The New Nation - Internet Edition

Aijaz Zaka Syed

HAVE you ever noticed that there aren't many public libraries in Dubai? Well, there are some, run by the Dubai Municipality. But they are not most popular with the Emiratis and large expatriate population of the country. It's the same state of affairs in other emirates that in any case boast fewer libraries than Dubai. And you don't see a fraction of the crowd in there that you come across in the country's world famous malls.

In our part of the world, you find more people obsessing about latest models of mobile phones, cars or that new tower of apartments coming up in the ever-expanding emirate rather than about new books or authors. On trips to Europe, one is always amazed by this spectacle of people, both young and old, immersed in paperbacks or in one of those ubiquitous tabloids. On the Tube, in hotels, waiting for the bus, they are always reading. Even the cabbies are busy with their copy of Sun or Daily Mail as they wait for customers. This is a far cry from life in the Middle East.

Some years ago, Ustaz Khaled Al Maeena, the veteran Arab journalist and editor-in-chief of Arab News, bemoaned the lack of reading culture and good libraries in Saudi Arabia.

This situation is not exclusive to Saudi Arabia. The Saudi example only reflects and represents the general reality of the Muslim world. Our lack of interest in reading is symptomatic of the larger malaise that afflicts us as a people: Our indifference to learning and disinterest in a culture of knowledge and scientific inquiry. The hunger of learning and zeal to explore new horizons of knowledge that once drove the Arabs and Muslims have given way to a crass and disturbing intellectual listlessness.

In the Arab world alone, as Arab League chief Amr Moussa points out, there are 71 million illiterates. So is it any wonder that the Muslim world is so underdeveloped and backward than the rest of the world. Not a single university from the Muslim world - home to 1.6 billion people, a quarter of the world's total population - figures in the top 500 centres of learning. Even as the world progresses and conquers new frontiers of knowledge and ideas by the hour, the Muslims are yet to stir out of their slumber of centuries. This would have been understandable when most of the Muslim world had been under colonial occupation. There had been a real crunch of resources and we were not the masters of our destiny. Today, however, it's a vastly different world. It's not only a free world but Muslim countries are blessed with rich natural and financial resources. If petrodollars have transformed the once desolate landscape of the Middle East into the world's most happening region, things haven't been too bad for other Muslim countries like Malaysia and Pakistan either. However, growing economic prosperity and development seem to have done little to whet the Muslim world's appetite for knowledge and learning.

Watching Shaikh Mohammed bin Rashid Al Maktoum unveil the knowledge initiative for the Arab and Muslim world in Dubai this week, I wondered whatever happened to the Islamic world's once legendary craving for knowledge. As always, the UAE Vice-President and Prime Minister and Ruler of Dubai has responded to a pressing call of our times, taking up a project that is as grand and bold as his own vision. Like everything Dubai does, this initiative is extraordinarily ambitious in nature with far-reaching implications for the region and the world.

I only hope to God that the UAE leader, who has constantly surprised everyone in the neighbourhood and around the world by going for the unthinkable and achieving the impossible, succeeds with this ostensibly unimaginable goal too. God knows Shaikh Mohammed is right when he says: "The challenges we face in the Arab and Islamic world are challenges of survival - not only of reform and development. Our knowledge level will determine our ability to surmount these challenges."

Besides, there's no alternative. The Muslim world either pushes itself on this path to deal with the challenges ahead or commits a collective hara-kiri. And there are no magical solutions, or ready recipes, as Shaikh Mohammed points out. "Either we create miracles ourselves and find solutions, or the Arab and Muslim world ends up with millions of frustrated, angry young men and women. And you may imagine the consequences (of such a scenario)." This is almost like a mission impossible. But, as Sean Connery would put it, it's doable. After all, it was the Islamic world that had once pioneered the knowledge revolution that changed the world. In Shaikh Mohammed's words again: "We were the first who knew schools, houses of learning, laboratories, hospitals and endowments." These claims are not without basis. No history of Western progress and renaissance will be complete without crediting the critical role Arab scientists and philosophers played in it. As William Dalrymple, that ardent admirer of Islamic glory, put in a recent piece in UK's Sunday Times: "So much that we today value - universities, paper, the book, printing - were transmitted from East to West via the Islamic world, in most cases entering western Europe in the Middle Ages via Islamic Spain. And where was the first law code drawn up? In Athens or London? Actually, no - it was the invention of Hammurabi, in ancient Iraq."

