When you pen a letter, you put life into it

- V.N. Mukundarajan
Do people still write letters, that is, by hand? This question will seem absurd for a generation intoxicated with gadgets that eliminate face-to-face-interaction and require using fingers to type keys or press mobile phone buttons rather than hold pens to write on paper. Technological innovations bombard us every day at breathtaking speed that we seldom reflect on how our social lives have changed, how social phenomena which held sway for centuries have been rendered redundant, if not totally irrelevant.

Solemn obituaries have been written for the old fashioned typewriter, the pager and the telegram. Let us pause and spare a moment for the vanishing handwritten letter.

For centuries, personal letters were the dominant mode of communication among people. The postman was one of the most awaited daily visitors in the household. Emotions varied from disappointment when the postman said ‘no letter' to excitement and euphoria when he handed an inland letter card, a postcard or an envelope. The inland letter was the most preferred mode for personal communication as its contents could be protected from prying eyes.

The card was mostly used for conveying pithy messages not requiring confidentiality. Some chose the envelope as it could enclose several pages.

The younger generation might ask: what is so great about the handwritten letter? Is it not a waste of time to sit down and write on a paper which will anyway take a few days to reach the addressee when the message could be conveyed within seconds by e- mail? The advent of cheap mobile telephony has driven another nail in the coffin of personal letter.

The greeting card has also reduced the need to sit down and write down loving messages to our dear ones. The once mighty pen is used nowadays mostly to put signatures.

A printed letter lacks the personal feeling and emotional affinity a written letter conveys. While reading a written letter one can visualise the writer sitting down and putting down his feelings on paper. There is an instant rapport in the written communication which the printed message or telephonic talk could never replicate. The familiar handwriting of a dear one evokes such happiness and delight that has to be experienced to be believed. People used to preserve letters for years as these humble pieces of paper afforded companionship in absentia.

Writing a letter requires us to slow down, think carefully and put down our thoughts. It adds a new perspective to our thought process. An e-mail or telephonic talk is impersonal and ephemeral. A written letter is a permanent record of communication. The greatest and noblest thoughts that the world has seen have been penned by their authors rather than recorded in print. The letters of Mahatma Gandhi and Jawaharlal Nehru contained some of their loftiest thoughts. The world would have lost much had great men had used tele- conversations or e- mail to pour out their wisdom.

People used to polish their handwriting skills by writing more and more letters. Writing also helped to improve the vocabulary, whether it was in vernacular or English.

The younger generation is sadly missing one of the most creative and emotionally and intellectually stimulating activities — writing letters. E-mails and texting reflect our inability to pause, think and create thoughts which carry the authenticity of intense feeling. The electronic letters have played havoc with grammar and structure. It is doubtful whether smart kids can write an error-free page with clarity. This is not to generalise the weakness. But the sad truth is known to those who are in finishing schools which teach soft skills to the ‘educated' unemployed. Instances of bloomers and absurd letters abound. A techie wrote a letter requesting leave of absence for attending his mother's funeral stating that he was ‘responsible' for his mother's death!

The intent is not to trivialise technology. Ironically, this piece has been typed on a computer and sent by e-mail. But the point is that we must occasionally use the pen and paper medium at least for personal communication. My advice to the young people who work at distant places is to try writing a letter to parents for a change. Hearing your voice over the mobile is comforting and reassuring. On the other hand, a telephonic conversation is forgotten soon. But reading your handwriting on paper opens the floodgates of nostalgia and emotional satisfaction which no other medium of communication can replicate. The pen is mighty even in this electronic age. Let us wield it at least occasionally to create islands of tranquillity and happiness in the vast ocean of sick hurry and digital surfeit.

A printed letter lacks the personal feeling and emotional affinity a written letter conveys… There is an instant rapport in the written communication which the printed message could never replicate.

Source:http://www.thehindu.com/todays-paper/tp-features/tp-openpage/article488002.ece

Facebook: Social Networking or Social Engineering?

By: Mirza Yawar Baig
Posted: 6 Jumad al-Thani 1431, 20 May 2010

The big question is, ‘What is social networking and how is it useful?’

Of course you will hear the usual bleating saying, ‘It is so nice to know what my sister is doing….blah, blah.’

So ask this person, ‘Why can’t you send your sister an email asking what she is doing and she can respond to you. Or even better, if you can, call your sister and talk to her.’ But no, I must talk to my sister in a space where it is not only the sister who is listening but almost anyone who cares to listen, even if that person is a total stranger. So is it about your concern for your sister or is it something else?

So also in this space are pictures which really have no place outside the home – like the pictures showing you hugging your sister or wife or whoever! And so on and so on. I don’t think I need to describe all that there is to people who put it there in the first place.

Yes, of course there are controls. Tell me all about them. Tell me also how come almost nobody uses them. How many Facebook profiles do you know who have the maximum control activated where only their immediate family can see them? And of course in the end, all control is only as good as the techies and geeks on the Facebook site allow. After all they can access all that information anyway.

So what is really being achieved by Facebook, Twitter and so on? (Twitter?? Whoever coined that term was clever. Talk about under the belt. Who twitters? A twit!! – but then I suppose a twit doesn’t know that he is a twit, right?)

So what is achieved?

What is achieved is what would be the equivalent of peeping in through your window. Wanting to know what you are doing all the time. I want to know what you are doing all the time and I want you to know what I am doing all the time.

Intrusion into privacy when it is done against your will is unpleasant. So what is better? Get you into a state of mind where you will volunteer to tell people all about your internal organs on your own. See the change? An intruder is an intruder only when he intrudes against your will. If you invite him in, then he is a guest, not an intruder. Same person, same you but different rules. And that’s what it is all about, the rules of engagement.

So is it ‘social networking’ or is it ‘social engineering?’

The purpose is to change the rules of the society. Break barriers. Destroy the boundaries that protect us.

And where does this lead to? Addiction and intoxication. Addiction to seeing what others are doing and telling others what you are doing on a daily, hourly, minute by minute basis. And being intoxicated with the false feeling that you are so interesting that people are really interested in what you are doing. Not realizing or willing to believe that these are the actions of other intoxicated people.

You don’t like the word ‘intoxication’? Just don’t log onto your Facebook or Twitter account for two days and monitor your heartbeat, blood pressure, tremor in your mouse, whatever and you will see what I mean.

And all this for what? What is achieved with the time that you spend reading about other’s adenoids and telling them about yours? Incidentally I know what adenoids means and that you don’t talk about them. But let us not mention what facebookers really talk about!

So what did you achieve? Just ask yourself this question, ‘What did I achieve by being on Facebook and Twitter (or whichever of these infernal social networks you are on) over the past month, year or whatever period.’ Remember this is a serious question because you Muslim/ah are spending your time (life) doing it. And that makes it among the first questions that you will have to answer to Allah. So what did you achieve? Prepare the answer. You will need it.

Social networking is social engineering. Its purpose is to change the values and ethics of people. This is done, in its most benign form, to encourage you to indulge more and more in the consumerist society that is all consuming. We think we are the consumers. But we are in reality the consumed. Just think, how many of you buy things, see shows, go to restaurants (and other places), like or dislike things because of campaigns on Facebook and Twitter? See what is happening? Your minds are invaded, your thoughts are influenced, and consequently your actions are manipulated and you may not even realize it.

Today Muslims the world over are very angry with the latest offensive of the Facebook. But an impulsive reaction will hardly do us any good. Just staying off of the offensive site for one day, as many have advocated, will only highlight our capitulation to it.

It is time we rethink what are we doing with our lives and say no to social engineering. It is time to get off of Facebook, Twitter, and other similar sites that are destroying us from within.

Source:http://albalagh.net/current_affairs/0103.shtml

Freedom of Expression?

By: Khalid Baig
Posted: 6 Jumad al-Thani 1431, 20 May 2010

With the latest in-your-face act of the Facebook, the issue is once again attracting headlines. Should Muslims react? How should they react? Where do they stand on the philosophical issue underlying all this?

In the media the issue has been framed as a clash between two camps. One camp stands for freedom of expression. The other wants to curtail it. Needless to say the first camp is enlightened and virtuous. The other is a relic of the dark ages. The clash in other words is between a civilized and civilizing West and Islam that just refuses to be civilized.

Once you accept this framing of the whole issue, the outcome is already decided. Are you for freedom of expression or not? It is a loaded question, and just like the yes/no question, “Have you stopped beating your wife?” no matter how you answer it, you remain guilty.

Look at the typical Muslim response which begins, “We also believe in freedom of expression but…” It matters little what you say after that. It is obvious that you are trying to add exclusions and limitations to a basic moral value while the other side is asking for no such limits. It is not difficult to see which side will come out ahead.

But this predicament is a result of uncritically accepting a false statement about the nature of the clash. For the real clash is not between those who are for and those who are against a freedom. Rather it is between two different freedoms. On the one hand is the freedom to insult. On the other is freedom from insult. Whether it was the Satanic Verses of the 1980s or the Cartoons of 2005 and their endless reproduction since then, if they stand for any freedom, it is freedom to insult. Pure and simple. Muslims, on the other hand, have stood for and demanded freedom from insult. Nothing more. Nothing less.

