4 min 22 sec
Monday, September 30, 2013
Dispatches: War Children in the Philippines
human rights watch
Carlos Conde
-
Although sanitation is being addressed, many displaced residents in Zamboanga's stadium use this common bathing area.2013 © Carlos H. Conde/Human Rights Watch
The day before the clashes started,
15-year-old Hassan’s grandfather took him from their village on Basilan
Island in the southern Philippines to attend what his grandfather
described as a “peace rally” in nearby Zamboanga City. Three days later, I encountered Hassan in a cramped Zamboanga jail cell along with young men arrested for being alleged members of the Moro National Liberation Front (MNLF).
The toll from the fighting between the Muslim rebels and government forces, which began on September 9, includes dozens killed and wounded, 10,000 houses burned, and 120,000 residents displaced. Many civilians are still being held hostage by the rebels. But children, like Hassan, pay their own steep price.
Hassan denies that he’s a child combatant for the MNLF and the authorities have since relocated him to a youth detention center. Other alleged child soldiers include Kiram, 14, and Abdul, 17, who had spent five days in police custody when I met them on Wednesday, handcuffed to three adults inside a police station.
Human Rights Watch has previously reported on incidents in which the Philippines armed forces have falsely identified children as “child warriors” and paraded them before the media. But even if Hassan, Kiram, and Abdul really are child combatants, they’re victims. According to the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, armed groups such as the MNLF should not, under any circumstance, recruit or use in hostilities anyone under the age of 18. The conditions of these children’s detention – that they’re sharing facilities with adults – also violate the government’s obligations under the Convention on the Rights of the Child, which the Philippines ratified in 1990. If these children have indeed been used in the fighting by the MNLF, they are entitled to psychological services and assistance in social reintegration.
Over the past week, Human Rights Watch has also documented the rebels’ use of children as hostages and human shields, some of whom have been killed and wounded during military operations. Meanwhile, Zamboanga’s evacuation centers, including a sports stadium, overflow with thousands of children who are homeless and unable to go to school.
Long after the guns go silent and the soldiers go home, the children of Zamboanga will wrestle with the traumas of these days of violence.
The toll from the fighting between the Muslim rebels and government forces, which began on September 9, includes dozens killed and wounded, 10,000 houses burned, and 120,000 residents displaced. Many civilians are still being held hostage by the rebels. But children, like Hassan, pay their own steep price.
Hassan denies that he’s a child combatant for the MNLF and the authorities have since relocated him to a youth detention center. Other alleged child soldiers include Kiram, 14, and Abdul, 17, who had spent five days in police custody when I met them on Wednesday, handcuffed to three adults inside a police station.
Human Rights Watch has previously reported on incidents in which the Philippines armed forces have falsely identified children as “child warriors” and paraded them before the media. But even if Hassan, Kiram, and Abdul really are child combatants, they’re victims. According to the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, armed groups such as the MNLF should not, under any circumstance, recruit or use in hostilities anyone under the age of 18. The conditions of these children’s detention – that they’re sharing facilities with adults – also violate the government’s obligations under the Convention on the Rights of the Child, which the Philippines ratified in 1990. If these children have indeed been used in the fighting by the MNLF, they are entitled to psychological services and assistance in social reintegration.
Over the past week, Human Rights Watch has also documented the rebels’ use of children as hostages and human shields, some of whom have been killed and wounded during military operations. Meanwhile, Zamboanga’s evacuation centers, including a sports stadium, overflow with thousands of children who are homeless and unable to go to school.
Long after the guns go silent and the soldiers go home, the children of Zamboanga will wrestle with the traumas of these days of violence.
Sunday, September 29, 2013
ينظمه المركز العربي للأبحاث ودراسة السياسات مؤتمر عن الإسلاميين ونظام الحكم الديمقراطي بالدوحة
| (الجزيرة) | ||||
وقدّم المدير العامّ للمركز العربي للأبحاث ودراسة السياسات عزمي بشارة، المحاضرة الافتتاحية للمؤتمر، وفيها دعا إلى بحث العوائق الرئيسية أمام التحول الديمقراطي والتي ذكر من بينها أجهزة الدولة البيروقراطية وفسادها وتفاعل تلك الأجهزة مع الريوع النفطية وغير النفطية والقوى الاجتماعية الرجعية المعادية للتحول الديمقراطي. وأشار بشارة إلى أن التعددية السياسية يجب أن تكون داخل "نحن" وليست بين "نحن" و"هم". وذكر أن انعكاسات الانقلاب العسكري لا تزال غير واضحة المعالم لغاية الآن، وأوضح أن أسوأ الاحتمالات تشير إلى دوام الحكم العسكري واستنتاج أوساط في التيار الإسلامي بفشل المشاركة الديمقراطية والانتقال إلى وسائل أخرى، إضافة إلى محاولة قوى الثورة المضادة في دول أخرى تقليد التجربة المصرية. 
المصدر:الجزيرة
| ||||
تواصل المظاهرات المنددة بالانقلاب في مصر
(الجزيرة)
|
||||||
تواصلت السبت المظاهرات المنددة بالانقلاب العسكري في مصر،
استجابة للدعوة إلى استمرار أسبوع "الشباب عماد الثورة"، بينما أصيب ثلاثة
أشخاص بانفجار عبوة ناسفة قرب كنيسة في مدينة السويس.
فقد اعتصمت طالبات معهد الفيوم الثانوي الأزهري، احتجاجا على الانقلاب العسكري واعتقال زميلتين لهن الأربعاء الماضي.
ورددت المشاركات في الاعتصام نداءات تطالب بإسقاط حكم العسكر،
كما أكدن أن الاعتصام سيبقى قائما حتى استعادة مكتسبات ثورة 25 يناير،
والإفراج عن المعتقلين المناهضين للانقلاب.
كما نظمت المئات من عضوات حركة "نساء ضد الانقلاب" وقفة
وسلسلة بشرية ظهر السبت أمام المجلس القومي للمرأة في حي المهندسين
بالجيزة، وذلك للتنديد بغياب المجلس عن أداء دوره، والصمت عن الانتهاكات
الممنهجة التي تتعرض لها النساء في مصر منذ الانقلاب العسكري.
وأكدت المشاركات في الوقفة أن المجلس القومي للمرأة لا يمثلهن، لأنه صمت وتجاهل كل الانتهاكات الممنهجة ضد النساء في مصر، مفضلا الوقوف في صف الانقلاب.
وكانت مسيرات ومظاهرات عديدة نظمت الجمعة في مناطق مختلفة من
البلاد تعرضت لاعتداءات أسفر بعضها عن وقوع إصابات بين المتظاهرين، وكان
أبرزها في حي المعادي بالقاهرة، وحي سيدي بشر بالإسكندرية وفي الشرقية
وبورسعيد.
واتهم التحالف الوطني لدعم الشرعية -في بيان له- أجهزة الأمن
بتأجير بلطجية للاعتداء على المسيرات في الإسكندرية، معتبرا أن ذلك "عقاب"
لمؤيدي الرئيس المعزول محمد مرسي على التظاهر أمام القنصلية الأميركية بالمدينة احتجاجا على ما اعتبره التحالف تأييدا من الرئيس الأميركي باراك أوباما للانقلاب العسكري.
انفجار
ومن جهة أخرى، قالت مصادر طبية وأمنية إن ثلاثة من المارة أصيبوا إصابات طفيفة إثر انفجار يرجح أنه ناجم عن عبوة ناسفة بدائية الصنع، وضعت داخل صندوق قمامة قرب الكنيسة اللاتينية بمدينة السويس، وقد قامت قوات الشرطة بفرض طوق أمني حول موقع صوت الانفجار.
في غضون ذلك، استؤنفت صباح أمس حركة القطارات في مصر جزئيا
بعد توقفها بشكل كامل منذ الرابع عشر من أغسطس/آب الماضي عقب فض اعتصامي
رابعة والنهضة.
وقال رئيس هيئة السكك الحديدية إن الجهات الأمنية وافقت على تشغيل عدد محدود من القطارات لا يتعدى أربعة عشر قطارا.
المصدر:وكالة الأناضول,الجزيرة
| ||||||
Muslims to hold prayers in honour of Westgate victims
Standard Digital News
By ISAAC MESO
KENYA: The Supreme Council of Kenya Muslims will hold national prayers at the KICC in commemoration of those who lost their lives at the Westgate attack
Speaking at their offices, Shariff Hussein Omar, the council’s organising secretary, said they are organising prayers on October 2 to pray for the country and families of those who lost their lives.
Omar asked Muslims to come out in large numbers to show their support at this time when the country was reeling from the terror attack .
“We ask our brothers and sisters to attend a National Prayer Day we have slated for October 2. We want to assure our fellow Kenyans that we are with them at this time of grief and we condemn the attacks that took place at Westgate since it is inhuman our religion does not support taking of another person’s life with such cruelty” he said
Mr Omar also took issue on how the government handled the Westgate attack.
Peaceful religion
He said Kenyans should be told what really transpired at Westgate “as the government isn’t being honest enough with the issue since no news had been relayed about the missing persons and whether the terrorist escaped or not”.
“We need to know what really happened. All we have are speculations from different sources and the government has been really defensive on the number of missing persons after the rescue operations,” he said.
The Muslim leader also denounced claims that the terrorists were acting on behalf of Muslim faithful and that the attack was religious.
He described Islam as a peaceful religion and that the terrorists were Muslim extremists who were using the religion to serve their own interest.
Meanwhile, Mr Omar has called on Muslim faithful interested in visting Mecca for prayers to apply for their visas early.
The Kenya Hajj Commissioner has this year organised 4,500 visas for Muslims wishing to visit Mecca for their pilgrimage.
This has been made possible through collaboration between SUPKEM and Dr Bandar Mohammud, the Saudi Minister for Hajj.
Updated Sunday, September 29th 2013 at 09:34 GMT +3
By ISAAC MESO
KENYA: The Supreme Council of Kenya Muslims will hold national prayers at the KICC in commemoration of those who lost their lives at the Westgate attack
Speaking at their offices, Shariff Hussein Omar, the council’s organising secretary, said they are organising prayers on October 2 to pray for the country and families of those who lost their lives.
Omar asked Muslims to come out in large numbers to show their support at this time when the country was reeling from the terror attack .
“We ask our brothers and sisters to attend a National Prayer Day we have slated for October 2. We want to assure our fellow Kenyans that we are with them at this time of grief and we condemn the attacks that took place at Westgate since it is inhuman our religion does not support taking of another person’s life with such cruelty” he said
Mr Omar also took issue on how the government handled the Westgate attack.
Peaceful religion
He said Kenyans should be told what really transpired at Westgate “as the government isn’t being honest enough with the issue since no news had been relayed about the missing persons and whether the terrorist escaped or not”.
“We need to know what really happened. All we have are speculations from different sources and the government has been really defensive on the number of missing persons after the rescue operations,” he said.
The Muslim leader also denounced claims that the terrorists were acting on behalf of Muslim faithful and that the attack was religious.
He described Islam as a peaceful religion and that the terrorists were Muslim extremists who were using the religion to serve their own interest.
Meanwhile, Mr Omar has called on Muslim faithful interested in visting Mecca for prayers to apply for their visas early.
The Kenya Hajj Commissioner has this year organised 4,500 visas for Muslims wishing to visit Mecca for their pilgrimage.
This has been made possible through collaboration between SUPKEM and Dr Bandar Mohammud, the Saudi Minister for Hajj.
Saturday, September 28, 2013
Friday, September 27, 2013
Kenyan blog caught in middle of treason investigation
humanipo
The Coalition for Reform and Democracy (CORD) has referred to the blog as a security and intelligence apparatus and a cheap blow against the former prime minister’s top aide.
According to the criminal investigations department the aide is accused of being behind the March Four Movement that was planning to destabilise the government.
In an article by CORD secretary general Anyang’ Nyong’o, the former health minister says “Owalo is just but first victim, more will follow if we don’t say no to repression”.
“That is not surprising to those of us who have studied the genesis and evolution of totalitarian regimes that derive their legitimacy from regimented support and loyalty where to criticise such a regime is equivalent to treason,” he said.
The blog behind the accusations cites a report from the National Security Intelligence Service NSIS and accuses Owalo alongside Elmi Mohamed and Willian Chelashaw who it says want to start an Arab Spring-type revolution in Kenya.
It is still however, not clear as to whether the police will be basing their investigations on the blog, the purported NSIS leaked report or their own investigations.
http://www.humanipo.com/news/7433/kenyan-blog-caught-in-middle-of-treason-investigation/
CC image courtesy of DEMOSH, on Flickr.
Jackal News, a Kenyan blog created by
former Associated Press correspondent Bogonko Bosire, is at the centre
of a police investigation that has placed former Prime Minister Raila
Odinga’s aide, Eliud Owalo, as a suspect in a plot to destabilise the
Kenyan government.
According to theblog,
Owalo was allegedly involved in “subversive activities” in the
recruiment of idle youth and university students to hold demonstrations
and destabilise President Uhuru Kenyatta’s government.The Coalition for Reform and Democracy (CORD) has referred to the blog as a security and intelligence apparatus and a cheap blow against the former prime minister’s top aide.
According to the criminal investigations department the aide is accused of being behind the March Four Movement that was planning to destabilise the government.
In an article by CORD secretary general Anyang’ Nyong’o, the former health minister says “Owalo is just but first victim, more will follow if we don’t say no to repression”.
“That is not surprising to those of us who have studied the genesis and evolution of totalitarian regimes that derive their legitimacy from regimented support and loyalty where to criticise such a regime is equivalent to treason,” he said.
The blog behind the accusations cites a report from the National Security Intelligence Service NSIS and accuses Owalo alongside Elmi Mohamed and Willian Chelashaw who it says want to start an Arab Spring-type revolution in Kenya.
