Abstract
The paper examines whether human rights concepts are
applicable to Islam or not. It provides a comparative study
of the popular perceptions of Islam versus the West, and
argues that with a correct understanding of the Koran and
Islamic teachings it is possible to defend human rights
concepts from inside the Islamic texts. It also argues that
most Western views of Islam are due to insufficient
understanding of Islam and often based on political
considerations, rather than on what Islam stands for. The
long history of Islam's peaceful coexistence and interaction
with other cultures and civilisations proves that the theory
of a 'clash of civilisations' is wrong, and it is possible
to establish real dialogue and understanding with Muslims.
War is the greatest scourge of our time. In many ways,
the twentieth century was the worst century in human history
in terms of people who were killed as the result of local,
regional and international wars, most of them fought in the
name of good causes, such as freedom, democracy, socialism,
etc. Yet it was the age of mass killing on an unprecedented
scale. It was the century of technological barbarism and
mechanised butchery. It is estimated that between 150-170
million people were slaughtered in various wars during that
century.
A great American peace activist, Phil Berrigan, who spent
11 of his 79 years in prison for his non-violent protests
against war, ended his review of Sr. Rosalie Bertell's book,
Planet Earth: The Latest Weapon of War, with these
words:
"The military as an instrument of mass killing is a
waste institution - humans, energy, oil, metals,
scientific and technical skills, money - it consumes all
and restores nothing to the resources of the planet. Any
faithful or sane scrutiny would conclude that it must be
dismantled. It kills, threatens and wastes - it is the BIG
LIE institutionalized. Its veneer and untouchability gives
new meaning to the demonic. Is anybody out there
listening?"1
At a time when a number of neocons are once again
inciting war and violence, this time against Iran, on
equally dubious grounds that led to the invasion of Iraq,
the time has come for all the people of goodwill to raise
their voices louder against this insane venture. Ever since
the fall of the Soviet Union, some people who are not able
to live without a real or imaginable enemy have put forward
the dangerous philosophy of a clash of civilisations. The
whole history of 800 years of coexistence between Islam and
Hinduism and Buddhism in India; the coexistence of Muslims,
Christians and Jews in Spain; the coexistence of Muslims and
followers of other faiths in Iran, Turkey, Egypt, etc show
that it is possible for the people from different religions
or civilisations to live peacefully together.
Since the dreadful events of 9/11 this drive to divide
the world between 'those who are with us' and 'those who are
against us' has intensified and has produced many
unfortunate consequences. The world has been divided as
never before and a climate of fear and suspicion has
enveloped the world. If those who wish to prevent the
realisation of that nightmare do not oppose that pernicious
philosophy, it may become a self-fulfilled prophecy with all
that it might entail.
While up to less than two decades ago there was a serious
clash between the West and the communist bloc, since the
collapse of the Soviet Union Islam or Islamic fundamentalism
has been portrayed as the enemy that has to be defeated.
This is the undeclared focus of the 'war on terror', not
realising that terror is a tactic not an enemy. Although
communism posed a deadly threat to the West, it was an
economic or at best a political ideology, without deep roots
in people's souls and consciousness. Islam, like
Christianity, Hinduism or Buddhism is a religion that has
profound roots in the consciousness of hundreds of millions
of adherents. Unlike secular ideologies, religions tend to
get stronger as the result of persecution. The best way to
deal with religious fundamentalism is not to wage a war
against it, but to remove or moderate its influence through
rational arguments, preferably borrowed from the same
religious discourse from which they emerge. This is what
happened in the West during the Reformation and the Age of
Enlightenment, and this is what needs to be done in Islam,
by Muslims themselves.
The concepts of democracy and human rights are said to
constitute part of the Western crusade against the so-called
'Islamo-fascism'. It is argued that these concepts are
incompatible with Islam and, therefore, logically it follows
that their success requires the defeat or the elimination of
Islam. Not only is such an argument dangerous and
provocative, it is essentially wrong. In this paper I intend
to discuss some Islamic concepts that provide a fertile
ground for the development of human rights among Muslims.
