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Author: Hadhrat Mirza Tahir Ahmadra, 4th Caliph of Ahmadiyya Muslim Community
Description: Murder in the name of Allah is a general review, with special emphasis on the subject of freedom of expression in Islam. This book is a reminder that purpose of any religion is the spread of peace, tolerance, and understanding. It urges that meaning of Islam - submission to the will of God - has been steadily corrupted by minority elements in the community. Instead of spreading peace, the religion has been abused by fanatics and made an excuse for violence and the spread of terror, both inside and outside the faith.
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Home Critical Analysis/Archives ERROR AT THE APEX
ERROR AT THE APEX
Notes and References
Chapter - 1
1.
Freidman, Yohannan (1989) “The Prophecy Continues” Berkeley: University of California Press
2.
Hughes - The Supreme Court of The United States, P. 68. Quoted from Martin Mayer, The Lawyers
3.
Zaheer-ud-Din Vs The State(1993 SCMR 1714; at 1749, where Justice Shafi-ur-Rahman Observed, “our difficulty in handling these appeals has been that respondents have by and large argued the matter as if the viries of the impugned portions of the ordinance are being tested for their inconsistency more with injunc-tions of Islam than for their inconsistency with the fun-damental rights. This has brought in religious scholars volunteering to assist the court generating lot of avoid-able heat and controversy at the argument and post argument stage.”
Chapter - 2
1.
Muhammad Zafarullah Khan Ahmadiyyat the Renaissance of Islam: Foreword by Mirza Mubarik Ahmad. - Tabsheer Publication.
2.
Agha Abdul Karim Shorish Kashmiri and others Vs Province of West Pakistan. PLD 1969 Lahore 289; at 307
3.
Abdur Rahman Mubashir Vs Syed Amir Ali PLD 1978 Lahore 113; at 124
4.
ibid: at 188
5.
Patern, Gustaf, (1987) Pakistan: Human Rights after Martial Law. Geneva: International Commission of Jurists P.103
Chapter-3
1.
PLD 1978 Lah 113; at l26
2.
ibid; at 123
3.
ibid; at 189
4.
ibid; at 189-90
5.
ibid: at 141
6.
ibid; at 185
7.
ibid; at 188
8.
ibid; at 169
Chapter 3.1
1.
Robert G Ingersoll - Blasphemy Trial.
2.
James ‘Madison (A Memorial and Remonstrance sub-mitted to the Virginia General Assembly quoted from The First Liberty by William Lee Miller, Alfred A. Knopf New York, 1986) Page 101-102
3.
Fletcher versus Peck 10 US at 143
Chapter - 4
1.
PLD 1984 FSC 86
2.
Patern, Gustaf,(1987) Pakistan: Human Rights after Martial Law. Geneva: International Commission of Jurists . P.62
3.
PLD 1985 FSC; 8 at page 87
4.
ibid at page 88
5.
ibid at page 89
6.
ibid at page 93
7.
ibid at page 93
8.
ibid at page 98
9.
ibid at page 98
10.
ibid at page 100
11.
ibid at page 110-111
12.
ibid at page 111
13.
ibid at pagelll-112
14.
ibid at page 116
15.
ibid at page 116
16-
ibid at pagell6-117
17.
ibid at page 117
18.
ibid at page 119
19.
1988 SCMR 897 at 900
(Note: The peculiar circumstances here mentioned were that the two Ulema judges sitting on the appeal bench had expressed their opinion about the ordinance XX before being elevated to the court. They had publicly claimed in the national press and Pakistan Television that they had worked for the ordinance and had cited this as an achievement. In this view the appellants felt that the two judges had a closed mind on the issue and they should not sit on the bench. The two judges however said that they will not feel embarrassed and were open to change their view and opted not to retire from the bench. Another application of the appellants to be provided a copy of the tape recorded proceedings for preparation of the appeal and to meet the observations made in the judgment was also rejected another application for expunction of a part of the judgment of the Federal Shariat court was also refused)
Chapter - 4.1
1.
Muhammad Aslam vs. Federation of Pakistan
2.
Mujeeb ur Rahman Dard Vs Federation of Pakistan
3.
ibid
4.
Conscience and Coercion BY Antonio R. Gualtieri. Guernica Montreal 1989 Pages, 29;30
5.
Zaheer-ud-Din Vs The State PLD1988 Quetta 22 at P.34
6.
Zaheer-ud-Din Vs The State PLD1988 Quetta 22 at P.34
7.
Nasir Ahmad Vs The State 1993 SCMR 153;
8.
ibid
Chapter-5
1.
Zaheer ud Deen Vs The State 1993 SCMR 1718 at 1736-37
2.
ibid at 1737-1738
3.
ibid at 1738
4.
ibid at 1741-1742
5.
ibid at 1742-43
6.
ibid at 1743
7.
Jibendra Kishore Achharyya PLD 1957 SC 9 at 41
8.
Zaheer ud Deen Vs The State 1993 SCMR 1718 at 1747
9.
ibid at 1748
10.
10.ibid at 1748
11.
ibid at 1778
Chapter - 6
1.
Jibendra Kishore Achharyya PLD 1957 SC 9 at 41
2.
UN Document No. E/CN .4/Sub. 2/200/Rev .1 New York 1960. Study of discrimination in the matter of reli-gious rights and practices, by Special Rapporteur of the Sub Commission on Prevention of Discrimination and Protection of Minorities. P 18
3.
ibid page 18
4.
ibid page 18
5.
ibid page 23
6.
Jibendra Kishore Achharyya PLD 1957 SC 9 at 41
7.
Fletcher Vs Peck 344 US 252 at 284
8.