These are certainly opposing values. You can be for one or the other. And the question does arise, which one is a better value.

To see that let us imagine a society that truly believes in the first as a cherished moral value. It celebrates freedom to insult and guards it at all costs. Every member of it enjoys this freedom and practices it regularly. In a business everyone insults everyone else. The boss is insulting the employees, the employees are insulting the bosses. The salesmen are insulting the customers. The accountants are insulting the creditors. Everyone is enjoying the great freedom to insult. The same is true of the home. The parents are always insulting the children. The children are constantly insulting the parents. The spouses are incessantly insulting each other. And in doing so they all stand on the high moral ground because freedom to insult is such a fundamental freedom on which the society is built.

Actually contrary to the claims of the pundits if the Western society was truly built on this “cherished moral value,” it would have perished a long time ago --- consumed by the fires of hatred and negativity generated by this freedom. No home, no neighborhood, no village, no business, no organization and no society can survive for long if it makes freedom to insult as a cornerstone of its freedoms. Clearly most who advocate this freedom do not practice it in their daily lives. But they are making an exception in the case of Islam and Muslims. The driving force behind this is not any great moral principle but a deep rooted hatred born of ignorance.

Software professionals sometimes use a term called beature. It stands for a bug turned into a feature. A bug is a defect in the software. A feature, on the other hand, is a desirable attribute. A beature is a defect that is presented (thanks to slick marketing) as a feature. Freedom to insult is also a beature. It is the growing sickness of Islamophobia in the West which is being presented as a high moral value, packaged by the slick marketing departments as freedom of expression.

Well, whether or not freedom to insult is a Western value, Islam has nothing to do with it. It lays emphasis on its exact opposite: the freedom from insult. It values human dignity, decency, and harmony in the society. The freedom of religion it ensures includes freedom from insults. While it does not shy away from academic discussion of its beliefs and showing the falsehood of non-Islamic beliefs, it makes sure that the discussion remains civil. In those discussions it wants to engage the intellect of its opponents; in contrast those who itch to insult their opponents are interested in satisfying their vulgar emotions. Thus while its most important battle is against false gods it asks its followers to refrain from reviling them. (Qur’an, Al-anam, 6:108). It also reminds them to stay away from harsh speech. “Allah loves not the utterance of harsh speech save by one who has been wronged.” (Qur’an, Al-Nisa, 4:148). Prophet Muhammad, Sall-Allahu alayhi wa sallam, who is being reviled by the scum of the world, taught Muslims to never let the low moral standards of their adversaries dictate theirs.

As a result of these teachings Muslims can never even imagine insulting any Prophet --- from Adam to Moses to Jesus to Muhammad, peace be upon them all. Even when they ruled the world, Muslims treated the religious leaders of non-Muslim also with respect – even during battles. In the Baghdad court Jewish and Christian scholars engaged in open discussions with the Muslim savants. Needless to say they had not been attracted by the freedom to insult but its exact opposite. Freedom from insult is a fundamental value that assures peace and harmony. It leads to healthy societies. And Muslims are very proud of their impeccable record here.

What is true of a home or a village is also true of the world as it has become a global village. Now, more than ever before, the world needs the harmony and tolerance that can only be assured by the freedom from insults.

Source:http://albalagh.net/food_for_thought/0096.shtml

Blasphemous Cartoons - STATEMENT FROM DARUL IHSAN

International Muslim community strongly condemns publishing of cartoons of the Prophet Muhammad (Peace and Blessings be upon Him). Write to media. Protest through all appropriate channels within the law.

STATEMENT FROM DARUL IHSAN

Why the International Muslim Community is Angry About the Insulting Cartoons!!!

The international Muslim community is deeply offended by cartoons mocking the Holy Prophet Muhammad (peace be upon him) and depicting him negatively. It is evident that these publications are aiming to demonise the character and personality of the Holy Prophet Muhammad (peace be upon him) who is followed by 1.5 billion Muslims globally and who is admired by millions of others all over the world. After all, what was the intention of these publications by depicting the Prophet negatively when it is a well known fact that he was a paragon of peace, mercy, tolerance and forgiveness?

The publication of these cartoons demonstrates contempt for the religious beliefs of the Muslim Community. These publications have abused freedom of speech by taking it to a dangerous, irresponsible and unacceptable level by showing disregard for the sensitivities of Muslims around the world. The Muslim community views the publications of such offensive material as a serious attack on the integrity of their religion, and as an attack on the global Muslim Community.

MEDIA SHOULD NOT ABUSE FREEDOM OF SPEECH

The media has a duty to act responsibly in sensitive issues of this nature and not to push the right to freedom of expression to ridiculous levels where the lines of distinction between profound and profane are virtually obliterated. Freedom of expression is not an absolute; it is limited by the requirement of not causing offence or inciting racial or religious hatred.

Sensible and responsible leaders around the world, including the pope, issued strong statements against the Danish cartoons some time back. The US Government also condemned these caricatures. "These cartoons are indeed offensive to the belief of Muslims," State Department spokesman Kurtis Cooper said in answer to a question. "We all fully recognize and respect freedom of the press and expression but it must be coupled with press responsibility. Inciting religious or ethnic hatreds in this manner is not acceptable."

IMAGES NOT ALLOWED

The reason why Muslims are so angry is because these cartoons have violated fundamental teachings of their religion. Islam has traditionally prohibited images of humans and animals altogether - which is why much Islamic art is made up of decorative calligraphy or abstract arabesque patterns. Throughout history Muslims have cast out, destroyed or denounced all images, whether carved or painted, as idolatry.

Therefore, images of the Prophet are strictly forbidden in Islam, because it is forbidden and because this is deemed disrespectful to him, and for the very fear that his image could then be distorted and abused. Thus no records of any authentic image or portrait of the Prophet is to be found anywhere in the world throughout history. Yet some people seem to have little understanding of why this should be so, nor do they understand the intensity of the feelings aroused in Muslims when this is done.

Muslims love the Prophet (peace be upon him) so intensely that this love supersedes their love of everyone else. When speaking or writing, his name is always preceded by the title "Prophet" and followed by the phrase: "Peace be upon him", often abbreviated in English as PBUH.

Attempts to depict him in illustration were therefore an attempt to depict the sublime - and so forbidden. To depict him in a series of mocking and provocative cartoons is the worst form of blasphemy imaginable. No Muslim can ever tolerate such disrespect. The Muslim Community is disgusted at these cartoons and must protest against them responsibly. Write to publishers, editors, participate in all legal marches and protests within the law.

RESPECT - AN IMPORTANT ISLAMIC VALUE

The entire culture and value system of Islam is based on respect and reverence, such as respect for parents, wives, elders, religious symbols and so forth. For certain people respect means nothing at all. Such people satirise and mock anything and everything, including their own religion, all of which is done in the name of freedom of expression. They expect to also mock at others, in the name of freedom of expression. But Muslims, who are required by their religion to respect all of the Holy Prophets (peace be upon all of them), will not tolerate the mockery of any of the Holy Prophets. Hence when the Prophet (peace be upon him) was mocked in the cartoons, there was a furious reaction from Muslims around the world and this could very well be the case again. Unfortunately some editors either do not have the understanding of Islamic values, or deliberately abuse the freedom of speech to incite and offend Muslims in these provocative ways.

Two things are wrong with the cartoons. Firstly, the illustrated depiction of the Holy Prophet (PBUH), and worse, the intention to ridicule the Prophet (peace be upon him) through it. This was an explosion waiting to happen. Muslims view this as an example of the ignorance and arrogance that certain people display towards them.

Yet there are countless of other people, who may not be Muslims, but who have shown respect and admiration of the Holy Prophet (peace be upon him) not because they believe in him or are his followers, but because they are fair, just and not prejudiced in their study or analysis of his personality as recorded in his biography. These people have found him to be a wise, kind, tolerant, forgiving, honourable and generous person, who has inspired millions around the world.

The Prophet (peace be upon him) himself was the subject of abuse, violence and mockery in his lifetime, but he always tolerated, forgave and showed kindness even to his opponents. Although Muslims are furious about disrespect shown to the Prophet, it is important that they register their protest respecting law and order, and do not act irresponsibly, for that is not what the Holy Prophet (peace be upon him) would have approved.

Source:http://www.darulihsan.com/index.php?option=com_content&view=article&id=3012:blasphemous-cartoons-statement-from-darul-ihsan&catid=55:news&Itemid=155

Purification of water in islamic concept

Question

1. Is it allowed in shariath to sell water? I mean we are planning to process the river water and sell in the market after filling in big bottles. But before doing I would like to know is it allowed in Sharia. We will get all the approvals from Government in order to take water from river. And will also ensure that people of the surrounding are not oppsoing the water intake. Please clarify.
2. I am living in UAE. Here the big gardens, parks and landscapes are water / irrigated with Treated Sewage Effluent (TSE) water. People use to sit / play in the grasses of the gardens which are watered with TSE. Normally sewerage / sewage water is Najis and Na PAK. But the water is treated in centralized HUGE sewage treatment plant and the odour and all other ugly parts are removed up to 99% and it is safe for environment (technically). But logically still there are remains, say (0.1 % at least) since the water is not 100% treated. My question is Can we sit in these grassQes and pray with the same garments / dresses?