It is still however, not clear as to whether the police will be basing their investigations on the blog, the purported NSIS leaked report or their own investigations.
http://www.humanipo.com/news/7433/kenyan-blog-caught-in-middle-of-treason-investigation/
Thursday, September 26, 2013
Somalis in U.S. condemn Kenyan mall attack
Tuesday, September 24, 2013Somalis in U.S. are condemning the deadly attacks on the Kenyan shopping mall tied to the extremist al-Shabab Islamic group based in their homeland. Yet they and others also fear the latest battlefront on terrorism could radicalize more of their own here.
It's unclear whether Somali Americans are part of the al-Shabab assault that has killed 62 and wounded at least 175 in a Nairobi siege that extended to three days Monday.
Kenyan Foreign Minister Amina Mohamed said Monday on PBS' NewsHour that "two or three Americans" and "one Brit" were among the militants in the attack. She said the Americans were 18 to 19 years old, of Somali or Arab origin and lived "in Minnesota and one other place" in the United States.
The FBI said Monday evening that it has no confirmation of Americans' involvement in the attack but is still reviewing the situation.
A Sunday Twitter posting said several of the attackers - including two Minnesota men -were Somalis recruited from America. But al-Shabab said in a Monday Tweet that it had not sent the earlier message and didn't identify any of the dozen-or so mall attackers, at least 10 killed by Kenyan forces who had stormed the mall to rescue scores of hostages.
The reports of possible American involvement unnerved Somali refugees who've settled in Minneapolis; Columbus, Ohio; and other American cities since 1991. Metropolitan Minneapolis, the nation's largest outpost for Somalis, has been a recruiting conduit for al-Shabab since 2007, with at least 20 young men having disappeared, according to the FBI.
"Any time there is (al-Shabab) terrorist action, the whole community is anxious, sad and afraid,'' says Abdirizak Ali Bihi, executive director of the Minneapolis' Somali Education and Social Advocacy Center. "Our hope is this doesn't involve one of those stupid kids."
The Somali community in Minneapolis, which numbers up to 100,000, plans a Friday rally denouncing al-Shabab.
Bihi, whose 17-year-old nephew was recruited as an al-Shabab suicide bomber and is believed to have died in 2008, says outreach programs and law enforcement have helped curb the terrorist organization's recruiting efforts, but young Somalia men remain vulnerable due to poverty, high unemployment rates and disenfranchisement with American society.
Bihi and Mohamud Noor, executive director of the Confederation of Somali Community in Minnesota, fear the potential connection to Somali Americans will cause a backlash against local Somali residents.
"We are concerned about the safety of the community," Noor said.
In Columbus, the center for many of the state's 45,000 Somalians, there are similar worries. Says Hassan Omar, head of the Somalia Community Association of Ohio; "Al-Shabab is a threat to everybody -- they are murderers. The reason we came to this country was because of the violence that was taking place in Somalia."
Somalia President Hassan Sheikh Mohamud, in Columbus to deliver a speech at Ohio State University, said al-Shabab is a global threat.
Mohamud cited an al-Shabab assault on Somalia's main court complex in April that killed dozens and a 2010 attack in Uganda's capital that killed 76.
The attack in Kenya has sparks feared among non-Somalis as well.
"People feel threatened,'' Omar says. "We don't want our neighbors, our co-workers or our children's classmates to be scared. America has given us an opportunity to have a better life. We love this country."
Terrorism expert J. Peter Pham, Director of the Africa Project at the National Committee on American Foreign Policy, says the Nairaobi attack could serve as an international recruiting tool for young Somalis living in the U.S.
"The publicity that comes from this can be used to recruit the audience of young, marginalized men who are not incorporated into American society,'' Pham says. "They're prone to the sophisticated use of Twitter and YouTube."
Indeed, Alabama-born Abu Mansoor Al-Amriki was a key Al-Shabab recruiter, using the Internet until he reportedly denounced the organization. His death was announced just two weeks ago.
Al-Shabab's recruiting drive has not ended well for several ethnic Somali men from the Minneapolis area.
In May, four men were sentenced in Minneapolis for providing support to al-Shabab, including money and men.
"These defendants, by providing material support to a designated terrorist organization, broke both the law and the hearts of family members across the Twin Cities,'' then-Minnesota U.S. Attorney B. Todd Jones said. "They facilitated the travel of other men to Somalia to fight or they themselves traveled to fight, often leaving Minnesota in the dead of night, without so much as a word to their parents."
Their convictions were linked to a federal investigation known as "Operation Rhino,'' which focused on the disappearance of several young, ethnic Somalis from the region since October 2007, others between February 2008 and October 2009, according to an FBI summary.
In July 2008, federal authorities said, men from Minneapolis participated in an al-Shabab ambush of Ethiopian troops. On October 29, 2008, one of the men, Shirwa Ahmed, detonated a improvised explosive device in one of five coordinated suicide bombings in Bosaso and Hargeisa, Somalia. Ahmed is believed to have become the first American suicide bomber in Somalia.
And in May 2011, Farah Mohamed Beledi, who left Minnesota in October 2009, was killed at a checkpoint in Somalia as he attempted to detonate a suicide vest.
Wednesday, September 25, 2013
Tuesday, September 24, 2013
انتفاضة شعبية بالقدس تتحدى قمع إسرائيل
الجزيرة
|
|||||||||||||||||
محمد محسن وتد–القدس المحتلة
يخيم التوتر على القدس المحتلة وسط اتساع دائرة الحراك الشعبي الفلسطيني الذي ترجم إلى صدام مع قوات الاحتلال الإسرائيلي التي تعتمد قمعه بالبطش والاعتقالات والغرامات الباهظة، حيث تسعى لمحاصرة المواجهات بالبلدة القديمة وأسواقها والمسجد الأقصى وتخومه بغية إخمادها ومنع انتشار نيرانها.
وتحولت القدس بمقدساتها الإسلامية والمسيحية إلى رمز القضية
الفلسطينية وما يعصف بها من تحديات تلخص جوهر الصراع، وذلك قبالة الهجمة
الاحتلالية الشرسة التي تتعرض لها المدينة المقدسة وقوبلت بالتصدي والصمود
للمقدسيين في وجه الاحتلال الذي يخشى أن تتحول هذه المقاومة الشعبية لنموذج
فلسطيني عام.
ومقابل شراسة عدوان الاحتلال على المقدسيين بمخططات التشريد والتهويد
وما يرافقها من مسيرات استفزازية للجماعات الاستيطانية المساندة لوتيرة
اقتحامات اليهود الجماعية لساحات الحرم القدسي الشريف، صعدت القوى
الإسلامية والوطنية الفلسطينية بالقدس من الحراك الشعبي والوقفات
الاحتجاجية المنددة بممارسات الاحتلال الإسرائيلي التي تستهدف القدس
والمسجد الأقصى.وحذرت القوى المقدسية في بيان تلقت الجزيرة نت نسخة منه من تصاعد الهجمة الاحتلالية على القدس وارتفاع وتيرة الاقتحامات للمسجد الأقصى وإقامة الشعائر التلمودية والصلوات اليهودية في ساحاته، وطالبت دول العالم والمنظمات العربية والإسلامية باتخاذ مواقف فورية وجريئة لردع الاحتلال وحماية المدينة ومقدساتها.
وأشاد في حديثه للجزيرة نت بوحدة صف المقدسيين بوجه سياسة الاحتلال لاحتواء الانتفاضة الشعبية المتواصلة بالمدينة، مؤكدا أن تصعيد الحراك الشعبي بانضمام القوى الوطنية والإسلامية من شأنه أن يؤدي إلى تفاعل شعبي بمختلف الأراضي الفلسطينية المحتلة. ووجه صيام انتقادات شديدة اللهجة لمختلف قيادات الفصائل الفلسطينية لعدم احتضانها ودعمها للحراك والمقاومة الشعبية بالقدس، واستشهد بما آلت إليه الانتفاضة الأولى التي أخمدت نيرانها عقب اتفاقية أوسلو. ويرى رئيس مجلس الأوقاف الإسلامية بالقدس الشيخ عبد العظيم أن سلطات الاحتلال شرعت في المراحل الأخيرة من مخططاتها بالتطهير العرقي للمقدسيين وهدم الحضارة الإسلامية والعربية وتزييف التاريخ وتهويد الحضارة سعيا لترويج الرواية اليهودية والمزاعم بحقهم في المكان.
من جانبه، قال عضو المجلس الثوري لحركة التحرير الوطني الفلسطيني (فتح) ديمتري دلياني إن الحراك الشعبي المتواصل في القدس ساهم بإفشال مخططات التقسيم الزمني للمسجد الأقصى خلال الأعياد اليهودية، فالمرابطون هناك استطاعوا من خلال مسيراتهم ووقفاتهم إجهاض الحراك اليهودي المتمثل بمسيرة مليونية كان من المقرر لها أن تقتحم أسوار المسجد. وأضاف دلياني في حديث للجزيرة نت أن "الاحتلال يحول القدس لثكنة عسكرية ويمهد الأجواء لعربدة المستوطنين، مما ينذر بوجود مخطط خطير بمنطقة البلدة القديمة بالذات، وهي المنطقة التي أضحت حاضنة لليهود ومنفرة لأصحاب الأرض الذين يتعرضون للترهيب، فيما تستمر الجماعات الاستيطانية باقتحام الأقصى بدعم رسمي وبشكل غير مسبوق، لتتكشف مخططات هدمه". ويرى أن الحراك الفلسطيني المتصاعد سيتحول إلى مقاومة شعبية للاحتلال، مستبعدا أن يتحول ذلك إلى كفاح مسلح لكي لا يجني الاحتلال أي ثمار، ويجب أن "تتبلور انتفاضة سلمية لا تشكل عبئا على القيادة الفلسطينية تحمل في طياتها أبعادا سياسية وشعبية تركز على حق الشعب الفلسطيني في تقرير مصيره لتفضح وتحرج قيادة إسرائيل عالميا".
المصدر:الجزيرة
| |||||||||||||||||
Kenyan President: Mall Attackers 'Defeated' After Four-Day Fight
npr
This is ALL THINGS CONSIDERED from NPR News. I'm Melissa Block.
ROBERT SIEGEL, HOST:
And I'm Robert Siegel.
The bloody siege of an upscale mall in Kenya's capital, Nairobi, is over. Islamists had seized the shopping center on Saturday with guns blazing, killing shoppers indiscriminately. Kenya's president, Uhuru Kenyatta, made the announcement in a televised address to the nation this evening. He said Kenyan security forces had ashamed and defeated the militants.
PRESIDENT UHURU KENYATTA: These cowards will meet justice, as will their accomplices and patrons wherever they are.
SIEGEL: In the end, President Kenyatta said 61 civilians died along with six members of Kenya's security forces. Five terrorists were killed and 11 suspects captured.
For more, we turn to NPR's Jason Beaubien, who is in Nairobi. Jason, those are the numbers of dead at this point. How many people are still counted as missing?
JASON BEAUBIEN, BYLINE: We don't know how many people are still actually inside the building. President Kenyatta, however, did say that there are more bodies trapped inside the mall. He also said that three floors of the mall have collapsed. This is new information. We had heard earlier that one floor of the parking garage had collapsed, there was a huge fire going on inside there. But he laid out that three floors have collapsed. He said that there are bodies both of the terrorists and of potentially civilians still trapped inside the wreckage of this mall.
SIEGEL: I gather he acknowledged the intelligence reports that the terrorists included a British woman and as many as three Americans, that this was a multinational group. What did he say about that today?
BEAUBIEN: He did acknowledge that but he said that at this point in time they cannot confirm that a British woman and possibly as many as three Americans were involved in the attack. He said that they're going to investigate that. He pointed out that they've got 11 of the alleged terrorists captured. And he said that they're going to pursue this and really try to find out whether or not this was a very global terrorist attack that was on a much higher scale than just some Somalis who came over the border and carried it out.
If it did involve a British woman and some Americans, that would certainly elevate the planning and sort of the advanced logistics that had gone into planning this attack on this mall.
SIEGEL: This crew of assailants, they entered the mall guns blazing but also cell phones tweeting. They were describing what they were doing and claiming responsibility for this as it was under way. Did they continue tweeting right up to the end?
BEAUBIEN: They did. Throughout the day today, even as government officials here were saying that they've just about got this wrapped up, they were saying they were in control of the ball, the government officials were - we were getting tweets coming out from Al-Shabab members say, no, it's not true at all; we've still got hostages in there, our guys ready to fight, ready to fight to death. And that really sort of amplified their ability to keep this city on edge.
There were reports that possibly some of the assailants had escaped. I mean, a lot of people were coming out of that mall afterwards, so there was the potential that some of them were still running around in the city. And these tweets by Al-Shabab did have an effect on people, making them on edge, worried that, yes, there are people with guns to their heads inside their mall right as we're speaking.
So it was a very interesting use of social media to sort of amplify what they were trying to accomplish there in carrying out this terrorist attack.
SIEGEL: And you find the city, it feels unnerved to you after this whole experience?
BEAUBIEN: It certainly was. I mean, the schools, many schools were canceled. People were sort of lined up outside the security perimeter trying to get more information. People were very much unnerved by this and the fact that it was unresolved was adding to that. So the president coming out, saying definitively this is over, I think has had a - it's what people were waiting to hear.
So I think that that's going to have a positive effect. And certainly, just out here on the streets tonight, it feels a little bit more jolly now that this news is out there.
SIEGEL: That's NPR's Jason Beaubien in Nairobi. Jason, thank you.
BEAUBIEN: You're welcome.
Kenyan security forces continue their work at the Nairobi mall
where terrorists say they continue to hold hostages the fourth day of
the siege. Officials say 67 people are known dead. Kenya's president
Uhuru Kenyatta said the attack was over but added that three floors of
the mall had collapsed and bodies remained trapped in the rubble.
Copyright © 2013 NPR. For personal, noncommercial use only. See Terms of Use. For other uses, prior permission required.
MELISSA BLOCK, HOST: This is ALL THINGS CONSIDERED from NPR News. I'm Melissa Block.
ROBERT SIEGEL, HOST:
And I'm Robert Siegel.
