Need for sagacity

AS government formation talks proceed certain basic truths need to be kept in view, the foremost being the people’s vote, which has rejected religious extremism, autocracy and a strong centre. The split mandate, with a plurality for the PPP, followed by the PML-N’s strong showing in Punjab and the ANP’s comeback in the NWFP show the preferences of the people of Pakistan in no uncertain terms. While, no doubt, differences do exist between the PPP and the PML-N, we trust they are quite capable of coming up with a scheme that truly represents the urges and aspiration of the people. The victorious parties and politicians have reached this invincible position through the people’s verdict, and this should give them enough confidence in their ability to translate their constituents’ dreams into reality. Against this background, one is surprised to see some foreign quarters, especially American, coming up with unsolicited advice on what course our politicians should adopt. One is also appalled to note that Asif Ali Zardari, despite commanding such a strong position in all the five assemblies, should have called on the American ambassador, where obviously the bonhomie would not have remained confined to the envoy’s felicitations on the PPP’s victory.

The big challenge before the politicians is to make a success of the democratic process that has just begun. It has come to us after a lapse of nine years, and all one hopes is that the politicians have learnt their lessons from the mistakes they made in the 1988-99 political era. This period was marked by political confrontations and intrigues that ultimately led to the military takeover in October 1999. There were four elected governments during this period but none of them was able to complete its term because of the squabbles among the politicians, especially the two leading parties. Exploiting the differences among the politicians, the powerful presidents, armed with the draconian article 58(2)b and with full help from army chiefs, sacked the governments even though they were enjoying the assemblies’ confidence. There was confrontation between the PPP-led federal government and the Sharif-controlled Punjab, and later the tussle between the Sharifs at the centre and the Punjab government controlled by Yasin Wattoo led to the mobilisation of the Rangers and the police by the two sides.

This time the politicians owe it to the people to show a sense of responsibility, accommodation and even magnanimity. The differences over the judiciary should be left to the assembly to sort out. There are other issues also that need the newly elected parliamentarians’ attention, like making a success of democracy and giving Pakistan political stability and the people a sense of participation in governance. It is here that President Musharraf should realise his weakened position and be intelligent enough not to make the judiciary issue a matter of ego. Let him not fritter away the advantage of an election not rigged on polling day, for which he must be given credit, by involving himself in a fruitless confrontation with parliament. Let all sides accept the parliament as the final arbiter on the question of the judiciary that was given a mortal blow by the president on Nov 3.

Food for thought

RELIGION has made a comeback the world over. Whatever may be the reason — the collapse of communism, suicides and broken homes in affluent societies and the possession in human hands of weapons of mass destruction — large sections of people are turning to religion to find solace. This has not been without its disagreeable side, for extremism in religion is now posing a new threat to the world. These extremists are not to be found among Muslims alone — fundamentalist Christians, Jews and Hindus have not refrained from attacking verbally, and even physically, the followers of other faiths. Among Muslims, the rise of militant Islam is a story unto itself. But of greater concern, in Pakistan especially, is the proliferation of religious organisations on a scale and in a manner that is often alarming and does not seem to benefit society.

The commendable point about most of these organisations is that they are non-political and are apparently wedded to preaching their doctrine and underpinning it with social work. Some of the Islamic trusts, for instance, are doing an excellent job by way of running charitable dispensaries, financing poor girls’ marriages and digging wells in thirsty villages. But that is not true of all religious bodies where some, though not all, ulema and ‘managers’ have created what Ayatollah Aqeel al-Gharavi, a visiting scholar, has called a “religion industry”. Traditionally, religion has thrived among the poor, and Muslim preachers have kept away from kings and rulers and dwelled among the people to spread the message of peace and brotherhood. In Pakistan, however, we are witnessing a phenomenon in which the mushrooming of religious organisations seems bewildering and counterproductive. The fabulous vehicles they ride and the armed guards the religious divines keep have the trappings of power and symbolise pride rather than humility and self-abnegation. The money, of course, is legally available, for the Pakistani people donate generously to religious causes. But the end result is anything but the peace which the people want and which should be the first priority of any religious organisation or movement. More regrettably, those who run these bodies often seem to be working in a spirit of competition and rivalry rather than of concord and harmony, and many have developed vested interests in keeping things as they are. Coming from an Islamic scholar, the originality of the remarks must provide food for thought for all Muslims.

