Kalabagh Dam, An interesting Prospective

[J M Khan]

I came across this news article that I personally found very interesting. I have no comments personaly. Just thought yall might find it interesting. The article was published in today's Frontier Post (June 27,1998. Yall read the article and tell me what yall think..??
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  Ulema declare Kalabagh dam construction against Shariah
 
F.P. Bureau Report
HYDERABAD - The construction of Kalabagh Dam has been declared as against Islamic Shariah as per a fatwa released with the signatures of as many as 17 prominent Ulema of Sindh. A printed document issued to this effect says that 102 other Ulemas of the Province have supported this Fatwa .
These Uelmas have quoted seven prominent Hadiths in support of their Fatwa. 
The contents of the Fatwa are: "In accordance with Shariah, no such dam can be constructed which obstructs the flow of water of the river. In case, those of the lower areas of a river are caused damage, or if they do not give consent or if they do not give permission, then those in the upper portion of that river neither can obstruct the water of that river nor they can store water ."
The Hadiths quoted in support of this Fatwa are :
First Hadith : (Al-Uqood ul Daryah fee tanqeeh fatawa hamdiya - edition -2, page 842 ) Those on the upper side of the river do not have right to stop water flow towards those on the lower side as those on lower side are declared as "Amir" of the said river, and till the land on lower side are not watered fully ,those on upper side are not entitled to use the water of that river by creating obstructions. It was said by Imam Muazam Hazrat Abdullah bin Masood Raziallah Taala that even if in the past those in the upper portion had been obstructing water in order to make use of it, it is not allowed because it amounts intervention in the pool of a joint river with out the consent of other share holders. 
Second Shariah : (Kitab ul Khiraj Laaby Yousuf - page 102 ) Abu Amlees Qasim bin Abdul Rahman said that he heard from Hazrat Abdullah bin Masood saying that those in lower portion are the masters of a river till their lands are fed with water required by them .
Third Hadith : (Al-Masboot ul sarkhi reh - edition 23 and page 163 ) Hazrat Abdullah bin Masood raz. Said that those in lower portion are entitled to issue orders to those in upper portion of a river, till the lands in lower portion are given full water .
Fourth Hadith : (Kitab ul Khiraj Yahya bin Adam - page 121 - published by Maktibah Ilmia Lahore ) We were told by Ismail. He was told by Hassan. Hassan was told by Yahya. Yahya said he was told by Abu Muawia bin Ishaq and he was told by Mohammad Abu Malik. Mohammad Abu Malik said he was told by his father that the prophet, peace be on him, gave judgment in case of Mahzoor valey Bani Qaritah that infact water is divided in two portions but those in upper side cannot stop its flow towards those in the lower side while those in the lower side can stop it for those in upper side. 
Fifth Hadith : (Badaie Sanaie - edition 6 - page 192 ) A question was asked from Abu Yousuf (reh.) about a river Maru which is a big river. A person cultivated a land, which was lying barren, situated in a place above Maru river. He excavated a canal from that river to irrigate the said land. Imam Abu Yousuf said that with that canal the people of Maru river are caused any damage then the said canal could not be constructed on that river but if no damage is caused then the construction of the said canal cannot be stopped .
Sixth Hadith : (( Hidaya - edition 4 ) Even though, those of upper portion do not use water, they are not entitled to stop water because by doing so the right of others is usurped, but, they can use water with out stopping it flowing to lower side. But, if those in lower side give consent, then those in upper side can use water by obstructing it. But, no river could be obstructed with force except if consent is given by those in lower side. Seventh Hadith : ( Shami - edition 5 - page 291 - published in Egypt ) No one is allowed to obstruct the flow of a river if it causes damage for others .
The Ulemas of Sindh who have signed this Fatwa, are : Maulana Abdul Karim Sahib Qureshi of Khankah Bair Sharif, and central patron of Jamiat ul Ulami Islam Pakistan (JUI), Hazrat Maulana Noor Mohammad Sahib Sujawali, Muhtmam, Jamia Dar ul Fuyooz al Hashmia, Sujawal, District, Thatta, Hazrat Maulana Abdul Ghafoor Qasmi, Shaikh ul Hadith, Madrisah Hashmia, Sujjawal, Thata, Hazrat Maulana Mohammad Murad Sahib Undhar, Shaikh ul Hadith, Jamia Mazhar ul Uloom, Manzilgah, Sukkur, Hazrat Maulana Ali Mohammad Sahib Haqqani, Shaikh ul Hadith, Jamia Islamia Ishait ul Quran wal Hadith, Dodwai Road, Larkana, Maulana Mohammad Ibrahim Sahib, Shaikh ul Hadith, Madrisa Babul Islam, Dabgir Mosque, Thatta, Maulana Ahmad Khan Sahib Chandio, Shaikh ul Hadith, Madrisa Ahya ul Uloom Qadria, Shikarpur, Mufti Nazir Ahmad Umrani, Ustad, Jamia Hashmia, Sujawal, Thatta, Hazrat Maulana Ghulam Qadir Sahib Panhwar, Shaikh ul Hadith, Madrisa Ashat ul Uloom, Sakrand, Nawabshah, Maulana Ghulam Mustafa Adam, Ustad, Jamia Islamia, Jinhan Soomro, Tahsil Tando Mohammad Khan, Hazrat Maulana Mir Mohammad Sahib Hinjrah, Shaikh ul Hadith, Madrisa Irshad ul Uloom Meerak, District Khairpur, Hazrat Maulana Faiz Mohammad Sahib, Muhtimam, and Saddar, Madrisa Qasim ul Uloom, Jacobabad, Hazrat Maulana Ataullah Sahib, Shaikh ul Hadith, Madrisa Siraj ul Uloom Bair Sharif, Tahsil Qambar, District Larkana, Hazrat Abdul Wahab Sahib Chachar, Muhtimam, and Mudaris, Madrisa Darul Uloom Ai Shariah, Rohri, Hazrat Mir Hassan Sahib, Shaikh ul Hadith, Madrisa Misbah ul Uloom, Wrath, District Larkana, Hazrat Maulana, Abdul Qadir Sahib, Shaikh ul Hadith, Jamia Khulfai Rashdeen Sunni Khizdar,  and Hazrat Maulana Syed Abdul Ghafoor Shah Sahib, Shaikh ul Hadith, Jamia Islamia Khanpur, District Shikarpur .
 
