Muhammad Zafarullah Khan Explained

Ch. Muhammad Zafarullah Khan
Office:1st Minister of Foreign Affairs
Honorific-Prefix:Justice Sir
Honorific-Suffix:KCSI
Predecessor:Liaquat Ali Khan
Primeminister:Liaquat Ali Khan
Khawaja Nazimuddin
Muhammad Ali Bogra
Successor:Muhammad Ali Bogra
Office2:President of the United Nations General Assembly
Term Start2:1961
Term End2:1962
Predecessor2:Mongi Slim
Successor2:Carlos Sosa Rodríguez
Office3:President of the International Court of Justice
Term Start3:1970
Term End3:1973
Deputy3:Fouad Ammoun
Predecessor3:José Bustamante y Rivero
Successor3:Manfred Lachs
Party:All-India Muslim League (Before 1947)
Muslim League (1947–1958)
Birth Date:1893 2, df=yes
Birth Place:Wazirabad, Punjab, British India
(now Punjab, Pakistan)
Death Place:Lahore, Punjab, Pakistan
Alma Mater:Government College University, Lahore
King's College London
Term Start:27 December 1947
Term End:24 October 1954
Native Name Lang:ur

Sir Chaudhry Muhammad Zafarullah Khan (Urdu: {{Nastaliq|محمد ظفر اللہ خان‎; 6 February 1893 – 1 September 1985) was a Pakistani jurist and diplomat who served as the first Foreign Minister of Pakistan. After serving as foreign minister he continued his international career and is the only Pakistani to preside over the International Court of Justice.[1] He also served as the President of the UN General Assembly. He is the only person to date to serve as the President of both UN General Assembly and the International Court of Justice.[2] [3]

Khan became one of the most vocal proponents of Pakistan and led the case for the separate nation in the Radcliffe Commission which drew the countries of modern-day South Asia.[4] [5] He moved to Karachi in August 1947 and became a member of Pakistan's first cabinet serving as the country's debut foreign minister under the Liaquat administration. He remained Pakistan's top diplomat until 1954 when he left to serve on the International Court of Justice and remained on the court as a judge until 1958 when he became the court's vice president. He left the Hague in 1961 to become the Permanent Representative of Pakistan to the United Nations, a position he served until 1964.[6]

During his time at the UN, he also represented the State of Palestine in a de facto capacity.[7] He left the UN in 1964 to return to the ICJ and, in 1970, he became the first and only Pakistani to serve as the President of the International Court of Justice, a position he maintained until 1973.[8] He returned to Pakistan and retired in Lahore where he died in 1985 at the age of 92. Khan is considered one of the leading founding fathers of Pakistan[9] and a prominent figure in Pakistan.[10] He authored several books on Islam both in Urdu and English.[11]

Family and early life

Family

Chaudhry Zafarullah Khan was born on 6 February 1893 in the City of Sialkot in Sialkot District.[12] His family were Zamindars of Sahi Jat extraction based around Daska and were of the headman of their village the other being a Sahi Sikh Sardar. Khan's family had suffered a decline during the Sikh era due to government favoritism towards Sikhs and the early death of his Great Grandfather which resulted in his grandfather, Chaudhry Sikandar Khan to become the village headman in his adolescence. However, over time, Chaudhry Sikander Khan regained much of the family's status and became a widely respected around Daska. Sikandar Khan's son and Zafarullah Khan's father, Chaudhry Nasrullah Khan became part of the first wave of Landed Gentry of Sialkot to receive a western education and became one of the most prominent lawyers of Sialkot district. Both of his parents were deeply religious members of the Ahmadiyya Muslim movement.