The bloody siege of an upscale mall in Kenya's capital, Nairobi, is over. Islamists had seized the shopping center on Saturday with guns blazing, killing shoppers indiscriminately. Kenya's president, Uhuru Kenyatta, made the announcement in a televised address to the nation this evening. He said Kenyan security forces had ashamed and defeated the militants.
PRESIDENT UHURU KENYATTA: These cowards will meet justice, as will their accomplices and patrons wherever they are.
SIEGEL: In the end, President Kenyatta said 61 civilians died along with six members of Kenya's security forces. Five terrorists were killed and 11 suspects captured.
For more, we turn to NPR's Jason Beaubien, who is in Nairobi. Jason, those are the numbers of dead at this point. How many people are still counted as missing?
JASON BEAUBIEN, BYLINE: We don't know how many people are still actually inside the building. President Kenyatta, however, did say that there are more bodies trapped inside the mall. He also said that three floors of the mall have collapsed. This is new information. We had heard earlier that one floor of the parking garage had collapsed, there was a huge fire going on inside there. But he laid out that three floors have collapsed. He said that there are bodies both of the terrorists and of potentially civilians still trapped inside the wreckage of this mall.
SIEGEL: I gather he acknowledged the intelligence reports that the terrorists included a British woman and as many as three Americans, that this was a multinational group. What did he say about that today?
BEAUBIEN: He did acknowledge that but he said that at this point in time they cannot confirm that a British woman and possibly as many as three Americans were involved in the attack. He said that they're going to investigate that. He pointed out that they've got 11 of the alleged terrorists captured. And he said that they're going to pursue this and really try to find out whether or not this was a very global terrorist attack that was on a much higher scale than just some Somalis who came over the border and carried it out.
If it did involve a British woman and some Americans, that would certainly elevate the planning and sort of the advanced logistics that had gone into planning this attack on this mall.
SIEGEL: This crew of assailants, they entered the mall guns blazing but also cell phones tweeting. They were describing what they were doing and claiming responsibility for this as it was under way. Did they continue tweeting right up to the end?
BEAUBIEN: They did. Throughout the day today, even as government officials here were saying that they've just about got this wrapped up, they were saying they were in control of the ball, the government officials were - we were getting tweets coming out from Al-Shabab members say, no, it's not true at all; we've still got hostages in there, our guys ready to fight, ready to fight to death. And that really sort of amplified their ability to keep this city on edge.
There were reports that possibly some of the assailants had escaped. I mean, a lot of people were coming out of that mall afterwards, so there was the potential that some of them were still running around in the city. And these tweets by Al-Shabab did have an effect on people, making them on edge, worried that, yes, there are people with guns to their heads inside their mall right as we're speaking.
So it was a very interesting use of social media to sort of amplify what they were trying to accomplish there in carrying out this terrorist attack.
SIEGEL: And you find the city, it feels unnerved to you after this whole experience?
BEAUBIEN: It certainly was. I mean, the schools, many schools were canceled. People were sort of lined up outside the security perimeter trying to get more information. People were very much unnerved by this and the fact that it was unresolved was adding to that. So the president coming out, saying definitively this is over, I think has had a - it's what people were waiting to hear.
So I think that that's going to have a positive effect. And certainly, just out here on the streets tonight, it feels a little bit more jolly now that this news is out there.
SIEGEL: That's NPR's Jason Beaubien in Nairobi. Jason, thank you.
BEAUBIEN: You're welcome.
Copyright
© 2013 NPR. All rights reserved. No quotes from the materials contained
herein may be used in any media without attribution to NPR. This
transcript is provided for personal, noncommercial use only, pursuant to
our Terms of Use. Any other use requires NPR's prior permission. Visit
our permissions page for further information.
NPR
transcripts are created on a rush deadline by a contractor for NPR, and
accuracy and availability may vary. This text may not be in its final
form and may be updated or revised in the future. Please be aware that
the authoritative record of NPR's programming is the audio.
Monday, September 23, 2013
Thursday, September 19, 2013
Don't close Somali cash 'lifeline', charities tell Barclays
channel4
It is is the only bank in the UK still providing this
service. However, it plans to close all the accounts of Somali money
transfer firms by the end of this month.
There is a perceived legal and reputational risk of providing banking services to the sector. Barclays is concerned that criminals and terrorists could use the existing system.
This will give time for governments and banks to agree appropriate regulations to keep open a lifeline to ordinary families while addressing concerns relating to money laundering.
"The banking rules are illogical, cold hearted and counter-productive," said Mark Goldring, chief executive of Oxfam.
Last month, campaigners delivered a petition signed by more than 20,000 people to 10 Downing Street.
Mo Farah, originally from Somalia, threw his weight behind the movement. The double Olympic champion spoke personally about the crucial role remittances have played for his family and his foundation.
"Cutting this lifeline would be a disaster for millions," he said. "The small sums sent home by British Somalis each week enable family members to buy food, medicines and other life essentials.
"I have been sending money home for a number of years and the Mo Farah Foundation, along with some of the world's biggest international charities and organisations, including the United Nations, rely on these businesses to channel funds and pay local staff."
The agencies also called on the UK government to work with the banks and money transfer agencies to find a long-term comprehensive solution. Failing to do so undermines the government's commitment to help efforts to build a stable Somalia.
"The government's position flies in the face of the UK's policy on Somalia," said Mr Goldring. "Britain has shown a genuine commitment to help Somalia rebuild itself and move beyond its 'failed state' label, but is not doing enough to address this failed state of anti-terror banking rules.
"Somalia will find it hard to work its way out of poverty and instability while its people are needlessly denied the financial support from their loved ones abroad."
"The ODI, who conducted research on this subject for Oxfam, have correctly pointed out that 'this is not a crisis of Barclays making'. It is rather the result of regulatory pressure.
"We have been engaging with the UK Government, remittance industry bodies and other stakeholders to discuss the issues around providing banking services to the remittance industry, especially given the regulatory and financial crime pressures upon banks."
Jamal Osman
Reporter
In the latest attempt to save Somalia's
cash "lifeline", nine aid agencies call on Barclays Bank to scrap plans
to sever money transfer accounts.
There is a perceived legal and reputational risk of providing banking services to the sector. Barclays is concerned that criminals and terrorists could use the existing system.
The banking rules are illogical, cold hearted and counter-productive. Mark Goldring, OxfamHowever, millions of Somalis depend on money sent to them by relatives living abroad. Somalis in Britain, for example. send over £100m a year to friends and families. The country has no formal banking system and money transfer operators provide the services people in the UK would expect from a bank.
'Cold-hearted'
The agencies, which include Oxfam, CARE and World Vision, said that Barclays needs to put on hold for a year its decision to close accounts.This will give time for governments and banks to agree appropriate regulations to keep open a lifeline to ordinary families while addressing concerns relating to money laundering.
"The banking rules are illogical, cold hearted and counter-productive," said Mark Goldring, chief executive of Oxfam.
Cutting this lifeline would be a disaster for millions. Mo Farah"It leaves families already struggling to make ends meet to go without. Closing money transfer companies' bank accounts is likely to drive the money transfer business underground making it even more difficult to regulate. It will also hit the Somali economy hard just when the country is trying to get back on its feet."
Last month, campaigners delivered a petition signed by more than 20,000 people to 10 Downing Street.
Mo Farah, originally from Somalia, threw his weight behind the movement. The double Olympic champion spoke personally about the crucial role remittances have played for his family and his foundation.
"Cutting this lifeline would be a disaster for millions," he said. "The small sums sent home by British Somalis each week enable family members to buy food, medicines and other life essentials.
"I have been sending money home for a number of years and the Mo Farah Foundation, along with some of the world's biggest international charities and organisations, including the United Nations, rely on these businesses to channel funds and pay local staff."
Stable Somalia
Somalia is one of the poorest countries in the world and slowly recovering from a famine that struck two years ago. Nearly half the population live on less than $1 a day and more than two million people have had to flee their homes due to fighting and food shortages.The government's position flies in the face of the UK's policy on Somalia. Mark GoldringFamilies depend on the money for basic costs such as food, schooling and healthcare. It is believed that 40 per cent of families in parts of the country receive some form of remittance and that the money is integral to their survival.
The agencies also called on the UK government to work with the banks and money transfer agencies to find a long-term comprehensive solution. Failing to do so undermines the government's commitment to help efforts to build a stable Somalia.
"The government's position flies in the face of the UK's policy on Somalia," said Mr Goldring. "Britain has shown a genuine commitment to help Somalia rebuild itself and move beyond its 'failed state' label, but is not doing enough to address this failed state of anti-terror banking rules.
"Somalia will find it hard to work its way out of poverty and instability while its people are needlessly denied the financial support from their loved ones abroad."
Barclays response
Barclays issued a statement in response to the above article. The statement reads -"The ODI, who conducted research on this subject for Oxfam, have correctly pointed out that 'this is not a crisis of Barclays making'. It is rather the result of regulatory pressure.
"We have been engaging with the UK Government, remittance industry bodies and other stakeholders to discuss the issues around providing banking services to the remittance industry, especially given the regulatory and financial crime pressures upon banks."
Muslims in Thailand: A Minority Challenge
onislam.net
Islam in the Eyes of Non-Muslims
Muslims in China- Past and Present
Religious Minorities' Report
Muslims make up the second largest minority group in Thailand, after the ethnic Chinese population.
Those living outside of Thailand often imagine
the country as a homogeneous society, but closer examination reveals
much diversity.
Although the majority of Thais practice Buddhism, the unofficial state religion, small but notable Christian, Confucian, Hindu, Jewish, Sikh and Taoist populations exist, and many estimate that up to 10 percent of Thailand's 64 million inhabitants are Muslim.
Muslims make up the second largest minority group in Thailand, after the ethnic Chinese population. And while some Thai Muslims are ethnically Persian, Cham (Cambodian Muslim), Bengali, Indian, Pakistani and Chinese, most are Malay, a predominantly Muslim ethnic group living in the Malay Peninsula and parts of Sumatra, Borneo and Malaysia.
Muslims & Thai Cultures
Although Thailand's Muslims live in different parts of the country, Malay Muslims live mainly in Thailand's southern provinces of Pattani, Yala Naratiwat, Songkhla and Satun, bordering Malaysia.
Unlike their fellow non-Malay Muslims who tend to be more assimilated, Malay Muslims have found it difficult to become an integrated part of Thai culture. A significant number of separatist movements have emerged as a result. And measures by the Thai government to suppress these movements have resulted in decades of violent conflict.
Violent clashes has created a renewed urgency to find alternative solutions to the conflict. One such approach is to review the assimilation and integration policies that the Thai government has tried to implement in the south for decades.
Malay
Muslims lived in what is now Thailand before the formation of the Thai
Kingdom and were incorporated into the Kingdom during the latter part of
18th century. The Malay Muslim population opposed this incorporation
because they had been living under an independent Muslim sultanate and
preferred to be integrated into a Malay state or govern themselves.
Massive assimilation policies launched by the Pibul Songkhram-led nationalist party in the 1940s created further resentment amongst Malay Muslims. The government tried to force the Malay people to shed their identity both as Malay and Muslims. They were prevented from wearing the traditional Malay skirt-like sarongs and head coverings, or Kerudung, were not allowed to speak Malay and were expected to adopt Thai names. They were also prohibited from practicing Islam on the basis that Buddhism was the dominant religion of Thailand.
The government abolished Islamic courts that had been established to rule on Muslim family affairs, and Malay students were made to pay their respects to images of Buddha placed in public schools.
Those who refused to adhere to these policies were arrested; some even tortured. This policy had a devastating effect on the relationship between the Thai government and people in the south.
Although these policies were later lifted, one thing that seems unchanged over decades is "the government's unwillingness to recognize the nature of the conflict as one involving deep-rooted social and cultural issues", to quote Michael Vatikiotis, a Singapore-based scholar on Southeast Asia.
While
the government has made efforts to engage in constructive initiatives,
the cultural insensitivity of many policies demonstrates this continued
lack of understanding. For example, former Prime Minister Thaksin
Sinawatra's government implemented a scholarship for southern students
allotted by lottery – which is considered a form of gambling
unacceptable to Malay Muslims.
Instead Bangkok tends to see the conflict as a result of criminal activities by religious militants in the south. Military operations therefore are always the backbone of government policies.
And government officials from the Malay Muslim region are still predominantly ethnically Thai and religiously Buddhist, resulting in a lack of representation for the majority Malay Muslim population in the region at the national level.
The government needs to reconsider its integration policies. One way peaceful integration of Malay Muslims into Thailand could be achieved is for the government to grant Malay Muslims the autonomy to govern themselves. Autonomous rule could enable Malay Muslims to directly impact their ability to improve the standard of living in their communities.
A greater understanding of cultural and social realities could also result in policies that are less focused on military action and lead to engaging southern populations in culturally respectful ways.
Assimilation and integration policy lies at the heart of the conflict in southern Thailand. Conflict in this region will continue to erupt unless those involved proactively address the problem.
Although the majority of Thais practice Buddhism, the unofficial state religion, small but notable Christian, Confucian, Hindu, Jewish, Sikh and Taoist populations exist, and many estimate that up to 10 percent of Thailand's 64 million inhabitants are Muslim.
Muslims make up the second largest minority group in Thailand, after the ethnic Chinese population. And while some Thai Muslims are ethnically Persian, Cham (Cambodian Muslim), Bengali, Indian, Pakistani and Chinese, most are Malay, a predominantly Muslim ethnic group living in the Malay Peninsula and parts of Sumatra, Borneo and Malaysia.
Muslims & Thai Cultures
Although Thailand's Muslims live in different parts of the country, Malay Muslims live mainly in Thailand's southern provinces of Pattani, Yala Naratiwat, Songkhla and Satun, bordering Malaysia.
Unlike their fellow non-Malay Muslims who tend to be more assimilated, Malay Muslims have found it difficult to become an integrated part of Thai culture. A significant number of separatist movements have emerged as a result. And measures by the Thai government to suppress these movements have resulted in decades of violent conflict.