In order to discuss the universal definition of human
rights, it may be useful to start by saying that like
terrorism, the definition of human rights is not as easy as
it looks. After the terrible events of 9/11, the United
Nations spent a lot of time trying to figure out what
terrorism is and they didn't reach any conclusion. Then
there was a meeting of the Islamic countries and they tried
to come to an agreement, and they didn't come up with
anything. It cannot be easily defined, because one country’s
terrorist is another country’s freedom fighter. Look at
Israel. Both the Israelis and the Palestinians describe the
activities of the other side as terrorism. Hopefully, the
situation may be a little easier in the case of human
rights.
In describing the relationship between Islam and the
West, let me start with what are the popular perceptions of
Islam in the West, and by that I do not mean among the
readers of tabloids but among the educated and on the whole
tolerant people. In recent years, I have been teaching an
online course on Islam and the West for the universities of
Oxford, Yale and Stanford. In one of the sessions of the
course, I asked the students to list what they see as
differences between Islam and the West. One of the students
provided the following list, which may act as a good basis
for appreciating Western views about Islam. Here I quote the
entire list as was written by my student:
1. Islam is Theocratic, the West is Secular.
2. Islam wants religion to have a major role in
governance and in society, whereas the West wants it
excluded.
3. Islam wants to dominate the world, the West believes
in coexistence.
4. Islam encourages war in defence of the Islamic Faith
(the so-called ‘lesser Jihad’); the West encourages a ‘live
and let live’ approach to matters of faith [Clearly there
have been no religious wars in the West].
5. Morality is absolute in Islam; it is often situational
and relative in the West.
6. Islam is idealistic; the West is pragmatic. (In the
West, if it works, do it; in Islam, if the Koran permits it,
do it).
7. Islam cherishes the rule of God as made known in the
Koran; the West cherishes the rule of man by the exercise of
his reason, and changes the rule as and when reason
dictates.
8. Islam is Puritanical, the West is Hedonistic. ("If it
feels good, do it" in the West, versus "If it feels good,
don’t do it" in Islam).
9. In Islam ‘Progress’ is a return to a Golden Age (the
time of the Prophet). In the West ‘Progress’ is out there
somewhere in the unknown future to be achieved with the
advancement of science.
10. Islam honours tradition, the West honours innovation.
11. Islam honours the community; the West honours the
individual.
12. Islamic economics rejects the paying and collecting
of interest. In the West interest is one of the two pillars
that finance economic development. Think bonds, mortgages,
deficit financing, and bank loans. (The other pillar in the
West is equity participation in financial ventures, which is
also permitted in Islam.)
13. The family structure in Islam is extended and
patriarchal; in the West it is nuclear and parental.
I have quoted the above list in full because it provides
a good example of public perceptions in the West about the
differences that separates Islam from the West. These ideas
are deeply ingrained, and it is not possible to dispel them
easily. What surprised me, however, was not the list itself.
I would have expected such a list from a secular Western
observer who is indifferent or even hostile to religion as a
whole and Islam in particular. What surprised me was that it
was prepared by an ordained clergyman who, one can assume,
is religious and makes a distinction between secular or even
hedonistic aspects of contemporary Western culture, and its
Christian roots that still permeate the society and provide
it with its spiritual and moral underpinnings.
From the above list, one can see that the student is not
comparing Islam with the 'West', but is providing a list of
differences between a religious and a materialistic or
secular point of view. If we look at the list and simply
replace the word Islam with Christianity, we will see that
nearly all the differences are still valid. Like Islam,
Christianity is theocratic, not secular; it believes that
religion must play a major role in one's life; it believes
that morality is absolute and its rules are laid out in the
Bible; it is idealistic, not pragmatic; it believes in
divine law rather than human law; it honours tradition,
supports family life, cherishes community and is not
hedonistic. Christ preaches that his kingdom is not of this
world, and prepared his followers for admission to the
Kingdom of God. As for wishing to dominate the world,
neither Christianity nor Islam wants to dominate the world,
although both of them would like to teach their faith to the
whole world. So, people seem to be confusing religious
versus secular worldviews with Islam versus the West. They
are juxtaposing Islam, a diverse and varied religion with
followers spread from Indonesia to Tunisia, with the West,
which is a geographical or cultural or political concept.
In the same way, that it was possible for Christians to
move towards the establishment of democracy and the
institutionalisation of human rights, there is no reason why
the same cannot take place among Muslims. The approaches to
the application of human rights to the Middle East and other
developing countries are threefold: The first approach was
that of the colonialist period that saw the Western way of
life as intrinsically superior and universal and looked down
upon all other cultures and civilisations. It believed in
the necessity of civilising the natives, i.e. forcing them
to wear Western dress and follow a Western way of life, to
adopt Western laws and to relinquish their own religious
beliefs.