Khan's mother, Hussain Bibi, belonged to a well to do Zamindar family hailing from the Bajwa tribe of Jats. She was his father's maternal first cousin. Hussain Bibi and Zafarullah Khan were incredibly close and Khan called her the most powerful influence in his life. Hussain Bibi was deeply religious and was known for her exceptionally firm belief in God. Hussain Bibi had lost her first two children in their infancy. Relatives thought it was because she had refused to give offerings demanded by Jai Devi, a self acclaimed village witch, who villagers thought delved in black magic. They urged her to appease Jai Devi, however, Hussain Bibi bluntly refused even after mounting pressure from the family after the second infant's death. Arguing that she would gladly give charity to Jai Devi but since Jai Devi had claimed to control her infants ability to live or die she could not as it violated her faith. Stating that it would be tantamount to Shirk as only Allah controlled who lived or died. Bajwa Jutts cannot be Muslims due to the code of jutts which does not allows to marry first cousins. This practice to marry first cousins is prevalent among Arabians and is thought of as a part of Islam.

Education

He studied at Government College, Lahore and received his L.L.B. from King's College London in 1914. He was called to the bar at Lincoln's Inn, London. He practised law in Sialkot and Lahore, became a member of the Punjab Legislative Council in 1926.[13]

Career

Muhammad Zafarullah Khan practiced law in Colonial India. He was the counsel for the Ahmadiyya cause in two landmark judgements.[14] In 1916, the Patna High Court gave a verdict on the case Hakim Khalil Ahmad Vs. Malik Israfil which gave Ahmadis the right to use religious places of Islam for prayers.[15] In 1922, the Madras High Court acknowledged Ahmadiyya as being a part of Islam in its verdict on the case Narantakath Avullah v. Parakkal Mammu.[16]

Zafarullah was elected a member of the Punjab Legislative Council in 1926 and presided at the Delhi meeting of the All-India Muslim League in 1931, where he advocated the cause of the Indian Muslims through his presidential address. He participated at the Round Table Conferences held from 1930 to 1932 and became the Minister of Railways in May 1935. In 1939, he represented India at the League of Nations. He was appointed the Agent General of India in China in 1942 and represented India as the Indian Government's nominee at the Commonwealth Relations Conference in 1945, where he spoke on India's cause for freedom.

From 1935 to 1941, he was a member of the Executive Council of the Viceroy of India. Sir Zafarullah Khan prepared a note on the future of the dominion status of India analyzing the future prospects of the "Dominion Status".[17] [18] [19] It took into account concerns of Muslims and ultimately proposed a plan to divide the subcontinent. This note was sent to Lord Zetland, Secretary of State for India, as referred in a letter[20] by Lord Linlithgow dated 12 March 1940.

Lord Linlithgow, however, had not a complete grasp of contents in the analytic note prepared by Sir Zafarullah Khan at the time it was sent to the Secretary of India.[21] A copy of this note was sent to Jinnah. Sir Zafarullah Khan's proposal of a two-state solution for the Indian Federation was adopted by the Muslim League with a view to give it full publicity in the forthcoming session at Lahore 22–24 March.

In September 1941, Zafarullah Khan was appointed a Judge of the Federal Court of India, a position he held until June 1947. At the request of Muhammad Ali Jinnah, he represented the Muslim League in July 1947 before the Radcliffe Boundary Commission and presented the case of the Muslims in a highly commendable manner. Zafarullah Khan advised the Nawab of Junagadh that if he decided to join his state with Pakistan, it would be both moral and legal. The Nawab then proceeded to announce his decision.[22]

In October 1947, Zafarullah Khan represented Pakistan at the United Nations General Assembly as head of the Pakistani delegation and advocated the position of the Muslim world on the Palestinian issue. On October 28, he was appointed chairman of Subcommittee 2 of the Ad Hoc Committee on the Palestinian Question upon the resignation of the previous chairman.[23] That year, he was appointed Pakistan's first Foreign Minister, a post he held for seven years. Between 1948 and 1954, he also represented Pakistan at the United Nations Security Council where he advocated for the liberation of occupied Kashmir, Libya, Northern Ireland, Eritrea, Somalia, Sudan, Tunisia, Morocco, and Indonesia.