Answer

In the name of Allāh, Most Gracious, Most Merciful
Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

1. It is permissible to sell bottled water.

في الدر المختار: ( والمحرز في كوز وحب ) بمهملة مضمومة الخانية ( لا ينتفع به إلا بإذن صاحبه ) لملكه بإحرازه ؛ وقال ابن عابدين رحمه الله: ( قوله والمحرز في كوز أو حب ) مثله المحرز في الصهاريج التي توضع لإحراز الماء في الدور كما حرره الرملي في فتاواه وحاشيته على البحر ، وأفتى به مرارا وقال : إن الأصل قصد الإحراز وعدمه ... ( قوله لا ينتفع به إلخ ) إذ لا حق فيه لأحد كما قدمناه ( قوله لملكه بإحرازه ) فله بيعه ، ملتقى ( رد المحتار: 10/17 ، دار المعرفة )

فإذا أخذه وجعله في جرة أو ما أشبهها من الأوعية فقد أحرزه فصار أحق به فيجوز بيعه والتصرف فيه كالصيد الذي يأخذه كذا في الذخيرة ( الفتاوى الهندية: 3/130، دار الكتب العلمية )



2. In principle, land and anything that is attached to it such as grass, trees and bricks become pure once the impurity has dried and the traces of the impurity (its colour, smell and taste) have disappeared.

Therefore, in the case of the parks and gardens that are watered with impure water, they will become pure once the impure water has dried and the smell, colour and taste of the impure water, if any, have disappeared. Once the ground has become pure, one is allowed to play, sit and even offer the salaat on it.

( و ) تطهر ( أرض ) بخلاف نحو بساط ( بيبسها ) أي : جفافها ولو بريح ( وذهاب أثرها كلون ) وريح ( لـ ) أجل ( صلاة ) عليها ... ( و ) حكم ( آجر ) ونحوه كلبن ( مفروش وخص ) بالخاء تحجيرة سطح ( وشجر وكلأ قائمين في أرض كذلك ) أي : كأرض ، فيطهر بجفاف وكذا كل ما كان ثابتا فيها لأخذه حكمها باتصاله بها ( الدر المختار: ج 1 ص 563 ، دار المعرفة )

On the other hand, if someone walks and sits on the ground before the impure water has dried, his shoes, clothes and anything else that was besmeared with the impure water will become impure, and he will not be permitted to offer salaat in this state.

Now this leads to the question: Is treated sewage water pure or impure?


Treated sewage water

In principal, impure water does not become pure merely by the disappearance of impurity and its traces from the water. This is the case even if the impure water is in a large quantity.[i] Similarly, impure water does not become pure merely by filling a large tank with it, regardless of whether or not traces of impurity are apparent in it.[ii]

Hence, sewage water will not become pure merely due to being treated. Pure water (according to the Shariah) and biologically clean water are two different things.

Impure water becomes pure when it flows with pure water.[iii] Similarly, it becomes pure when it enters a large body of pure water.[iv] Large body of water is that water whose surface size is approximately 23 metres square or more.[v]

In both cases (i.e. whether the impure water flows with pure water, or it enters a large body of pure water), the condition is that after mixing with the water, the smell, taste and colour of the water should be that of normal water. If any of the three qualities of water (i.e. its smell, taste and colour) changes due to impurity, the water will be impure.[vi]

Therefore, if treated sewage water is released into a large body of pure water such as a lake or river, the lake or river water will be pure as long as the smell, taste or colour of the water does not change due to impurity. However, if treated sewage water is released to a small body of pure water, the entire water will become impure regardless of whether or not the smell, taste or colour of the water has been affected by impurity.[vii]

Similarly, since water travelling in pipes is flowing water[viii], if treated sewage water flows in the pipes along with pure water, the mixed water will be pure with the condition that the smell, taste or colour of the water is not affected by impurity. This is the case even if the pure water is less than the treated sewage water.[ix]

Note that impure water does not become pure by flowing with impure water, regardless of whether or not there are traces of impurity in it.[x] To become pure, it must flow with pure water. Therefore, if treated sewage water travels in the pipes by itself, it will not become pure.

Another way in which the treated sewage water can become pure is that after impurities have been removed from the water and the taste, smell and colour of the water returns to that of normal water, pure water is poured in the tank containing the treated sewage water till the water overflows from the tank. As soon as the water overflows from the tank, the entire water in the tank will become pure. This is because the water of the tank will be considered flowing water as soon as it overflows when water is poured in it. This is even if the water that overflows is little. The water that overflows is also pure. This is regardless of whether the water is in a large tank or a small tank.[xi]

The above will apply even if the treated sewage water is in a bucket or a container, i.e. if a bucket or container is filled with treated sewage water and thereafter pure water is poured in it till the water in the bucket or container overflows, the entire water will become pure.[xii] Even the water that overflows and falls down will be pure.[xiii]

Note that all the rulings mentioned above are based on the assumption that when the sewage water leaves the home and travels in the pipes towards the treatment plant, the smell, taste or colour of the water changes due to the impurities in it. If the assumption is wrong, the rulings may be different.[xiv] This is because of two reasons: 1) The water that travels in pipes is considered flowing water. 2) Along with impurity and impure water, sewage water also contains pure water.

Also note that one can use impure water to flush the toilet, water the garden etc. However, it cannot be used for drinking, cooking, making wudu or ghusl and for washing clothes.

And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum

Ml. Faizal Riza
Correspondence Iftā Student, Australia
Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah

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[i] ، وإذا وصل إلى الحياض في البيوت متغيرا ونزل في حوض صغير أو كبير فهو نجس وإن زال تغيره بنفسه ، لأن الماء النجس لا يطهر بتغيره بنفسه إلا إذا جرى بعد ذلك بماء صاف فإنه حينئذ يطهر ( رد المحتار: 1/373 ، دار المعرفة )

[ii] ولو سقطت نجاسة في ماء دون عشر ثم انبسط فصار عشرا فهو نجس ، وكذا إذا دخله ماء شيئا فشيئا حتى صار عشرا ( فتح القدير: 1/86، دار الكتب العلمية )

[iii] لأن الماء النجس لا يطهر بتغيره بنفسه إلا إذا جرى بعد ذلك بماء صاف فإنه حينئذ يطهر ( رد المحتار: 1/373 ، دار المعرفة )

[iv] ( وبتغير أحد أوصافه ) من لون أو طعم أو ريح ( ينجس ) الكثير ولو جاريا إجماعا ( الدر المختار: 1/367، دار المعرفة )

وبما في الفتح وغيره من أن الماء النجس إذا دخل على ماء الحوض الكبير لا ينجسه لو كان غالبا على ماء الحوض ( رد المحتار: 1/372 ، دار المعرفة )

[v] فتاوى محموديه: 5/171 ، مكتبة شيخ الإسلام ديوبند

[vi] ( وبتغير أحد أوصافه ) من لون أو طعم أو ريح ( ينجس ) الكثير ولو جاريا إجماعا ( الدر المختار: 1/367، دار المعرفة )

[vii] أما القليل فينجس وإن لم يتغير ( الدر المختار: 1/367، دار المعرفة )

[viii] في الدر المختار: والجاري ( هو ما يعد جاريا ) عرفا ، وقيل ما يذهب بتبنة ، والأول أظهر ، والثاني أشهر ( وإن ) وصلية ( لم يكن جريانه بمدد ) في الأصح ، فلو سد النهر من فوق فتوضأ رجل بما يجري بلا مدد جاز لأنه جار ، وكذا لو حفر نهرا من حوض صغير أو صب رفيقه الماء في طرف ميزاب وتوضأ فيه وعند طرفه الآخر إناء يجتمع فيه الماء جاز توضؤه به ثانيا وثم وثم وتمامه في البحر ؛ وقال ابن عابدين رحمه الله: واعلم أن هذه المسائل مبنية على القول بنجاسة الماء المستعمل ، وكذا نظائرها كما صرح به في الفتح والبحر والحلية وغيرها ( رد المحتار: 1/371 ، دار المعرفة )

[ix] وبما في الفتح وغيره من أن الماء النجس إذا دخل على ماء الحوض الكبير لا ينجسه لو كان غالبا على ماء الحوض ، قال : فالجاري بالأولى ، وتمامه في شرحه ( رد المحتار: 1/372 ، دار المعرفة )

