Posts Tagged ‘Jinnah’

Does Pakistan need more religion?

April 25, 2009

Babar Sattar | The News International, Saturday, April 25, 2009

An assumption underlying the debate over our sprawling Talibanisation has been that enforcement of Sharia is a good thing, just not the Taliban brand of Sharia. But how can we know whether a majority of Pakistanis want Sharia to be “enforced” upon them when we have never had a candid debate on the role of religion in this country?

As a state and a society we have put in place a coercive environment where it is heretical to question any social, political or economic agenda articulated in the name of Islam. Our self-enforced inhibition to debate the role of religion in defining the relationship between the citizen and the state in Pakistan is not only breeding and reinforcing religious intolerance in the country but has created an environment where any political agenda camouflaged as a programme for enforcement of Sharia automatically acquires prima facie legitimacy without any scrutiny of the merits of such agenda or its Islamic credentials.

Sufi Mohammed and other semi-literates who support armed jihad, wear a beard and possess a bully pulpit, have arrogated to themselves the divine right to speak in the name of God. These self-styled guardians of Islam have no qualms about openly declaring that anyone opposed to their political agenda is a “fasid,” “mushrik” or “kafir” who automatically stands ousted from the realm of Islam and is liable to be killed. Even when Sufi Mohammed declared that the MQM was a heretical party and our Parliament and judicature constituted an un-Islamic system, our prime minister and other parliamentarians refused to respond to such “personal opinion” of the new emir of Swat.

The elites in Pakistan and mainstream political parties have shown a tendency not to engage in religious discourse. No one wishes to get on the wrong side of the maulvi, who might be an underdog in terms of our societal power dynamics but has accumulated considerable nuisance value over the decades. There has been no focus in Pakistan on the education and training of the maulvi, who is generally drawn from the more deprived sections of the society and drifts towards madrasa or mosque in seeking a full-time vocation in the absence of any alternative prospect of upward professional or social mobility. And yet he has access to the podium in the mosque and the ability to influence the thinking of those who pray behind him, as his legitimacy is a consequence of his position in the mosque, and not derived from his credentials as a scholar of Sharia or Fiqh.

There is religious discourse in the country. But the Parliament or the more educated and progressive sections of the society are neither defining the contours of this discourse nor engaging with it. The consequence is the proliferation of a brand of faith that is seen as being retrogressive and cruel, and that huge sections of the society do not own up or relate to. The village maulvi has been offering half-baked solutions to the complex problems afflicting Pakistan for decades. The Taliban are now doing the same, except that they have also acquired control and monopoly over means of coercion in many parts of Pakistan and thus have the ability to implement their obscurantist agenda. Instead of proposing solutions inspired by Islamic values to the myriad problems of a complex society the Taliban are determined to slap the rest of their compatriots to an ancient time and create a medieval society that simply doesn’t have complex problems.

The crude concept of penal justice and social justice that the Taliban are marketing could be appealing to some deprived, disempowered and disgruntled sections of the society that have lost faith in the ability and will of the state to protect and promote their interests. But the problems that we confront today are the products of a moth-eaten dysfunctional system of governance and not the lack of piety or religion in the country. Forcing people to pray publicly, bullying men into wearing a beard and tying the “shalwar” higher than is customary, and shrouding or shunning women to their homes and excluding them from public life will not make our problems go away. Even assuming for a minute that the freedom and liberty that many value within the society is overrated, what is it that enforcement of some new Sharia system will enable us to do and how is our present constitutional system holding us back?

Over 96 percent of the citizens of Pakistan are Muslims. Some abide by a maximal view of religion and wish to be informed by the texts of the Quran and the Sunnah in performing each and every act in their daily lives. Some follow a minimalist view and while following the mandatory injunctions of Islam they believe to have been endowed with choices and discretion to order their lives. Some acknowledge the mandatory nature of various injunctions of Islam, but lack the discipline or the will to comply with such injunctions. Many are confused about the role religion should play in their public lives and still others are convinced that religion is a private matter between the person and his Creator and has no role in dictating public choices that a community makes as a collectivity. How, then, do we conclude so readily that a majority of the citizens of Pakistan wish Sharia to be “enforced” in the country?