Violent clashes has created a renewed urgency to find alternative solutions to the conflict. One such approach is to review the assimilation and integration policies that the Thai government has tried to implement in the south for decades.
 |
| The government needs to reconsider its integration policies. |
Massive assimilation policies launched by the Pibul Songkhram-led nationalist party in the 1940s created further resentment amongst Malay Muslims. The government tried to force the Malay people to shed their identity both as Malay and Muslims. They were prevented from wearing the traditional Malay skirt-like sarongs and head coverings, or Kerudung, were not allowed to speak Malay and were expected to adopt Thai names. They were also prohibited from practicing Islam on the basis that Buddhism was the dominant religion of Thailand.
The government abolished Islamic courts that had been established to rule on Muslim family affairs, and Malay students were made to pay their respects to images of Buddha placed in public schools.
Those who refused to adhere to these policies were arrested; some even tortured. This policy had a devastating effect on the relationship between the Thai government and people in the south.
Although these policies were later lifted, one thing that seems unchanged over decades is "the government's unwillingness to recognize the nature of the conflict as one involving deep-rooted social and cultural issues", to quote Michael Vatikiotis, a Singapore-based scholar on Southeast Asia.
| A greater understanding of cultural and social realities could also result in policies that are less focused on military action and lead to engaging southern populations in culturally respectful ways. |
Instead Bangkok tends to see the conflict as a result of criminal activities by religious militants in the south. Military operations therefore are always the backbone of government policies.
And government officials from the Malay Muslim region are still predominantly ethnically Thai and religiously Buddhist, resulting in a lack of representation for the majority Malay Muslim population in the region at the national level.
The government needs to reconsider its integration policies. One way peaceful integration of Malay Muslims into Thailand could be achieved is for the government to grant Malay Muslims the autonomy to govern themselves. Autonomous rule could enable Malay Muslims to directly impact their ability to improve the standard of living in their communities.
A greater understanding of cultural and social realities could also result in policies that are less focused on military action and lead to engaging southern populations in culturally respectful ways.
Assimilation and integration policy lies at the heart of the conflict in southern Thailand. Conflict in this region will continue to erupt unless those involved proactively address the problem.
This article is part of a series on lesser-known Muslim societies
written for the Common Ground News Service (CGNews). Copyright
permission is granted for publication.
Related Links:
Islam in Igbo LandIslam in the Eyes of Non-Muslims
Muslims in China- Past and Present
Indian Muslims ‘Cleansed’ in Muzaffarnagar
OnIslam
Gujarat Vote Exacerbates Muslim Pains
Muslim Women Campaign for India Elections
Anti-graft Ghandi Wins India Muslim Support
Religion No Crucial in India Polls
OnIslam & News Agencies
Thursday, 19 September 2013 00:00
The team recommended that a Supreme Court judge be appointed to lead investigations into the violence.
NEW DELHI – A fact-finding report on the
Muzaffarnagar clashes that led to death of 47 people and mass exodus has
accused Hindu ruling and opposition parties of complicity in attempts
to cleanse Muslims from some Hindu-majority villages, a charge
politicians denied vehemently.
“Muslims were attacked not so much with the intent of causing death… but with the object of chasing them out of the Hindu-majority villages," the team from Centre for Policy Analysis (CPA) said in a report cited by The World Bulletin on Thursday, September 19.
The report went on to point to "a plan to end decades of coexistence and 'cleanse' certain villages of their Muslim presence."
Recent Hindu-Muslim clashes in Muzaffarnagar, located in the western part of the UP province, have left 47 dead.
They also forced some 40,000 people to flee their villages, according to the state government.
The crisis began in the village of Kawal, when a Muslim man was killed by the brother and cousin of a Hindu girl after allegedly harassing her.
The two killers, members of the Hindu Jat community, were reportedly lynched by the family of the slain Muslim and others in the locality.
"[This] was a localized incident that could have been contained by a strong dose of political statesmanship," concluded the fact-finding team from the CPA, which visited the area on September 14.
The team recommended that a Supreme Court judge be appointed to lead investigations into the violence.
The team included Harsh Mander, a human rights activist and former civil servant; E. N. Rammohan, former director-general of the Border Security Force; Professor Kamal Mitra Chenoy of Jawaharlal Nehru University; John Dayal, member of the National Integration Council; veteran journalist Sukumar Muralidharan; and CPA Director Seema Mustafa.
The operation showed state police and administration officials speaking about "pressure from above" in handling the situation.
One of the officers explained that the riots had probably been the result of a miscalculation by leaders who wanted to create Hindu-Muslim polarization in hopes of garnering more votes.
Alienating Muslims
The fact-finding team warned that the latest clashes were a direct result of a recent history of alienation between Hindus and Muslims, stoked largely by propaganda put out by local Hindu media outfits.
The team cited "a deliberate disregard for rising tensions and intelligence reports."
It has also blamed the state government for acting "in the worst possible manner" and failing to arrest those who used hate speech.
"Instead of stepping up with what was required, the UP state government signaled indecision, ineptitude or even worse – possibly a degree of collusion with the forces of disorder," the team concluded.
"The evidence seems to indicate overwhelmingly that the administration remained passive as the spiral of provocative actions gathered momentum," the report added.
The media bias was accompanied by efforts of state's ruling Samajwadi Party and the opposition Bhartiya Janata Party (BJP) to fan Hindu-Muslim tensions, the report added.
It traced the growing activities of Hindu organizations, like the BJP-affiliated Vishwa Hindu Parishad, and the curious response of the Samajwadi Party (SP) government.
"The entire thing was seen to be a choreographed spectacle in which the SP and opposition BJP would create a sharp polarization on communal grounds, compelling the electorate in the state to make a choice between them, and squeezing out the other parties," it said.
"The BJP has been actively involved in the violence and could emerge, when the embers die down, as the major gainer," it added.
The team also cited "conflicting guidance from the political leadership," underlining the need to "uncover" the trail of formal instructions and informal verbal orders given by political leaders during the two weeks that followed the Kawal incident.
"Muzaffarnagar, and indeed the western belt of UP, was plagued by toxic rumors designed to pit communities against each other," it said.
"Instead of defusing these from the very beginning through a sustained information campaign, the state government chose to ignore them, contributing to a volatile atmosphere that could have erupted at any time," the fact-finding team added.
The fact-finding team also attacked the Congress, which holds the federal government, saying that the party saw the situation as an opportunity to garner votes.
Denial
The opposition BJP spokesperson Vijay Bahadur Pathak defended the party, blaming ruling SP for fanning the incidents.
"The entire responsibility for Muzaffarnagar riots lies with SP. There was no administrative control. Politics of votebank gained centrestage and confusing statements. Azam [Khan] said these were communal riots and Mulayam said these were ethnic riots. Who do we believe?" he exclaimed.
"None of the BJP leaders delivered any hate speech. Infact they were not even allowed to enter the affected areas when they wanted to reach out to people. They have done no wrong then why should they be arrested?" he added.
On the other hand, the Congress spokesperson Dwijendra Tripathi denied responsibility for the attacks.
"Congress party is of the view that the riots in Muzaffarnagar were orchestrated to gain political advantage of the communal divide,” Tripathi said.
The officers concerned were not given orders in time. Leadership kept waiting for things to go out of hands. BJP and SP are both to be blamed.
“It was a pact between them to flare up communal passions and that is why no action is being taken against the BJP leaders booked for instigating riots."
Muzaffarnagar anti-Muslim attacks are not the first in India.
Violence pitting Muslims against Hindus has been a defining feature of Indian politics since the country's traumatic separation from Pakistan in 1947, when hundreds of thousands of people were killed and millions were displaced.
Religion and caste violence plays a central role in politics in Uttar Pradesh, one of India's poorest states with a population larger than that of Russia.
In 1992, 2,000 people were killed in riots after the demolition of a 16th century mosque built near a sacred Hindu site in the Uttar Pradesh town of Ayodhya, on the banks of the Ganges river.
Hindu political mobilization around that conflict thrust the BJP onto the national stage and played a role in bringing it to power in the late 1990s.
“Muslims were attacked not so much with the intent of causing death… but with the object of chasing them out of the Hindu-majority villages," the team from Centre for Policy Analysis (CPA) said in a report cited by The World Bulletin on Thursday, September 19.
The report went on to point to "a plan to end decades of coexistence and 'cleanse' certain villages of their Muslim presence."
| Politics Inflames Hindu-Muslim Tension |
They also forced some 40,000 people to flee their villages, according to the state government.
The crisis began in the village of Kawal, when a Muslim man was killed by the brother and cousin of a Hindu girl after allegedly harassing her.
The two killers, members of the Hindu Jat community, were reportedly lynched by the family of the slain Muslim and others in the locality.
"[This] was a localized incident that could have been contained by a strong dose of political statesmanship," concluded the fact-finding team from the CPA, which visited the area on September 14.
The team recommended that a Supreme Court judge be appointed to lead investigations into the violence.
The team included Harsh Mander, a human rights activist and former civil servant; E. N. Rammohan, former director-general of the Border Security Force; Professor Kamal Mitra Chenoy of Jawaharlal Nehru University; John Dayal, member of the National Integration Council; veteran journalist Sukumar Muralidharan; and CPA Director Seema Mustafa.
The operation showed state police and administration officials speaking about "pressure from above" in handling the situation.
One of the officers explained that the riots had probably been the result of a miscalculation by leaders who wanted to create Hindu-Muslim polarization in hopes of garnering more votes.
Alienating Muslims
The fact-finding team warned that the latest clashes were a direct result of a recent history of alienation between Hindus and Muslims, stoked largely by propaganda put out by local Hindu media outfits.
The team cited "a deliberate disregard for rising tensions and intelligence reports."
It has also blamed the state government for acting "in the worst possible manner" and failing to arrest those who used hate speech.
"Instead of stepping up with what was required, the UP state government signaled indecision, ineptitude or even worse – possibly a degree of collusion with the forces of disorder," the team concluded.
"The evidence seems to indicate overwhelmingly that the administration remained passive as the spiral of provocative actions gathered momentum," the report added.
The media bias was accompanied by efforts of state's ruling Samajwadi Party and the opposition Bhartiya Janata Party (BJP) to fan Hindu-Muslim tensions, the report added.
It traced the growing activities of Hindu organizations, like the BJP-affiliated Vishwa Hindu Parishad, and the curious response of the Samajwadi Party (SP) government.
"The entire thing was seen to be a choreographed spectacle in which the SP and opposition BJP would create a sharp polarization on communal grounds, compelling the electorate in the state to make a choice between them, and squeezing out the other parties," it said.
"The BJP has been actively involved in the violence and could emerge, when the embers die down, as the major gainer," it added.
The team also cited "conflicting guidance from the political leadership," underlining the need to "uncover" the trail of formal instructions and informal verbal orders given by political leaders during the two weeks that followed the Kawal incident.
"Muzaffarnagar, and indeed the western belt of UP, was plagued by toxic rumors designed to pit communities against each other," it said.
"Instead of defusing these from the very beginning through a sustained information campaign, the state government chose to ignore them, contributing to a volatile atmosphere that could have erupted at any time," the fact-finding team added.
The fact-finding team also attacked the Congress, which holds the federal government, saying that the party saw the situation as an opportunity to garner votes.
Denial
The opposition BJP spokesperson Vijay Bahadur Pathak defended the party, blaming ruling SP for fanning the incidents.
"The entire responsibility for Muzaffarnagar riots lies with SP. There was no administrative control. Politics of votebank gained centrestage and confusing statements. Azam [Khan] said these were communal riots and Mulayam said these were ethnic riots. Who do we believe?" he exclaimed.
"None of the BJP leaders delivered any hate speech. Infact they were not even allowed to enter the affected areas when they wanted to reach out to people. They have done no wrong then why should they be arrested?" he added.
On the other hand, the Congress spokesperson Dwijendra Tripathi denied responsibility for the attacks.
"Congress party is of the view that the riots in Muzaffarnagar were orchestrated to gain political advantage of the communal divide,” Tripathi said.
The officers concerned were not given orders in time. Leadership kept waiting for things to go out of hands. BJP and SP are both to be blamed.
“It was a pact between them to flare up communal passions and that is why no action is being taken against the BJP leaders booked for instigating riots."
Muzaffarnagar anti-Muslim attacks are not the first in India.
Violence pitting Muslims against Hindus has been a defining feature of Indian politics since the country's traumatic separation from Pakistan in 1947, when hundreds of thousands of people were killed and millions were displaced.
Religion and caste violence plays a central role in politics in Uttar Pradesh, one of India's poorest states with a population larger than that of Russia.
In 1992, 2,000 people were killed in riots after the demolition of a 16th century mosque built near a sacred Hindu site in the Uttar Pradesh town of Ayodhya, on the banks of the Ganges river.
Hindu political mobilization around that conflict thrust the BJP onto the national stage and played a role in bringing it to power in the late 1990s.
Related Links:
India Rulers Woo MuslimsGujarat Vote Exacerbates Muslim Pains
Muslim Women Campaign for India Elections
Anti-graft Ghandi Wins India Muslim Support
Religion No Crucial in India Polls
Islam in a Modern State
onislam.net
Democracy and the Concept of Shura (Part 1)
Human freedom and equality are fundamental in any democracy.
Similarly, Islam considers “human dignity” fundamental to its guidance
for the right way
Part 2
Islam: A Faith and Worship as Well as a Comprehensive Way of Life
Islam is a religion, not a mere political system; it appeals primarily to the inwardness of the human mind and spirit, and promises the whole fulfillment of every individual and absolute justice in the eternal life to come.
However, it requires that the individual's spiritual development be represented and reflected in reforming personal behavior and social relations, in order to prove innate change and achieve salvation with its eternal rewards.
Islam not only has a vision of a just society, but also presents general principles of a whole way of life for the individual, the family, the society, the state, and the world relations in order to secure balance and justice in the whole human sphere. It offers the basic moral and organization rules for relations between man and woman, between the elderly and the young in the nuclear and extended family, and in the society, between the haves and the have-nots, between the rulers and the ruled, and between Muslims and others within the local society and throughout the world.
