Prisoner 650

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Prisoner 650

In the Name of Allâh, the Most Beneficent, the Most Merciful

A Pakistani Muslim woman had been held in the notorious Bagram Prison in Afghanistan for years and now her current whereabouts unknown. Have you heard about her? Most likely not. A Muslim woman is lingering in such a torturous jail and no alarms have gone off in her country or in any part of the Muslim world. How low have we, as an Ummah, stooped to not only allow such a thing to happen, but to be so oblivious about it?

Not much is known about her. Why is she there? What crime has she committed? She is a ghost prisoner. If not for eyewitnesses, such as the former Guantanamo Bay prisoner Moazzam Begg and interest raised about her case by journalist Yvonne Ridley, we wouldn’t have heard anything about her.

When some Jews dared to uncover a Muslim woman, it didn’t take long for the banners of the Muslim armies led by the Messenger himself to hover around their fortresses. They where defeated by the Muslim forces, and the entire Jewish Community, (not just the perpetrators) where driven out from Madina — all of them, down to the last man. This is how serious such a matter is.

Centuries later, a Muslim woman was taken prisoner by the Roman Army and called for help from the Abassid Khalifah of the time, al Mu’tasim. He immediately ordered a mobilization of forces and led those forces himself in an attack of Roman territory in response to the call of a single Muslim woman. The response to her plea from the Muslims of that time was the complete severance of diplomatic relations, and Declaration of War against the superpower of the time.

But today, no one knows or even seems to care about this woman who has disappeared into US custody for years.

The Messenger of Allah, as narrated in Sahih al Bukhari, said: “Release the prisoner.” It is a clear and direct order to Muslims until the end of time. The Scholars of Islam state that if a Muslim in the East is taken prisoner, it becomes mandatory on the Muslims of the West to seek his release, even if that would lead to them expending all of their wealth.

In addition to this sister being a prisoner, she is also a woman. Islam gives special protection for women and children, and the honor of the Muslim Ummah is in their protection of their women. The first ayah that allowed fighting in the path of Allah justified it for the defense of women, children, and the weak.

Allah says: And why should ye not fight in the cause of Allah and of those who, being weak, are ill-treated (and oppressed)?- Men, women, and children, whose cry is: “Our Lord! Rescue us from this town, whose people are oppressors; and raise for us from thee one who will protect; and raise for us from thee one who will help!” (al Nisa 75)

I pray to Allah to release our sister and all our brothers and sisters from the prisons of the tyrants.

Courtesy of Anwar al Awlaki . Com

On Terror

On Terror

To the Editor:

Samantha Power has done extraordinary work in chronicling the genocides of our time, and in exposing how the Western powers were complicit by their inaction.

However, in her review of four books on terrorism, especially Talal Asad’s “On Suicide Bombing” (July 29), she claims a moral distinction between “inadvertent” killing of civilians in bombings and “deliberate” targeting of civilians in suicide attacks. Her position is not only illogical, but (against her intention, I believe) makes it easier to justify such bombings.

She believes that “there is a moral difference between setting out to destroy as many civilians as possible and killing civilians unintentionally and reluctantly in pursuit of a military objective.” Of course, there’s a difference, but is there a “moral” difference? That is, can you say one action is more reprehensible than the other?

In countless news briefings, Donald Rumsfeld and Dick Cheney, responding to reporters’ questions about civilian deaths in bombing, would say those deaths were “unintentional” or “inadvertent” or “accidental,” as if that disposed of the problem. In the Vietnam War, the massive deaths of civilians by bombing were justified in the same way by Lyndon Johnson, Hubert Humphrey, Richard Nixon and various generals.

These words are misleading because they assume an action is either “deliberate” or “unintentional.” There is something in between, for which the word is “inevitable.” If you engage in an action, like aerial bombing, in which you cannot possibly distinguish between combatants and civilians (as a former Air Force bombardier, I will attest to that), the deaths of civilians are inevitable, even if not “intentional.” Does that difference exonerate you morally?

The terrorism of the suicide bomber and the terrorism of aerial bombardment are indeed morally equivalent. To say otherwise (as either side might) is to give one moral superiority over the other, and thus serve to perpetuate the horrors of our time.

Howard Zinn

Documentary Review 1: “The Man Who Walked Across the World- Magicians and Mystics”

Introduction

I have this documentary fetish. I joined a group on Facebook called; I watch the history channel like its porn. True statement. So, one of the recent documentaries that I watched, and felt that it was worth mentioning in a review is “The Man Who Walked Across the World- Magicians and Mystics”. The documentary follows an Arabist, Tim Mackintosh-Smith, who retraces the steps of the 14th Century Muslim traveler, Ibn Batuta. I am not a huge fan of Ibn Batuta, nonetheless, his travels always intrigued me.

A Disclaimer: This is my first post of the like, so bare with me…

Biography of Ibn Batuta

His name was Abu Abdullah Muhammad Ibn ِAbdullah Al Lawati Al Tanji Ibn Battuta. He was born in February of 1304 and died about 60 to 70 years later. Ibn Batuta was a Moroccan Berber and a jurisprudent in the Madhab of Imam Malik (RH). Although he was a scholar in his own, he is primarily known in the Muslim world and the Western world for his travels. He traveled across much of the Muslim world as well as outside of it. Ibn Batuta visited North Africa, West Africa, Southern Europe and Eastern Europe in the West, to the Middle East, Indian subcontinent, Central Asia, Southeast Asia and China. And for the intents and purposes of this blog entry, that is all we will have to know about our sometimes-friend, Ibn Batuta.

