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Showing posts with label justice. Show all posts
Showing posts with label justice. Show all posts

Monday, January 13, 2014

Random Reflection--- 12th Rabi ul Awwal

'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) like the one at the Conquest of Makkah in which he declared general pardon, and the instances when retributive justice was 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.' 
- Maryam Sakeenah

Friday, March 1, 2013

Bangladesh Tribunal Prosecution


LETTING SHADOWS FALL BEHIND

Maryam Sakeenah



When a friend from Bangladesh gifted me a jute bag with the Bangladesh flag motif painted on it, I asked her to explain the symbolism. She told me it stood for the rising sun over the green fields, reddened with the blood of liberation martyrs.

After the terrible atrocities in 1971 in which many innocent Bengalis lost their lives, retributive justice to the perpetrators of brutal crime needed to be carried out by Pakistan. This was never done, consumed as the country was in an unseeing jingoism. George Orwell wrote in his memoirs of the Spanish Civil War, Everyone believes in the atrocities of the enemy and disbelieves in those of his own side.’

Resultantly, in Bangladesh, these atrocities have become over the years part of the collective memory and the national narrative. The hurt and anger has festered to the beat of nationalistic fervour and has turned into an unrelenting, bitter hate and hardened prejudice against the enemy.

On the backdrop of this charged nationalistic sentiment, in 2010 the International Crimes Tribunal was established by this government, though its legitimacy and capacity to deliver justice have been put to question by objective observers.  (http://www.economist.com/news/briefing/21568349-week-chairman-bangladeshs-international-crimes-tribunal-resigned-we-explain)

There is also the concern that the much-awaited decision announced recently was more a political than judicial decision. The Jamat e Islami is an important part of the political opposition against the current regime. The primary accused belong to the Jamat, widely considered to be complicit in Pakistan army’s violence against the Bengalis in 1971.

Justice is a great thing and often a vital part in healing and reconciliation. The events in Bangladesh carry the pretence of a justice that gratifies the strong national desire for vengeance. Whether real justice can be delivered given the lack of integrity and transparency about the proceedings, is open to question. The presiding judge Nizamul Huq resigned following questions over the publication of private conversations which cast doubt on the court proceedings. The Economist writes, “The e-mails and phone conversations we have seen raise profound questions about the trial... the government tried to put pressure on Mr Nizamul... he worked improperly with a lawyer based in Brussels, and that the lawyer co-operated with the prosecution_ raising questions about conflicts of interest. In Mr Sayeedi’s case (head of JI, given a death sentence this week) it points to the possibility that, even before the court had finished hearing testimony from the defence witnesses, Mr Nizamul was already expecting a guilty verdict.”

Held under the thumb of mass public furore and the voracious appetite for vendetta, the verdict seems to have been preordained. Justice is blinded under pressure of emotionally charged public sentiment, and the hand of blind justice has a fell sweep. George Orwell adds, As far as the mass of the people go, the extraordinary swings of opinion which occur nowadays, the emotions which can be turned on...  are the result of newspaper and radio hypnosis." Doling out death sentences in such an environment is a travesty of justice.  In a conversation of October 14th, between Mr Nizamul and Ziauddin, the Brussels-based lawyer of Bangladeshi origin, the judge refers to the government as “absolutely crazy for a judgment. The government has gone totally mad. They have gone completely mad, I am telling you. They want a judgment by 16th December...it’s as simple as that.” December 16th, known as Victory Day in Bangladesh, is the anniversary of the surrender by Pakistani forces in the war of independence. (The Economist)

While the demand for justice to war criminals is understandable and legitimate, the concern is about whether this public sentiment has been used for political opportunism. Given the traumatic birth of Bangladesh and the horrific memories haunting public imagination, a regime credited with bringing offenders to book will win hearts. Given the many failures and weaknesses of this regime as well as the fact that the Jamat is a vital member of the opposition alliance, there seems to be a method to the madness. 

