Ishtiaq Ahmed

THE task in hand for modern Muslims is to separate the spiritual, moral and ethical message of Islam from penal laws reflecting the sensibilities of tribal society of the seventh century. Stoning to death is practised as a routine punishment for adultery in Iran and Saudi Arabia. When the Taliban ruled in Afghanistan, they too imposed it with a relish and did it with the same enthusiasm in their enclaves called Islamic emirates when they ruled in some pockets of Khyber Pakhtunkhwa and Swat valley.

There is no doubt that the origin of this barbaric punishment is the Old Testament of the Jews. The Jewish Torah prescribes it for a host of other offences as well. It is not mentioned in the Quran. However, all the five schools of Islamic jurisprudence — Hanafi, Shafai, Maliki and Hanbali of the Sunnis and the Ja’afri of the Shias prescribe it for adultery. On this point of law, there is complete unanimity of opinion. I believe the Khawarji school of thought adheres to it as well.

How does one explain this unanimity of opinion of all historical schools of thought and schools of jurisprudence of Muslims when it is not a law derived directly from some explicit injunction in the Quran? The reply of the traditionalists and fundamentalists would be that rajam or stoning adulterers is based on the sunnah of the Prophet (PBUH) to which all his pious successors adhered. Therefore, it becomes a part of the Islamic legal system and practice because the sunnah of the Prophet (PBUH) is the second major source of shariah.

However, in the modern period, a host of objections have been raised against stoning of adulterers, most notably by the Ahl-e-Quran school of thought. The Ahl-e-Quran argue that if the origin of an Islamic law cannot be traced to the Quran, it is not an Islamic law. The Ahl-e-Quran do not, in principle, reject the authority of sunnah, but insist that nothing can be called Islamic law unless it is categorically mentioned in the Quran. Proceeding on such an assumption, the Ahl-e-Quran deny that stoning was practised during the time of the Prophet (PBUH) and his pious successors. They allege that it came into existence during the time of the Abbasids (750-1258), when most of the hadith literature was compiled and declared authoritative. From the Ahl-e-Quran point of view, hadith literature is not authoritative and binding if there is no direct back up for it in the Quran.

There is no doubt that a considerable portion of the hadith literature is of questionable authenticity, and indeed during the Abbasid period many innovations came into being that were perhaps not present during the time of the Prophet (PBUH) and the Khulafa-e-Rashideen (Rightly Guided Successors). However, that is no foolproof argument that existing practices in the seventh century Arabia were not continued by the Muslims even if they were not mentioned in the Quran.

Let us take the religious law and practice requiring all Muslim males to be circumcised. I would very much welcome some Ahl-e-Quran protagonist showing me where it is mentioned in the Quran. The fact is that it is not mentioned anywhere in the Quran. I doubt if the Ahl-e-Quran do not adhere to circumcision on grounds that it is not mentioned in the Quran.

It is no doubt based on Jewish law and practice, which the Muslims adopted along with many other laws and practices of the Jews, Christians and pagan Arabs. More examples can be given of Muslims incorporating practices from the Jews, Christians and pagan Arabs into their legal practice and social rules. There is nothing surprising about this. Laws reflect the conditions and culture of the society in which they are formulated.

Let me turn to another major flaw in the Ahl-e-Quran mode of reasoning. The most pervasive crime against women is rape. I would challenge any Ahl-e-Quran debater to show me if it is mentioned anywhere in the Quran. It is not. The hudood laws refer to adultery based on the assumption that two married individuals voluntarily have illicit sexual intercourse, and fornication, which is illicit sexual relations between unmarried individuals. There is absolutely no concept of rape as a crime in which an unwilling individual is subjected to sexual intercourse by one or more individuals. The later jurists did innovate and introduced the notion of zina-bil-jabr and since then rape is recognised as a crime. Previously, it did not exist even as a concept.