Protecting plant life

KARACHI University’s decision to open its botanical gardens to the public from next month will be welcomed by nature lovers in a city whose green spots are often obscured by haphazard development projects. Housing more than 2,000 varieties of local and non-indigenous flora, a trip to the gardens can prove to be an exercise in awareness as people realise the value of plants and their conservation. Such a project may also encourage other educational institutions in the city, especially those with large grounds, to follow suit. They may not necessarily have enough funds to maintain botanical gardens on the scale of those at KU. But even less space allocated for the growing of a variety of local plants and some involvement of students in their upkeep might generate interest in biodiversity. Such public knowledge is very much needed in a country which has one of the highest rates of deforestation in the world.

Although in recent years Karachi has witnessed the inauguration of several parks for public recreation, it is a pity that a more innovative approach has not been adopted in their planning. Most serve as family picnic and recreation spots but do little to arouse interest in natural surroundings. Also, park authorities seem least bothered about chiding those members of the public who ignore environmental cleanliness by throwing litter on the ground or who damage park property. The formulation of park rules and strictness in adhering to these, along with encouraging horticultural activities, could give rise to greater public sensitivity and interest. As companies with large funds, multinationals, too, could play a part in raising awareness. In addition to concentrating on their gardens (that often win prizes in horticultural competitions) such companies could plan and develop green areas with a view to raising public consciousness about the need to protect the city’s plant life.

Principles of Islamic finance

THE age of globalisation has ushered in an era of advanced cooperation, increase in bilateral as well as multilateral trade, massive investments in infrastructure for energy rich countries, industrialisation and the works.

The linchpin in all the above is capital or money which is generated through investments, then reinvested for generation of a bigger amount. Fruitful and lucrative ventures bring in greater amount of capital; risky ventures have an element of risk which cannot be overlooked. Stock markets boom and crash; an air of speculation prevails. Interest based economy dominates the scene where many a small fry cannot compete with big businesses.

Islam has devised its own set of rules with regard to financial enterprises. The underlying principle operating in Islamic market law is twofold: individual autonomy to own productive resources to further one’s economic interest and protecting the consumer from harm. Individual interest has to be so pursued that collective interest of society is not put at risk. Thus any individual business undertaken to cause harm to the fabric of society has been strictly prohibited.

In short, the basic principles of the Islamic economic system are that moral values are guiding factors for all economic activities; there should be maximum utilisation of human and material resources, the same to be managed equitably; wealth should be distributed and circulated fairly.

In order to achieve what has been stated in broad terms above, the following are some of the rules laid down.

Prohibition of Maysir (gambling and games of chance): “They ask you concerning wine (strong drink) and gambling. Say: “In them is great sin and some profit for men; but the sin is greater than the profit.”

Prohibition of Gharar (risk or uncertainty): The term Gharar connotes risk or uncertainty. It refers to transactions wherein the characteristics of the subject matter itself are not certain or clearly laid down be it with regard to form or quantity. So such a deal involves an element of risk similar to gambling.

The Prophet (pbuh) has forbidden the purchase of unborn animal in its mother’s womb, sale of milk in the udder without measurement, purchase of spoils of war prior to their distribution, purchase of charities prior to their receipt and of the catch of a diver. The last prohibition in this hadith pertains to payment for whatever a diver may catch on his next dive. This has been prohibited because the payer does not know what he is paying for.

Prohibition of riba (interest or usury): Riba literally means ‘increase’. In Shariah, it is an addition over and above the principal amount i.e. paying money for the use of money. The Holy Quran and the Sunnah of the Holy Prophet expressly prohibit riba. “And that which you give in gift (to others), in order that it may increase (your wealth by expecting to get a better one in return) from other people’s property has no increase with Allah…” (30: 39)

It has been narrated that Bilal once visited the Messenger of Allah with some high quality dates. The Prophet inquired as to where he got them from. Bilal explained that he traded two volumes of lower quality dates for one volume of a higher quality one. The Messenger of Allah said: “this is precisely the forbidden Riba! Do not do this. Instead, sell the first type of dates and use the proceeds to buy the other.”

Prohibition on dealing in forbidden commodities: Keeping in view public good and for the purpose of discouraging unethical investments, Islam has forbidden dealing in commodities declared haram i.e. pork, wine, drugs etc whose use and consumption has been forbidden to Muslims.

Payment of Zakat (Charity): Zakat, a principal component of social security, is a portion of wealth which a Muslim is obliged to give to a predetermined category of beneficiaries, if the value of his assets is above a specified limit. The Holy Quran says: “And perform As-salat, and give Zakat and obey the Messenger (Muhammad) that you may receive mercy (from Allah).” (24: 56); it is the state’s responsibility to collect Zakat and distribute it among the needy.

