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The Biography of the Last Messenger: Prophet Muhammad

2011-04-05T04:38:00.000-07:00

The Biography of the Last Messenger: Prophet Muhammad

HAZRAT SALMAN FARSI (RADIALLHAHU ANHU)

2011-04-05T04:35:00.000-07:00

HAZRAT SALMAN FARSI
(RADIALLHAHU ANHU)
1-Introduction
2-Salman's inclination to Christianity
3-Salman's inclination to the Arabs and Islam
4-Salman's role in islam
5-Salman as a scholar
6-Conclusion

See also the Biography of the Last Prophet: Prophet Muhammad

Introduction
This is the story of the pious, mystic, Faqhi, intellectual and ascetic, Salman the Persian. He grew up in the town of Isfahan in Persia, in the village of Jayyan. His father was the Dihqan (chief) of the village. He was the richest person there and had the biggest house.His father loved him, more than he loved any other. As time went by, his love for Salman became so strong and overpowering that he feared to lose him or have anything happen to him. So he kept him at home, a virtual prisoner, in the same way that young girls were kept.

Salman became devoted to the Magian religion, so much so that he attained the position of custodian of the fire, which they worshipped. His duty was to see that the flames of the fire remained burning and that it did not go out for a single hour, day or night.

Salman’s father had a vast estate, which yielded an abundant supply of crops. He himself looked after the estate and gathered harvest. One day as he went about his duties as Dihqan of the village, he said to Salman, ‘My son, as you see, I am too busy to go out to the estate now. Go and look after matters there for me today.
On the way to the estate, Salman passed a Christian church and heard voices raised in prayer, which attracted his attention. He did not know anything about Christianity or, for that matter, about the followers of any other religion. His father had kept him in the house away from people. When he heard the voices of the Christians, he entered the church to see what they were doing. He was impressed by their manner of praying and felt drawn to their religion. He said, ‘This religion is better than ours. I shall not leave them until the sunsets.’

Salman's inclination to Christianity

Salman asked and was told that the Christian religion originated in Syria. He did not go to his father’s estate that day and at night, he returned home. His father met him and asked where he had been. Salman told him about his meeting with the Christians and how he was impressed by their religion. His father was dismayed and said: ‘My son, their is nothing good in that religion. Your religion and the religion of your forefathers is better.”

‘No, their religion is better than ours,’ he insisted. His father became upset and afraid that Salman would leave their religion. So he kept Salman locked up in the house and shackled his feet. Salman managed to send a message to the Christians, asking them to inform him of any caravans going to Syria. Before long they contacted him with the information he wanted. He broke the fetters and escaped his father’s estate to join the caravan to Syria. When he reached Syria, he asked regarding the leading person in the Christian religion and was directed to the bishop of the church. He went up to him and said: ‘I want to become a Christian and would like to attach myself to your service, learn from you and pray with you.’

The bishop agreed and Salman entered the church in his service. Salman soon found out, however, that the bishop was corrupt. He would order his followers to give money in charity while holding out the promise of blessings to them. When they gave the bishop anything to spend in the way of Allah, he would hoard it for himself and not give anything to the poor or needy. In this way, he amassed a vast quantity of gold. When the bishop died and the Christians gathered to bury him, Salman told them of his corrupt practices and, at their request, showed them where the bishop had kept their donations. When they saw the large jars filled with gold and silver they said, ‘By Allah, we shall not bury him.’ They nailed him on a cross and threw stones at him. Not long after, the local people appointed another man in place of the first. Salman stayed on, in the service of this person who replaced him. The new bishop was an ascetic who longed for the Hereafter and engaged in worship day and night. Salman was devoted to him and spent much of the time in his company.

Before he passed away, Salman said to him, “O so and so Priest! The time has come for you to witness Allah Ta'ala's decision (meaning death). I swear by Allah, I have never adored anyone as much as I have adored you! So what would you instruct me to do? And who can you recommend for me to see?”

He replied, “O son! I do not know of anyone except for a certain man living in the city of Mosul. Go to him, for you will find that he is similar to me.”

A short while after he passed away, Salman arrived at Mosul and found the priest he had been sent to, and indeed, he was very much like the one before him in terms of simplicity and striving. After he passed away, Salman was referred to another priest who in turn sent him to a priest in Ammuriyah (Ameria, near Rome) , before his demise. Salman stayed by this Roman priest, and decided to make a living. Eventually hemanaged to acquire some sheep and cows.

When his death was near, Salman told him of my story and asked him for his advice just as he had asked those before him. He said: “There is nobody following our ways of life I can send you to. Nevertheless, your life seems to coincide with the era of the predestined Prophet who will arise from the Haram. His migration will be to a city full of date trees. Moreover, he will certainly have some distinct features: Between his shoulder blades, there will be the Seal of the Prophethood. He will eat food, provided it is a gift and not a donation. If you can reach that city, then do so, because you are very close to his era.”

Salman's inclination to the Arabs and Islam

A group of Arab leaders from the Kalb tribe passed through Ammuriyah. Salman asked them to take him with them to the land of the Arabs, in return for whatever money he had. They agreed to take him along. When they reached Wadi al-Qura (a place between Syria and Madinah), the Arabs broke their agreement and made him a slave, then sold Salman to a Jew. Salman worked as a servant for him but he eventually sold him to a nephew of his, belonging to the tribe of Banu Qurayzah. This nephew took Salman with him to Yathrib, the city of palm groves, which is how the Christian at Ammuriyah had described it.

Back

At that time the Prophet was inviting his people in Makkah to Islam but Salman did not know of this because of the harsh duties slavery imposed upon him. When the Prophet reached Yathrib after his hijrah from Makkah, Salman was on top of a palm tree doing some work. Salman’s master was sitting under the tree. A nephew of Salman’s master came up and said, ‘May Allah declare war on the Aws and the Khazraj (the two main Arab tribes of Yathrib). By Allah, they are now gathering at Quba to meet a man, who has just today, arrived from Makkah and who claims to be Prophet.’

Salman felt light-headed upon hearing these words and began to shiver so violently that he had to climb down, in fear that he may fall. He quickly swung down from the tree and spoke to his master’s nephew.
‘What did you say? Repeat the news for me.’
Salman’s master grew angry at this breach of protocol and struck him a terrible blow. ‘What does this matter to you’? Go back to what you were doing,’ he shouted.

Hazrat Salman himself narrates:

I left the house for a while, making inquiries. I asked a woman I met from the city whose entire family had become Muslim. She showed me the way to the Prophet .

When it was evening, I took some food with me and went to the Prophet . The Prophet was in Quba at the time. I said, “Word has reached me that you are a very pious man, and that you have some travellers in your company. I had some charity and thought that you would be most deserving of it. This is it; you may have some to eat.” The Prophet withdrew his own hand, not eating from it, but told his Companions to eat. At the time, I thought, “This is one of the characteristics my Mentor told me of.”

On my way back, I saw that the Prophet was heading to Madinah . Thus, I took the food to him, saying, “I saw that you were not eating from this charity. As a matter of fact, I presented it as a gift and not charity.” This time, the Prophet also ate with his Companions. “That makes two signs,” I thought.

Later on, I approached the Prophet as he was walking behind the corpse in a funeral. I remember that at the time, he was covered in two sheets, and that his Companions were with him.

I was trying to steal a look at the Seal on his back, when the Prophet saw me glancing. Realising that I wanted to verify what someone had told me, he let his cloak drop a little, and I managed to see that the Seal between his shoulder blades was exactly the way my Mentor had described it. I threw myself down before the Prophet (sallallahu-alayhi wasallam) kissing (his blessed hands/feet) and started to cry. The Holy Prophet said, “O Salman! Reveal your story.”

So I sat in front of him, relating my story to him and hoping that his Companions could also hear it. When I had finished, the Prophet said, “O Salman! Make a deal with your owner to free you.”

Consequently, my master did agree to free me, but in exchange for the following: ‘Three hundred date trees, as well as one thousand, six hundred silver coins.' Hence, the Sahaba (Radhiallahu anahum) helped by providing around twenty to thirty date plants each, and a tenth of every man's land in accordance to how much he owned. The Prophet (Sallallahu alaihi wasallam) said to me, “Dig a hole for each date-plant. When you are finished, let me know so that I can personally fix all the date-plants into place with my own hands.” Thus, with the help of my friends, I dug holes wherever the date-plants were to be put.

Later on, the Prophet came. We stood by his side holding the plants as he fixed them into the ground. I swear by The Being Who sent the Prophet with the Truth, not a single plant died out.

Nevertheless, I still had the silver to pay. A man came to the Prophet bringing from the mines some gold which was roughly the size of a pigeon's egg. The Prophet said, “O Salman! Take this and pay off whatever you have to.”

I replied, “O Messenger of Allah! How will this be enough for my debt?”

He said, “Allah will surely make it sufficient for your debt.”

As a result to this statement, I swear By Allah, it outweighed the one thousand, six hundred coins. I not only paid off my dues, but what I had left with me was equivalent to what I had given them.

The strict honesty of the Prophet was one of the characteristics that led Salman to believe in him and accept Islam. Salman was released from slavery by the Prophet , who paid his Jewish master a stipulated price, and who himself planted an agreed number of date palms to secure Salman’s manumission. After accepting Islam, Salman would say when asked whose son he was, ‘I am Salman, the son of Islam from the children of Adam.’

Back

Salman's role in islam

Salman was to play an important role in the struggles of the growing Muslim State. At the battle of Khandaq, he proved to be an innovator in military strategy. It was he who suggested digging a ditch or khandaq around Madinah to keep the Quraysh army at bay. When Abu Sufyan, the leader of the Makkans, saw the ditch, he said, ‘This stratagem has not been employed by the Arabs before.’ Salman participated in all of the other campaigns of the Prophet thereafter. He was also with Saad in the conquest of Iraq. After the grand victory, the Caliph Umar chose him because of his knowledge of the terrain, to select the land upon which Kufa was to be built.

Salman became known as ‘Salman the Good’. Salman was a scholar who lived a rough and ascetic life. He had one cloak, which he wore and slept on. He would not seek the shelter of a roof but stayed under a tree or against a wall. A man once said to him: ‘Shall I not build you a house in which you may live?’ ‘I have no need of a house,’ he replied. The man persisted and said; ‘I know the type of house that would suit you.’ ‘Describe it to me,’ said Salman. ‘I shall build you a house which if you stood up in, the roof would hurt your head and if you were to stretch your legs, the wall would hurt them.’

