KASHMIR:

AN
EMERGING
ISSUE
WAR AND STATECRAFT POLICY INITIATIVES
KASHMIR HAS BEEN REFERRED TO AS THE
MOST DANGEROUS PLACE ON EARTH
 INDIAN OCCUPIED
KASHMIR
Estimated Area : 222,236 km² *

Kashmir Valley Demographics:

Muslims
Hindus
Sikh
Budhists and
Other

* Wikipedia//JK.gov.in
 ARTICLE 370 & 35-A
• Basis of Jammu and Kashmir's accession to the
Indian union.
• Exempted Jammu and Kashmir state from
the Indian constitution.
•  Allowed Indian occupied region to make its own
law with separate flag and constitution, and barred
other states men the right to Kashmiri property and
citizenship.

Sub-section of Article 370

• Article permits the local legislature in Indian-
administered Kashmir to define permanent
residents of the region.
• Forbids outsiders from permanently settling, buying
land, holding local government jobs or winning
education scholarships in the region.
• Barred female residents and their children, of J&K
the right to property in case they marry someone
outside the state.

Source:https://www.aljazeera.com/news/2019/08/kashmir-special-status-explained-articles-370-35a-190805054643431.html
ABOLISHMENT OF ARTICLE
370 & 35-A AND ITS
IMPLICATIONS.
• Non Kashmiri Hindus would be
eligible for citizenship leading to
disruption of Muslim majority
Change of demography.
demography • The economic activities of
Muslim population will get
regulated according to Hindu
ideologies.

• The right to self determination

Special on autonomy and laws of
status and Kashmiris is revoked.
autonomy • Indian parliament would now be
revoked in charge of deciding fate of
Kashmiri people.

• Hindu Supremacist goons such

as RSS would now have free
Exposure to hand in racial oppression such
as mob lynching
Hindu • Muslim can be subject to
supremacist communal riots and destruction
groups of property as evident in other
states of India.
Ban on Azan of loud speakers.
INDIAN INHUMANE COURSE OF ACTIONS
WHEN ABOLISHING ARTICLE 370 AND 35-A

Impeding
Heavy Mass
curfew and
Militarization abductions of
communicatio
of region. Youngsters.
n outage.
 HEAVY MILITARY
DEPLOYMENT IN
THE NAME OF SO
CALLED
“TERRORISM,”
• The freedom movement of Kashmir was started in 1931and gained momentum since 1989 for seld
determination . 500000 people have sacrificed their lives, thousands have become homeless and
suffered heavy losses of their property.
• This legal and natural right is admitted in the charter of UN. Especially the resolution no, 1514(15) of
1960, which is regarded as the “Declaration on Granting Independence to Colonial Countries and
People. Not only a country but the people of a specific region are also given the right of struggle against
colonial or occupying forces
• In the Penguin Dictionary of International Relations this concept is expressed in these words, “No
agreement could be prepared on the issue of terrorism to prevent it. The basic reason is that there
are some problems to define it according to the political priorities. A man is a terrorist for someone
and freedom fighter for the other. That’s why international law is unable to explain it. (Graham
Evans, Richard Ninham. Page-177)  
• In order to squash any possible militant and/or non militant resistance from Kashmiris to illegal
scrapping of Kashmir’s autonomy, Indian occupying forces increased their deployment, making Kashmir
world’s most heavily militarized region.
• Army happens to be deployed on every waterway, village, farm making life and economic situation
deplorable for Kashmiris to live in,with constant fear of any oppression to even mass Ethnic cleansing
from this huge deployment.
 DIFFERENCE BETWEEN FREEDOM MOVEMENT
AND TERRORISM

• Resolution no, 2625(25) of General Assembly of 1970, with the title of “Declaration on Principles of
International Concerning Friendly Relations and Cooperation among States. These resolutions are an
admitted part of the international law. Similarly, in “International Covenant on Civil and Political Rights”
and “International Covenant on Economic, people have the right of self-determination.
• If occupying force use power against them during this struggle, then the authority changes into
belligerent occupation. In this situation, civil disobedience and use of legitimate force is a right of
the movement of resistance and it is recognized as a right to self defense in law. From the
American freedom movement under the leadership of Thomas Jefferson (1826-1743) up to Ireland,
Aljazire, Kenya, South Africa, there are more than one hundred countries that are included in this list.
South Sudan, Eastern Timor, Kosovo, Bosnia, Palestine and Kashmir are the recent examples of it
• According to the rules of the political right of self- determination, people have a right to decide without
any pressure. This concept is found in the (American) declaration of independence in 1776 and in the
human rights declaration of France. The UN has tried on different occasions to relate this concept with
the abolition of the colonial period and in this way it could be regarded as legal right and a positive duty
instead of a desire only.”(Page477-478).
• In the light of this debate, we can analyze that the freedom movement of Kashmir has no relation with
terrorism. America has violated the international law openly by declaring Syed Salahuddin as a global
terrorist. There is a logical consequence of this action that America has included Syed Salahuddin in a
caravan of freedom fighters which has 1st American president Jefferson, Nelson Mandela, Jomo
Kenyatta, Mugabe, Abdul Qadir Aljaziree, Sabhash Chandar Boss and Bhagat Singh as its members
 
