|Q.) My question is regarding the validity or otherwise of the
"Jihad-e-Kashmir." I present my proposition as follows:
1. According to
"Surah Anfal", verse 72, as far as those Muslims are concerned who do not
migrate to "Darul-Islam" from Darul-Kufr", the Muslims living in
"Darul-Islam" are not supposed to take care of them i.e. there is no
relationship of "Walyaat" between the two of them.
2. If such Muslims who are living in "Darul-Kufr" ask for help in matters of
"deen", then we are duty bound to help them.
3. However, such help cannot be given against a country with which we have a
"treaty" or "mithaq."
4. The word "mithaq" is of wide import meaning anything in the normal course
of affairs, on the basis of which one country has reasonable belief that it is at peace
with the other one, has normal relations with it etc. For example, while we have no
specific treaty with China, which says that both countries would not attack each other, we
do have a "mithaq" with China.
5. According to Simla Agreement, Pakistan and India agreed to cease hostilities. That
means we are, now, not at war with India. Both countries further agreed to settle Kashmir
dispute through mutual consultations.
6. The Muslims living in Kashmir come directly under the category mentioned in verse
72, Surah Anfal, as they have not migrated to Pakistan, which is for all legal purposes a
"Darul-Islam". This, then means that we can not help them in their struggle as
we have a treaty with India which has ceased hostilities i.e. we are at present not at war
with India. And it is a known fact that we are helping them militarily and otherwise also.
Many Jihad groups are based in Azad Kashmir.
7. Furthermore, the Holy Qur'an also lays down the principle that if a treaty has to be
invalidated or repudiated by Muslims due to dishonesty or violation by the other
party, it should be done openly and not by secret or covert methods. This means we cannot
violate the provisions of Simla Agreement or the fact that we have ceased hostilities with
India, unless we openly repudiate the agreement, subject to the conditions mentioned
in the Holy Quran.
8. If we want to liberate Kashmir or help Kashmiris, than we shall have to first openly
repudiate the Simla Agreement or any other relevant treaty, and only then, we can help
them or even attack India
Sir, under these circumstances do you agree that the present
"Jihad-e-Kashmir" is un-Islamic. If it is so, what sort of attitude should an
ordinary Muslim adopt? (Muhammad Subhan Butt, Lahore Cantt.)