Mohammad Hashim Kamali
Professor Dato' Dr. Mohammad Hashim Kamali is founding CEO of the International Institute of Advanced Islamic Studies (IAIS) Malaysia.
On Oct 15, 2022 the Afghan Taliban ruler, Mulla Hibatullah Akhundzada, sent another message from his headquarters in Kandahar to call for the nullification of all existing laws in the country and enforcement only of the Sharia, adding that the existing laws be repealed and replaced and that Afghanistan's relations with other countries should also be based on the Sharia.
This is not the first time he has said this and the reason for repeated emphasis is probably the difficulty of implementing a sweeping order of this nature.
Rumour also has it that some internal dissension in the Taliban ranks in Kabul is developing due to Hibatullah's unruly decrees. This order to enforce only the Sharia throws the country, its government and justice system into an unprecedented legal vacuum.
Afghanistan's government and court practice are entrenched in its previous constitutions, its Civil Code 1976 (over 2,300 articles) and its Criminal Code 1977 (over 523 articles and a large number of other statutes). Setting all these aside at a moment's notice is irresponsible especially for a government that lacks professional background and experience.
The order is also oblivious of history in that past governments normally enforced the Sharia side-by-side with government decrees and policy decisions. These had existed in various names such as Nizamnama, Firman, Qanun, etc. Hibatullah's decree insisting that only the Sharia and nothing else should apply in Afghanistan is, therefore, ill-informed and unrealistic.
Except for some banking laws that are also changing due to the progressive introduction of Islamic banking, all the laws of Afghanistan are either Sharia based or Sharia compliant. Besides, most of Afghanistan's constitutions contain the so-called Repugnancy Clause, providing that no law in Afghanistan may be contrary to the Sharia and basic principles of Islam.
At a time when Afghanistan is grappling with poverty and economic problems, the Taliban are focused on religious and gender issues that are oblivious to the people's needs. Many of Mulla Hibatullah's previous decrees have similarly been problematic.
The Taliban decision over a year ago to close secondary schools for girls blatantly violated their fundamental right of education. The girls' schools remain closed to this day despite persistent public demand to reopen them.
The general public, including religious leaders, parents, women and girls, have emphasised education as a basic right and an Islamic requirement - all of which have fallen on deaf ears.
The UN Secretary-General Antonio Guterres, the European Union, Afghanistan's neighbours and numerous other countries have urged the Taliban to reopen the girls' schools immediately – all to no avail.
Earlier on July 29, 2022 (7 Thawr 1401 of the Afghan calendar), the Afghan people celebrated the National Flag Day of Afghanistan with the traditional tricoloured (black, red and green) flags, but contrary to expectations, the Taliban government ceremonially raised their own white coloured flag and the matter became a media issue.
Commentators noted that the Taliban government should have also celebrated the public event together with the people. But they followed their own agenda regardless. It was publicly emphasised that the tricolour flag was not changed by any other government ever since its adoption under Amir Habibullah in 1899 CE.
Afghanistan had many regime changes from monarchy to republic to communism, Mujahidin, Islamic Republic and now Islamic Emirate. None had attempted to change the national flag which had become part of the Afghan identity and had much sentimental attachment. No country has officially recognised the Taliban government. It has become public knowledge in Afghanistan and abroad that official recognition will not happen unless the Taliban grant the legitimate demands of their own people, open the girls' schools and set up an inclusive government that also includes women.
The Taliban have not only turned a deaf ear to these calls but have, on the contrary, taken an obsessive focus on women's rights, their public appearance on the screens and their role in television and the media - not only introducing veils for all but surprisingly also specifying that women should wear only black attire.
These specifications have not been welcomed by the people and appear to follow the Iranian model. The fact that the Taliban have not changed the composition of their Taliban-only government violates their own initial promise that they will introduce an inclusive government.
Then, the Taliban government also abandoned the constitutionally mandated practice of presidential election that Afghanistan had practised in recent decades. As soon as the Taliban took office on Aug 15, 2021, they abolished the Ministry of Women Affairs and introduced a new ministry of Promotion of Good and Prevention of Evil.
On July 28, Mulla Hibatullah announced that all the existing laws of Afghanistan were man-made and have no credibility - only the divinely-ordained Sharia was the applied law of Afghanistan. The Taliban reconfirmed what they had practised that there will be no democracy and only the Sharia will apply.
Afghanistan has traditionally subscribed to constitutional and parliamentary government, initially introduced under King Amanullah in 1923, and subsequently elaborated and reformed under the 1964 constitution. Although almost every subsequent regime change in Afghanistan was espoused with a new constitution, most of these retained a participatory government model.
Democracy was also upheld side by side with the Sharia. The Taliban regime have abandoned that, it has no Constitution nor has it declared as to what type of government or political system they are applying.
Mohammad Hashim Kamali is founding chief executive officer of the International Institute of Advanced Islamic Studies Malaysia.
Published in: The New Straits Times (online), Tuesday 18 October 2022
The meeting of some 3,000 religious leaders from across Afghanistan in Kabul on July 1-3 ended with an 11-item resolution that received a mixed reception by the Afghan people, and was seen as falling short of addressing public expectations.
Mullah Hibatullah Akhundzada, who was formally declared as Head of the Islamic Emirate of Afghanistan (IEA), attended the meeting that was touted as a Loya Jirga, a grand assembly, but became, at a short notice, a large get-together of clerics.
This meeting was expected to consider and approve a plan of action and policy outline of the IEA that is still unknown even after 11 months of the Taliban takeover of power on August 15, 2021.
It failed to address issues such as allowing girls access to secondary education, with schools closed under the Taliban for almost a year. The 11-point resolution was also silent on a new constitution.
Commentators were critical of the fact that women were not included in the meeting.