FROM THE HEART OF A
KASHMIRI
Shaheed Afzal guru in his book “Aina”(Mirror) writes
“This war has now become a war for our survival, it is now of
an existential sort. The brutal occupation is now at every
door step, alley, lane, road, forests, farmland, school.
Each and every step of our lives, we are at the mercy of the
occupying forces. Irresponsibility, and stagnancy will tear
apart our religious existence. We will be responsible for the
destruction of our future generations. Our educational
system which is dominant in our schools is against our moral,
religious and cultural principles. When this generation will
thrive in such an environment, their ideology, way of
thinking, hence everything will be empty of our moral and
cultural values. To protect our future generations from this
inevitable decay, we must move forward through Jihad. To
be alive is not necessary, to have a goal in life is necessary. A
muslim's life is not in his blood, it's in his faith or emaan. When
the fire of emaan gets extinguished, not much remains
between a man and an animal. When there is no smell in a
flower, so what is the flower for then ?”
KASHMIR:A BRIEF
HISTORY
• Kashmir is the land of saints and scholars. It has produced exegetes and Hadith
scholars such as Allama Anwar Kashmiri, poet of the East Dr Iqbal,
Revolutionary leader Mufti Sadruddin and countless others.
• Kashmir was a Muslim state from 1339 till 1818. Muslims ruled Kashmir with
glory, justice and well being of the people.
• Because it was a Muslim state, which was attacked and invaded by INVADORS,
in the light of the above mentioned quotes of Fuqaha, Jihad becomes an
obligation on Kashmiris, and then all those near them especially people of
Pakistan and Afghanistan.

MUHAMMAD ALI JINNAH

STAND UNITED AND I ASSURE YOU NO POWER ON EARTH CAN PREVENT YOU
FROM ATTAINMENT OF AZAD KASHMIR
Message to All Jammu and Kashmir Muslim Conference, New Dehli, 26 October, 1946
"My message and earnest appeal to Muslim leadership in Kashmir is: Organize your
people, educationally, socially, economically and politically and set your hand on
constructive nation building programme.” “Stand united, work selflessly, perseveringly
and in a disciplined manner and I assure you no power on earth can prevent you from
the attainment of Azad Kashmir and the realization of your just and legitimate rights.
Our sympathies are with you in your struggle and I wish your session all success."
JIHAD IN KASHMIR IS FARD-AL-
AYN (1)
• Because Kashmir was a Muslim State, and from
1819 when it came under attack from Sikhs and
under 1846 when it came under Dogras, Kashmir
became “Dar-al-Harb”.
• 3rd June 1947 since British Raj ended, Kashmir
became Independent but since Mahraja Hari Singh
decided to accede with India against the wishes of
Muslims of Kashmir, the Jihad for Kashmir
continues.
• For India’s defence the accession by Hari Singh
was only justified by now abrogated Article-
370,hence Kashmir is once again fully under
occupation by Hindutva and a “dar-al-Harb” for
Jihad to be waged on.
OPINION OF FUQAHA ON
FARZ-AL-AYN JIHAD
HANAFI:
“If intruders attack on the borders of any Muslim area, Jihad
becomes obligatory on every person (Fard e Ayn) on anyone and
everyone who is near the enemy. It becomes a relative obligation
(Fard e Kifaya) on those who are farther away from the enemy if
those who are close (to the enemy) need help. And if the need for
help arises for those near (the enemy), and they are don’t have a
capacity to fight and defend, then for those who are farther away
(from the enemy), Jihad becomes an obligation and Ayn for them
just like Namaz and Fasting, and they will not be permitted to sit
idly and leave Jihad. And if they also don't do (carry out Jihad),
then it is an obligation on those who are near them and vice versa
till Jihad becomes Fard e Ayn for all the Muslims from East to
West.”
(Radd ul Mukhtar, Ibn Aabideen Shaami,Vol 3,pg 238)
OPINION OF FUQAHA ON FARD-
AL-AYN JIHAD
MALIKI:
“And Jihad becomes Fard e Ayn when the
enemy attacks without any warning. It becomes
an obligation on women and even children to
fight in the way of Allah (Qital) even though
their guardians stop & do not permit them from
doing so.”
(Al-Dusaqi ,Vol2,pg174)
OPINION OF FUQAHA ON FARD-
AL-AYN JIHAD
SHAFII
• Imam Ramli Shafii says that “if invaders/occupying
forces move close to any (Muslim) city, and their
remains no distance between us and them, so in that
case Jihad becomes Fard e Ayn on each and every
individual of that city, even on people who under
normal circumstances would have been exempted from
Jihad such as a faqeer, slave, a person in debt, women.
It would be an obligation on all of them.”
((Nahayat ul Muhtaj, Al Ramli, Vol 8, pg 58)
HANBALI:
• “ Jihad becomes Fard e Ayn on three occasions, 1)
When a confrontation takes place between Muslim and
occuping armies, and they come face to face 2) When
offensive army invades any Muslim city, so the defense
of the city becomes an obligation on each and every
dweller of the city 3) When the leader of the Muslims
call upon a group or clan for Jihad, then it becomes a
binding obligation on all of them to fight.” (Al Mughni,
Ibn e Qadama)
WHAT QURAN AND SUNNAH
DEMANDS US
Since abrogation of article 370 & 35, India has contravened on the ceasefire
agreement as mentioned in the UN resolution, and has trampled upon Simla
Accord. In the light of these recent developments, Quran & Sunnah allow
Pakistan to wage Jihad against polytheists who breaks covenants.
QURAN:
• “And if they break their oaths after they have made a covenant, and
speak evil of your Faith, then fight the leaders of offenders,-since their
oaths are nothing,-so that they may desist
• Would you not fight a people who broke their oaths and conspired to
expel the Messenger, and it was they who started (fighting) against you
for the first time? Do you fear them? But Allah has greater right that you
fear Him, if you are believers.
• Fight them, so that Allah should punish them at your hands and disgrace
them, and help you win against them and bring relief to bosoms of the
believing people,
• and remove the rage of their hearts. And Allah relents to whomsoever He
wills. Allah is (All-) Knowing, (All-) Wise.”