Brief Synopsis of the Documentary

The narrator of this documentary is Tim Mackintosh-Smith. He is an Arabist and has lived in the Muslim world for half of his life. The documentary begins in Turkey, the homeland of Rumi. This is where, according to Mackintosh-Smith, Ibn Batuta’s journey began. The documentary continues with the narrator spending an evening with Sufis of the Mevlevi order. The gathering, technically illegal in Turkey now, consisted of dancing, music, food and statements of Rumi’s history and philosophy. Mackintosh-Smith then leaves the busy city to interview descendents of the nomadic Sultans in the outskirts of Turkey. The documentary continues to the Crimea, or modern-day Ukraine and a visit to an Orthodox church, whereto it is said that Ibn Batuta also traveled. The overwhelming remainder of the video consists of Ibn Batuta’s stay in Indian and the Sultan, Mohammad Shah.

Reflections/Conclusions

So pretty much everything that preceding this section was boring and dry because there was very little personality within the text. Believe me I know this. I just wanted to offer a brief historical background of the focus of this documentary and a synopsis of the documentary; you should watch it yourself (I offer the link at the bottom of this entry). So, I don’t consider myself too accepting of a person. However, as of late, I have been trying to broaden my horizons and exposure to other cultures and beliefs. Aristotle is quoted to have said, “It is the mark of an educated mind to be able to entertain a thought without accepting it”. I feel as though I have reached a status in my intellectual endeavors whereby I can now seek out new ideas and thoughts without feeling tremendous influence by them. With this quote in mind, I watched this documentary with a surprising amount of tolerance and wonder.
The narrator of the documentary set out to show a picture of the Muslim world that is not always seen in the West. It sought to bring down the monolithic image of the Muslim world that has been created in today’s media and political discourse. The Arabist does a wonderful job of showcasing the rich diversity that is found within the Muslim world. I am of a particular persuasion, school of thought, and ideology. However, I could not help but revel in the beauty of all the different peoples and cultures studied in this short documentary. This is a theme or understanding that you will see in a lot of my writings from now on. The Mevlevis in Turkey, the Tatars in Ukraine and the Muslim Magicians in India showcased in this documentary each offered a very human, yet very distinct face to Muslims and the Muslim world.
I found myself, not necessarily re-evaluating my social or religious beliefs, rather finding a certain beauty in the difference that exists in our Muslim societies. It peaked my curiosity in cultures that I might have previously found offensive or heretical. I hope this is only a beginning to a thorough study of the Muslim world and the plethora of peoples and cultures it has to offer.

The documentary can be searched and streamed on the following website:

http://bestdocumentaries.blogspot.com/

- The Bengali

The reasons for people rejecting God

Salaam,

it only makes sense that you present both sides of an issue. I am learning this well with the philosophy class on biomedical ethics i am taking. It seems that the reason for people rejecting God are greater than the reasons for acceptance. The top reason, of course, is due to the technological advances that have occurred in our country and around the world over the last 4 decades, in particular. It has made man feel proud of himself and his accomplishments and so he begins to get a feeling that he does not need anyone else to regulate his life. He should live as a humanist, atheist or agnostic as all these give him a sense of control over his life.

Also, the loss of nature has contributed heavily as well to the rejection of God. The people go outside everyday to see more lands cleared of trees and more industry taking over. Pollution is wide-spread and more and more animals lose their homes. There is no connection with nature except for maybe a watch of the sunrise or a trip to the beach.

There has also been a negative media influence on the people’s rejection of God. Everyday more and more stories are coming out that attack people with religious views as extremist, left-wing and backwards. On the other hand, the media has no problem with people cursing God and portraying him as they please with the slogan of “free speech.” This is not to generalize but stations like Fox news are almost becoming impermissible for Muslims to watch, for example, because they only show the extremist aspect of Islam.

The loss of morals in society and the negative attitude towards fate has added to the rejection of God as well. With more and more people stealing, lacking modesty, treating family members without respect, you naturally start to get used to the non-religious atmosphere around you.

Next to last, science, philosophy and psychology are three academic areas that have attacked religion and thus aided people in rejecting God. They are part of the “free-thinkers and research” arena. They enforce their views on others through schools, colleges and daily control of all of our marketing networks but claim only religion enforces its ideology on others. A perfect example of this is how my own professor deleted my entire post on his criticism of religion and its lack of merit because i was displeased with his intro on religion. He wrote that a religious person with morals is not as superior to someone who believes in morals without religion. I wrote that the fact you spent only one paragraph on religion in a 10 chapter book is clearly showing bias and an unopen mind from someone who teaches philosophy. I also said philosophers are all talk and live depressing lives while those who believe in God act upon what they teach and have changed communities for the better. But lets leave that.

The last and most important reason for people rejecting God is something most people don’t talk about and that is related to the secret societies and gangs that have infiltrated the power structure in our country. This ranges from fraternities to sororities to gangs. I will only dwell on their generalities as i don’t want to commit intellectual dishonesty with any of them. Basically, they seek your loyalty and life to their certain organization and work in absolute secrecy. Now secrecy can be good or bad but just from knowing about their basics, it seems that you pledge loyalty to Satan or to another man above God. It doesn’t even matter about family or your own when it goes against the “gang” or “brotherhood”. So these above are all factors that go against people who try to search or find God.

To be frank, one more point must be addressed which is the issue of what do most humans think about god? Religion definitely prevails over philosophy or atheism as a mindset of a lot of people. This is evident from the fact that any way of thinking other than religion has to be preached and built in to people while the belief in God is something that most people seem to believe naturally. But what do people mean by belief in God? It is a belief, for most humans, that is full of heedlessness and requires no service or actions in the way of god. To believe in God means that you believe in your heart and don’t really follow him in your everyday actions. One must conclude that the majority of humans are thus in partial rejection of god because they believe in him but do not follow him. This is still a rejection that is of a lesser level in comparison to those who believe in no god or believe they are their own Gods. So rejection is widespread and can be partial or complete.