It was widely publicised that in the discussion, only two participants from Balkh province raised the issue of the girls' schooling.
Mullah Hibatullah was quoted only to have said that "oppressors and despots should no longer be entrusted with public office", evidently reaffirming the much-criticised Taliban monopoly of political power in Kabul.
Soon after the resolutions were publicised on July 3, a large meeting was held by the women representatives in Kabul in protest against the Taliban preclusion of women in the meeting and silence over the much-expected reopening of the secondary schools for girls.
A separate meeting of teachers was also held in Kabul to protest that the meeting remained aloof to people's demands.
The resolutions spoke on issues of concern to the Kabul government and demanded the international community recognise the IEA and and resume normal relations with it.
The 11-item resolution also declared full support for Mullah Hibatullah's leadership and lauded the ulama for becoming effective political leaders of Afghanistan.
Yet, the Taliban themselves have remained non-responsive to what the world expected of them regarding women's rights to education, and the formation also of an inclusive government.
The meeting was occupied by non-issues, the so-called shop talk about the new era of Taliban leadership, and changes spearheaded by Mullah Hibatullah.
The Taliban are introducing changes that people can hardly be expected to accept. The traditional Loya Jirga historically consisted of people's representatives, but was changed to an ulama-only platform.
The religious leaders are thus arrogating to themselves powers that amount to overruling the constitution and customary convention.
They seem to be creating the Iranian Supreme Leader in the person of Mullah Hibatullah and beginning to arrogate to him extra-constitutional powers without mentioning a constitution or the rule of law.
In one or two interviews that were given immediately after the meeting by the Taliban spokesmen, themselves mullahs, there was much talk that ulama were the true spokesmen of the people and that the people of Afghanistan look up to them and will never go against their wishes.
This is in line with the Taliban actual behaviour in office over the longer stretch of time, the fact that they are keeping to themselves and do not seek popular engagement. This is just a repeat of Taliban dictatorship in a new garb.
There is no talk of elections, a constitution, or good governance, not just in the last few days, but ever since the Taliban rule.
The modern history of Afghanistan is one of persistent struggle for these purposes and now the people's trust is being played with by a group of dogmatic rulers who have little regard for democracy, good governance and the rule of law.
The people of Afghanistan have known that the purpose of a constitution is to mark a transition from the rule of persons to the rule of law and commitment to serve the people and not a group of self-willed dictators by any name.
Mohammad Hashim Kamali is founding chief executive officer of the International Institute of Advanced Islamic Studies Malaysia.
Published in: The New Straits Times (online), Wednesday 06 July 2022
QURAN (lit. a reader) is the name that occurs in the Holy Book itself (al-Qiyamah, 75:17), but the Quran also records a total of 55 names for itself, including Nur (light), Huda (guidance), Rahmah (mercy), Dhikr (reminder), Hikmah (wisdom), Kitab (book), Furqan (distinguisher), Shifaa (healing) among others.
Quran is defined as God's speech revealed to Prophet Muhammad through Archangel Gabriel in Arabic. It is the world's most widely read book, and also written about, and translated into almost all spoken languages among Muslims.
Muslims are required to read parts of the Quran in their daily prayers. Hence, every Muslim commits parts of Quran to memory, but outside the ritual prayers (salah) Muslims also read and recite the Quran and commit it to memory as acts of spiritual merit.
Imam Abu Hanifa was of the view that salah could be performed by reciting translated verses of the Quran, a view that is not, however, supported by the Hanafi school, including his two leading disciples, Abu Yusuf and al-Shaybani.
This is because the Quran itself declares that it is revealed in Arabic. Hence, it is generally held that a translation cannot be said to be the "Quran".
The Quran itself declares (97:1) that it was revealed on the Night of Honour (Laylatul Qadr, or Night of Power, as Qadr is a homonym).
Muslim scholars have, however, no less than eight different views on the timing of Nuzul al-Quran, including Ramadan 1, 17, 19, 21, 23, 27, the night of the Battle of Badr or one the middle 10 days of Ramadan. But first we look at how the Quran itself describes the Night of Honour.
The text declares that it was revealed on the Night of Honour (Laylatul Qadr ‒ henceforth LQ), which lasts from sunset to sunrise. LQ is further described as a "blessed night" (laylah mubarakah) that is better (khayrun) than one thousand months (97:1-5).
On this night, the angels and the Spirit (Archangel Gabriel) descend from on-high to the heavens above the Earth to honour the event of Nuzul al-Quran.
To say that the Quran was revealed on the Night of Honour signifies a single night. We also know from actual history that the Quran was revealed piecemeal to Prophet Muhammad in about 23 years.
This clearly signifies two separate instances of Quranic revelation: one of which occurred in a single night, when the whole of the Holy Book was revealed from an unknown place, said to be the Lawh al-Mahfuz (Preserved Tablet), and then it was sent gradually to Prophet Muhammad.
Most of the text (about 85 of the total of 114 surah) was revealed in Mecca and the rest in Medina.
The Quran does not specify the actual timing of LQ but numerous Muslim scholars have thought it to be in the last 10 days of Ramadan, most likely on the 27th night – based on reports attributed to the Companion Abdullah Ibn Abbas.
Imam Shafie has mentioned the most likely dates, however, to be either the 21st or 23rd night of Ramadan. But many leading Shafie scholars have mentioned the 27th.
Another Companion, Anas bin Malik, had reportedly said that LQ occured on the first night of Ramadan. According to another view, based on a hadith narrated by Companions Ibn Abi Arqam and Abdullah ibn Masud, LQ occured on the 17th night of Ramadan.
They have explained that the Quran was revealed on the night of the Battle of Badr, and they support this with their reading of a verse of the Quran in Surah al-Anfal (8:41).
