On Pakistan and the Theory & Practice of the Islamic State: An Excerpt from the Munir Report of 1954

On Pakistan and the Theory & Practice of the Islamic State: An Excerpt from the Munir Report of 1954

 

From REPORT of THE COURT OF INQUIRY constituted under PUNJAB ACT II OF 1954 to enquire into the PUNJAB DISTURBANCES OF 1953 “Munir Report”

 

“ISLAMIC STATE
It has been repeatedly said before us that implicit in the demand for Pakistan was the demand for an Islamic State. Some speeches of important leaders who were striving for Pakistan undoubtedly lend themselves to this construction. These leaders while referring to an Islamic State or to a State governed by Islamic laws perhaps had in their minds the pattern of a legal structure based on or mixed up with Islamic dogma, personal law, ethics and institutions. No one who has given serious thought to the introduction of a religious State in Pakistan has failed to notice the tremendous difficulties with which any such scheme must be confronted. Even Dr. Muhammad Iqbal, who must be considered to be the first thinker who conceived of the possibility of a consolidated North Western Indian Muslim State, in the course of his presidential address to the Muslim League in 1930 said:

“Nor should the Hindus fear that the creation of autonomous Muslim States will mean the introduction of a kind of religious rule in such States. The principle that each group is entitled to free development on its own lines is not inspired by any feeling of narrow communalism”.

When we come to deal with the question of responsibility we shall have the occasion to point out that the most important of the parties who are now clamouring for the enforcement of the three demands on religious grounds were all against the idea of an Islamic State. Even Maulana Abul Ala Maudoodi of Jama’at-i-Islami was of the view that the form of Government in the new Muslim State, if it ever came into existence, could only be secular.

Before the Partition, the first public picture of Pakistan that the Quaid-i-Azam gave to the world was in the course of an interview in New Delhi with Mr. Doon Campbell, Reuter’s Correspondent. The Quaid-i-Azam said that the new State would be a modern democratic State, with sovereignty resting in the people and the members of the new nation having equal rights of citizenship regardless of their religion, caste or creed. When Pakistan formally appeared on the map, the Quaid-i-Azam in his memorable speech of 11th August 1947 to the Constituent Assembly of Pakistan, while stating the principle on which the new State was to be founded, said:—

 

“All the same, in this division it was impossible to avoid the question of minorities being in one Dominion or the other. Now that was unavoidable. There is no other solution. Now what shall we do? Now, if we want to make this great State of Pakistan happy and prosperous we should wholly and solely concentrate on the well-being of the people, and specially of the masses and the poor. If you will work in co-operation, forgetting the past, burying the hatchet, you are bound to succeed. If you change your past and work together in a spirit that every one of you, no matter to what community he belongs, no matter what relations he had with you in the past, no matter what is his colour, caste or creed, is first, second and last a citizen of this State with equal rights, privileges and obligations., there will be no end to the progress you will make. “I cannot emphasise it too much. We should begin to work in that spirit and in course of time all these angularities of the majority and minority communities—the Hindu community and the Muslim community— because even as regards Muslims you have Pathana, Punjabis, Shias, Sunnis and so on and among the Hindus you have Brahmins, Vashnavas, Khatris, also Bengalis, Madrasis and so on—will vanish. Indeed if you ask me this has been the biggest hindrance in the way of India to attain its freedom and independence and but for this we would have been free peoples long long ago. No power can hold another nation, and specially a nation of 400 million souls in subjection; nobody could have conquered you, and even if it had happened, nobody could have continued its hold on you for any length of time but for this (Applause). Therefore, we must learn a lesson from this. You are free; you are free to go to your temples, you are free to go to your mosques or to any other places of worship in this State of Pakistan. You may belong to any religion or caste or creed— that has nothing to do with the business of the State (Hear, hear). As you know, history shows that in England conditions sometime ago were much worse than those prevailing in India today. The Roman Catholics and the Protestants persecuted each other. Even now there are some States in existence where there are discriminations made and bars imposed against a particular class. Thank God we are not starting in those days. We are starting in the days when there is no discrimination, no distinction between one community and another, no discrimination between one caste or creed and another. We are starting with this fundamental principle that we are all citizens and equal citizens of one State (Loud applause). The people of England in course of time had to face the realities of the situation and had to discharge the responsibilities and burdens placed upon them by the Government of their country and they went through that fire step by step. Today you might say with justice that Roman Catholics and Protestants do not exist: what exists now is that every man is a citizen, an equal citizen, of Great Britain and they are all members of the nation. “Now, I think we should keep that in front of us as our ideal and you will find that in course of time Hindus would cease to be Hindus and Muslims would cease to be Muslims, not in the religious sense, because that is the personal faith of each individual, but in the political sense as citizens of the State”.