The second approach was exclusively selective and non-universalist.
It was concerned with the fate of Christians and citizens of
Christian states in the Muslim world, as was the case in
Lebanon where the Christian minority was given power over
the Muslim majority. This approach has now been extended to
the support of the Jewish state, where the activities of the
Israeli forces and the killing and maiming of thousands of
Palestinians and the destruction of homes and orchards are
often described as acts of self-defence, while any form of
Palestinian resistance is described as terrorism. Israel has
become part of the West and its ideology is part of the
'Judeo-Christian' civilisation, while Islam which is also a
continuation of Judaism and Christianity and furthermore
accepts and reveres the mission of Christ is regarded to be
outside that exclusive club.
The third approach that has been given the clumsy term
"hegemonic abstentionism" basically tries to limit the
application of universal concepts of human rights, sometimes
with good motives. Numerous other terms are used to describe
this approach, namely communitarian, relativist,
tradition-based, post-modernist, realist, etc.2 According to
this approach, concepts of democracy and human rights are
limited and applicable entirely or to a large measure to the
West, while other societies must live by different set of
rules that suits them best. This approach suits those in the
West who wish to downplay the issue of human rights,
democracy and justice in the Middle East. It also suits the
Middle East despots who, in the name of regional
authenticity or Islam or whatever else, violate norms of
human rights. The fundamentalists in some Islamic countries
use this tactic in order to fend off the criticism of their
denial of human rights to their citizens or those who are
under their occupation, by claiming that their behaviour is
sanctioned by Islam.
When the Iranian President Mohammad Khatami started his
presidential campaign in 1997, he introduced a number of
very interesting slogans. Two of the most important slogans
of Khatami were civil society and the rule of law. Of
course, these terms do not evoke a great deal of interest or
controversy in the West, but in a conservative Islamic
society such as that of Iran under the mullahs the slogans
were revolutionary, especially as the Persian terms signify
a meaning that is not conveyed by their English
translations. Jame’e-ye madani (civil society) stands
opposed to jame’e-ye dini (religious society), and
hokumat-e qanun (the rule of law) stands opposed to the
rule of the Shari’a or religious law. In the same way, at
the beginning of the 20th century when some
people were calling for a constitutional government (hokumat-e
mashruteh), the leading clerics of the time, Sheykh
Fadlollah Nuri, called for "hokumat-e mashru’eh" or a
government based on the Shari’a.
These words made alarm bells ring among the conservative
clergy. Therefore, shortly after becoming president, Khatami
decided to soften the blow by saying that he advocated an
"Islamic civil society" (which actually sounded like a
contradiction in terms in Persian, the same as Islamic
democracy. There is no Islamic, Jewish, Hindu or Christian
democracy. Democracy is democracy, period). In a speech he
gave to the Islamic Conference Organisation in Tehran, in
which more than 50 heads of Islamic countries were
assembled, Khatami said:
"The kind of civil society that we wish to establish
and develop in our country, and which we also recommend to
other Islamic countries, is qualitatively different in its
historical origins and its fundamentals from the kind of
civil society which is based upon Greek philosophy and
Roman political legacy. The two, however, are not
necessarily in conflict and contradiction in all their
manifestations and consequences. This is exactly why we
should never be oblivious to judicious acquisition of the
positive accomplishments of Western civil society. From a
historical point of view, the Western civil society is
derived from the Greek city states and its theoretical
foundations are based on the Roman [and European]
political system; while the civil society which we have in
mind, is ideologically rooted in the Koran and
historically based on the City of the Prophet."
3
When Muslim philosophers refer to Madinat al-Nabi,
or the "City of the Prophet", by that they do not mean only
what was going on in Medina at the time of the Prophet; but
as the Prophet also acted as the head of the state, Muslims
believe that his government there represented the most
perfect form of government and acted as a model for
subsequent governments. The main difference between Prophet
Muhammad and Jesus and Moses and other prophets is that
while those prophets were only spiritual leaders and not the
head of the state, Muhammad managed to form a government in
Medina and later in the whole of Arabia. Therefore, the
concept of the City of the Prophet also conveys a
philosophical idea; namely a city modelled on the one
established by Muhammad in Medina.
