Jurists From India

"Like many fundamentalists, Sirhindi has no tolerance for philosophers, since he believed that “the human intellect is incapable of understanding properly the nature of God without prophetic assistance.” But this rejection of the philosophers also “leads him to an equally indignant rejection of their [the philosophers] natural sciences. Their geometry, astronomy, logic, and mathematics are useless as far as the hereafter is concerned and fall therefore within the category of ‘inconsequential things’ [mā lā ya‘nī].”"

"Despite being a member of the Naqshbandi order of the Sufis, Sirhindi insists that Sufi experience is inferior to the Sharī‘a, because Sharī‘a “is based on incontrovertible proof, while Sufi experience is a result of fallible speculation only….Any Sufi experience that is rejected by the Sharī‘a is heresy.” Sirhindi denounces all innovations, even so-called good innovations (bid‘a hasanah). He does not approve of certain customs introduced by some Sufi orders, such as music (samā‘), dancing (raqs) singing (naghmah), and ecstatic sessions (wajd, tawājud). Sirhindi also attacked the Shi‘a in a most violent and bitter manner in his Epistle on the Refutation of the Shi‘is, arguing that it was his duty to denounce heretical ideas wherever they appear."

"When the Mughal emperor Akbar manifested general tolerance of all religions, the Muslim religious class, the ‘ulamā’, were not at all amused. As a result, there were a number of Islamic Revivalist Movements, some of which included a belief in the coming of a Messiah, who would sweep away all the corruption and inaugurate an era of piousness, a true, pristine Islam. One of the first to launch such a revival movement was Shaykh Ahmad Sirhindī5 [1564-1624], later known as Mujaddidi Alf-i Thānī (the Renovator of Islam). For Sirhindi, the sunna and Sharī‘a remain the most important components of Islamic culture."

"No one can possibly underestimate the great influence exerted on the life and activities of Aurangzib by the orthodox reform movement in Indian Islam started by Mujaddid Alf-i-SanI Shaikh Ahmad Sirhindi (1563-16241, the aims of which were regeneration and rejuvenation of Islam in strict accord with the shar'iyat and “the establishment of a true Islamic State conforming to Islamic ideas and practices in all its activities. While a prince, Aurangzib came into contact with Khvaja Muhammad M'asum, -son of Mujaddid Ahmad Sirhindi. He held him in high esteem and sought his advice on important matters of Muslim theology. After his accession to the throne also, he maintained his contact with the Khvaja and his son Muhammad Saifuddin as well, and their influence had much to do in bringing him within the fold of the orthodox .school and shaping his puritanic state policy."

"Thus long before British rule and long before modern political notions of Muslim nationhood, the consensus of the Muslim community Tn India had rejected the eclectisim of Akbar and Dara Shukoh for the purified Islamic teachings of Shaikh Ahmad of Sirhindi and Shah Wall-Ullah. Cultural apartheid was the dominant ideal In medieval Muslim India, in default of cultural victory."

"His is perhaps the most distinct contribution of Indian Islam to the religio-mystical thought of Islam in general. But, on the other hand his easy victory, especially the one against the rationalists, gave to Indian Islam the rigid and conservative stamp it bears today. In a way he was the pioneer ot what modern Islam is today in the Indo-Pakistan sub-continent—isolationist, self-confident, conservative, deeply conscious of the need of a reformation but distrustful of innovations, accepting speculation in theory but dreading it in practice, and insular in its contact with other civilizations. This is not surprising because at one time or other the intellectual leaders of modern Muslim India, Sayyid Ahmad Khan, Iqbal and Abu’l Kalam Azad, widely different though their religious and political solutions have been, had come under the influence of Shaykh Ahmad Sirhindi."

"Sirhindi’s harsh stance with regard to the martial jihad and the subjugation of those who refuse to embrace Islam is no less uncompromising than that of his Sufi spiritual predecessors al-Jilani, al-Ghazali, and Ibn ‘Arabi. Like the other Sufi s whose writings we have examined thus far, Sirhindi exemplifi es the Sufi synthesis of the spiritual path with outward doctrinal concerns in that in his writings he addresses esoteric spiritual topics (e.g. the aforementioned prophetic and saintly ways) as well as practical matters concerning the Muslim conduct of state with regard to non-Muslims."