As Foreign Minister, he represented Pakistan at the Manila Treaty Conference in September 1954. Support for the Manila Pact in Pakistan was divided, with West Pakistan dominated army and a handful of leaders in favour of this, while most elected members of the Constituent Assembly from West Pakistan and all of the Assembly members from East Pakistan opposed it. Zafarullah signed the Manila Pact, committing to Pakistan's accession to the Southeast Asia Treaty Organization (SEATO).

In 1954, he became a Judge at the International Court of Justice (ICJ) in The Hague, a position he held until 1961. He was the Vice-President of the International Court of Justice from 1958 to 1961. Between 1961 and 1964, he was Pakistan's Permanent Representative at the United Nations. From 1962 to 1964, he was also the President of the UN General Assembly. He later rejoined the ICJ as a judge from 1964 to 1973, serving as president from 1970 to 1973.[24]

In 1982, the first ever Provisional World Parliament (PWP) met in Brighton, U.K. at the Royal Pavilion was presided over by him.[25] [26]

Religion

As an Ahmadi, Zafarullah Khan held the office of Ameer (president) of the Lahore, Pakistan chapter of the Community from 1919 to 1935.[2] He served as Secretary to Khalifatul Masih II, the second successor of Mirza Ghulam Ahmad, at the Majlis-e-Shura (Consultative Council) for the first time in 1924, and continued to do so for 17 more sessions. In addition, he was a member of the delegation which represented the Ahmadiyya Community at the All Parties Conference held in 1924. In 1927, he acted successfully as representative counsel for the Muslims of the Punjab in the contempt of court case against the Muslim Outlook.[2]

As Pakistan's first Foreign Minister, Zafarullah Khan addressed the Constituent Assembly of Pakistan in the days leading up to the passing of the Objectives Resolution. The Objectives Resolution, which combined features of both Western and Islamic democracy, is one of the most important documents in the constitutional history of Pakistan. It was designed to provide equal rights for all citizens of Pakistan, regardless of their race, religion or background. Zafarullah Khan was quoted as saying:

In March 1958, Zafarullah Khan performed Umrah and, at the same time, visited the shrine of Muhammad in Medina, Saudi Arabia. During his visit, he met with the King of Saudi Arabia Saud of Saudi Arabia, and stayed at the Royal Palace as a personal guest of the King. In 1967, he returned to Saudi Arabia to perform Hajj, a religious duty that must be carried out at least once in a lifetime by every able-bodied Muslim who can afford to do so.

Legacy

Khan's legacy has been hailed and his paramount role in the creation of Pakistan has been celebrated in the history of Pakistan. He is popularly known by his title Sir Zafarullah Khan, and openly acknowledged that he belonged to the Ahmadiyya Community. He was selected by Muhammad Ali Jinnah as the first Foreign Minister of Pakistan. He was one of the most influential, skilled, and passionate diplomats of his time.

In a personal tribute, King Hussein bin Tallal of Jordan said:

Muhammad Fadhel al-Jamali, a former Prime Minister of Iraq, in a tribute on his death, wrote:

An editorial in Dawn of Karachi stated that:

Bibliography

Books

Speeches

Biographies

External links

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Notes and References

  1. Web site: All Members | International Court of Justice. icj-cij.org. 4 September 2014. https://web.archive.org/web/20160205041546/http://www.icj-cij.org/court/index.php?p1=1&p2=2&p3=2. 5 February 2016. dead.
  2. Web site: Brief Life Sketch of Chaudhry Sir Muhammad Zafarullah Khan . 2 November 2018.
  3. Web site: Presidents of the General Assembly of the United Nations. un.org. 4 September 2014.
  4. Book: Bhattacharya, Samir . Nothing but!. Book three, What price freedom . 2013 . 978-1-4828-1625-9 . India . 1152260969.
  5. Book: Muhammad Zafarullah Khan . The Reminiscences of Zafrulla Khan.
  6. Web site: Chaudhry Sir Muhammad Zafaullah Khan - Nusrat Jahan College. njc.edu.pk. 2016-02-15. https://web.archive.org/web/20160223042131/http://njc.edu.pk/chaudhry-sir-muhammad-zafarullah-khan/. 23 February 2016. dead.
  7. Web site: Khawaja . Hafsa . A forgotten hero Pakistan Today . 25 July 2014 . 2022-04-06 . en-GB.
  8. Web site: All Judges ad hoc International Court of Justice. www.icj-cij.org. 2016-02-15. https://web.archive.org/web/20160303220629/http://www.icj-cij.org/court/index.php?p1=1&p2=5&p3=2&lang=en. 3 March 2016. dead.
  9. Web site: A nation that forgets its heroes will itself soon be forgotten – The Express Tribune Blog. blogs.tribune.com.pk. 2016-02-15.
  10. Web site: Facts are Facts: The Untold Story of India's Partition . 9 March 2011 . Khan, Wali . 40–42 . https://web.archive.org/web/20101219220847/http://www.awaminationalparty.org/books/factsarefacts.pdf . 19 December 2010 . dead .
  11. Web site: Muhammad Zafrulla Khan. Goodreads. 2016-02-15.
  12. Book: Khan, Mhammad Zafarullah. My Mother. The London Mosque. 1981. 16 Gressenhall Road London SW18. 1–3.
  13. The Reminiscences of Sir Muhammad Zafrullah Khan by Columbia University p. 1,238 Web site: THE REMINISCENCES OF SIR MUHAMMAD ZAFRULLA KHAN . 19 February 2014.
  14. Web site: 2016-08-17. Ahmadis and an unsung hero. 2021-06-23. The Indian Express. en.
  15. Book: Khan, Naveeda. Beyond Crisis: Re-evaluating Pakistan. 2012-04-27. Routledge. 978-1-136-51759-4. en.
  16. De. Rohit. November 2010. The Two Husbands of Vera Tiscenko: Apostasy, Conversion, and Divorce in Late Colonial India. Law and History Review. en. 28. 4. 1011–1041. 10.1017/S0738248010000751. 145719142. 1939-9022. free.
  17. Web site: 2013-10-17 . Splitting India V . 2022-04-06 . The Friday Times - Naya Daur . en-US.
  18. Web site: Note by Sir Zafarullah Khan on Dominion Status. MSS EUR F125/135. British Library. 117–150. 6 March 1940.
  19. Web site: Newspaper . the . 2017-07-16 . Pakistan resolution . 2022-04-06 . DAWN.COM . en.
  20. Web site: 12thMarch-1940-Viceroy-to-Zerland-Letter.pdf . 2022-04-06 . Google Docs . 1 January 2022 . https://web.archive.org/web/20220101020706/https://drive.google.com/file/d/1OxMBfg7FQk8fYioJq9BOtJX5gCkZP9tU/view . dead .
  21. Book: India Office Records and Private Papers (1940).. Private correspondence with the Secretary of State. Volume V. British Library. 1940. Mss Eur F125/9. 169–176.
  22. Book: Between Two Fires: Towards an Understanding of Jawaharlal Nehru's Foreign Policy, Volume 2 . Singh, Iqbal . 41–44.
  23. https://www.un.org/unispal/wp-content/uploads/1947/10/b755b788560cd65b8525697b005a9d8e_gapal34.pdf 28 October 1947, UN Ad Hoc Committee on the Palestinian Question, 5th Meeting of the Sub-committee 2 Press Release
  24. Web site: International Court of Justice, Members of the Court. . 19 September 2013 . https://web.archive.org/web/20160205041546/http://www.icj-cij.org/court/index.php?p1=1&p2=2&p3=2 . 5 February 2016 . dead .
  25. Book: Amerasinghe, Terence P. . Emerging World Law, Volume 1 . Institute for Economic Democracy . 2009 . 978-1-933567-16-7 . 61 . en.
  26. Web site: Provisional World Parliament UIA Yearbook Profile Union of International Associations . 2023-07-18 . uia.org.
  27. An English translation of the Friday Sermon delivered by Hazrat Mirza Tahir Ahmad, Khalifatul-Masih IV(rh) on September 6th, 1985 at The Fazl Mosque, London.