Like
ideologies, Islam does not provide detailed practicalities and
programs, since such details are changeable to fit unceasing change in
human circumstances in different times and places. Islam allows
extensive room for the creativity of the human mind to cope with
emerging changes, for the human mind is God's gift to be fully used and
developed, it should not be restricted or crippled by that other gift of
God, His guiding messages. It is the same one God who created the human
being, and who grants him or her spiritual, moral, and intellectual
faculties, and to whom He has sent His guiding messages as well, both
are made in accordance with the all truth. Thus, no contradiction
between both may exist:
{And so set your face (and direct yourself) sincerely towards the faith, which is in accordance with the nature upon which God has originated human beings...} (Ar-Rum 30: 30)
God’s messages aim to develop the human being in his or her totality: spiritually, morally, intellectually, physically, individually and socially, and to guard him or her against egotism without suppressing or patternizing human individuality and personal creativity.
Divine guidance develops individuals through to their full spiritual potential instead of being deformed by selfish greed in a material civilization—as the American philosopher John Dewey has sharply pointed out. (Individualism, 10)
Therefore, Islam can be presented to and dealt with by a non-Muslim as an ideology, with some flexibility in using the term since it was coined for human ideas, or as general principles for a comprehensive way of life.
Naturally, however, the intellectual conviction cannot provide the same moral depth, width and constancy as a religious commitment, which looks for the acceptance of the Absolute Supreme and the reward of eternity. Freedom and equality for all human beings are, for the believers in God, definite results of the belief in the one who is the only distinctive and supreme: {the One to whom all greatness belongs,} (Al-Hashr 59: 23)
{There is nothing like unto him.} (Ash-Shura 42: 11)
{There is nothing that could be compared with Him.} (Al-Ikhlas 112: 4)
All
human beings are equally God’s creation, and each is free since he or
she is only subject to God’s physical and moral laws, and each is equal
to any other human being. Caliph ‘Umar tersely addressed the Muslim
governor of Egypt whose son beat an Egyptian child: “Since when did you
impose slavery on human beings while their mothers bore them free!” (Futuh, 224)
However, the religious dimension in the Islamic ideology or plan, of individual and social, local and global reform, does not mean the establishment of a theocracy. There is no clergy in Islam; any intelligent human being who knows the language and the style can understand and interpret God’s message and no supernatural or metaphysical power can be required or claimed for such a work.
God’s message has ‘been preserved and made known publicly through centuries; and no human being can add to it or detract from it. The ideology of Islam, if we may say so, is not totalitarian. It does not dictate details that dominate every moment or make an imperative for any human thought and move, nor does it claim to provide a definitive prescription in advance for every specific problem that may emerge at any time in the future.
Islam presents the essential guidance that allows the creativity of the human mind to conceive, infer from, and build upon it. The ruling authorities cannot monopolize providing the interpretation of the divine guidance or offer new solutions for emerging problems from above without involving the people, and every sane adult has the right to participate in such a process.
Human Dignity
Human freedom and equality are fundamental in any democracy. Similarly, Islam considers “human dignity” fundamental to its guidance for the right way of life. The Quran reads: {We have indeed conferred dignity on the children of Adam, and carried them on land and sea, and provided for them sustenance out of the good things of life, and favored them far above most of Our creation} (Al-Isra’ 17: 70)
All the children of Adam, whatever their race, ethnicity, gender, age, social status and beliefs may be, have been granted dignity by their Creator without any distinction, and this human dignity must be secured and maintained by His guidance and laws through the Muslim teachers and authorities, and should never be subjected to violation or declination. Human dignity is comprehensive; it encompasses all human dimensions: spiritual, moral, intellectual and physical. Sustenance from the good things of life must be secured for every human being through fair conditions of work and decent social welfare for those who cannot work temporarily or permanently.
Freedom to move from one place to another is an essential feature of human dignity that fulfills the universality of the human creature with his or her unique spiritual, moral, and intellectual potential. Any restrictions in this respect within the country or throughout the world must be considered against human dignity.
Human dignity comprises the fulfillment of obligations as well as the security of rights. Thus, the Quran uses the word “dignity” to underscore the correspondent human rights and obligations, which should be together carried out to secure the human dignity. Thus, a selfish view of freedom or human rights (which was noticed, for example, in French society after the 1789 revolution and in some Eastern European societies after the collapse of communism) can be avoided.
Early jurists gathered out from the various rules of Islamic Law (shari’ah) held that its goal is securing and developing the human being in these five basic areas: life, family and children, mind, freedom of faith, and rights of ownership whether private or public.
Human dignity is supported in Islam by educational and organizational measures, and is not presented as empty words, mere rhetoric or personal piety.
Shura in the Islamic Way of Life
Islam teaches that God alone is the
one who is All-knowing, All-powerful and must be obeyed unconditionally
according to a genuine conviction and belief: {He shall not be questioned about what He does, but they shall be questioned.} (A-Anbiya’ 21: 23)
Human beings have relative knowledge and no absolute power. They are all equal and enjoy dignity granted to them by God since their creation, and each is accountable in this life and in the life to come for his or her deeds. Every matter, even the faith itself, should rely on one’s conviction about what is right and what is wrong without any coercion or intimidation.As the Quran says: {No coercion is [allowed] in matters of faith.} (Al-Baqarah 2: 256)
Based on these beliefs, any human being cannot decide arbitrarily and independently a matter that concerns others and not himself or herself alone, nor claim if he or she does so, an immunity from accountability. The Quran makes “shura” (participation with others in making a decision that concerns them,) subsequent to and a consequence of the faith in God. It represents the positive response to His message and comes next to making prayers to Him: {and those, who respond to [the call of] their Lord, and keep up the prayers, and whose rule in a matter [of common concern] comes out of consultation among themselves...} (Ash-Shura 42: 38)
The initiative of involving others in making a decision of common interest has to come from those who are responsible for leadership and making such decisions. However, those concerned people take the initiative to offer their advice to the leadership in a suitable way when they find this necessary, since giving advice is an obligation of every individual towards leaders and the public as well according to a hadith of Prophet Muhammad. Enjoining the doing of what is right and good and forbidding the doing of what is wrong and evil is the responsibility of the state authorities as well as the people and any group of them.
Shura is not limited to the political field; it has to be developed starting with the family base to be a general way of life in all areas. Spouses, even in the case of divorce, have to conduct family matters: {…by mutual consent and counsel} (Al-Baqarah 2: 233)
Both requirements have to be fulfilled together without split, since consent must be based on mutual consultation and not taken for granted, and consultation should lead to mutual consent and not be exercised as a superficial formality. The child has to be educated to express himself or herself freely but properly about what ought to be done or avoided.
The family and the school have essential roles in developing shura as a way of life.
Shura means a serious and effective participation in making a decision, not merely a ceremonial procedure. The Quran addresses the Prophet who received divine revelation to rely on shura in making decisions concerning common matters for which no specific revelation had come: {…and take counsel with them in all matters of common concern; then, when you have made a decision (accordingly), place your trust in God.} (Al-Imran 3: 159)
If the Prophet is addressed to involve the believers in decision-making regarding a common matter for which no specific revelation exists, all the believers must follow this teaching. The distinguished Andalusian Quranic commentator Ibn ‘Atiyya stated his commentary on this verse:
“Shura is one of the basics of Islamic law (shari’ah), and a mandatory rule; and any [who is entrusted with a public authority] who does not take the counsel of those who have knowledge and are conscious of God, should be dismissed from his [or her public] position, and there is no argument about that.” (al-Muharrar, 280-1)
The
Prophet consulted his companions when he confronted his enemies from
Quraysh who challenged him and camped near Madinah. In accordance with
their opinions, he decided to meet his enemies in the battle of Badr in
the year 1 H./622 C. E. Later, the Prophet also consulted his companions
about whether to go out of Madinah to meet the attacking army or to
stay in and defend the city when they attacked; he followed the majority
opinion and met them in the battle of Uhud in 3H./624 C.E. In the
attack of a tribal coalition against Madinah in the year 5H./626 C.E.,
when the Prophet’s suggestion to give an attacking tribe some of its
fruits to persuade their withdrawal was not approved by some of his
companions, he went along with them.
Even in his private life, when his wife ‘Aisha faced a false accusation shortly afterwards, he asked his companions for their opinions. Later on, in the year 23 H./644 C.E., as soon as Caliph ‘Umar was stabbed, he appointed a committee to discuss, among themselves and with the people, who would succeed him; and their decision had to be made by the majority.
It is obvious from the previously-mentioned verse (3: 159), that any decision made should be based on the results of shura. It is evident in the historical events that the decisions taken were based on the opinions of the majority. Although the minority or even a single person may be right and the majority may be wrong, reliance on majority opinion is the only reasonable and acceptable procedure among human beings, for the risk of error in such a case is far less than in an individual or minority opinion. Freedom of expression and freedom of assembly are essential to determine the right decision among different views, and opposition is naturally indispensable for the life and efficiency of shura.
Besides, the courts, especially a supreme or constitutional court, can always check the constitutionality and legality of any decision. In case of any violation of the general principles of the Islamic Law (shari’ah), any decision made by any authority can be overturned by courts.
Shura in the Political Life
Everyone has the right and obligation to participate in deciding who will be their leaders and representatives by shura, and the elected public bodies must reach their decisions by shura. The Quran states that a majority of human beings may not always be on the right track (see, for example, 2:243, 6:116, 7:187, 11:17. 17:89, and 37:71), but it never teaches that a majority of reasonable and sincere people can be less reliable and more erring than an individual or a minority among them; this is sharply pointed out by Muhammad Abdu and Muhammad Rashid Rida in their prominent commentary on the Quran.
The majority can make mistakes, but making mistakes is human and humans are only required to make serious efforts to determine what is right and to avoid mistakes, making use of accumulated human knowledge and experience about the discussed matter.
Such requirements can be met far better in a majority decision. As previously mentioned, many precedents can be found in the life of the Prophet and the early Caliphs about decisions made according to the majority even if they differed from the leader’s view.
Islam
teaches that an individual must adhere to the society or community and
the majority can only be identified in such a case. A hadith urges one to follow the most overwhelming majority in case of a serious split:
The Quran states: {O you have attained to faith! Obey God, and obey the Conveyor of the Message [of God] and those from among you who have been entrusted with authority by you; and if you are at variance over any matter, refer it to God and the Conveyor of the Message [of God] if you believe in God and the Last Day; this is advantageous [for your human relations] and most appropriate for reaching what is right} (An-Nisa’ 4: 59)
The verse indicates that those who are in authority should be those {from among you who are entrusted with authority by you}
This may remind us of the characterization of democracy as establishing “the government of the people by the people for the people.”
While a democratic decision has to comply with “imagined” natural human rights or a social contact as a safeguard against any possible majority injustice, Muslims and those who are entrusted with authority “from among them, by them” are bound by the goals and general principles of shari’ah that secure human dignity, and guard and develop for all human beings: their life, families and children, minds, freedom of faith and ownership of private or public property.
According to the Islamic historical precedents, there is a real binding contract—not a fictitious one—between the ruler and the ruled. The mutual pledge, which was called “bay’a,” holds the ruler responsible for assuring the supremacy of God’s law and justice, securing human dignity, serving the public interest, and fulfilling the entire duties of the position, while it holds the people responsible for supporting the ruler, obeying his decisions that comply with God’s law, and fulfilling their obligations. (Nusus, 224)
The preceding verse implies that those who are entrusted with authority by the people form “organizational bodies” are not considered mere individuals, since they are always referred to in the Quran in the plural. Moreover, differences may naturally emerge within these bodies that are entrusted with authority, or between them and the people or groups of them. The parties at variance are referred to the guidance of God and the Conveyor of His message, which may be presented and decided in the most appropriate way, whenever this becomes necessary, by a supreme court.
The head of the state can be elected directly by the people or by the parliamentary representatives of the people, or can be nominated by these representatives and introduced to the public vote. Any procedure can be followed according to its own merits and to the given circumstances, and Islam accepts that which is in the interest of the people.
Early Caliphs were chosen primarily from a narrow circle and vested by bay’ah, then the chosen Caliphs would go to the public to get their acceptance through the public
bay’ah. As previously indicated, bay’ah is a mutual pledge: from the ruler to follow the Islamic Law and satisfy the public, and from the people to support the ruler and advise him.
Other Areas for Shura (Consultation)
- Shura has a role in the election of the people’s representatives in the parliamentary body (or bodies) and its practice of legislation, guarding the public interest through checking the executive exercise of power, and pursuing the people’s concerns. When the principle of “one person, one vote” fails to secure a fair representation of any group: ethnic, religious or social (i.e., women), justice (the main goal of shari’ah) has to be secured by appropriate means in the given circumstances, such as assigning for each of such groups a certain number of seats in proportion to their size, which would be exclusively contested in certain constituencies or in the country as a whole by those who are related to the group, as some democratic ideas or practices have indicated.
In addition, a limited number of seats, which should represent a minority in the whole parliament, may be occupied by elected representatives of professional or social organizations. Continuous democratic experiences always contribute ways for reaching the best possible representation of the people and their diverse structure and interests.
- Discussions, hearings, and reaching decisions by the representative body and its committees, within themselves, with the executive bodies or with other organizations or individuals in relation to any public concern, represent a vital area for the practice of shura.
- A significant practice of shura may occur if public referendum is found appropriate in certain matters of special importance, which may be decided by the legislature or by a required number of voters through an indicated procedure.
- In the executive branch and its departments, shura naturally has its place in the discussions and decisions.
- Shura has also to be practiced in the elections of leaders and boards in workers’, professionals’ and students’ unions, and in the discussions and decisions of these elected bodies, and in any wider conference they may arrange.
- Technical and professional shura ought to be conducted in schools, hospitals, factories, companies or any other business.
- In the courts, shura is followed when there is more than one judge ruling over the case, or when the jury system is applied.
Binding Shura: A Key for Muslim Unity and Success?