"Although Sirhindi wrote a number of treatises on Sufi themes, he is best known for his letters ( maktubat ) to various Sufi shaykhs and Mughal dignitaries, which have been regarded as a turning point in the development of Indo-Muslim religious thought. Sirhindi’s insistence on strict adherence to the sharia was at least partially responsible for inspiring the Mughal emperor, Awrangzib, to carry out orthodox reforms that reversed the heretical developments of his prede- cessor, Akbar’s rule. ... Sirhindi also wrote a number of letters concern- ing the martial jihad and relations with non-Muslims under Muslim rule. In these letters, Sirhindi consistently advocates a harsh and uncompromis- ing stance toward the Hindus under Mughal rule."

"Sirhindi follows up his utter rejection of the beliefs and practices of Hinduism with an equally outspoken statement of his attitude regarding the position of the Hindus in the Mughul empire. The honour of Islam demands the humiliation of the infidels and their false religion. To achieve this objective, jizyah should be mercilessly levied upon them, and they should be treated like dogs. Cows should be slaughtered to demonstrate the supremacy of Islam. The performance of this rite is, in India, the most important symbol of Islamic domination. One should refrain from dealing with the infidels unless absolutely necessary, and even then treat then with contempt. Islam and infidelity are two irreconcilable opposites. One thrives upon the degradation of the other. Sirhindi's deep-seated hatred of the non-Muslims can be best illustrated by his rejoicing at the execution in 1606 of Arjun, the fifth guru of the Sikhs."

"As Ayesha Jalal points out, he was “a firm believer in the need to use state power to enforce Islam”."

"“It was the sufi saints who initiated the struggle for the establishment of an Islamic state in India. Khwaja Muinuddin Chisti, Khwaja Nizamuddin Aulia and Bakhtiyar Kaki opposed the secularist policies of the kings of the slave dynasty of medieval India. Mujadid al-Thani Ahmed Sirhindi organized a resistance movement against the Mughal Emperor Akbar and his attempts to establish a secular Indian polity. The Mujidid’s disciples and devotees included Akbar’s great-grandson, the dervish Prince Aurangzeb Alamgeer.”"

"A few specimens should suffice to show the quality of this man’s mind. In letter No. 163 he wrote: “The honour of Islam lies in insulting kufr and kafirs. One who respects the kafirs dishonours the Muslims… The real purpose of levying jiziya on them is to humiliate them to such an extent that they may not be able to dress well and to live in grandeur. They should constantly remain terrified and trembling. It is intended to hold them under contempt and to uphold the honour and might of Islam.” In Letter No. 81 he said: “Cow-sacrifice in India is the noblest of Islamic practices. The kafirs may probably agree to pay jiziya but they shall never concede to cow-sacrifice.” After Guru Arjun Deva had been tortured and done to death by Jahangir, he wrote in letter No. 193 that “the execution of the accursed kafir of Gobindwal is an important achievement and is the cause of the great defeat of the Hindus.”"

"Every person cherishes some longing in his heart. The only longing which this recluse (meaning himself) cherishes is that the enemies of Allah and his Prophet should be roughed up. The accursed ones should be humiliated, and their false gods disgraced and defiled. I know that Allah likes and loves no other act more than this. That is why I have been encouraging you again and again to act in this way. Now that you have yourself arrived at that place, and have been appointed to defile and insult that dirty spot and its inhabitants, I feel grateful for this grace (from Allah). There are many who go to this place for pilgrimage. Allah in his kindness has not inflicted this punishment on us. After giving thanks to Allah, you should do your best to ruin that place and their false gods… whether the idols are carved or uncarved. Let us hope that you will not act slow. Physical weakness and severity of the cold weather, comes in my way. Otherwise, I would have presented myself, and helped you in doing the job. I would have liked to participate in the ceremony and mutilate the stones…"

"Therefore, it is necessary that infidelity should be cursed in order to serve the faith (Islam). Cursing unbelief in the heart is the lesser way. The greater way is to curse it in the heart as well as with the body. In short, cursing means to nourish enmity towards enemies of the true faith, whether that enmity is harboured in the heart when there is fear of injury from them (infidels), or it is harboured in the heart as well as served with the body when there is no fear of injury from them. In the opinion of this recluse, there is no greater way to obtain the blessings of Allah than to curse the enemies of the faith (be impatient with them). For Allah himself harbours enmity towards the infidels and infidelity… Once I went to visit a sick man who was close to death. When I meditated on him, I saw that his heart was layered with darknesses. I intended to remove those darknesses. But he was not yet ready for it… When I meditated more deeply, I discovered that those darknesses had gathered due to his friendship with the infidels. They could not be dispersed easily. He had to suffer torments of hell before he could get purged of them…"