The problem, however, is not whether stoning to death is genuinely Islamic or not and if it is mentioned in the Quran then and then only it becomes an Islamic law. Rather the much bigger moral and philosophical question is the following: can barbaric laws of any kind be justified in the modern period? Would it be appropriate to chop off the hand of a thief or the leg and arm of a robber or to lash fornicating individuals simply because such punishments are mentioned in the Quran? The Jewish Torah has set forth the most extensive list of barbaric punishments, but modern Jews have abolished them. The Christian West has its own history of barbaric punishments, but they too abandoned them. Suttee, or wife-burning, is prohibited in India though it does take place once in a while. The task in hand for modern Muslims is to separate the spiritual, moral and ethical message of Islam from penal laws reflecting the sensibilities of tribal society of the seventh century.

The well-known English journalist Robert Fisk has presented a detailed investigative report, ‘The crimewave that shames the world’ in The Independent, September 7, 2010, about so-called honour killings. Not surprisingly, the highest incidence of such crimes is in the Muslim world, though even some non-Muslim Middle Eastern minorities and Hindus in India practise it. What I found particularly shocking was that after murdering a daughter or sister, a Muslim culprit can walk away scot-free because the Islamic law of qisas (retaliation) allows heirs to pardon the criminal. Thus, other family members can pardon the offender. All such relics of barbarism have to be done away with. Already in the 19th century, Maulvi Chiragh Ali wrote that the Quran is not a book of law. Justice Munir has also advanced similar arguments. Privately, most of the educated Muslims I talk to agree with me that hudood laws, blasphemy laws and many other such laws are anachronisms that have no place in the 21st century. More such voices need to be heard in the public space.

[The writer is a Professor Emeritus of Political Science, Stockholm University. He is also Honorary Senior Fellow of the Institute of South Asian Studies, National University of Singapore. He can be reached at billumian@gmail.com]

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Expulsion hits Roma gypsies

David Cronin

ROMA gypsies are routinely described as Europe's largest ethnic minority. Numbering between 10 and 16 million, their combined population exceeds that of many European Union countries. Yet their numerical strength offers no compensation for the poverty, persecution and scapegoating that the Roma have to endure -- or for how their welfare is accorded a low priority by the EU's institutions.

That few Brussels officials pay much attention to the situation facing Roma has been exemplified in recent weeks as Nicolas Sarkozy's government in France effectively declared a war against gypsies. When the Paris authorities announced in late July that they had authorised the systematic destruction of Roma camps and the large-scale expulsion of Roma to Bulgaria and Romania, the European Commission initially insisted that the surrounding matters concerned national EU governments only.

Following the deportation of about 1,000 Roma by France during the month of August, the Commission has finally questioned the legality of these measures. In an unpublished paper, the EU's executive arm cast doubts on assurances by Paris that all of the deportations were voluntary and therefore did not breach a 2004 law -- known as the "free movement directive" -- that forbids group deportations from one of the Union's states to another.

According to the paper, the granting of lump sums ranging from 100 euros (129 dollars) for child deportees to 300 euros for adults "was not sufficient" to exempt France from the EU's "free movement principles".

"The response (from Brussels) has been very slow," Sophie Kammerer from the European Network Against Racism told IPS. "Although the measures were announced by the French at the end of July, the first press statement from Viviane Reding (the EU's justice commissioner) wasn't until the end of August. So almost a month passed with no reaction. Now, at least, the Commission is looking seriously into the matter."

Kammerer noted that under EU law, deportation orders must be given in writing one month before they take effect and must allow for the possibility that they can be appealed. "Clearly, this was not respected," she added. "The camps were dismantled one day and people were asked to leave the next day."

So far, however, Reding has not given any indication of whether she would be willing to start legal proceedings against France. Her spokesman Matthew Newman took issue with suggestions that the Commission had dithered in reacting to the French announcement.

"The Commission has been deeply involved in Roma issues for years," he said. "We give large sums of money to Roma integration. It is really quite surprising to hear people say we are not on top of this issue. If anything, we have been trying to raise attention to the discrimination faced by the Roma."

