On the Women Protection Bill in Pakistan...

A MIMETIC RELIGIOSITY

Maryam Sakeenah

The refusal of the Pakistani religious right to allow the criminalization of domestic violence does not just reflect misogyny and a sense of insecurity over a perceived loss of patriarchal control. On a deeper level, it shows a mindset that reduces religion to a mere mimetic replication of the first Islamic society of Arabia over fourteen centuries ago.

One of the major justifications given by clerics for opposing the Women Protection Bill prescribing punishments for domestic violence is that such a law is essentially ‘against the Shariah’, as it innovates laws not hitherto specified by the primary sources of religion.

This mindset has surfaced elsewhere too- one of its starkest manifestations is ISIS’s revival of institutionalized slavery as an ‘Islamic’ practice, as slavery had not been explicitly criminalized by Islam.

The problem with this thesis is that it is literalist in interpretation and mimetic in implementation. This literalism and mimesis vindicate and endorse as ‘Islamic’ many an authoritatian and misogynistic practices dating from the time and place in which Islam was first set, unacceptable today in the light of the fundamental rights and principles over which humanity has achieved a quiet, universal consensus.

But what needs to be examined is whether Islam actually calls for an exclusively literalist reading of its sources and a mimetic replication of seventh century Arabia everywhere and at all times?

The Quran and even its elaboration in hadith stipulate few legislations, especially for phenomena characteristic of modern society. There is a wisdom in this silence- it understands the essential condition of human society- flux. This means that as societies evolve and grow over time, their needs change, and for a law system to be relevant, it must be flexible and adaptive to novel situations and conditions as they arise. Hence there is a deliberate purpose in this silence- to allow space for lawmaking relevant to the time and place. Yet the sources of Islam are complete in themselves- because they leave pointers, guidelines and suggestions that must inspire and lead such lawmaking in the right direction.

This understanding was not lost on the earliest generation after the Prophet (PBUH) who made Ijtihad a vital institution for progressive juristic innovation, such as Umar (R.A)’s innovations in the divorce laws to cater to the trends in his time.

Secondly, the purpose of law is to safeguard values which are at the core of Islam. The legal aspect of the shariah exists to protect the ‘maqasid ul shariah’- the core values. At times such law is explicitly laid down by the sources. Often, it is not. The scholars of Islam are in agreement that to ensure the achievement of the maqasid, juridical innovation may be made within the parameters defined by Islamic sources. Hence, Ijtihad.

One of these core values is human dignity and sanctity of one’s personal integrity. When a woman goes through domestic abuse and violence, it violates her dignity and respect as a human being and her fundamental rights as a partner in marriage. There is absolutely no equivocation in Islamic sources about this being condemnable behavior. The acceptability of domestic violence as the husband’s prerogative in Arabia predated Islam. Nor is the absence in the Quran and sunnah of a fixed penal law regarding it a bar to formulating such a law. There is no equivocation in the sources of Islam regarding the reprehensibility of domestic violence. By making gentle physical admonition exclusively tolerable in extreme cases of ‘nushuz’ (rebellion/defiance as in the case of unabashed disloyalty) and only after exhausting all other preferred strategies, Islam actually rejects domestic violence as the man’s prerogative to have his way with his spouse. The strictest conditions are laid down to ensure that neither pain is inflicted nor a mark left. Islam does not really require of men to put this exceptional permissibility to action in any situation at all. Simultaneously, the Prophetic conduct shows this never really has to be done, and there are better ways to resolve marital discord. He said, "How does anyone of you beat his wife as he beats the stallion camel and then be intimate with her?” (Bukhari, vol. 8, Hadith 68)  

The Quran says that spouses are to ‘dwell in tranquility with each other’ (Ar-Rum 21). It instructs husbands to ‘Live with them on a footing of kindness and equity.’ (An-Nisaa 19) 

In a society where honour killings, acid throwing, domestic and sexual violence are far too common, legislating in order to curb these horrendous practices works well to fulfill the maqasid of the shariah. Any legislation to ensure the provision and protection of the human rights recognized by Islam is commendable, just like the Prophet (PBUH)’s praise for the pre Islamic peacemaking document ‘Half ul Fuzul’ which laid down rights.

While the Women Protection Bill needs to be examined and modified to rule out its misuse and there can be a healthy debate around it, there can be no doubt that in its objective it fulfills the demand Islam makes on us_ to deter violence against the vulnerable and provide access to justice.

While constructive criticism and suggestion should be welcomed, the tirade from the religious against the law is tragic in that it seems to imply that Islam stands on the side of the male abuser and slights the issue of domestic violence. That is a dangerous and ugly untruth which ought to have been dispelled by those who claim to stand for Islam’s defence.      

Addressing the issue of the revival of slavery as ‘Islamic’, Michael Perez writes, ‘…we must refuse the position that limits our contemporary ethical horizons. To do so, we can take the Prophet’s statements against slavery as our contemporary responsibility… Such a perspective is critical today… Muslims have a role to play in the elaboration of Islam, and push forth a future in which slavery is no longer a question.’