Another view on the dating of LQ, attributed to Companion Osman ibn Abi al-Aas, and a renowned successor, Hasan al-Basri, as well as some Shafie and Maliki scholars, maintain that it occured on one of the middle 10 nights of Ramadan.
Three renowned companions, Ali ibn Abi Talib, Zayd ibn Thabit and Abdullah ibn Masud, maintain that LQ was on the 19th night of Ramadan.
The last view on the dating of LQ says that it occured in one of the last 10 nights of Ramadan but that it is not the same night every year; it may fall on different nights from year to year.
This is due to their combined reading of different hadith mentioning different dates wherein the prophet himself was reported to have observed supererogatory prayers to mark the event of LQ.
With so much variation, Muslim scholars have then concluded that God Most High has left a degree of ambiguity in the timing of LQ so as to engage the ummah in research and ijtihad in its quest.
They add further: it is somewhat like not declaring the Hour of Acceptance (sa'at al-ijabah) on Fridays as an incentive to worshippers to engage themselves in prayer and supplication.
Similar uncertainty obtains with regard to God's Greatest Name (al-Ism al-Azam) that occurs in His 99 Excellent Names (al-Asma al-Husna) but unknown which, nor is the Day of Resurrection made known so that believers are engaged in pious activities in anticipation.
Muslim scholars have even recommended that one who sees the Lalatul Qadr not to declare it.
The wisdom of this advice may be that witnessing LQ signifies piety and spiritual distinction and declaring it may mean self-commendation, not quite in line with the typical humility that characterises Islam.
Mohammad Hashim Kamali is founding chief executive officer of the International Institute of Advanced Islamic Studies Malaysia.
Published in: The New Straits Times, Tuesday 19 April 2022
The Islamic Emirate of Afghanistan's ban on secondary education for girls announced on March 23 backtracked their earlier statement on reopening of schools for all students (boys and girls).
The ban was met with a chorus of denunciation and disdain by the Afghan population, seven months after schooling was suspended.
The ban on girls' secondary education is basically dogmatic, emanating from, in my view, a deep-seated prejudice against women.
Who can in their right mind and in the name of Islam and Afghan culture take such a retrogressive step in the face of the ubiquitous emphasis in the Quran and hadith on learning and the Afghan traditional appreciation for knowledge!
The Education Ministry spokesman also mentioned that the ban came from the top (i.e, Mulla Hibatullah Akhundzada), referred to as Commander of the Faithful (Amir al-Mu'minin), indicating perhaps that the ministry had not proposed it.
Civil society, especially women leaders, parents and the girls themselves, are calling this as the "darkest day" and an intellectual blow for Afghanistan.
Parents spoke with emotion that their daughters were eagerly preparing to return to school. Many were seen crying at their school gates and elsewhere wiping their tears.
Former deputy education minister Thurayya Paikan, prominent women rights advocates Mahbuba Siraj and Monesa Mubariz, Afghanistan's former ambassador to Norway Shukria Barakzai, Strategic Studies Centre of Afghanistan director Atif Mokhtar, and leader of the Party for Intellectual Advancement of Afghanistan Saleem Paygir, among others, spoke forcefully in denunciation of the ban, coming also on the heels of similar restrictions on women's right to work.
The Taliban have no right to make such a momentous decision, especially when they lack popular mandate and came to power through coercive methods.
Seven months after their takeover, no country has yet to officially recognise the Taliban government.
Spokesmen and women leaders were askanced as to what kind of a society does the Taliban want. What do they try to make of Afghanistan — and what is their endgame? They have not explained their plans and programmes.
Former president Hamid Karzai had suggested earlier that the Islamic emirate should convene the traditional Loya Jirga (grand national assembly) and seek approval for their actions.
All are asking for immediate reversal of the ban, adding that the emirate is responsible in respecting and upholding people's rights, not to violate them.
Siraj and Paikan noted that people had remained patient and appreciative of the peace they enjoyed after some 40 years of turmoil, but that may be running out.
Civil protests on the streets of Kabul and provinces, especially by schoolgirls, has already started and likely to grow wider.
Paikan further noted that the Islamic emirate was breaking the promise made earlier that all schools will be opened after months of closure; the Taliban should know that breaking a promise is unacceptable in Islam.
Barakzai added that the Taliban were moving Afghanistan further away from progress and civilisation, wasting the hard-earned gains of the past decades.
The Afghan people and the international community seem to be seeing more of the fanatic side of the Taliban that has not changed since the 1990s when they ruled Afghanistan for five years (1996‒-2001).
The UN Security Council issued a resolution asking the emirate for immediate removal of the ban and opening of all schools.
The United States, European Union and virtually all leading countries of Europe have denounced the decision as a violation of basic rights and unacceptable. The US scheduled meeting in Doha on March 26 with a view to normalise relations was also cancelled.
I had quoted one of the Taliban spokesmen, Suhail Shaheen, who said the Taliban had changed from 20 years ago as they realised some of the mistakes they made and changed their views, especially with regard to female education that they now approve of.
It seems that this is not so. The fanatic side of Taliban has not changed.
On a more symbolic note perhaps, the Afghan people generally felt it was unnecessary and verged on self-styled dogmatism when months earlier, the Taliban replaced the traditional tri-coloured national flag of Afghanistan with their own white flag.
Both exhibited the same testimonial of the faith (the shahada) and there was no need to change the flag.
Published in: The New Straits Times, Friday 01 April 2022
EVENTS are still unfolding but expectations are already dampened by the Taliban's performance in government after four months in power. Up to late December last year, only Malaysia has officially recognised it.
This is perhaps not highly significant given the fact that Malaysia has no diplomatic mission in Kabul and deals with Afghanistan through its embassy in Qatar.
Pakistan is generally seen to have actively supported the Taliban takeover of power in August last year but it has yet to officially recognise it.