The Quaid-i-Azam was the founder of Pakistan and the occasion on which he thus spoke was the first landmark in the history of Pakistan. The speech was intended both for his own people including non-Muslims and the world, and its object was to define as clearly as possible the ideal to the attainment of which the new State was to devote all its energies. There are repeated references in this speech to the bitterness of the past and an appeal to forget and change the past and to bury the hatchet. The future subject of the State is to be a citizen with equal rights, privileges and obligations, irrespective of colour, caste, creed or community. The word ‘nation’ is used more than once and religion is stated to have nothing to do with the business of the State and to be merely a matter of personal faith for the individual.

 

We asked the ulama whether this conception of a State was acceptable to them and everyone of them replied in an unhesitating negative, including the Ahrar and erstwhile Congressites with whom before the Partition this conception was almost a part of their faith.

 

If Maulana Amin Ahsan Islahi’s evidence correctly represents the view of Jama’at-i-Islami, a State based on this idea is the creature of the devil, and he is confirmed in this by several writings of his chief, Maulana Abul Ala Maudoodi, the founder of the jama’at. None of the ulama can tolerate a State which is based on nationalism and all that it implies; with them millat and all that it connotes can alone be the determining factor in State activity.

 

The Quaid-i-Azam’s conception of a modern national State, it is alleged, became obsolete with the passing of the Objectives Resolution on 12th March 1949; but it has been freely admitted that this Resolution, though grandiloquent in words, phrases and clauses, is nothing but a hoax and that not only does it not contain even a semblance of the embryo of an Islamic State but its provisions, particularly those relating to fundamental rights, are directly opposed to the principles of an Islamic State.

 

 

FOUNDATIONS OF ISLAMIC STATE

What is then the Islamic State of which everybody talks but nobody thinks? Before we seek to discover an answer to this question, we must have a clear conception of the scope and function of the State.

The ulama were divided in their opinions when they were asked to cite some precedent of an Islamic State in Muslim history. Thus, though Hafiz Kifayat Husain, the Shia divine, held out as his ideal the form of Government during the Holy Prophet’s time, Maulana Daud Ghaznavi also included in his precedent the days of the Islamic Republic, of Umar bin Abdul Aziz, Salah-ud-Din Ayyubi of Damascus, Sultan Mahmud of Ghazni, Muhammad Tughlaq and Aurangzeb and the present regime in Saudi Arabia. Most of them, however, relied on the form of Government during the Islamic Republic from 632 to 661 A. D., a period of less than thirty years, though some of them also added the very short period of Umar bin Abdul Aziz.

Maulana Abdul Haamid Badayuni stated that the details of the ideal State would be worked out by the ulama while Master Taj-ud-Din Ansari’s confused notion of an Islamic State may be gathered from the following portion of his interrogation :—

“Q.—Were you also in the Khilafat movement ?
A.—Yes.
Q.—When did the Khilafat movement stop in India ?
A.—In 1923. This was after the Turks had declared their country to be a secular State.
Q.—If you are told that the Khilafat movement continued long after the Turks had abolished Khilafat, will that be correct?
A.—As far as I remember, the Khilafat movement finished with the abolition of the Khilafat by the Turks.
Q.—You are reported to have been a member of the Khilafat movement and having made speeches. Is it correct ?
A.—It could not be correct.
Q.—Was the Congress interested in Khilafat ?
A.— Yes.
Q.—Was Khilafat with you a matter of religious conviction or just a political movement ?
A.— It was purely a religious movement.
Q.— Did the Khilafat movement have the support of Mr Gandhi ?
A.—Yes.
Q.— What was the object of the Khilafat movement ?
A.— The Britisher was injuring the Khilafat institution in Turkey and the Musalman was aggrieved by this attitude of the Britisher.
Q.— Was not the object of the movement to resuscitate the Khilafat among the    Musalmans ?
A.—No.
Q.— Is Khilafat with you a necessary part of Muslim form of Government ?
A.—Yes.
Q.— Are you, therefore, in favour of having a Khilafat in Pakistan ?
A.—Yes.
Q.— Can there be more than one Khalifa of the Muslims ?
A.— No.
Q.— Will the Khalifa of Pakistan be the Khalifa of all the Muslims of the world ?
A.— He should be but cannot be.”