Freedom Comes First
Problems of Autocracy and Corruption
Human Rights in Islam
Works Cited:
Ibn ‘Abd al-Hakan, Abd al-Rahman ibn ‘Abd Allah. Futuh Misr wa-l-Maghrib. ed. Abd al-Manim Amir. Cairo: Ministry of Culture, 1961
Ibn Atiyya, Abd al-Haqq ibn Ghalib. Al-Muharrar al-Wajiz. vol. III. Fez: Ministry of Awqaf and Islamic Affairs, 1997
John Dewey, Individualism: Old and New. New York: Minton & Balch, 1930
Muhammad Abduh and Muhammad Rashid Rida, Tafsir al-Quran al-Hakim (Tafsir al-Manar), Cairo: Matba’at Subayh, 1374 H.
Abu Ya’la, Muhammad ibn al-Husayn al-Farra, al-Mu’tamadfi Usul al-Din, a chapter published in Yusuf Ibish, Nusus al-Fikr al-Siyasi al-Islami, Beirut: Dar al-Tali’a, 1966
Islam: A Faith and Worship as Well as a Comprehensive Way of Life
Islam is a religion, not a mere political system; it appeals primarily to the inwardness of the human mind and spirit, and promises the whole fulfillment of every individual and absolute justice in the eternal life to come.
However, it requires that the individual's spiritual development be represented and reflected in reforming personal behavior and social relations, in order to prove innate change and achieve salvation with its eternal rewards.
Islam not only has a vision of a just society, but also presents general principles of a whole way of life for the individual, the family, the society, the state, and the world relations in order to secure balance and justice in the whole human sphere. It offers the basic moral and organization rules for relations between man and woman, between the elderly and the young in the nuclear and extended family, and in the society, between the haves and the have-nots, between the rulers and the ruled, and between Muslims and others within the local society and throughout the world.
| On Democracy and Shura - Historical Responsibilities: Democracy Now! - Shura and Democracy: A Conceptual Analysis |
{And so set your face (and direct yourself) sincerely towards the faith, which is in accordance with the nature upon which God has originated human beings...} (Ar-Rum 30: 30)
God’s messages aim to develop the human being in his or her totality: spiritually, morally, intellectually, physically, individually and socially, and to guard him or her against egotism without suppressing or patternizing human individuality and personal creativity.
Divine guidance develops individuals through to their full spiritual potential instead of being deformed by selfish greed in a material civilization—as the American philosopher John Dewey has sharply pointed out. (Individualism, 10)
Therefore, Islam can be presented to and dealt with by a non-Muslim as an ideology, with some flexibility in using the term since it was coined for human ideas, or as general principles for a comprehensive way of life.
Naturally, however, the intellectual conviction cannot provide the same moral depth, width and constancy as a religious commitment, which looks for the acceptance of the Absolute Supreme and the reward of eternity. Freedom and equality for all human beings are, for the believers in God, definite results of the belief in the one who is the only distinctive and supreme: {the One to whom all greatness belongs,} (Al-Hashr 59: 23)
{There is nothing like unto him.} (Ash-Shura 42: 11)
{There is nothing that could be compared with Him.} (Al-Ikhlas 112: 4)
| Islam presents the essential guidance that allows the creativity of the human mind to conceive, infer from, and build upon it. |
However, the religious dimension in the Islamic ideology or plan, of individual and social, local and global reform, does not mean the establishment of a theocracy. There is no clergy in Islam; any intelligent human being who knows the language and the style can understand and interpret God’s message and no supernatural or metaphysical power can be required or claimed for such a work.
God’s message has ‘been preserved and made known publicly through centuries; and no human being can add to it or detract from it. The ideology of Islam, if we may say so, is not totalitarian. It does not dictate details that dominate every moment or make an imperative for any human thought and move, nor does it claim to provide a definitive prescription in advance for every specific problem that may emerge at any time in the future.
Islam presents the essential guidance that allows the creativity of the human mind to conceive, infer from, and build upon it. The ruling authorities cannot monopolize providing the interpretation of the divine guidance or offer new solutions for emerging problems from above without involving the people, and every sane adult has the right to participate in such a process.
Human Dignity
Human freedom and equality are fundamental in any democracy. Similarly, Islam considers “human dignity” fundamental to its guidance for the right way of life. The Quran reads: {We have indeed conferred dignity on the children of Adam, and carried them on land and sea, and provided for them sustenance out of the good things of life, and favored them far above most of Our creation} (Al-Isra’ 17: 70)
All the children of Adam, whatever their race, ethnicity, gender, age, social status and beliefs may be, have been granted dignity by their Creator without any distinction, and this human dignity must be secured and maintained by His guidance and laws through the Muslim teachers and authorities, and should never be subjected to violation or declination. Human dignity is comprehensive; it encompasses all human dimensions: spiritual, moral, intellectual and physical. Sustenance from the good things of life must be secured for every human being through fair conditions of work and decent social welfare for those who cannot work temporarily or permanently.
Freedom to move from one place to another is an essential feature of human dignity that fulfills the universality of the human creature with his or her unique spiritual, moral, and intellectual potential. Any restrictions in this respect within the country or throughout the world must be considered against human dignity.
Human dignity comprises the fulfillment of obligations as well as the security of rights. Thus, the Quran uses the word “dignity” to underscore the correspondent human rights and obligations, which should be together carried out to secure the human dignity. Thus, a selfish view of freedom or human rights (which was noticed, for example, in French society after the 1789 revolution and in some Eastern European societies after the collapse of communism) can be avoided.
Early jurists gathered out from the various rules of Islamic Law (shari’ah) held that its goal is securing and developing the human being in these five basic areas: life, family and children, mind, freedom of faith, and rights of ownership whether private or public.
Human dignity is supported in Islam by educational and organizational measures, and is not presented as empty words, mere rhetoric or personal piety.
Shura in the Islamic Way of Life
| Shura is not limited to the political field; it has to be developed starting with the family base to be a general way of life in all areas. |
Human beings have relative knowledge and no absolute power. They are all equal and enjoy dignity granted to them by God since their creation, and each is accountable in this life and in the life to come for his or her deeds. Every matter, even the faith itself, should rely on one’s conviction about what is right and what is wrong without any coercion or intimidation.As the Quran says: {No coercion is [allowed] in matters of faith.} (Al-Baqarah 2: 256)
Based on these beliefs, any human being cannot decide arbitrarily and independently a matter that concerns others and not himself or herself alone, nor claim if he or she does so, an immunity from accountability. The Quran makes “shura” (participation with others in making a decision that concerns them,) subsequent to and a consequence of the faith in God. It represents the positive response to His message and comes next to making prayers to Him: {and those, who respond to [the call of] their Lord, and keep up the prayers, and whose rule in a matter [of common concern] comes out of consultation among themselves...} (Ash-Shura 42: 38)
The initiative of involving others in making a decision of common interest has to come from those who are responsible for leadership and making such decisions. However, those concerned people take the initiative to offer their advice to the leadership in a suitable way when they find this necessary, since giving advice is an obligation of every individual towards leaders and the public as well according to a hadith of Prophet Muhammad. Enjoining the doing of what is right and good and forbidding the doing of what is wrong and evil is the responsibility of the state authorities as well as the people and any group of them.
Shura is not limited to the political field; it has to be developed starting with the family base to be a general way of life in all areas. Spouses, even in the case of divorce, have to conduct family matters: {…by mutual consent and counsel} (Al-Baqarah 2: 233)
Both requirements have to be fulfilled together without split, since consent must be based on mutual consultation and not taken for granted, and consultation should lead to mutual consent and not be exercised as a superficial formality. The child has to be educated to express himself or herself freely but properly about what ought to be done or avoided.
The family and the school have essential roles in developing shura as a way of life.
Shura means a serious and effective participation in making a decision, not merely a ceremonial procedure. The Quran addresses the Prophet who received divine revelation to rely on shura in making decisions concerning common matters for which no specific revelation had come: {…and take counsel with them in all matters of common concern; then, when you have made a decision (accordingly), place your trust in God.} (Al-Imran 3: 159)
If the Prophet is addressed to involve the believers in decision-making regarding a common matter for which no specific revelation exists, all the believers must follow this teaching. The distinguished Andalusian Quranic commentator Ibn ‘Atiyya stated his commentary on this verse:
“Shura is one of the basics of Islamic law (shari’ah), and a mandatory rule; and any [who is entrusted with a public authority] who does not take the counsel of those who have knowledge and are conscious of God, should be dismissed from his [or her public] position, and there is no argument about that.” (al-Muharrar, 280-1)
| reliance on majority opinion is the only reasonable and acceptable procedure |
Even in his private life, when his wife ‘Aisha faced a false accusation shortly afterwards, he asked his companions for their opinions. Later on, in the year 23 H./644 C.E., as soon as Caliph ‘Umar was stabbed, he appointed a committee to discuss, among themselves and with the people, who would succeed him; and their decision had to be made by the majority.
It is obvious from the previously-mentioned verse (3: 159), that any decision made should be based on the results of shura. It is evident in the historical events that the decisions taken were based on the opinions of the majority. Although the minority or even a single person may be right and the majority may be wrong, reliance on majority opinion is the only reasonable and acceptable procedure among human beings, for the risk of error in such a case is far less than in an individual or minority opinion. Freedom of expression and freedom of assembly are essential to determine the right decision among different views, and opposition is naturally indispensable for the life and efficiency of shura.
Besides, the courts, especially a supreme or constitutional court, can always check the constitutionality and legality of any decision. In case of any violation of the general principles of the Islamic Law (shari’ah), any decision made by any authority can be overturned by courts.
Shura in the Political Life
Everyone has the right and obligation to participate in deciding who will be their leaders and representatives by shura, and the elected public bodies must reach their decisions by shura. The Quran states that a majority of human beings may not always be on the right track (see, for example, 2:243, 6:116, 7:187, 11:17. 17:89, and 37:71), but it never teaches that a majority of reasonable and sincere people can be less reliable and more erring than an individual or a minority among them; this is sharply pointed out by Muhammad Abdu and Muhammad Rashid Rida in their prominent commentary on the Quran.
The majority can make mistakes, but making mistakes is human and humans are only required to make serious efforts to determine what is right and to avoid mistakes, making use of accumulated human knowledge and experience about the discussed matter.
Such requirements can be met far better in a majority decision. As previously mentioned, many precedents can be found in the life of the Prophet and the early Caliphs about decisions made according to the majority even if they differed from the leader’s view.
| According to the Islamic historical precedents, there is a real binding contract—not a fictitious one—between the ruler and the ruled. |
Follow the way of the largest group of Muslims! For, he who deviates from this group will be thrown into Hell! (Ibn Majah)
The primary area for shura
is in choosing the head of the state. In our times, the state leader
may be directly chosen by the people or by their elected
representatives, and may be the head of the executive branch, or just a
symbol for the state while the actual authority is given to the prime
minister. In the last case, the prime minister is the leader of the
political party whose candidates have won the majority of the seats of
the representative body, which may also be called the “parliament.”The Quran states: {O you have attained to faith! Obey God, and obey the Conveyor of the Message [of God] and those from among you who have been entrusted with authority by you; and if you are at variance over any matter, refer it to God and the Conveyor of the Message [of God] if you believe in God and the Last Day; this is advantageous [for your human relations] and most appropriate for reaching what is right} (An-Nisa’ 4: 59)
The verse indicates that those who are in authority should be those {from among you who are entrusted with authority by you}
This may remind us of the characterization of democracy as establishing “the government of the people by the people for the people.”
While a democratic decision has to comply with “imagined” natural human rights or a social contact as a safeguard against any possible majority injustice, Muslims and those who are entrusted with authority “from among them, by them” are bound by the goals and general principles of shari’ah that secure human dignity, and guard and develop for all human beings: their life, families and children, minds, freedom of faith and ownership of private or public property.
According to the Islamic historical precedents, there is a real binding contract—not a fictitious one—between the ruler and the ruled. The mutual pledge, which was called “bay’a,” holds the ruler responsible for assuring the supremacy of God’s law and justice, securing human dignity, serving the public interest, and fulfilling the entire duties of the position, while it holds the people responsible for supporting the ruler, obeying his decisions that comply with God’s law, and fulfilling their obligations. (Nusus, 224)
The preceding verse implies that those who are entrusted with authority by the people form “organizational bodies” are not considered mere individuals, since they are always referred to in the Quran in the plural. Moreover, differences may naturally emerge within these bodies that are entrusted with authority, or between them and the people or groups of them. The parties at variance are referred to the guidance of God and the Conveyor of His message, which may be presented and decided in the most appropriate way, whenever this becomes necessary, by a supreme court.
The head of the state can be elected directly by the people or by the parliamentary representatives of the people, or can be nominated by these representatives and introduced to the public vote. Any procedure can be followed according to its own merits and to the given circumstances, and Islam accepts that which is in the interest of the people.
Early Caliphs were chosen primarily from a narrow circle and vested by bay’ah, then the chosen Caliphs would go to the public to get their acceptance through the public
bay’ah. As previously indicated, bay’ah is a mutual pledge: from the ruler to follow the Islamic Law and satisfy the public, and from the people to support the ruler and advise him.
Other Areas for Shura (Consultation)
- Shura has a role in the election of the people’s representatives in the parliamentary body (or bodies) and its practice of legislation, guarding the public interest through checking the executive exercise of power, and pursuing the people’s concerns. When the principle of “one person, one vote” fails to secure a fair representation of any group: ethnic, religious or social (i.e., women), justice (the main goal of shari’ah) has to be secured by appropriate means in the given circumstances, such as assigning for each of such groups a certain number of seats in proportion to their size, which would be exclusively contested in certain constituencies or in the country as a whole by those who are related to the group, as some democratic ideas or practices have indicated.
In addition, a limited number of seats, which should represent a minority in the whole parliament, may be occupied by elected representatives of professional or social organizations. Continuous democratic experiences always contribute ways for reaching the best possible representation of the people and their diverse structure and interests.
- Discussions, hearings, and reaching decisions by the representative body and its committees, within themselves, with the executive bodies or with other organizations or individuals in relation to any public concern, represent a vital area for the practice of shura.
- A significant practice of shura may occur if public referendum is found appropriate in certain matters of special importance, which may be decided by the legislature or by a required number of voters through an indicated procedure.