The United States has not recognised the Taliban and according to its Secretary of State, Antony Blinken, it is not likely to do so unless the Taliban changes its stance on inclusivity and human rights, especially of women's rights to work and education.
Due to legitimacy issues, Washington is refusing to release US$10 billion of Afghanistan's reserves in the US despite public outcry in Afghanistan that those funds are sorely needed.
Other countries tend to follow the US and have refused recognition for similar reasons, saying that the Taliban should act on its promises first.
The Taliban considers the prevailing non-recognition as less than acceptable and unfair.
The Taliban maintains — and confirmed in a Jan 4 interview with First Deputy Prime Minister Mullah Baradar — that it fulfils all the requirements of recognition, take credit that security prevails under it, and that its policies are people-friendly and responsive to actual developments.
Earlier comments by some of the Taliban spokesmen claimed that the Taliban is not the same group as the one of 20 years ago (when it was in power from 1996 to 2001) and has changed in many ways.
Yet, it has not budged on its negative stance on women's rights despite the frequent comments by international commentators that the Taliban should change this.
Public expectations that the Taliban will be a people's government are also dampened due to a series of restrictions it is imposing on public activities. Media representatives are complaining of many restrictions.
An earlier announcement by the Taliban Ministry for the Promotion of Good and Prevention of Evil said the media should expose people to that which is good and beneficial and avoid coverage of futile activities.
There is talk that the Taliban is clamping down on music. People are expected to wear beards and the traditional shalwar-kameez outfit. Internally displaced and unemployed people are growing in numbers and further swelling the existing problems of poverty and deprivation.
The fears of drastic food shortages and increasing economic problems add to the gloomy outlook. About 90 per cent of Afghans currently live below the poverty line.
Banks were closed for weeks before it reopened but are still far from returning to their normal pace of activities. Government employees and workers are complaining of not receiving their salaries for months amid widespread unemployment.
There are fears of an impending humanitarian disaster due to worsening food shortages and rising prices. Recent announcements that the import trade volumes are declining is indication of an economic slowdown.
This is despite an earlier announcement by Pakistan that it is allowing India's export of food and medicine to Afghanistan though its territory.
Time is not on the Taliban's side. Problems are piling up and the people's view of it is also turning negative.
It bought time earlier by saying publicly that it needed to consult internally among themselves and formulate new policies, that it was new in office and had inherited a corrupt regime and so forth.
Instead, the Taliban has gradually come up with more restrictions and issued few reassuring statements to respond to public concerns.
What policies the leadership was consulting about and formulating should perhaps be discussed in the open and deliberated for better results.
People expect more effective measures to curb food supply shortages, declining market situations and financial activities.
The value of the Afghan currency, Afghani, versus the US dollar is in a free fall. It was 80 Afghani some months ago but it is now 104. Trading volumes in the Kabul Market and other major cities have also declined.
All this give fodder to the rumour that the Taliban is likely to collapse due to lack of funds, ineffective governance and lack of international support.
Published in: The New Straits Times, Sunday 09 January 2022
Many of Islam’s leading principles are premised on the idea of the responsibility, individual or collective, of the faithful to be useful members of society and be good to their fellow humans, which is also why Islam places greater emphasis on the notion of obligation (wājib) as compared to right (ḥaqq). The primacy of wājib over ḥaqq in Islam has even led some Orientalists to the conclusion that Islam hardly recognizes any rights for the individual. This is, however, no more than a specious conclusion as Islamic law clearly recognizes rights and liberties attached to the individual person such as ownership, privacy, movement, inheritance, guardianship and many others. The primacy of wājib over ḥaqq is premised on the notion of what one owes to others, rather than on one’s own claims or rights over them. We shall presently elaborate on this while also looking at the related concepts of iḥsān (benevolence), jiwār (neighborliness), khayr (good), and also taṣawwuf (mysticism).
A parallel concept to wājib in shari‘a terminology is farḍ: When an obligation is founded on decisive evidence, it is farḍ, but when its supportive evidence is not free of all doubt, it is designated as wājib. There are two types of farḍ: personal obligation (farḍ ‘ayn) and collective obligation (farḍ kifā’ī). The former consists mainly of matters of worship (‘ibādāt) whereas the latter consists of collective duties that fall on the community as a whole.
A prime example of a collective obligation that occurs in several places in the Qur’an (3:104; 3:110; 16:90; 32:70) is that of “bidding good and forbidding evil (amr bi’l-ma‘rūf wa nahya ‘an al-munkar,” also known as ḥisba for short, a collective obligation which falls mainly on the Muslim community. As a collective obligation, ḥisba is practiced by at least some members of Muslim community, if not all. As for the question of whether ḥisba is what Muslims must do among themselves, or if it should also include all human beings, the correct answer is the latter ‒ as is inferred from the Qur’an (3:110) where the Muslim community (umma) is mentioned side by side with humankind. Muslims must therefore call to all that is good and to forbid all that is wrong, not only among themselves, but among all fellow humans, Muslim and non-Muslim alike. This is because the principal guideline given elsewhere for Muslims, specifically, is to be “good and fair (tabarrū wa-tuqsiṭū)” to non-Muslims who have not been aggressive toward them (Qur’an 60:8). There is also a consensus among Muslim scholars that bidding good and forbidding evil should be carried out by all societies, for the Qur’an refers to the scope of this duty as extending to “the whole of humankind,” which includes both the Muslim umma and all other communities (cf. 3:110).