(Surah Taubah Verse 12-15, Translation Mufti Taqi Usmani)

WHAT QURAN AND SUNNAH
DEMAND US
• In the light of the above mentioned verses of Surah Tauba, Allah
gives glad tidings to all those who fight polytheists who break their
oaths as in the case of occupation forces.
• Allah promises and guarantees muslims 5 glad tidings
1)Allah would punish polytheists of occupation forces and their military
power at the hands of a comparatively small force of Mujahideen
2)Allah would disgrace the Occupational Forces In front of the world at
the hand of Mujahideen
3)Allah would grant Muslims the open victory and magnanimity over
occupation forces and it's military.
4)Allah would grant relief in the hearts of mujahideen who have felt the
pain of women, children and men who have been tortured, maimed and
killed by the Indian occupation in Kashmir
5)Through the blessings of Jihad, Allah would bless the non Muslim
and polytheist population of India with Islam
JIHAD IN KASHMIR IS
FARD-AL-AYN(2)
• If Pakistan government GOD FORBID does not give a call for
Jihad, and does not put it's resources in this call of duty,
even then this obligation people of Pakistan to assert it on
the goverment.
• There is a categorical Hadith of the Prophet PBUH which
guides us in this situation,
“Abu Huraira rz narrates the Prophet PBUH telling him 'what
will you do if an Ameer comes over you who wastes namaz
(in congregation) or would delay it' so I asked what do you
say to us in this matter, Prophet PBUH replied 'you pray
Namaz at it's (prescribed) time nonetheless' and 'when you
see your ameer praying, then you must join him (in
congregation). That would be regarded as nafl for you”
From this Hadith, it can be inferred that if the Govt delays or
does not officially fight or partakes in this obligation, the
population must undertake this obligation and carry out Jihad.
JIHAD IN KASHMIR IS FARD-AL-AYN (2)

As precedents, i would cite two examples in this vein.

1) ibn e taymiyya:
when the tartars invaded muslim lands, and the
government of the day was unsuccessful in resisting
them, ibn taymiyya prepared an army of his own and
fought the tartars

2) Shah ismail shaheed:

after the martyrdom of tipu sultan, when the english
army was carrying out massacres and along with sikhs
harassing muslims, shah ismail did not wait for the
declining mughal empire to fight and rise against the
british, instead he went to muslims and prepared them
for jihad and fought valiantly
 ‫‪CONCLUSION‬‬

‫اس دور میں سب مٹ جائیں گے ہاں باقی وہ رہ جائے گا”‬

‫“جو اپنی راہ پہ قائم ہے اور پکا اپنی ہٹ کا ہے‬