Later, as a governor of Al-Madain (Ctesiphon) near Baghdad, Salman received a stipend of five thousand dhirhams. This he would distribute as sadaqah. He lived from the work of his own hands. When some people came to Madina and saw him working the palm groves, they said, ‘You are the leader here and your sustenance is guaranteed and yet you do this work?’
‘I like to eat from the work of my own hands,’ he replied. Salman however was not extreme in his ascetism.
It is related that he visited Abu Dardaa with which the Prophet had joined him in brotherhood. He found Abu Dardaa’s wife in a miserable state and he asked, ‘What is the matter with you.’‘Your brother has no need of anything in this world,’ she replied.
When Abu Dardaa came, he welcomed Salman and gave him food. Salman told him to eat but Abu Dardaa said, ‘I am fasting.’‘I swear to you that I shall not eat until you eat also.’

Salman spent the night there as well. During the night, Abu ad-Dardaa got up but Salman got hold of him and said, ‘O Abu ad-Dardaa, your Lord has a right over you. Your family has a right over you and your body has a right over you. Give to each there due.’

Then in the morning, they prayed together and then went out to meet the Prophet . The Prophet supported Salman in what he had said. (Bukhari)

Salman as a scholar

As a scholar, Salman was noted for his vast knowledge and wisdom. Ali said of him that he was like Luqman the Wise. And Kab al-Ahbar said: ‘Salman is bursting with knowledge and wisdom. He is an ocean that does not dry up.’ Salman had knowledge of both the Christian scripture and the Quraan in addition to his earlier knowledge of the Zoroastrian religion. Salman in fact translated parts of the Quraan into Persian during the lifetime of the Prophet . He was thus the first person to translate the Quraan into a foreign language.

According to the most reliable account, he died in either 31 or 34 A.H, at the age of 250 years, during the caliphate of Uthman, at Ctesiphon.

Abu Hurraira narrates, that the Prophet prayed the following verse: ‘If ye turn back, He will substitute in your stead another people, then they would not be like you.’ (Q47:38) The Sahabah asked the Prophet , ‘O Prophet , who are these people that Allah has mentioned, that he would chose them instead of us? That they will not do as we did?’ The Prophet placed his hand on Salman’s thigh and said, ‘It will be his people. And even if faith is near the Surya (the Pleiads), someone from the Persians would attain it.’

Who were the people of Kufa and Iraq? Who was Imaam Abu Hanifah? They were all Persians. The divinely chosen denizens of Kufa were Persians. Their spiritual teachers were Persians and so were the three about whom the Prophet said, ‘Paradise longs for three people. Ali, Amar and Salman.’ (Tirmidhi)
Abu Hurraira narrates in another Hadith, that the Prophet once prayed the following verse: ‘As well as others of them, who have not already joined them.’ (Q62:3) The Sahabah asked, ‘O Prophet of Allah , who are these people,’ The Prophet placed his hand on Salman and said, ‘If faith was near the Pleiads, then someone from them would attain it.’ (Bukhari and Muslim)

Time bore witness to the realisation of the Prophet words. The progeny of the Persians spread their knowledge and populated the world.

Conclusion

Once Abu Sufyan came to Madinah and passed by Salman , Bilal and Sohayb . The three companions said, ‘Have not the swords of Allah beheaded this accursed man yet?’ Abu Bakr upon hearing this said, ‘Do not say such things of the leader of Quraish.’ After that, Abu Bakr went to the Prophet and told him of this conversation. The Prophet said, ‘Have you annoyed these three? If you have, then you have annoyed Allah.’ Abu Bakr made haste to the three companions and asked them whether they took offence on his words. They told him that they had not and further said, ‘O brother, may Allah forgive you.’ The annoyance of Salman is the annoyance of Allah. Even the likes of Abu Bakr fear to offend him.

It has come in another Hadith that the Prophet said, ‘Allah has commanded me to love four men, for He too loves them. They are Ali, Abu Dhar, Miqdad and Salman.’It has also come in a Hadith that, ‘Each Prophet had seven helpers and protectors, I was given fourteen. Ali, Hasan and Hussain, Hamzah, Abu Bakr, Umar, Masaab Ibn Ameer, Bilal, Salman, Amar, Abdullah Ibn Masood, Abu Dhar and Miqdad.’

This was Salman Farsi , the Persian who’s quest for the true faith lasted almost all of his 250 years of life. As Muslims and as students, it should be our point of aspiration to achieve at least some of the dedication of Salman Farsi to faith and the gaining of knowledge.

An inspiring story of a newly-reverted Muslim

2011-04-05T04:07:00.000-07:00

I came to Islam at 48

I came to Islam at the age of 48. Although I searched constantly for 30 years through major religions and philosophies, I was not presented with the message of Muhammad, salli Allahu ‘alayhi wasSalaam, until that age, in 2008. Muslims are seen primarily as an insular ethnic group, and many Muslims in America are African American, so it is separated again to another ethnic group. When I was living as a Christian, I used to wear a head-scarf, and dresses, so I learned to sew clothes. Sometimes in a big city, in a fabric store, I would see a Muslim mom and her children shopping for fabric for headscarf and dresses, while I was there with my children doing the same. Two “extreme” religious families. Other than that, my occasional experience was with Muslims while shopping for groceries. My son’s first employer was an amazingly kind Iranian who prayed at work. I hope my son remembers the faith of Mahmud when he thinks of me.

Raised in the nominally Christian society of America in the 1960s, the Christian doctrine of the Trinity troubled me since childhood. The idea of death followed by eternity concerned me more than most children, and I never fit in with the light-hearted. The politics of religions were evident to me before I could read because I attended groups that condemned my family and then I alternately attended groups that my family condemned. Inside my home, daily life was lived by astrological guidance. At age 12 I was told my father’s death was predicted accurately by the family astrologer. I had the opinion that my father’s life had been wasted, and at that age, I promised not to be tricked by the world. I lost my church group and religious friend’s influence that year as well as having other major life shocks in my home. In light of the ugly picture I am writing, I would refer to typical US TV shows of the 1960s—the pretty house, big cars, nice new home in the suburbs, football-player son—that is what we looked like.

As was common in the ‘60s, prescription medication was used to help the family members live the life they wanted. Work, sleep, study, eating/not-eating were all made controllable by the pills from the doctor. I began to borrow that medicine at age 13 and at 16 I was in a coma due to overdose. I was sent to a mental hospital for 10 days where I saw true insanity. Weeks after being discharged, my only sibling’s 18 month old daughter was murdered in a suburban home by a good friend of the family. Witnessing my brother and his wife’s grief due to her shocking death changed my life. Around that time, I tried unsuccessfully to connect with some church, some family member concerning the fear and hopelessness that filled me. A few months later while attending art school, I was asked to move out of my mother’s house at 17, because I was disobedient.

I was denied access to financial aid to attend university because my family had too much money, but they did not want to help with college. At the age of 18, I had a small job, and an apartment, and no hope. As I reached the end of life again through overdosing, I met a man who took me away from Atlanta to Houston -- I put all my hope in him. We stayed married 20 years, he is my 3 children’s dad. At age 21, I had a baby, and then I put all my hope in her. May Allah have mercy on us.

As any parent knows, there comes a time when we must teach Truth to the little ones. With children age 4 and 2, I turned to the Almighty. Only with his help, we stayed away from drugs and alcohol for 12 years, and lived by the Bible, looking for the way most pleasing to our Holy Creator. As in my childhood, we changed Christian groups many times, looking for the best teaching. We relocated over huge distances to find this “truth.” Because we moved every year, we had no friends and family was unfamiliar.

I stayed home with my children, and “homeschooled them” –taught them all classes until algebra when they either went to work, or went to tutors. I had lived entirely for my children for 17 years. I had searched obsessively to find correct Christian doctrine for 12 years. I finally reached the end of searching in Christianity as I got back into 300AD. It is all historical and cannot be denied. Corrupt doctrines from corrupt scriptures from corrupt men. But the hopelessness it left me with was much worse than any emotional shock I had before. And I had given this wrong religion to my most-precious children who trusted me. My dear husband was shocked when I, by small steps, started drinking again and asked to move away from the family. I searched into Buddhism, and to modern western philosophy, to modern psychology and psychiatry --but it is only mental props, there is no real help. I believed that all ancient writings were contaminated. A year later I filed for divorce from my 20 year marriage. I felt that I could not find God, or Truth and that I could only live a meaningless life with no divine help. At the age of 42, for the third time in my life, I was actively suicidal. Only a few weeks after leaving a mental hospital again, the worst thing in life happened to me. My most precious treasure, my first born daughter, my best friend, committed suicide at age 21. She went to a rural mountain and used the same medicine she had used to euthanize dogs and cats in her profession a veterinary nurse. And I had no faith in God, and I was an advocate of suicide, and if she had not died first—it would have been me. I live with all of it –guilt, regret, nausea, tears-- everyday. For five years, I remained suicidal, just waiting until my two remaining children were too busy to notice when I would leave the area and die anonymously.

Allah Almighty, All Merciful, all praise and thanks are for him alone. I had a shocking revelation about a year before I came to Islam. The revelation concerned the effect my disappearance would have on the daily, hourly, life of each of my beloved children. The delusions were broken. It went so deep that it changed my life, and I have given up the idea of ending my life since that very realization. It was spring ’07, I was 47. But the rage at having my choice taken away was crippling for almost a year. For the first time in my life I knew I was not allowed to take my life whenever I decided. Against my will I must to stay and wait until God Almighty took my life back. The only meaningful thing in my life (believe it or not) was the love for my children and my sense of motherly duty. That was the only thing that could have forced me to control myself. Alhamdulillah.

This was really the beginning for me. I had to learn how to actually live and not just wait to die. The confusion was startling—and how could I live without any faith in anything! I first had to stop drinking again—so I moved 2400 miles to live near my mother in a big city (Atlanta) so I could go to Alcoholics Anonymous meetings everyday. Those meetings teach the same method I used when the children were 4 and 2—every minute, every second if need be-- going, in spirit to “your Higher Power” to break the addiction, the thought patterns.

Most of my problem was hopelessness in finding Truth. If everything is relative, just “your view/opinion” whatever works for you—then I was right back to life’s meaninglessness and suicide. But I knew so absolutely that the revelation from spring ’07 came from God and that He exists and that I have to give an account. I attempted to return to the Christian faith but could not as I thought its major doctrine was insulting to the character of the Almighty Creator.

My mother, may Allah have mercy on her, was diagnosed with cancer one month after I arrived in Atlanta, and she died a peaceful death only 2 months later. We had precious time together.

Islam and Muslims are invisible in all this—there are no Muslims anywhere in this story—because I never saw any Muslims or heard anything about them or about Islam. Sad but true.

