AH has been kind enough to share a document MunirReport_1953 of great historical value with us. The REPORT OF THE COURT OF INQUIRY CONSTITUTED UNDER PUNJAB ACT II OF 1954 TO ENQUIRE INTO THE PUNJAB DISTURBANCES OF 1953 authored by Justice Munir is a classic study in the core dilemmas of Pakistani state and society. Notwithstanding the controversial role of J. Munir, his secular moorings are all too clear and so is his firm stance against Mullahism, bigotry and courage not to be cowed down by those who use faith to advance their personal and political agendas. We are uploading the full report.
FOUNDATIONS OF ISLAMIC STATE
What is then the Islamic State of which everybody talks but nobody thinks ?
Before we seek to discover an answer to this question, we must have a clear conception
of the scope and function of the State.
The ulama were divided in their opinions when they were asked to cite some
precedent of an Islamic State in Muslim history. Thus, though Hafiz Kifayat Husain, the
Shia divine, held out as his ideal the form of Government during the Holy Prophet’s time, Maulana Daud Ghaznavi also included in his precedent the days of the Islamic Republic, of Umar bin Abdul Aziz, Salah-ud-Din Ayyubi of Damascus, Sultan Mahmud of Ghazni, Muhammad Tughlaq and Aurangzeb and the present regime in Saudi Arabia. Most of them, however, relied on the form of Government during the Islamic Republic from 632 to 661 A. D., a period of less than thirty years, though some of them also added the very short period of Umar bin Abdul Aziz. Maulana Abdul Haamid Badayuni stated that the details of the ideal State would be worked out by the ulama while Master Taj-ud-Din Ansari’s confused notion of an Islamic State may be gathered from the following portion of his interrogation :—
“Q.—Were you also in the Khilafat movement ?
Q.—When did the Khilafat movement stop in India ?
A.—In 1923. This was after the Turks had declared their country to be a secular
Q.—If you are told that the Khilafat movement continued long after the Turks had
abolished Khilafat, will that be correct?
A.—As far as I remember, the Khilafat movement finished with the abolition of
the Khilafat by the Turks.
Q.—You are reported to have been a member of the Khilafat movement and
having made speeches. Is it correct ?
A.—It could not be correct.
Q.—Was the Congress interested in Khilafat ?
Q.—Was Khilafat with you a matter of religious conviction or just a political
A.— It was purely a religious movement.
Q.— Did the Khilafat movement have the support of Mr. Gandhi ?
Q.— What was the object of the Khilafat movement ?
A.— The Britisher was injuring the Khilafat institution in Turkey and the
Musalman was aggrieved by this attitude of the Britisher.
Q.— Was not the object of the movement to resuscitate the Khilafat among the
Q.— Is Khilafat with you a necessary part of Muslim form of Government ?
Q.— Are you, therefore, in favour of having a Khilafat in Pakistan ?
Q.— Can there be more than one Khalifa of the Muslims ?
Q.— Will the Khalifa of Pakistan be the Khalifa of all the Muslims of the world ?
A.— He should be but cannot be.”
Throughout the three thousand years over which political thought extends, and
such thought in its early stages cannot be separated from religion, two questions have
invariably presented themselves for consideration : —
(1) what are the precise functions of the State ? and
(2) who shall control the State ?