"The Shariat prevails under the shadow of the sword (al Shara‘ tahat al-saif) - according to this (saying), the Shariat can triumph only with the help of mighty kings and their good administration. But for some time past this saying has been languishing, which means inevitably that Islam has become weak. The unbelievers (Hindus) of Hindustan are demolishing mosques, and erecting their own places of worship on the same sites. There was a mosque in the tank of Kurukhet (Kurukshetra) at Thanesar, as also the tomb of some (Muslim) saint. These have been demolished, and a huge gurudwara has been constructed on the same sites. Besides, the kafirs are holding many celebrations of kufr… It is a thousand pities that the reigning king is a Mussalman, and we recluses find ourselves helpless. There was a time when Islam stood glorified due to the might and prestige of its kings, and the Ulama and the Sufis were honoured and held in high regard. It was with their help that the kings made the Shariat prevail. I have heard that one day Amir Taimur was passing through the bazar at Bukhara when, by chance, the inmates of Khwaja Naqshbandi’s khanqah were beating the dust out of the mats used in that place. Because Islam was intact in Amir Taimur, he stopped at that spot and regarded the dust of the khanqah as musk and sandal. He met a good end."

"Before that kafir [Guru Arjun Deva] was executed this recluse [meaning himself] had seen in a dream that the reigning king had smashed the skull of idolatry. Indeed, he was a great idolater, and the leader of the idolaters, and the chief of unbelievers. May Allah blast him! The Holy Prophet who is the ruler of religion as well as the world, has cursed the idolaters as follows in some of his prayers – “O Allah, demean their society, create divisions in their ranks, destroy their homes, and get at them like the mighty one.” It is required by religion [Islam] that jihad should be waged against the unbelievers, and that they should be dealt with harshly… It is obligatory on Muslims to acquaint the king of Islam with the evil customs of false religions… Maybe the king has no knowledge of these evil customs… Some Ulama of Islam should come forward, and proclaim the evils present in their (unbelievers’) ways… It will be no excuse on the Day of Judgment that they did not proclaim the tenets of the Shariat because they were not called upon (to do so)…"

"Ram and Kirshan whom Hindus worship are insignificant creatures, and have been begotten by their parents… Ram could not protect his wife whom Ravan took away by force. How can he (Ram) help others?… It is thousands of times shameful that some people should think of Ram and Kirshan as rulers of all the worlds… To think that Ram and Rahman are the same, is extremely foolish. The creator and the creature can never be one… The controller of the Cosmos was never called Ram and Kirshan before the latter were born. What has happened after their birth that they have come to be equated with Allah, and the worship of Ram and Kirshan is described as the worship of Allah? May Allah save us! Our prophets who number one lakh and twenty-four thousand have encouraged the created ones to worship the Creator… The gods of the Hindus (on the other hand) have encouraged the people to worship them (the gods) instead… They are themselves misguided, and are leading others astray… See, how the (two) ways are different!"

"Islam and infidelity (kufr) contradict one another. To establish the one means eradicating the other, the coming together of these contradictories being impossible. Therefore, Allah has commanded his Prophet to wage war (jihad) against the infidels, and be harsh with them. The glory is Islam consists in the humiliation and degradation of infidels and infidelity. He who honours the infidels, insults Islam. Honouring (the infidels) does not mean that they are accorded dignity, and made to sit in high places. It means allowing them to be in our company, to sit with them, and talk to them. They should be kept away like dogs. If there is some worldly purpose or work which depends upon them, and cannot be served without their help, they may be contacted while keeping in mind all the time that they are not worthy of respect. The best course according to Islam is that they should not be contacted even for worldly purposes. Allah has proclaimed in his Holy Word (Quran) that they are his and his Prophet’s enemies. And mixing with these enemies of Allah and his Prophet or showing affection for them, is one of the greatest crimes… …The abolition of jizyah in Hindustan is a result of friendship which (Hindus) have acquired with the rulers of this land… What right have the rulers to stop exacting jizyah? Allah himself has commanded imposition of jizyah for their (infidels’) humiliation and degradation. What is required is their disgrace, and the prestige and power of Muslims. The slaughter of non-Muslims means gain for Islam… To consult them (the kafirs) and then act according to their advice means honouring the enemies (of Islam), which is strictly forbidden… The prayer (=goodwill) of these enemies of Islam is false and fruitless. It should never be called for because it can only add to their numbers. If the infidels pray, they will surely seek the intercession of their idols, which is taking things too far… A wise man has said that unless you become a maniac (diwanah) you cannot attain Islam. The state of this mania means going beyond considerations of profit and loss. Whatever one gains in the service of Islam should suffice…"