Furthermore, as a religion (dīn), Islam consists of three parts: faith (īmān), practice (islām), and benevolence (iḥsān). Iḥsān literally means “excellence” and “beauty” in one’s character and one’s spiritual state. Iḥsān and its derivatives occur 190 times in the Qur’an, often in reference to God Most High who loves beauty and also expects the faithful person to be a muḥsin, one who persists in iḥsān. Over time, the practice of Islam became manifest through the shari‘a, whereas faith (īmān) became institutionalized through scholastic theology (kalām) and other forms of doctrinal teachings, and iḥsān manifested its presence through ethics, good manners (akhlaq, adab) and mysticism (Sufism). Mysticism nurtures gratitude to God, abstenance from evil, freedom from egotism, and ultimately eternal salvation. The perfect human is one who beautifies not only the outer, but also the inner self. In other words, both the faith and practice of Islam should be beautiful. In a hadith, it is stated that “God has prescribed iḥsān in all things.” It is for the faithful, therefore, to discern the good and ethical course of action in every circumstance and practice it. Iḥsān can also be understood to mean that Muslims owe it to their fellow human beings to be good to them and act toward them in beautiful ways. Iḥsān as such is not even confined to religion, and applies to all activities a Muslim does. It is certainly important for present-day Muslims to practice iḥsān in their interaction with fellow humans, with both Muslims and non-Muslims in all countries as neighbours, compatriots and fellow humans that need to work together to address common challenges they all face, such as the climate change, environmental issues and the Covid pandemic. In another hadith, the Prophet Muhammad addressed the faithful saying: “Whoever believes in God and the Last Day should speak something good or else remain silent.”
The focus of traditional mystical practice, or taṣawwuf, is to attain iḥsān through the purification of the heart and personal character so as to achieve holistic purity (tazkiya, zuhd – purity and asceticism respectively). The master Sufi, Rumi, conveyed the message of love for all human beings beyond the boundaries of race and religion. Iḥsān may also consist of material help, some of which is obligatory, such as the zakāh charity, and others which are supererogatory (ṣadaqa), as well as the charitable endowment (waqf). The waqf is supererogatory to begin with, but once it is made, the endower (wāqif) is bound by it and loses all control over the endowed assets. Muslims have throughout history used waqf for public welfare activities such as building mosques, bridges, hospitals, etc., that benefited both Muslims and non-Muslims; and they continue to do so throughout the Muslim world. As for the question of whether charity, be it zakāh or ṣadaqa, is to be given to Muslims only or may also be given to non-Muslims, the correct answer is the latter, for religion is not a bar to charity. This is because the Qur’an does not specify the recepient’s religion as a condition for charity. There is also the precedent of the second Caliph ‘Umar ibn al-Khattab (d. 644) on record, that when passing through the market of Medina, the Caliph saw an elderly Jew begging. He assigned him a share in the Bayt al-Māl (the public treasury funded by zakāh) saying that it was unfair that he contributed to the Bayt al-Māl during his youth and should now have to be begging. Records also show that the Prophet sent some sacrificial meat to a Jewish household of Medina in the neighbourhood. Furthermore, the scriptural sources of Islam recognize two levels of fraternity: al-ikhā’ al-dīnī (fraternity in faith) and al-ikhā’ al-insānī (human fraternity); hence religion is not a bar to giving charity and extending iḥsān to the non-Muslims.
Islamic teachings also emphasize good neighborliness, which is not confined to those in one’s physical neighborhood, or living adjacent to one’s household, but also includes those who share joint ownership of land, partnership in business, fellow travellers, one’s relatives and so forth – all are considered “neighbors”. Moreover, the physical neighborhood itself extends, according to a hadith, to forty houses on all sides, Muslims and non-Muslims alike ‒ and juristic details abound on what may or may not mark the end of a neighborhood, such as a street or a water canal running between, etc. This same hadith entitles all neighbors to respectful treatment, protection from harm and annoyance, happy encounter, greetings of peace, and gift-giving. According to Qur’an 4:36 one’s parents and relatives, neighbors who are relatives and those who are non-relatives, are all entitled to iḥsān. In one hadith the Prophet has said that the “[Archangel] Gabriel emphasized the rights of the neighbor so much to me that I almost thought he was going to make him an heir.” In another hadith the Prophet declared: “By God he has no faith, by God he has no faith, by God he has no faith!” His companions asked him: “Who is this O Messenger of God?” The Prophet replied: One whose neighbor does not feel safe from his evil.” A neighbor may be anyone: Muslim or non-Muslim, pious or sinner, urbanite or bedouin, benevolent or malicious, relative or stranger, high class or low, distant or near – all are entitled to safety and iḥsān. On the rights of neighbors, Abu Hamid al-Ghazali (d. 1111) also writes that one should greet his neighbor with “Salām (Peace)” (for non-Muslims it may be the the customary equivalent of “Salām”), visit him when ill, console him when afflicted with calamity and share his happiness in good fortune, ignore his minor failings, avoid staring at one’s female neighbors, protect his house when he is traveling or absent, be kind to his children, and guide him if he is ignorant, be it in religion or other practical matters.
When the Prophet migrated to Medina there were Jewish tribes there, as well as two other major tibes of Aws and Khazraj that soon embraced Islam and became known as the Anṣār (Helpers), joining the Muhājirūn (Emigrants) who migrated from Mecca to Medina. Within the first year of his arrival, the Prophet drew up a treaty that became known as Dustūr al-Madīna (Constitution of Medina) that regulated relations between Muslims and non-Muslims.This 47 clause document granted to the Jewish population of Medina freedom of religion, and went so far as to declare them as part of the newly formed umma. The Medinan Jews also retained their Bayt al-Midras (a synagogue and educational institute). There are also the many treaties that the Prophet and later his Companions made with Christian groups that recognize their autonomy in their own affairs.