I had developed a relationship of desperate begging to my Creator, my only Hope, and source of Mercy and Forgiveness. I moved back to the same tiny Montana farming town where I’d lived since 2003. Both my adult children and their father lived there. I knew nothing had changed, but I trusted God Almighty to show me what to do. I planned to study online.

Five months later, Oct. 2008, I said the beautiful Shehada with much joy at finally finding a religion or philosophy that gave proper honor and glory to God Almighty. My daughter had developed a long distance relationship with an Egyptian man and she planned to fly to Cairo and meet his family. For the first time in my life I began to research Islam --to find out what kind of place and people she would visit.

I expected to find a shell of a religion. But what I found may be called the jealous guarding of the human mind to keep it from slandering the character of the Almighty, and a surprisingly vast intellectual philosophy that is useful in more facets of life than any one philosophy I had studied. Alhamdilillah. I was so excited to read about the Islamic concept of Tawhid, about what Allah, subhanahu wa ta’ala, wants us to know about him, and about his dealings with this world. That he is separate from this creation, that he has no need of us, that his attributes are unfathomably infinite. The final Prophet, Muhammad, salli Allahu ’alayhi waSalaam, is unique, beautiful. It is 2+ years later and I want to learn non-stop. Islam has given me the peace of intellect and spirit I have not previously had. It comes from knowing about the Oneness and Attributes of the Almighty Creator, Allah.

I began to learn the prayer in Arabic from online audio. Surat al-Ikhlas as soon as possible—Everyday when I say it, I remember my immense relief and joy at learning the truth that surah holds. Alhamdulillah. Five times a day salat is a beautiful refuge in my day and I love it. I have Arab friends who do not pray and still consider themselves Muslim, so it has been hard for me to be consistent. Recently, a friend (from Cairo!) came to my aid (on Skype) again to set me back to prayers—but I now know for sure it was a whisper from a satan to have me quit…I was convinced that I could not be forgiven-that I was sure to go to hell-that praying was useless. Astaghfirullah. But Alhamdulillah, because of that difficulty, I now know what was really happening, and in sha’ Allah I will pray Salat all my life. In sha’Allah, I am beginning to learn the reality and the falsity of regret. I study destiny opposed choice as much as possible in an effort to keep myself from crippling regret. I know Allah is all-mighty and all-wise. It is difficult to relearn the major doctrines of faith—lately I have to relearn what is forgiveness

I have strong opinions about Muslim values being lived out in government and society. This is another aspect of Islam that gives me peace in my heart—although I do not experience it in actual life, I know it exists somewhere in the name of Allah,subhanahu wa ta’ala.

There are so many issues that cannot be resolved in my present location. The only Muslims in my city are young students at the university. They pray in the basement of a house. I have tried to contact Muslim sisters, but they do not have time or inclination to share Islam with me. The nearest masjid is about 200 miles drive over major mountain passes. The young brother in Cairo who helps me with encouragement to prayer has offered to help me resettle in a Muslim country. In sha’ Allah, I will do that, but until May 2012, I must keep living here to support my daughter while she finishes her degree.

I had some troubles finding websites to trust on the internet. There is a lot of fighting and condemnation out there, you know? I found condemnation of other Muslims is cold and mean. I was an extreme Christian who condemned others who did not live as righteously as I did, so I know that game. Sadly, blindly, destructive. (astaghfirullah) Allah, arRahmanarRahim, has sent direction from a Pakistani brother to Islamic teaching that is helping me learn and re-learn how to live and think as a Muslim. Alhamdulillah.

http://www.monthly-renaissance.com/issue/viewissue.aspx

http://www.understanding-islam.com

I see many schools of Islamic thought my studies. I sympathize with a young American revert in a strong-willed ethnic masjid. I sympathize with an Arab mom and children in a stifling society who struggle to use the strengths Allah, ‘ Aza waJa, has given them. I sympathize with a brilliant scholar who sees the way to progress and also respects the path of the past. I sympathize with the joyful westerner who does Hijrah. I sympathize with the vibrant masjid with many young people who will, in sha’ Allah, make the Ummah stronger. I sympathize with anyone whose religious training goes against what Allah, Al Haqq, has revealed in their heart. But over all, I say, Alhamdilillah, Islam has been revealed and is on the Earth!

أشهد أن لا إله إلا الله و أشهد أن محمد رسول الله.

Remembering Muhammad Hamidullah.

2011-04-05T03:03:00.000-07:00

Remembering Muhammad Hamidullah.

IPL 2011

2011-04-05T01:46:00.000-07:00

IPL 2011

Deewan -e- Ghalib

2011-04-04T03:01:00.000-07:00

Deewan -e- Ghalib

Daily Express News Story

2011-04-03T01:14:00.000-07:00

Daily Express News Story

The ICC’s dual policy - By Haaris Ramzan @ Pakistan Herald

2011-04-02T00:15:00.000-07:00

The ICC’s dual policy - By Haaris Ramzan @ Pakistan Herald

Daily Express News Story

2011-04-01T22:44:00.000-07:00

Daily Express News Story

Makli Hill

2011-04-01T22:42:00.000-07:00

Makli Hill

Climbing in Pakistan (Courtesy: www.north-pakistan.com)

2011-04-01T04:00:00.000-07:00

CLIMB BELOW 6500M PEAKS:

As the Government of Pakistan, Ministry of Tourism made open (free) to climb the peaks up to 6500M without climbing permit (without paying of the royalty of peak) for two years 2003 and 2004 in order to promote the trekking and mountaineering in Pakistan. There are several spectacular peaks below 6500M among the ranges of the Himalayas, the Karakoram, the Hindu-Kush and the Pamir in the trekking routes. These peaks are called trekking peaks and open to climb, for which royalty, climbing permit, liaison officer and other formalities are NOT required. If the peak is situated in the restricted area then you need the trekking permit from the Ministry of Tourism through a Government licensed agency with paying fee, which is 50 US dollar per person. It is also requires to hire licensed guide, buy a personal accident insurance policy also for porters and cook, will attend the mandatory briefing and de-briefing at the Ministry of Tourism.

There are a lot of such peaks, which are still unclimbed and nameless, some are technically difficult too. “North Pakistan Treks, Tours and Expeditions” is pleased to propose you the climbing expeditions on below 6500M peaks in various regions of the trekking routes. In Shimshal Valley, Pir Peak 6363m, Chkorin Sar 6500M, Mingil Sar 6050M, Sonia peak 6300M, Adver Sar 6400M and etc. In Hunza Valley, Hunza Peak 6270m, Bomulimoting 6000m, Koksil Peak 6483M, Sakar Sar 6272M and many more. In Skardu, Trango Group (highest rock walls on earth, Trango Tower 6239M, Great Trango, Trango), Uli Hiafo Tower 5597M and Peak 6417M, Lobsang Peak 6225M, Mitre 6010M, Urducex Peaks 6320M, 6280M, 6130M, Namika Peak 6295, Vigne Peak 6230M, Cristal Peak 6252M, Marble Peak 6256M, Lupke Brakk 6030M, Brandu Brakk 6000M, Uzun Brakk 6422M, Khani Basa Sar 6500M, Markrong Chhish 6340M, Biange 6431M and etc. and many more in the Hindu Raj, mostly virgin peaks there.

List of some Peaks below 6500M

S.No	Name of Peak	Height
1	Trango Tower	6239m
2	Trango Ri	6300m
3	Ulibiaho Tower	5597m
4	Ulibiaho Peak	6417m
5	Moni Peak	6060m
6	Lobsang Peak	6225m
7	Lobsang Spire	5707m
8	Drangra	6325m
9	Mitre	5944m
10	Urdukas Peaks	6320m, 6280m, 6130m
11	Naamika	6295m
12	Vigne Peak	6230m
13	Cristal Peak	6252m
14	Marble Peak	6256m
15	Lhunggka	6307m
16	Biange	6431m
17	Skyang Peak	6340m
18	Durbin Peak	6250m
19	Sliver Throne	6500m
20	Nera Peak	6340m
21	Bullah	6294m
22	Dongbar	6282m
23	Bobisghir	6415m
24	Lupke Brakk	6029m
25	Brandu Brakk	6000m
26	Uzun Brakk	6422m
27	Pamshi Peak	6000m
28	Khani Basa Sar	6500m
29	Ice Cake	6400m
30	Makrong Chhish	6340m
31	Akbar Gang	6218m
32	Bubli Motin	6000m
33	Huns Peak	6270m
34	Saruchit Sar	6100m
35	Ani Kucho	6160m
36	Monk’s Head	6340m
37	Tuponpdan	6106m
38	Lukpe Lawo	6500m

2nd Semi-Final of ICC CWC Pakistan Vs India (30-03-11)- The World Cup dream is over...

2011-03-30T23:26:00.000-07:00

Pakistan lost the World Cup semi-final by 29 runs against India in a traditionally tense clash between the arch rivals here at the Punjab Cricket Association stadium on Wednesday.

Chasing a modest total of 261 runs, Pakistan were dismissed for 231 with a ball to spare after all of India's five bowlers took two wickets apiece.

Misbah-ul-Haq, who top-scored for Pakistan with 56, helped take them from 208 for nine to a situation where an unlikely 30 was needed off the last over.

But Zaheer Khan held his nerve, bowling four dot balls before Misbah holed out to Virat Kohli to the delight of a capacity crowd.

India's 260 for nine after winning the toss against their arch-rivals was built around Sachin Tendulkar's 85.

But they might have made considerably less had not the star batsman been dropped four times in an innings that still left him one short of a hundred international hundreds.

Left-arm fast bowler Wahab Riaz led Pakistan's attack with career-best figures of five for 46.

For Pakistan, openers Kamran Akmal and Mohammad Hafeez provided a good start of 44 runs before Kamran was caught by Yuvraj Singh at point off Zaheer Khan for 19.

Mohammad Hafeez made 43 before he was caught behind after trying to sweep seamer Munaf Patel.

Yuvraj, out for a golden duck, atoned in front of his home crowd with two wickets for no runs in five balls as Pakistan slumped to 106 for four.

The left-arm spinner bowled Asad Shafiq (30) as the batsman made room to cut and then had the experienced Younus Khan (13) caught at cover by Suresh Raina.

Umar Akmal, however, counter-attacked in trademark style, pulling and driving Yuvraj for the first two sixes of the match.

But on 29, he was bowled by Harbhajan Singh to leave Pakistan 142 for five.

Pakistan required 84 off the last 10 overs and needed a big innings from big-hitting skipper Shahid Afridi who only managed 19 before he sliced Harbhajan to Virender Sehwag at cover-point and at 184 for seven the game was almost up for Pakistan.

Earlier, the 25-year-old Wahab Riaz kept his side in the match.