Throughout the three thousand years over which political thought extends, and such thought in its early stages cannot be separated from religion, two questions have invariably presented themselves for consideration : —

(1) what are the precise functions of the State ? and
(2) who shall control the State ?

If the true scope of the activities of the State is the welfare, temporal or spiritual or both of the individual, then the first question directly gives rise to the bigger question:

What is the object of human life and the ultimate destiny of man? On this, widely divergent views have prevailed, not at different times but at one and the same time. The pygmies of equatorial West Africa still believe that their God Komba has sent them into the forest to hunt and dance and sing. The Epicureans meant very much the same when they said that the object of human life is to drink and eat and be merry, for death denies such pleasures. The utilitarians base their institutions on the assumption that the object of human life is to experience pleasant sensations of mind and body, irrespective of what is to come hereafter. The Stoics believed in curbing and reducing all physical desires, and Diogenes found a tub good enough to live in. German philosophers think that the individual lives for the State and that therefore the object of life is service of the State in all that it might decide to undertake and achieve. Ancient Hindu philosophers believed in the logic of the fist with its natural consequence, the law of natural selection and the struggle for survival. The Semitic theory of State, whether Jewish, Christian or Islamic, has always held that the object of human life is to prepare ourselves for the next life and that, therefore, prayer and good works are the only object of life. Greek philosophers beginning with Socrates thought that the object of human life was to engage in philosophical meditation with a view to discovering the great truths that lie in nature and that the business of the others is to feed the philosophers engaged in that undertaking.

Islam emphasises the doctrine that life in this world is not the only life given to man but that eternal life begins after the present existence comes to an end, and that the status of a human being in the next world will depend upon his beliefs and actions in this world. As the present life is not an end in itself but merely a means to an end, not only the individual but also the State, as opposed to the secular theory which bases all political and economic institutions on a disregard of their consequences on the next life, should strive for human conduct which ensures for a person better status in the next world.

According to this theory Islam is the religion which seeks to attain that object. Therefore the question immediately arises : What is Islam and who is a momin or a Muslim ? We put this question to the ulama and we shall presently refer to their answers to this question. But we cannot refrain from saying here that it was a matter of infinite regret to us that the ulama whose first duty should be to have settled views on this subject, were hopelessly disagreed among themselves.

Apart from how these learned divines have expressed themselves, we conceive of Islam as a system that covers, as every systematic religion must, the following five topics :—
(1) the dogma, namely, the essentials of belief ;
(2) the cult, namely, religious rites and observances which a person must
perform ;
(3) ethics, i. e. rules of moral conduct ;
(4) institutions, social, economic and political ; and
(5) law proper.

The essential basis of the rules on all these subjects is revelation and not reason, though both may coincide. This coincidence, however, is accidental because human reasoning may be faulty and ultimate reason is known only to God, Who sends His message to humanity through His chosen messengers for the direction and guidance of the people. One must, therefore, accept the dogma, observe the cult, follow the ethics, obey the law and establish institutions which God has revealed, though their reason may not be apparent—nay even if they be opposed to human reason. Since an error by God is an impossibility, anything that God has revealed, whether its subject be something occult or preternatural, history, finance, law, worship or something which according to human thought admits of scientific treatment as for instance, birth of man, evolution, cosmology, or astronomy, has got to be accepted as absolute truth. The test of reason is not the acid test and a denial of this amounts to a denial of the supreme wisdom and designs of Allah—it is kufr. Now God has revealed Himself from time to time to His favoured people of whom our Holy Prophet was the last. That revelation is contained in the Qur’an and covers the five topics mentioned above. The true business of a person who believes in Islam is therefore to understand, believe in and act upon that revelation. The people whom God chooses as medium for the transmission of His messages are rasuls (messengers) or nabis (prophets). Since every action or saying of a prophet is, in the case of our own Holy Prophet it certainly was, prompted by Allah, it has the same degree of inerrancy as the formal revelation itself, because prophets are ma’sum, incapable of doing or saying something which is opposed to Divine wishes. These sayings and actions are sunna having the same infallibility as the Qur’an. The record of this sunna is hadith which is to be found in several books which were compiled by Muslim scholars after long, laborious and careful research extending over several generations.