وفي الدر المختار: ثم المختار طهارة المتنجس بمجرد جريانه ؛ وقال ابن عابدين رحمه الله: ( قوله : بمجرد جريانه ) أي بأن يدخل من جانب ويخرج من آخر حال دخوله وإن قل الخارج ، بحر... (و بعد أسطر) ... وأما على القول المختار فقد حكم بالطهارة بمجرد الخروج فيكون الخارج طاهرا تأمل ، ثم رأيته في الظهيرية ونصه : والصحيح أنه يطهر وإن لم يخرج مثل ما فيه ، وإن رفع إنسان من ذلك الماء الذي خرج وتوضأ به جاز اهـ فلله الحمد ( رد المحتار: 1/381 ، دار المعرفة )

لو تنجس الحوض الصغير ثم دخل فيه ماء آخر وخرج حال دخوله طهر وإن قل ( فتح القدير: 1/86، دار الكتب العلمية )

[x] واعلم أن هذه المسائل مبنية على القول بنجاسة الماء المستعمل ، وكذا نظائرها ... ( قوله : وكذا لو حفر نهرا إلخ ) أي وأجرى الماء في ذلك النهر وتوضأ به حال جريانه فاجتمع الماء في مكان ، فحفر رجل آخر نهرا من ذلك المكان وأجرى الماء فيه وتوضأ به حال جريانه فاجتمع في مكان آخر ففعل ثالث كذلك جاز وضوء الكل إذا كان بين المكانين مسافة وإن قلت ذكره في المحيط وغيره ، وحد ذلك أن لا يسقط الماء المستعمل إلا في موضع جريان الماء فيكون تابعا للجاري خارجا من حكم الاستعمال ، وتمامه في شرح المنية ( رد المحتار: 1/371 ، دار المعرفة )

[xi] وفي الدر المختار: ثم المختار طهارة المتنجس بمجرد جريانه ؛ وقال ابن عابدين رحمه الله: ( قوله : بمجرد جريانه ) أي بأن يدخل من جانب ويخرج من آخر حال دخوله وإن قل الخارج ،"بحر"، قال ابن الشحنة : لأنه صار جاريا حقيقة ، وبخروج بعضه رفع الشك في بقاء النجاسة فلا تبقى مع الشك اهـ .... (و بعد أسطر) ... وأما على القول المختار فقد حكم بالطهارة بمجرد الخروج فيكون الخارج طاهرا تأمل ، ثم رأيته في الظهيرية ونصه : والصحيح أنه يطهر وإن لم يخرج مثل ما فيه ، وإن رفع إنسان من ذلك الماء الذي خرج وتوضأ به جاز اهـ فلله الحمد ( رد المحتار: 1/381 ، دار المعرفة )

[xii] ومقتضاه أنه على القول الصحيح تطهر الأواني أيضا بمجرد الجريان ، وقد علل في البدائع هذا القول بأنه صار ماء جاريا ولم نستيقن ببقاء النجاسة فيه ، فاتضح الحكم ولله الحمد ، وبقي شيء آخر سئلت عنه ، وهو أن دلوا تنجس فأفرغ فيه رجل ماء حتى امتلأ وسال من جوانبه هل يطهر بمجرد ذلك أم لا ؟ والذي يظهر لي الطهارة ، أخذا مما ذكرناه هنا ومما مر من أنه لا يشترط أن يكون الجريان بمدد إلخ ( رد المحتار: 1/382 ، دار المعرفة )

[xiii] وأما على القول المختار فقد حكم بالطهارة بمجرد الخروج فيكون الخارج طاهرا تأمل ، ثم رأيته في الظهيرية ونصه : والصحيح أنه يطهر وإن لم يخرج مثل ما فيه ، وإن رفع إنسان من ذلك الماء الذي خرج وتوضأ به جاز اهـ فلله الحمد ( رد المحتار: 1/381 ، دار المعرفة )

[xiv] فلو فيه جيفة أو بال فيه رجال فتوضأ آخر من أسفله جاز ما لم ير في الجرية أثره ( وهو ) إما ( طعم أو لون أو ريح ) ظاهره يعم الجيفة وغيرها ، وهو ما رجحه الكمال وقال تلميذه قاسم إنه المختار ، وقواه في النهر ، وأقره المصنف وفي القهستاني عن المضمرات عن النصاب : وعليه الفتوى ( الدر المختار: 1/372، دار المعرفة )

A Poem by Shaker Aamer's Children: A Plea

11-03-2010

Help us bring our father home

Brothers, sisters come along



He has never done anything wrong

He is innocent, that is well known



Locked up far away in a no entry zone

He’s been tortured, he’s been torn



Do you know how we live on our own

Struggling, thinking where do we belong



We have missed him for very very long

We can’t see him, we can’t phone



We try to be patient but we can’t go on

All we can do is cry and mourn



When will he return, no signs are shown

We wish after night, comes new dawn



Let us remind you we are not alone

Allah almighty keeps us strong

Good Muslims don’t repeat everything they hear

We often hear the world described as a global village. Breaking news, natural disasters, conflicts, wars and a whole host of world events are transmitted across the globe within seconds, thanks to cutting edge media technology.

As Muslim communities we are not immune from the glare of the media. The reality is that most of what is termed as mainstream media today tends to be negative when reporting on issues that involve us.

The Qur’an advises us to verify and be circumspect whenever news reaches us, more so when the sources are not impeccable. Sensationalism, scandal, mistruths, rumours and provocative stories are generally regarded as norms in contemporary journalism.

Sadly some Muslims and even the knowledgeable scholars are guilty of these unsavoury practices. We need to be aware of this when reading or listening to the news and take care ourselves not to indulge in such practices.

An inherent quality of a Muslim is to ponder and think. This quality is ours to use. Let us use it to separate fact from fiction and truth from falsehood. May Allah grant us the ability to identify evil and repel it. Aameen.

Source:http://www.jamiat.co.za/newsletter/online_newsletter_0520.htm

Imitating Disbelievers

“And never will the Jews and the Christians approve of you until you follow their religion. Say: ‘Indeed, the guidance of Allah is the (only) guidance.’ If you were to follow their desires after what has come to you of knowledge, you would have against Allah no protector or helper.” (2:120)

• When a person meditates upon the histories of past nations, one will be amazed at the revolutions and transformations they went through. For instance, there was the Muslim pioneering nation which led the world for many centuries but then, it faltered and lost its leading role. It fell in the midst of blind imitation and followed the paths of other nations in terms of manners and beliefs. It was the nation that discovered the sources of knowledge and developed the Islamic civilization and sciences, which the West later obtained significantly, without having to exert the least of efforts.

• Rasulullah sallallaahu alayhi wasallam said: ‘You will imitate the nations before you very closely to the extent that if they went into a lizard’s hole, you would enter it as well.’ His companions inquired, ‘Do you mean the Jews and Christians, O Messenger of Allah?’ Rasulullah sallallaahu alayhi wasallam replied: ‘Who else?’ (Bukhari & Muslim) Rasulullah sallallaahu alayhi wasallam also said, ‘The Day of Judgment will not come until my Nation closely imitates the nations before them.’ It was asked, ‘Like the Persians and Romans, O Messenger of Allah?’ Rasulullah sallallaahu alayhi wasallam replied: ‘Who are the nations (I could mean) except those?’ (Bukhari)

• The Muslims constitute the most guided nation in this life, and on the Day of Judgment Allah will make them witnesses over all other nations, as Allah says, "And thus We have made you a moderate community that you will be witnesses over the people and the Messenger will be a witness over you…" (2:143). Indeed, this is a very prestigious position. How is it then that Muslims imitate others in their customs, traditions and feasts? Rasulullah sallallaahu alayhi wasallam also even forbade the Muslims from acquiring religious information from the People of the Book.

• Allah made human beings and all other creatures accustomed to interacting with their similar counterparts. When the degree of similarity increases, such interaction and hence imitation in morals and characteristics becomes more complete, until it is hardly possible to distinguish between them. It is also known that if a human being stays in the company of a certain type of animal, he would acquire some of its features. That is why, for example, those who tend camels are known for their pride and arrogance, while shepherds are known to be humble and calm.

• Furthermore, when a person adorns the clothes usually worn by scholars, he may feel himself as somehow closer to them, because similarity and imitation in outward appearance leads to resemblance in inward characteristics such as personal characteristics and morals. Rasulullah sallallaahu alayhi wasallam said: ‘Whoever imitates a people is one of them.’ (Abu Dawood)

• The Muslim Nation should lead, not be led; others should depend on them and not the reverse. Western civilization is like a mirage, which when seen from a distance is like a large sea, but it is as Allah says, “But the disbelievers – their deeds are like a mirage in a lowland which a thirsty one thinks is water until, when he comes to it, he finds it is nothing but finds Allah before him, and He (Allah) will pay him in full his due; and Allah is swift in account.” (24:39)

• If some people believe that the Muslim nation must change its ways for development, then let it be known that resorting to the Book of Allah and the Sunnah of Rasulullah sallallaahu alayhi wasallam is the best means for change. Allah says, “…Indeed, Allah will not change the condition of a people until they change what is in themselves. And when Allah intends for a people ill, there is no repelling it. And there is not for them besides Him any patron.” (13:11)

• The restrictions imposed by our religion on the human being are not meant to torture or deprive him from the pleasures of this life. Rather, their aim is to elevate him from mere animalism to complete humanity. Thus, a Muslim will become capable of overcoming subservience and dependence, and his faith and piety will overpower animalistic lusts.