 
 

 

[MOHSAN]

The dispute of Kalabagh Dam has been here since the rule of Ayub Khan. We can not argue about these Hadith and Shariahs because at least I do not have that much of knowledge. Before we could say about this issue would not it be suitable to read the facts about the construction of the dam and how it will effect the three provinces and only benefit the Punjab.

I can say, as history represent it self that once again Ulema are using the power of thier knowledge of Islam for political gains. We should see what is important for the general public of Pakistan and construction hurts more people or benefit more. Only then we will be able to make any decision to construct or not to construct the dam.

[Saqi_the_angel]

Mulak ki behtri keliyeh kaan ho raha tha Shariyat k khilaf hai Ab Bugto, Mangla Dam Khushak

I came across this news article that I personally found very interesting. I have no comments personaly. Just thought yall might find it interesting. The article was published in today's Frontier Post (June 27,1998. Yall read the article and tell me what yall think..??
---------------------------------------------
**Ulema declare Kalabagh dam construction against Shariah
*
F.P. Bureau Report
HYDERABAD - The construction of Kalabagh Dam has been declared as against Islamic Shariah as per a fatwa released with the signatures of as many as 17 prominent Ulema of Sindh. A printed document issued to this effect says that 102 other Ulemas of the Province have supported this Fatwa .
These Uelmas have quoted seven prominent Hadiths in support of their Fatwa.*
The contents of the Fatwa are: "In accordance with Shariah, no such dam can be constructed which obstructs the flow of water of the river. In case, those of the lower areas of a river are caused damage, or if they do not give consent or if they do not give permission, then those in the upper portion of that river neither can obstruct the water of that river nor they can store water ."
The Hadiths quoted in support of this Fatwa are :
First Hadith : (Al-Uqood ul Daryah fee tanqeeh fatawa hamdiya - edition -2, page 842 ) Those on the upper side of the river do not have right to stop water flow towards those on the lower side as those on lower side are declared as "Amir" of the said river, and till the land on lower side are not watered fully ,those on upper side are not entitled to use the water of that river by creating obstructions. It was said by Imam Muazam Hazrat Abdullah bin Masood Raziallah Taala that even if in the past those in the upper portion had been obstructing water in order to make use of it, it is not allowed because it amounts intervention in the pool of a joint river with out the consent of other share holders.*
Second Shariah : (Kitab ul Khiraj Laaby Yousuf - page 102 ) Abu Amlees Qasim bin Abdul Rahman said that he heard from Hazrat Abdullah bin Masood saying that those in lower portion are the masters of a river till their lands are fed with water required by them .
Third Hadith : (Al-Masboot ul sarkhi reh - edition 23 and page 163 ) Hazrat Abdullah bin Masood raz. Said that those in lower portion are entitled to issue orders to those in upper portion of a river, till the lands in lower portion are given full water .
Fourth Hadith : (Kitab ul Khiraj Yahya bin Adam - page 121 - published by Maktibah Ilmia Lahore ) We were told by Ismail. He was told by Hassan. Hassan was told by Yahya. Yahya said he was told by Abu Muawia bin Ishaq and he was told by Mohammad Abu Malik. Mohammad Abu Malik said he was told by his father that the prophet, peace be on him, gave judgment in case of Mahzoor valey Bani Qaritah that infact water is divided in two portions but those in upper side cannot stop its flow towards those in the lower side while those in the lower side can stop it for those in upper side.*