The word hadith means a record of actions or sayings of the Prophet and his companions. At first the sahaba. i. e. people who had lived in the society of the Prophet, were the best authority for a knowledge of the sunna. Later people had to be content with the communications of the tabi’un, i. e. successors, people of the first generation after the Holy Prophet who had received their information from the sahaba, and then in the following generations with the accounts of the so-called successors of the successors (tabi’ul-tabi’un), i.e. people of the second generation after the Holy Prophet, who had concerted with the successors. Marfu’ is a tradition which contains a statement about the Prophet ; mawquf, a tradition that refers only to the sayings or doings of the sahaba ; and maqtu’ a tradition which does not at most go further back than the first generation after the Holy Prophet and deals only with sayings or doings of tabi’un. In some of the ahadith the actual word of God is to be found. Any such tradition is designated Hadith-i-Qudsi or Ilahi as distinguished from an ordinary Hadith-i-Nabvi.

A very large portion of sayings ascribed to the Prophet deals with the ahkam (legal professions), religious obligations, halal and haram (what is allowed and forbidden), with ritual purity, laws regarding food and criminal and civil law. Further they deal with dogma, retribution at the Last Judgment, hell and paradise, angels, creation, revelations, the earlier prophets. Many traditions also contain edifying sayings and moral teachings by the Holy Prophet. The importance of ahadith was realised from the very beginning and they were not only committed to memory but in some cases were reduced to writing. The work of compilation of hadith began in the third century after the Hijra and the Sihah Sitta were all compiled in that century. These are the musannifs of —
(1) Al-Bukhari, died 256/870,
(2) Muslim, died 261/875,
(3) Abu Dawud, died 275/888,
(4) Al-Tirmizi, died 279/892,
(5) All Nasa’i, died 303/915, and
(6) Ibn-i-Maja, died 273/886.

According to modern laws of evidence, including our own, the ahadith are inadmissible evidence of sunna because each of them contains several links of hearsay, but as authority on law they are admissible pro prio vigore. The merit of these collections lies not so much in the fact that (as is often wrongly stated) their authors decided for the first time which of the numerous traditions in circulation were genuine and which false but rather in the fact that they brought together everything that was recognised as genuine in orthodox circles in those days.

The Shias judge hadith from their own stand-point and only consider such traditions reliable as are based on the authority of Ali and his adherents. They have, therefore, their own works on the subject and hold the following five works in particularly high esteem—
(1) Al-Kafi of Muhammad b. Yaqub Al-Kulini, died 328/939,
(2) Man La Yastahdiruhu’ul-Fakih of Muhammad b. Ali b. Babuya Al-Kummi,
died 381/991,
(3) Tahdib Al-Ahkam,
(4) Al-Istibsar Fi-Ma’khtalafa Fihi’l-Akhbar (extract from the preceding) of
Muhammad Altusi, died 459/1067, and
(5) Nahj Al-Balagha (alleged sayings of Ali) of Ali b. Tahir Al-Sharif Al-Murtaza, died 436/1044 (or of his brother Radi Al-Din Al-Baghdadi.)

After the ritual, the dogma and the most important political and social institutions had taken definite shape in the second and third centuries, there arose a certain communis opinio regarding the reliability of most transmitters of tradition and the value of their statement. The main principles of doctrine had already been established in the writings of Malik b. Anas, Al-Shafi’i and other scholars regarded as authoritative in different circles and mainly on the authority of traditional sayings of the Holy Prophet. In the long run no one dared to doubt the truth of these traditions and this almost conclusive presumption of truth has since continued to be attached to the ahadith compiled in the Sihah Sitta.

