Look at the Hisba bill now

AFTER the adoption of the provincial Shariat Act, the Frontier government is now preparing to enact a Hisba law, the second item on its plan described as ‘Islamization in the NWFP.’ The proposed measure envisages the creation of a parallel system for judicial, police and accountability functions and apparently has more teeth than the Shariat Act.

That makes it necessary to examine and debate the scheme now instead of waiting till the state and the people are confronted with another fait accompli and the members of the legislature find themselves unable to oppose a measure supposedly enjoined by belief. The statement of objects of establishing a ‘hisba (accountability) institution’ appears to be a superlative exercise in populism. It proclaims the need to divert society from the path of ‘corruption, dereliction of duty, and denial of the rights of God’s creation’ and to stop the violation of the ‘sanctity of the Constitution and the law’ caused by ‘lack of respect for the law.’ Besides, it is necessary for the Muslims to order their lives in accordance with the Quran and Sunnah and protection of religious values is an essential obligation. Further, legislation is required to “protect the rights of women, children and the minority.”

This statement itself can be debated, especially on three counts. First, the high sounding sentiment in a statement of objects is not always a guarantee that the operative part of a law is in accord with its stated purpose. We cannot rely entirely on the objective and have to critically assess the body of the proposed legislation.

Secondly, the state’s right to enforce Islamic injunctions, and that too in the name of a religion which admits of no intermediary between an individual and his Creator, has never been satisfactorily established, to say the least. Thirdly, the matters raised in the statement of objects fall in the state’s constitutional jurisdiction. An unavoidable question is whether the proposed legislation is a bid to supplant the Constitution.

The scheme proposes a network charged firstly with overseeing the working of the entire administration and the provincial assembly and its secretariat. Only the high court and the subordinate courts are excluded. This is meant to eradicate corruption which has been defined in terms already familiar to accountability and anti-corruption establishments.

The second task will be to order compliance with the good (‘amr bil-maroof’). However, orders will be issued only in matters in which no possibility of redress exists under the existing legal, judicial and administrative forums / procedures. The apparent limitation on the use of the hisba law can be misleading and its invocation may be possible where the normal legal arrangements do not satisfy a party.

The third, and the most important, task will be to stop whatever is bad (‘nahi un-il-munkir’). The responsibility for preventing burai is to be discharged in accordance with the Quran and Sunnah and recommendations made from time to time in their light by the hisba chief’s advisory council. It can be seen that we are back in the debate unleashed by Gen. Zia in the final phase of his misplaced zeal for enforcing his version of Islam. We will revert to this part later.

The hisba network envisaged is quite vast and has a capacity to expand enormously. It will be headed by a Mohtasib, who will be an alim and qualified to be a judge of the Federal Shariat Court. He will be autonomous and all public servants in the province will be bound to assist him. He will have the powers to investigate allegations of corruption against any public servant, to oversee Islamic morality (‘akhlaq’) and values (‘adab’) at the provincial level, to oversee the working of the media sponsored or controlled by the provincial government so as to ensure that its broadcasts are useful in the promotion of Islamic values, and to facilitate the working of the provincial administration.

However, he will have no authority to intervene in cases pending in courts or in matters related to the state’s agreements with foreign governments or agencies. He will also not intervene in matters concerning the defence services and their regulations. The Mohtasib will be able to take action on his own or on a reference by the superior judiciary or the provincial assembly or on a written / oral request by any citizen.

The Mohtasib will have the power to order compliance with his findings, rulings and the powers of a civil court for summoning witnesses, and also the power to punish for contempt equivalent to that of a high court.

There are also references to a Hisba Force but questions regarding the authority creating it or its composition have not been addressed.

The Mohtasib will form his advisory council under his own chairmanship. The seven-member council will include two recognized ulema, two senior lawyers, two grade 20 representatives of the provincial government and a journalist.

The Mohtasib will appoint one or more district Mohtasibs in each district. Each district Mohtasib will have a five-member advisory committee. He will have the power to appoint, under permission from the provincial Mohtasib, his representatives at Tehsil level. The Mohtasib, in consultation with the district Mohtasib, may appoint reconciliation committees at the thana level. It is not difficult to imagine the scale of the Hisba organization.

