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Saturday, September 4, 2010
ANGLO SAXON LAWS ?
By Naveed Tajammal
An impression exists even amongst our so called enlightened class, what to speak of the westerners, that the Islamic Laws are antiquated, medieval & of the dark ages. Now as a comparison, let us see, from where are the enlightened parties cherished laws, the Anglo Saxon, based from .Briefly stated, the very term Anglo Saxon is commonly applied to that period of English history, language & literature, which precedes, the Norman conquest of Britain (1066 AD)by a William ,who lead on to the British Island Colonies of Scandinavians, who had earlier settled in Normandy across the English Channel and had over the time, adopted French language, ways and manners too. This is the time of Alfred (d.900AD) who for reasons best known to the British alone ,has been blessed with a title of ‘The Great’ ,which cannot be so, if calling that a rule over some petty counties ,can be called his greatness, yes, a large landlord he may have been. As the bulk of the British Island was then under the Danish rule .Their king, was named ‘’Guthrum’ , the city of London too was a Danish city. In the year 893AD came a fresh influx of Danes onboard 330 ships, they invaded and took over the present Kent region, to the East of London,which has the port of Dover, now. The point to highlight is can this Alfred be in any way called a great law giver, and what did he rule on which these laws if any ,had been implemented ??
While the British Boast of their great kings & one of them has just been highlighted, let us go back further in time then. This Alfred, the year is 732 AD, and Muslims armies are in the Central France, the battle of Tours has been a check on their expansionism, the Islamic laws are already enforced in Spanish Peninsula ,the whole of North Africa ,Middle East, till the confines of the Sind Valley and in the North till Kashgar .Now if we jump forward the same laws are also in the period of Sulieman the Magnificent of the Ottomans (1520-1566AD), and cover most of Eastern Europe, North Africa, Middle East, till Baghdad. The Central Asian Turks too followed the same laws as did the Turkish rulers of what was the British India., to an extent. They the British should know the extent of the writ of the Islamic laws and a long line of rulers exists who in reality were great kings, and they upheld the laws of our book the Holy Quran, THERE WERE NO CONCORDATS. And neither did the right of Divine rule ever exist in the Muslim rule.
The British to give antiquity to their feeble laws drag the time backwards, from their beloved Alfred, they say ,in fact, it was the laws as drafted by a ‘Aethelberht’ who sat on their throne, in 560AD,in the area now in ‘Kent; already mentioned before ,who first drafted their laws !!
Let us give them a benefit of doubt, what they fail to understand is that at THIS, time in the world history existed THE ACTUAL, great law giver and known for his ‘just’ rule and ruling as ‘the Adil’ or ‘the just’’ ,he is called Khusro Pervaiz Awal or the First,& also as “Nausherwan.’’ HIS EMPIRE WAS FROM NORTH AFRICA TILL YEMEN AND THE CONFINES OF THE EASTERN LIMITS OF THE SIND VALLEY.THERE IS A LONG LIST OF VASSAL KINGS, who were on the fringes of his empire.
The English may not like this but, ’Aetheberth’ was a pirate ,and logically what laws could he have given ?Other then how to rip off or the theory of a good ‘Con’. However the British insist that after him ,there was a long line of law givers,starting from a Hlothhere ,Eadric, Withraed, the line of Wessex and so on till Alfred, the same man who signed the ‘Treaty of Peace’ with the Danish King ‘Guthrum’.
In the second phase, of improvements, it is stated it was the work of Northumbrian priests, and the customs of the North people, and these had been entered in a book ,called ‘’The Domesday Book’,.However in reality, this book, is a record of an survey of England,completed in 1086 AD, for William 1st,it was done to access the worth of each farmer,and his livestock,so he could be TAXED !!!Now we come to Third phase of the improvements in the Anglo Saxon laws as claimed by the British, study the profiles of their kings & their actions and see if, they can be termed as the law drafters.
Edward the Confessor (d.1066)they say he was called the Confessor on account of his sanctity,however the actual man was far from a saint,he raided the queen-mothers treasury,seized her possessions,and compelled her to live in retirement,in desolate conditions,not only did the queen mother suffer, at his hands but, his own wife ,the daughter of Earl Godwine ,was as badly treated and banished and locked in a ‘monastery’.The second great English improver is Henry the First,he was third in line to the English crown,the eldest by the name of Robert,decided to go for the crusades ,the middle brother was killed by Henry while on a hunting trip, after his death, Henry, married the daughter of King of Scots (Malcolm III ) and made arrangements with Church, and so took over the English throne, he married twice, never had a legitimate child, but a long line of bastards .The most famous was Earl of Gloucesters, so these two(Edward & Henry) have the honor of drafting the Anglo Saxon laws, in the third phase !!!
In the fourth phase, the British have become a super power the time is the start of 20thcentury, now it is alleged that all, the charters, enactments, as well the private arrangements of their kings and queens are part of the laws. Which really meant a legal cover to an entrenched feudal system, with an arrangement with their church, but for the general public at large,these laws are broadcasted as the best thing on the Earth.
Let us now study briefly who these English people really are,to have an insight in their Anglo Saxon laws, as they are based on their religion, customs & values, which have been reproduced in them.
In the category of ,’”Angleleyn” comes the lot called English, who hailed from the counties of East Anglia, Mercia & Northumria, the Saxons, hailed from the counties of Essex, Sussex & Wessex .The British claim that the term Anglo Saxon was in vogue before Alfred’s time .i.e. 800AD.In reality this race is a hotch –potch of vagabonds and pirates on the run or the castoffs of mainland Europe.
It was Lord William Bentinck, who had ordered that Persian should be abolished ,and be replaced by Urdu and English ,as per the Resolution of March 7th1835.Bentinck,the Governor General of the East India Company, was strongly in the favor and a supporter of ‘’Macaulayian system’, which promoted English literature ,language & English Medium Schools .After the Annexation of Sikh State in 1849,this system was set in motion here too, as well in rest of the Sindh Valley, where ever the writ of the Union Jack existed .In April 1851,the Commissioner Multan Division, had recommended that Urdu and English be declared the Court Language, and be fully enforced in three years time i.e.1854 AD. The policy was adopted for other divisions .John Lawrence of Punjab fame had remarked in his write up on this subject, that,’ ’’It should be considered that Urdu is not the language of these divisions, neither is Persian , but Urdu is well understood by the majority of our officers, whereas Persian is Not’’.
Now we enter the period when these laws were imposed on us, After the fall of the Sikh Kingdom,in 1849 AD the British felt that now they could impose their laws on us,it should be borne in mind that we broke away from the Mughal Empire in 1739 AD, after Nadir Shah’s invasion .So after a lapse of 110 years we came in the fold as whole in the British Empire.
To enforce this new language,at grass root levels, in the Tehsile level courts,an Urdu Gazette was introduced called ‘’Sarkari Akhbar’ which gave a summary of news of the month,abstracts of important trials and orders, changes,appointments and dismissals.With it also came with state’s blessings three Urdu newspapers, Pasia Akhbar ,Zamindar & Chaudiween Sadi (14th century).
To a common person Urdu remained the proverbial ‘GREEK ’,and so was ‘’ENGLISH’ ,as each word had to be translated back in his language By the Bengali Babbu’s & Vakils, however, most were clueless of our language .So the Urdu implant grew roots ,courtesy the ‘Ferengi & Bengali Clerks.’
So ended Arabic and Persian,but primarily Persian. Arabic survived in underground Madrassahs. Anglo Saxon laws stepped in and still sits, ie 1854-2010, a period of 156 years, out of which we have been independent for 63 years!
The writer has over 26 years of experience in investigative historical research.