The social consequences have been grave with violence spiralling out of control. The long-term repercussions are graver still. Opposition to the verdict has been brutally crushed by the state machinery and violent reprisals have victimized hundreds. The crowds calling for a death sentence are led by secular-liberal segments of the society and have massive support from members of the civil society. The opposition to the death sentence comes from the Islamists led by the Jamat e Islami which has sizable following. The scars this will leave will drive a wedge between these two segments along ideological lines. It will accentuate and intensify a dangerous polarization which in the long run shall be in the interests of none. With the two opposed camps locked in confrontation against each other, a state eager to use force and one or both groups- having deep roots into the society-  often violently lashing out against the other, the future looks grim. A gaping split across the social spectrum with a spattering of violence is the perfect recipe for disaster- the same disaster that Pakistan is mired up in. This dampens down the hopes for a stable, peaceful, progressive Bangladesh. 

In this wider context, it becomes apparent that it is not vengeance but clemency that Bangladesh needs. Violence begets violence and sets off a vicious cycle. That vicious cycle needs to be broken. Forgetting bitter memories is hard, but sometimes, a bit of voluntary historical amnesia makes the future clearer and brighter for us. Justice and peace are great ends to be striven for. But the tribunal and its decision is at best a pretense and at worst a grave travesty of justice. Bangladesh is a rapidly progressing country and has risen out of the blood and fire it was born in- I hope its great people would prefer to look ahead, refusing to let their sentiment be used for political purpose. For, when you look towards the sun- which, as my friend explained- is the proud national symbol of a country that deserves to rise out of a bloody past- you let the shadows fall behind you.  

Sunday, December 9, 2012

Lessons from Egypt



LESSONS FROM EGYPT

                                                                Maryam Sakeenah

Given a similar baggage from the past, the social spectrum in Egypt and Pakistan is built on ideological polarization as a result of political decisions- on both domestic and foreign policy- by leaderships unrepresentative of the public sentiment. These were unguided by understanding of social reality, creating a gaping split between religious and secular-liberal extremes over ideology, opinion, identity, worldview, lifestyle and affiliation: both strongly entrenched in passionate ideological commitments, feeding off one another and unwilling to budge.

Both nations suffered years of unscrupulous authoritarian rule directly or indirectly supported by the United States and allied Western nations. In Egypt, the resentment this created boiled over in the Arab Spring last year. Heartening and exciting, yet it also was in many ways a detonation of pent-up feeling with little organized political planning behind it. That should not however, take away the deep admiration the resilient protesters at Tahrir Square inspire. However, a huge question stared in the face: where to, and what now?

It still haunts the mind. While the Muslim Brotherhood has won an historic electoral win, for many the options were limited between a pro-Mubarak military man and the Brotherhood’s candidate. The vote was more against the continuation of a dictatorship many had given blood sweat and tears to defeat, than in favour of what the Brotherhood symbolized. Ruling over a populace so diversified in level of religious affiliation, Morsi faces huge challenges to bring to fruition the Brotherhood’s Islamist dream. The opposition against the attempt to increase presidential powers and the eventual success of the referendum approving the  draft-constitution by an Islamist-dominated council resonates with vital lessons Islamists in Pakistan have much to learn from. 

For starters, governing a society divided between the fiercely secular and the warmly religious is to have a hand in the hornet’s nest, unless one realizes that as human beings we all share in common the need for justice and basic freedom, for dignity and a decent life and two square meals a day. And if rulers set about delivering these, schisms and ideological affiliations do not stand in the way of achieving the common human good. The secular-liberals and the conservative Islamists are united by their basic human need for a dignified existence. In fact, for a government aspiring to rule by Islam, providing bread and rights is not about expediency, but a primary moral responsibility.

The Muslim Brotherhood with its well articulated prioritization of economic welfare, egalitarianism and social justice seems to have reached political maturation. In his first address after the referendum, Morsi said,"The coming days will witness, God willing, the launch of new projects ... and a package of incentives for investors to support the Egyptian market and the economy,"

Islamic political groups in Pakistan and abroad have made the mistake of putting the achievement of political ascendancy as their prime goal while ignoring the social project that must accompany it. Groups calling for a return to the Khilafah believe the establishment of Islamic government is the panacea, while religious parties often claim that the promulgation of the Shariah law shall crystallize a veritable Utopia. This runs contrary to the  precedent we have from the sunnah of the Prophet (SAW) whose epic spiritual and social mission preceded the establishment of the Shariah.