• Whenever a society ignores such restrictions or belittles them, it jeopardizes and opens itself to serious problems and positions itself on the brink of destruction. As Allah says, “…And whoever transgresses the limits of Allah – it is those who are the wrongdoers.” (2:229) and also, “…And who is more astray than one who follows his desire without guidance from Allah? Indeed, Allah does not guide the wrongdoing people.” (28:50)

• It is plainly evident that some people who imitate the polytheists in their clothes, manners, traditions or speak their language, harbour love and admiration for them. In this way, the polytheists succeed in disseminating ideas such as globalization and a universal religion which affect some poor-hearted Muslims; all of these aim at weakening the Muslim character and identity. Whenever a person objects to such ideas, he is labeled as an introvert, an isolationist and even a narrow-minded person alienated from this world and who should have died in his cradle.

Source:http://www.jamiat.co.za/newsletter/online_newsletter_0520.htm

E-Codes

Food additives are added to food to make it safer, keep it longer, stop the growth of bacteria, mould, and stop food going stale. They also aid processing as emulsifiers, raising agents, preservatives and improve food in terms of colour, taste, texture and nutritional value.

Additives increase the variety of food available to consumers keeping prices down, allowing safe delivery of food to urban populated areas and create alternatives to traditional food like meat substitutes for meat, low fat products for butter and yoghurt and sugar free drinks for diabetics.

The use of additives is strictly controlled by law. They may not be used in food unless they are on approved Government supervised list, proving their safe and effective usage. Once approved by the EC it is then given an 'E' number and is constantly monitored by local Government and the EEC.

EEC directives require all food to list ingredients of the various products used because additives being so complicated by way of understanding leave alone pronouncing would have ingredients look like a chemist's dictionary.
The E Numbers are divided into 9 categories

Permitted Colours Numbers 100-180
Preservatives Numbers 200-290
Permitted Anti-oxidants Numbers 300-321
Emulsifiers and Stabilisers Numbers 322-494
Sweeteners Numbers 420-421
Solvents Numbers 422
Mineral Hydrocarbons Numbers 905-907
Modified Starches Numbers 1400-1442
Miscellaneous Additives Numbers 170-927

The 'E' numbers were introduced to make it easier for EEC countries to come to a uniform system of regulating the additives industry.

We are publishing a list of numbers, some of which are haraam and some of which are doubtful, because of its doubtful nature Muslims have to refrain from them as well.

E120 Cochineal (Carmine of Cochineal Carminicago, C.I.75490, derived from the insect Dactilopius Coccus.

E160 Alfa-Carotene, Beta-Carotene, Gamma-Carotene.

E471 Mono and Di-Glycerides of fatty acids.
When Glycerol is used one has to find out the source whether animal or synthetic.

E472 (a-e) Lactic acid esters of mono- and di-glycerides of fatty acids. Prepared from esters of Glycerol.

E473 Sucrose esters of fatty acids prepared from Glycerol and Sucrose.

E474 Sycroglycerides prepared by reaction of Sucrose on natural triglycerides (from palmoil, lard, etc.)

E475 Polyglycerol esters of Fatty acids. Prepared in the laboratory.

476 Polyglycerol esters of polycondensed fatty acids of castor oil (polyglycerol polyricinoleate). Prepared from Castor Oil and Glycerol esters.

E477 Propane-1,2-idol esters of fatty acids (Propylene Glycol esters of Fatty acids). Prepared from Propylene Glycol.

E478 Lactylated fatty acid esters of glycerol and propane-1,2-idol. Prepared from esters of glycerol and Lactic acid.

E631 Insine (Disodium Phospate, Sodium and Inosinate). The Disodium Salt of Inosinate Acid which can be prepared from insect or fish extract.

E635 A mixture of disodium guanylare and disodium inosinate. Same source as 631.

E640/920
L-Cysteine Hydrochloride and L-Cysteine hydrochloride mono hydrate. A naturally occurring amino acid manufactured from animal hair and chicken feathers.

All other 'E' number additives at the time of publication are Halaal, because of the ruling of Tabdeel-e-Mahiyat. Please refer to our article elsewhere in this book on this subject.

Except the following:
E473, E474, E475, E476, E477, E478, E631, E635, E640, E920

E904 Shellac. a substance obtained from the resin produced by the Lac insect, mainly found in India. The secretions are bleached and dried before usage on confectionary, chocolate panning, ice creams latter and the shining of fruit, mainly apples.
This E number is also under investigation. We have had discussions with one of the companies regarding this E number and whether its secretion fall under the category of being Taahir [pure] or Najas [impure]. We request readers to please look out for the report /update.

Allah reward you for using the Foodguide Service. Allah give us tawfique to eat Halaal all the time. Please tell your friends and please pray for us too.

... and Allah Ta'ala Knows Best

--------------------------------------
(Mufti) Abdullah Patel
Halal Food Guide

Source:http://www.muftisays.com/qa/question/1855/e-code.html

From Murder Mystery To Spy Thriller: The Continuing Saga of The Mumbai Terrorist Attacks

by Raveena Hansa / May 15th, 2010

A great deal of new evidence concerning the 26 November 2008 terrorist attacks in Bombay has emerged over the past year. This includes the book Who Killed Karkare: The Real Face of Terrorism in India by S.M.Mushrif,1 a former police officer with a distinguished record, who uses news reports during and just after the attacks to question the official story; the book To the Last Bullet by Vinita Kamte (the widow of Ashok Kamte) and Vinita Deshmukh;2 revelations concerning Hemant Karkare’s bullet-proof jacket and post-mortem report; the David Coleman Headley trial; and the trial of Ajmal Kasab, Fahim Ansari and Sabauddin Shaikh. I do not include the Ram Pradhan Commission report on police responses to the attack for reasons I will explain.

The Headley Affair

The Headley affair has, predictably, grabbed a great deal of publicity. The fact that the FBI had been investigating the involvement of this American in conducting reconnaissance for the 26/11 attacks seems to have come as a revelation to the Indian investigators, who had a chance to apprehend him but instead chose to detain two Indian Muslims, Fahim Ansari and Sabauddin Shaikh, for preparing maps of 26/11 targets.

It has been established that Headley was an agent of the US Drug Enforcement Administration, and his plea bargain leads us to conclude he was also a US intelligence agent: in other words, a spy. It is also known he was involved with the Lashkar-e-Taiba (LeT), and supplied information to them about targets attacked on 26/11. There are three possible explanations that would fit these facts:

1) He started off as a US intelligence agent, but was won over by the LeT, and was acting on their behalf.

2) The US intelligence agency employing him was complicit in the 26/11 attacks. Since the most likely fallout of such attacks would be increased tension and even armed clashes on the Pakistan-India border, and since it appears to be a priority of US foreign policy to reduce such tension, this would suggest that Headley was being handled by a rogue element in US intelligence.

3) The third possibility is that he remained loyal to the US agency, which, in turn, was following US policy. His brief, unknown to the FBI, was to infiltrate the LeT, find out their plans, and report to the US agency so that those plans could be foiled. In order to infiltrate the LeT, he had to win their trust by participating in their activities, including preparations for their Bombay attacks, and while he was doing so, the FBI got on his trail. He did, in fact, pass on intelligence of the planned 26/11 attacks to his US handlers, who, in turn, passed it on to Indian intelligence.

All these are plausible scenarios, but what more or less rules out 1) and 2) is that, as Mushrif reminds us, US intelligence did alert the Research and Analysis Wing (RAW) on 18 November 2008 that an LeT ship was trying to infiltrate Indian waters with hostile intent and provided its coordinates, after having earlier warned of an attack from the sea on coastal hotels (pp.182-87). Headley was the likely source of this intelligence. If he was an LeT agent, why would he pass it on to the US agency? And if the latter wanted the attack to succeed, why would they pass on the intelligence to RAW? So 3) seems the most likely explanation.3

If it is doubted that a US intelligence agency could conduct operations without the knowledge of the FBI, we have an example closer to home which illustrates precisely such a possibility. On 6 December 2008, Tausif Rehman and Mukhtar Ahmed were arrested by the Kolkata police for supplying three SIM cards for the cellphones of the Mumbai attackers. Initially seen as a breakthrough in the investigation, the arrests soon became an embarrassment when it was discovered that Ahmed was an Indian intelligence operative who had infiltrated the LeT. Clearly, this was a case of Indian intelligence acting without the knowledge of the Indian police. These SIM card numbers (among others) were passed on to the Intelligence Bureau (IB) on 21 November with strict instructions to monitor them, and they were, in fact, used by the terrorists to keep in touch with their handlers in Pakistan (Mushrif, p.185).