France has struck a defiant tone in the contacts it has had with the EU authorities. Eric Besson, an immigration minister, insisted during a visit to Brussels last week that there have been no "collective deportations" but that some Roma have been required to leave France over their involvement in theft and "aggressive begging". Besson claimed that France has been subject to "needless and scandalous accusations" over the measures it has taken.

The French offensive against Roma bears some similarities to an initiative unveiled by Italy in May 2008. The Italian "security package" provided for the dismantling of Roma camps and the automatic deportation of migrants who cannot prove that they have regular employment. Since then, thousands of Roma have been pushed out of Italy.

Europe's more recent wave of attacks against Roma kicked off in July when the mayor of Copenhagen Frank Jensen urged the Danish national authorities to ensure that "criminal Roma" were arrested and expelled. More than 20 Roma were deported from Denmark soon afterwards.

Germany, Belgium, Britain and Sweden are among the other EU countries that have either taken action against the Roma or stated their intention to do so. Meanwhile, anti-Roma sentiment and the tendency to blame Roma for crime has been vigorously exploited by far-right politicians in many parts of Europe. The Hungarian extremist party Jobbik has called for Roma to be forced to live in segregated camps from the general population. In response to its call, the Hungarian Socialist Party said it hoped that Jobbik did not wish to have "concentration camps" erected.

And racism against Roma manifested itself in a particularly violent way in Slovakia in late August when a gunman killed six members of a Roma family and another woman in Bratislava. Some human rights campaigners have linked the murders to the negative stereotyping of Roma by powerful European politicians.

Ivan Ivanov, director of the European Roma Information Office, the main group representing Roma in Brussels, said he had warned five years ago that his community was likely to come under attack from several EU governments. He urged the European Commission both to take robust action against France for contravening EU law and to draw up a comprehensive strategy for combating discrimination against Roma.

Despite the Roma's status as Europe's largest ethnic minority, the Commission does not have a specific unit of officials dedicated to serving their interests. The Commission's employment department, for example, has only one official tasked with handling issues affecting the Roma.

"The European institutions should not look at this on a case-by-base basis but should come up with a proper European approach, " Ivanov said. "Roma are European citizens, so they should benefit from the same rights as any other European citizens." [Courtesy IPS]

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America: Social Security under assault

THIS year marks the 75th anniversary of the Social Security Act, and despite its standing as arguably the most successful social program in the country's history, Social Security has come under assault from a variety of Republican lawmakers and candidates. In his "Roadmap for America's Future," Rep. Paul Ryan (R-WI), the ranking member on the House Budget Committee, suggested privatizing the program, along the lines of the plan proposed by former President Bush in 2005.

Florida's Republican Senate nominee Marco Rubio has said "proposals that have to be talked about" include raising the retirement age and cutting benefits for younger workers. Rep. Michele Bachmann (R-MN) said she simply wants to "wean everybody off" Social Security, while Nevada's Republican senate nominee Sharron Angle has called for it to be "phased out." Those launching the assault on Social Security are attempting to use the nation's budget deficit as an excuse to justify their desire to cut it. In fact, Alan Simpson, the Republican co-chair of President Obama's deficit commission, likened the program to "a milk cow with 310 million tits." But the arguments conservatives put forth for radically remaking a program that millions of Americans depend on are incredibly thin, especially given Social Security's relatively sound fiscal condition, which ensures its availability for decades. Here is a rundown of the three conservative views for reforming Social Security and why they all fail to pass the laugh test.