A.R. Absolutist

Belief in God and its need…

In life, you just keep moving and moving everyday and it seems not like a roller coaster ride but more like a boring drama that you just have watched too many times. At moments, you say, what am i doing here in this life? What is the point? This is the start for many people in their process to change their lives.

For others, it takes an accident or a tramautizing experience to wake them up. A car-crash? Oh GOD! You almost drowned? Oh GOD! Your local Masgid turn in some of your Muslim brothers? I would think that would wake you up. This sort of experience changes the way you think about life. 9/11, for example, had some Muslims who loved this country so much end up hating it after they were wrongfully imprisoned and tortured. Sort of like your country gets invaded by another who claims you have massive French Fries that they want to get a hold off. In the process, they focus more on the tons of Ice-Cream you have.

For even some, its just that little act of kindness that makes them turn to God, or Allah in the Islamic sense. They hear an amazing lecture, see an amazing Muslim or see others actually showing the kindness we all talk about but rarely show.

Many of us, on the other hand, are supposed to be born with this belief in one creator. So the Prophet (S.A.W) made sure we knew all humans are born in a state of submission to God but their parents, society or culture change them. Sociologists love talking of the effects of environment on people and they are justified in doing so. So you are born with something that needs to be re-inforced everyday as you grow up or it may get replaced with other ideas. You have someone grow up in a secularist society like our beautiful country, then majority of people will develop that attitude. Women grow up seeing tight skirts, clubs and freedom in a “naked” sense, thats what will seem normal to them.

It doesn’t necessarily mean this is what they were born with but over time, they got used to the evil or negative images and lifestyles around them. This is why Beleif in Allah and being raised with it is so important.

It saves you from falling in to the dark ways of men, ways that have been practiced by the past generations in order to lead us to death in our souls. It saves you from wondering what exactly is life for? It answers all of your life’s most deepest questions whether its original sin, fate and destiny or why do i have to love my parents and neighbors. This is what saves you from being confused by inconsistencies like why one man can be the savior but the hundreds before and after him can’t. It really saves you from wandering aimlessly in life. You have a higher goal, a goal to serve and prosper. You don’t give for the sake of giving but for the sake of the one who gave you life, death and everything. Isn’t that what “Treat others as you wish to be treated.” Funny how this quote applies to human beings but doesn’t apply to God. Who deserves to be treated with more love, hope and fear than your creator? This is the beauty of belief in one God. Most important of all, you have a spiritual life and a physical life. You need both to survive in this cruel world. A relationship with Go and one with those like you as well.

Belief in God gives you a consistent system of rules and laws and not one which makes homosexuality illegal 20 years ago and legal today. A system that keeps women with their pants on and a system that keeps men with their private parts harnessed. A system which doesn’t just talk justice, it gives justice. A system of perfection and balance, one of Prophets, Angels and even demons. A balance of good and evil to give you good things and test you with bad. A system of morals…need i say more…

A.R. Absolutist

A Non-Muslim’s Surprising article on Shariah… The Bengali

Why Shariah?

By NOAH FELDMAN

Last month, Rowan Williams, the archbishop of Canterbury, gave a nuanced, scholarly lecture in London about whether the British legal system should allow non-Christian courts to decide certain matters of family law. Britain has no constitutional separation of church and state. The archbishop noted that “the law of the Church of England is the law of the land” there; indeed, ecclesiastical courts that once handled marriage and divorce are still integrated into the British legal system, deciding matters of church property and doctrine. His tentative suggestion was that, subject to the agreement of all parties and the strict requirement of protecting equal rights for women, it might be a good idea to consider allowing Islamic and Orthodox Jewish courts to handle marriage and divorce.

Then all hell broke loose. From politicians across the spectrum to senior church figures and the ubiquitous British tabloids came calls for the leader of the world’s second largest Christian denomination to issue a retraction or even resign. Williams has spent the last couple of years trying to hold together the global Anglican Communion in the face of continuing controversies about ordaining gay priests and recognizing same-sex marriages. Yet little in that contentious battle subjected him to the kind of outcry that his reference to religious courts unleashed. Needless to say, the outrage was not occasioned by Williams’s mention of Orthodox Jewish law. For the purposes of public discussion, it was the word “Shariah” that was radioactive.

In some sense, the outrage about according a degree of official status to Shariah in a Western country should come as no surprise. No legal system has ever had worse press. To many, the word “Shariah” conjures horrors of hands cut off, adulterers stoned and women oppressed. By contrast, who today remembers that the much-loved English common law called for execution as punishment for hundreds of crimes, including theft of any object worth five shillings or more? How many know that until the 18th century, the laws of most European countries authorized torture as an official component of the criminal-justice system? As for sexism, the common law long denied married women any property rights or indeed legal personality apart from their husbands. When the British applied their law to Muslims in place of Shariah, as they did in some colonies, the result was to strip married women of the property that Islamic law had always granted them — hardly progress toward equality of the sexes.

In fact, for most of its history, Islamic law offered the most liberal and humane legal principles available anywhere in the world. Today, when we invoke the harsh punishments prescribed by Shariah for a handful of offenses, we rarely acknowledge the high standards of proof necessary for their implementation. Before an adultery conviction can typically be obtained, for example, the accused must confess four times or four adult male witnesses of good character must testify that they directly observed the sex act. The extremes of our own legal system — like life sentences for relatively minor drug crimes, in some cases — are routinely ignored. We neglect to mention the recent vintage of our tentative improvements in family law. It sometimes seems as if we need Shariah as Westerners have long needed Islam: as a canvas on which to project our ideas of the horrible, and as a foil to make us look good.