We have so far arrived at this result that any rule on any subject that may be derived from the Qur’an or the sunna of the Holy Prophet is binding on every Musalman. But since the only evidence of sunna is the hadith, the words sunna and hadith have become mixed up with, and indistinguishable from, each other with the result that the expression Qur’an and hadith is not infrequently employed where the intention is to refer to Qur’an and sunna.

At this stage another principle, equally basic, comes into operation, and that is that Islam is the final religion revealed by God, complete and exhaustive in all respects, and that God will not abrogate, detract from or add to this religion (din) any more than He will send a fresh messenger. The din having been perfected (Akmalto lakum dinokum, Sura V, verse 3), there remains no need for any new code repealing, modifying or amplifying the original code; nor for any fresh messenger or message. In this sense, therefore, prophethood ceased with the Holy Prophet and revelation stopped for ever. This is the doctrine of the cessation of wahi-i-nubuwwat.

If the proposition that Muslim dogma, ethics and institutions, etc., are all based on the doctrine of inerrancy, whether such inerrancy lies in the Qur’an, the sunna, ijma’ or ijtihad-i-mutlaq, is fully comprehended, the various deductions that follow from it will be easily understandable. As the ultimate test of truth, whether the matter be one of a ritual or political or social or economic nature, is revelation and revelation has to be gathered from the Qur’an, and the sunna carries almost the same degree of inerrancy as revelation and the only evidence of sunna is hadith, the first duty of those who desire to establish an Islamic State will be to discover the precise rule applicable to the existing circumstances whether that rule is to be found in the Qur’an or hadith. Obviously the persons most suited for the purpose would be those who have made the Qur’an and hadith their lifelong study, namely, among the Sunnies, the ulama, and among the Shias, the mujtahids who are the spokesmen of the hidden Imam, the ruler de jure divino. The function of these divines would be to engage themselves in discovering rules applicable to particular situations and they will be engaged in a task similar to that in which Greek philosophers were engaged, with only this difference that whereas the latter thought that all truth lay in nature which had merely to be discovered by individual effort, the ulama and the mujtahids will have to get at the truth that lies in the holy Book and the books of hadith.

The ulama Board which was recommended by the Basic Principles Committee was a logical recognition of this principle, and the true objection against that Board should indeed have been that the Board was too inadequate a mechanism to implement the principle which had brought that body into existence.

Ijma’ means concurrence of the mujtahids of the people, i.e., of those who have a right, in virtue of knowledge, to form a judgment of their own, after the death of the Holy Prophet. The authority of ijma’ rests on the principle of a divine protection against error and is founded on a basal tradition of the Holy Prophet, “My people will never agree in error”, reported in Ibn Maja, By this procedure points which had been in dispute were fixed, and when fixed, they became an essential part of the faith and disbelief in them an act of unbelief (kufr). The essential point to remember about ijma’ is that it represents the agreement of the mujtahids and that the agreement of the masses is especially excluded.

Thus ijma’ has not only fixed unsettled points but has changed settled doctrines of the greatest importance.

The distinction between ijma’ and ijtihad is that whereas the former is collective, the latter is individual. Ijtihad means the exerting of one’s self to the utmost degree to form an opinion in a case or as to a rule of law. This is done by applying analogy to the Qur’an and the sunna. Ijtihad did not originally involve inerrancy, its result being always zann or fallible opinion. Only combined ijtihad led to ijma, and was inerrant. But this broad ijtihad soon passed into special ijtihad of those who had a peculiar right to form judgments. When later doctors looked back to the founding of the four legal schools, they assigned to their founders an ijtihad of the first rank (ijtihad-i-mutlaq). But from time to time individuals appeared who returned to the earliest meaning of ijtihad and claimed for themselves the right to form their own opinion from first principles. One of these was the Hanbalite Ibn Taimiya (died 728). Another was Suyuti (died 911) in whom the claim to ijtihad unites with one to be the mujaddid or renewer of religion in his century. At every time there must exist at least one mujtahid, was his contention, just as in every century there must come a mujaddid.

In Shia Islam there are still absolute mujtahids because they are regarded as the spokesmen of the hidden Imam. Thus collective ijtihad leads to ijma’, and the basis of ijma’ is divine protection against error—inerrancy.

