Inter-faith understanding a powerful force for change

By SUZALIE MOHAMAD,
Fellow, Centre of Syariah, Law and Political Science, IKIM

Globalisation is considered by many to be the way forward, but it should not to be made a vehicle to impose the cultural values of one country over another.

In the light of the present political and economic scenarios, a step forward towards fostering a better relationship between Europe and Asia through the bridging of differences between the two continents needs to be initiated.

By virtue of Asia becoming an emerging market of the world, a better understanding of its cultures is vital for a more meaningful and fruitful cultural and economic association in the future.

In The Clash of Civilizations and the Remaking of World Order, Samuel P. Huntington asserted three important issues that divided the West and other societies:

> the West seeks to maintain its military superiority of weapons;

> it promotes western political values and institutions by pressing other societies to adopt human rights and democracy along western lines; and,

> it seeks to protect the cultural, social and ethnic integrity of Western societies.

We believe Asia and Europe need to embark on mutual understanding, to work on smart partnerships, which are not based on dominance and prejudices.

Before we proceed, the term “unity in diversity” itself needs to be defined.

In my humble opinion, “unity in diversity” should be defined as “the ability to live and interact peacefully and harmoniously without any prior presumptions and prejudices about people of different cultural and religious backgrounds”.

The principle of unity in diversity, should be understood in a wider perspective to include inter-related issues of global peace and socio-economic equality.

To a certain extent, the socio-economic development of a country is hampered by the absence of peace and political stability. Human capital, energy and financial resources are diverted to unproductive purposes.

We must agree that we cannot expect people to understand “unity in diversity” if they live in an environment of conflict, and if they are hungry.

Therefore, it is pertinent that the prolonged conflict between Israel and Palestine, in Kashmir, and in the rest of the troubled areas in the world must be stopped immediately.

Political will and non-partisan support with regard to the issues surrounding these conflict areas are necessary to bring peace.

As the world moves towards a global society, the less-developed nations should not be forgotten. They must be guided to participate in mainstream development.

It is the responsibility of all to ensure that the populations of these countries are given the opportunity to free themselves from poverty. Only through the eradication of the socio-economic conditions in these countries can problems like terrorism be solved.

In the 21st century, globalisation is considered by many to be the way forward, to foster fairer cross-border trades.

Despite the advantages, many countries, especially those less developed, are concerned with the potential adverse effects of globalisation on their local cultures and values.

It is important to emphasise that globalisation should not to be made a vehicle to impose the cultural values of one country over another.

Diversity in culture allows diversity in the ways people do things. The rest of the world, especially the more-developed nations, must avoid forcing others to adopt their system of government and should not interfere in the internal affairs of other countries.

Global peace can also be pursued through inter-faith understanding and tolerance. Along this line, two issues need to be addressed.

One, religions must be understood without prior prejudice. Two, religions cannot and must not be associated with injustice, tyranny and oppression.

Interfaith understanding and tolerance may be achieved through several ways.

Firstly, through education, which – at the primary, secondary and tertiary levels – must be effectively constructed to propagate the values promoted by religion. The education system must also provide an environment and the opportunity for children of different cultural and religious backgrounds, from early ages, to interact and communicate with each other.

There is also a need to regulate and standardise religious schools. There should be no separation between religion and state. The terms “secular” and “secularism” do not exist in Islam.

Secondly, through interfaith dialogue, which should be used to effectively promote religious values.

Thirdly, through a greater role from the media, which is vital in bridging cultural differences between Asia and Europe. Negative and sensationalised reports are damaging efforts to promote cultural and religious understanding and tolerance.

Fourthly, through settlement programmes. These may be used to integrate multi-cultural and multi-religious societies. Other countries can learn from the experiences of Malaysia in this regard.

I believe the real objective of human beings on this earth is to promote justice. This condition can only be achieved if there is a will and sincere effort towards creating a more peaceful world.

Silence not the women

By ZAINAH ANWAR

Whenever I give talks on Islam and women’s rights in any part of the world, I am often asked the familiar question from Islamists in the audience: “What right do you have to speak on Islam? You are not an expert. When you are sick, you go to a doctor. When you have questions about Islam, you go to the ulama. He is the expert,” they say triumphantly, as if to end the debate.

Depending on the audience and the mood, sometimes I answer the question flippantly, most times seriously.

My flippant answer is, well, if I don’t like that doctor’s opinion or treatment, I go to another doctor. And if the doctor prescribes me the wrong treatment, I could sue him for malpractice and get him deregistered.