The question of Sharia enforcement must be distinguished from the debate on whether or not Pakistan should be a secular state–i.e., one where the state is legally separated from religion and maintaining a neutral position neither promotes nor prohibits religion. The question being posed here is whether we should be a Muslim nation-state or endeavour to become an Islamic state. We are presently a Muslim nation-state simply by virtue of the fact that our overwhelming majority is Muslim. Islamic rituals and Sharia is already a part of Muslim households, with birth, death, marriage, divorce and inheritance being dealt with in Islamic tradition together with varied compliance with other rituals of Islam. We have a Constitution that states that Islam is the religion of the state and that Muslims shall be “enabled” to order their lives in accordance with the teachings and requirements of Islam.

We have constitutionally created the Council of Islamic Ideology comprising celebrated religious scholars of the country to advise the executive and the legislature on whether any laws are repugnant to Islam. We have a Federal Shariat Court that adjudicates issues that deal with or require enforcement of Islamic law and we have a Shariat Bench as part of our Supreme Court to sit in appeal over decisions of the Federal Shariat Court. Thus, we would have been a Muslim nation-state if we didn’t have institutionalised arrangements to formally incorporate Islamic edicts within our law and jurisprudence. But as an Islamic state we have acquiesced in a minimalist view of religion, whereby any law or ruling repugnant to Islam is to be struck down; but in areas where there is no binding Islamic edict, representatives of the people have the discretion to determine what the law should be. What, then, is enforcement of Sharia meant to achieve? Given that all Muslims agree that there is an obligation to offer prayers five times a day, should we promulgate a law requiring the state to flog whoever fails to say such prayers?

Is it desirable to remove the sensible distinction between a crime and a sin and require the state to step into the shoes of God and sit in judgment over the piety of citizens and punish those found wanting? And, given that Islam as a religion hasn’t bestowed the authority on any individual or institution to speak authoritatively in the name of God or render one authentic interpretation of the edicts enshrined in the Quran and Sunnah, who will determine which conception of Sharia is the legitimate one? Can the state, then, authorise or tolerate one group of people coercing others into complying with their conception of Sharia or itself get into the business of defining a legally binding concept of Sharia? Should the state expand its existing constitutional mandate of ‘enabling’ citizens to order their lives in accordance with Islamic teachings to get into the business of “enforcing” a certain conception of individual Islamic obligations of Muslims?

The liberals in Pakistan continue to reiterate Jinnah’s vision for a secular Pakistan and his speech of Aug 11, 1947, emphasising that the state would have nothing to do with religion. But even if we concede for a moment that “Pakistan ka matlab kya, la illa ha illallah” summarises the true purpose of Pakistan’s creation, the slogan means different things to different people. There is urgent need for us to have an open public debate in the country to evolve a consensus over the role that the state can, and should, legitimately plan in relation to Islam. So long as we continue to abdicate the responsibility of defining for ourselves the manner in which we wish the state and religion to interact in Pakistan out of timidity, laziness or indifference, obscurantists, bigots and vigilantes who neither have the ability nor the inclination to develop the concept of a modern Muslim nation-state will continue to hijack religion to pursue invidious political and personal agendas.

The writer is a lawyer based in Islamabad. He is a Rhodes scholar and has an LL.M from Harvard Law School.

The Pakistan Problem

April 8, 2009

By Badri Raina | ZNet April 8, 2009

I

Now suppose that the post-Independence Indian State had been constituted as Savarkar and the Hindu Mahasabha, Gowalkar and the RSS had wished it to be constituted—a theocratic Hindu one.

Clearly, secularism would not have been enshrined as one of its “basic principles”; nor would cultural pluralism have been its endorsed social feature.

Indeed, as had been stipulated by these Hindutva ideologues, Muslims and Christians may have been granted citizenship only if they first abandoned their allegiance to Mecca and Jerusalem, accepting Hinduism as the “national” faith.

Concomitantly, and crucially, Hindu rituals and “time-honoured” religious practices would verily have received the sanction of the State.