 

 

ESSENTIALS OF ISLAMIC STATE
Since the basis of Islamic law is the principle of inerrancy of revelation and of the Holy Prophet, the law to be found in the Qur’an and the sunna is above all man-made laws, and in case of conflict between the two, the latter, irrespective of its nature, must yield to the former. Thus, provided there be a rule in the Qur’an or the sunna on a matter which according to our conceptions falls within the region of Constitutional Law or International Law, the rule must be given effect to unless that rule itself permits a departure from it. Thus no distinction exists in Islamic law between Constitutional Law and other law, the whole law to be found in the Qur’an and the sunna being a part of the law of the land for Muslim subjects of the State. Similarly if there be a rule in the Qur’an or the sunna relating to the State’s relations with other States or to the relations of Muslim subjects of the State with other States or the subjects of those States, the rule will have the same superiority of sanction as any other law to be found in the Qur’an or the sunna.

Therefore if Pakistan is or is intended to be converted into an Islamic State in the true sense of the word, its Constitution must contain the following five provisions:—

(1) that all laws to be found in the Qur’an or the sunna shall be deemed to be a part of the law of the land for Muslims and shall be enforced accordingly;
(2) that unless the Constitution itself is framed by ijma’-i-ummat, namely, by the agreement of the ulama and mujtahids of acknowledged status, any provision in the Constitution which is repugnant to the Qur’an or sunna shall to the extent of the repugnancy be void;
(3) that unless the existing laws of Pakistan are adapted by ijma’-i-ummat of the kind mentioned above, any provision in the existing law which is contrary to the Qur’an or sunna shall to the extent of the repugnancy be void;
(4) that any provision in any future law which is repugnant to Qur’an or sunna shall be void;
(5) that no rule of International Law and no provision in any convention or treaty to which Pakistan is a party, which is contrary to the Qur’an or the sunna shall be binding on any Muslim in Pakistan.

 

 

SOVEREIGNTY AND DEMOCRACY IN ISLAMIC STATE
That the form of Government in Pakistan, if that form is to comply with the principles of Islam, will not be democratic is conceded by the ulama. We have already explained the doctrine of sovereignty of the Qur’an and the sunna. The Objectives Resolution rightly recognised this position when it recited that all sovereignty rests with God Almighty alone. But the authors of that Resolution misused the words ‘sovereign’ and ‘democracy’ when they recited that the Constitution to be framed was for a sovereign State in which principles of democracy as enunciated by Islam shall be fully observed.

It may be that in the context in which they were used, these words could not be misunderstood by those who are well versed in Islamic principles, but both these words were borrowed from western political philosophy and in that sense they were both wrongly used in the Resolution. When it is said that a country is sovereign, the implication is that its people or any other group of persons in it are entitled to conduct the affairs of that country in any way they like and untrammelled by any considerations except those of expediency and policy. An Islamic State, however, cannot in this sense be sovereign, because it will not be competent to abrogate, repeal or do away with any law in the Qur’an or the sunna. Absolute restriction on the legislative power of a State is a restriction on the sovereignty of the people of that State and if the origin of this restriction lies elsewhere than in the will of the people, then to the extent of that restriction the sovereignty of the State and its people is necessarily taken away. In an Islamic State, sovereignty, in its essentially juristic sense, can only rest with Allah. In the same way, democracy means the rule of the demos, namely, the people, directly by them as in ancient Greece and Rome, or indirectly through chosen representatives as in modern democracies. If the power of the people in the framing of the Constitution or in the framing of the laws or in the sphere of executive action is subject to certain immutable rules, it cannot be said that they can pass any law that they like, or, in the exercise of executive functions, do whatever they like. Indeed if the legislature in an Islamic State is a sort of ijma’, the masses are expressly disqualified from taking part in it because ijma’-i-ummat in Islamic jurisprudence is restricted to ulama and mujtahids of acknowledged status and does not at all extend, as in democracy, to the populace.

 

 

OTHER INCIDENTS OF ISLAMIC STATE ACCORDING TO ULAMA

In the preceding pages we have attempted to state as clearly as we could the principles on which a religious State must be built if it is to be called an Islamic State. We now proceed to state some incidents of such State, with particular reference to the ulamas’ conception of it.