But I can’t do that with an ulama. If I challenge him and his prescription to my complaints of injustice and ill-treatment, I could be accused of going against God, against Islam, against Syariah. I could even be declared an apostate, my name denounced in mosque sermons and have rabid-looking men gather after Friday prayers with placards demanding my detention under the ISA.

But my serious answer is this: When Islam is used as a source of law and public policy, then everyone has the right to talk about the subject. Public law, public policy must by necessity be opened to public debate, and pass the test of public reason.

If I am discriminated against, treated unjustly, fined, jailed, sentenced to death, or have my hands and feet cut off in the name of Islam, then of course I will speak out and protect my rights and my interests. Those who do not want anyone but the ulama to speak on Islam must realise that the only way to preserve the religion from public scrutiny is to take it out of the public sphere and keep it private between the believer and God.

But when you proclaim that Islam is a way of life, Islam is the solution, Islam has all the answers, you cannot then tell everyone who disagrees with you to shut up because only you will provide the answers. That is tantamount to totalitarian rule.

Women’s groups demanding for equality and justice in Islam are not questioning the religion as revealed by God, but questioning the decision by those in authority, be it religious, political, or social, who adopt a position that discriminates against women, and then proclaim that their position is the one true Islam.

This is so obviously not so. If there is only one true understanding of Islam, then why are there different schools of law and theology in the Islamic tradition? Why are there many different laws governing marriage, polygamy, divorce, custody, guardianship, inheritance, and financial rights in the Muslim world, sometimes even within one school of law, nay, even within one country?

In Malaysia alone, we have 14 separate jurisdictions governing Islamic matters, each state jealously guarding its power to interpret and legislate on these subjects.

In one renowned polygamy case, a man who was denied permission to marry a second wife by the Syariah Appeal Committee of Selangor, because he had not fulfilled all four conditions to justify his application, went to Terengganu to marry the woman because that state did not require him to fulfil any conditions under the law.

Was the Terengganu law less Islamic than the Selangor law? Was the Terengganu judge who granted permission going against God’s law, or the Selangor panel of three judges who refused permission?

Which is the right Islam? How is this to be decided? Is it really God’s law that we are talking about or the law of the state, constructed and enforced by human beings, marred by human imperfections?

In my talks, I sometimes share with the audience the story of Ali ibn Abi Talib, the fourth Rightly Guided Caliph. The Khawarij who were once Ali’s supporters rebelled against him when Ali decided to negotiate for peace with Mu’awiya who had waged civil war against Ali’s rule. The Khawarij believed that the Caliphate rightly belonged to Ali, the Prophet’s cousin and son-in-law. They claimed this was a God-given law and there was nothing to negotiate. Ali’s action was denounced as a violation of God’s will as Ali had accepted human judgment, instead of God’s law. They called Ali a traitor to God and eventually assassinated him.

While this story is usually cited as an example of Muslim fanaticism, a more instructive lesson is on the role of human agency in interpreting the divine word. In dealing with the rebellion among the Khawarij, it was reported that Ali called for a gathering and brought out a large copy of the Quran. He touched the Quran, commanding it to speak and inform the people of God’s law. There was only silence, for the Quran indeed did not speak, could not speak unless of course there was human intervention.

It is human beings who read God’s revealed message and interpret its meaning.

Thus the product of that human engagement with the divine text is not divine law, but human-constructed law.

Within the context of a democratic nation state such as Malaysia, can this process of law-making be the sole preserve of the ulama? Within the context of the changing realities of our lives today from the time the classical texts were written, shouldn’t the law-making process be conducted in democratic engagement, especially with those who are affected by these laws and policies?

Just as the classical jurists were guided by the social and political realities of their age when they interpreted the Quran and Sunnah, so should our modern-day religious and political authorities.

In the 21st century, there cannot be justice without equality. It is as simple as that.

The reason women’s voices are the loudest in the demands for change is because we no longer find it tolerable to live a life defined and controlled by others who do not live our realities. We could use the same logic as that used by the Islamists, by saying that men have no business telling us how we should live our lives because they have never experienced life as a woman.

But that is of course not a constructive approach in our search for solutions to the injustices and discrimination against women committed in the name of Islam. We want a respectful and productive engagement so that the justice, mercy and compassion of Islam become core values in our process of law-making and law-enforcement and in our daily lives.

Why is that so difficult to understand?

The Prophet on ‘tadbir’ and ‘tadabbur’

By Dr MOHD ZAIDI ISMAIL
IKIM

Government officers particularly should aspire and strive to reflect on their work or “governance” in respect of their actions and behaviour.

We have had four occasions before to expound the meaning of tadbir as the proper Arabic term for any act or process that may generally be referred to as administration, management, or governance (see IKIM Views of Oct 28 and Dec 23, 2008, and May 5 and May 26, 2009).