In the Muslim world, on the other hand, the reputation of Shariah has undergone an extraordinary revival in recent years. A century ago, forward-looking Muslims thought of Shariah as outdated, in need of reform or maybe abandonment. Today, 66 percent of Egyptians, 60 percent of Pakistanis and 54 percent of Jordanians say that Shariah should be the only source of legislation in their countries. Islamist political parties, like those associated with the transnational Muslim Brotherhood, make the adoption of Shariah the most prominent plank in their political platforms. And the message resonates. Wherever Islamists have been allowed to run for office in Arabic-speaking countries, they have tended to win almost as many seats as the governments have let them contest. The Islamist movement in its various incarnations — from moderate to radical — is easily the fastest growing and most vital in the Muslim world; the return to Shariah is its calling card.

How is it that what so many Westerners see as the most unappealing and premodern aspect of Islam is, to many Muslims, the vibrant, attractive core of a global movement of Islamic revival? The explanation surely must go beyond the oversimplified assumption that Muslims want to use Shariah to reverse feminism and control women — especially since large numbers of women support the Islamists in general and the ideal of Shariah in particular.

Is Shariah the Rule of Law?

One reason for the divergence between Western and Muslim views of Shariah is that we are not all using the word to mean the same thing. Although it is commonplace to use the word “Shariah” and the phrase “Islamic law” interchangeably, this prosaic English translation does not capture the full set of associations that the term “Shariah” conjures for the believer. Shariah, properly understood, is not just a set of legal rules. To believing Muslims, it is something deeper and higher, infused with moral and metaphysical purpose. At its core, Shariah represents the idea that all human beings — and all human governments — are subject to justice under the law.

In fact, “Shariah” is not the word traditionally used in Arabic to refer to the processes of Islamic legal reasoning or the rulings produced through it: that word is fiqh, meaning something like Islamic jurisprudence. The word “Shariah” connotes a connection to the divine, a set of unchanging beliefs and principles that order life in accordance with God’s will. Westerners typically imagine that Shariah advocates simply want to use the Koran as their legal code. But the reality is much more complicated. Islamist politicians tend to be very vague about exactly what it would mean for Shariah to be the source for the law of the land — and with good reason, because just adopting such a principle would not determine how the legal system would actually operate.

Shariah is best understood as a kind of higher law, albeit one that includes some specific, worldly commands. All Muslims would agree, for example, that it prohibits lending money at interest — though not investments in which risks and returns are shared; and the ban on Muslims drinking alcohol is an example of an unequivocal ritual prohibition, even for liberal interpreters of the faith. Some rules associated with Shariah are undoubtedly old-fashioned and harsh. Men and women are treated unequally, for example, by making it hard for women to initiate divorce without forfeiting alimony. The prohibition on sodomy, though historically often unenforced, makes recognition of same-sex relationships difficult to contemplate. But Shariah also prohibits bribery or special favors in court. It demands equal treatment for rich and poor. It condemns the vigilante-style honor killings that still occur in some Middle Eastern countries. And it protects everyone’s property — including women’s — from being taken from them. Unlike in Iran, where wearing a head scarf is legally mandated and enforced by special religious police, the Islamist view in most other Muslim countries is that the head scarf is one way of implementing the religious duty to dress modestly — a desirable social norm, not an enforceable legal rule. And mandating capital punishment for apostasy is not on the agenda of most elected Islamists. For many Muslims today, living in corrupt autocracies, the call for Shariah is not a call for sexism, obscurantism or savage punishment but for an Islamic version of what the West considers its most prized principle of political justice: the rule of law.

The Sway of the Scholars

To understand Shariah’s deep appeal, we need to ask a crucial question that is rarely addressed in the West: What, in fact, is the system of Islamic law? In his lifetime, the Prophet Muhammad was both the religious and the political leader of the community of Muslim believers. His revelation, the Koran, contained some laws, pertaining especially to ritual matters and inheritance; but it was not primarily a legal book and did not include a lengthy legal code of the kind that can be found in parts of the Hebrew Bible. When the first generation of believers needed guidance on a subject that was not addressed by revelation, they went directly to Muhammad. He either answered of his own accord or, if he was unsure, awaited divine guidance in the form of a new revelation.

With the death of Muhammad, divine revelation to the Muslim community stopped. The role of the political-religious leader passed to a series of caliphs (Arabic for “substitute”) who stood in the prophet’s stead. That left the caliph in a tricky position when it came to resolving difficult legal matters. The caliph possessed Muhammad’s authority but not his access to revelation. It also left the community in something of a bind. If the Koran did not speak clearly to a particular question, how was the law to be determined?

The answer that developed over the first couple of centuries of Islam was that the Koran could be supplemented by reference to the prophet’s life — his sunna, his path. (The word “sunna” is the source of the designation Sunni — one who follows the prophet’s path.) His actions and words were captured in an oral tradition, beginning presumably with a person who witnessed the action or statement firsthand. Accurate reports had to be distinguished from false ones. But of course even a trustworthy report on a particular situation could not directly resolve most new legal problems that arose later. To address such problems, it was necessary to reason by analogy from one situation to another. There was also the possibility that a communal consensus existed on what to do under particular circumstances, and that, too, was thought to have substantial weight.

This fourfold combination — the Koran, the path of the prophet as captured in the collections of reports, analogical reasoning and consensus — amounted to a basis for a legal system. But who would be able to say how these four factors fit together? Indeed, who had the authority to say that these factors and not others formed the sources of the law? The first four caliphs, who knew the prophet personally, might have been able to make this claim for themselves. But after them, the caliphs were faced with a growing group of specialists who asserted that they, collectively, could ascertain the law from the available sources. This self-appointed group came to be known as the scholars — and over the course of a few generations, they got the caliphs to acknowledge them as the guardians of the law. By interpreting a law that originated with God, they gained control over the legal system as it actually existed. That made them, and not the caliphs, into “the heirs of the prophets.”