Both law and political policy are means to greater ends. Religious political groups make the mistake of seeing them as ends in themselves. The Shariah of Islam is the guarantor of the maqasid e Shariah, the guardian of Islamic values by which life is to be lived. Similarly political power is a means to establish an order that guarantees rights indiscriminately. Islamist groups in Pakistan have not so far proven themselves here. The talk of Shariah and the dream of Khilafah cannot be sold to a public writhing in the throes of poverty, ignorance, oppression, disease.  

Before launching a political struggle, Islamist parties need to embark upon the social project to mend a broken society, moderate between the dangerous ideological polarization and address social injustice. Such an effort can act as a secure launching pad for a political movement and a support base for a stable government. Without demonstrating this ability, political struggles of Islamic groups will be stillborn.
So far, an intellectually robust discourse mediating between the ideological polarization has not emerged from Islamic scholars in Pakistan. A comprehensive strategy to address the real problems has not been presented. 

As long as polarization between the religious and the secularized exists and grows, any religious group winning power will have to deal with stiff opposition leaving its hands tied.  That is the lesson from Egypt’s dilemma which the ruling Islamists seem to have dealt with skilfully. With a council including sizable diverse groups like Coptic Christians, leftist social activists and women, the draft constitution referring to the centrality of the Shariah managed to scrape through. The president has assured that the concerns have been taken seriously and that the constitution offers protection for minorities. The decision to put the draft to vote by a public referendum demonstrates the Brotherhood’s commitment to democratic process and its inclusive vision. Opposing groups quit protests in the wake of the Brotherhood’s conciliatory gestures, settling for a ‘wait and see’ approach.

Most ordinary people protesting in Egypt’s streets in 2011 and now have always been more interested in liberty, equality and rights than Shariah or the lack of it. Those calling for a return to the Shariah or actively opposing it will always be at the fringes, even if loud. The mass man wants things more tangible than legislation. As long as religious parties fail to take on social ills, they will remain unattractive to the man in the street.

Putting the cart before the horse by making Shariah law precede the provision of basic justice has proven disastrous. When the letter of the law is imposed without first actively promoting the value it exists to protect, this becomes brutal and spiritless. The experiment with the Hudood laws in Pakistan in the 80s allowed Islamic law (or the pretense of it) to fail by not creating the necessary conditions for it to work. Such disasters are likely to be committed by those seeking to win legitimacy by appealing to religious sentiment.
Islamic groups must also be conversant with modernity. Both freedom and democracy are part of the inevitable modernizing process in societies today. Egypt is livid over what is perceived as Morsi’s attempt to curtail both these hard-earned gifts. While the democracy package bred in Western society may certainly not be suitable for Muslim societies, the values of governance by popular will, decision-making involving public participation and accountability before the public and the law are values Islam vigorously promotes. Certainly, the intricacies of how these democratic values can best be ensured is something scholars and leaders have to work out given their social contexts. Other than that, the implementation of laws must be done in a manner that does not encroach upon personal liberty. While an Islamic society will facilitate and promote the values of Islam, it must not call for moral policing that trespasses the line between the public and the private. Individual morality in an Islamic system is promoted through education and gentle ‘dawah’ and no imposition is acceptable in the private lives of individuals as that is between a man and his God. Islamic groups in Pakistan are still unclear and uncomfortable with both these aspects of modernity and what these mean to them: freedom and democracy.

The Muslim Brotherhood seems to be learning the right lessons and growing in the right direction. Josh Rogin writing for Foreign Policy terms the Egyptian government an ‘honest broker in the Middle East.’ Morsi’s aide Essam Haddad makes it clear that the Muslim Brotherhood does not want to create a theologically based state in Egypt, but that it does want shariah to inform governance and law going forward. The Brotherhood's religious leader, Mohamed Badie, tweeted on the eve of the referendum approving the constitution by a 64% vote: “Let's start building our country's rebirth... men and women, Muslims and Christians."

Their Pakistani counterparts, while in awe of their victory, still have a long way to go- with a good deal to be unlearnt and a good deal to be learnt.