It has been made very clear in all of our foregoing discussions that tadbir, as well as its cognate term tadabbur, signifies, among other things, the mental act of probing into the consequence(s) of an affair so that a praiseworthy result may be worked out and thus obtained.

We have also mentioned earlier that tadbir is an extension and the embodiment of the freedom of choice in Islam, referred to as ikhtiyar (“ikhtiar” in romanised Malay), and ought to be based solely on what is good (khayr).

A man went to meet the Prophet Mohamed for a lasting piece of advice. The Prophet said to him, “If you happen to want something, reflect (tadabbar) then upon its consequence (‘aqibatahu); if its outcome is good (khayr), perform it. Otherwise, stop doing it” – as narrated by ‘Ubadah ibn al-Samit.

Such is the essential meaning of tadbir which renders ethics and morality inherent.

It is indeed expected of a person truly possessed of reason to base his acts on a close examination into the possible outcomes of his actions, carefully discriminating between good and bad, right and wrong, true and false, and then wholeheartedly choosing the good while avoiding the bad.

The act of trying to attain praiseworthy results by abstaining from what is blameworthy truly constitutes the practical side of tadbir which, as cited before, also means “the act of putting matters into effect in accordance with the knowledge of what will follow in the end.”

In addition, one’s act of abstaining from that which is prohibited and that which is evil is part and parcel of piety.

If a man perseveres in correct behaviour by abstaining from that which is forbidden, such a tendency will eventually be natural to him such that it becomes his habit or character – his second, or acquired, nature, as the scholars of ethics would say.

This, in truth, goes to the making of good character which commands respect and is what nobility really is.

In Sunan ibn Majah, an established collection of the Prophetic Traditions, the Prophet was reported to have declared:

“There is no equivalent of reason (‘aql) as purposive reflection (al-tadbir), no piety (wara‘) as abstinence (al-kaff), and no nobility (hasaba) like good character (husn al-khuluq).”

That he combines all those three elements – reason, piety and nobility – in a single saying is already good grounds for us to hold that purposive reflection, abstinence, and good character are mutually related, and each functions to shed more light on the others.

In fact, al-Ghazzali, the most eminent Muslim scholar of the 11th-12th century, in a special book dedicated to explicating knowledge and intellect in his famous Ihya’ ‘Ulum al-Din, considered human intelligence which has arrived at such a mental station, as being couched in the aforementioned Prophetic Tradition, to be one which has attained intellectual maturity.

It is therefore imperative that all those involved in the act or process of tadbir, particularly government officers referred to in Malay as pegawai tadbir or anggota pentadbiran, aspire and strive to reflect on the term essentially in their actions and behaviour.

Otherwise, they are simply not fit to be called pegawai tadbir.

Muslim whoever stays quiet saves himself

By SUZALIE MOHAMAD
IKIM

There is a hadith which states that “part of someone being a good Muslim is his leaving alone that which does not concern him”.

It is beneficial to avoid meddling into things or affairs that are of no concern to us. It is impossible for a person to entertain all things at once.

Prioritising matters according to their importance helps us manage our time and teaches patience.

Imam Ibn Al-Arabi, a Maliki jurist, said that “a person is not able to take care of all the necessary matters, why would he or she then get involved in unnecessary matters that are of no real concern”.

This indicates that the ability to prioritise matters of concern is recommended. We need only deal in matters that have real importance and leave the unnecessary behind.

Meanwhile, Imam Shafi’e once said: “If 100 scholars came to argue with me, I would immediately win against them; but if one ignorant person came against me, I would lose.

“The reason for this is that whatever evidence I give as proof, he would say ‘No, it is not true’. So how am I going to convince him?”

We should keep silent if certain affairs are not in our domain of concern.

We may ask ourselves, what are the things a true believer should be concerned with? Answers may vary, but in general we may summarise them as follows.

Firstly, fulfilling one’s obligations (wajib) prescribed by religion.

This includes avoiding things which are taboo according to our religious tradition.

Secondly, to perform as much as we can of the recommended or preferable acts (mandub) that will contribute to self wellbeing and that of society.

Thirdly, to avoid that which is forbidden (haram) and to avoid as much as we can of the makruh (those that are disliked) in order to avoid actions which are useless to us and may harm others.

Apart from specific concerns for individual obligations (fard-a’yn), community-wide collective obligations (fard-kifayah) must also not be neglected, and should also be matters of concern to us.

Everyone with his or her own profession and expertise has a role to contribute towards the betterment of the community.

Enjoining good and discouraging evil, and self accountability in all that we do are also matters of concern to us.