Among the Sunnis, this model took effect very early and persisted until modern times. For the Shiites, who believe that the succession of power followed the prophet’s lineage, the prophet had several successors who claimed extraordinary divine authority. Once they were gone, however, the Shiite scholars came to occupy a role not unlike that of their Sunni counterparts.

Under the constitutional theory that the scholars developed to explain the division of labor in the Islamic state, the caliph had paramount responsibility to fulfill the divine injunction to “command the right and prohibit the wrong.” But this was not a task he could accomplish on his own. It required him to delegate responsibility to scholarly judges, who would apply God’s law as they interpreted it. The caliph could promote or fire them as he wished, but he could not dictate legal results: judicial authority came from the caliph, but the law came from the scholars.

The caliphs — and eventually the sultans who came to rule once the caliphate lost most of its worldly influence — still had plenty of power. They handled foreign affairs more or less at their discretion. And they could also issue what were effectively administrative regulations — provided these regulations did not contradict what the scholars said Shariah required. The regulations addressed areas where Shariah was silent. They also enabled the state to regulate social conduct without having to put every case before the courts, where convictions would often be impossible to obtain because of the strict standards of proof required for punishment. As a result of these regulations, many legal matters (perhaps most) fell outside the rules given specifically by Shariah.

The upshot is that the system of Islamic law as it came to exist allowed a great deal of leeway. That is why today’s advocates of Shariah as the source of law are not actually recommending the adoption of a comprehensive legal code derived from or dictated by Shariah — because nothing so comprehensive has ever existed in Islamic history. To the Islamist politicians who advocate it or for the public that supports it, Shariah generally means something else. It means establishing a legal system in which God’s law sets the ground rules, authorizing and validating everyday laws passed by an elected legislature. In other words, for them, Shariah is expected to function as something like a modern constitution.

The Rights of Humans and the Rights of God

So in contemporary Islamic politics, the call for Shariah does not only or primarily mean mandating the veiling of women or the use of corporal punishment — it has an essential constitutional dimension as well. But what is the particular appeal of placing Shariah above ordinary law?

The answer lies in a little-remarked feature of traditional Islamic government: that a state under Shariah was, for more than a thousand years, subject to a version of the rule of law. And as a rule-of-law government, the traditional Islamic state had an advantage that has been lost in the dictatorships and autocratic monarchies that have governed so much of the Muslim world for the last century. Islamic government was legitimate, in the dual sense that it generally respected the individual legal rights of its subjects and was seen by them as doing so. These individual legal rights, known as “the rights of humans” (in contrast to “the rights of God” to such things as ritual obedience), included basic entitlements to life, property and legal process — the protections from arbitrary government oppression sought by people all over the world for centuries.

Of course, merely declaring the ruler subject to the law was not enough on its own; the ruler actually had to follow the law. For that, he needed incentives. And as it happened, the system of government gave him a big one, in the form of a balance of power with the scholars. The ruler might be able to use pressure once in a while to get the results he wanted in particular cases. But because the scholars were in charge of the law, and he was not, the ruler could pervert the course of justice only at the high cost of being seen to violate God’s law — thereby undermining the very basis of his rule.

In practice, the scholars’ leverage to demand respect for the law came from the fact that the caliphate was not hereditary as of right. That afforded the scholars major influence at the transitional moments when a caliph was being chosen or challenged. On taking office, a new ruler — even one designated by his dead predecessor — had to fend off competing claimants. The first thing he would need was affirmation of the legitimacy of his assumption of power. The scholars were prepared to offer just that, in exchange for the ruler’s promise to follow the law.

Once in office, rulers faced the inevitable threat of invasion or a palace coup. The caliph would need the scholars to declare a religious obligation to protect the state in a defensive jihad. Having the scholars on his side in times of crisis was a tremendous asset for the ruler who could be said to follow the law. Even if the ruler was not law-abiding, the scholars still did not spontaneously declare a sitting caliph disqualified. This would have been foolish, especially in view of the fact that the scholars had no armies at their disposal and the sitting caliph did. But their silence could easily be interpreted as an invitation for a challenger to step forward and be validated.

The scholars’ insistence that the ruler obey Shariah was motivated largely by their belief that it was God’s will. But it was God’s will as they interpreted it. As a confident, self-defined elite that controlled and administered the law according to well-settled rules, the scholars were agents of stability and predictability — crucial in societies where the transition from one ruler to the next could be disorderly and even violent. And by controlling the law, the scholars could limit the ability of the executive to expropriate the property of private citizens. This, in turn, induced the executive to rely on lawful taxation to raise revenues, which itself forced the rulers to be responsive to their subjects’ concerns. The scholars and their law were thus absolutely essential to the tremendous success that Islamic society enjoyed from its inception into the 19th century. Without Shariah, there would have been no Haroun al-Rashid in Baghdad, no golden age of Muslim Spain, no reign of Suleiman the Magnificent in Istanbul.

For generations, Western students of the traditional Islamic constitution have assumed that the scholars could offer no meaningful check on the ruler. As one historian has recently put it, although Shariah functioned as a constitution, “the constitution was not enforceable,” because neither scholars nor subjects could “compel their ruler to observe the law in the exercise of government.” But almost no constitution anywhere in the world enables judges or nongovernmental actors to “compel” the obedience of an executive who controls the means of force. The Supreme Court of the United States has no army behind it. Institutions that lack the power of the sword must use more subtle means to constrain executives. Like the American constitutional balance of powers, the traditional Islamic balance was maintained by words and ideas, and not just by forcible compulsion.