According to news reports, it appears that on 19 November, RAW passed on the US intelligence to the IB, which on 20 November passed it on to the Coast Guard and the Principal Director of Naval Intelligence. However the Coast Guard was unable to locate the ship (possibly because it was still in Pakistani waters) and asked the IB Joint Director for more information. He promised to revert, but never did. Nor, according to Mushrif, was the Mumbai police, Maharashtra government, or Western Naval Command alerted to the looming threat. This proved all the more disastrous because the Mumbai police had suspended its normal coastal patrols near Badhwar Park (where the terrorists landed) forty days before the attack, despite warnings of an attack from the sea (Mushrif, p.182-87).

If the Western Naval Command had joined the search, if the Mumbai police had stepped up instead of suspending its coastal patrols, and if the SIM cards had been monitored to find out the precise location of the terrorists, they would surely have been intercepted, either on the high seas or when they came in to land. This looks like something much more sinister than an intelligence failure; namely, complicity by elements in Indian state institutions in waging war against India.

The fact that the terrorists were not apprehended before they could carry out their deadly attacks would have put Headley in a very difficult position. If he had been a fictional hero like Samir Horn in the Hollywood thriller Traitor – who, like Headley, uses his mother’s surname and participates in US undercover operations without the knowledge of the FBI – Headley would have taken on the Pakistani handlers, emerged victorious, and aborted the mission. But in real life, given that it was more likely he would have been killed and the attack would have occurred anyway, he presumably decided not to risk it. If this is what happened, is Headley responsible for the attacks? Yes and no. Yes, because he staked out the targets and provided information to the LeT in his capacity as a US spy. No, because he provided precise, actionable intelligence that could have been used to prevent the attacks. This is surely what accounts for the lenient treatment he has received at the hands of the US authorities.

Why would prior intelligence of the attacks be blocked?

But why would Indians block intelligence that could have prevented the terrorist attacks of 26-29 November 2008? Mushrif’s explanation is that the IB has been infiltrated by Hindu extremists who in the last few years have changed their strategy from fermenting communal pogroms to carrying out terrorist attacks and blaming them on Muslims. Hemant Karkare, in his capacity as Anti-Terrorist Squad (ATS) Chief, had begun to uncover this network, and had to be stopped at all costs; the terror attacks on the Taj and Oberoi Trident hotels and Nariman House provided a perfect cover for a parallel operation which was aimed at eliminating Karkare.4

Savarkar’s directive in 1942, asking Hindu nationalist cadre to infiltrate organs of the state, supports Mushrif’s allegation of Hindu extremists infiltrating the IB, which is also borne out by Open Secrets, the memoirs of former IB chief M.K. Dhar. According to K.P.S. Gill, Dhar ‘starts out in life as a self-confessed hater of Muslims, never loses his sneaking sympathy for the “Sangh parivar”, and makes no secret of his sympathy for, and sustained association with, some of its prominent leaders.’5 Indeed, Mushif may be understating the case by leaving out other organs of the state that are similarly infiltrated. Communal bias within the police force is demonstrated in every pogrom, and Karkare’s investigations provided evidence that the rot had spread even into the armed forces.

Evidence that Muslims have been framed in real or imaginary terrorist plots is plentiful too. In a few cases in which they were killed, relatives have brought charges against the police: for example, Sohrabuddin Sheikh and his wife, Ishrat Jahan and three others, and Khwaja Yunus, accused of involvement in the Ghatkopar blasts of 2002.6 In most cases, their lives and reputations are ruined by their being held in jail for years and tortured on terrorist charges without any evidence against them. Thus the police response to the Hyderabad blasts of May and August 2007 was to round up Muslim youths indiscriminately and torture them to obtain confessions. Twenty-one victims of torture who were later released without charge were given a small compensation, but no action was taken against the police who had incarcerated and tortured them.7

This consistent pattern of framing Muslims even for attacks in which the overwhelming majority of victims were Muslims, as in the case of the Samjhauta Express train blasts in 2007, could not have been sustained without the participation of the IB and police. Investigations into the Nanded blasts in 2006 revealed that bombs made by the RSS and Bajrang Dal had earlier been set off at mosques in Parbhani (2003), Jalna (2004), and Purna (2004), and were about to be used in another terrorist attack in Aurangabad when they went off prematurely. But half-hearted prosecutions allowed members of the network to get away.

Ironically, local protests at the way the case was being mishandled led to its being transferred to the Central Bureau of Investigation (CBI), which further diluted the charges (Mushrif 153-67)! Initial investigations by the local police pointed to Hindutva groups as the perpetrators of the blasts at a Muslim festival in Malegaon in 2006 that killed over 30 and injured hundreds, yet again the police, the Maharashtra ATS (then headed by K.P.Raghuvanshi) who took over from the police, and the CBI who took over from the ATS charged Muslims against whom there was no evidence whatsoever.8 It appeared that Hindutva terror groups could commit mass murder with impunity.9

It is against this dismal background that the first bona fide investigation into a terrorist attack, carried out by Karkare in 2008 after the second round of Malegaon blasts, stands out in such sharp relief, because it followed the clues in a logical manner, did not accuse innocent Muslims of crimes they had not committed, and did not cover up the role of Hindutva terrorist networks. What was particularly sensational about these findings was that they revealed how wide and deep the network had become, and unearthed evidence that earlier bomb blasts (for example, the Ajmer Sharif and Mecca Masjid blasts in 2007) for which Muslims had been blamed, arrested, jailed and tortured, sometimes for many years, were actually the handiwork of Hindu extremists. Abhinav Bharat, headquartered in Pune, appeared to be the centre of these operations. Mushrif’s book sifts through evidence suggesting that these and many more terrorist attacks were planned and executed by Hindutva terror networks.

Karkare’s revelations were confirmed recently, when the Rajasthan ATS arrested two Hindutva activists linked with Abhinav Bharat and suspected of involvement in the Ajmer Sharif, Mecca Masjid and Malegaon blasts.10 And Mushrif’s allegation that Karkare had been killed by the same network in order to preempt their own exposure gains credibility from the murder of advocate Shahid Azmi on 11 February 2010. Like Karkare, but in his capacity as a lawyer rather than detective, Azmi had time and again exposed police investigators who framed Muslims in terror attacks alleging that they were members of the Students Islamic Movement of India (SIMI), Indian Mujahideen, and other real or fictitious Islamic terrorist organisations.11 His defence of Fahim Ansari, one of the accused in the 26/11 case, is a good illustration of his methods as well as those of the police and prosecutors.

Public prosecutor Ujjwal Nikam’s story was that Ansari had made maps of the city and handed them over to co-accused Shaikh in Nepal; Shaikh, in turn, allegedly handed them over to Zaki-ur-Rehman Lakhvi in Pakistan, and one of them was supposedly found in the pocket of Abu Ismail after he was killed. Azmi’s cross-examination of Nooruddin, who claimed he had seen Ansari hand over the maps to Shaikh in Nepal, revealed there was no evidence that Nooruddin had ever been to Nepal; and showing the court the blood-soaked clothes of Ismail, Azmi asked, ‘How could the police recover the map spotless and uncreased?’ These arguments clearly carried weight with Justice Tahaliyani, as did the unanswered question why they would have relied on hand-made maps when better ones were available on the internet!12 But to those involved in framing Ansari, Shaikh and hundreds of other innocent Muslims, Azmi was clearly a thorn in flesh who, like Karkare, had to be eliminated.

Evidence of Two Distinct Operations, One Aimed at Killing Karkare

Mushrif lists several reasons why the operation at CST (VT) station-Cama Hospital-Badruddin Tayabji Lane could not have been part of the same operation as the Colaba attacks at Café Leopold-Taj-Oberoi/Trident-Nariman House.

(1) 284 Voice Over Internet Protocol (VOIP) messages were received by the gunmen in Colaba from their handlers in Pakistan, but not a single one by the gunmen of the former operation, who, on the other hand, dropped mobile phones with SIM cards registered in Satara.

(2) The gunmen in Colaba were instructed by their handlers to spare Muslims, whereas 40 per cent of the victims killed by the gunmen in CST station were Muslims, most of whom were identifiable as Muslims by their dress.

(3) The gunmen in Cama Hospital spoke fluent Marathi – a fact reported in various newspapers and confirmed by a senior IAS officer – and spared an employee when he told them he was a Hindu (p. 190-95).

To these, one might add a few more observations: The targets of the Colaba operation were high-profile ones frequented by the Indian elite and foreigners, whereas VT station would have been frequented by middle to lower-class people, and Cama Hospital by the poor. The timing is different too: the Colaba operation went on for three days, while the other one ended as soon as Karkare was dead; the gunmen could have ensconced themselves either in the station or in the hospital and fought to the death like the others, but instead they went scuttling around from place to place: a completely different modus operandi.

The mystery that continues to surround the circumstances in which Karkare and his colleagues were killed, and what looks like a deliberate cover-up by the police, strengthens the impression of an assassination. First, there is the riddle of the missing CCTV footage of the carnage at VT station. Immediately after the attack, the media reported that the entire episode had been captured on the sixteen CCTV cameras in the mainline station (Mushrif, p.210-211), but some time later, it was reported that they had all been malfunctioning. All? One or two, perhaps, but are we seriously being asked to believe that not a single one was working on that particular night, whereas all the cameras in the surburban section were functioning?