Riaz, on as first change, struck fifth ball when he had dangerman Sehwag, hitting across the line, lbw for 38 including nine boundaries.

Then, on 27, Tendulkar pulled leg-spinner Afridi hard to short mid-wicket only for Misbah to drop the catch.

Tendulkar was dropped again, on 45, when Younus at mid-off failed to hold on to a mistimed drive off leg-spinner Afridi.

Riaz, however, had Kohli caught by Umar Akmal at backward point and next ball clean bowled Yuvraj with a swinging full toss.

Tendulkar was given a third reprieve by Pakistan on 70 when wicketkeeper Kamran Akmal failed to hold a tough chance off an edged Afridi leg-break.

And he was on 81 when a leaping Umar Akmal at short mid-wicket dropped a checked drive against off-spinner Hafeez.

However, Afridi ended his innings when he took a sharp catch at short extra-cover off Ajmal. Tendulkar faced 115 balls with 11 fours.

Riaz had Dhoni lbw before completing his five-wicket haul when Zaheer was caught behind.

India will now face Sri Lanka in the final to be played at Mumbai on Saturday.

Israeli Attack on Gaza Aid Ship Violates International Law

2010-05-31T23:08:00.001-07:00

Courtesy: Paul Jay

Monday, May 31, 2010 by Canada.com

by Paul Jay

Last night, Israeli commandos boarded a Turkish aid ship on its way to Gaza. It is reported that they killed ten to fifteen activists and injured thirty more.

The flotilla was attacked in international waters, 65km off the Gaza coast. Organizers said the flotilla was carrying 10,000 tones of humanitarian aid headed to Gaza challenging the Israeli blockade.

The Israeli Army Radio said soldiers opened fire "after confronting those on board carrying sharp objects". Israel says they offered to deliver the aid if the ships turned back.

The Free Gaza Movement, the organizers of the flotilla, however, said the troops opened fire as soon as they stormed the ships. They also said they were fully within international law delivering the aid directly to Gaza.

Turkey in a written statement condemned Israel over the deadly attacks: "This deplorable incident, which took place in open seas and constitutes a fragrant breach of international law, may lead to irreparable consequences in our bilateral relations," it said.

Turkey is a member of NATO and one of the few majority Muslim countries that has diplomatic relations with Israel. Although Israel has been a major supplier of arms to Turkey, diplomatic relations have been tense following the 2008-2009 Israel attack on Gaza.

Prior to the attack on the aid ship, Israel 's Foreign Minister Avigdor Lieberman said, "The aid convoy is violent propaganda against Israel, and Israel will not allow its sovereignty to be threatened in any way, in any place - land, air, or sea. There is no humanitarian crisis in the Gaza strip." The UN and numerous NGO's have described the conditions in Gaza as a humanitarian disaster.

Lieberman has openly talked about ethnically cleansing Israeli citizens of Palestinian origin. In late May 2004, Lieberman proposed a plan in which the populations and territories of Israeli Jews and Arabs, including some Israeli Arabs, would be "separated." According to the plan, also known as the "Populated-Area Exchange Plan," Israeli Arab towns adjacent to Palestinian Authority areas would be transferred to Palestinian Authority, and only those Arab Israelis who migrated from the area to within Israel's new borders and pledged loyalty to the Jewish State of Israel would be allowed to remain Israeli citizens.

I was in Israel in April of this year, my first visit since 1998. I interviewed Michel Warschawski, founder of the Alternative Information Centre, who spoke about the significance of Lieberman: "it's not anymore a small lunatic right wing, like [Meir] Kahane gang 20 years ago. He's minister of foreign affairs. He's government. He's part of the coalition, an important part of the coalition. So what we have is the blatantly racist language and measures that were on the margin of Israeli politics are now in the middle."

After Israel's attack on Gaza in 2008, the UN appointed a Fact Finding Mission to investigate alleged war crimes. The mission, led by renowned South African jurist Richard Goldstone, produced a report that accused both Israel and Palestinian militias of war crimes.

The UN human rights council referred Goldstone's report to the UN General Assembly in Washington for follow-up, but under US pressure, the report never reached the Security Council for possible referral to the International Criminal Court. The Canadian government joined the US in denouncing the report.

On Thursday Amnesty International accused the US and European states of obstructing justice by using their position on the UN Security Council to shield Israel from accountability for war crimes committed in Gaza.

As long as the American, Canadian and European governments continue to allow Israel to flout international law without consequence, defend and expand illegal settlements, maintain a "secret" stockpile of nuclear weapons, sustain the siege of Gaza . . . Israel will continue on this road with impunity.

The American and Canadian elites support such actions of Israel not because they love Jews or care about a Jewish state. A long history of North American and European anti-Semitism says otherwise. They do so for their own geo-political objectives. Like most issues in the Middle East, it's mostly about oil and maintaining a system of regimes, Israeli and Arab, which make sure that fabulous oil revenues remain in very few hands.

I think most ordinary Americans and Canadians, including those of Jewish origin, do not agree with a policy of unconditional support for the increasingly fanatical direction of Israeli policy.

Global Harmonization on the Right of Freedom of Expression and Human Rights Law and Conflict of Laws

2010-01-27T21:25:00.000-08:00

ESSAY

The Right of Freedom of Expression and International Human Rights Law

Topic:

“Global Harmonization on the Right of Freedom of Expression and Human Rights Law and Conflict of Laws”

An Essay Submitted To The Academy on Human Rights and Humanitarian Law. American University Washington College of Law.

2010 - Human Rights Essay Award Competition.

(Mr.) Naveed Ahmed Pakistan

Email: nedahmed@gmail.com

Tel (Res.): +92-42-7085554 / Mobile: +92-333-4844561

Address: House no. 211, Hajvery Housing Scheme, Canal Bank Road, Harbans Pura, Lahore, Pakistan.

American University Washington College of Law

Introduction

Freedom of Expression – A Fundamental Human Right

The Right of Freedom of Expression is “people-centered” – it takes individuals and their communities as its principal point of reference. Establishing a global harmonization on the right of freedom of expression based on human rights for everyone is an indispensable requirement for advancing human rights. The Right of Freedom of Expression requires a genuine understanding of human rights. Human Rights Education, through its knowledge transfer, skills-building and attitude shaping dimensions raises awareness of our common basis for the protection of human dignity and of human security. This essay prognosticates the Declaration on Principles of Human Rights Education and The Right of Freedom of Expression. I trust that this essay will assist Human Rights Education efforts of all Network Partners and worldwide, assist the United Nations High Commissioner for Human Rights in fulfilling his mandate and shall also contribute and inspire further action beyond the United Nations Decade for Human Rights and The Right of Freedom of Expression.

Human rights refer to the "basic rights and freedoms to which all humans are entitled. Examples of rights and freedoms which have come to be commonly thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of expression, and equality before the law; and social, cultural and economic rights, including the right to participate in culture, the right to food, the right to work, and the right to education. Article 1 of the Universal Declaration of Human Rights states as follows;

“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.”[1] Freedom of expression is a fundamental human right which is a prerequisite to the enjoyment of all human rights. Where it is suppressed other human rights violations follow. Freedom of expression has been variously described as crucial for the freedom to develop and discuss ideas in the search for truth and understanding (sometimes evoked as the ‘marketplace of ideas’), autonomy and self-fulfillment of the individual and effective participation in the political life of a democratic society. Article 19 of the Universal Declaration of Human Rights proclaims:

‘Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers’.

Amnesty International upholds the right of everyone to freedom of thought, conscience, religion, opinion and expression as set out in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and other international human rights treaties. Freedom of expression is not an absolute right. Under international law, governments may, in defined circumstances, restrict certain forms of expression or information on narrow grounds such as national security, the protection of public morals or to protect the rights and reputations of others, but only to the extent strictly necessary. Amnesty International, for example, would always argue that any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence (often known as ‘hate speech’) should be prohibited. However, international human rights law does not permit, still less require, freedom of expression to be restricted or prohibited simply on the grounds that others may find it offensive or that the authorities say that it poses a risk to public order. International and regional human rights treaties apply strict criteria that any such restriction must be set down in law, have a legitimate aim and be a proportionate response. The onus of demonstrating the validity of the restriction rests with the government. [2]

Understanding International Human Rights Law

The aspiration to protect the human dignity of all human beings is at the core of the human rights concept. It puts the human person in the center of concern. It is based on a common universal value system devoted to the sanctity of life and provides a framework for building a human rights system protected by internationally accepted norms and standards. During the 20th century, human rights have evolved as a moral, political and legal framework and as a guideline for developing a world free from fear and free from want. Art. 1 of the Universal Declaration on Human Rights (UDHR), adopted by the United Nations in 1948 refers to the main pillars of the human rights system, i.e. freedom, equality and solidarity. Freedoms such as the freedom of thought, conscience and religion as well as of opinion and expression are protected by human rights. Similarly human rights guarantee equality, such as the equal protection against all forms of discrimination in the enjoyment of all human rights, including full equality of women and men. Solidarity stands for economic and social rights, like the right to social security, just remuneration, and an adequate standard of living, health and accessible education, which are an integral part of the human rights framework. These are detailed under five headings as political, civil, economic, social and cultural human rights, legally defined in two parallel Covenants that together with the UDHR combine to define the Bill of Human Rights.

“All human rights for all”

was the slogan of the Vienna World Conference on Human Rights in 1993. Human rights empower individuals as well as communities to seek the transformation of society towards the full realization of all human rights. Conflicts need to be resolved by peaceful means on the basis of the rule of law and within the human rights framework. However, human rights may interfere with each other; they are limited by the rights and freedoms of others or by the requirements of morality, public order and the general welfare in a democratic society (Art. 29 of the UDHR).