- In the executive branch and its departments, shura naturally has its place in the discussions and decisions.
- Shura has also to be practiced in the elections of leaders and boards in workers’, professionals’ and students’ unions, and in the discussions and decisions of these elected bodies, and in any wider conference they may arrange.
- Technical and professional shura ought to be conducted in schools, hospitals, factories, companies or any other business.
- In the courts, shura is followed when there is more than one judge ruling over the case, or when the jury system is applied.
Democracy and the Concept of Shura (Part 2)
Women are equal to men in public responsibilities
Part 1
Voting
The democratic mechanism in elections and decision-making is voting, and its known and accepted form is “one person, one vote.”
This procedure was suggested by Caliph ‘Umar for the committee that he appointed to determine who would succeed him as Caliph after being stabbed.
It was further evident from many historical precedents that Prophet Muhammad and the early Caliphs followed the visible majority in making their decisions. The above-mentioned tradition of the Prophet teaches that one has to follow the overwhelming majority when there is a serious spilt.
To
those who argue that “one person, one vote” makes the judgment of the
most knowledgeable person equal to that of the most ignorant one, one
may reply by saying that, in relation to the common interest of the
people, any adult with common sense and civic abilities and experience
can make a judgment. Campaigns that support different candidates’ views
and the mass media provide valuable information for a serious voter. Any
discrimination in the votes, on whatever grounds, may be arbitrary.
Judgment about a public matter of an uneducated but experienced person may be sounder than that of an inexperienced university graduate.Women are equal to men in public responsibilities as the Quran explicitly states:
{And the believers, both men and women, are in charge of [and responsible for] one another: they all enjoin the doing of what is right and good and forbid the doing of what is wrong and evil...} (At-Tawbah 9: 71)
Women’s views regarding who should succeed Caliph ‘Umar were pursued, even those of women who were staying in their homes. (Al-Bidayah, 151)
The notable commentator on the Quran Ibn Jarir al-Tabari (d. 310H./922 C.E) and the prominent jurist Ibn Hazm (d. 450CH./668 C.E.) stated that: “A woman can occupy the distinguished position of a judge, if she is qualified for it.” (Bidayat, 384; al-Muhalla, 523)
The Quranic verse about making a male witness equal to two female witnesses in a credit contract indicates that this is meant when a woman might not be familiar with such transactions and their legal requirements: {so that if one of them should make a mistake the other could remind her} (Al-Baqarah 2: 82)
It
is obvious from the Quranic text, the historical social context, and
the jurisprudential principle that: “a legal rule follows its reason: if
the reason continues to exist, the rule holds, and if the reason ceases
to exist the rule is not applied”—all this makes it obvious that the
verse does not address educated or business-experienced women, nor
address common human interests which do not require specialization.
The distinguished jurist Ibn al-Qayyim (d. 751H./1350 C.E.) indicated in his book, al-Turuq al-Hukmiyya (Ways of Ruling), as well as other jurists, that “this rule does not apply to the testimony of a woman in other areas that she may know well”. (Bidayat, 348)
If some jurists stated that a woman could be a judge, then the verse about her testimony cannot be understood as a general rule for the whole gender in all times and places.
Candidacy
Elections require several candidates from whom to choose for a position. Caliph ‘Omar nominated six distinguished persons from which one might be chosen as a candidate for the caliphate to succeed him. Some argue against such a procedure from an Islamic point of view, arguing that Prophet Muhammad said:
It goes without saying that presenting the candidate’s merits and capability for the position, and criticizing others’ in capabilities should follow the legal and ethical principles of Islam. The requirements for a candidate, or what may bar a person from a candidacy can be decided in the light of Islamic legal and moral teachings, and according to social circumstances.
In Islam, women may be members of the parliament, ministers, judges, and-military and police officers, according to their merits and credentials, since they enjoy equal rights and responsibilities to men in joining the doing of what is right and good and forbidding what is wrong and evil.
Non-Muslims represent an inseparable part of the society and the state and have the right and duty to occupy positions in the executive, legislative and judicial branches and in the military and police as per their merits and credentials, according to the Prophet’s constitutional document in Madinah and several historical precedents.
A modern state is ruled by bodies, not by individuals, and non-Muslims would represent in any body their size and weight in the society. The prominent Shafi’i jurist al-Mawardi (d. 456H/1068 C.E.) stated that “a Caliph can have a non-Muslim executive minister.” (al-Ahkam, 27)
Non-Muslims were known as ministers and top officials in Islamic states such as Egypt and Muslim Spain. As for a non-Muslim judge, he or she has to apply the state code of laws according to whatever his or her beliefs may be. However, the areas that are related or close to the faith—such as family matters and waqf (a property of which the revenues are permanently allotted to charity or certain beneficiaries) can be assigned to a judge of the litigant’s faith.
Multi-Party System, the Opposition
Political parties are essential
for democracy, as they help people to form their views and choices about
persons or policies. Besides, the individual finds himself or herself
helpless to oppose governmental authority, especially in a modem state
with its enormous power provided by advanced technology in suppressing
opposition and in influencing public opinion. The multi-party system has
proved to be the most—if not the only—democratic formula in this
respect. The one-party system has never allowed any real or effective
opposition within itself, and such an opposition can never grow outside
from its individuals who have no vehicle to contact the masses, and no
power as individuals to challenge the government with all its
authorities and oppressive measures.
Islam secures the right of assembly, and the Quran urges that groups may be formed to enjoin the doing of what is right and good and forbid what is wrong and evil, which is the essence of politics:
{And let there be from among you a community (Ummah) that calls to good and enjoins the doing of what is right and forbids the doing of what is wrong} (Al-Imran 3: 104)
The word ummah used in the verse may not always mean the whole community but just a group of people, especially when the word is connected with the preposition “from,” as in the above mentioned verses: {from among you...}. This need not hurt the fundamental unity of the people, since political differences are human and inevitable, and thus should not affect the public unity if they are properly handled in objective and ethical ways. As politics represent an area of human thinking and judgment and discretion (ijtihad), the Quran assumes that Muslims may face differences and even disputes, and they have to settle them according to the guidance of the Quran and the Sunnah.
Different legitimate approaches towards the understanding and interpretation of the divine texts and implementing them may naturally arise. Early Muslims had their conceptual differences from time to time, and they argued about the state leadership after the Prophet’s death. Their political differences were represented in certain groups, which freely and openly expressed their diverse views on that occasion in a public meeting at al-Saqifa. Later, Muslims had several theological groups with different political concepts, as they had their different jurisprudent! All schools and such differences should not by any means hurt the public unity, when they are objectively and ethically tackled.Accordingly, Muslims can form several Islamic political parties: all of them are committed to Islam, but each with its own concepts or methods of political activity, or with different programs of reform when they rule. Although establishing parties on ethnic grounds or for personal or family considerations ought not to be encouraged from the Islamic point of view—especially among Muslims—this may be acceptable in given circumstances.
Non-Muslims and secularists can
have their political parties to present their views, and defend their
interests and guard the human rights and dignity of all the children of
Adam as the Quran teaches. Women can join or form the party they like.
Political fronts and alliances may involve Islamic parties and others
whenever this may be beneficial for the Muslims and the entire people.
As well, coalitions can gather various parties, including Islamic ones,
to form a government. Such diversity in political thinking, concerns,
and activities within the people’s unity represents a fundamental
organizational tool for human pluralism, in order to secure and defend
the dignity of all children of Adam.
Opposition is indispensable in a democratic system, and should not raise doubts to the Muslim mind. It is needed to scrutinize the government’s activities, and to be ready to replace it if it loses the confidence of the people. Opposition does not oppose for the sake of opposition; it should support the public unity during national crisis.
However, opposition may not be efficient or effective when the political parties become so many that forming a coalition to govern, or a weighty opposition would be problematic. This is a challenge for the multi-party system, which some contemporary democracies are facing and suffering from. It may be overcome through political prudence and moral responsibility rather than by any legal restriction that may be arbitrarily decided or executed.
Legislation and Separation of Powers
Some Muslims may argue that, since God is the Lawgiver, there should not be a legislative body in an Islamic state. In fact, the legislature specifies and puts in detail the required laws, while the Quran and Sunnah present general principles and certain rules. Even in the case of such particular rules in the Quran or the Sunnah, different interpretations and jurisprudential views might arise about a certain text on the grounds of its language and its relation to other relevant texts. It is essential that a certain interpretation or jurisprudential view should be adopted by the state as a law, and this has to be decided by the legislature, so that the courts may not be left to different rules that may be applied in the same case according to the views and discretion of different judges—a complaint the Egyptian well known writer Ibn al-Muqaffa’ (d. 142H./759 C.E.) made in his time. (Qtd.in Duha, 174)
Besides, there is extensive room for what is allowed by shari’ah and such an enormous area of allowed matters ought to be organized in a certain way, making any of them mandatory, forbidden, or optional according to the changing circumstances in different times and places. Public interest has its consideration in introducing new laws, which were not specified in the Quran and Sunnah, but which are needed in a certain time or place, and which do not contradict any other specific rule in the divine sources, but can be supported by the general goals and principles of shari’ah.
Many laws are required in a modem state in various areas such as traffic, irrigation, construction, roads, transportation, industry, business, currency, importing and exporting, public health, education, and so on, and they must only be provided according to the consideration of public interest or in the light of the general goals and principles of shari’ah, as there are no specific texts in the Quran and Sunnah that directly deal with every emerging need in every time and place.
Prophet
Muhammad himself expected that some cases, which may not have a
particular corresponding rule in the Quran and Sunnah, would face a
judge who has to use his own discretion and judgment “ijtihad”, which is naturally assisted by the essence of shari’ah and guided by its general goals and principles. Such a juristic or judicial discretion, ijtihad,
may have to be generalized and codified as a state law, and not left to
personal differences of the jurists or judges. Changing circumstances
influence the human understanding of the legal text, and develop new
legitimate needs for legislation. Considering the goals and general
principles of the Islamic law in responding to changing social needs has
been called in the Islamic law: the conduct of the state policies
according to shari’ah “al-siyasa al-shari’iyya”. The distinguished jurist Ibn al-Qayyim wrote:“A
debate took place between (the jurist) Ibn Aqil and another jurist. Ibn
Aqil said: ‘Applying (discretionary) policies is prudence, and is
needed and practiced by any leader (imam).’ Another (jurist) said, ‘No policy (siyasa) should be applied except what abides by shari’a. Ibn Aqil said, siyasa (which can be described as related to shari’a)
represent actions that make people nearer to what is good and further
from what is evil, even if such policies were not practiced by the
Prophet or included in God’s revelation.”
Ibn al-Qayyim underlined the lack of true knowledge of shari’ah and how it copes with the existing realities, and made this fascinating statement:
“God only sent the conveyors of His message and sent down His revealed books so that people deal with one another with justice. Wherever a sign of truth appears, and an evidence of justice rises—by any way, there is God’s law and command. God has only indicated through the ways that he gave as laws [by revelation] that His purpose is to establish justice and to secure it in people’s behavior: and thus any way that makes the truth clear and justice recognized should be followed in ruling... We do not see that a just policy may differ from the comprehensive shari’a, but it is merely a part of shari’ah, and calling it policy, “siyasa” is merely a term, since it is just inseparable from shari’ah.” (I’lam, 37)
The legislature, then, is necessary and legitimate in a modern Islamic state. It also watches the practices of the executive body, enquires about any failure and introduces any necessary legislation for reform. The principle of “checks and balances” would be helpful in organizing the state bodies and their powers, and guarding the public interest. The separation of the legislative and the executive in their functions should allow channels of cooperation and should not create a climate of confrontation.
The moral and spiritual dimension in the politics of an Islamic state may help organizationally and psychologically to develop the essential co-operation between the two branches. As for the judiciary, it should be independent and protected against any interference or pressure.
Contemporary mass communications provide a valuable vehicle for public information, education and expression. Talk shows, panel discussions, movies, series, songs and other entertainment programs also have their impact on the public attitudes in the various areas of life. I limit myself here to the political side.
Any established means of mass communication must be secured for all. This right may be organized, but never restricted.
Freedom of searching for information from different sources including the governmental authorities should also be secured. Legal and ethical safeguards ought not to hinder creativity. The media can help the readers and the audience to become more aware of the political issues, especially during election campaigns, and this would make them more capable of a right decision. Any new legislation or any public measure may be more successful in achieving its objective if it is preceded, combined and followed by information and education of the people through the media.
According to the Quran, God’s guidance has to be clarified to a person before being responsible for a deliberate deviation from it (see 4:115; 47:25, 33) Those who are entrusted with authority by the people have to respond to people’s questions about their practices, while the people have the responsibility to look for the information from the proper sources and avoid rumor traps by using their common sense and moral values (see 4:83; 49:6-8). If any of the mass media is run by the government in a way or another, political parties and contestants for public offices should have equal opportunities to address the people.
However, rights go hand-in-hand with responsibilities. Modern technology has endowed the media, both within the country and universally, with a formidable power that ought to have ethical and legal safeguards. A universal document and supervision may be needed. Heavy pressures on the private media come from wealthy and influential contributors and advertisers. It is a real challenge for the modern world to benefit from this huge technical and psychological power and avoid its excessiveness and abuse. A combination of morality and creativity is essential in such a vital and sensitive area.
Works Cited:
Al-Mawardi, Ali ibn Muhammad. al-Ahkam al-Sultaniyya. Cairo: Mustafa al-Halabi, 1973
Amin, Ahmad. Duha al-Islam. Beirut: Dar al-Kitab al-Arabi. 11th Ed., 1975.
Ibn al-Qayyim al-Jawziyyah. I 'lam al-Muwaqqi‘een. Vol. 3. Cairo: al-Maktabah al-Tijariyah al-Kubra, 1955
Ibn Kathir, lsma’il ibn ’Umar. Al-Bidayah wa-l-Nihayah. ed. by Ahmad abu Milhim et al. V. 7. Beirut: Dar al-Kutub al Ilmiyya, 1988
Ibn Rushd, Muhammad ibn Ahmad. Bidayat al-Mujtahid. Vol. 2. Beirut: Dar al-Fikr, n.d.; Ibn Hazm, Ali ibn Ahmad. al-Muhalla. ed. Muhammad Khalil al-Harras. Vol. 9. Cairo: Matba’at al-Imam, n.d.