During the second caliph ‘Umar ibn al-Khattab’s time, a group of Muslims had usurped a piece of land belonging to a Jewish man, and had constructed a mosque on the site. Learning of the incident, the caliph ordered the demolition of the mosque and the restoration of the land to the Jewish man. In a similar incident, an Umayyad ruler had occupied a church in order to enlarge a mosque. Later when the case was brought before the caliph ‘Umar ibn ‘Abd al-Aziz (d. 720), he ordered to demolish part of the mosque and restore the church. Both the theoretical guidelines and actual history of Islam are consistent on extending fairness and iḥsān to non-Muslims and maintenance good relations with them so long as they are not oppressive to the Muslims.
The current realities of human life, including globalization with its vastly improved and efficient electronic communication networks, digitization and Big Data, etc., are also bound to change the traditional concepts of neighborhood. It seems that all people are now neighbors in the cyberspace, social media, and other modes of contact. We are all affected by major events in any part of the world, and thus we are neighbors virtually if not in person; and from the Islamic perspective, we owe to one another the treatment that al-Ghazali has articulated. It is especially pertinent to remind ourselves of these Islamic teachings during our present time of affliction and disease. The current pandemic – Covid 19 ‒ claims lives in vast numbers and in all parts of the world, regardless of race and religion, and we all need to be helpful and protective of one another in the true spirit of fraternity and iḥsān.
Published in: The Maydan, Monday 20 December 2021
THIS is the second time the Taliban formed a government in Afghanistan. They were in office for five years (1996-2001) at the end of the Mujahidin political turmoil and came to power peacefully like they did after Ashraf Ghani fled to Dubai on Aug 15.
The old Taliban government was credited for two things: establishing security and eradicating opium cultivation and trade. They were also discredited for their prejudice against women and obsession with beards and clothes.
As an insurgent group, they had fought for 20 years to oust foreign occupiers and implement syariah law. They have thrown out the Americans and formed an Islamic emirate to implement syariah law.
Questions, however, remain about their understanding of syariah, whether doctrinaire or more pragmatist.
Syariah provides space for social customs and management styles through siyasah shar'iyyah (syariah-oriented policy), which has enabled rulers to issue syariah-compliant decrees, nizam, firman, etc.
Later, they announced that the Taliban government will be participatory. The caretaker government, however, only consisted of themselves.
The Taliban's somewhat sudden takeover had alarmed the international community.
No country has officially recognised the Taliban government even after two months, despite all the friendly noises they made about being keen to forge friendly relations with all countries.
Pakistan, the Taliban's main sponsor, has yet to give it official recognition. The Americans left Afghanistan abruptly, perhaps to cause turmoil in Kabul, which it did, thus ending their occupation.
All this is reflective of a bad ending. In the 20 years of American occupation, the security situation and poverty in Afghanistan went from bad to worse. The streets of Kabul were no longer safe and beggars were seen everywhere.
Drug addiction, which was not an issue in the country before, skyrocketed in that time. So did official corruption. This was also the assessment of Afghan discussants at a panel organised by the Kabul Noor TV network recently.
Ghani once jokingly said at least half of the national budget was being devoured by corrupt officials in the Finance Ministry. He himself allegedly stole an incredible US$169 million when he disgracefully fled Kabul with plane-loads of US dollars.
Someone with a military rank was recently alleged by the Taliban to have helped Ghani with his quick looting and robbery of Afghan banks. A month later, when Ghani announced in Dubai that he wanted to return, the Taliban set one condition: return all the stolen money.
With the Taliban back in power, there was an exodus of affluent people to foreign countries, mainly Pakistan and Europe. The Taliban are short of funds, yet the United States government refuses to return close to US$10 billion of Afghan assets.
The Kabul financial market declined as a result and banks stayed closed in the first week of the takeover. Though some opened later, they were still inactive.
The Americans seem to have given up on Afghanistan, just as the Taliban turned east over the support shown by the non-participation of Americans at the Moscow conference and the fundraising this month by 10 countries, including Afghanistan's neighbours.
This was followed by the European Union announcing €1 billion in aid to avert a humanitarian disaster in Afghanistan.
The Taliban do have grassroots support, mainly due to their Islamic credentials and relatively cleaner record on official corruption. Yet, their prejudice against women and the Shia and poor human rights record erode their popularity.
The Panjshir opposition under popular leader Ahmad Massoud has apparently subsided, but a new resistance front made up of civil society notables, including Marshall Dostam, Ata Mohammad Nur, Hossein Qanuni, Mohammad Muhaqqiq and Ishaq Gailani, seems to be brewing.
Their main purpose is political opposition, especially against the Taliban's lack of engagement with political and civil society groups.
Afghanistan's neighbours have shown willingness to join fund-raising efforts to avert a much-feared economic collapse and to prevent more refugees from fleeing to their countries.
The international community's hitherto hostility towards the Taliban has been deemed by Taliban spokesmen to be groundless as they only wish to build good relations with others and lay the foundations for good governance.
They have also appealed to the people for support. Yet, it seems that unless the Taliban begin to act on what they say, promises alone are not likely to have any impact.
Their future, it would seem, is largely in their own hands — at least for the time being.
Published in: The New Straits Times, Thursday 28 October 2021
AFGHAN President Ashraf Ghani arrived on June 25 in Washington on an official visit, leading a large delegation of officials, including Dr Abdullah Abdullah, chairman of the Afghan High Council for National Reconciliation; Amrullah Saleh, the first deputy president; Hamdullah Mohib, the national security adviser; and, a planeful of other officials.
He and Abdullah's meeting with President Joe Biden did not lead to any new decision and the United States president merely covered the familiar ground that America will continue to assist Afghanistan, but that the withdrawal plan announced last April remains on schedule.
The withdrawal is due to complete by Sept 11, 2021, a symbolic date, perhaps to suggest that the US military had accomplished its purpose of avenging the Sept 11, 2001, Twin Tower attacks.