If these notions are continuously put into practice, we should have a peaceful society which puts moral and civic affairs as its highest achievement.

The main obstacles ... all of us are jealous of each other; all of us have pride.

Everyone is proud of what he knows, so he tries to make himself look like the one who knows everything as opposed to others.

Then there is no cooperation, and that is why we find separation.

If everyone were to come to each other, to help each other, then one will find more power. Two, three, four hands are better than one. Therefore, one’s ego must be controlled.

The act of suspicion in some cases is a sin, while backbiting is clearly a sin.

There is a specific verse in the Quran (al-

hujurat 19:12) that warns us not to spy on each other and not to speak evil of another behind his or her back.

The habit of backbiting damages friendships and creates animosity. Hence, it must be avoided.

It is important to note that listening to slander is as bad as the slander itself.

It is better to walk away from such individuals.

Slander violates Allah and humanity simultaneously.

Hence, it is necessary to ask for forgiveness from the victim first, since Allah will not forgive until the victim forgives.

When committing slander, a person does not think about how the other person would feel if he knew what was said about him; he does not think about how he would feel if the situation were reversed.

We enjoy slander but hate to be slandered. The Hadith which means “None of you truly believes until he loves for his brother what he loves for himself” is an important reminder to us with regard to the habit of slander, gossiping and backbiting.

To save oneself from this sin, one should act upon those Hadiths.

One Hadith states: “Whoever stays quiet saves himself.”

In another Hadith, the Prophet said: “The tongue is what will cause people to be flung face down into hell.”

Therefore, we must be very mindful of our thoughts and language before we speak because a wrong word can send us to hell.

Religion is supposed to teach good manners; how to be at peace, how to love creation; not to be proud of oneself but to be humble with all human beings.

It has become imperative for all religious believers to take a self-critical and introspective look at their traditions and systems of belief.

The main focus of such introspective and self-critical examination is to ask ourselves: Does the tradition, with its inherited system of beliefs and convictions, contribute to the commission of our weaknesses?

The public voice of Sisters in Islam

Some 20 years ago, several Muslim women took offence at the injustice to women being perpetrated in the then-new Islamic Family Law.

Together they founded Sisters in Islam(SIS), which today is a civil society organisation registered under the name SIS Forum Malaysia. The group’s mission is “to promote the development of Islam that upholds the principles of justice, equality, freedom and dignity within a democratic nation state”.

From the word go, SIS decided to take the bull by the horns, so to speak, and challenge the Islamic establishment on its own terms.

It chose consciously and conscientiously to work within the Islamic framework, knowing full well that a beneficent (rahman) and merciful (rahim) God could not but be just. It is this unshakeable faith in a loving God that spurred the group to begin its endeavour by returning to the primary sources of Islamic law, namely, the holy Qur’an, and the hadith or traditions of the Prophet Muhammad.

Led by theologian Dr Amina Wadud, who was then teaching at the International Islamic University in Kuala Lumpur, the eight founding members – all professional women – delved into the holy text and produced their first two seminal Q&A booklets, on gender equality and domestic violence in Islam.

The launch of these booklets in July 1991 was SIS’ formal introduction to the Malaysian public.

Today, the booklets, as well as other new titles, have been translated into several languages (from English and Bahasa Malaysia) and are used in organisations in many Muslim countries as a tool to raise gender awareness.

In August 1990, the group made its public position clear vis-a-vis Muslim women’s rights. In a letter to the editor published in four Malaysian dailies, it challenged the conservative understanding of polygamy as a God-given right to Muslim men. With this, Sisters in Islam established its name and created its public voice and persona.

SIS’ initial research into the texts – as well as new scholarship in the past 15 years that has unearthed a wealth of diversity within Muslim opinion – shows that a woman’s struggle to lead a life of equal worth and dignity to men is clearly located within Islamic teachings.

It has enabled the group to take the unequivocal position that men and women are equal in Islam; that a Muslim man does not have the right to beat his wife; that polygamy is not an inherent right in Islam but a contract permitted only in the most exceptional circumstances; that one male witness does not equal two female witnesses, and a great deal more.

Research has formed the basis of SIS’ arguments for reform of laws, policies, and statements made in the name of Islam that discriminate against women and violate the ethical teachings of Islam. It has also engaged directly with the government in advocacy work; SIS has submitted several memoranda to the government on issues such as Islamic Family Law, the Shari’ah Criminal Offences Act, moral policing and domestic violence.

That the group’s work has impacted positively in Malaysia is evident in the support from women senators and the public for its 2005/2006 campaign against the government’s amendments to the Islamic Family Laws, which would further discriminate against women.

