Ordinance XX
Encyclopedia
Ordinance XX is an legal ordinance of the Government of Pakistan
that was promulgated under the regime of General Zia-ul-Haq and is meant to restrict members of the Ahmadiyya Muslim Community
from applying certain Islamic terms to their own religious practices and beliefs.
According to the Ahmadiyya, this law does not allow Ahmadi Muslims
to call themselves Muslim
or to "pose as Muslims" punishable by three years in prison. This Ordinance and the 1974 amendment in the constitution effectively gave the state of Pakistan, the exclusive right to determine the meaning of the term "Muslim".
, from undertaking Muslim modes of worship, and from making any citations from the Quran and Muhammad's hadith. The Penal Code is adjusted to provide two years of imprisonment to anyone caught doing any of the above. According to the Ahmadi claims of state persecution, this ordinance criminalises the everyday life of Ahmadis. reciting the Kalima (Muslim creed) and greeting with peace in the Muslims way is a criminal offence for Ahmadis in Pakistan. In the following four years from the regulation of the ordinance, there were more than 3,000 cases of Ahmadis charged with various offences under the regulation, 6 were sentenced to 25 years imprisonment and 4 were sentenced to death. No executions have occurred to date and such cases have though subsided in recent years. The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities has called on the Commission on Human Rights to "call on the Government of Pakistan to repeal Ordinance XX."
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
that was promulgated under the regime of General Zia-ul-Haq and is meant to restrict members of the Ahmadiyya Muslim Community
Ahmadiyya Muslim Community
The Ahmadiyya Muslim Community is the larger of two communities that arose from the Ahmadiyya movement founded in 1889 in India by Mirza Ghulam Ahmad of Qadian . The original movement split into two factions soon after the death of the founder...
from applying certain Islamic terms to their own religious practices and beliefs.
Precedent
Ordinance XLIV of 1980 attempted to address the same issue without specifically naming the Ahmadiyya. It amends the PPC as follows:
- 298-A: Use of derogatory remarks, etc., in respect of holy personages:*
Whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo or insinuation, directly or indirectly, defiles the sacred name of any wife (Ummul Mumineen), or members of the family (Ahle-bait), of the Holy Prophet (peace be upon him), or any of the righteous Caliphs (Khulafa-e-Rashideen) or companions (Sahaaba) of the Holy Prophet (peace be upon him) shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
1984 ordinance
Ordinance XX followed in 1984, with the following changes to the PPC:
298-B. Misuse of epithets, descriptions and titles, etc., reserved for certain holy personages or places:
(1) Any person of the Quadiani group or the Lahori group (who call themselves 'Ahmadis' or by any other name who by words, either spoken or written, or by visible representation-
(a) refers to or addresses, any person, other than a Caliph or companion of the Holy Prophet Muhammad (peace be upon him), as "Ameer-ul-Mumineen", "Khalifatul- Mumineen", Khalifa-tul-Muslimeen", "Sahaabi" or "Razi Allah Anho";
(b) refers to, or addresses, any person, other than a wife of the Holy Prophet Muhammad (peace be upon him), as "Ummul-Mumineen";
(c) refers to, or addresses, any person, other than a member of the family "Ahle-bait" of the Holy Prophet Muhammad (peace be upon him), as "Ahle-bait"; or
(d) refers to, or names, or calls, his place of worship a "Masjid";
shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
(2) Any person of the Qaudiani group or Lahori group (who call themselves "Ahmadis" or by any other name) who by words, either spoken or written, or by visible representation refers to the mode or form of call to prayers followed by his faith as "Azan", or recites Azan as used by the Muslims, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
298-C. Person of Quadiani group, etc., calling himself a Muslim or preaching or propagating his faith:
Any person of the Quadiani group or the Lahori group (who call themselves 'Ahmadis' or by any other name), who directly or indirectly, poses himself as a Muslim, or calls, or refers to, his faith as Islam, or preaches or propagates his faith, or invites others to accept his faith, by words, either spoken or written, or by visible representations, or in any manner whatsoever outrages the religious feelings of Muslims shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.
According to the Ahmadiyya, this law does not allow Ahmadi Muslims
Ahmadiyya
Ahmadiyya is an Islamic religious revivalist movement founded in India near the end of the 19th century, originating with the life and teachings of Mirza Ghulam Ahmad , who claimed to have fulfilled the prophecies about the world reformer of the end times, who was to herald the Eschaton as...
to call themselves Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
or to "pose as Muslims" punishable by three years in prison. This Ordinance and the 1974 amendment in the constitution effectively gave the state of Pakistan, the exclusive right to determine the meaning of the term "Muslim".
Analysis
According to this ordinance, Ahmadis are debarred from the use of any honorific titles and modes of address specific to the Prophetic community, from building mosques and calling the AdhanAdhan
The adhān is the Islamic call to prayer, recited by the muezzin at prescribed times of the day. The root of the word is meaning "to permit"; another derivative of this word is , meaning "ear"....
, from undertaking Muslim modes of worship, and from making any citations from the Quran and Muhammad's hadith. The Penal Code is adjusted to provide two years of imprisonment to anyone caught doing any of the above. According to the Ahmadi claims of state persecution, this ordinance criminalises the everyday life of Ahmadis. reciting the Kalima (Muslim creed) and greeting with peace in the Muslims way is a criminal offence for Ahmadis in Pakistan. In the following four years from the regulation of the ordinance, there were more than 3,000 cases of Ahmadis charged with various offences under the regulation, 6 were sentenced to 25 years imprisonment and 4 were sentenced to death. No executions have occurred to date and such cases have though subsided in recent years. The United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities has called on the Commission on Human Rights to "call on the Government of Pakistan to repeal Ordinance XX."