What is Halal (legal) and What is Haram (illegal)

                        It is indeed an occasion of happiness that the religious scholars waked up from the years long slumber to teach the people of Pakistan in general and to those who are preparing terrorists in particular, the concept of "˜halal' and "˜haram'. Basically, the job of a religious scholar is only to teach "˜haram' and "˜halal' and the whole concept of the reformation of man revolves round this concept but the timing of the "˜fatwa' (religious verdict) is very late because the fire of injustices has engulfed the whole society and the political rivals instead of helping in extinguishing the fire are opening new ways and targets for flaming this fire. Neither I dispute the religious verdict nor I want to comment on it but wish to invite the attention of those religious scholars to other matters which also need their religious verdicts. These issues are more important and if were resolved the concept of suicide attacks would become meaningless.

                        Everyone is well aware of the legal position of the suicide attacks but the wrong doer is after all a wrong doer. He knows no law either religious or mundane.

Everyone knows that bribe is illegal both in religion and in Pakistan Penal Code, 1860 but show me the office in Pakistan where this curse is not prevalent. From top to bottom the majority of the officials of the State in every department are busy in taking and giving of bribe. That is why the delay in any official work implies that the incumbent is not willing to perform his job without bribe.

My Personal Experience:

My conversation with a Patwari (The lowest official of the Land Revenue Department) named Mohammad Siar, Halqa Marghuz Aka Khel, District Swabi dated 15-10-2008 is relevant in this discussion of "˜Halal' and "˜Haram'. Actually, I submitted many applications to the District Revenue Officer District Swabi for the correction of wrong inheritance Mutations and sent copies to The Senior Member Board Revenue NWFP, Peshawar and Minister for Revenue, Government of NWFP, Peshawar but despite passing five months I was not informed about any progress in the case despite my personal meeting with the DRO, Swabi. On 15-10-2008, I met the above mentioned Patwari and asked him to show the progress in the matter. He said that he had sent the report to the DRO. Then I asked him to show me the copy of the report but he did not show. Then I asked him to show me the copy of the Fard Badr (corrected mutation) which he had prepared prior to sending the report to the DRO, he did not show but said the documents were in his home ! When I asked him whether the Tehsildar had attested the corrected mutation, he said the Tehsildar had not visited the village. When I asked from him whether Tehsildar had not visited the village for the last five months, he adopted silence. Then when I told him that under the Land Records Manual Tehsildar is duty bound to visit the village every month and check the backlog of mutations or other outstanding issues, he said in law there were many things but no one follow the laws in the books. Then I said to him that you were strange people, citing each and every law to us when the said bind us for obedience but when we cite a law to you then safely liberate yourselves of every liability or obligation ! Bravo! Pakistani officials.

His sayings reflected his conduct that only the correction of an inheritance mutation has been delayed to five months despite the written directions from his superiors. It seems to me that the written directions are used as a tactic to deceive the aggrieved persons. When they are so bold to violate the laws of the Country then what is the value of the directions of the superiors in presence of the laws. They have made mockery of the established laws when an aggrieved person is compelled to attend the offices for this trivial matter of correction. Actually, many holdings (Khatas) of land have been omitted from the original inheritance mutation which is now the duty of these officials to enter correct holdings and to properly check them before attestation.

The conduct, character and efficiency of the officials show that complete lawlessness in the Country prevail in every department which cannot be rectified by the "˜Fatwas' of the Moulvis or mere discussion in the Parliament when not backed by the sincere coercive action of the State. People have fed up of these illegal acts of the people of authorities and when they come out for their rights, they are labelled either as communists, Raw, Mossad, CIA agents or as anti-social elements. As student of Law and Political Science, I cannot imagine the violation of law in the presence of Parliament and millions of law enforcing personnel if they are sincere in the implementation of their own enacted laws in their departments on their officials. The Government should first purge its departments from culprits and should properly implement its Efficiency and Discipline Rules, 1973 and should establish its writ in those departments which are spoiling billions of rupees in the budgets every year then should search the "˜terrorists' in the hard mountainous areas of the Country. The anarchy in the Government Departments has shrivelled and depleted the National economy and concept of Good Governance. I have also a complaint from the lawyers' community that they are struggling for the restoration of one person in the judiciary but have adopted complete silence on the plight of millions of people who are victimised daily in the Government Department. They have adopted silence only for this reason that these perpetrators of injustices in the Government Departments are a main source of their income. The Land Records Manual has rendered even the Land Records Director of a Province to check the attendance of and work of the revenue officials in a Union Council but there is no such concept in the Union Council of any village of a District in the NWFP.

                        Whether these religious scholars are blindfolded that the officer of a department who has no other source of income except his salary but constructs bungalows in places of his choice and expend enormous wealth on them. Why the Government and everyone are silent on these practices of the people of authorities? Whether it is lawful to extort money from a helpless person for a genuine work in a Government department.

                        Hoarding of grain is illegal for the sake of price-hike. Nevertheless, how many people are involved in this business? Almost all the traders of grain have conveyed the situation of shortage to the present conditions. Why the religious scholars are silent on it?

                        The religious leaders of my Country have not played that role which the people expected of them to perform. These religious leaders motivated the people for fighting and named that as "˜Jihad'. The ordinary common person does not know who is right or who is wrong. When a person having long beard, wearing a big turban on the head, counting beads in the hands, issues a precept that saying or verdict is regarded most sacred and no one dares to dispute that on any ground. This is the reason that our enemy always attacked us in the guise of such impostors. Once Maulana Fazlullah Ex-MNA from District Swabi said, "It is very easy to adopt the profession of a Moulvi in Pakistan but it is very difficult to adopt it in America because in Pakistan when a moulvi sits on the pulpit and say anything; no one ask him about the source of his saying, whether God said, the Prophet said etc. but in America a person needs satisfaction before acceptance of a concept and he can be convinced through the examples from this worldly objects."

                        All the religious leaders are fragmented on the religious issues and each one is claiming to be on the right side. I do not want to go into the details of the issues but want to know that why the condition of society reached to such an extent in the presence of these stalwarts of religion. Either they are State-controlled and issue verdicts on demand or they have their own axe to grind in the issue. The fragmentation of society can be safely attributed to the fragmentation of these religious leaders and scholars. Those areas, where the insurgency is on the top, are areas where the people are extremely under the influence of the religious personalities. They are yes-men to every religious person due to their low education for which once again the Governments of the previous times can be blamed. Both the quality and quantity of Education in the disturbed areas is very poor. That is why the people tend towards the religious schools.

                        I request to all those religious leaders and scholars who have adopted it a hobby to deliver lectures in luxuriant hotels to take pragmatic steps for the reform of the religious beliefs of the people. Much water has flown this bridge. "˜Fatwas' are of no effect in the present circumstances. Please show the way of austerity to the rulers and act upon what is publicly stated.

                        The MMA Government in the NWFP has not performed its religious duty but surpassed in leading luxuriant life than their predecessors and purchased everything which was considered helpful in making their lives more comfortable. The common person learns "˜haram' and "˜halal' from the religious leaders but when he witnesses that everything is legal and justified in this life and there is no concept of accountability in this Country or World then he becomes such a citizen of this society who disrupt the whole fabric of society.

Manzoor Ahmad Yousafzai

B.Sc; L.L.B. M.A. Political Science

Marghuz Balar Khel, District Swabi, NWFP, Pakistan.

Dated: Thursday, 16 October 2008.