There was a time when a burning hunger for knowledge and new ideas consumed the Muslim lands. Governments actively encouraged and supported the quest of knowledge and spirit of scientific inquiry. Muslim countries were home to scores of great universities and centres of learning long before Oxford and Cambridge came into being.

The Arabs made great strides in sciences like medicine, physics, chemistry, geography, astronomy and navigation which the Europeans later used to chart their own progress. The Arab contribution played a crucial role in the Industrial Revolution of Europe and the phenomenal progress the West has made over the past several centuries. Terms like alchemy, algebra, cipher and countless others that are derived from Arabic are a tribute to the deep imprint the Muslims have left on the world at large.

And the first House of Wisdom, or Dar al Hikmah in Arabic, established during the Abbasid era in Baghdad was at the heart of this great intellectual movement that transformed the greater Middle East and the world. The House of Wisdom, constructed by Caliph Al Mansour in AD762, was home to a great library and was the first of its kind centre that promoted scientific research, dialogue and publications. Thousands of books were translated from Greek, Latin, Sanskrit and other languages. The House of Wisdom heralded the golden era of Islam with Muslim scientists making great breakthroughs in all areas. When the Mongol armies ran over the Middle East and destroyed the House of Wisdom at Baghdad in 1258, River Tigris ran black for months and years. This was the ink of all those books and manuscripts dumped in Tigris in their thousands by the invaders. So there is great historical symbolism in the new House of Wisdom unveiled by Shaikh Mohammed.

The knowledge initiative by the Mohammed bin Rashid Al Maktoum Foundation, set up with an initial grant of $10 billion by the Dubai Ruler, is the boldest attempt yet to revive that golden era of Islam. Muslims have long taken pride in their past glory patting themselves all the time for the achievements of their ancestors. It is time to prove they are worthy of their great inheritance.

The 15 initiatives by the House of Wisdom, from setting up world class universities to investing in top-notch research and publication centres and from offering scholarships to setting up knowledge centres, seek to restore the glory of Islamic past by harnessing the culture of learning and scientific inquiry that once distinguished the Muslims. The Dubai initiative has sowed the seeds of a knowledge revolution in the heart of the Muslim world. However, given the immense nature of the challenge the Muslims face, this one initiative alone wouldn't be enough. It needs to be emulated and replicated across the globe - in every corner of the Muslim world. Like always, Dubai is showing the way. And as always, Shaikh Mohammed is leading by example on this front. Who and how many Muslim leaders are willing to follow him? It takes great vision and courage to show the way. It needs even greater courage to follow in someone else's footsteps. Who is prepared to join the revolution?

(Aijaz Zaka Syed is a senior editor and columnist of Khaleej Times.)

Dr. ABM Mahbubul Islam

Dean, Faculty of Law, Bangladesh Islami University

Recently a demand has been raised as to the banning of Jama`ati Islami Bangladesh (JIB) from various corners. The demand is nothing new but it has been going on for last 36 years, right from the year of independence that is 1971, specially during the month of December, as it is the month of independence. But the issue of this year seems to be different or to say serious than any point of the past. But who and why the demand augmented in this year? They are mostly the secularists & socialist and ultra nationalists based political parties and individuals who have been demanding for said banning. They demand for two things, that is the trial of people belonging to JIB as war criminals and banning of JIB and disqualifying it from Contesting in any elections including parliamentary one. Both issues require a lengthy discussion. But in this article at focus will be made on the issue of banning of polities of JIB only. How far this demand is based on facts and laws or how far the demand is legal are to be discussed here briefly.

Positions of Islamic parties in Post Independence Bangladesh.: Jama`ati Islami was born in 1941 in British India. In 1947 it started working as Jama`ati Islami Pakistan and Jama`ati Islami Hind and in Bangladesh in 1979. Upon the creation of Bangladesh, the post independence government of Sheikh Mujibur Rahman banned all political parties that had Islamic names and activities thereof. Some of the parties banned were Muslim League, Pakistan Democratic Party (PDP), Islami Democratic Party, Nezami Islam Party, Jama`ati Islami and so on. Some of the prominent leaders & their parties respectfully are Mr. Nurul Amin, Mawlana Abdul Mannan Mawlana Athar Ali & Prof. Gholam Azam.