Those who insist on an uncreative mimetic religiosity need to remember what Iqbal had meant when he wrote, ‘The movers have gone ahead… the unmoving ones have been crushed.’

Liberation in the Age of the Selfie

LIBERATION IN THE AGE OF THE SELFIE

Maryam Sakeenah

I like the word ‘selfie’- It is an honest word characterized by the ‘self’ ringing through it. The selfie is a phenomenon that defines our age.

As I browse through the abyss of self photographed profile pictures on social media, I am struck by the remarkable similarity of their plastic perfection. Yet beneath the painted pouts and smiles is a hollowness that consumes, a dearth of self-assurance and contentment with and within oneself, hence the obsessive need for self appraisal by presenting oneself thus and awaiting the ego-boosting ‘like’. The faces are also incredibly one dimensional in how they signify an inordinate preoccupation with the physical and outward- as if human beings were mere faces; as if a done up face defines who we really are.

The Age of the Selfie and the naïve enthusiasm with which we have embraced the selfie engenders a culture of narcissism in which one’s appearance is one’s defining trait overshadowing all human virtues. The ease of communication makes these images be shared for appraisal. Then come the flattering comments so indiscriminate in their appreciation of what is truly beautiful. The ego bloats up as the words of praise fall like a sedative that one cannot function without, the need for which keeps increasing.

To get that abundantly ‘liked’ selfie, we go to great lengths; we struggle to somehow fit into the terribly limiting mould of contemporary beauty. And often, if the look is not quite like the tabloids, we are oppressed by low self esteem, self-deprecation and unhappiness. All this is utterly avoidable if only we recognize that beauty is a relative concept and cannot be defined; and that we are more than what is on our skins.

The Greeks had known that self obsession with appearances was ruinous when they came up with the myth of Narcissus- the vain god who stared at his own image and met a disastrous end.

My prophet (PBUH), on standing before the mirror, prayed, ‘O Allah! Make my character beautiful just as you have made me beautiful.’ It reflects a contentment with how Allah created us, and more importantly, a vital realization that physical appearance is not our be-all and end-all. The Prophet (PBUH) asked Allah for a more meaningful and enduring beauty that springs from the spirit and manifests itself in our values, thoughts, actions, manners, choices.

The little prayer holds the key to resisting the maddening tide of the Selfie and its connotations: to be at peace with the way God created us, for we come from Him- one unique shade in the spectrum of His masterful creation. This understanding is immensely peace-giving and liberating in how it frees us from the endless tortuous mimicry of tabloid images of cosmetic beauty. The other aspect is the vital understanding that it is our values and our character that defines us, and that true beauty lies within, radiating from the soul that is at peace, while what is on the skin wears off and ought not to define who we are and how we perceive ourselves. True inner beauty and purity is from how capable one can be of altruism and selflessness, how much one can transcend above base selfish instincts and be liberated thereby. This is what endures about the human being: what touches other lives, makes all the difference and is remembered in the end. The 'epitaph' virtues are what endure- like a fragrance that effuses long after.

The Selfie is emblematic of a culture of narcissism, self love and obsession with the material, temporal and physical. A liberation from it is possible by attaching worth to the spiritual which endures, in toning down our narrow, self destructive self-obsession and in refusing to find self-worth in how others perceive how we appear to be. 

Rejoinder to the trending 'Open Letter to Moderate Muslims'

‘REFORMING’ ISLAM?

Maryam Sakeenah

Notwithstanding its stated agenda, ISIS has managed to put the conversation on Islam right at the centre of the global discourse. From celebrities to con artists to apologists and Muslim scholars, all have their two cents to share on Islam. Mr Ali A.Rizvi in his ‘Open Letter to Moderate Muslims’ published in The Huffington Post  has called for ‘reforming’ Islam. He writes that Muslim moderates inadvertently defend ISIS when they attempt to defend Islam against allegations of violence and backwardness- because ISIS follows most closely and literally the contents of Islam’s most sacred texts. Moderates are at pains to explain away ISIS’s actions as ‘unIslamic’ through interpretation and contextualization of the sources of Islam. Given the accessibility of information in this day and age, religion is no longer shrouded in sacred mystery. Once the awareness of the sources of religion explicitly sanctioning violent practices spreads, Rizvi argues, sustaining faith in the indubitability and infallibility of the Quran would be difficult.

There is a problem at the heart of Rizvi’s thesis: for starters, he presumes that faith in Islam survives and thrives because its adherents are unaware of its actual content due in part to the unfamiliarity with Arabic and inaccessibility of information about its literal content. In one fell sweep Mr Rizvi declares all faithful Muslims to be largely unaware of the violent and diabolical contents of their religion- which, if brought into the light of day, will expose the degenerate ethos of their religion and put its naive believers to abject shame.

Most Muslims as a matter of faith do in fact take their religious sources quite literally, yet do not conclude from it what ISIS does. Moderates like Reza Aslan who call for a liberal reinterpretation and metaphorical/allegorical reading of religious content are but few. And yet these billions of faithful and several hundreds of trained Islamic scholars who take the Quran and hadith quite literally hold firmly to the conviction that Islam is indeed ‘a religion of peace’. How do they arrive at this generalization in the face of the actual literal texts of Islam that seem to imply everything but that?