Shortly after this speech by Khatami, a leading religious
cleric in Iran, Hojjat ol-Eslam Sadeq Larijani, wrote an
article in an Iranian magazine, pointing out the logical
incoherence in Khatami’s statement.4 He pointed out that
"civil society" has an accepted, historical meaning. He
asked why one should use that term if one has a different
meaning in mind and when one is only referring to the City
of the Prophet. He wrote: "If we are trying to establish a
society which is inspired by the City of the Prophet and the
values that govern that concept, namely Islamic values and
culture, is it not more appropriate to speak of ‘Islamic
society’, so that we can avoid unnecessary confusion of
terms with their different philosophical connotations?"
He then questions the value systems that are implied in
that term. In Western usage, the term civil society refers
to a different value system from the one that is behind the
concept of the City of the Prophet. He continues with
firstly providing a brief account of the historical
development of the term. Secondly, he defines the concept of
civil society as it is understood in the West, which is a
society based on a form of contractual definition provided
by the people and is free from religious restrictions.
Thirdly, he discusses the principles of an Islamic society
or the City of the Prophet. He speaks of the close
relationship between civil society and Western liberal
democracy.
He points out that the powers of the government are
purely "borrowed" rights, derived from the people, and the
government represents the wishes of the people. "The role of
the government is to allow the individuals to enjoy the
greatest freedom, so that they can pursue their rights and
interests in the way that they see fit. The role of the
government is not to impose its own values, goals and
principles upon the citizens, and it should in no way
interfere in such issues… The role of the government is to
provide a suitable environment that would allow the
individuals to make their own choices in the society." As
John Locke said: "Where law ends dictatorship begins."
Larijani goes on to say: "There is no doubt that the
existence of laws, the rule of law, the equality of
individuals before the law, and the just implementation of
the law are among the principles that are supported by an
Islamic society and in any other society that wishes to live
in a rational and reasonable way." However, he points out
that laws have a different meaning in civil societies and in
Islamic societies. In Western civil societies the government
is neutral and must implement the laws promulgated by the
legislature. The task of the government is only to provide
and ensure individual freedom. In other words, civil society
and liberalism are like twins. This is a thinking that is
not in keeping with Islamic laws, according to him.
The Islamic society is not based on the laws made by men,
but on the general principles set out in the Koran. Sadeq
Larijani wrote: "We support a society which is based on the
spirit of Islam and religious faith, in which Islamic and
religious values are propagated, in which every Koranic
injunction and the teachings of the Prophet of Islam and the
Imams are implemented. It will be a society in which the
feeling of servitude to God Almighty will be manifest
everywhere, and in which people will not demand their rights
from God but are conscious of their obligations to God." In
other words, it has less to do with individual rights, than
with religious obligations. It looks for a political
environment that allows the people to perform their
religious obligations. It is less interested in individual
freedom and more concerned with social responsibilities.
He criticises the views of people, such as Abdol-Karim
Soroush, who say that there is no such thing as an Islamic
society or an Islamic civilisation, but the society of
Muslims or the civilisation created by Muslims. Soroush
maintained that Muslim radicals were trying to use Islam as
an ideology, while Islam is a spiritual and individual way
of life.
This debate is not limited to Iran, but is the common
preoccupation of many Muslims or Islamists throughout the
Islamic world. Sa'id Hawwa, a Syrian theologian, wrote:
"Democracy is a Greek term, which signifies sovereignty of
the people, the people being the source of legitimacy; it is
the people who legislate and rule. As for the shura,
it denotes consultation [by the ruler] with a person or
persons with regard to the interpretation of a certain point
of Islamic law. In Islam the people do not govern themselves
by laws they make on their own, as in a democracy; rather,
the people are "governed by a regime and a set of laws
imposed by God, which they cannot change or modify in any
case." The concept of majority rule is rejected by Islam
"because Islam would not concur that the majority is
sovereign, whatever its mistakes and errors."
Across the border in Tripoli, Dannawi summed it all up in
a simple formula: "The state in Islam obeys Divine Law, not
the people; liberating the state from subservience to human
passions, whims and fancies... be they of the majority or
the minority."
This kind of thinking is not limited to Islam. Many
Christian and Jewish fundamentalists and indeed the members
of the Moral Majority in the United States say the same
thing. Those who attack abortion clinics in the United
States and kill or injure the doctors who are carrying out
abortions do so because they believe that the law of God
supersedes the laws made by men.