Fifth Hadith : (Badaie Sanaie - edition 6 - page 192 ) A question was asked from Abu Yousuf (reh.) about a river Maru which is a big river. A person cultivated a land, which was lying barren, situated in a place above Maru river. He excavated a canal from that river to irrigate the said land. Imam Abu Yousuf said that with that canal the people of Maru river are caused any damage then the said canal could not be constructed on that river but if no damage is caused then the construction of the said canal cannot be stopped .
Sixth Hadith : (( Hidaya - edition 4 ) Even though, those of upper portion do not use water, they are not entitled to stop water because by doing so the right of others is usurped, but, they can use water with out stopping it flowing to lower side. But, if those in lower side give consent, then those in upper side can use water by obstructing it. But, no river could be obstructed with force except if consent is given by those in lower side. Seventh Hadith : ( Shami - edition 5 - page 291 - published in Egypt ) No one is allowed to obstruct the flow of a river if it causes damage for others .
The Ulemas of Sindh who have signed this Fatwa, are : Maulana Abdul Karim Sahib Qureshi of Khankah Bair Sharif, and central patron of Jamiat ul Ulami Islam Pakistan (JUI), Hazrat Maulana Noor Mohammad Sahib Sujawali, Muhtmam, Jamia Dar ul Fuyooz al Hashmia, Sujawal, District, Thatta, Hazrat Maulana Abdul Ghafoor Qasmi, Shaikh ul Hadith, Madrisah Hashmia, Sujjawal, Thata, Hazrat Maulana Mohammad Murad Sahib Undhar, Shaikh ul Hadith, Jamia Mazhar ul Uloom, Manzilgah, Sukkur, Hazrat Maulana Ali Mohammad Sahib Haqqani, Shaikh ul Hadith, Jamia Islamia Ishait ul Quran wal Hadith, Dodwai Road, Larkana, Maulana Mohammad Ibrahim Sahib, Shaikh ul Hadith, Madrisa Babul Islam, Dabgir Mosque, Thatta, Maulana Ahmad Khan Sahib Chandio, Shaikh ul Hadith, Madrisa Ahya ul Uloom Qadria, Shikarpur, Mufti Nazir Ahmad Umrani, Ustad, Jamia Hashmia, Sujawal, Thatta, Hazrat Maulana Ghulam Qadir Sahib Panhwar, Shaikh ul Hadith, Madrisa Ashat ul Uloom, Sakrand, Nawabshah, Maulana Ghulam Mustafa Adam, Ustad, Jamia Islamia, Jinhan Soomro, Tahsil Tando Mohammad Khan, Hazrat Maulana Mir Mohammad Sahib Hinjrah, Shaikh ul Hadith, Madrisa Irshad ul Uloom Meerak, District Khairpur, Hazrat Maulana Faiz Mohammad Sahib, Muhtimam, and Saddar, Madrisa Qasim ul Uloom, Jacobabad, Hazrat Maulana Ataullah Sahib, Shaikh ul Hadith, Madrisa Siraj ul Uloom Bair Sharif, Tahsil Qambar, District Larkana, Hazrat Abdul Wahab Sahib Chachar, Muhtimam, and Mudaris, Madrisa Darul Uloom Ai Shariah, Rohri, Hazrat Mir Hassan Sahib, Shaikh ul Hadith, Madrisa Misbah ul Uloom, Wrath, District Larkana, Hazrat Maulana, Abdul Qadir Sahib, Shaikh ul Hadith, Jamia Khulfai Rashdeen Sunni Khizdar,* and Hazrat Maulana Syed Abdul Ghafoor Shah Sahib, Shaikh ul Hadith, Jamia Islamia Khanpur, District Shikarpur .
*
*
*

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[Iconoclast]

Re: Kalabagh Dam, An interesting Prospective

So are all Dams against Shariah that already exist in Pakistan?

[lansing]

Re: Kalabagh Dam, An interesting Prospective

Allah knows best, but things must be seen in wider perspective. The Hadith if sahih are the last word for us, but at the same time, we must look at the wider wisdom. If there is no water storage there is none available when water is less in rivers.

So according to the hadith, in my opinion it does not mean that we cannot build dams, instead its compulsory that we store water just like food was stored in Prophet Yusuf's time.


Dams do result in increased farming due to a greater availability of water. Increased agriculture results in increased supply of food which lowers prices and benefits the people.

Lastly, these ulema are respectable but before giving any fatwa they should have engineers on their panel too. They may have good knowledge of religion, but they may no nothing about rivers, dams, or agriculture.

Their fatwas cannot be taken seriously.

[Saqi_the_angel]

Re: Kalabagh Dam, An interesting Prospective

Some times these Mullah waisy hee fatway thok daitay haiN