Sati (widow burning after the death of the husband), child marriages in many parts of India, tantric sacrifices and other forms of voodoo, Hindu religious ceremonies mandated at official functions and in educational institutions, atrocities against Dalits (christened the “untouchables”, or those without caste) and much more could all have found an endorsed place within the theocratic Constitution, deriving their legitimacy from a diverse slew of Hindu-religious texts. The killing of a cow may have been inscribed as a more heinous crime than the killing of a Dalit (as per, for example, the injunctions of the Manusmriti).

And much more, especially in the matter of the entitlement to property as between the genders.

In such an eventuality, however secularists and rationalists might have argued, the “cultural nationalists” would have pointed them to the nature of the state and the provisions of the theorcratic Constitution as by law established, and put them in the dock as being subversive of the ordained features of the new nation-state.

As it is, if the secularists and rationalists in India have any chance of beating back the Hindutva fascists, it is because they have behind them the authority of the secular state and India’s secular-democratic Constitution.

Which is far from saying that the state in India has practiced the stipulations of that Constitution with any great conviction. It is saying, though, that the legitimacy of any governmental dispensation has had to reside in the secular Constitution as upheld by law and the courts.

II

Here is the problem with Pakistan, and it is just as well to face the fact as that unfortunate country is poised to come apart, having already lost its erstwhile eastern wing, now Bangladesh. A stark example that states based on religious principles need not be the most cohesive or lasting ones.

Carved on the grounds of religion, and christened The Islamic Republic of Pakistan, the legitimacy of the argument lies with those who insist that the Republic is not sufficiently Islamic.

That Jinnah, secularist par-excellence, who fathered the theocratic nation had foreseen this possibility and wanted to alter the grounds on which he had successfully persuaded the British to partition India was to become apparent in the very first speech he made to the Assembly of the new nation.

Alas, he died soon after. And Pakistan’s first prime minister, Liaqat Ali Khan, who might have effected that sort of transformation was duly assassinated.

So that, ever since, the feudals who were the material force behind the creation of Pakistan, aided by Hindutva “nationalists” and the British alike, and who have since also included the bulk of its military top brass, were to find in the marriage of theocracy and feudalism an instrument perfectly suited to their purposes.

Even as they did not turn away from the hedonisms that western life-styles had to offer, or from running business establishments and commercial ventures in city and hinterland. A unique army indeed.

Over the last sixty years, a miniscule, English-using middle class has indeed emerged—one that seeks to liberalise the state and polity. And those of them who are now in the forefront of battling obscurantism and orthodoxy are the most grievously trapped. Perhaps even dangerously so. Notice the sacrifices already made by many of Pakistan’s enlightened media hands, and the opprobrium suffered by some outstanding human rights activists.

The problem remains that not many are also able to say that so long as the Republic remains “Islamic” their strivings for a rational modernity stand constantly to lose for want of any endorsed legitimacy on behalf of the state.

And the hope that sections like the Taliban can be brought around to some middle course of a soft-Islamism regardless of the logic of Pakistan’s birth as a new nation constantly flounders in the face of their insistence that the “Islamic” Republic fulfil the full promise of its originations.

After all, they argue, you cannot have a theocracy run on the principles of modern jurisprudence or egalitarian social ideas. Doing any such thing seems to them to make Pakistan indistinguishable from the arch-enemy, India, obliterating the very coordinates of the Partition.

Precisely as would have been the case had the new Indian state become a theocratic Hindu Rashtra.

III

When one considers what an uphill task it still is in India to ensure the unfettered implementation of secular laws and other ” basic features” of the Constitution in the face of centuries of accumulated habits of inegalitarian thought which permeate the lawmaker and the administrator as much as they do elements in society, all despite the authority and the injunctions of state ideology, the task that faces secular-democratic civil society groups in Pakistan must seem stupendously daunting, since their efforts run counter not merely to the order of society but to the stipulations of the theocratic state as well.

The harsh question that democratic Pakistanis, individuals, groups, and political parties alike, must ask themselves is whether it will do simply to defeat obscurantist forces in democratic elections.

Or, whether, however devoted Pakistanis be to Islam, the principles of state ideology require to be rethought and reconstituted. And faith returned to its proper sphere, namely the private spaces of personal and social existence.

