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Books and Documents

Islam and Human Rights

An-Na’im is a practising Muslim. He takes his faith seriously and views himself as accountable for the ideas he presents not only as academic arguments but also as ideas in relation to his faith. The first sentence of his book is: “In order to be a Muslim by conviction and free choice, which is the only way one can be a Muslim, I need a secular state.” An-Na’im began his presentation by reminding us that out of 40 countries where Muslims are the majority most have no desire to have an Islamic state. Arabs make up only 12 per cent of the total Muslim population. The second-largest Muslim population is in India, which is a democratic and secular state. The combination of Shariah, or Islamic, law, and the notion of an Islamic state is not part of the lived experience of most Muslims. In fact, the term ‘Islamic state’ did not exist before the mid-20th century. It is a post-colonial concept based on European ideas of states and laws. It is not an Islamic concept. -- Sonya Nigam

Fundamental and human rights violations take place every day in Balochistan. In the past year over 300 mutilated bullet-riddled bodies of Baloch political leaders, workers, activists, students, teachers, lower grade public servants, have been dumped at desolate places or roadsides. Sectarian violence, especially targeting the Hazara Shia community (hitherto unknown in Balochistan and only in the past three years), and ethnic violence has seen an unprecedented rise. Most of these bodies are of missing persons (Baloch sources claim over 1,300 missing) who had been abducted by the perpetrators years ago and some recently. There are eyewitnesses in most cases of abduction but they are unwilling to expose themselves to a very real threat to their lives. -- Sheikh Asad Rahman

Both the state and its adversaries must beware the seduction of war — and the delusion that killing can be civil. In 1948, the Universal Declaration of Human Rights mandated that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” The Third Geneva Convention prohibited torturing prisoners of war. In 1987, the United Nations agreed that neither “a state of war [n]or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.” -- Praveen Swami

Turkey is viewed as the successful merger of Islam and modernization. Turkey's standing in the region is growing, but its international credibility should be in doubt as long as it fails to address its human rights record, especially in regard to the large Kurdish minority. At the heart of the issue lie restrictive laws that limit free speech, prevent the teaching of minority languages such as Kurdish in schools and require a political party to secure a whopping 10% of the nationwide vote to gain a seat in parliament. -- Emma Sinclair-Webb

 

As people across the world mark Human Rights Day today, prominent rights groups are raising awareness of one violation that is often overlooked in Southeast Asia: The continued existence of the death penalty.  The report “When Justice Fails: Thousands executed in Asia after unfair trials,” released this week by the Anti-Death Penalty Asia Network, highlights the cases of eight people on death row in various countries in the Asia-Pacific region.  It included a Nigerian, Humphrey Jefferson Ejike Eleweke, who was arrested for drug offenses in 2003 in Indonesia and sentenced to death a year later.  “Only a small number of countries in Asia are still using the death penalty, but their actions cast a shadow over the entire region,” Adpan coordinator Louise Vischer said in a statement. -- Ulma Haryanto

The ambit of crimes against humanity includes: murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war, or persecutions on political, racial or religious grounds in execution of or in connection with any crime, within the jurisdiction of the tribunal, whether or not in violation of the domestic law of the country where perpetrated. Leaders, organisers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any person in the executions of such plans. The ambit and scope of crimes against humanity can only be improved based the definition prescribed by Nuremburg Tribunal, the ICC Statue and the like. -- Prof. Mizanur Rahman

BANGLADESH remains an overpopulated country. There are children belonging to very poor families who are deprived, underprivileged and often marginalised. Among them are the street children without parents, homes or any form of shelters. There are slum children living on the sides of the streets or next to the railways. These children start their day with the worries of collecting basic meals. In an age where they should be going to schools; they search for livelihoods. They have to work hard till the night. At times they are made to be involved in different types of risky jobs which are threats to their lives. While growing up, these children usually experience severe malnutrition, social repugnance and considerable vulnerability, as a result of which they often grow hostile, possess hatred and distrust is often drawn into these naïve children leading them towards criminal activities, thus playing the most effective role in tainting the society. -- Mahmuda Imam

 

After two harsh laws restricting people’s right to freedom of religion or belief were passed – and apparently before they came into force – Kazakhstan had begun closing mosques, churches and prayer rooms in prisons, Forum 18 News Service has learnt. “Mosques and Russian Orthodox churches were built in prisons in violation of building regulations and the law,” Aliya Kadenova, an aide to Eskali Salamatov, deputy head of the Interior Ministry’s Criminal Administration System Committee which oversees prisons, told Forum 18 from the capital Astana on 10 November. “They are illegal – that’s why they are being closed down.” International law clearly defends the right of prisoners to freedom of religion or belief. The International Covenant on Civil and Political Rights has been ratified by Kazakhstan and came into force in the country in 2006. This states that, “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person” (Article 10, Paragraph 1). This specifically includes those held in prisons, detention camps or correctional institutions (General Comment 21 on the same article). -- Felix Corley