So today’s Muslims are not being completely fanciful when they act and speak as though Shariah can structure a constitutional state subject to the rule of law. One big reason that Islamist political parties do so well running on a Shariah platform is that their constituents recognize that Shariah once augured a balanced state in which legal rights were respected.

From Shariah to Despotism

But if Shariah is popular among many Muslims in large part because of its historical association with the rule of law, can it actually do the same work today? Here there is reason for caution and skepticism. The problem is that the traditional Islamic constitution rested on a balance of powers between a ruler subject to law and a class of scholars who interpreted and administered that law. The governments of most contemporary majority-Muslim states, however, have lost these features. Rulers govern as if they were above the law, not subject to it, and the scholars who once wielded so much influence are much reduced in status. If they have judicial posts at all, it is usually as judges in the family-law courts.

In only two important instances do scholars today exercise real power, and in both cases we can see a deviation from their traditional role. The first is Iran, where Ayatollah Khomeini, himself a distinguished scholar, assumed executive power and became supreme leader after the 1979 revolution. The result of this configuration, unique in the history of the Islamic world, is that the scholarly ruler had no counterbalance and so became as unjust as any secular ruler with no check on his authority. The other is Saudi Arabia, where the scholars retain a certain degree of power. The unfortunate outcome is that they can slow any government initiative for reform, however minor, but cannot do much to keep the government responsive to its citizens. The oil-rich state does not need to obtain tax revenues from its citizens to operate — and thus has little reason to keep their interests in mind.

How the scholars lost their exalted status as keepers of the law is a complex story, but it can be summed up in the adage that partial reforms are sometimes worse than none at all. In the early 19th century, the Ottoman empire responded to military setbacks with an internal reform movement. The most important reform was the attempt to codify Shariah. This Westernizing process, foreign to the Islamic legal tradition, sought to transform Shariah from a body of doctrines and principles to be discovered by the human efforts of the scholars into a set of rules that could be looked up in a book.

Once the law existed in codified form, however, the law itself was able to replace the scholars as the source of authority. Codification took from the scholars their all-important claim to have the final say over the content of the law and transferred that power to the state. To placate the scholars, the government kept the Shariah courts running but restricted them to handling family-law matters. This strategy paralleled the British colonial approach of allowing religious courts to handle matters of personal status. Today, in countries as far apart as Kenya and Pakistan, Shariah courts still administer family law — a small subset of their original historical jurisdiction.

Codification signaled the death knell for the scholarly class, but it did not destroy the balance of powers on its own. Promulgated in 1876, the Ottoman constitution created a legislature composed of two lawmaking bodies — one elected, one appointed by the sultan. This amounted to the first democratic institution in the Muslim world; had it established itself, it might have popularized the notion that the people represent the ultimate source of legal authority. Then the legislature could have replaced the scholars as the institutional balance to the executive.

But that was not to be. Less than a year after the legislature first met, Sultan Abdulhamid II suspended its operation — and for good measure, he suspended the constitution the following year. Yet the sultan did not restore the scholars to the position they once occupied. With the scholars out of the way and no legislature to replace them, the sultan found himself in the position of near-absolute ruler. This arrangement set the pattern for government in the Muslim world after the Ottoman empire fell. Law became a tool of the ruler, not an authority over him. What followed, perhaps unsurprisingly, was dictatorship and other forms of executive dominance — the state of affairs confronted by the Islamists who seek to restore Shariah.

A Democratic Shariah?

The Islamists today, partly out of realism, partly because they are rarely scholars themselves, seem to have little interest in restoring the scholars to their old role as the constitutional balance to the executive. The Islamist movement, like other modern ideologies, seeks to capture the existing state and then transform society through the tools of modern government. Its vision for bringing Shariah to bear therefore incorporates two common features of modern government: the legislature and the constitution.

The mainstream Sunni Islamist position, found, for example, in the electoral platforms of the Muslim Brotherhood in Egypt and the Justice and Development Party in Morocco, is that an elected legislature should draft and pass laws that are consistent with the spirit of Islamic law. On questions where Islamic law does not provide clear direction, the democratically chosen legislature is supposed to use its discretion to adopt laws infused by Islamic values.

The result is a profound change in the theoretical structure underlying Islamic law: Shariah is democratized in that its care is given to a popularly elected legislature. In Iraq, for example, where the constitution declares Shariah to be “the source of law,” it is in principle up to the National Assembly to pass laws that reflect its spirit.

In case the assembly gets it wrong, however, the Islamists often recommend the judicial review of legislative actions to guarantee that they do not violate Islamic law or values. What is sometimes called a “repugnancy clause,” mandating that a judicial body overturn laws repugnant to Islam, has made its way into several recent constitutions that seek to reconcile Islam and democracy. It may be found, for example, in the Afghan Constitution of 2004 and the Iraqi Constitution of 2005. (I had a small role advising the Iraqi drafters.) Islamic judicial review transforms the highest judicial body of the state into a guarantor of conformity with Islamic law. The high court can then use this power to push for a conservative vision of Islamic law, as in Afghanistan, or for a more moderate version, as in Pakistan.

Islamic judicial review puts the court in a position resembling the one that scholars once occupied. Like the scholars, the judges of the reviewing court present their actions as interpretations of Islamic law. But of course the judges engaged in Islamic judicial review are not the scholars but ordinary judges (as in Iraq) or a mix of judges and scholars (as in Afghanistan). In contrast to the traditional arrangement, the judges’ authority comes not from Shariah itself but from a written constitution that gives them the power of judicial review.