There is a long list of Mohtasib’s functions under the label ‘special powers.’ The 27 items in the list include enforcing Islamic moral values at public places; discouraging extravagance, beggary, employment of small children, and un-Islamic social norms; prevention of indecent behaviour at public places; prevention of un-Islamic practices that affect women’s rights, such as honour killing, ‘swara’ custom, or denial of inheritance; prevention of bribery in government offices; holding to account people who disobey their parents; securing compromise in cases of murder or situations of conflict between parties and tribes.

Quite obviously the authors of the bill (and it may have been revised since it was finalized a few months ago) have tried to wrap their plan to regiment public and private life in the Frontier in a rhetoric derived from people’s complaints against malfunctioning of state institutions. Who can object to fighting corruption or attempts to protect the rights of the women and minorities? It does not matter that the anti-corruption drive offends the norms of justice by making the Mohtasib judge as well as the prosecutor or if the rights of women are sought to be protected by curtailing them. For instance, it has been said that restrictions on women’s mobility and their right to work and marriage by choice are meant to protect their rights! At the same time, the sponsors of the bill are not averse to paying homage to the mighty — they do not wish to be on the wrong side of the armed forces and the judiciary while they consider the people a fair game for the hunters.

However, the grounds on which the bill can be assailed are serious and weighty.

Firstly, the bill seeks to carve out the Frontier province as a territory where the existing laws relating to corruption in services, crimes against women, child labour, order at public places, to name only a few, will be superseded by the Hisba Act. This will divide the citizens of Pakistan in terms of their duties under the law (or under different laws), it is doubtful if a provincial legislature is competent to encroach upon the state’s constitutional jurisdiction.

Recently a question was raised in a public debate whether the NWFP Assembly had the right to adopt measures like the Shariat Act and one of the views advanced was that the elected representatives had a right to adopt whatever legislation they wanted. Any impression about an elected legislature’s absolute powers needs to be firmly corrected. Not even the federal parliament can claim legislative authority in absolute terms. It has to stay within the limits prescribed by the constitution. Its power to amend the constitution, too, is circumscribed by the compact under which the people had created the state. The legislative powers of a provincial assembly are strictly subject to the provisions of the constitution. Of course, a provincial assembly, like any group of citizens, is free to agitate for a change in the constitution but till that happens it has to stay within the prescribed limits.

Secondly, the measures envisaged under the proposed law will in many cases run foul of the guarantees of fundamental rights. For example, a young person asserts his / her rights in the face of parental diktat. The Mohtasib will force him / her not to defy the parents?

Thirdly, the proposed legislation gives the hisba network powers to enforce vague concepts. What is meant by ‘enforcement of Islamic values at public places’ or ‘discouraging un-Islamic social norms.’ Will it be impossible to prohibit an unveiled women’s entry into a market, school or court or a demonstration by women, some of them unveiled, before the office of the chief minister?

Discouragement of un-Islamic social norms could mean the hisba force telling the Muslim citizens what to wear, how to take their meals, how to entertain guests, how to treat non-Muslims, or how to take part in sports. Will sportsmen be allowed to wear shorts? Will women and men or non-Muslims and Muslims be allowed to eat at one table? What is the definition of a public place? Will it not cover the bazaar, debating halls, theatres, clubs and cinema halls?

Giving the Hisba force or the police the power to prevent what is bad can be extremely dangerous. There are people who believe that women have no right to move about freely and they cannot cut their hair. Vigilantes have tried to cut women’s hair in open streets and harassed them for walking bareheaded. Fatwas have been issued to prohibit the Sunnis’ attendance at the funerals of Shias or the burial of Ahmadis. Girl students at a university have been ordered to sit in cafeteria at a distance from male students.

The sectarian killer claims immunity in the name of belief. Only the other day a police officer opened fire because he thought a man without a beard could not call the faithful to prayers. After all, a blasphemy case was registered against a columnist (and the editor and publisher) who only inquired in a newspaper column whether keeping a beard was a Muslim’s fundamental obligation.

Regardless of the Frontier authorities’ disclaimers, the hisba plan will bring into the street vigilantes enjoying legal sanction to use violence on whoever is different from them. Laws based on belief are always liable to abuse because of the freedom to interpret them is claimed by every individual. The blasphemy law is a glaring example.