Jibendra Kishore Achharyya PLD 1957 SC 9 at
9.
Abdul Ghani Vs Islamic Republic of Pakistan PLD 1958 LAH 584
lO.
Syed Sarfraz Hussain Bokhari Vs Dit Magistrate Kasoor. PLD 1983 SC 172.
11.
310 US 296 at Page 303-304
12.
274 US 357,378-379
13.
Zaheer ud Deen Vs The State 1993 SCMR 1718 at 1774.
14.
PLD 1987 SC 304 at 356
15.
Masoo Vs UBL 1990 MLD 2304
16.
Sakina bibi Vs PLD 1990 LAH 99
17.
Habib Bank Ltd.Vs Waheed Textile PLD 1989 KAR 371
18.
Hakim Khan PLD 1992 SC 595
19.
ibid
20.
Zaheer ud Deen Vs The State 1993 SCMR 1718 at 1749
21.
Mian Muhammad Nawaz Shareef PLD 1993 SC 473
22.
Kaneez Fatima PLD 1993 SC 901
23.
ibid
24.
ibid
25.
Conscience and Coercion BY Antonio R. Gualtieri, Guernica Montreal 1989 P.33
26.
Zaheer ud Deen Vs The State 1993 SCMR 1718 at 1771
27.
ibid at 1775
28.
ibid at 1776
Chapter-7
1.
Zaheer-ud-Din &amp; others Vs The State (993SCMR 1718; at 1764)
2.
ibid at 1750.
3.
ibid at 1758.
4.
Reynolds Vs United States. 98 US 145(1878)
5.
Ibid
6.
Ibid
7.
Ibid
8.
Ibid
9.
Ibid
10.
Ibid
ll.
Cantwell Vs Connecticut. (310 US296-311)
12.
Zaheer ud Deen Vs The State 1993 SCMR 1718 at 1758
13.
Cantwell Vs Connecticut. (310 US296-311)
14.
Ibid
15.
Ibid
16.
1bid
17.
Ibid
18.
Ibid
19.
Jones Vs City of Opelicka (316 US 584 = 86 L.ed 1695)
20.
Ibid 316 US 593=86 L.ed 1699
21.
Ibid 316 US 593=86 L.ed 1699
22.
Ibid 316 US 596=86 L.ed 1701
23.
Ibid 316 US …=86 L.ed 1702
24.
Ibid L.ed 1709
25.
Ibid 86 L.ed 1715
26.
Ibid 86 L.ed 1715
27.
Human Rights Watch, American Civil Liberties Union. Human Rights Violation in The United States, published 1993. P. 173.
28.
Ibid 174
29.
Willis Cox Vs State of New Hampshire 312 US 569 at page 73=85 L.ed. 1049 at 1052
30.
312 US 569 at 574=85 L.ed. 149 at 1052
31.
312 US 569 at 574=85 L.ed. 149 at 1053
32.
312 US 569 at 578=85 L.ed. 149 at 1055
Chapter-8
1.
Zaheer ud Din and others Vs the state. 1993 SCMR 1714; at 1752
2.
Ibid 1753 (emphasis Added)
3.
Brief Prepared by: Minnesota Advocates For Human Rights Advocates
4.
ibid
5.
Note : In view of the American case law cited in Zaheer ud Din the Minnesota Human rights Advocates prepared an amicus brief to be submitted in the Supreme Court of Pakistan contending that the American case Law had been misapplied. That amicus brief however could not be submitted in Supreme Court of Pakistan. A copy of the brief was provided to the present author. The effort of The Minnesota Advocates For Human Rights Advocates is acknowledged with deep sense of appreciation. The lawyers who contributed to the brief were
Chapter-9
1.
Al Qur’an Chapter 5 verse 9
2.
Thomas Jafferson
3.
Sir Edward Nelson Vs Judge of the High Court of West Pakistan Lahore (PLD 1961 S.C 237)
4.
PLD 1957 SC201
5.
Karen Parker J.D. Religious persecution in Pakistan: The Ahmadi case in the Supreme Court. Humanitarian Law Project. InterNational Educational Development. Inc. Los Angeles, California. Dec. 1993
6.
A.G Chaudhry, Barrister at Law, An Analytical Comment on Zaheer-ud-Din Vs The State; Page 32
7.
ibid ; page 35
8.
113 US 2217
9.
Al Qur’an Chapter 5 verse 9
10.
1993 SCMR 1714 at - 1768
11.
ibid Page 1768
12.
ibid Page 1769
13.
ibid Page 1755
14.
ibid Page 1755
15.
1993 SCMR 1714 at - 1768
16.
PLD 1984 FSC 136
17.
PLD 1985 FSC 8 - at 15
18.
ibid
19.
319 US 624
Chapter-10
1.
Durab Patel Testament of a Liberal, Page 212
2.
ibid at 211
3.
‘Ashmawy Muhammad Said ISLAM AND THE POLITICAL ORDER, Page 11.
4.
James Madison (A Memorial and Remonstrance sub-mitted to the Virginia General Assembly quoted from The First Liberty by William Lee Miller, Alfred A. Knopf New York, 1986) Page 360 (Appendix II).
5.
JINNAH: Speeches and Statements 1947-1948 The Millennium Series Oxford University Press. Page 125.
6.
ibid Page 28.
7.
ibid Page 29.
8.
Mason, Harlan Fiske Stone,op.,cit p, 533. Quoted from American Constitutional Law 5th Ed by Martin Shapiro & Rocco j. Tresolini. P431 Macmillan NY
9.
Study Organized by International Center For Human Rights and Democratic Developments in Pakistan
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