While listening to Mr. Altaf Hussain s speech and being declared Muhammad Ali Jinnah aka Quaid e Azam as the holder of the British passport and thus a justification for holding the dual nationality to the leaders of today. This indeed crafted justification reminds me of the Islamic jurisprudence principle of Analogy or Qiyas. Qiyas aims at drawing injunction from the previous known incidence and applying it on the new problem. Drawing on the same motivation , Altaf Hussain has deduced that since Quaid e Azam was the holder of the British Passport since circumstances demanded so, therefore today the same injunction is applicable to him and like wise politicians. Not withstanding his motive, an important point of analogy is to have the same “cause of action” for the old and new problem. However , the cause of action remains different in the situation in 1947 and 2012.
Muhammad Ali Jinnah carved a country under the jaws of the ever unwilling British and the shrewd Hindu. Mr. Jinnah knew it was a battle of survival for the Muslims , therefore he accepted the controversial Redcliff line and crafted a country under the commonwealth of British. This infant country neither had a constitution nor a trained force or office of any kind. Creating a Pakistani Passport must have not been the top priority of the father of the nation. Had he knew that he was to be post mortumed for his passport by self exiled leaders , he would have abandoned it for sure. Since Jinnah could have been wrong but he was always a law abiding citizen. If the country s constitution had Article 62 and 63 at the time of partition, he would have been the first to obey. I find a lot of people also making statements on the British Indian officers who helped develop the armed forces of the infant Pakistan. Rest assured the Lust of ruling was never inculcated into the armed forces by these officers. They stood by and help the armed forces to grow and develop their own leaders and were never the ones to stage Coup. If Ranjit Singh ,the known Punjab s nationalist leader could have his armies headed by Foreign generals like Allurd and Ventura then why couldn’t the Nationalist Jinnah have Gen Messervy as his Army Chief. However , this does not justify that in 2012 , we go and acquire services of a British national as our Army Chief. The simple reason is that , we have come a long way since 1947, we are now a country in its youth which has developed its constitution through a long troubled period of deliberations and we are now not the British india but Islamic republic of Pakistan. Therefore , while correcting the facts of history, the current facts must not be distorted.