The modern incarnation of Shariah is nostalgic in its invocation of the rule of law but forward-looking in how it seeks to bring this result about. What the Islamists generally do not acknowledge, though, is that such institutions on their own cannot deliver the rule of law. The executive authority also has to develop a commitment to obeying legal and constitutional judgments. That will take real-world incentives, not just a warm feeling for the values associated with Shariah.

How that happens — how an executive administration accustomed to overweening power can be given incentives to subordinate itself to the rule of law — is one of the great mysteries of constitutional development worldwide. Total revolution has an extremely bad track record in recent decades, at least in majority-Muslim states. The revolution that replaced the shah in Iran created an oppressively top-heavy constitutional structure. And the equally revolutionary dreams some entertained for Iraq — dreams of a liberal secular state or of a functioning Islamic democracy — still seem far from fruition.

Gradual change therefore increasingly looks like the best of some bad options. And most of today’s political Islamists — the ones running for office in Morocco or Jordan or Egypt and even Iraq — are gradualists. They wish to adapt existing political institutions by infusing them with Islamic values and some modicum of Islamic law. Of course, such parties are also generally hostile to the United States, at least where we have worked against their interests. (Iraq is an obvious exception — many Shiite Islamists there are our close allies.) But this is a separate question from whether they can become a force for promoting the rule of law. It is possible to imagine the electoral success of Islamist parties putting pressure on executives to satisfy the demand for law-based government embodied in Koranic law. This might bring about a transformation of the judiciary, in which judges would come to think of themselves as agents of the law rather than as agents of the state.

Something of the sort may slowly be happening in Turkey. The Islamists there are much more liberal than anywhere else in the Muslim world; they do not even advocate the adoption of Shariah (a position that would get their government closed down by the staunchly secular military). Yet their central focus is the rule of law and the expansion of basic rights against the Turkish tradition of state-centered secularism. The courts are under increasing pressure to go along with that vision.

Can Shariah provide the necessary resources for such a rethinking of the judicial role? In its essence, Shariah aspires to be a law that applies equally to every human, great or small, ruler or ruled. No one is above it, and everyone at all times is bound by it. But the history of Shariah also shows that the ideals of the rule of law cannot be implemented in a vacuum. For that, a state needs actually effective institutions, which must be reinforced by regular practice and by the recognition of actors within the system that they have more to gain by remaining faithful to its dictates than by deviating from them.

The odds of success in the endeavor to deliver the rule of law are never high. Nothing is harder than creating new institutions with the capacity to balance executive dominance — except perhaps avoiding the temptation to overreach once in power. In Iran, the Islamists have discredited their faith among many ordinary people, and a similar process may be under way in Iraq. Still, with all its risks and dangers, the Islamists’ aspiration to renew old ideas of the rule of law while coming to terms with contemporary circumstances is bold and noble — and may represent a path to just and legitimate government in much of the Muslim world.

Noah Feldman, a contributing writer for the magazine, is a law professor at Harvard University and an adjunct senior fellow at the Council on Foreign Relations. This essay is adapted from his book “The Fall and Rise of the Islamic State,” which will be published later this month.

http://www.nytimes.com/2008/03/16/magazine/16Shariah-t.html?ei=5070&en=10c06614124eaaa0&ex=1206331200&emc=eta1&pagewanted=print

What’s on my iPod- by SulaymanMF

Podcasts:

• Zaytuna Podcast
• Acappella U
• Real Time with Bill Maher
• CNN In Case You Missed It (video)
• ICNYU Lectures
• NYU Islamic Center Khutbahs
• Macintosh Folklore Radio
• macTV
• MAKE Magazine
• Kaplan MCAT Test Day
• Doctors Without Borders
• Mosaic TV
• MSNBC Countdown with Keith Olbermann
• Rocketboom
• Tinku’s World
• Ummah Films

My Favorite Contentions-by SulaymanMF

Taken from Haroon’s (now defunct) Blog: Avari. Part 1

• 1. Paradise is under mothers and swords. Both defend.
• 9. The more you love Allah, the more others despise you.
• 22. The revolutionaries shall perish, the reformists shall perish, the status quo shall perish.
• 23. Every man and woman I meet has something of me.
• 30. When men pray to saints, they do not draw themselves closer to God. Quite the opposite.
• 40. An army is nice. A strategy is better. Both together are best.
• 45. The Ka‘bah is a cube because the world is a sphere.
• 47. Arrogance produces ignorance and ignorance produces arrogance. There’s a reason “bigot” sounds like “idiot.”
• 48. Islamic Matrimony: If you like a girl, she doesn’t like you. If a girl likes you, you don’t like her. If you both like each other, your families don’t like each other. If your families like each other, something is wrong. Find out what.
• 49. Be careful what you wish for: Israel suffers because Zionism prospered.
• 57. It is not enough to have faith. One must also suffer it.
• 59. A prayer in the heart is worth twenty-seven in the head.
• 62. The Muslim world is afraid of its future. The West is afraid of its past.
• 71. Email reminds you of how irregularly people think of you.
• 81. Mad Mullah-ism: Less(er) jihad is more.
• 82. White Muslims are like white chocolate. Somehow they’re still brown.
• 83. Islam rejects the cycle of rebirth. Sequels not only suck, they also spoil the original.

Plus, the sequel, (Part 3)

• 4. Who likes Ruh Afza? And why? And can we punish them?
• 38. Looking too far into the past risks blindness. Looking too far into the future promises paralysis.
• 40. You can rely on God, but you cannot blame Him.
• 50. The Muslim countdown: Eight occupied countries, seven heavens, six beliefs, five prayers, four wives, three repeats, two destinations, One God.