Is there a way of bridging the gap between these two
points of view? I believe one answer to this anxiety felt
both by sincere Muslims and Christians is to point out that
modern concepts of democracy and human rights have
themselves evolved out of a religious context. In a
broad-ranging book, The Secularization of the European
Mind in the Nineteenth Century, Professor Owen
Chadwick argues convincingly that the concepts of democracy
and human rights and the separation between religion and
state developed out of religious debates in Europe and
America.5 They were born out of a desire to put an end to the
conflict among various denominations and to provide an
environment in which different sects could hold on to their
own principles and follow their own religious injunctions.
I would go a step further and argue that, in fact,
religious concepts that regard man as being created in the
image of God according to Christianity, or as the vicegerent
of God on earth according to the Koran, provide the proper
underpinning for human rights. If we regard human beings as
mere flesh and blood, as economic consumers or as animals in
a human zoo, we would have fewer qualms about suppressing
their rights than if we believe that human beings have an
intrinsic value in themselves, that they are masters of
their own fate, that they are the children of God and that
they are related to us as members of a universal human
family.
The third way of bridging this gap, and arguing
particularly from an Islamic point of view, is to show that
the Koran itself is not hostile to human rights. The Koran
contains a variety of law-making provisions and legal
injunctions interspersed throughout its chapters (suras)
and verses (ayat). A number of rules exist for
interpreting these provisions, such as the position of a
given ayah within the context of the sura,
which in turn is interpreted in accordance with its place in
the sequence of revelation, its reference to other
revelations, and its historical context in relation to
particular conditions which existed at the time of the given
revelation.
These and other rules are known as the science of
interpretation (ilm usul aI-fiqh). According to these
rules, for example, one initially is to refer to a specific
provision and then to a general provision dealing with a
particular situation. In other words, religious injunctions
must be placed in their historic context, and must be
interpreted in such a way that they do not contradict the
more general universal concepts. If one verse that refers to
a particular event contradicts the more general and
universal principles expressed in other verses, the
universal principle must be adopted as it overrules the
verse that referred to a particular event in the past.
Reasoning by analogy (qiyas) is permitted, except
where expressly prohibited. Simplicity and clear language
are always preferred. Similarly, the clear spirit of certain
prescriptions cannot be altered by inconsistent
interpretations. A policy-oriented interpretation within the
confines of the rules of jurisprudence is permissible and
even recommended, as is the case with the doctrine of
ijtihad (progressive reasoning by analogy).
Most Muslim scholars do not consider Islam to be an
evolving religion, but rather a religion and legal system,
which applies to all times. It is, therefore, the
application that is susceptible to evolution. Indeed, the
provisions of the Koran are such that by their disciplined
interpretation, with the aid of the Hadith and
Sunna and other sources of interpretation, Islam can be
interpreted in such a way that it can provide the solution
to contemporary social problems.
There are numerous verses in the Koran that tell the
believers not to oppose or molest the followers of other
faiths. For instance, The Koran preaches that there should
be no forceful conversion. The believers are told to only
discuss their faith with others in the kindliest manner:
"Summon men to the way of the Lord with wisdom and kindly
warning. Debate with them in the kindliest manner." (Koran
xvi, 126). God admonishes the believers not to force others
to join their faith: "Wilt thou force men to become
believers?" (Koran, x, 10). There is this clear injunction
in the Koran: "Let there be no compulsion in religion"
(Koran ii, 257). The way the sentence has been formulated in
Arabic has led many Muslim theologians to say that not only
there should be no compulsion in religion, but by its nature
religion is not susceptible to compulsion. Due to the nature
of faith that is a matter of personal conversion and the
relationship between man and God, there simply cannot be any
compulsion in religion. Otherwise, conversion and faith mean
nothing. Faith must be voluntary, or it is meaningless. It
is a personal and fateful act and not a communal venture.
Even the Prophet himself is ordered to desist from
forcing other people to follow his teachings: "It is not for
a Prophet to be fraudulent and put people in chains: for he
who puts others in chains shall bring the fruit of
enslavement upon himself on the Day of Judgement." (Koran,
III, 161). This is a very important statement that teaches
that anyone who tries to enslave other people’s minds and
souls will enslave himself and will bring the fruit of
enslavement upon himself on the Day of Judgement.