Constitutional position of banning: shape with the promulgation of constitution of Bangladesh in 1972. As Article 12 (Which was repealed in 1977 by proclamation order No 1 of 1977) provided that, "The principle of secularism shall be realized by the elimination of a) Communalism in its all forms; (b) the granting by the state of political states in any religion; (c) The abuse of religion for Political purposes; (d) any discrimination against or persecution of particular religion.

The same was the case with the proviso of Art. 38 of the Constitution which was more or less like the Art. 12 as well which permitted banning of religion based politics. That proviso was also repealed from constitution.

Islamic Politics-Free Bangladesh for six Years: There was no political parties in the name of Islam & Muslim in Bangladesh from 1971 (16th December) to 1977. It was due to two reasons. Firstly due to banning of existing Islamic Parties then and secondly, due to the existence of Art. 12 and provision of Art 38 of the Constitution of Peoples' Republic of Bangladesh. These constitution provisional prohibited from forming of a religion based parties that had political agenda. However, this provision did not cause any affect to religious groups other than Islam. Because, it is only the Islam which has all types of program ranging from ritual, personal, social, political, financial, judicial, educational, cultural, moral, spiritual etc. It makes Islam the complete philosophy or the complete way of life. The prohibitory provisions were actively implemented and observed by the post independence government which tried to make the country as pure secular one. For doing so not only all Islamic political parties were banned but also actions were taken against their leaders.

By virtue of the 4th amendment Sheikh Mujib, the president then, was given absolute power to form a national party at the exclusion of all other existing parties and that he did in 1975. The new party emerged as Bangladesh Krishak Sramik Awami League (BAKSAL). The appearance of which automatically banished all existing political parties by virtue of part VIA of 5the amendment of 1974, 25the January. As 117 A (2) says, when an order is made (national party is formed), all political parties in the state shall stand dissolved and the president (Sheikh Mujib) shall take all steps necessary for the formation of the National party.

The formation of BAKSAL, automatically dissolved all existing parties, such as NAP, communist parties (CPB), JSD including Awamy League. Upon the killing of Sheikh Mujibur Rahman by the military and with counter revolution Ziaur Rahman became Chief Marshal Law Administration. He promulgatedPolitical Parties Ordinance 1978 (PPO, 1978) and abolished article 12 and provision of article 38 from the constitution. The PPO, 1978 permits the formation of political parties irrespective of religious or non religious character which is locally known as multi political democracy. Based on that late Ziaur Rahman formed Bangladesh Nationalist party (BNP), and Abdul Malik Okil formed or to say revived Awamy League, and all banned political parties such as NAP, JSD and Jama`ti -Islami reemerged. However, Jama`ati Islami amended its name as Jama`ati Islami Bangladesh and started its activities.

All Islamic parties including JIB are the constitutionally authorized legal parties. It means the activities of all Islamic parties are within the preview of the law of the land that is the constitutional law - the supreme law of the country. It means any challenge for its operation shall be based on the provision or authorization of the supreme law of the country that is the constitution of Bangladesh nothing more nothing less. Recently some one referred Art 20 of Special Power Act, (SPA) 1974 to justify the banning of religion based politics that affects JIB. The said sect, 20 provides that, "No person shall form, or be a member of or otherwise take part in the activities of, any communal or other association or union which in the name or on the basis of any religion has for its object, or purpose, a political one. Where as the government satisfied ttt the association or union concerned shall stand dissolved and all its properties and funds shall be forfeited to Government. The violation of the law shall be punishable with imprisonment for a term which may extend to three years or with fine or both". (Section 20 (1), (2) (3) of SPA, 1974).

This section is almost a replica of Art. 12 (repealed) and proviso of Art. 38 of the constitution which barred forming of religion based parties that had political agenda. This provision of SPA would not give any effect for banning of any religion-based political parties on the ground that it is inferior to the supreme law of the country that is constitution, secondly it was promulgated in 1974 after the introduction of the constitution. Thirdly, it contradicts the Art. 7(2) and Art 26, 27 & 28 of the constitution. As Art. 7 (2) says, "tthe constitution is t the supreme law of the Republic and if any law is inconsistent with this Constitution to that extent of this inconsistency is void. Art 26(1) provides, "al existing laws inconsistent with the provisions of this part shall, to the extent of such inconsistency, become void on the commencement of this constitution". Fourthly, due to the existence of Art. 27 and 28 whichs provides for equality of all citizen and non discrimination of the citizen on the basis of religion. Art. 27 says, "All citizen are equal before law and entitled for equal protection of law. Art. 28 says, "The state shall not discriminate against any citizen on grounds of only religion, race, caste, sex or place of birth. Jama`at and other Islamic parties must have the protection of the above laws like all other citizen of the republic. If not it will be a violation of the law of the land the supreme law.

