 2009. In one of his landmark judgments, he barred the bank recovery officers from harassing defaulters, as a result of which State Bank of Pakistan made a proper policy to deal with such matters. During his professional career he has participated in innumerous conference, workshops and seminars. It is as a result of his recommendation that the Special Terrorist Act, 1975 and Special Courts were abolished and separate Courts were constituted under the Act, 1997.
Mr. Justice (Retd) Munib Ahmed Khan started his Legal Profession and enrolled as an Advocate in October 1978, enrolled as an Advocate of the High Court in 1980 and of Supreme Court in 1992, appointed as Additional Advocate General Sindh in March 1997 and resigned from such position in November 1998. Started teaching as Professor in S. M. Government Law College in 1995 and till elevation remained engaged in such position. Towards professional experience, conducted cases of all nature, remained as Railway Standing Counsel, engaged with House Building Finance Corporation in High Court and Supreme Court, engaged as a WAPDA Counsel in superior Courts as well as Counsel of Pakistan Steel.
Barrister Farrukh Zia Shaikh, enrolled as an Advocate, Sindh Bar Council, 1989. Called to the Bar by the Honourable Society of the Lincoln’s Inn (London) on 1991. Lecturer in Laws, Sindh Muslim Law College, University of Karachi (Pakistan). Lecturer in Laws, Sindh Judicial Academy. Member, General Council of the Bar, England and Wales. Member, International Bar Association, London, United Kingdom. Ex-Special Prosecutor, Anti Narcotics Force, Government of Pakistan. Author of Chapter on Pakistan in Enforcement of Foriegn Judgements and Hague Convention No: 28 (Child Abduction). Ex-Judge of the Honourable High Court of Sindh, Karachi.
Advocate Muhammad Jawaid Alam enrolled Advocate subordinate courts Sindh and Balochistan in 1975 and High Court in 1988. Appointed Addl. District & Sessions Judge Sindh 1991 and promoted as District & Sessions Judge in 1998 and posted in many pertinent judiciary posts. He was selected one of eight Special Judge Anti-Terrorism for Sindh in 1999 discharged duties till 2000. He was appointed Judge of Accountability Court at Karachi in 2000 for 3 years and also held position of Administrative Judge Accountability Courts of Sindh As he acquired Islamic and moderate judicial education side by side, he is one of the versatile intellectual in his own turf.