Many early believers wanted Muhammad to force the Arabs
to become Muslims, but he is told by God: "We are best aware
of what they say, but thou (O Muhammad) art in no wise a
compeller over them. But warn by the Koran him who feareth
My warning." (Koran, 50: 45). Therefore, the Prophet’s job,
as it is stressed elsewhere in the Koran, is merely to warn
and to call the people towards God, but not to coerce them
to follow it. Faith and guidance ultimately comes from God:
"Say: The truth is from your Lord; then whosoever will, let
him believe; and whosoever will, let him disbelieve."
(Koran, 18: 28)
Muhammad was unhappy that some of his close relatives,
including his favourite uncle, had not become Muslims, but
he was told in another verse: "And if thy Lord had willed,
whoever is on the earth would have believed, all of them,
altogether. Wouldst thou then compel the people, until they
are believers?" (Koran, 10:98). Again: "Say: O mankind! Now
hath the truth from your Lord come unto you. So whosoever is
guided, is guided only for his own soul, and whosoever
erreth, erreth only against his soul. And I am not a warder
over you." (Koran, 10: 107)
There are many references in the Koran, telling Muhammad
that he is not people’s guardian, that he has no authority
over them, and that he should not force the people to
believe. Therefore, if the Prophet himself has no authority
over others, and if his job is merely to warn and preach the
word of God, clearly none of his followers can claim to have
greater authority than him. They should not force those who
are not members of the Islamic community to become Muslims
or to be oppressed, and they should not force members of the
Muslim community to do what the clerics or authorities tell
them to do. People are responsible for their own action and
must be given freedom to make their own choice freely.
As far as jihad or the war against the
non-believers is concerned, the most important Koranic verse
that defines the limits and conditions for jihad is
the following: "Fight in the way of God against those who
attack you, but begin not hostilities. Verily god loveth not
the aggressors… And if they [the enemies] incline towards
peace, incline thou also to it, and trust in God." (Koran,
2: 189). According to many Muslim theologians, this verse
means that the only form of war permitted by Islam is a
defensive war. They regard this verse as providing the
parameters of a "just war". Muslims are told to "fight in
the way of God", in other words not for any personal or
aggressive intention, but merely for the sake of God,
"against those who attack you", but they are emphatically
warned "but begin not hostilities". Therefore, there is
absolutely no suggestion that Muslims should go and
eliminate the people in the "House of War".
There is another Koranic verse that allows the Muslims to
fight against those who drove them out of their houses, and
to pursue them until there is no persecution. The Koran
says: "And kill them whenever you find them, and drive them
out from whence they drove you out, for persecution is worse
than slaughter… And if they desist, then lo! God is
Forgiving, Merciful. And fight them until persecution is no
more, and religion is for God; but if they desist, then
there should be no hostility except against oppressors"
(Koran, 2:190-193). All Koranic commentators have said that
this verse refers to the attacks that were launched by
Meccans against Muhammad’s followers, and is not a blanket
authority for waging war. That verse too only allows a
defensive war against those who had attacked the Muslims,
but even here it says, "but if they desist, then there
should be no hostility except against oppressors."
Therefore, there is absolutely no authority anywhere in
the Koran or in Islamic jurisprudence for attacking the
people in the "House of War". There is a long tradition of
treaties and agreements going back to the time of the
Prophet that allows other people to live in peace, so long
as they do not attack Islamic communities. Those territories
were said to belong to the House of Peace, or House of
Security, as opposed to those who lived in the House of War,
namely those who were engaged in a war against Muslims. When
Muslims conquered Iran, Egypt and parts of the Byzantine
Empire, at the beginning there was a certain amount of
violence, but there was no attempt for the forced conversion
of the conquered nations. The bulk of the Iranian population
did not become Muslims until about two hundred years after
the initial conquest. Large Christian and Jewish communities
also survived in Egypt and other Islamic lands.
In fact, as non-Muslims who lived in an Islamic country
had to pay a higher rate of tax because they did not
contribute to the military, very early in Islamic history
some greedy rulers discouraged people from joining Islam in
order to increase their own tax revenue. This was the case
in Iran and Iraq under Hajjaj bin Yusef who was the governor
of Mesopotamia in the first century of the Islamic calendar
who sent orders to his local officials telling them to stop
converting the people to Islam.