Nine youth accused in Malegaon blast case of 2006 have been granted bail by the MCOCA court. (Nov 6 2011). These Muslim youth were arrested after the bomb exploded on the Shab-e-Barat, killing several people. Immediately after that the Anti Terrorist Squad, arrested nine Muslim youth, there was really no evidence worth its name against them. Still police which is, motivated more by biases than by professionalism, arrested these Muslims youth. Similar things happened in Mecca Masjid blast when the authorities arrested nearly 25 Muslim youth after the blast in the mosque. The Godhra train burning investigation is also mired in much deeper misconception, where nothing could be proved against the alleged Chief conspirator, Maulana Haji Umarji. Despite that, other Muslim youth were given the sentence.  All these investigations show a clear pattern that the biases of the investigation authorities overtake their professional training.  This was also one of the lazy way of going about things as arresting Muslims after such an episode is passé’ in public opinion and in the media in particular. Barring a small section of media others hardly played their role of raising doubts about the methods of investigating authorities. -- Ram Puniyani

 

With the murder or expulsion of most of Libya’s African migrant population well on its way came the massacre and ethnic cleansing of tens of thousands of Black Libyans. And all the while Barack Obama and his band of criminal cohorts in the western capitals and television news channels strung together words like “pro-democracy”, “freedom fighters” and “liberation” to describe the orgy of looting and lynching being carried out. When Black Libyans took up arms to defend their families and homes from the Libyan lynch mobs they found themselves the beneficiaries of “pro-democracy” high explosives, delivered from on high by a freedom loving NATO air force. Bombed from on high, lynched on the ground, the only choice is flee for your lives and that is what hundreds of thousands of Black Libyan have been forced to do. And all under the approving eye of the first Black President in the White House. -- Thomas C. Mountain 

The hate speech and rhetoric against religious minorities, especially Christians, has done irreparable damage to our society. Minorities have been alienated; they consider themselves vulnerable and not viewed as equal citizens. The so-called religious clerics have been responsible for such rhetoric and, not surprisingly, always manage to herd the poor and ignorant populace in the name of religion, while silencing any opposition by threatening retribution and dire consequences. Our administration and centres of power are also held hostage by the situations created by these elements and are unable to take any measures. The immediate priority is to defuse the tension but, in the long run, these tensions always boil over at some point. Riots and incidents of terrorism targeting minorities throughout the history of Pakistan are evident examples of how the situation has been allowed to simmer, eventually reaching boiling point. What happened to the unfortunate eighth grade student had nothing to do with blasphemy. It was sheer discrimination against a non-Muslim. -- Gulmina Bilal Ahmad

The country is being sold to Western imperialist powers under the garb of globalisation, leading to immense pauperisation, which is hitting marginalized communities, such as Dalits, Muslims, OBCs and Muslims, the most. It is bound to lead to escalation of caste and communal conflicts as the ruling classes seek to deflect peoples’ attention from their economic and political concerns. Hindutva forces, agents of imperialism, are bound to become more assertive and aggressive. They are working in tandem with imperialist forces, including the USA, whose perceptions about Muslims they share…-- Mukul Sinha in an interview with Yoginder Sikand, NewAgeIslam.com

There is a famous incident involving the governor of the province of Syria Hadhrat Umer (R.A.). The second caliph Hadhrat Umar(R.A.) had appointed Hadhrat Umer the governor of the province of Syria as he was a very pious and God fearing man. After his appointment, Hadhrat Umar did not get any information about him for as long as three years. He apprehended that Hadhrat Umer had become corrupt and plundered public money. So Hadhrat Umar (R.A.) asked him to come back. He came back on foot not using any conveyance in the capacity of a governor. Hadhrat Umar enquired about him and found that he had been doing his duties as a governor perfectly well under the sharia. Upon asked about his experience in Syria, he said, “ I performed my duties according to the injunctions of the Holy Quran and the Prophet (PBUH). But I have only one regret. Due to my arrogance as a governor, I once cursed a Jew.” -- Maulana Aslam Qadri, NewAgeIslam.com

The World Uyghur Congress with the co-operation of the Australian Uyghur Association, the East Turkestan Australian Association and the Victoria Uyghur Association will hold a democracy-training workshop entitled “The Uyghur Issue in the Context of China’s Democratisation Process” in Sydney, Adelaide and Melbourne, Australia from March 21 to 28, 2011.  The workshop is supported by a grant from the National Endowment for Democracy Foundation (NED). Prominent Uyghur leader Rebiya Kadeer, thrice nominated for the Nobel Peace Prize, will be attending the workshop. – World Uyghur Congress

