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.







Beyond Afghanistan: Choosing Nonviolence
April 3, 2009Published on Thursday, April 2, 2009 by CommonDreams.org
War Resisters League
As we approach the April 4 anniversary of Dr. Martin Luther King Jr.’s great 1967 “Beyond Vietnam” speech in New York City’s Riverside Church, the War Resisters League reiterates King’s urgent cry for nonviolence and nonviolent resistance. The parallels between the war in Afghanistan and the U.S. war against Vietnam fill us with foreboding. While we adamantly oppose continued U.S. military intervention in Afghanistan and Pakistan, we also call upon people of conscience to think beyond Afghanistan and challenge, as King did, “the giant triplets of racism, extreme materialism, and militarism.”
Others have laid out reasonsfrom Afghanistan’s topography to the U.S. economic crisis that would make an expanded war in Afghanistan “unwinnable.” But WRL does not base our opposition on such arguments. While they may be correct, we challenge the very idea of a “winnable” war and oppose this one as we oppose all war: not solely for practical and strategic reasons, but because of our, and King’s, decades-long commitment to nonviolence.
Purveyor of Violence
Much has changed in the 40-plus years since King made that speech, yet the United States remains, as he named it then, “the greatest purveyor of violence in the world.” WRL stands, as he did, against that violence, which is not only wrong in itself, but cures nothing and rebounds on its perpetrators.
King declared that the people of Vietnam “must see Americans as strange liberators.” The assessment applies today to the people of Afghanistan. Afghanistan has lost more than two million civilian lives to war in the last 30 years alone, and the toll is rising again, in a dreadful example of the ways in which violence boomerangs and warfare begets only devastation and more warfare (including attacks by groups like Al Qaeda). For centuries that battered land has been subject to imperial aggression and intervention. The Taliban rose to power with the support of the U.S. and Pakistani intelligence services, intervening against the USSR’s invasion. Today, Afghanistan’s infrastructure is destroyed. Each year, pregnancy and childbirth kill 25,000 women, and diarrhea kills 85,000 children. Landmines planted in turn by troops of the Soviet Union, the Northern Alliance, and the Taliban kill 600 people per year and maim so many that manufacturing artificial limbs is a major industry. The infamous U.S. “detention center” at Bagram continues to hold more prisoners than Guantánamo. Rather than bombing and shelling Afghanistanand maintaining a prison there the United States could promote economic development, public health, education, food security, women’s empowerment, and de-mining efforts.
The Enemy of the Poor
War wreaks its devastation within our own country as well. In this period of increased global instability and recession, the world is undergoing a tectonic shift in its assumptions about the institutions of capitalism. That re-evaluation must include its assumptions about the institution of war.
“I knew that America would never invest the necessary funds or energies in rehabilitation of its poor so long as adventures like Vietnam continued to draw men and skills and money like some demonic, destructive suction tube,” King said in 1967. Substitute “Iraq and Afghanistan” for Vietnam, and the sentence is equally, terribly true today.
Here as abroad, war remains, as King called it, the “enemy of the poor.” While the Pentagon pours billions of tax dollars into implements of destruction and rains down bombs on poor civilians in Afghanistan, our own infrastructure crumbles, and our own people are struggling without decent schools, healthcare, and employment. The funds that we need to provide housing and care at home end up diverted into killing people thousands of miles away, and people of color, immigrants, and lower-income whites are targeted by military recruiters to do the killing. Massive bailouts line the pockets of bankers, unemployment skyrockets, and military recruiters are having the easiest time meeting their quotas in years.
Nonviolence in Afghanistan and at Home
Despite the monumental obstacles they face, many in Afghanistan and Pakistan are working nonviolently for peace and to repair the ravages of war and warmaking. In Afghanistan, Parliamentarian Malalai Joyadespite illegal suspension from Parliament and assassination attempts has continued to denounce the warlords and call for human rights, women’s rights, and governmental accountability. Thousands of peace advocates in northern Pakistan and southern Afghanistan have met in the assemblies called jirgas to imagine and formulate peace and reconstruction initiatives. The lawyers’ campaign in Pakistan has mobilized thousands, despite beatings and arrests, to reverse the military’s control over the courts. Others are building schools and countering the bitter legacy of violence against women. U.S. peace advocates should be promoting and publicizing these nonviolent actions to rebuild Afghan and Pakistani society in the midst of war, devastation, warlordism, and patriarchal control.
In our own country as well, there are increasingly loud voices against war and for a reordering of our prioritiesfor affordable housing, universal healthcare, gender justice, disability rights, clean energy, quality education, restorative justice, fair food, and an anti-racist society. Among these allies are newcomers to the United States, people who have survived and resisted wars and challenged immigration policies that facilitate the extraction of profits from cheap labor, even while being criminalized, imprisoned, deported, and denied citizenship. Some of those most forsaken by the U.S. government have continued to build organizations and networks for those with no safety net.
The Choice
The War Resisters League urges everyone to join us in organizing, protesting, and demanding the closing of Bagram prison (and all such “detention centers”) and an end to military actions in Afghanistan and Pakistan and across the globe. Organizing against military recruitment is as important as ever now that the military is preying on those most affected by the battered economy. Support the voices and actions of the survivors of war. Listen to veterans of the Iraq and Afghanistan wars; create space for their heartbreaking stories of remorse and harrowing accounts of the worst kinds of violence and dehumanization. Stop funding war – become a war tax resister. Instead of paying to train men and women to kill, foster ways to help all of us rebuild our communities.
The so-called “war on terrorism,” with its occupations and detentions, its torture and carnage, has failed because military action can never lead to security. We don’t have easy answers, but we know that the cycle of violence has to end, and we have to help end it. While thousands of people in Afghanistan and Pakistan are finding the courage to risk their lives to work for nonviolent solutions, we have a responsibility to lift our voices. We must reject the notions of good wars and bad wars, legal or illegal wars, winnable and unwinnable wars. We must decide whether our identity as a nation will be based on a culture of cultivating life or dealing death. As King declared, “A nation that continues year after year to spend more money on military defense than on programs of social uplift is approaching spiritual death. … We still have a choice today: nonviolent coexistence or violent co-annihilation.” Together, let’s choose the path of nonviolence.
For suggestions for actions opposing war in Afghanistan, see United for Peace and Justice, the antiwar coalition to which WRL belongs, www.unitedforpeace.org/article.php?id=4044..
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Tags:Afghanistan, Bagram prison, Dr. Martin Luther King Jr., Taliban, U.S. war against Vietnam, violence, war and destruction, War Resisters League
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