THE CUTTERS: Simpson and Rubio's argument that either the retirement age needs to be increased or benefits for future workers must be cut relies on the false claim that Social Security will, as Simpson claims, "go broke in the year 2037." In fact, Social Security is currently running a surplus and has built up a trust fund of $2.6 trillion. Because of this fund, according to the latest report from the Social Security Trustees, the program will be able to pay full benefits until 2037 -- and 75 percent of benefits for decades after that, which is very close to current benefit levels when adjusted for inflation -- with no modification at all. As the Center on Budget and Policy Priorities noted, "Alarmists who claim that Social Security won't be around when today's young workers retire either misunderstand or misrepresent the projections." In fact, the long-term gap between Social Security's revenue intake and benefits amounts to 0.7 percent of GDP, which "roughly matches the revenue loss over the next 75 years from extending the Bush tax cuts for people making over $250,000." So as the Center noted, lawmakers "cannot simultaneously claim that the tax cuts for the richest 2 percent of Americans are affordable while the Social Security shortfall constitutes a dire fiscal threat." Plus, as Economic Policy Institute economist Monique Morrissey explained, "When it comes to Social Security, Americans overwhelmingly prefer tax increases to benefit cuts -- even stealth cuts like raising the normal retirement age...But most of the gap can be closed without raising taxes on ordinary workers -- just those with earnings above the taxable earnings cap of $106,800."

THE PRIVATIZERS: Ryan, Pennsylvania's Republican senate candidate Pat Toomey, and Kentucky's Republican senate candidate Rand Paul have all expressed sympathy with the notion of privatizing at least a portion of Social Security, with Paul saying, "let young working people opt out, the sooner the better. Let 'em opt out and get a better investment." Sen. Jim DeMint (R-SC) has also said that he'd like to revive President Bush's social security privatization plan. But the financial market meltdown of 2008 provides a warning to those pushing for privatized accounts. According to an analysis by the Center for American Progress Action Fund, under a Bush-style privatization plan, an October 2008 retiree would have lost $26,000 in the market plunge of that year. In fact, because the economic crisis of 2008 did so much damage to both home prices and 401(k)-type accounts, "the huge cohort of baby boomers that is approaching retirement will be more dependent on Social Security than their predecessors." As the Center for Economic and Policy Research found, "The median household in the age cohorts from 55 to 64 has just $170,000 in total wealth, including equity in their home. Since this is roughly equal to the price of the median home, this means that they could fully pay off a mortgage and then would have nothing other than their Social Security to support them in retirement." Paul's opt-out plan, meanwhile, would cause the system to simply collapse, like any insurance program without a steady revenue stream.

THE TENTHERS: Finally, there are those like Alaska's Republican Senate candidate Joe Miller or Rep. John Shadegg (R-AZ) who simply seem to believe that Social Security is unconstitutional -- as it is not explicitly authorized in the Constitution -- and therefore want to eliminate it altogether. "For too long, the federal government has acted without constitutional restraint. In doing so, it has created ineffective and costly programs and massive deficits year after year," Shadegg said. But as the Wonk Room's Ian Millhiser pointed out, "The Constitution gives Congress the power 'to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States,' thus empowering the federal government to levy taxes and leverage these revenues to benefit the American people." And Social Security undeniably benefits the American people. According to the latest data available from the Census Bureau, 13 million seniors are kept out of poverty due to Social Security. In fact, "without Social Security, the poverty rate for those aged 65 and over would exceed 40 percent in 42 states." Social Security makes up a majority of income for more than half of the seniors in the country, and is particularly important for African-Americans and Hispanic seniors, representing at least 90 percent of income for about one-third of both populations. [Courtesy thinkprogress.org]

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Reflections on ‘PEPSU’ versus Punjab