The visit comes in the midst of worsening security situation in Afghanistan and increased Taliban insurgency, when much of the US and North Atlantic Treaty Organisation forces have already left. The withdrawal led the Taliban to believe that they have won the war and, therefore, in no need of further negotiation.
This was one of the Taliban's two original demands: withdrawal of the foreign forces, and implementation of syariah law. Their triumphant posture may also explain why they halted the Doha peace talks with the Afghan government and the scheduled peace conference in Istanbul as well, which was due to be held last April.
Ghani's leadership also suffers from a credibility deficit as he has not played his role well in the peace process in the past and has missed opportunities for bringing peace. The Afghan people and the Kabul government do not seem to be on the same page.
While the people want the foreign forces out, Ghani's regime sees its continuity in office linked to the foreign military presence. The people are eager for peace to end the four decades of war, but Ghani seems to want that on his own terms. Delays and disruptions in the Doha peace talks also raises questions that there are elements in Kabul that do not want peace.
When the US Secretary of State Anthony Blinken visited Kabul last April and presented a negotiated peace plan, Ghani declined to endorse it as it involved the formation of a transitional government to facilitate the peace process. Ghani announced, instead, that he can only be replaced through a general election.
Clearly another missed opportunity for peace on questionable grounds. People jokingly said Ghani is more interested in completing his second term in office than in bringing peace. He was apparently less than happy when the US (under Trump) negotiated with the Taliban first (and signed an agreement with them — in February 2020).
The Kabul government also suffers from internal disunity and weaknesses at a time when about 60 per cent of the country is under Taliban control. Even though this has so far not included provincial capitals nor a whole province and confined to the outlying areas and districts, that scenario is fast approaching. According to US intelligence reports, Ghani's government will most likely fall in less than six months of the foreign troop withdrawal.
Afghan analysts were furthermore critical of Ghani's June 26 speech at the US Congress. Afghanistan under Ghani has been witness to increased poverty and unemployment, widespread drug addiction, raging Taliban violence and worsening security situation. Kabul is no longer safe.
People are killed in broad daylight by gangsters and criminals and there is widespread suspicion that police corruption is a part of it. Ghani makes out that the country is doing well under him thanks to American help. Instead of engaging the Congress on ways to improve matters, he filled his speech with formalities and half-truths.
Ghani's main purpose was seeing if Washington would delay the withdrawal of its remaining forces. Here again, the Afghan people welcome the voluntary end to military occupation. Yet, since there is no political formula for peace, the troop withdrawal may leave a vacuum and increase the risk of a Taliban takeover.
The Afghan people are also apprehensive of Taliban rule, and suspect that they will roll back many gains of the past 20 years on democracy and people's rights. The Taliban renewed assertion that they are supportive of female education and people's rights is also seen less than credible.
Afghan political analysts thought that Ghani's expensive visit (the plane rental alone cost US$1,200,000 of public funds) to Washington was inopportune since the US had already announced their plan on force withdrawal and is not likely to change, and that Washington has probably also lost confidence in Ghani's leadership, indicated perhaps in a somewhat muted welcome ceremony on arrival and a mere half-hour time slot allocated for a meeting with Biden.
This turns out to be the case now that the visit is almost over and has led to no new decisions to what was already known before.
Published in: The New Straits Times, Tuesday 29 June 2021
The phrase nuzul al-Quran (revelation of the Quran) is taken from the Quran itself, proclaiming God Almighty's affirmation that "We have indeed revealed this (Quran) in the Night of Power — Laylat al-Qadr".
The rest of this short chapter (No. 108) of only five verses describes the Night of Power, a night during the month of Ramadan wherein came the Angels and the archangel Gabriel bringing down the Quran.
The Quran was revealed to Prophet Muhammad (pbuh) over a period of 23 years, but here it is said that the Quran was revealed in a single night — believed to be in the last 10 nights of Ramadan — signifying two instances of revelation, one from the Preserved Tablet (al-lawh al-mahfuz) when the Quran was sent to the nearest heaven, and from there the Prophet began to receive it piecemeal.
This is the phenomenon of graduality (tadarruj, also tanjim) that becomes a characteristic feature of the Quranic studies, side by side with others, such as Tajwid (incantation), Asbab al-Nuzul (occasions of revelation), Tafsir (commentary) and others.
The Quran is the world's most widely read book, and also written about, translated in all languages known to Muslims.
The Quran has a chapter titled Al-Qalam (the pen, Ch. 68) — the ubiquitous emphasis the Quran places on knowledge ('Ilm) gave Islam the reputation of a "literary religion". The Prophet of Islam had no miracle other than the Quran. It raised the Arabic language beyond precedent.
It is written in dense and highly allusive elliptical speech, neither poetry nor prose, but unique in its own genre and style.
Muslims often say that when they read the Quran in a translation, they feel that very little of the beauty of the Arabic text is conveyed. The monumental Tafsir works represent a continuing feature of the Quranic knowledge throughout the ages, and it comes in numerous genres.
The earliest is the one based on valid precedent, known as Tafsir bi'l-Ma'thur, such as the renowned Tafsir al-Tabari by Abu Ja'far ibn Jarir al-Tabari (d. 923), that explains the text by the sayings and precedents of the Prophet and his Companions; Tafsir al-Kashshaf (also known as Tafsir al-Ma'ani) by Abul-Qasim Mahmud al-Zamakhshari (d. 1144) that expounds the words, idioms and literary features of the text; Tafsir al-Kabir by Fakhruddin al-Razi (d. 1210) that is strong in interpretation from the Sufi and spiritual viewpoints.
Quranic teachings are focused on belief in God, prophethood, man and the universe, the hereafter, disputation with disbelievers and hypocrites, historical narratives, the earth and its natural environment.