World Uyghur Congress and the East Turkestan Union in Europe Commemorate the Gulja Massacre and Organise Demonstration in Munich with Rebiya Kadeer

On 5 February 1997, a peaceful demonstration by fifteen to twenty thousand Uyghurs in the city of Gulja (in Chinese:  Yining), Ili prefecture in East Turkestan was brutally and lethally suppressed by Chinese security forces. At least 100 Uyghurs were killed and hundreds were injured. Approximately 4,000 Uyghurs were arrested during and in the aftermath of the demonstration. Many remain disappeared today and are probably either dead or in prison. According to Amnesty International, more than 200 Uyghurs were sentenced to death in unfair trials for their alleged involvement in the unrest and then executed. About 90 Uyghurs were sentenced to long prison terms. -- World Uyghur Congress

 

In the streets around Abdel Munim Riyad square the atmosphere had changed. The air which had held a carnival-like vibe was now thick with teargas. Thousands of people were running out of nearby Tahrir Square and towards me. Several hundred regrouped; a few dozen protesters set about attacking an abandoned police truck, eventually tipping it over and setting it ablaze. Through the smoke, lines of riot police could be seen charging towards us from the south....

We were hustled towards a security office on the edge of the square. As I approached the doorway of the building other plainclothes security officers milling around took flying kicks and punches at me, pushing me to the floor on several occasions only to drag me back up and hit me again. I spotted a high-ranking uniformed officer, and shouted at him that I was a British journalist. He responded by walking over and punching me twice. “**** you and **** Britain,” he yelled in Arabic. -- Jack Shenker

A “CONFEDERATION of tribes” with internal jealousies and conflict was not as conducive to the rise of unified Baloch nationalism like the homogeneity of the Bengalis was for their nationalism. Therefore Islamabad was better able to divide and rule the Baloch. This was reflected in the split between the nationalist tribal sardars of the Marri and Bugti tribes in the resistance movement of the 1960s and 1970s when the former picked up the gun against Islamabad and the latter sulked on the sidelines or actually embraced it. In the 1980s and 1990s, the Marris, Mengals and Bugtis tried to obtain a measure of political and economic autonomy from Islamabad but failed because the PPP and PMLN were busy making and breaking governments and ignoring economic development and national integration. The military government in the 2000s negated the benevolent effect of economic development by depriving the sardars and middle classes of Balochistan of its largesse ( Gwador was tied securely to anchors in Islamabad and the Bugti tribe was threatened with military reprisals for agitating about royalties from Sui and contracts from Pakistan Petroleum). Worse, in the 2002 elections, the military regime propped up the mullahs and religious ideologues of Balochistan ( and NWFP) at the expense of the tribal sardars, mainstream politicians and middle classes, effectively depriving them of power sharing. This culminated in alienating the Marri sardars and forcing them into exile and antagonising the Bugti sardars and compelling them to resist by force. The premeditated elimination of Nawaz Akbar Bugti via a military operation became the catalyst for an unprecedented unified stand by the Marris, Mengals and Bugtis against Islamabad. -- Najam Sethi

 

The Baloch people are among the worst victims of state discrimination. They are denied basic services, revenue which they generate, development opportunities and most awful of all, they are not regarded as full citizens.When Baloch people glance at their not-too-distant past, it becomes evident that in the years 1948, 1958, 1962, 1973-77 and 2002 to date, deep wounds were inflicted upon the body of Balochistan as a consequence of repeated military operations. In order to retain political and security control, Pakistan`s establishment crafted new colonial policies to suppress the Baloch people`s desire for development and progress.Small but historically evolved Baloch institutions including administrative systems were abolished, trained and experienced officials were dismissed and the medium of instruction was changed. There were also systematic restrictions and a policy of institutional discrimination was imposed to rule Balochistan-- Sanaullah Baloch

Bandukwala should know. On February 28, 2002, when a coach of the Sabarmati Express was burnt at Godhra and subsequently sent Gujarat up in flames, the secular scholar-activist, who had even advocated a dialogue with the sangh parivar over the Babri Masjid issue, was at home. Bandukwala had never seen himself as a member of the Muslim community. That day this belief received a massive jolt. A mob, carrying LPG cylinders, moved towards his house. In the nick of time, he escaped from the back door and knocked at a Hindu neighbour’s door. While he shivered in the bathroom, the mob looted the house, setting it afire later. The fire was doused, but the house became unlivable.