"It is said that the Shariat prospers under the shadow of the sword (al-Shara‘ tahat al-saif). And the glory of the holy Shariat depends on the kings of Islam…"

"The execution of the accursed kafir of Gobindwal [Sikh leader] is an important achievement and is the cause of great defeat of the accursed Hindus.' Whatever might have been the motive behind the execution, the dishonour of the kafirs is an act of highest grace for the Muslims. Before the execution of the kafirs I had seen in a vision that the Emperor had destroyed the crown of the head of Shirk. Verily he was the chief of the Mushriks and the leader of the kafirs."

"[To Lala Beg he wrote] Cow-sacrifice in India is the noblest of Islamic practices. The kafirs may probably agree to pay jizva but they shall never concede to cow-sacrifice."

"The real purpose in levying jizya on them (the non-Muslims) is to humiliate then to such an extent that, on account of fear of jizva, they may not be able to dress well and to live in grandeur. They should constantly remain terrified and trembling. It in intended to hold them under contempt and to uphold the honour and might of Islam."

"The honour of Islam lies in insulting kufr and kafirs. One who respects kafirs, dishonours the Muslims. To respect them does not merely mean honouring them and assigning them a seat of honour in any assembly, but it also implies keeping company with them or showing considerations to them. They should be kept at an arm's length like dogs.... If some worldly business cannot be performed without them, in that case only a minimum of contact should be established with them but without taking them into confidence. The highest Islamic sentiment asserts that it is better to forego that worldly business and that no relationship should be established with the kafirs."

"Kufr and Islam are opposed to each other. The progress of one is possible only at the expense of the other and co-existence between these two contradictory faiths is unthinkable."

"Cow-sacrifice in India is the noblest of Islamic practices. The kafirs [Hindus] may probably agree to pay jizya but they shall never concede to cow-sacrifice…. The real purpose in levying jizya on them [Hindus] is to humiliate then to such an extent that, on account of fear of jizya, they may not be able to dress well and to live in grandeur. They should constantly remain terrified and trembling. It intended to hold them under contempt and to uphold the honor and might of Islam."

"It is therefore enjoined upon every Muslim to wage a regular crusade against all innovations."

"Whenever a Jew is killed, it is for the benefit of Islam."

"These days the accursed infidel of Gobindwal was very fortunately killed. It is a cause of great defeat for the reprobate Hindus. With whatever intention and purpose they are killed – the humiliation of infidels is for Muslims, life itself. Before this Kafir (Infidel) was killed, I had seen in a dream that the Emperor of the day had destroyed the crown of the head of Shirk or infidelity. It is true that this infidel [Guru Arjun] was the chief of the infidels and a leader of the Kafirs. The object of levying Jizya (tax on non-Muslims) on them is to humiliate and insult the Kafirs, and Jihad against them and hostility towards them are the necessities of the Mohammedan faith."

"“The original aim of taking the jizya from [unbelievers] is for their degradation and this degradation [ought to be] to the extent that they cannot wear nice clothing for fear of the jizya ... and that they are always fearful and trembling ....”"

"“The honor of Islam is in the degradation of unbelief and the people of unbelief.”"

"Whenever a Jew is killed it is to the benefit of Islam.”"

"“Fighting the unbelievers and treating them harshly is one of the requirements of religion.”"

"The spread of the illustrious Sharia depends according to 'the shar is under the sword' upon the assistance and care of the great Sultans. ... The Indian infidels fearlessly destroy temples and erect temples in their place. In Tanesar, in the pool of Kurkhet, there was a mosque and a tomb of a saint. .They destroyed these and erected a big idol temple in their stead. The infidels publicly observe the customs of infedility..."

"[The observance of certain Hindu customs by Muslim women filled Sirhindi with grief. He observed,] “There would hardly be any women who does not perform one or the other ceremony of Shirk (polytheism) ... Showing respect to the sacred days of Hindus and performing the ceremonies prevalent amongst them are nothing but kufr. For instance, during the Dewali of the kafirs, the ignorant ones amongst Muslims, particularly women, perform the ceremonies of kufr. They celebrate it like their own Jd and send presents to their daughters and sisters like the hafirs and Mushriks ... They attach much importance and weight to this season. All this is Shirk and kufr’."