As such, sect 20 of SPA 1974 contradicts the constitutionally guaranteed formation of political parties by all. The SPA was promulgated after the promulgation of the constitution in 1972. In the hierarchical dimension the constitution is the older and supersedes the SPA as it is subsequent comer to the arena and Art. 7(2) of the constitution provides very clearly that any law promulgated after the operation of this constitution that after 1972, shall be void automatically if it contradicts the constitution. In this case sect. 20 contradicts the constitution. It is ultra vires to the constitution. Therefore, section 20 of SPA 1974 could not be pleaded in this regard for banning or even taking any action whatsoever against JIB or any Islamic parties even any non-Islamic party. Any insistence on this regard would tantamount to the willful disregard of the supreme of the republic of Bangladesh. As such, under no existing law any of the Islamic parties including JIB be banned. If so it will be against the supreme law of the country that would cause a havoc to the nation.

The JIB is not a secret or an out lawed organization. It has been functioning for last 66 years in Asian sub-continent and almost 30 years in Bangladesh. It has its own constitution, election manifestoes, work policy and it has been an allied with all prominent parties like BNP and AL and it had a share in the government for a five years term from 2001 -2006. Nothing barred them from having alliance with BNP and Awamy League and forming of government as a partner of an alliance with immediate past government, and contenting in all level of polls to represent the people of this country for last 30 years. Then what would be the pleading for its banning now? If it has done any wrong under existing law or even any law of the past, then why did the all governments including the government of Sheikh Mujib, Shekh Hasina, Ziaur Rahman and Ershad not take any action against them during their reign for last 36 years. In fact there is no existing domestic or international law to take any lawful action against a constitutionally granted parties whichaver they may be. There is no existing law in Bangladesh even not at anywhere in the world to ban the JIB other than the law of jungle. The existence of Islamic political parties are not only in Bangladesh but all over the Muslim world including Palestine, Iraq, Afghanistan, Turkey, Malaysia, Indonesia, Pakistan and all middle east and west Asian countries. If they could exist with Islamic color why not in Bangladesh despite being a constitutionally guaranteed lawful parties? An illegal man can only take illegal actions not the man of wisdom and prudence! There is only way of banning is that: the government or judiciary has to prove that the appearance of Islamic parties was illegal, they violate their own constitution or the constitution of the Republic, or they are acting in the interest of foreign force etc. can these be proved. If there is proof that may be true with regards to those who are opposing the Islamic polities

There is a proverb that small mind speaks about individual, average mind speaks about society and sound mind speaks about ideas. Present controversy has nothing to do with ideas that is legal points. Being a Muslim, every body should have professed, practiced and propagated Islam. The objectionists should have done the same as they are not free of doing so (being Muslims). Moreover, they should apologetic for not doing so and appreciative to all Islamic parties for representing the cause of Islam and Muslims. It is to be noted that, Islam is not a mere religion of rituals like any other religions. Islam is the complete way of life. It means, it has not only the system of belief and rituals but it has socio-political, financial, cultural, educational, legal, judicial, legislative systems unlike any other religions of the world. To be a Muslim means to accept Islam as a full package holistically not partially. There is no way of partial compliance and observance of Islam. The people who oppose the role and existence of Islam and Islamic political parties are doing so either due to ignorance of Islam or by knowing, due to devilic inspiration. It is not the action of a sensible man to act against the supreme law of the country. Such stand is nothing new but as ancient as the history of devilic inspired people are in this world. It is hoped that for the cause of peace, security and sound development of the nation every concerned body should act peacefully, legally, wisely and prudently. Requirement of a peaceful land is conditionedal to observance of legal framework of the country.

It is to be noted that, there is no law to hinder the taking action against offenders, criminal of whatsoever, but all should be done within the framework of existing law. The government in power must observe law of the land the supreme law that is the constitution and must not bow down to any demand of any one, more importantly the one who speaks against the supreme law of the country and takes laws in their own hands for self aggrandizement.