Daily Times

The bare minimum interpretation of jihad in Islam is to stand and fight in defence when any innocent Muslim is being attacked

I don’t need to narrate India’s brutish acts in Jammu and Kashmir. I tweeted, this Monday, that we don’t have time to waste in understanding the background or diplomatic conspiracy behind Modi’s ‘predictable’ sick moves, and maintained that this is the time to react. Critical and significant footnote here is that sane Indian minds, including a large part of the public and opposition, are not ready to own such stupid, inhuman and blind aggressive actions. If an individual is shot, without any doubt, he will react instead of thinking about the motive/reason behind him being shot, debate of possible reactions aside.

Having said that, is Pakistan’s claim of ‘owning Kashmir’ and its people a joke? It was very unfortunate to hear superficial and self-interest-based debates of parliamentarians. Someone needs to make them realise that they have outgrown school unions and debating societies. I’m writing in shame, being a voter of the Islamic republic of Pakistan, that these ignorant people were again busy in point scoring, in comparatively sugarcoated form, even on such a grave and unusual issue. We, as a nation, are responsible for their existence. I bet that the majority of them are neither aware of the required Islamic conduct nor about the real diplomatic position of Jammu and Kashmir as per international laws and regulations. The position taken by Fawad Chaudhry, Minister of Science and Technology, was comparatively better and principled.

This article will attempt to fill the vacuum about Pakistan’s required reaction and position in this grave and crucial situation. Firstly, nobody needs to be reminded that at the time of the independence, it was decided under the supervision of Lord Mountbatten that the annexation of the disputed region of Kashmir would be as per the will of its people. And therefore, Maharaja Hari Singh had no jurisdiction to decide it alone. Can the sole legal owner sell the property without consulting the beneficiaries? Would justice allow it? Thus, the Instrument of Accession had no legal basis, and it was the very incompetence of Pakistan that resulted in failure to convince the UN to take its side.

We were diplomatically foolish enough to be exploited and manipulated. That mindset fought three wars and lost. We need to understand that India was successful in showing the world Pakistan’s ‘underground’ military involvement in India and Jammu and Kashmir. For some, they were freedom fighters, and for others they were terrorists. Irrespective of a judge’s bias or affiliation, a lawyer’s first and foremost duty is to present crystal clear arguments.

Nobody needs to be reminded that at the time of the independence, it was decided under the supervision of Lord Mountbatten that the annexation of the disputed region of Kashmir would be as per the will of its people

Nobody teaches our Pakistan study students that Hari Singh in the Instrument of Accession compelled India to give Kashmir an independent and autonomous status as was given under the recently abrogated article 370. It was also clearly mentioned that no change could be made in that unilaterally. By abrogating 370, India has also made the document, already illegal, null and void. It is clear that it is not, geographically, the internal issue of the state of India. It is a shame for the whole world and the so-called torchbearers of human rights. Wait: you have an easy option: remove Kashmiri people from the human category.

India is committing grave violations of the UN charters and many other useless agreements. After 9/11, without having any sound evidence and being proactive, the member states of NATO became highly sensitive to ensure peace in the world. While using their excellent abilities, their leader, the United States, also ‘saved’ the whole world from the chemical weapons of Iraq. But ironically, the selective peace organisation, NATO, is now sleeping, while 13 million people are under siege.

The bare minimum interpretation of jihad in Islam is to stand and fight in defence when any innocent Muslim is being attacked. I’m not subscribing to Syed Qutab’s interpretation. Your brothers are being butchered and sisters are being raped. The cost of a funeral is many more deaths. It is not merely a moral obligation; we are under a strict obligation to stand for them. Siraj-ul-Haq of the JI was right in pointing out that their next target could be Gilgit. Keep struggling in every possible way; as the word jihad, used in the Quran, means ‘to struggle’ not ‘to fight’, in particular.

Raise your voice so that the whole world hears it. Remember, how America was forced to end the Vietnam War. I, writing this article, am also doing jihad in my limited capacity. The state has to react and take a firm stance. Pakistan government needs to be fast in presenting international community the clear-cut picture. The government needs to keep the public updated; nations live on the food of trust. Some good steps have been taken after the National Security meeting, headed by the PM, but more needs to be done. After convincing the Muslim world, including the OIC members, Pakistan needs to give an ultimatum to India to stop, and come to the table to find a solution to the Kashmir issue in a humane manner. Kashmiris should be given the fundamental and democratic right to decide their future.

The writer is a lawyer and can be reached at talhamlis@outlook.com