Human rights of others must be respected, not just tolerated. Human rights must not be used to violate other human rights (Art. 30 of the UDHR); thus all conflicts must be solved while respecting human rights even though at times of public emergency and in extreme cases some restrictions may be imposed. Therefore, everybody, women, men, youth and children, need to know and understand their human rights as relevant to their concerns and aspirations. This can be achieved through human rights education and learning, which can be formal, informal or non-formal. The understanding of human rights principles

“No single phrase in recent human history has been more privileged to bear the mission and burden of human destiny than [the phrase] “human rights”… - the greatest gift of classical and contemporary human thought is the notion of human rights. Indeed, more than any other moral language available to us at this time in history, [is] the language of human rights.” [3]

Understanding the Right of Freedom of Expression [4]

Two years ago, the world happened to face a controversy caused by the publication of blasphemous and defamatory caricatures of the Holy Prophet (saw), the Holy Qur’an and other sacred rituals of Islam in some European newspapers. Sequel to a strong protest by the world community in general and the Muslim countries in particular, the upheaval temporarily questioned. But it is most unfortunate that the denigrating publications have been restarted. As before, the new wave of nonsense has once again sprouted from Denmark. Not less than eighteen newspapers of a civilized and peaceful country like Denmark have published the heinous caricatures. Furthermore a Holland MP Geert Wilders has produced a fifteen minute film containing indescribably indecent, shameful and demeaning material against the Qur’an and the Holy Messenger of Islam (saw). This new wave of blasphemy which was calmed down by the intervention of peace-loving leaders of the world two years before points to a conspiracy hatched by the evil forces that are engaged in shaking up and destroying the world peace. They desire that the world must plunge into a clash of civilizations. Considering it our fundamental responsibility we draw attention of the rulers and leaders of all the 257 countries of the world and the Muslim, Christian, Jew and leaders of all other religions to take serious notice of the mischief mongers and their heinous designs to play with sentiments of hundred and fifty million Muslim people on the globe just in the name of freedom of expression. The failure of governments to address this situation has allowed it to spread all over the world, with no end in sight. This situation has been unnecessarily allowed to spiral out of control and has threatened the concept of peaceful co-existence. If not addressed, it can lead to a potential clash of not only civilizations but religions and societies as well. This article aims to put the issue in perspective. Currently the newspapers involved in blasphemy and other media are trying to justify their profanity in the name of 'freedom of expression'. Much of this debate has focused on the 'right of freedom of expression' with its defenders advocating the sacredness of freedom of speech which needs to be upheld no matter what the consequences. However in reality the issue is not one of curtailing the right to freedom of expression since this is a right that is not absolute and no one can claim so. Rights are reciprocal and their enforcement is interdependent on other fundamental rights. To insist that a right is absolute is erroneous since such a right can infringe other basic human rights. Every country that claims to be part of the 'civilized and democratic' world has put its own limits on freedom of expression in the interests of society in order to maintain a certain level of human behavior, be it based on local norms and customs, culture or religion but in essence to protect the dignity of their moral and religious, social, and societal values. So to suddenly create an outcry that the right to freedom of speech is being undermined by Muslim protests is clearly a fallacy. The free propagation of child pornography for instance or the incitements of religious or racial hatred in the media is banned in many countries and quite rightly so. In many European countries it is a crime to deny the Holocaust, being a criminal offence in Austria, Belgium, Czech Republic, France, Germany, Israel, Lithuania, Poland, Romania, Slovakia and Switzerland, and is punishable by fines and a jail sentence.

There is also a law of defamation normally under the Law of Tort that can lead to an individual being compensated for offence caused. The absolute right to free expression is curtailed in order to balance the rights of an individual. In the same way an act that causes offence to a whole community can never be justified under the banner of freedom of speech. Moreover in many countries it is illegal or at least discouraged to degrade or abuse the constitution or certain national institutions such as the army, courts of law, or parliament. Contempt of court also exists all over the world which severely limits freedom of speech, violation of which can lead to imprisonment. If the right to freedom of expression is absolute, why are there no objections to laws such as these? To give respect to an individual's honor and dignity is a fundamental human right protected by law as is the prohibition on blasphemy and defamation as well as the right to religious freedom. The UN Charter, Constitutions and Laws of many countries provide protection to these rights.

The UN Charter recognizes this right in Article 1 (ii):

"To achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion."

It is also recognized in the European Convention on Human Rights Article 9:

"Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others."

The Constitution of the USA, Amendment I of Bill of Rights states:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

Moreover many countries have passed anti-terrorist legislation, severely restricting the civil liberties of individuals, with the legislation drafted in a manner that is clearly aimed at focusing upon Muslims in the countries concerned. There is a strong feeling that a substantial minority is being continually abused and misrepresented in the mass media through the portrayal of negative images not based upon reality, and then subjected to humiliating checks and procedures when going about their lives on a daily basis, all in the name of freedom of speech and national interest. It is thus highly surprising that the sacred elements of its faith are ridiculed just in the name of freedom of expression and speech knowing that the reactions will be extremely tense. There is no doubt that re-publication of these caricatures by the newspapers involved was an exercise to demonstrate control and power directed against Muslims, either subscribe to our culture and way of living or suffer the consequences and be ridiculed and debased. Realizing the significance of this right some world dignitaries have condemned the publication of these caricatures and have emphasized the restriction of the right of the freedom of speech too.

Former United Nations Secretary General Kofi Annan said:

"I also respect the right of freedom of speech. But of course freedom of speech is never absolute. It entails responsibility and judgment."

The US State Department said:

"These cartoons are indeed offensive to the belief of Muslims."

Spokesman, Kurtis Cooper, said:

"We all fully respect freedom of the press and expression but it must be coupled with press responsibility. Inciting religious or ethnic hatred n this manner is not acceptable."

If internationally recognized principles of tolerance and co-existence are put aside and moral and religious values are dishonored then the present situation will worsen and the prevailing tensions will intensify. Europe considers itself to be an educated and civilized society but its response to the gross infringement of the basic right to religion of one of its minority communities has become un-understandable. There needs to be some mechanism to put an end to these horrific occurrences which may prove a potential threat to world peace. Those who advocate that the right to freedom of speech is being eroded and any restraints upon it cannot be tolerated must look within their own 'democratic societies' and the extent to which their civil liberties have been eroded through the recent anti-terrorist legislation.

Some US states have blasphemy laws on their statute books. The U.S state of Massachusetts General Laws states (chapter 272 section 36) "Whoever willfully blasphemes the holy name of God by denying, cursing or contumeliously reproaching God, his creation, government or final judging of the world, or by cursing or contumeliously reproaching Jesus Christ or the Holy Ghost, or by cursing or contumeliously reproaching or exposing to contempt and ridicule, the holy word of God contained in the holy scriptures shall be punished by imprisonment in jail.

Other countries having blasphemy laws are:

1. Austria (Articles 188, 189 of the criminal code)

2. Finland (Section 10 of chapter 17 of the penal code)

3. Germany (Article 166 of the criminal code)

4. The Netherlands (Article 147 of the criminal code)

5. Spain (Article 525 of the criminal code)

6. Ireland: Article 40.6.1.i of the constitution of Ireland provides that the publication of blasphemous matter is an offence. Prohibition of Incitement to Hatred act 1989, this includes hatred against a group on account of their religion.

7. Canada Section 296 of the Canadian Criminal code. Offence against the Christian religion is blasphemy.

8. New Zealand Section 123 of the New Zealand Crimes Act 1961

Churches for instance hold sanctity in the Christian world and are protected under the constitution in some European countries. An example is the constitution of Denmark, section 4 [State Church] which states:

"The Evangelical Lutheran Church shall be the Established Church of Denmark, and, as such, it shall be supported by the State."

It is evident from the above mentioned laws that freedom of speech is a fundamental right but this right is not absolute. There are hundreds of books and newspaper articles that have been published attempting to criticize Islam and the basic tenets of its faith yet Muslims never object to scholarly debate since they are well aware that this is part of an ongoing debate on Islam and within the tenets of 'freedom of expression'.

There have been countless newspaper articles completely misrepresenting Islam, often publishing clear lies and exaggerated stories about Islam and its law yet Muslims are tolerant and appreciate that this is part and parcel of living within societies who claim this to be part of their 'liberal democracies'. However when this right of 'freedom of expression' is abused and the most sacred elements of Islam are deliberately insulted then this will definitely create great unrest among Muslims around the world. By depicting the Holy Prophet of Islam (PBUH) as wielding a knife and wearing a bomb disguised as a turban on his head is a deliberate attempt to insult and stir up controversy, presenting him and his followers as violent terrorists. Another caricature portrays him as supporting suicide bombers and saying "Stop, Stop we have run out of virgins". How can such caricatures be justified under the banner of free speech? Moreover these caricatures were not printed within a vacuum but in an environment of an anti-Muslim bias where tensions were already running extremely high within the Danish community and indeed throughout Europe. Only recently the Queen of Denmark had made controversial remarks stating that:

"We have to show our opposition to Islam and we have to, at times, run the risk of having unflattering labels placed on us because there are some things for which we should display no tolerance."

Moreover many countries have passed anti-terrorist legislation, severely restricting the civil liberties of individuals, with the legislation drafted in a manner that is clearly aimed at focusing upon Muslims in the countries concerned. There is a strong feeling that a substantial minority is being continually abused and misrepresented in the mass media through the portrayal of negative images not based upon reality, and then subjected to humiliating checks and procedures when going about their lives on a daily basis, all in the name of freedom of speech and national interest. It is thus highly surprising that the sacred elements of its faith are ridiculed just in the name of freedom of expression and speech knowing that the reactions will be extremely tense. There is no doubt that the publishing of these caricatures by the newspapers involved was an exercise to demonstrate control and power directed against Muslims, either subscribe to our culture and way of living or suffer the consequences and be ridiculed and debased. Realizing the significance of this right some world dignitaries have condemned the publication of these caricatures and have emphasized the restriction of the right of the freedom of speech too.

The Internet and the Right of Freedom of Expression – A New Frontier for Human Rights

The Internet is one of the most powerful inventions of the digital age. It has the potential to empower and educate, to cross cultural boundaries and create global communities. It offers the means for any individual with access to a computer and a gateway to the Internet to participate in a free flow of information and ideas with others across the world. Yet that very potential to transcend national borders and impart information regardless of frontiers means that the Internet is also the subject of concerted efforts by governments to restrict freedoms and violate basic human rights such as the rights to privacy, freedom of expression and freedom of information.

In some countries where dissent is suppressed, the struggle for freedom of expression is now taking place online as governments devote increasing resources and attention to controlling access to information on the Internet and to surveillance of users. Their objective is often to prevent dissemination of information that is critical of them, as well as to track and monitor dissidents, some of whom may subsequently be imprisoned for exercising their right to freedom of expression. The Internet itself can become a tool of repression where the monitoring of communications, the censoring and filtering of information and the amassing of immense databanks of information enhance the ability of repressive governments to restrict the freedoms and basic human rights of their citizens. Such national restrictions can affect not just those living in that country but all who seek to impart or receive information about it.

There are some legitimate cases in which restricting access to certain information is an important step in protecting human rights, for example they have, through their actions, directly and admittedly contradicted their values and stated policies preventing access to child pornography. However, international human rights standards establish strict conditions under which such restrictions are permissible. Unwarranted censorship of the kind outlined in this briefing is contrary to many local laws and established international norms and values.