It seems highly probable that this is a case of tampering with the evidence, which could only have been done by agencies which had access to the tapes. (K.P.Raghuvanshi was chief of railway police at the time, and would certainly know who did it.) Why would the police tamper with this critical evidence? In the first place it would have established that there were not two but four terrorists, as eyewitnesses and all the newspapers reported the following day; and secondly, it might well have cast doubt on the allegation that Kasab was one of them.

Then there is the scandal of Karkare’s missing bullet-proof jacket. In response to a Right to Information (RTI) application by his widow, Kavita Karkare, and a complaint filed by a social activist, it became clear that the jacket had gone missing. At first the police alleged that a sweeper at JJ Hospital, where the post-mortem was conducted, had thrown it away, but Ms Karkare angrily dismissed this story as a fabrication, and the sweeper himself later denied it. One explanation for its disappearance was that this was an attempt to cover up the fact that it was part of a defective batch, but in that case, why didn’t all the other jackets in the batch disappear too?13 The police officers taking Kakare’s body to the hospital would certainly have been aware that ‘Under the norms stipulated by the criminal procedure code (CrPC), the police taking an injured or dead person to the hospital have to draw a panchnama in presence of the hospital staff, listing all the items found on the body of the victim. Not only this, these items are then to be sealed and referred to the forensic science laboratory, if needed, or kept in safe custody till the trial in the case is over.’14 If, in contravention of normal procedure, the bullet-proof jacket of such a senior police officer was destroyed, this clearly amounts to tampering with the evidence.

In response to allegations that the jacket had been removed to destroy evidence of police corruption in the buying of bullet-proof jackets, Karkare’s post-mortem report, which had initially been denied even to his widow, was released to the press. It showed that there were five bullet entry wounds on top of his right shoulder-blade, between his neck and shoulder, and three exit wounds in his right chest and right shoulder, while two bullets remained in his body.15 This casts serious doubt on the official version of Karkare’s death, according to which terrorists in the lane ambushed the vehicle in which he was travelling along with other police personnel. In the absence of a convincing analysis showing how they could have shot him on the top of the shoulder-blade with the bullets going downwards, and identification of the bullets and gun with which he was shot, there is considerable room for doubt about what actually happened. If he was indeed killed in the vehicle, the autopsy report appears to be more consistent with his being shot by the police personnel inside it. Furthermore, it does not look as if the wounds would have been fatal if he had received immediate medical attention. Finally, the trajectory of the three bullets that exited his body suggests that one of them might have lodged in the inside of his bullet-proof jacket; if it came from a police weapon, that could have been the reason why the jacket was tampered with.

Curiously, the verdict says that all the bullets passed through Karkare’s body.16 So what happened to the two bullets that were found in his body at the autopsy? What happened to the bullets that passed through him? Were they found in the vehicle, in his bullet-proof jacket, or elsewhere? Why has the gun from which they came not been identified?

All this makes clarification of the events of the 26/27 November night in Badruddin Tyabji Marg (locally known as Rangbhavan Lane), where Karkare, Kamte, Salaskar and other police personnel were supposedly killed, all the more important. The best account we have is by Vinita Kamte, herself a lawyer, who interviewed eyewitnesses and used the RTI Act to extract information from an obstructive police force.

It appears that Commissioner of Police, Hasan Gafoor, decided to lead the operations at Trident Hotel, leaving the Control Room in charge of Joint Commissioner of Police (Crime Branch) Rakesh Maria. Ms Kamte knew from a telephone conversation with her husband that Gafoor had summoned him to the Trident: how, then, did he end up at Cama? Maria told her that he did not know, yet when she got access to police call logs, they revealed that he, himself, had directed Ashok Kamte to Cama. Karkare too was at the back of Cama, inside which firing and grenade blasts were taking place. At 23.24 on the 26th he called the Control Room saying he was there and requesting that a police team be sent to the front of Cama Hospital to encircle it. He reiterated his request to the Control Room for reinforcements at 23.28 so as to encircle Cama. There were three police posts two to five minutes away, yet no reinforcements were sent.

Instead of reinforcements, two young people with backpacks arrived at the corner of St Xaviers College, at the end of the lane. At around 23.45 they gunned down Inspector Durgude when he tried to warn them there was firing at Cama, then fired at the car driven by Maruti Phad. Phad’s family, who were watching from their apartment above the lane, as well as other residents and two constables from Azad Maidan Police Station, all called the Control Room for help, but still none arrived. According to eyewitnesses, the terrorists were wandering around the lane for over fifteen minutes. Around midnight, officers Karkare, Kamte and Salaskar got into a vehicle and proceeded towards the CID Special Branch office, which is on the way to the lane’s exit beside St Xaviers. Karkare had told the constables and officers at the rear gate of Cama that he was proceeding to the front gate in order to help rescue the police personnel injured and trapped inside the hospital, where firing was still going on. Despite all the desperate calls to the Control Room from residents and police, Karkare was not informed that there were terrorists ahead of them in the lane.

At around 00.03-00.04 on the 27th, the police vehicle was ambushed in the lane, and residents reported an exchange of fire between a man in police uniform who got out of it (presumably Kamte) and the terrorists, in the course of which one of the terrorists was shot in the hand and dropped his gun. Another police vehicle with flashing beacon went past the ambushed vehicle while the terrorists were still in the lane, but neither stopped to help the injured men and confront the terrorists, nor informed anyone that help was needed. Not until 00.47 were the three officers picked up and taken to hospital, by which time it was too late to save their lives. At 00.56, Gafoor called Maria in the Control Room to enquire about Karkare’s and Kamte’s safety, and Maria feigned ignorance of their whereabouts despite the fact that call logs show Karkare had called the Control Room at 11.24, 11.27, 11.28 and 11.58 giving their location at the back of Cama, and others had called the Control Room at 00.25, 00.33 and 00.40 saying that they were injured in the lane, and finally at 00.49 saying that they were being taken to hospital. Vinita Kamte keeps asking ‘Why?’ and she is surely entitled to know (Kamte and Deshmukh 2009, p. 36-61).

The Ram Pradhan Committee failed to uncover any of this information, and refused to allow Vinita Kamte to depose before them (Kamte and Deshmukh, p.68). Instead, as former police officer, Y.P.Singh, puts it, their report ‘chastises the whistle-blower and exonerates the culprits’. Gafoor, who had charged police officers for failing to go to Cama when they had been instructed to do so, was criticised by the report for leading the action at Trident instead of stationing himself in the Control Room, and was removed from his post, despite the fact that it was entirely within his discretion to do this.17 No one else was criticised. In other words, the Ram Pradhan Committee report scapegoated Gafoor and whitewashed the rest of the police force.

Vinita Kamte’s account makes it clear that terrorists attacked the police officers in Rangbhavan Lane while firing was still going on in Cama, that reinforcements were not sent despite repeated requests, and that help was not sent to the injured officers until they were almost sure to be dead. It is commonly assumed that the terrorist whose hand received a gunshot wound was Kasab, but that is impossible since Kasab had no bullet injuries when examined in Nair Hospital.18 However, the CNN-IBN report from Metro Junction shortly afterwards, where a man who looks like Karkare and is identified as such by the reporter is being carried into a car unconscious, shows a youth with a bleeding hand: could he have been the one in the lane? In fact, the Metro incident has never been explained satisfactorily, nor have the people in the clip been identified; this remains to be done.

The Kasab Trial

On 3 May 2010, the trial of Ajmal Kasab, Fahim Ansari and Sabauddin Shaikh in Bombay ended with an acquittal for Ansari and Sabauddin and a guilty verdict on over 80 counts for Kasab, who was sentenced to death on May 6th. His so-called flip-flops, sometimes confessing to most of the crimes with which he had been accused and at others pleading his innocence, alleging he had been framed and that the confessions were extracted from him by coercion, make it particularly important to review the evidence against him. From his experience as a police officer, Mushrif points out that DNA samples and fingerprints supposedly recovered from the fishing vessel Kuber that had been out at sea for many hours could hardly be credible evidence, since it could so easily be tampered with.

The only witness who saw the terrorists disembark from the rubber dinghy at Badhwar Park and actually spoke to them, Anita Uddaiya, said there were six people not ten, and Kasab was not one of them. Despite her proving her reliability as a witness by identifying all six in the morgue, she was not only dropped as a witness, but charged with ‘misleading the investigators’ as a punishment for refusing to change her story under pressure (Mushrif, p.202-206). This leads to the suspicion that other witnesses too were coerced into corroborating the official story, and dropped if they refused. How else can one explain why Cama employee Tikhe had to drink ten glasses of water before identifying Kasab as the terrorist who spoke to him?19 Or why the other Cama employee, who was questioned in Marathi by a terrorist pointing a gun to his head and saved himself by replying in Marathi (Mushrif, p.192-93), was not called as a witness?