The amendments included giving men more grounds to divorce their wives, greater freedom to enter into polygamous marriages, and more power to freeze their wives’ assets in order to claim a share of the matrimonial property following a polygamous marriage or divorce.

The success of SIS’s campaign forced the government to order a review of the proposed amendments.

The group involves itself directly with the public through its legal services and public education activities. Here women empower themselves by knowing their rights.

Currently, another undertaking is in the pipeline. Building on a pilot survey in 2005, SIS’ nationwide polygamy research aims to provide a deeper understanding of the way polygamy affects families.

Through questionnaire interviews of husbands, first wives, second wives, and children above 18 from the first or subsequent marriage, SIS hopes to draw out the details of social relationships between polygamous family members, their emotional well-being and financial situation, as well as the legal protection provided for by the authorities.

It is not surprising, therefore, that in just two decades, SIS’ influence has grown globally. While content to advocate for gender equality and justice domestically, an international presence means an ever widening target for the group.

Its radical approach to effect change through a religious framework has grabbed the attention of the outside world. This proved to be SIS’ main contribution to the empowerment of Muslim women and made for its credibility as a serious civil society actor and an agent of change.

The scope of SIS’ work grew further as it adopted the best practices of successful campaigns for reform of laws that discriminate against women carried out by women’s groups in Algeria, Morocco and Tunisia.

Working within a holistic framework that argues for reform from multiple perspectives, these groups put forward positive progressive practices and examples for reform.

Islamic arguments grounded in the realities of modern day life within a democratic background are powerful arguments to lobby for change. And thus a new stage emerges in the struggle for justice and equality as SIS expands its activism at regional and international levels.

In its push for an international movement for equality and justice in the family, which led to the launch of Musawah in February 2009, this group of women, still comparatively small at its core, seeks to share the new-found tools for change with Muslim sisters everywhere.

Today, two decades after its founding, SIS’ key role is to provide input in understanding Islam from a rights-based perspective, advocacy strategies and networking to local and international women’s movements.

It is at the forefront of an emerging women’s pressure group to push for both the reform of how we understand Islam, and to influence laws and policies enacted by Muslim governments or groups within minority Muslim communities.

MILESTONES OVER THE YEARS

·MUSAWAH, a global movement for equality and justice in the Muslim family, was initiated in 2007. Musawah is a product of years of research and advocacy as well as regional and international networking efforts on family law issues.

It is a pluralistic and inclusive movement which brings together NGOs, activists, scholars, practitioners, policy-makers and grassroots women and men from around the world who are committed to the promotion of rights within Muslim families, be it from a religious, secular or other perspectives.

In February this year, Musawah held a global meeting in Kuala Lumpur that drew 250 participants from 47 countries. Three publications were launched then – The Musawah Framework for Action; Wanted: Equality and Justice in the Muslim Family; and Home Truths: A Global Report on Equality in the Muslim Family (a set of 30 national profiles on legal systems, political systems and social customs related to family laws in Muslim countries and communities.

·International Workshop on Trends in Family Law Reform in Muslim Countries: Held in March 2006, its most important outcome is the proposal for an international advocacy movement for comprehensive reform of the Muslim Family Law within the framework of justice and equality.

·In 2003, SIS launched Telenisa, a helpline which offers free legal advice on Shari’ah laws and other issues faced by Muslim women. Telenisa deals with more than 600 cases every year on issues of maintenance, divorce, marriage, polygamy, custody, inheritance, violence against women, etc.

·In 2000, SIS started its training on Gender and Shari’ah (for beginners) and Gender, Human Rights and Shari’ah (advanced training). Since then, it has conducted training for grassroots women, Members of Parliament, human rights activists, lawyers, shari’ah consultants and practitioners, journalists, and government officials. Last year, it trained more than 1,000 grassroots women from 10 states, including Sabah and Sarawak, to raise their awareness on issues surrounding Islamic Family Law.

·International networking and consultation: SIS’ efforts to create the public space and voice for ordinary citizens to speak and engage with Islam, and challenge laws, policies and statements made in the name of Islam that discriminate against women and violate guarantees of fundamental liberties in the Constitution and international human rights principles, are a model for many Muslim countries.

·Q&A booklets on equality, domestic violence, family planning, polygamy and hadith on women in marriage. Originally published in English and Bahasa Malaysia, the Equality and Domestic Violence booklets have been translated into Urdu, Bengali, Mandarin, Arabic, Farsi, Pashtu, Hindi, Tamil, Russian and Kyrgyz and are used as training material. These booklets and other titles are on the reading lists of some universities where gender and Islam courses are taught.

- THE STAR