Internet Governance and International Human Rights

The impacts of Internet companies on human rights should be viewed in the context of how the Internet is governed and regulated nationally and internationally. This is a controversial topic provoking strong opinions among many stakeholders (representing governments, business and civil society) across the world. The UN promoted a World Summit on the Information Society (WSIS) involving 175 countries in two phases (Geneva 2003 and Tunis 2005) to try to develop a framework for global Internet governance.10 In the end, the Tunis meeting, unable to agree on how to govern the Internet, decided to leave much of the control where it currently resides – concentrated in the hands of the US-based Internet Corporation for Assigned Names and Numbers (ICANN). The failure to reach a binding agreement on the future of Internet governance, or even what the term should encompass, ended with a compromise agreement to set up a consultative Internet Governance Forum which will meet for the first time in Athens in November 2006.

Ensuring respect for human rights, including freedom of expression, is a vital component in creating the Information Society. As UN Secretary General Kofi Annan stated in his address to the Tunis WSIS meeting:

“And of course, the information society’s very life blood is freedom. It is freedom that enables citizens everywhere to benefit from knowledge, journalists to do their essential work, and citizens to hold government accountable. Without openness, without the right to seek, receive and impart information and ideas through any media and regardless of frontiers, the information revolution will stall, and the information society we hope to build will be stillborn. Similarly, the Declaration of Principles agreed by the WSIS in Geneva and reaffirmed in Tunis emphasizes the importance of respecting human rights in developing the Information Society.”

This is reflected in the following clauses:

We reaffirm, as an essential foundation of the Information Society, and as outlined in Article 19 of the Universal Declaration of Human Rights, that everyone has the right to freedom of opinion and expression; that this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Communication is a fundamental social process, a basic human need and the foundation of all social organization. It is central to the Information Society. Everyone everywhere should have the opportunity to participate and no one should be excluded from the benefits the Information Society offers.

We further reaffirm our commitment to the provisions of Article 29 of the Universal Declaration of Human Rights, that everyone has duties to the community in which alone the free and full development of their personality is possible, and that, in the exercise of their rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. In this way, we shall promote an Information Society where human dignity is respected.

To make these pledges a reality, in preparing for the inaugural Internet Governance Forum, the WSIS Civil Society Human Rights caucus, a coalition of 65 organizations, has highlighted concerns over the implications of Internet policies for freedom of expression and the protection of privacy. It seeks to ensure that all Internet policies have human rights protection as their baseline. It also seeks to establish an Independent Commission on the Information Society and Human Rights composed of experts in relevant fields, with a broad geographical representation, to monitor and assess relevant legislation and policies to ensure that these are compliant with international human rights standards. Improvements to the governance of the Internet with regard to human rights will make it more likely that companies providing information and communications technology services respect human rights.

Recent Advancement in Human Rights and the Right of Freedom of Expression in Different Countries [5]

The advances made in Human Rights and The Right of Freedom of Expression were hard won and challenging to sustain. While some countries made significant progress, some lagged and others regressed. As the range of examples below demonstrates, the performance of countries varied greatly, depending on factors such as the degree of governmental commitment, institutional capacity, the extent of corruption, and the strength of civil society.

Liberia

In January 2006 Liberia's democratically elected Unity Party government, led by Ellen Johnson-Sirleaf, the first female head of state in Africa, replaced the National Transitional Government of Liberia, which had served as the interim government since the end of a ruinous 14-year civil war in 2003. The government took significant steps to correct past human rights deficiencies, including working with international partners to rehabilitate the country's justice sector and establishing a public defender's office in the capital. The president dismissed or suspended a number of corrupt government officials. The Truth and Reconciliation Commission, established in 2005 to investigate human rights violations and war crimes committed during the civil war, began taking statements from witnesses. Despite this progress, Liberia continued to face serious human rights challenges, including a still weak judiciary, official corruption and impunity, gender based violence, and extreme poverty that led to child labor.

Indonesia and in East Timor

Substantial reductions in killings by the armed forces and the police in politically sensitive areas of Indonesia continued during the year. Fifty-four generally free and fair elections were held at the provincial, regency, district, and municipal levels, most notably in December in Aceh, where a former rebel field commander won the governorship. Although inter-communal religious violence generally abated, it nonetheless persisted in some areas. The government and the courts were unable to confront past human rights abuses and atrocities both in Indonesia and in East Timor.

Morocco

Morocco's human rights record showed notable progress, although problems remained. The government began to address past human rights abuses by providing compensation through the Consultative Council on Human Rights for specific cases of arrest, disappearance, and abuse during the period between 1956 and 1999. In March the government enacted an antitorture law, although reports of torture by various branches of the security forces persisted. There was extensive and largely open debate in public and in the press, despite continuing restrictions on freedom of the press and speech. During the year the government punished some journalists who violated limitations on free speech, and many journalists practiced self censorship. Trafficking in persons, particularly for sexual exploitation, and child labor remained issues of concern; however, both the government and civil society were increasingly active in addressing them.

Congo

The Democratic Republic of the Congo held its first democratic presidential and legislative elections in more than 45 years, putting an end to a three-year post civil war transitional period. A new constitution went into force. Yet, the human rights record remained poor. In addition to simmering conflict in the east, where government control remained weak and armed groups continued to commit serious abuses, government security forces across the country also committed serious abuses with impunity.

Haiti

In Haiti, citizens demonstrated their commitment to democracy by going to the polls three times in 2006. More than 3.5 million citizens registered to vote, and an impressive turnout estimated at more than 70 percent of registered voters participated in the first round of presidential and parliamentary elections in February. After a relatively stable and violence-free election process, voters selected President Rene Preval and filled 129 parliamentary seats. In December, Haiti held its first municipal elections in more than a decade. Yet much remains to be done to restore fully the rule of law, including an overhaul of Haiti's dysfunctional judicial system and the continued retraining and vetting of the Haitian National Police.

Ukraine

In Ukraine, notable post-Orange Revolution progress in human rights performance continued to be made. The March 2006 parliamentary elections were the freest in 15 years of independence. The country continued to make improvements in press freedom, freedom of association, and the development of civil society. Despite these gains, a number of serious problems remained, including corruption in all branches of government.

Kyrgyzstan

Although Kyrgyzstan's human rights record had improved considerably following the change to democratically elected leadership in 2005, during 2006 a week of mass yet peaceful protests culminated in the hasty adoption of an amended constitution that offered the possibility for genuine checks and balances. At the end of December, however, parliament passed another constitution negating many key checks and balances. The government also harassed foreign-funded nongovernmental organizations (NGOs).

Pakistan

Despite President Musharraf's stated commitment to democratic transition and "enlightened moderation," Pakistan's human rights record continued to be poor. Restrictions remained on freedom of movement, expression, association, and religion. Disappearances of provincial activists and political opponents continued, especially in provinces experiencing internal turmoil and insurgencies. The security forces continued to commit extrajudicial killings. Arbitrary arrest and torture remained common. Corruption was pervasive throughout the government and police forces. On a positive note, in December the National Assembly passed and President Musharraf signed the Women's Protection Bill - marking the first time in three decades that a Pakistan government successfully rolled back laws detrimental to women's rights. The law amends the 1979 rape and adultery provision of the Hudood Ordinance by transferring the offense of rape from Pakistan Sharia law to the Pakistan Penal Code. The law also eliminates the requirement for rape victims to present four male witnesses to press charges.

Egypt

Though Egypt held a first-ever, multi-party presidential election in 2005, in 2006 public calls for greater democratization and accountability sometimes met with strong government reaction. The continued imprisonment of former presidential candidate Ayman Nour raised serious concerns about the path of political reform and democracy in the country. Continuing a trend begun in 2005, the government arrested and detained hundreds of activists affiliated with the banned but tolerated Muslim Brotherhood, generally for periods lasting several weeks. Two senior judges were brought in for questioning in February for publicly calling for an independent judiciary. Egyptian police arrested and detained over 500 activists for participating in demonstrations in support of judicial independence. In addition, severe cases of torture by authorities were documented. The government also arrested, detained, and abused several Internet bloggers.

Kazakhstan

In Kazakhstan, the government restricted the functioning of the political opposition by enforcing onerous registration requirements and hindering or denying political party registration. The merging of pro government parties consolidated the firm leadership of President Nazarbayev's Otan Party and left less political space to express alternative views and advocate for reform. The government harassed the political opposition via politically motivated charges and restrictions on freedom of assembly, passed laws restricting press freedom, and harassed NGOs.

Russia

Russia experienced continuing centralization of power in the executive branch, including amendments to election laws and new legislation for political parties that grants the government broad powers to regulate, investigate, limit, and even close down parties. Taken together with a compliant State Duma, corruption and selectivity in law enforcement, political pressure on the judiciary, and restrictions on the NGOs and the media, these trends resulted in the further erosion of government accountability. In Chechnya and other areas of the North Caucasus, serious human rights violations continued, including unlawful killings and abuses of civilians by both federal and Chechen Republic security forces.

Rebel fighters committed terrorist bombings and politically motivated disappearances in the region. In a growing number of cases, the European Court of Human Rights held Russia responsible for these abuses.

Venezuela

In Venezuela, the Chavez government continued to consolidate power in the executive branch. The government continued to harass the opposition and NGOs and to weaken judicial independence. International observers judged generally free and fair the December presidential elections, in which President Chavez won reelection with 63 percent of the vote. In his inaugural address, President Chavez asked the National Assembly, in which his parties control 100 percent of the seats, to grant him power to rule by executive decree.

Fiji

In Fiji and Thailand, militaries overthrew democratically elected governments. A second sobering reality is that insecurity due to internal and/or cross-border conflict can threaten or thwart advancements in human rights and democratic government.

Iraq

Despite the Iraqi government's continuing commitment to foster national reconciliation and reconstruction, keep to an electoral course, and establish the rule of law, both deepening sectarian violence and acts of terrorism seriously undercut human rights and democratic progress during 2006. Although the Iraqi constitution and law provide a strong framework for the protection of human rights, armed groups attacked human rights from two different directions: those proclaiming their hostility to the government Al Qa'ida terrorists, irreconcilable remnants of the Ba'athist regime, and insurgents waging guerrilla warfare; and members of Shi'a militias and individual ministries' security forces nominally allied with the government--who committed torture and other abuses.

Afghanistan

Although Afghanistan made important human rights progress since the fall of the Taliban in 2001, its human rights record remained poor. This was mainly due to weak central institutions and a deadly insurgency: the Taliban, Al-Qa'ida, and other extremist groups stepped up attacks against government officials, security forces, NGOs and other aid personnel, and unarmed civilians; and the number of suicide bombings rose dramatically during the year, as did attacks on schools and teachers. There were continued reports of cases of arbitrary arrests and detention, extrajudicial killings, torture, and poor prison conditions. In December President Karzai launched a Transitional Justice Action Plan designed to address past violations of human rights and improve the institutional capacity of the justice system.