In the absence of CCTV footage that could prove Kasab’s presence in VT station, the two photographs snapped by Sebastian D’Souza (photo editor with Mumbai Mirror) became, as a comprehensive report of the verdict put it, ‘the most irrefutable evidence against Ajmal Qasab in the 26/11 trial.’19 Kasab denies that he is the person in the photograph, and if we look at another photo of the same person, which is easier to compare with images of Kasab because it is taken from the front,20 there is indeed room for doubt that it is Kasab. It is also notable that both gunmen snapped in VT had saffron wristbands worn by Hindus; it surely would not have been necessary for Muslim jihadis to wear these as a disguise! So this evidence does not seem irrefutable after all, unless analysis of the photographs by an expert identifies the person in them definitively as Kasab, something that Kasab’s lawyers did not ask for.

However, we cannot really blame Kasab’s lawyers for failing him. As his earlier lawyer, Abbas Kazmi, complained bitterly, “I was not allowed to talk to him alone. He would be in the courtroom, in the box, and I would go up to him and speak to him in the presence of the security guards who could hear everything. Even the media could hear half of what he was telling me… In such a situation, where the normal interaction between the lawyer and his client was not confidential, how could he talk about anything freely? On one occasion he told me, ‘yeh jail bhi unka hai, yeh judge bhi unka, yeh prosecutor bhi unka hai, aur mera vakil bhi unka hai [This jail is theirs, this judge is also theirs, this prosecutor is also theirs, and even my lawyer is theirs]‘. He obviously had misgivings”. After Kazmi was dismissed by the court and replaced by Pawar, the trial proceeded at breakneck speed (383 witnesses in 15-20 days), and the final defence was summed up in just one-and-a-half days.19

Apart from eyewitness accounts and the photographs, the main evidence against Kasab comes from his own confession, which he later retracted, saying it was extracted from him under duress. One can only say that if the part of his confession implicating Ansari and Shaikh was a police fabrication, the rest of it could have been a police fabrication too; and if the police and prosecution could have planted maps to incriminate Ansari and Shaikh, they would have been equally capable of planting a gun to incriminate Kasab.

Finally, Mushrif questions the whole story of the capture of Kasab at Girgaum Chowpatty, and surely it would have been psychologically impossible (not to mention a dereliction of duty) for Sub-Inspector Ombale’s police colleagues to allow a gunman to pump bullets into him without attempting to save him by shooting the gunman dead! And that, indeed, is what appears to have happened. According to newspaper reports the next day, as well as an audio tape of wireless communications between the Mumbai Police Control Room and the Commissioner of Police, both gunmen were killed at Chowpatty. Could one of them have been Kasab, who was pronounced by doctors at Nair hospital to have no bullet injuries and only minor abrasions and bruises?18 Is it credible that the police could have been so stupid as to report a terrorist dead when he was practically uninjured?

Under these circumstances, is it safe to conclude that Kasab is guilty of the eighty-odd charges beyond all reasonable doubt? Not really. Anita Uddaiya’s testimony suggests there is no evidence he landed at Badhwar Park or had any connection with the Colaba operation. Since the crucial CCTV footage is missing, there are only photographs, which have not been analysed sufficiently, to connect him with the carnage in VT. Even the verdict admits there is no evidence he killed police officers Karkare, Kamte and Salaskar.16 It is unlikely Kasab was one of the Marathi-speaking gunmen in Cama, and even more unlikely he was one of the gunmen who was killed at Girgaum Chowpatty.

Given the seriousness of the charges and the fact that they carry the death sentence, a miscarriage of justice in this case would not only result in the execution of an innocent man, but would also discredit the Indian legal system. Worse still, if it results in the illusion that those who were responsible for the carnage in VT and the murder of police officers Karkare, Kamte and Salaskar have been punished, whereas the real culprits are free to wreak more havoc, it would directly undermine the safety and security of the public. It would therefore be desirable for Kasab’s guilty verdict to be appealed. The trial in a higher court should answer all the questions raised above about tampering with evidence and witnesses, as well as explain the extraordinary sequence of events at Cama Hospital, Rangbhavan Lane and Metro Junction. And Kasab should be able to communicate with his lawyer without being overheard by his captors, thus facing a threat to his person should he contradict their story.

Mr Chidambaram, the Home Minister, is quite right when he says that extra anti-terrorist legislation is not needed for dealing with terrorists (The Hindu, 2010). What is needed, however, are honest and intelligent detectives like Hemant Karkare. Given the suspicion of IB and Maharashtra police involvement and/or complicity in the 26/11 attacks, it would be desirable that investigations into them be conducted by a completely different team of detectives, perhaps from the National Investigation Agency, who are of the calibre of Hemant Karkare.

Since the US has agreed to allow Indian investigators to question David Headley, he would obviously be the best person to cast light on the Colaba attacks, and there should be pressure on the government of Pakistan to provide access to the Pakistani conspirators whom he names as well. But there should also be investigations into who in India was responsible for blocking the intelligence and preventing the attackers from being intercepted. Investigations into what exactly happened in VT station, Cama Hospital, Badruddin Tyabji Road and Metro Junction should be able to clarify what happened to the CCTV footage from the mainline station, Karkare’s bullet-proof jacket, and the two bullets from his body.

All other evidence, including the photographs taken at the station, TV footage of the incident at Metro, post-mortem reports, police wireless logs, the cellphones dropped by the terrorists at VT, and the vehicle in which the police officers were supposedly killed should also be seized and analysed. The same team should investigate the murder of Shahid Azmi, who was defence lawyer for one of the accused, and the other terror attacks in various parts of the country which were being investigated by Karkare prior to his death.

If extremists are allowed to infiltrate India’s state institutions unchecked, its constitution and secular character would eventually be destroyed. Hemant Karkare and Shahid Azmi lost their lives while trying to save India from this dire fate. We must ensure that they did not die in vain.

1. Mushrif, S.M., 2009, Pharos Media and Publishing, New Delhi. [↩]
2. Kamte, Vinita and Deshmukh, Vinita, 2009, Ameya Prakashan, Pune. [↩]
3. Miller, Jonathan, 2010, ‘Exclusive: Mumbai terror suspect warned of attacks,’ Channel 4 News, January. [↩]
4. See Hansa, Raveena, 2009a, ‘The Curious Tale of Mumbai Terror,’ Tehelka; Hansa, Raveena, 2009b, ‘India’s Terror Dossier: Further Evidence of a Conspiracy.’ [↩]
5. Gill, K.P.S., 2005, ‘I Confess, Said the Sleuth,’ Outlook, 7 March. [↩]
6. Janwalkar, Mayura, 2008, ‘CID Files Chargesheet in Khwaja Yunus Case,’ 16 November. [↩]
7. IBNLive, 2008, ‘Muslim men wrongly held: govt. Clerics slam terror,’ 9 November. [↩]
8. Khan, Mustafa, 2010, ‘Malegaon People’s Appeal to the Government,’ 24 March. [↩]
9. Gatade, Subhash, 2008, ‘Terrorism’s New Signature,’ Mainstream, 26 January. [↩]
10. Insurance News, 2010, ‘Rajasthan ATS nabs second suspect in Ajmer blast case,’ 3 May; Nair, Smita, 2010, ‘Malegaon, Ajmer, Hyderabad blasts… Joining the dots,’ Express India, 10 May. [↩]
11. Sahi, Ajit, 2010, ‘A Grain in My Empty Bowl,’ Tehelka, 27 February. [↩]
12. Holla, Anand, 2010, ‘Shahid Azmi’s parting gift to his 26/11 client,’ Mumbai Mirror, 1 April. [↩]
13. SahilOnline, 2009, ‘Hemant Karkare’s bulletproof vest missing,’ 13 November. [↩]
14. Parmar, Baljeet, 2009, ‘Karkare’s case: Cops goofed up in drawing panchnama,’ DNA, 25 December. [↩]
15. Menon, Vinod Kumar, 2009, ‘Could vest have saved Karkare?’ MidDay, 27 December. [↩]
16. Plumber, Mustafa and Sukanya Shetty, 2010, ‘Court: Kasab killed Omble not Kamte; unsure about Karkare, Salaskar,’ Indian Express, 4 May. [↩] [↩]
17. Singh, Y.P., 2009, ‘Flawed!’ The Week. [↩]
18. Hemmady, Jaidev, 2008, ‘No bullet hit Kasab, no active treatment on, says hospital’s dean,’ Indian Express, 2 December. [↩] [↩]
19. Baghel, Meenal, 2010, ‘The Verdict,’ Mumbai Mirror, 4 May. [↩] [↩] [↩]
20. TopNews.in, 2010, ‘Mohammad Ajmal Kasab to receive death penalty!’ 5 March. [↩]

Source:http://dissidentvoice.org/2010/05/from-murder-mystery-to-spy-thriller-the-continuing-saga-of-the-mumbai-terrorist-attacks/