""A Case I Won – But I Would Prefer To Have Lost”. Criticizing his own win, Nariman said “I don’t see what is so special about the first five judges of the Supreme Court. They are only the first five in seniority of appointment – not necessarily in superiority of wisdom or competence. I see no reason why all the judges in the highest court should not be consulted when a proposal is made for appointment of a high court judge (or an eminent advocate) to be a judge of the Supreme Court. I would suggest that the closed-circuit network of five judges should be disbanded."

"Mummy, please tell daddy to accept; I promise I will not spend too much money, and will cut down on chocolates and sweets because I would like him to be a judge”."

"One very important thing that young lawyers must know is that when one argues a case and later in the evening you ponder over it and say, that’s what I should have said (but you never said it), that’s the only regret. It could have been the winning point or something you wish you had not said, which is even worse. If you get angry at that point in the courtroom, losing your temper can be a disaster. You can’t afford it because your client suffers and nobody likes you for it. It all comes with age and practice."

"I generally keep upto date with recent academic writings in law and literature; and to keep myself upto date I also subscribe to and browse through the New York Review of Books – a bi-weekly feature which gives all the current publications around the world – as well as the London Review of Books."

"In my view, I’m most fascinated by constitutional law. How to work the constitution is far more important than how to write it. It is much easier to write the constitution. I recall when the Foreign Minister of Bangladesh came to visit me, (to draft the Bangladesh Constitution). I was the Additional Solicitor General then. We gave them ideas and drafts were exchanged, but it didn’t last for more than a couple of years. Writing a constitution is simpler; borrowing ideas from everywhere is nothing great. How to work the constitution is a grave challenge and it’s fascinating."

"Law is a matter of the heart, as well as the head. You have to have compassion; it is one of the greatest qualities. Lord Denning and Justice Krishna Iyer have both said that compassion is extraordinarily important in the law, amongst lawyers and particularly amongst Judges. One must be able to assess whether a person has something genuine to say in a case."

"I don’t like the system of Moot-Courts these days, in law schools. My grand-daughter participates in these Moot-Courts, but I don’t like the idea of saying, in A vs. B it was said etc. It makes no difference to what was said. According to Halsbury’s, it was said in Queen vs. Latham that it makes no difference what was said in a given case because by and large all of it depends on the facts of the case, except for constitutional matters."

"For aspiring law students I would like to say in your career, never try to show off. There is a tremendous amount of knowledge to be learnt, there is a tremendous amount of experience to be had in the field of law and no one can say “I’m on top and I know everything”. No, you don’t. The moment you say, you know everything, I’m afraid that’s the beginning of your downfall. It’s a never-ending process of learning and humility is essential because you can never learn the law. At the age of 92 my senior Jamsetjee Kanga used to say “I’m still learning” and he really meant it. If an odd chap walked into his chamber, he would just pick up a case and tell us about it, he was like a wizard. He could spot the most important point in the case, unlike us."

"Don't despair. Governments are the same everywhere - in every country."

"He was optimistic about the future of India "Though never too optimistic about its governments - whether central or state, whether past, present or future."

"Noting that the prosperity witnessed around was "skin deep," Nariman said he was not sure whether because of globalisation or despite globalisation, the rich in India appeared to be getting richer and the poor still remained mired in abject poverty, shut out from education and job opportunities."

"We in this country also need to make sure that the doors of learning are always kept open because India still belongs to the developing world."

"...Don't be disheartened as so many have become - about quotas and reservations in education,""

"Affirmative action in education is what we need -- not quotas," he said, delivering the 49th convocation address at the IIT Madras."

"After being in legal practice for 67 years, I was at first reluctant to write about my professional life because of what C K Daphtary once told me when I pleaded with him to write his own memoirs. “What?” he said angrily, “shall I write one like Setalvad did?” He was referring to the autobiography of a great attorney general Motilal Setalvad — in part self eulogizing. But I was getting on in age and getting forgetful as well, exemplified in that Mathew Arnold quote at the very beginning of the book: “And we forget because we must, and not because we will.” So I compromised. I wrote out the story of my life at the Bar trying to keep the old ego strictly under control. If I have not wholly succeeded, it is only because a man’s ego just cannot be suppressed!"

"As a nominated member of the Rajya Sabha, your most important intervention was in suggesting that before investigating corruption allegations against senior officers, the CBI should get approval from the Central Vigilance Commission (CVC) rather than the government. Didn’t the rejection of your proposal show that all political parties are united in shielding corrupt officers?"