North Korea

In 2006 North Korea remained one of the world's most isolated and repressive regimes. The regime controls almost all aspects of citizens' lives, denying freedom of speech, press, assembly, and association, and restricts freedom of movement and worker rights. The constitution provides for "freedom of religious belief," but genuine religious freedom does not exist. An estimated 150,000 to 200,000 people, including political prisoners, were held in detention camps, and many prisoners died from torture, starvation, disease, and exposure.

Burma

The military government in Burma extensively used executions, rape, torture, arbitrary detention, and forced relocation of entire villages, particularly of ethnic minorities, to maintain its grip on power. Prisoners and detainees were subjected to abuse and held in harsh, life-threatening conditions. Surveillance, harassment, and imprisonment of political activists continued; Nobel Laureate and opposition leader Aung San Suu Kyi remained incommunicado under house arrest, and over 1,100 political prisoners languished in prison. The use of forced labor, trafficking in persons, conscription of child soldiers, and religious discrimination remained widespread. The government reconvened the sham National Convention, handpicking delegates and prohibiting free debate. Touted as part of a "democracy road map", the convention was designed to nullify the results of the 1990 election and adopt a new, regime-friendly constitution. The regime's cruel and destructive misrule also resulted in refugee outflows, the spread of infectious diseases, and the trafficking of drugs and human beings into neighboring countries.

Iran

The Iranian government flagrantly violated freedom of speech and assembly, intensifying its crackdown against dissidents, journalists, and reformers a crackdown characterized by arbitrary arrests and detentions, torture, disappearances, the use of excessive force, and the widespread denial of fair public trials. The government continued to detain and abuse Baha'is and other religious minorities and hosted a widely condemned conference denying the existence of the Holocaust. In the lead-up to the December 15 Assembly of Experts elections in Iran, more than two-thirds of those who had applied to run including all female candidates were disqualified leaving many seats uncontested. Hundreds of candidates in nationwide municipal elections also were disqualified. The government continued to flout domestic and international calls for responsible government in 2006 by supporting terrorist movements in Syria and Lebanon as well as calling for the destruction of a UN member state. Press freedom was at an all-time low in Iran, as the government closed independent newspapers Shargh and Iran, blocked access to Internet news sites--including the New York Times and BBC Farsi--and jailed journalists and bloggers. The authorities used bans against leaving the country as a weapon against journalists.

Zimbabwe

In Zimbabwe, the Mugabe government continued across-the-board violations of Human

Rights. Official corruption and impunity were widespread. The 2002 Official Secrets Act and Public Order and Security Act remained in effect, severely restricting civil liberties. In the 2006 parliamentary by-elections and rural district council elections, the government's manipulation of the electoral process disenfranchised voters and skewed elections in favor of ruling party candidates. The ruling party's dominance permitted constitutional changes without wide consultation. Security forces harassed, beat, and arbitrarily arrested critics and opposition supporters. Disruptions at farms and seizures of property continued and were sometimes violent. The campaign of forced evictions, which left 700,000 people homeless during Operation Restore Order in 2005, continued on a lesser scale. The government interfered with humanitarian organizations' efforts to provide assistance. In December Mugabe and his loyalists proposed extending his term for two years by deferring presidential elections to 2010.

Cuba

In Cuba, the government, temporarily headed by Raul Castro due to Fidel Castro's illness, continued to violate virtually all the rights of its citizens, including the fundamental right to change their government peacefully or criticize the revolution or its leaders. In 2006 the government increased its harassment of dissidents and other citizens viewed as threats to the government, often through mob actions called "acts of repudiation" involving verbal abuse and physical attacks. Beatings and abuse of detainees and prisoners also were carried out with impunity. Although token releases of prisoners occurred during the year, at least 283 political prisoners and detainees were held at year's end, including 59 of 75 pro democracy and human rights activists imprisoned in a March 2003 crackdown.

China

The Chinese government's human rights record deteriorated in some areas in 2006. There was an increased number of high-profile cases involving the monitoring, harassment, detention, and imprisonment of political and religious activists, journalists, and writers as well as defense lawyers seeking to exercise their rights under the law. Some of their family members also were harassed and detained. Large numbers of mass demonstrations and protests calling for redress of grievances continued and in some cases were violently suppressed. New government controls were imposed on: NGOs; the media, including the Internet; and courts and judges. Repression of unregistered religious groups and of minority groups, in particular Uighurs and Tibetans, remained a serious concern.

Belarus

In Belarus, the Lukashenko government continued and intensified its repressive policies. The March presidential election was severely flawed. Up to 1,000 people were arrested in an ensuing crackdown on public protests against the results and many were sentenced to short jail terms. More activists and opposition members, including Aleksander Kozulin, who ran against Lukashenko in the presidential race, were sentenced to jail terms ranging from 2 to 5 ½ years.

Eritrea

The Eritrean government continued to be one of the most repressive in Sub-Saharan Africa, and its human rights record worsened in 2006. Government security forces committed extrajudicial killings; there were credible reports that security forces shot on sight individuals trying to cross the border into Ethiopia. The government escalated its campaign of arresting national service evaders as well as their relatives, and there also were credible reports indicating that some of those arrested were tortured. As it did in 2005, the government ordered several international humanitarian NGOs to leave the country, despite a severe drought in the Horn of Africa. There were continued severe restrictions on religious freedom. The fourth sobering reality is that as the worldwide push for greater personal and political freedom grows stronger, it is being met with increasing resistance from those who feel threatened by political and societal change.

Human rights defenders and nongovernmental organizations are essential to a nation's success. In today's world, the problems confronting states are too complex even for the most powerful to tackle alone. The contributions of civil society and the free flow of ideas and information are crucial in addressing a host of domestic and international challenges. Restricting the political space of NGOs and public debate only limits a society's own growth.

Belarus

In Belarus, onerous tax inspections and NGO registration requirements made it difficult for civil society organizations to operate, and attacks against members of the independent media continued. In November pro democracy activist Dmitriy Dashkevich was sentenced to 18 months in prison for operating an unregistered NGO.

Kazakhstan

The government of Kazakhstan registered the opposition True Ak Zhol party after one of its co-chairmen, Sarsenbaiuly, was killed and restrictively interpreted Article 5 of the constitution to suspend foreign-funded, nonpartisan political party training activities, asserting that providing information is tantamount to financing political parties. In July President Nazarbayev signed into law restrictive media amendments deemed a step backward by the Organization for Security and Cooperation in Europe's Freedom of Media Representative. The government continued to use restrictive libel laws to fine, convict, and suspend media outlets, journalists, and critics. In April a member of a suspended media outlet was brutally beaten.

Turkmenistan

Freedom of expression, association and assembly are tightly restricted in Turkmenistan, and the government sought to control all NGO activity. Foreign origin satellite television is accessible throughout the country, but the government controlled all domestic media, and local journalists were prohibited from all contact with foreigners unless specifically permitted. Very limited Internet access was provided through government-owned Turkmen Telecom; no new accounts were allowed in the capital since September 2002. In August the government arrested journalists Ogulspapar Myradova, Annakurban Amanklichev, and Sapardurdy Hajiyev and sentenced them to six to seven years of imprisonment for weapons possession in a closed, summary trial. In September Myradova, a Radio Free Europe/Radio Liberty correspondent, died in prison under suspicious circumstances. NGOs have reported that she and her two colleagues were tortured during detention in the summer to extract confessions of weapons possession. On December 21, President Saparmurat Niyazov died.

Uzbekistan

The Government of Uzbekistan sought to control most NGO activity and closed down over 200 civil society organizations, including international NGOs operating in the country, citing alleged violations of the law. Independent journalists and human rights activists continued to be persecuted.

Syria

The Syrian government strictly controlled the dissemination of information and prohibited criticism of the government and discussion of sectarian issues, including religious and minority rights. There were detentions and beatings for individual expressions of opinion that violated these restrictions, for example the February arrest of journalist Adel Mahfouz after he called for interfaith dialogue following the controversy surrounding the depiction of the Prophet Muhammad in cartoons. The government relied on its press and publication laws, the penal code, and the Emergency Law to censor access to the Internet, and it restricted electronic media. Harassment of domestic human rights activists also occurred, including regular close surveillance and the imposition of travel bans when they sought to attend workshops and conferences outside the country.

Burundi

In Burundi, there was an increase in the arrest, detention, and intimidation of journalists and human rights activists by the government; among many other individuals, police arrested and detained for several months the president of the country's leading anticorruption NGO. A governor of one province reportedly called the country's leading human rights NGO, League Iteka, an enemy of peace, and in November a government official announced that 32 registered international NGOs in the country could face expulsion for failure to submit mandatory annual reports to the government.

Rwanda

In Rwanda, there was a restrictive atmosphere for the functioning of civil society. Domestic and international NGOs are required by law to register each year and to provide reports to the government on their activities. Authorities reportedly required some NGOs to obtain government authorization for some projects before being allowed to access international donor funds. In addition, all NGOs were expected to join a collective intended to manage their activities.

Vietnam

Vietnam continued to monitor and restrict the Internet, blocking international human rights and news websites. Laws allow citizens to complain openly about inefficient government and corruption, but the government continued to prohibit the press from drafting articles that questioned the role of the Communist Party, promoted pluralism or multiparty democracy, or questioned human rights policy. The government forbids direct access to the Internet through Independent Service Providers and requires cybercafé owners to register the personal information of their customers and the sites visited. The government released several high profile political and religious dissidents, including Dr. Pham Hong Son, who was imprisoned for translating articles on democracy and disseminating them over the Internet.

The Conflict of Laws

Conflict of laws is an institution of international law and international interstate law that regulates all law suits involving a "foreign" law element where different judgments will result depending on which jurisdiction's laws are applied as the lex causae. In civil law systems, private international law is a branch of the internal legal system dealing with the determination of which state law is applicable to situations crossing over the borders of one particular state and involving a "foreign element" (élément d'extranéité), (collisions of law, conflict of laws). Lato sensu (at large) it also includes international civil procedure and international commercial arbitration (collisions of jurisdiction, conflict of jurisdictions), as well as citizenship law (which strictly speaking is part of public law).

In common law systems, conflict of laws, firstly, is concerned with determining whether the proposed forum has jurisdiction to adjudicate and is the appropriate venue for dealing with the dispute, and, secondly, with determining which of the competing state's laws are to be applied to resolve the dispute. It also deals with the enforcement of foreign judgments.