Major Quranic principles include the vicegerency of humans in the earth, building the earth and a just social order therein, justice, promoting good and preventing evil, charity, faith and morality, purity of character, and environmental care.
The Quran is distinguished by its pluralistic outlook on human communities; it is cognisant of the validity of previous revelations, and mentions that there is guidance and light in the revealed books preceding the Quran, and designates itself as an "affirmations of that which came before it".
The Quran consists of 114 chapters and 6,235 verses of unequal length. There are chapters titled al-Insan (the human being), al-Mu'minun (the faithful), al-Anbiya (the prophets), al-Kafrun (disbelievers), al-Shams (sun), al-Layl (night), al-Fajr (dawn), al-'Asr (time), al-An'am (animals), al-Naml (the ant), al-Nahl (honey bee), al-Fil (elephant), al-Tin (fig tree), al-Shura (consultation) and Al-Balad (city).
The longest is al-Baqarah (Ch. 2:286 verses) and the shortest, Kawthar (a water pool in Paradise), that consists of only three verses (Ch. 108).
The text was revealed in Makkah and Madinah, 85 chapters were revealed in Makkah in over 12 years of the Prophet's mission, and the remainder in 10 years after his migration (Hijrah) in Madinah. These mark two distinctive phases in the style and contents of the Holy Book.
The Makki Quran consists of short and concise sentences yet intense in their appeal to the hearts and minds of its readers. It is devoted to the essentials of belief, morality and enlightenment, fighting the hard crusts of Ignorance (Jahiliyyah), idolatry and tribalism.
Reports indicated that many prominent individuals embraced Islam after listening to passages from the Quran. The Medinese parts of the Quran are serene by comparison and pay attention to other subjects, such as war and peace, commerce, family, marriage, divorce, inheritance and interfaith relations.
Published in: The New Straits Times, Thursday 29 April 2021
The Inter-Afghan Negotiations (IAN) that started last September between the Taliban and the Afghan government turns out to be a protracted waiting game.
The talks began due to great urgency and expectations of the Afghan people, who are eager to see the end of some four decade-long of devastating war with great hopes that the IAN will bring peace.
The Taliban had a two-point agenda: American and North Atlantic Treaty Organisation (Nato) forces to leave Afghanistan, and implementation of syariah in the self-proclaimed Islamic Republic of Afghanistan.
The Afghan government led by President Ashraf Ghani asserts bringing peace to the war-torn country, but that he is the country's elected leader until his term ends in 2024. The Jamiyat Party of Afghanistan suggests that a transitional government takes over to facilitate peace.
Ghani's continuity almost certainly depends on the continued stay of American troops, currently at 5,000 (reduced from 100,000 deployed under the Obama administration), which is enough to deter a Taliban offensive.
Being under United States occupation, the realities are such that no significant decision is made in Kabul without American approval. The Afghan army is currently on the American payroll amounting to over US$5 billion per year, a sum that Kabul cannot pay from its own meagre budget.
The Doha talks have hitherto made no progress simply because all sides were awaiting the US presidential election results.
President Donald Trump has declared that the US troops will leave Afghanistan in near terms without specifying a date, but March has been mentioned as the target date. Now that he has lost the election, the waiting continues until the new president takes office. The Taliban are also waiting for renewed American assurance on the February 2020 agreement they signed with the Trump administration.
The Taliban have refused to sign a ceasefire agreement to pave the way for a peace pact, and have chosen the path of violence.
They have stepped up guerilla attacks against Afghan forces and caused heavy civilian casualties.
Prior to the February agreement, Taliban attacks on Afghan forces also invoked a US military response, which kept the violence within limits, but casualty rates had also become heavier since then. For over two months, the Doha talks between 21-member negotiating teams on each side were engaged in trivialities: What expressions they should be using at the talks and what should or should not be placed on the agenda.
The Taliban want their movement to be referred to as a legitimate jihad, and they refuse to refer to the Afghan government as an Islamic republic until Kabul accedes to their demand.
To call the Taliban's bloody raids on Afghan security forces a jihad would be suicidal for Kabul and generally unacceptable.
Yet the Taliban do have grassroots support, which may however be dwindling due to their belated killing sprees that have become particularly brutal under Mullah Hibatullah's leadership.
The Trump administration has not taken a clear stance on these raids although the US envoy for peace talks, Zalmay Khalilzad, had said that this degree of violence from the Taliban was not acceptable.
Protracted waiting with no clear end in sight may also raise a more sinister question: Do they (Taliban and the Afghan government) want peace?
If the US does not want peace, which is the understanding most Afghans seem to have, then those who are attached to them may also share the same attitude.
Moreover, the Taliban militarism and its suspected al-Qaeda links suggest that they most likely aim for a military takeover of Kabul and peace is not likely to deliver that prize.
The Kabul government has also missed opportunities for peace in recent months and a continuation of status quo is an option as it would likely prolong the American military presence.
Ghani's internal bickering with Afghan High Council for National Reconciliation chairman Dr Abdullah Abdullah has also led to indecision. Rumour has it that Dr Abdullah prioritises peace, whereas Ghani wants peace on his own terms.
The latter is also less than happy with the way the Taliban became the first party to sign an agreement with the Americans.
The Doha talks have yet to enter its proper agenda. It is uncertain but likely that the Taliban will take issue with the current constitution of Afghanistan with reference particularly to equality clauses for women and implementation of syariah. They also suggest that an ulama council be formed to take charge of implementing syariah.
Such demands will be met with resistance as prominent women leaders and civil society are critical of the Taliban's view on women. So, protracted negotiations are likely to continue, and may be more of the same with the waiting game. What remains to be said is that they all owe it to their conscience, country and people to drop petty delaying tactics and work sincerely for a peaceful Afghanistan.
Published in: The New Straits Times, Wednesday 09 December 2020