Fourthly, and finally, there is no recognized sanction for any state authority’s right to enforce Islamic code on the faithful. Attempts in this direction amount to disservice to Islam. Farsighted religious scholars do not pit belief against the forces of social change. Instead, they try to reconcile tradition with the demands of the age or to reconstruct religious thought, if a reference to Iqbal is still permitted. Besides, those who think of coercing Muslims through the orders of a political authority lend support to the propaganda that Islam gained converts under force. Let nobody forget the lesson of history that many religious communities brought themselves and their religions to grief by committing excesses in the name of belief.

Existence of the Creator

AFTER a moment’s reflection, however cursory it may be, on the universe and the creatures therein, one cannot help recognize a ‘grand design’. The mind-boggling advancement of scientific knowledge and the technical ability to probe the universe has made many dreams come true. What was the stuff of scientific fiction a few decades ago is now a concept behind kids’ new toys.

However, what at first seems a dazzling scientific achievement and is hailed as such soon gives way to a sobering realization that it only opens a window on vast, rather limitless, area for further investigation. Man is not yet able to comprehend the breadth and depth of the universe. He has been, at best, able to just barely scratch the surface. The informed do not hesitate to admit that man is still very small and helpless against nature. Man has not even been able to understand himself and continues to be an enigma.

However, one thing is very clear that with the passage of time the growing realization of the complexity of Allah’s creation and the delicate balance between its various elements leads to an inescapable conclusion that the whole thing cannot be just an accident but a deliberate work of a superpower.

Allah invites man in the Quran to ponder over the universe around him and look into himself to realize His existence. It says, “Allah is He Who raised up the heavens without any pillars that you can see. Then He settled Himself on the Throne. And He pressed the sun and the moon into service; each pursues its course until an appointed term. He regulates it all. He clearly explains the Signs, that you have a firm belief in the meeting with your Lord.” (13:3-4) “Have they not seen that we drive the water to the dry land and produce thereby crops of which their cattle eat and they themselves? Will they not see?” (32:28) “And in the earth are signs for those who have certainty of faith. And also in your ownselves. Will you not then see?” (51:21-2).

There is a standing challenge in the Quran; “Who has created seven heavens in harmony. No incongruity canst thou see in the creation of the Gracious God. Then look again; seest thou any flaw? Aye, look again and yet again, thy sight will only return confused and fatigued.” (67:4-5). These logical reasons lead to the conclusion that there “ought to be” a creator.

There is a very heavy weight of historical evidence in favour of Allah’s existence. “And there is no people to whom a Warner has not been sent.” (35:25) Those who are fond of numbers put it at one hundred and twenty four thousand prophets. They were all known for truthfulness and never suspected of telling a lie for an ordinary matter, not even in jest. It was illogical to expect them to forge a lie about God, this was simply out of their character. These luminaries were topped by the Holy Prophet (PBUH) who was known for his truthfulness before Prophethood. Thereafter, not only his words, but also every minute of his life was the most eloquent proof of Allah’s existence.

The existence of a superpower is ingrained in human nature to Whom man turns when in trouble, like a child crying to the mother in a difficult situation. Even avowed disbelievers do the same. “And when an affliction befalls men, they cry unto their Lord, turning to Him in repentance; then, when He has made them taste of mercy from him, lo! a section of them associate partners with their Lord. So as to be ungrateful for what We have given them. So enjoy yourself awhile, but soon you will come to know.” (30:34-5)

“Say, ‘Who delivers you from the calamities of the land and the sea, when you call upon Him in humility and in secret, saying, ‘If He deliver us from this, we will surely be of the those who are grateful?” Say, ‘Allah delivers you from them and from every distress, yet you associate partners with Him.” (6:64-9) The disbelievers turn to Allah instinctively when in trouble but, once relieved, soon forget Him.

