By Yasser Latif Hamdani
This news story caught my attention
The Communist Party of Pakistan (CPP) on Monday challenged the immunity to president under Article 248 of the constitution, asking for the article to be struck down, as it “violates all teachings and injunctions of Islam”. The petition – filed by CPP Chairman Jamil Malik – also asks the court to hear the party’s view along with the ongoing NRO cases being heard by a 17-member larger bench, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry. The petitioner cited China as an example, saying the constitution of that country gave courts the right to summon any leader, including the president, to punish him/her if a crime was proven He asked the court to strike down and interpret Article 248 in its true perspective. staff report
I don’t even want to comment on Communist Party of Pakistan and its appeal to Islam. Ofcourse one must investigate this claim that Islam does not allow “immunity”. The claim is that because during his time as Caliph, Hazrat Ali (AS) appeared before a Qazi (in a civil dispute) and lost his case to a Jew, Islam does not allow immunity.
However, overwhelmingly since Ameer Muawiyah took over in the 7th century to the end of the Caliphate in 1924, the Caliph has always enjoyed immunity. As shadow of god on earth, the Caliph was at several times in history the main legislator and final court of appeal. He could never be called into a court of law. He was above it. The institution of Caliphate has always been immune from legal action.
Ofcourse rational discourse is not expected in an evironment poisoned with myths and clever fiction about Islamic History.