Bal Anand

THE title of this column might indeed bamboozle many readers except the senior citizens - more particularly, the pensioners of the government of Punjab. To decode the puzzle, PEPSU was the abbreviation of the newly carved out state -Patiala and the East Punjab States Union- in the wake of the independence of India. The ‘native’- Princely- states which merged into the Pepsu included the four ruled by (Jatt) Sikh Rajas- Patiala, Nabha, Jind, Faridkot-while the rulers of Kapurthala were the descendants of the formidable warrior, Jassa Singh Ahluwalia (1718-1783) The Malerkotla Nawabs, Sherwani Afghans, traced their descent to Sheikh Sadruddin (1449-1508) who had received a gift of 68 villages to the south of the fast developing commercial and strategic city of Ludhiana. From Bahlol Lodhi, ruler of Delhi. Kapurthala State (with majority of population being Muslims) had two enclaves in Jalandhar district. The outlying districts of Narnaul, Dadri and Bawal lay in southern districts of East Punjab. There were islands of Patiala in the present Himachal Pradesh. The two non-salute States, Kalsia and Aligarh, administratively affiliated with Patiala, were also incorporated into the new Union. The covenant of merger was signed on May 5, 1948 by rulers of all the eight states.

The PEPSU was formally inaugurated on July 15, 1948 by swearing in only the Rajparmukh, Maharaja Yadavendra Singh of Patiala, because the two newly emerged political groupings, Prajamandal turned Congress and the Akali Dal had failed to form a ministry. The confusion and disorder caused by terrible communal riots leading to departure / influx of Muslims/Hindus reigned supreme. The administrative culture of newly born state of Pepsu- with an area of 10,099 sq miles / 26,146 sq Km, population of 34,24,060 and annual revenue of 5crores- was historically steeped in repressive feudal traditions. The people had been suffering from the ‘double slavery’, under idiosyncratic and pervert rulers who were themselves under the slavish subservience of the British. The caretaker government with Sardar Gyan Singh Rarewala, a high official of Patiala State and close relation of the Maharaja, as the Premier was installed under a stop-gap arrangement in Aug 1948. I have a vague but disturbing memory of bloody popular upsurge in Malerkotla against police repression in the wake of murder by angry mob on June 14, 1948 of Thanedar Kuldip Singh who had raped a girl when she was in his custody. This wave of lawlessness and dacoities led to the dismissal of Rarewala ministry and imposition of President’s rule.

The sharply communal overtones became pronounced rather early in the politics of Pepsu with the Akali Dal encouraged to entertain the notion that the Pepsu was the promised niche in India with the Sikh majority which must reflect their aspirations. The Congress, comprising of old Prajamandalites, did not have Sikh leaders of stature in its ranks. The Congress won 26 seats in the Assembly of 60 in the General elections in Jan.1952 and Rarewala maneuvered to be CM again in April with the support of independents. The Rarewala Ministry was dismissed in March 1953 invoking for the first time provision of the failure of the Constitutional Machinery. The mid-term poll returned Congress with Majority with Col Raghbir Singh forming ministry in March 1954. He died in Jan,’55 and was succeeded by Brish Bhan who remained in office till the reorganization of states when Pepsu was consigned to history with its merger into the new Punjab created on Nov. 1,1956.

Having spent my early life, first in a small village at 6km from Malerkotla and then the family shifting to nearby town of Ahmedgarh, I have the most vivid memories of the regime of Pepsu-the five letters, as if, got engraved into my consciousness long before I learnt the English alphabet! The family records now confirm that my father, then 27, a scholar of classical Vedantic studies and rigorously trained to be an Ayurved practitioner-Vaidya- had embraced the order of Khalsa on July26, 1947 with the Amritpaan ceremony costing Rs 7and four annas.

His words ,quoting Maharaja Patiala’s speech in Hindustani during public meeting in Ahmedgarh soon after, still ring in my ears-translated loosely in English, Maharaja had said,” Now India and Pakistan have become two different and independent countries… …those Muslims who would opt to live in India would be provided full security of life and property…Nawab Sahib and his forefathers have enjoyed fraternal relations with us… due arrangements will be made for those who want to migrate to Pakistan… ” The Maharaja, however, warned that the Muslims staying back in India must be completely loyal to India without any secret love for Pakistan. He also criticized the Sikh leaders who raised the alarm of ,’Panth in danger’ saying,’ danger could only be to their pockets –to make fast bucks’ adding that Guru’s Panth would always march forward.