The situation with Islam is the same as we find with
other traditions. What is the Bible's position on war and
violence? For some, the Bible authorised the Crusades, the
Inquisition, slavery, the extermination of the American
Indians, the killings of the Ku Klux Klan, the atrocity in
Oklahoma City, and most recently, the organised genocide
against Bosnian Muslims. For others, the Bible has motivated
and sustained movements of non-violence, the anti-slavery
movement, efforts to support Bosnian Muslims and others in
the face of genocide, the nurturing of movements of
democracy and social justice, and lifetimes of sacrifice in
the service to other human beings.
Many reformist Muslims have started interpreting Islamic
texts with the help of Hermeneutics. A great Iranian
reformer, Ayatollah Mohammad Mojtahed Shabestari has written
many volumes about the need to interpret the Koranic verse
in a way that they can be applicable to the present age.
Shabestari maintains that Islam has three main categories of
teachings. They are: Spiritual and devotional [Ibadat];
issues dealing with social matters, including politics,
economics, various forms of transactions between people [Mu’amilat];
and finally religious injunctions [Ahkam], including
hudud (religious punishments) and qisas
(retribution), based on the Shari’a or Islamic law.
He maintains that the spiritual elements of Islam – like
those of other faiths – are eternal and unchangeable and can
provide Muslims with guidance and spirituality today. Some
of the teachings belonging to the second category, namely
social teachings, and can be adapted to present
circumstances through ijtihad (independent
interpretation of the law). As far as the third category,
namely ahkam, hudud, qisas, etc are
concerned, their time is passed, in the same way that the
laws dealing with slavery are no longer operative because
the time for slavery has come to an end. In the modern
world, Muslims must formulate new laws on the basis of
modern requirements.
6
He says that when he asks his friends why they do not
refer any more to the Koranic teachings regarding slavery,
they say that the time for that has been passed. He then
asks them why they cannot see that the time for harsh
Islamic punishments, flogging those who drink, killing the
adulterer and the adulteress, chopping off hands, unequal
treatment of women, etc has also passed.
If we wish to create a more harmonious world, we must
seek ways of reducing differences and hostility. Instead of
dwelling upon differences, we must stress similarities.
Instead of giving the most negative and limited
interpretation to any Koranic or Biblical text, we must look
for the most enlightened and the broadest interpretation.
There is no disagreement among different religions that a
good society, a well-governed society, is one in which
people feel that they have equal chances to find fulfilment
and where there is a sense of justice. How do we achieve
that in the world? I believe that the idea of human rights,
the rights of individuals, can be achieved through dialogue
and collaboration among nations, rather than as the result
of recrimination and point scoring. I must add that this is
a difficult task to perform, especially in the light of the
clash among various cultures and civilisations that we are
witnessing today.
The way to begin is by supporting institutions like the
International Criminal Court. Religious and secular leaders
and scholars must lay down the principles and concepts that
are acceptable and those that are not. We need to encourage
the United Nations to begin to develop regional courts of
human rights to try those who violate the principles of the
Human Rights Charter. Step by step, we'll get closer to a
Supreme Court of human rights within the context of the
United Nations. It is very shortsighted for the US –
alongside Somalia and a few other undemocratic nations - to
refuse to join that court. In the light of the terrorist
attacks, now we need such international institutions more
than ever.
What we can also do as individuals and organisations is
to encourage dialogue among people and civilisations.
Instead of spending hundreds of billions of dollars on
weapons of war, we can achieve much greater harmony in the
world by spending a fraction of that on bringing the people
from various countries together and encouraging dialogue
between them. Of course, dialogue is much more difficult in
practice than it sounds. It requires listening, as well as
talking. It requires a feeling of genuine respect for the
views of others and a desire to learn. At the moment, due to
its technological, military, economic and intellectual
pre-eminence, the West is more interested in lecturing
others and telling them what to do, instead of engaging in a
real two-way dialogue.
Andre Gide said once that the individual was the most
irreplaceable of beings. A moment's thought indicates how
true this is. Individuals are irreplaceable. All religions
also stress the uniqueness and the sanctity of human beings.
Therefore, their rights are absolutely vital and extremely
precious, and their rights must be preserved. We must insist
that human rights are universal and we must apply them
without discrimination, both in the West and in the rest of
the world.