Indeed, the landmark elections there wherein the obscurantists were by and large defeated in all four provinces might be construed to offer the opportune moment to remodel the state along lines that the founder, Jinnah, had voiced in that speech to the first session of the new Assembly.

Can liberal and modernizing sections of Pakistanis hope to win the war against the “Islamists” by simply continuing to fight it within the terms both they and the state stipulate, or is a paradigm shift now an imperative? Do they now need a state ideology that can lend formal legitimacy to the resistance they seek to put up?

To many worldwide, especially to those who wish Pakistan well, it does seem that soon things could go so out of hand that any such retrieval becomes foreclosed.

Is Pakistan’s current parliament upto such a task? And does its army have the will to back the shift from “Islamic Republic” to “Republic”?

It seems obvious that Pakistan’s democracy, such as it is, cannot hope to put the Taliban in the wrong so long as Pakistan’s state ideology remains on their side.

And the current effort to marry Republican citizenship and the broad order of things to a continued adherence to theocratic nationhood seems destined to come a cropper.

IV

It would be dishonest not to allude to what seems to remain a profounder problem, one that may be called an intellectual closure.

As has been seen in recent years in India, especially since the demolition of the Babri mosque, a new species of intolerance in matters of debate about religion has come to afflict many Hindus. Violently so.

Yet, if this occurrence remains less than lethal (although the Malegaon event was lethal enough), or this side of overtaking the state, it must be due to the fact that traditions of “higher criticism” with respect to religious texts in Hinduism have a long history, and can be adduced in support of refutation and critique. Many social movements that have taken place in India, and are taking place now, could not be thought of without those traditions having existed, priestly oppressions notwithstanding.

This seems equally true of Christianity. Consider, after all, that there are Christian denominations that do not still accept the divinity of Christ, but rather see in him “man -made- divine” The Methodists, for example. Just as some denominations accept the authenticity of the Book of Revelation, and others consider the same as apocryphal. Not to speak of controversies as radical as those that concern the Gnostic gospels (Da Vinci Code).

All of those things without fear of losing life or limb, primarily because from the times of Wycliff, Copernicus, Galileo, Luther, and others, a heavy enough price was paid centuries ago to breach intellectual closure.

Perhaps those impulses are now beginning to stir within the world of Islam, but scantily and at great peril. Salman Rushdi and Tasleema Nasreen will know something of what is said here, no doubt.

Considering that Islam within the Indian subcontinent has had an extraordinary preponderance of the Sufi, the sceptic, the downright irreverent, including kings and princes, and fine traditions of Ijtihad (religious argumentation) it should not be such a task to plough those traditions back into the contemporary moment in Pakistan as well, and to put the reconstituted “Republic” on the footing of a new humanist renaissance.

After all, it is education of the widest sort of latitude that alone, in the end, ensures the deepening of democratic traditions and practices and the strength to meet bigotry with resolve and informed intellectual toughness.

The lesson needs to be imbibed that religious and scriptural texts have always been as much open and subject to interpretation and controversy as any other. And the least demur from “received” readings or official diktats need not be seen to constitute apostasy punishable with the chopping of limbs, lashing of backsides, or stoning to the death. Current day Swat in Pakistan is a telling example of what can happen when the state’s ambiguity about itself becomes its dominant feature.

This writer knows from personal experience with learned Muslim friends that various Suras of the Islamic holy book can be occasions for as much debate and disagreement as any ordinary literary work, even as the Gita and the Bible. Which is why, after all, that such a number of commentaries on the Qu’ran are in existence.

In Pakistan of now, it would seem that an old nation is in death throes, and a new too afraid to be born.

Pakistan is too pretty a place, and its people too intelligent and endowed for that birth to be allowed to be thwarted.

Speaking of which, one must also say that the success of that venture will depend a great deal on whether or not Pakistan learns to forego its claim to Kashmir– a claim that it bases on the ground that it is a Muslim-majority state. As well as to cease to view India as an adversary because it is a Hindu-majority country.

If Pakistan is to make the transition to a secular-democratic state, those grounds cannot hold. What can result from such a transition is its own lasting viability and progress as a nation-state, and the possibility that it can make crucial contributions to the stability and prosperity not only of South Asia but other regions where Muslims face similar conundrums.

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