The question of my elementary school came up in 1949. I was going to be the first ever child to be sent for formal schooling in the long line of family of traditional scholars who were all taught at home. The District Board (soon to be called Govt.) Primary School in village Sohian, at a distance of about four km, but falling in the Angrezi Ilaqa was preferred over the lower middle school ,Bhogiwal, about three km away, located closer to Malerkotla. The widely prevailing impression was that the teaching was more systematic and effective in the schools of British territory in comparison to the Riyasati-princely state-schools. The school had two Kutcha rooms with a mud boundary wall but the classes were mostly held under the near by trees.

Pandit Lachhman Dass of nearby village Ram Pur, the senior of the two teachers, had been posted there for more than 17 years and was well known in the neighboring villages. The name of other teacher was Partap Singh, a Sikh with white beard, who also belonged to close by village, Rorian (near Malaud)-how did we children come to know that he was of Naee-barber- caste? The caste enumerators in 2011 can draw some conclusions for our Mahan Bharat! A palatial white building with tall trees around was visible from the school. We came to know that it belonged the Sardar –feudal landlord-of Sohian, called Kaka Ji who had been inducted as DSP in the Punjab Police; knew years later that his full name was Narinder Singh Phulka. On way to school amidst the fields, I remember how flocks of colorful deer and beautiful cows, called ‘Ram Gaooan’ used to roam about freely-those were the days!

It was 7th of May 1951. Leaving village in the morning, my grandfather and I waited for hours at Kup Bus stand to catch a bus for Ahmedgarh; a few buses that passed by did not stop, being too full. So we decided to walk under the hot sun to the Kup railway station at a distance of 3km.It was my first railway journey that I remember. Within a week, I joined the MGMN High School in the third class and Pepsu, Punjab, Bharat; Sansar started getting unfolded before me in my studies. My first visit to Malerkotla was as late as in Feb 1957 when I had to appear in a special middle school scholarship examination After the last paper , I stayed back to listen to Congress President UN Dhebar. Giyani Zail Singh, dressed in black Sherwani, introduced in his eloquently impressive Punjabi the frail looking Gandhian leader, Uchhang Rao Navalshanka Dhebhar!

Ahmedgarh, though comparatively closer to Ludhiana and linked more to it for trade and other activities, has remained tied to the district of Sangrur and inter alia with the old Pepsu, I have strongly mixed emotions of love and hate with my Pepsu identity. The two years of studies, during ’59-’61, in Government College, Malerkotla and the two years as a college lecturer in Bathinda in ’67-69 provided me with a wealth of contrasting experiences with my studies in DAV college Jalandhar for graduation and Post Graduation in Government College, Ludhiana. To me, Pepsu seemed personification of feudal depravities and, rampant corruption, in its myriad hues. The peon of the Principal and the clerks in Malerkotla college; the clerical staff and even lecturers and Principals in Bathinda, I am very sorry to say, remind me of the most viciously corrupt and intriguing persons in contrast to many inspiring and most helpful functionaries I came across as student/lecturer in Jalandhar and Ludhiana.

When the Pepsu was merged into the Punjab, many like me, had hoped and prayed that values and work culture of Punjab will have a salutary influence on the Riyasati- Pepsu people. But, alas! the wheel seems to have turned the other way round: The ‘Pepsu –ization’ of Punjab seems to be full and complete; the theory of economics, ’bad money drives out good money’ rings loudly true in my beloved present Punjab. The ‘cash and carry job Super Bazaar’ going by in the name of Public Service Commission ,Patiala run by some Super Sidhu should make an easy entry into the Guinness Book!

For many years, I had a mysteriously eerie feeling of journeying into ‘darkness’ when travelling towards Malerkotla and going towards ‘light’ when heading towards Ludhiana! It is now more a disturbingly depressing sense in undertaking journey in both directions-signs of slipping towards senility, sagacity or mere nostalgic non-sense…other should know better!!

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