 The problem with both Rizvi’s thesis as well as ISIS is that both have lost sight of the ‘middleness’ that defines Islam. Muslim moderates too, when they put modernist interpretation over the letter of the Quran to explain away violent meanings the extremists may derive, lose sight of this. The essence of Islam is ‘adl’ and ‘tawazun’: (balance and middleness). The sources of Islam have contents endorsing the use of force such as in the sources Rizvi cites in his article- however, these very same sources also contain teachings that command and celebrate peacemaking, justice, kindness, upholding of rights among other things. Looking at it purely quantitatively, the latter far outweighs the former. The balance between these two sets of teaching is to be found in order to develop the true Islamic worldview which mediates between the two. This poised, comprehensive understanding does not need the prop of reinterpretation, but understands that religion defines for us the extremities- conduct in warfare through teachings of firmness and courage against the enemy in war and strife, as well as, on the other end, teachings on forbearance and kindness and mercy at all other times.

As a teacher on Islam, I often feel the need to explain to my students the apparent discrepancy between the examples of Prophet Muhammad (SAW)’s forgiveness and mercy like the one at the Conquest of Makkah in which he declared general pardon, and the instances when retributive justice and execution of penal law or punitive measures were carried out. The two instances stand for and delineate the two extremities of what our responses to wrong can range from. The former stands for Ihsan (unconditional good, more than what is justly due) and the latter for Adl (absolute justice). While the latter is a necessary element a society must be based on, the former- Allah tells us- is the superior virtue. The variation in the Prophetic example leaves it to his followers to decide when and in what circumstances each of the two is to be chosen as our response. Wisdom is to be able to make that choice correctly, depending on the nature and gravity of the situation one needs to respond to, the context and the likely consequences of our choice.

To glean this holistic, seasoned vision is what Islam calls ‘hikmah’ (wisdom). When ‘hikmah’ is absent, the resultant understanding is superficial, errant, flippant and unfair. That is precisely the mistake both ISIS and Rizvi’s ‘Open Letter’ have made.     

Another vital insight is that law and commandments exist for and are bound by core ethical principles and values. Penal laws do not operate detached from the ethical base and moral foundation. The laws of Islam have to be understood holistically as guardians of the values that are the very heart of the matter. Dissociated from the ethical content, they seem to be the brutal and barbaric edicts that ISIS and Rizvi make them out to be.

The Quran says, ‘So give good tidings to My servants; those who listen to the Word, and follow the best (meaning) in it: those are the ones whom Allah has guided, and those are the ones endued with understanding.’ (39:17-18) Innumerable Quranic verses and ahadith are very explicit- whether taken literally or figuratively- about the doing of good, delivering justice, making peace, holding firm to what is true, keeping promises, being kind and gentle etc. It is injustice to the Quran to pick out a few of its verses revealed in specific circumstances - which are to be applied in those specific circumstances within certain conditions, and take them to represent the entire ethos of the Islamic religion, eclipsing its much larger content on humane and egalitarian values. If these values were put at the core and followed as zealously as the letter of the law is feverishly applied by fanatical groups, Muslim societies today would come to epitomize the highest and worthiest in human civilization. With reference to these much more numerous and substantive contents of Islam, would following the very literal teaching of the Quran and sunnah engender anything but universal justice and goodness? Rizvi’s premise is clearly one-eyed. It does not hold ground.

Yet another problem is when Mr Rizvi calls for an Islamic Reformation on the pattern of the Jewish and Christian Reformation in the secular modern West. He is impressed with the fact that Christians and Jews can reject the violent contents of their scriptures and still retain faith and be considered part of their religious communities. There always have been serious doubts and questions about the authenticity and credibility of the contents of these scriptures even from within those religious traditions, and this takes away the concept of their infallibility. Yet there has been no such challenge of any serious proportions to the authenticity of the Quran’s content. The Quran begins hence: “This is the Book about which there is no doubt, a guidance for those conscious of Allah.” (2:2)

The call to ape the secular reformation model is fundamentally problematic as it reeks strongly of eurocentrism built on the neo-imperialist belief of the inherent superiority of the Western model. Karen Armstrong has taken issue with those in the developed West who criticize ISIS while failing to understand the dynamics and lessons of history that have led to the rise of groups like ISIS. She writes, ‘Many secular thinkers now regard “religion” as inherently belligerent and intolerant, and an irrational, backward and violent “other” to the peaceable and humane liberal state – an attitude with an unfortunate echo of the colonialist view of indigenous peoples as hopelessly “primitive”, mired in their benighted religious beliefs. There are consequences to our failure to understand that our secularism, and its understanding of the role of religion, is exceptional... when we look with horror upon the travesty of Isis, we would be wise to acknowledge that its barbaric violence may be, at least in part, the offspring of policies guided by our disdain.’

The broken lens Mr Ali A.Rizvi views the world from is a tainted one. This takes away from him credibility as a well-meaning reformist offering prescriptions and fixes for the ailing Muslim world. The prescription for reforming Muslim society lies within Islam’s own ethos.