The basic principles narrated above serve as guidelines for Muslims to fashion their economic activities in accordance with Divine injunctions. Keeping in view the intricacies of contractual relationships and business dealings, Islam has also laid down certain methods by which partnerships can be created, profits derived and benefited from, losses equitably shared and smooth running of business managed.

Some of the prominent financial instruments being mudarabah (capital trusts); musharakah (full partnerships); murabaha (mark-ups on sale); bai muajjal (deferred payments); bai salam (prepaid purchases) istisna (manufacturing contracts) and qard hassan (benevolent loans). Mudarabah, also known as sleeping partnership, is a form of partnership wherein the investor (rab al maal) provides capital to an entrepreneur (mudarib) for the purpose of undertaking a business activity. Profits in this case are shared according to a predetermined ratio but losses are born by the investor only. The mudarib only loses his share of the income in case of a loss.

Further, the investor cannot interfere in the running of the business but can specify conditions for the purpose of better management of the capital invested by him. Musharakah is an active partnership wherein all partners invest in the business and take active part in executive affairs. Profits are enjoyed on the basis of a predetermined ratio, whereas losses are shared in proportion with the amounts invested.

Murabaha is a transaction which enables a buyer to make a purchase without taking a loan from a bank and incurring interest on borrowing the same. A bank or a financial institution in this case purchases an item specified by the client for the latter. Having so bought it, the bank or financial institution sells it to the client at a price which includes a profit margin agreed to by both the parties.

Bai Muajjil is a sale of goods where the payment for the same is deferred. The buyer can pay either in lump sum or in instalments as agreed between the buyer and the seller.

Bai Salam is a form of sale where advanced payment is made for goods clearly described which are to be delivered at a specified date in the future. Istisna is a form of sale where the subject matter of the sale is bought before it has been manufactured or built.

Qard Hassan is lending of money to help out another. The lender in this case cannot take back more than the amount he so lent. The borrower however, of his own volition, may pay back a larger amount to the lender provided that this has not been demanded of him under the contract.

OTHER VOICES - Pushto Press

Harbinger of a new era

Hewad, Peshawar

Whether elections were rigged or not may become clear within a few days but the turn out was observed to be less than the previous polls. The main reason for the poor numbers seems to be the deteriorating law and order situation in the country. The voting ratio was specifically affected in the NWFP and Balochistan by the fear of suicide bombings and bomb attacks. The other reason, especially in Balochistan, was the boycott of these elections by nationalist parties.

It may be said that the elections were held in a comparatively peaceful atmosphere, which is considered a credit for the present government. Although some 27 people are reported killed in polls-related violence, we did not witness any large scale terrorist activities. We also observed the show of weapons and restrictions on women voters in some areas.

PML-N and PPPP have blamed the government for pre-poll rigging but the results appear to be mostly fair.

The people of Pakistan have pinned high hopes on the new parliament in several respects. The people of the NWFP and Balochistan face tremendous hardships largely due to the ongoing terrorist activities that include suicide bombings and explosions. Continuing violence and increasing terrorism have almost paralysed life in these two provinces.

Their people expect that the new government will pay special attention to combating terrorism and will provide a peaceful environment which is the first step to prosperity. The new government may effectively deal with the issue of terrorism by earning the trust of the local people and will be better placed to do so because it will be a genuinely representative government. — (Feb 19)

Accountability of parties

Wahdat, Peshawar

The elections process across Pakistan came to an end on Monday, Feb 18 at a time when most voters in the country were in the grip of fear because of increasing terrorist actions. Voting for the 839 national and provincial assembly seats started at 8 in the morning and continued till 5 in the evening without any break. Some 64,000 booths were established through the length and breadth of the country and 7200 officials had been appointed to oversee the polling process. The rate of voting was affected negatively in some parts of NWFP, and in the districts of lower Dir, Swat and tribal areas, and women voters were not allowed to cast their votes. Elections-related violence was also observed in some parts of the country. According to sources, armed men entered a school in Janur of Bannu district and kidnapped seven officials on election duty.

Most of the political parties had blamed the government and PML-Q of rigging before the elections but the government was adamant that it would hold fair and free elections. These polls have been held under the supervision of foreign observers and no political party has yet claimed any large scale rigging.

It is suggested that parties who lost the elections should accept the verdict of the people. The natural process after the elections is to form a new government. Those who are able to form the government should learn a lesson from the past. They have to develop a system of accountability within their parties so that they are able to run the administration with efficiency and honesty. They have to enforce checks on the use and abuse of power and avoid all politics of vengeance. — (Feb 19)

— Selected and translated by Khadim Hussain