There are two major streams of legal thought on the nature of conflict of laws. One group of researchers regards Conflict of Laws as a part of international law, claiming that its norms are uniform, universal and obligatory for all states. This stream of legal thought in Conflict of Laws is called "universalism". Other researchers maintain the view that each State creates its own unique norms of Conflict of Laws pursuing its own policy. This theory is called "particularism" in Conflict of Laws.

Private international law is divided on two major areas:

Private international law "sensu stricto" (narrow sense) comprising conflict of laws rules which determine the law of which country (state) is applicable to specific relations.
Private international law "sensu lato" (broader sense) which comprises private international law "sensu stricto" (conflict of laws rules) and material legal norms which have direct extraterritorial character and are imperatively applied (material norms of law crossing the borders of State) - usually regulations on real property, consumer law, currency control regulations, insurance and banking regulations.

The Stages in a Conflict Case

1. The court must first decide whether it has jurisdiction and, if so, whether it is the appropriate venue given the problem of forum shopping.

2. The next step is the characterization of the cause of action into its component legal categories which may sometimes involve an incidental (also note the distinction between procedural and substantive laws).

3. Each legal category has one or more choice of law rules to determine which of the competing laws should be applied to each issue. A key element in this may be the rules on renvoi.

4. Once the applicable law is decided, that law must be proved before the forum court and applied to reach a judgment.

5. The successful party must then enforce the judgment which will first involve the task of securing cross-border recognition of the judgment.

In those states with an underdeveloped set of Conflict rules, decisions on jurisdiction tend to be made on an ad hoc basis, with such choice of law rules as have been developed embedded into each subject area of private law and tending to favor the application of the lex fori or local law. In states with a more mature system, the set of Conflict rules stands apart from the local private civil law and adopts a more international point of view both in its terminology and concepts. For example, in the European Union, all major jurisdictional matters are regulated under the Brussels Regime, e.g. the rule of lis alibi pendens from Brussels 1 Regulation applies in the Member States and its interpretation is controlled by the European Court of Justice rather than by local courts. That and other elements of the Conflict rules are produced supranational and implemented by treaty or convention. Because these rules are directly connected with aspects of sovereignty and the extraterritorial application of laws in the courts of the signatory states, they take on a flavor of public rather than private law because each state is compromising the usual expectations of their own citizens that they will have access to their local courts, and that local laws will apply in those local courts. Such aspects of public policy have direct constitutional significance whether applied in the European context or in federated nations such as the United States, Canada, and Australia where the courts have to contend not only with jurisdiction and law conflicts between the constituent states or territories, but also as between state and federal courts, and as between constituent states and relevant laws from other states outside the federation.

Harmonization

To apply one national legal system as against another may never be an entirely satisfactory approach. The parties' interests may always be better protected by applying a law conceived with international realities in mind. The Hague Conference on Private International Law is a treaty organization that oversees conventions designed to develop a uniform system. The deliberations of the conference have recently been the subject of controversy over the extent of cross-border jurisdiction on electronic commerce and defamation issues. There is a general recognition that there is a need for an international law of contracts: for example, many nations have ratified the Vienna Convention on the International Sale of Goods, the Rome Convention on the Law Applicable to Contractual Obligations offers less specialized uniformity, and there is support for the UNIDROIT Principles of International Commercial Contracts, a private restatement, all of which represent continuing efforts to produce international standards as the internet and other technologies encourage ever more interstate commerce. But other branches of the law are less well served and the dominant trend remains the role of the forum law rather than a supranational system for Conflict purposes. Even the EU, which has institutions capable of creating uniform rules with direct effect, has failed to produce a universal system for the common market. Nevertheless, the Treaty of Amsterdam does confer authority on the Community's institutions to legislate by Council Regulation in this area with supranational effect. Article 177 would give the Court of Justice jurisdiction to interpret and apply their principles so, if the political will arises, uniformity may gradually emerge in letter. Whether the domestic courts of the Member States would be consistent in applying those letters is speculative. [6]

Conclusion

In the last decades of the 20th century and in the first one of the 21st, we have seen an enormous increment of the interdependence and interconnectedness of the different communities in the world. That proximity is not recently-born; it is a process developed through history, but there has been clear burst lately. This new scenario is commonly called “globalization”, and can be defined as “those trends, processes and interactions which are making the world more interdependent in many complex ways, in respect of communications, cultures, language and politics, and not just the alleged development of a single world

[1] Article 1: Universal Declaration of Human Rights 1948.

[2] Undermining freedom of expression Amnesty International.

[3] Upendra Baxi. 1994. Inhuman Wrongs and Human Rights pg 194-196.

[4] Courtesy: The Library and publications of Minhaj Ul Quran Lahore.

[5] Country Reports on Human Rights Practices - Released by the Bureau of Democracy, Human Rights, and Lab United States of America 2009

[6] American Law Institute. Restatement of the Law, Second: Conflict of Laws. St. Paul: American Law Institute.

Book Publishing (21-Dec-2009)

2010-01-01T02:21:00.001-08:00

Dear All,

I am very pleased to announce all of you that my Book (Based on My LLM Dissertation) on the Topic of, "The Laws and Justice System in FATA with Recommendations for Reformations" is published now (21-Dec-2009).

ISBN# 978-3-8383-1603-1

Here's the link:

http://www.amazon.com/s/ref=nb_ss?url=search-alias%3Daps&field-keywords=978-3-8383-1603-1&x=0&y=0

(Please also write your reviews and comments on above link)

This is indeed a very small effort from myself to assure the Tribal People that being in the so-called safest part of the Pakistan, we are equally affected, saddened and grief stricken due to this operation in North-Western part of Pakistan. Pakistan has currently witnessed the largest repatriation movement in modern history, for more than two decades Pakistan hosted the largest single refugee population in the world and they were accommodated in the North-Western part of Pakistan. It was estimated that 1.1 million refugees remained in refugee camps at the start of 2003, after more than 1.5 million repatriated the previous year. In addition, an unknown but substantial number of Afghans were known to live in Pakistan's urban areas.

In the current situation, Federally Administered Tribal Areas (FATA) evoke feelings of an area where civilization is yet to enter. Where people are averse to any outside influence and criminal activities are common, rather protected and appreciated. The reality, however, is absolutely different. The people of this deprived region need and love peace and development. Groaning under grinding poverty and lack of resources for a long time, they look up to the Government to pay due attention to their genuine needs to progress. They need schools, colleges, hospitals, roads and economic opportunities, like other people, to lead a respectable and secure life. An all encompassing development strategy can ensure the achievement of these goals and also act as a bulwark against the rising tide of extremism and militancy in the area. The geographical location of FATA should not become a disadvantage for the people rather it should be used as an opportunity for prosperity.

This dissertation prognosticates the laws and Justice System in FATA its impacts, causes, losses and future strategy to control the situation. The administrative system in tribal area is destabilized and there is need to improve, reform and specially strengthen the Laws & Justice system of FATA otherwise its effects could spillover to the whole country.

Finally I would like to extend my warmest thanks and appreciation to those closest to me, especialy to my parents; for their constant encouragement and support who has been my 'rock'; giving me support and tireless encouragement, especially in this last year.

--
Best Regards,

Naveed Ahmed
Tel: (+92)-333-4844561
Blog: http://nedahmed.blogspot.com
Email: nedahmed@gmail.com

Why Obama's Nobel Peace Prize is Deserved By Khan Arif

2009-10-13T21:59:00.000-07:00

Courtesy: Mr. Arif Khan

ank2000pk@yahoo.com

Not only Muslim world at large but many Westerners and Americans

were surprised as Nobel Peace award was announced for Obama

and most Moslems are critical because of unprincipled support to

Israel, India over nuclear deal and Kashmir, continued occupation of

Afghanistan and Iraq and bullying attitude toward Iran and failing

to meet the requirements of Pakistan in dealing with war on terror

imposed on Pakistan because of US interference.

Why Obama's Nobel Peace Prize is Deserved

Republicans apparently have one more thing to hate about President

Barack Obama now that he has won the Nobel Peace Prize, beating out 200

other candidates for addressing the threat of global warming; for

trying to rid the world of nuclear weapons; and for attempting to

achieve a global peace.

In Oslo, Nobel Committee Chairman Thorbjørn Jagland said "Only very

rarely has a person to the same extent as Obama captured the world's

attention and given its people hope for a better future. We are not

awarding the prize for what may happen in the future, but for what he

has done in the previous year. We would hope this will enhance what he

is trying to do."

Right-wingers are unsurprisingly outraged, calling Obama's award a

travesty, claiming the president hasn't yet "accomplished" anything

that would merit such an honor. As the news broke Friday, conservative

pundits were in high-gear robotically regurgitating the primary talking

point that Obama won the award simply for not being George W. Bush.

But let's get something straight here: this is a very proud day for

America. For all Americans. After eight embarrassing, unrepentant years

of reckless cowboy arrogance marred by war, war crimes and human rights

abuses, Obama's Nobel Prize symbolizes the beginning of the Unites

States' return to respectability and perhaps even greatness someday. A

time when the world is looking to America, and its president, for

leadership. This isn't about Bush. It's about Obama and what he

represents on the world's stage.

The notion that Obama's prize is undeserved is absurd and an insult to

every American. First of all, who said the Nobel Committee's criteria

for winning requires candidates to be "accomplished" U.S. presidents?

Or that they even be a U.S. president, for that matter? So the fact

that Obama was selected so soon after his inauguration is totally

irrelevant. This honor isn't about what he's done since January. To the

contrary, it's about how this relatively unknown Midwestern politician

with humble beginnings became the first black president of the United

States by inspiring a nation through a message of peace, hope, and

aspiration...and thus shifted the political and racial winds in this

country and throughout the world. The award is a recognition of Obama's

vision for a new, harmonious planet, and how he's serving as a catalyst

for that change. To say he's won because he's not Bush is grossly

oversimplifying the significance of the prize. Rather, he's undoing the

colossal damage that's been done by Bush. Big difference.

It's been eight years since America's been led by such an intelligent,

inspirational figure as Obama. A president who thinks before he speaks.

One who weighs options before he acts. A president with depth and

intellectual curiosity. A president secure enough in his manhood to be

able to talk with his enemies, rather than simply talk tough. A

peacenik rather than a warmonger. Obama's restored dignity and

diplomacy to the most important office in the world, while setting an

example for everyone else in the quest for peace on Earth. That's why

Obama won the Nobel Peace Prize.

It's unconscionable that on this great day for America, Obama's

achievement has to be turned into something ugly and partisan by a

bunch of un-patriotic, mean-spirited, sore-losing Republican crybabies

who've yet to emotionally get beyond last November...and probably never

will.