The perennial question — “Where is Allah?” — agitated the mind of even early day Muslims many of whom have been idolaters previously and this has been answered in the Quran. They were not asked to just have faith, but were also provided with a convincing practical proof which could be understood by a man of average mind and is valid for all times. The proof of the pudding is in the eating. This is how the Quran explains this vital but rather complicated phenomenon:

“Eyes cannot reach Him but He reaches the eyes. And He is the Incomprehensible, the All-Aware.” (6:104) “And when My servants ask thee about Me, Say: I am near. I answer the prayer of the supplicant when he prays to Me. So they should hearken to Me and believe in Me, that they follow the right way.” (2:187) “And your Lord says, ‘Pray unto Me; I will answer your prayer. But those who are too proud to worship Me will surely enter Hell, despised.” (40:61)

“Flee ye therefore unto Allah. Surely, I am a plain Warner unto you from Him.” (51:51) “And as for those who strive in Our path We will surely guide them in Our ways. And verily Allah is with those who do good.” (29:70) “And Allah strengthens the believers with the word that is firmly established, both in the present life and in the Hereafter;” (14:28) The Holy Prophet said, “Whoever loves to meet Allah, Allah loves to meet him and whoever hates to meet Allah, Allah hates to meet him.” “Allah says, ‘Whenever a servant of Mine advances towards Me a foot, I advance towards him a yard, and when he advances towards Me a yard, I advance towards him the length of his arms spread out. When he comes to me walking, I go to him running.”

The question that immediately comes to mind is how to go about experiencing the existence of Allah. The course is indicated in detail by Allah Himself in the Quran and practically demonstrated by the Holy Prophet (PBUH). The two are intimately related. When asked to explain the character and conduct of the Holy Prophet, Hazrat A’isha said, “His conduct was the Quran.” Muslims have been reminded in the Quran: “Verily you have in the Prophet of Allah an excellent model, for him who fears Allah and the Last Day and who remembers Allah much.” (33:22) “Say, ‘If you love Allah, follow me; then will Allah love you and forgive you your faults, and Allah is Most Forgiving, Merciful.” (3:32)

It is worth mentioning that the Quran begins and ends on supplications to Allah. Half of the first chapter of the Quran, Al-Fatiha, which is the gist of the Quran, consists of nothing but supplications to Allah: “Thee alone do We worship and Thee alone we implore for help. Guide us in the right path.” (1:5-6) Similarly, the last two chapters 113 and 114, namely Al-Falaq and Al-Nas are only supplications. In between, the Quran is full of supplications of general nature and for specific individual needs.

Righteousness or fear of Allah (taqwa) in every human activity is an essential requirement of communion with Allah: “And he who fears Allah He will make for him a way out, and will provide for him from where he expects not. And he who puts his trust in Allah He is sufficient for him. Verily, Allah will accomplish his purpose. For every thing has Allah appointed a measure.” (65:3-4)

“And whoso fears Allah, He will provide facilities for him in his affairs. That is the command of Allah which He has revealed to you. And whose fears Allah-He will remove the evil consequences of his deeds and enlarge his reward.” (65:5-6) “Behold! the friends of Allah shall have no fear, nor shall they grieve Those who believed and kept to righteousness For them are glad tidings, in the present life and also in the Hereafter there is no changing the words of Allah; that indeed is a great triumph.”

If proven and admitted that Allah “is there”, and man is accountable to Him, this would have a profound effect on human thought and conduct. His own conscience becomes the keeper. Otherwise, there is no effective restraint on man, he has enough ingenuity to defeat the best man-made laws. There is a striking difference between the present-day lip-service to the existence of Allah and the belief of early Muslims. While professing faith in the existence of Allah, many Muslims today blatantly defy His basic injunctions regarding man’s obligations to Allah, fellow beings and himself, thus practically denying His existence.

US’s pyrrhic victory

IF wishes were horses the Americans would have been riding rough shod over a vanquished Iraqi people. As against this, even though they scored an easy victory over the Iraqi army three months ago, they cannot be too sure that theirs was not a pyrrhic victory.

They have not been able to achieve the declared objective of their military operation — the recovery of Iraq’s secret stock of the weapons of mass destruction (WMD) or of their clandestine manufacturing facilities. US Defence Secretary Donald Rumsfeld and his generals had planned a short, swift and decisive action against President Saddam Hussein and his army as well as the elite Iraqi militias in the hope that they would collapse like a house of cards. This did not happen. The Iraqi army may not have withstood the onslaught of a vastly superior force but the Americans also did not capture any massive numbers of the Iraqis as prisoners of war. The American occupation force also cannot feel too secure as it sends out its patrols into Iraqi towns to establish its presence.