“I don’t mourn the destruction of my house as much as I mourn the increasing intolerance in our society. Among the boys who came to kill me were those who would touch my feet out of respect,” recalls Bandukwala. He says that the rioters were instructed to target two famous Muslims of Gujarat—ex-Congress MP Ehsan Jafri and himself, both educated and champions of secularism. -- Mohammed Wajihuddin

On Oct. 22-23, a group of Arab intellectuals, politicians, and civil society advocates convened a Conference on the Future of Democracy and Human Rights in the Arab World in Casablanca. Citing the “dramatic and alarming backsliding of political reforms in the Arab world,” they issued a remarkable, frank and courageousappeal to the Arab nations. The “Casablanca Call for Democracy and Human Rights” represents a powerful consensus among disparate political groups that democracy must be the foundation for social and political justice in the region. As such, it represents a signal event for Arab democrats and for friends of democracy around the world. -- Shanker Blog, A Voice of the Albert Shanker Institute

 

It is the responsibility of the courts how they interpret the blasphemy laws. And it is the responsibility of the government, as well as parliament, to take notice of laws that allow impunity for such murderous bigotry and initiate a process that dismantles the architecture of these man-made laws. But it is also the responsibility of citizens, especially those who profit the most from Pakistan , to stand up again such attacks on its existential premise. In any civilised country, where the identity of the state was so contested that no one could face the wrath of the self-appointed gatekeepers of Islam, the educated elite would be forced to make common cause with the activist left to put its weight behind reform of laws they all condemn as unjust behind closed doors. -- Sherry Rahman

According to Mr Higgoda, Sri Lanka’s honorary consul to Bahrain, “We are handling many cases where the maids are assaulted by employers. Some were not paid for months and some were denied medial care, enough food or the right to go home, and also faced violence and harassment… If the maids want to leave their work and complain to the police, they are called runaways by their employers. As a result, the victim is usually deported, after serving time in custody.”

An extreme case of this nature is that of Ms Sumiati Binti Salan Mustapa, a 23-year old Indonesian worker in Saudi Arabia, who was recently hospitalised after her face and mouth were savagely cut with scissors, and her body burned with a hot iron. Just seeing her slashed face is enough to give you nightmares. To the best of my knowledge, her Saudi employers – the people responsible for the attack — are still free, despite the government’s assurances to the Indonesian authorities of its intentions to investigate the assault. -- Irfan Husain

In all civilizations, there are forces that represent tribalism and forces that represent humanism. Orthodox Hinduism with its fixed caste hierarchy represents the tribal exclusiveness of the Indo-European tribes that conquered the Indian subcontinent and subjugated the indigenous peoples of this region. The caste system embodies that tribalism. On the other hand, the Bhakti movement and other anti-caste cults that evolved in our region represent universalism and humanism. Similarly, within the Islamic civilization, the Mu’tazila and the rebel Sufis represent humanism and universalism. Mainstream Sunnism and Shiaism are expressions of tribalism and exclusivity. -- Ishtiaq Ahmed

Contemporary examples of utilising the approach of religious natural law are Abdulaziz Sachedina and Dr Anver M Emon. Sachedina, in his recent work, Islam and the Challenge of Human Rights, argues for a theory of Islamic natural law. He uses Mu’tazilite philosophical and interpretive strategies and concepts to provide a framework of inclusive and liberal moral theology. Sachedina argues for a conversation and dialogue between religious liberals and secular moral theorists, since the goals are the same but the routes are different. This innovative set-up of moral pluralism where different cultures and traditions can reach the same conclusions but with different concepts of human nature, epistemology and ethics is attractive. Sachedina argues that we must utilise ‘religious reason’ to construct arguments from the Islamic tradition to provide a buttress for human rights. -- Ahmad Ali Khalid

In the Qur`an there is no mandatory death penalty even for these two crimes (5:33, 45, 2:178). In any case they are far more restrictive than in the Jewish tradition, which not only allows but requires death penalty for many more cases. In this way, the Qur`an makes another improvement over the earlier traditions.

Here is a long list of deeds punishable by death in the Bible, as against the two in the Qur`an:

Cursing or disobeying parents (Ex 21:17, Deut 21:18-21)

Murder (Ex 21:12, 21:15) And he that smites his father, or his mother, shall be surely put to death.

Adultery (Lev 19:20, 20:10)

Kidnapping and enslaving a man (Ex 21:16)

Bestiality (Lev 20:15-16)

Abominations (Lev 20:2)

Blasphemy (Lev 24:16)

Incest (Lev 20:11-14)

Witchcraft (Ex. 22:18, Lev 20:27, Num 3:10)

False Prophecy (Deu 13:5)

Rebellion (Josh 1:18, 2 Chr 15:13)

Lying with a woman having her menstruation (Lev 20:18)

Working on the sabbath day (Ex 16:25, 29, 31:14-15,35:2-3, Num 15:32-36)

Losing virginity before majority (Deut 22:21-24)

Worshiping or enticing others to worship gods of non-Jews (Deut 13:6-10, 17:2 -5)

Other pre-Islamic traditions are also full of mandatory death penalties. By totally doing away with mandatory death penalty for all crimes the Qur`an further raises the value of human life in comparison to other religions. -- Dr. Ahmad Shafaat

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