Hello World – from SulaymanMF

Hello and Salaam to everyone here. I’m Sulayman F. I’m Sicilian and live in New York.

Things I’ve done in my lifetime:

• Taken Shahadah
• Shook hands with Billionaire Steve Jobs, Hillary Clinton, Rick Lazio, and George Pataki
• Joined the Order of the Arrow, Brotherhood rank
• Visited London, Rome, and the Vatican
• Gone up the Leaning Tower of Pisa, Eiffel Tower, and Empire State Building
• Dialed 911 (on at least 5 occasions)
• Crossed Abbey Road
• Counted pills in a Pharmacy
• Milked a cow
• Hypnotized myself
• Driven an Ambulance
• Swam with Dolphins
• Won on a The Long Island Challenge, a local television gameshow
• Been doused with Liquid Nitrogen (Brrr!)
• Karate-chopped a board in half with my bare hand
• Been awarded AP Scholar With Distinction
• Levitated off the ground (Balducci Levitation)

Things I intend to do in my lifetime:

1. Go on a roadtrip
2. Visit California for more than 3 days
3. Drive a convertible Oh so totally cool, I felt like a handsome speeding king, or Ferris Bueller
4. Take a Film Study course
5. Strike up a conversation at a Dunkin’ Donuts at 1AM. (Done at 7-11 at 3AM, maybe I should cross this off)
6. Learn to break dance
7. Sail to NYC
8. Find an apartment in New York City and live there for a month (I Love it!)
9. Watch A Man for All Seasons (Kevin Smith’s favorite movie)
10. Write a successful and popular computer program
11. Get Terminator-style vision enhancement
12. Become an EMT
13. Sleep on the roof.
14. Grow my hair out, shoulder-length (I already had an afro).
15. Crowd-surf
16. Do a Backflip without a trampoline.
17. Use a fire-extinguisher, preferably soaking somebody for fun
18. In shotput, punch a shot over 30 feet (right now 23 feet so far)
19. Get a 6-pack of abs
20. Run a mile in under 7:30
21. Go to one of those parties where everybody sleeps/passes out on the floor. I’ve done a few sleepovers, let’s cross this one off
22. Attempt snowboarding (I think I chipped a bone)
23. Fire a gun through a set of encyclopedias and see how far through the bullet will penetrate (My guess is Volume L) (Solution?)
24. Learn semiotics
25. Shoot a bullseye in archery
26. Wear a Shalwar-kameez (pretty comfortable)
27. Talk to John Walker Lindh
28. Play chess in Kabul
29. Implement Uberman’s Sleep Schedule
30. Eat halal Kobe beef
31. Ride in a motorcycle sidecar
32. Own a horse
33. Visit the Pyramids
34. Wear a kilt
35. Live in South America
36. Travel by Camel, preferably from Mecca to Medina
37. Try camel meat
38. Visit Moscow
39. Play cricket (and learn it first)
40. Go to a football(soccer) game in South America
41. Get accupuncture
42. Sell something on the streets of NYC
43. Ride an ATV
44. Rename the planets
45. Make Hajj
46. Wear a lunghi

Any more ideas?

Are Humans Meant to be Monogamous?

Are Humans Meant to be Monogamous?

Jeanna Bryner
LiveScience Staff Writer
LiveScience.com1 hour, 24 minutes ago

News of politicians’ extramarital affairs seems to be in no short supply lately, but if humans were cut from exactly the same cloth as other mammals, a faithful spouse would be an unusual phenomenon.

Only 3 percent to 5 percent of the roughly 5,000 species of mammals (including humans) are known to form lifelong, monogamous bonds, with the loyal superstars including beavers, wolves and some bats.

Social monogamy is a term referring to creatures that pair up to mate and raise offspring but still have flings. Sexually monogamous pairs mate with only with one partner. So a cheating husband who detours for a romantic romp yet returns home in time to tuck in the kids at night would be considered socially monogamous.

Beyond that, scientists’ definitions for monogamy vary.

Evolutionary psychologists have suggested that men are more likely to have extramarital sex, partially due to the male urge to “spread genes” by broadcasting sperm. Both males and females, these scientists say, try to up their evolutionary progress by seeking out high-quality mates, albeit in different ways.

The committed partnership between a man and a woman evolved, some say, for the well-being of children.

“The human species has evolved to make commitments between males and females in regards to raising their offspring, so this is a bond,” said Jane Lancaster, an evolutionary anthropologist at the University of New Mexico. “However that bond can fit into all kinds of marriage patterns – polygyny, single parenthood, monogamy.”

The human species is somewhat unique amongst mammals in that fathers do invest in raising children.

“We do know that in humans we do have this pretty strong pair bond, and there’s more paternal investment than in most other primates,” said Daniel Kruger, a social and evolutionary psychologist at the University of Michigan’s School of Public Health. “We’re special in this regard, but at the same time like most mammals, we are a polygynous species.” Kruger said humans are considered “mildly polygynous,” in which a male mates with more than one female.

Whether or not the married or otherwise committed individuals stray for sex depends on the costs and benefits.

“There is plenty of evidence that males have less to lose than females by having extramarital sex,” Lancaster said. “Having less to lose, it’s easier for them to do it.”

Women, however, could lose “dad’s” resources when it comes to raising their kids. “For women, the well-being of their children is not improved by promiscuity,” Lancaster told LiveScience.

Some scientists view both social and sexual monogamy in humans as a societal structure rather than a natural state.

“I don’t think we are a monogamous animal,” said Pepper Schwartz, a professor of sociology at the University of Washington in Seattle. “A really monogamous animal is a goose – which never mates again even if its mate is killed.”

She added, “Monogamy is invented for order and investment – but not necessarily because it’s ‘natural.’”