Voting
The democratic mechanism in elections and decision-making is voting, and its known and accepted form is “one person, one vote.”
This procedure was suggested by Caliph ‘Umar for the committee that he appointed to determine who would succeed him as Caliph after being stabbed.
It was further evident from many historical precedents that Prophet Muhammad and the early Caliphs followed the visible majority in making their decisions. The above-mentioned tradition of the Prophet teaches that one has to follow the overwhelming majority when there is a serious spilt.
| On Islam and Democracy
- On Democracy and Better Politics for Muslims - Al-Azhar Promotes Arab Reform, Democracy |
Judgment about a public matter of an uneducated but experienced person may be sounder than that of an inexperienced university graduate.Women are equal to men in public responsibilities as the Quran explicitly states:
{And the believers, both men and women, are in charge of [and responsible for] one another: they all enjoin the doing of what is right and good and forbid the doing of what is wrong and evil...} (At-Tawbah 9: 71)
Women’s views regarding who should succeed Caliph ‘Umar were pursued, even those of women who were staying in their homes. (Al-Bidayah, 151)
The notable commentator on the Quran Ibn Jarir al-Tabari (d. 310H./922 C.E) and the prominent jurist Ibn Hazm (d. 450CH./668 C.E.) stated that: “A woman can occupy the distinguished position of a judge, if she is qualified for it.” (Bidayat, 384; al-Muhalla, 523)
The Quranic verse about making a male witness equal to two female witnesses in a credit contract indicates that this is meant when a woman might not be familiar with such transactions and their legal requirements: {so that if one of them should make a mistake the other could remind her} (Al-Baqarah 2: 82)
| If some jurists stated that a woman could be a judge, then the verse about her testimony cannot be understood as a general rule |
The distinguished jurist Ibn al-Qayyim (d. 751H./1350 C.E.) indicated in his book, al-Turuq al-Hukmiyya (Ways of Ruling), as well as other jurists, that “this rule does not apply to the testimony of a woman in other areas that she may know well”. (Bidayat, 348)
If some jurists stated that a woman could be a judge, then the verse about her testimony cannot be understood as a general rule for the whole gender in all times and places.
Candidacy
Elections require several candidates from whom to choose for a position. Caliph ‘Omar nominated six distinguished persons from which one might be chosen as a candidate for the caliphate to succeed him. Some argue against such a procedure from an Islamic point of view, arguing that Prophet Muhammad said:
By Allah, we do not appoint to this position one who asks for it, nor anyone who is covetous for it. (Muslim)
According
to scholars in this field and jurists, this is interpreted as a warning
against asking for a public position merely for a personal benefit
without considering its responsibilities and the required capabilities
for fulfilling them. One who is capable for a public position, fully
aware of its responsibilities, and thinks that he or she can fulfill
them and commits himself or herself to do so, can ask for the position
and mention his or her qualifications for it, as the Prophets Joseph and
Solomon did. Joseph said to the King of Egypt: {Set me in charge of the store-houses of the land, I am a knowing and honest guardian} (Yusuf 12: 55), and Solomon prayed: {O my Lord! Forgive me and grant me a kingdom such as may not befall anyone after me} (Sad 38: 35)It goes without saying that presenting the candidate’s merits and capability for the position, and criticizing others’ in capabilities should follow the legal and ethical principles of Islam. The requirements for a candidate, or what may bar a person from a candidacy can be decided in the light of Islamic legal and moral teachings, and according to social circumstances.
In Islam, women may be members of the parliament, ministers, judges, and-military and police officers, according to their merits and credentials, since they enjoy equal rights and responsibilities to men in joining the doing of what is right and good and forbidding what is wrong and evil.
Non-Muslims represent an inseparable part of the society and the state and have the right and duty to occupy positions in the executive, legislative and judicial branches and in the military and police as per their merits and credentials, according to the Prophet’s constitutional document in Madinah and several historical precedents.
A modern state is ruled by bodies, not by individuals, and non-Muslims would represent in any body their size and weight in the society. The prominent Shafi’i jurist al-Mawardi (d. 456H/1068 C.E.) stated that “a Caliph can have a non-Muslim executive minister.” (al-Ahkam, 27)
Non-Muslims were known as ministers and top officials in Islamic states such as Egypt and Muslim Spain. As for a non-Muslim judge, he or she has to apply the state code of laws according to whatever his or her beliefs may be. However, the areas that are related or close to the faith—such as family matters and waqf (a property of which the revenues are permanently allotted to charity or certain beneficiaries) can be assigned to a judge of the litigant’s faith.
Multi-Party System, the Opposition
| the Quran urges that groups may be formed to enjoin the doing of what is right and good and forbid what is wrong and evil, which is the essence of politics |
Islam secures the right of assembly, and the Quran urges that groups may be formed to enjoin the doing of what is right and good and forbid what is wrong and evil, which is the essence of politics:
{And let there be from among you a community (Ummah) that calls to good and enjoins the doing of what is right and forbids the doing of what is wrong} (Al-Imran 3: 104)
The word ummah used in the verse may not always mean the whole community but just a group of people, especially when the word is connected with the preposition “from,” as in the above mentioned verses: {from among you...}. This need not hurt the fundamental unity of the people, since political differences are human and inevitable, and thus should not affect the public unity if they are properly handled in objective and ethical ways. As politics represent an area of human thinking and judgment and discretion (ijtihad), the Quran assumes that Muslims may face differences and even disputes, and they have to settle them according to the guidance of the Quran and the Sunnah.
Different legitimate approaches towards the understanding and interpretation of the divine texts and implementing them may naturally arise. Early Muslims had their conceptual differences from time to time, and they argued about the state leadership after the Prophet’s death. Their political differences were represented in certain groups, which freely and openly expressed their diverse views on that occasion in a public meeting at al-Saqifa. Later, Muslims had several theological groups with different political concepts, as they had their different jurisprudent! All schools and such differences should not by any means hurt the public unity, when they are objectively and ethically tackled.Accordingly, Muslims can form several Islamic political parties: all of them are committed to Islam, but each with its own concepts or methods of political activity, or with different programs of reform when they rule. Although establishing parties on ethnic grounds or for personal or family considerations ought not to be encouraged from the Islamic point of view—especially among Muslims—this may be acceptable in given circumstances.
| Opposition is indispensable in a democratic system, and should not raise doubts to the Muslim mind. It is needed to scrutinize the government’s activities |
Opposition is indispensable in a democratic system, and should not raise doubts to the Muslim mind. It is needed to scrutinize the government’s activities, and to be ready to replace it if it loses the confidence of the people. Opposition does not oppose for the sake of opposition; it should support the public unity during national crisis.
However, opposition may not be efficient or effective when the political parties become so many that forming a coalition to govern, or a weighty opposition would be problematic. This is a challenge for the multi-party system, which some contemporary democracies are facing and suffering from. It may be overcome through political prudence and moral responsibility rather than by any legal restriction that may be arbitrarily decided or executed.
Legislation and Separation of Powers
Some Muslims may argue that, since God is the Lawgiver, there should not be a legislative body in an Islamic state. In fact, the legislature specifies and puts in detail the required laws, while the Quran and Sunnah present general principles and certain rules. Even in the case of such particular rules in the Quran or the Sunnah, different interpretations and jurisprudential views might arise about a certain text on the grounds of its language and its relation to other relevant texts. It is essential that a certain interpretation or jurisprudential view should be adopted by the state as a law, and this has to be decided by the legislature, so that the courts may not be left to different rules that may be applied in the same case according to the views and discretion of different judges—a complaint the Egyptian well known writer Ibn al-Muqaffa’ (d. 142H./759 C.E.) made in his time. (Qtd.in Duha, 174)
Besides, there is extensive room for what is allowed by shari’ah and such an enormous area of allowed matters ought to be organized in a certain way, making any of them mandatory, forbidden, or optional according to the changing circumstances in different times and places. Public interest has its consideration in introducing new laws, which were not specified in the Quran and Sunnah, but which are needed in a certain time or place, and which do not contradict any other specific rule in the divine sources, but can be supported by the general goals and principles of shari’ah.
Many laws are required in a modem state in various areas such as traffic, irrigation, construction, roads, transportation, industry, business, currency, importing and exporting, public health, education, and so on, and they must only be provided according to the consideration of public interest or in the light of the general goals and principles of shari’ah, as there are no specific texts in the Quran and Sunnah that directly deal with every emerging need in every time and place.
| Changing circumstances influence the human understanding of the legal text, and develop new legitimate needs for legislation. |
Ibn al-Qayyim underlined the lack of true knowledge of shari’ah and how it copes with the existing realities, and made this fascinating statement:
“God only sent the conveyors of His message and sent down His revealed books so that people deal with one another with justice. Wherever a sign of truth appears, and an evidence of justice rises—by any way, there is God’s law and command. God has only indicated through the ways that he gave as laws [by revelation] that His purpose is to establish justice and to secure it in people’s behavior: and thus any way that makes the truth clear and justice recognized should be followed in ruling... We do not see that a just policy may differ from the comprehensive shari’a, but it is merely a part of shari’ah, and calling it policy, “siyasa” is merely a term, since it is just inseparable from shari’ah.” (I’lam, 37)
The legislature, then, is necessary and legitimate in a modern Islamic state. It also watches the practices of the executive body, enquires about any failure and introduces any necessary legislation for reform. The principle of “checks and balances” would be helpful in organizing the state bodies and their powers, and guarding the public interest. The separation of the legislative and the executive in their functions should allow channels of cooperation and should not create a climate of confrontation.
The moral and spiritual dimension in the politics of an Islamic state may help organizationally and psychologically to develop the essential co-operation between the two branches. As for the judiciary, it should be independent and protected against any interference or pressure.
Contemporary mass communications provide a valuable vehicle for public information, education and expression. Talk shows, panel discussions, movies, series, songs and other entertainment programs also have their impact on the public attitudes in the various areas of life. I limit myself here to the political side.
Any established means of mass communication must be secured for all. This right may be organized, but never restricted.
Freedom of searching for information from different sources including the governmental authorities should also be secured. Legal and ethical safeguards ought not to hinder creativity. The media can help the readers and the audience to become more aware of the political issues, especially during election campaigns, and this would make them more capable of a right decision. Any new legislation or any public measure may be more successful in achieving its objective if it is preceded, combined and followed by information and education of the people through the media.
According to the Quran, God’s guidance has to be clarified to a person before being responsible for a deliberate deviation from it (see 4:115; 47:25, 33) Those who are entrusted with authority by the people have to respond to people’s questions about their practices, while the people have the responsibility to look for the information from the proper sources and avoid rumor traps by using their common sense and moral values (see 4:83; 49:6-8). If any of the mass media is run by the government in a way or another, political parties and contestants for public offices should have equal opportunities to address the people.
However, rights go hand-in-hand with responsibilities. Modern technology has endowed the media, both within the country and universally, with a formidable power that ought to have ethical and legal safeguards. A universal document and supervision may be needed. Heavy pressures on the private media come from wealthy and influential contributors and advertisers. It is a real challenge for the modern world to benefit from this huge technical and psychological power and avoid its excessiveness and abuse. A combination of morality and creativity is essential in such a vital and sensitive area.
Works Cited:
Al-Mawardi, Ali ibn Muhammad. al-Ahkam al-Sultaniyya. Cairo: Mustafa al-Halabi, 1973
Amin, Ahmad. Duha al-Islam. Beirut: Dar al-Kitab al-Arabi. 11th Ed., 1975.
Ibn al-Qayyim al-Jawziyyah. I 'lam al-Muwaqqi‘een. Vol. 3. Cairo: al-Maktabah al-Tijariyah al-Kubra, 1955
Ibn Kathir, lsma’il ibn ’Umar. Al-Bidayah wa-l-Nihayah. ed. by Ahmad abu Milhim et al. V. 7. Beirut: Dar al-Kutub al Ilmiyya, 1988
Ibn Rushd, Muhammad ibn Ahmad. Bidayat al-Mujtahid. Vol. 2. Beirut: Dar al-Fikr, n.d.; Ibn Hazm, Ali ibn Ahmad. al-Muhalla. ed. Muhammad Khalil al-Harras. Vol. 9. Cairo: Matba’at al-Imam, n.d.
This is an excerpt from the paper "Islam in a Modern State:
Democracy and the Concept of Shura" by Fathi Osman. It first appeared at
http://www.usc.edu
Related Links:
Following the Quran and Sunnah: Solidifying UnityBinding Shura: A Key for Muslim Unity and Success?
Freedom Comes First
Problems of Autocracy and Corruption
Human Rights in Islam
Works Cited:
Ibn ‘Abd al-Hakan, Abd al-Rahman ibn ‘Abd Allah. Futuh Misr wa-l-Maghrib. ed. Abd al-Manim Amir. Cairo: Ministry of Culture, 1961
Ibn Atiyya, Abd al-Haqq ibn Ghalib. Al-Muharrar al-Wajiz. vol. III. Fez: Ministry of Awqaf and Islamic Affairs, 1997
John Dewey, Individualism: Old and New. New York: Minton & Balch, 1930
Muhammad Abduh and Muhammad Rashid Rida, Tafsir al-Quran al-Hakim (Tafsir al-Manar), Cairo: Matba’at Subayh, 1374 H.
Abu Ya’la, Muhammad ibn al-Husayn al-Farra, al-Mu’tamadfi Usul al-Din, a chapter published in Yusuf Ibish, Nusus al-Fikr al-Siyasi al-Islami, Beirut: Dar al-Tali’a, 1966
This is an excerpt from the paper "Islam in a Modern State:
Democracy and the Concept of Shura" by Fathi Osman. It first appeared at
http://www.usc.edu
Subscribe to:
Posts (Atom)