There is little doubt that most of Rumsfeld’s assumptions turned out to be false. The Iraqi army may not have fared well on the battlefield but its morale or sense of loyalty to Saddam was hardly ever in question. The American establishment’s expectation that the Iraqi people would rise up in arms against Saddam because of the excesses suffered by them under his dictatorial rule also proved to be a self-delusion. There were no large-scale defections nor any major incidents of desertion.

It also seemed to have been part of the American calculation that as soon as they started their military operation against Iraq several of its Muslim neighbours would also declare war on Baghdad. The fact is that with the exception of Turkey, which was overtly hostile to Saddam and some Gulf countries, which provided logistic facilities to the Americans, nobody moved against Baghdad. It is another matter that there was little demonstration of sympathy for Iraq’s plight as far as the Muslim countries are concerned and a massive display of anti-war sentiments was to be seen mainly in some western countries. France and Germany suffered Washington’s wrath for their tough stand against the war.

Although the US-led coalition’s war against Saddam was declared to be over on May 1, the Iraqi people still continue to be in a state of war against the US and its allies. There are almost daily reports of US military patrols being ambushed and American military units coming under attack. The thought of body bags coming home is mortifying to an average American. Yet this is almost a daily occurrence. The US’s allies such as the British who have a large military contingent in Iraq are also having a similar experience.

A newsreport quoting Gen. John Abizaid, commander of the US forces in Iraq, says that “guerilla war is what American soldiers are facing in Iraq.” The report recalls that in Vietnam the Americans won all the major battles but still lost the

war. Whether history would repeat itself in Iraq is anybody’s guess.

The US civilian administrator in Iraq, Paul Bremer, has estimated that there are about 160,00 troops stationed in Iraq at present, of whom about 140,000 are American troops. Before the war began, the US army chief of staff had estimated that it would take something in the order of several hundred thousand troops to keep peace in Iraq but the US defence secretary believed that the estimate was too high. Subsequent events have confirmed that the army chief was not far wrong. In fact, the US is looking for reinforcements and among others it has asked Turkey to send additional troops to Iraq. However, a problem with the deployment of Turkish force in Iraq is the traditional hostility between Turkey and the Kurds who are based in northern Iraq.

The matter has been under discussion between Washington and Ankara. The US does not want to trigger hostilities between the Kurds and the Turkish troops. However, Washington is now reported to be confident that there could be “ways to get rid of the Kurdish militants holed up in northern Iraq.” There is no confirmation yet if Turkey has agreed to the US request.

Reports carried by a section of the Gulf press maintain that the Pentagon needs an addition of 30,000 troops for its peacekeeping force in Iraq. The US appears confident that the requirement would be met even though there is a “reluctance” on the part of some of the allies to chip in. As a Reuters report puts it, apparently many countries including some that the US had counted on have balked at sending their troops.

India was reported earlier to have committed to provide 15,000 troops but it has now backed out saying it would not participate without a specific UN mandate. Pakistan’s position is not too different. Even though a categorical official statement on the subject has yet to come out, Pakistan too would be looking for the umbrella of the UN or OIC or GCC. It, however, appears that Pakistan’s participation in the Iraqi peacekeeping force would not be a popular decision. But it is generally believed that, in principle, Islamabad has made a commitment but it would want certain modalities to be settled before it goes ahead.

Oases of Arab progress

THE 9/11 attacks focused attention on the Arab world from without and within, showing quickly that although nations in the region differed in many ways, they were united by a lack of democracy. But under pressure from the United States —and, more important, from their own people — some countries are showing glimmers of change.

Jordan recently elected a new parliament. This will not take any power from King Abdullah II, who inherited the throne on the death of his father, King Hussein, in 1999. But it should provide an institutional form of advice to the monarchy. Abdullah dissolved parliament two years ago and delayed balloting several times, stressing economic development before political change.

But with the Iraq war done and the “road map” to Palestinian-Israeli peace published, Abdullah decided he could live with an elected legislature — which he can dismiss if he chooses. Balloting was rigged in favour of pro-monarchy candidates.

Yet several Islamists won seats and probably will challenge the government, one of the few in the Arab world that recognizes Israel and which tries to maintain calm among the Palestinians who account for more than half of Jordan’s population. Women fared worse than Islamists, winning none of the 110 seats. But six seats in parliament have been set aside for women, who will be chosen by a special commission.

— Los Angeles Times