 

 

LEGISLATURE AND LEGISLATION

Legislature in its present sense is unknown to the Islamic system. The religiopolitical system which is called din-i-Islam is a complete system which contains in itself the mechanism for discovering and applying law to any situation that may arise. During the Islamic Republic there was no legislature in its modern sense and for every situation or emergency that arose law could be discovered and applied by the ulama. The law had been made and was not to be made, the only function of those entrusted with the administration of law being to discover the law for the purposes of the particular case, though when enunciated and applied it formed a precedent for others to follow. It is wholly incorrect, as has been suggested from certain quarters, that in a country like Pakistan, which consists of different communities, Muslim and non-Muslim, and where representation is allowed to non-Muslims with a right to vote on every subject that comes up, the legislature is a form of ijma’ or ijtihad, the reason being that ijtihad is not collective but only individual, and though ijma’ is collective, there is no place in it for those who are not experts in the knowledge of the law. This principle at once rules out the infidels (kuffar) whether they be people of Scriptures (ahl-i-kitab) or idolators (mushrikeen).

Since Islam is a perfect religion containing laws, express or derivable by ijma’ or ijtihad, governing the whole field of human activity, there is in it no sanction for what may, in the modern sense, be called legislation.

Questioned on this point Maulana Abul Hasanat, President, Jami’at-ul-Ulama-i-Pakistan says :—

“Q.—Is the institution of legislature as distinguished from the institution of a person or body of persons entrusted with the interpretation of law, an integral part of an Islamic State?
A.—No. Our law is complete and merely requires interpretation by those who are experts in it. According to my belief no question can arise the law relating to which cannot be discovered from the Qur’an or the hadith.
Q.—Who were Sahib-ul-hall-i-wal-aqd
A.—They were the distinguished ulama of the time. These persons attained their status by reason of the knowledge of the law. They were not in any way analogous or similar to the legislature in modern democracy.”

The same view was expressed by Amir-i-Shari’at Sayyad Ata Ullah Shah Bukhari in one of his speeches reported in the ‘Azad’ of 22nd April, 1947, in the course of which he said that our din is complete and perfect and that it amounts to kufr to make more laws.

Maulana Abul Ala Maudoodi, however, is of the opinion that legislation in the true sense is possible in an Islamic State on matters which are not covered by the Qur’an, the sunna, or previous ijma’ and he has attempted to explain his point by reference to the institution of a body of persons whom the Holy Prophet, and after him the khulafa consulted on all matters relating to affairs of State. The question is one of some difficulty and great importance because any institution of legislature will have to be reconciled with the claim put forward by Maulana Abul Hasanat and some other religious divines that Islam is a perfect and exhaustive code wide enough to furnish an answer to any question that may arise relating to any human activity, and that it does not know of any “unoccupied field” to be filled by fresh legislation. There is no doubt that Islam enjoins consultation and that not only the Holy Prophet but also the first four caliphs and even their successors resorted to consultation with the leading men of the time, who for their knowledge of the law and piety could well be relied upon.

In the inquiry not much has been disclosed about the Majlis-i-Shura except what is contained in Maulana Abul Ala Maudoodi’s written statement which he supplied to the Court at its request. That there was a body of men who were consulted is true, but whether this was a standing body and whether its advice had any legal or binding force, seems somewhat doubtful. These men were certainly not elected in the modern way, though their representative character cannot be disputed. Their advice was certainly asked ad hoc, but that they were competent to make law as the modern legislatures make laws is certainly not correct. The decisions taken by them undoubtedly served as precedents and were in the nature of ijma’, which is not legislation but the application of an existing law to a particular case. When consulted in affairs of State, their functions were truly in the nature of an advice given by a modern cabinet but such advice is not law but only a decision.

Nor can the legislature in a modern State correspond to ijma’ because as we have already pointed out, the legislature legislates while the ulama of Majlis-i-Shura who were called upon to determine what should be the decision on a particular point which was not covered by the Qur’an and the sunna, merely sought to discover and apply the law and not to promulgate the law, though the decision when taken had to be taken not only for the purposes of the particular case but for subsequent occasions as a binding precedent.

An intriguing situation might arise if the Constitution Act provided that any provision of it, if it was inconsistent with the Qur’an or the sunna, would be void, and the intra vires of a law made by the legislature were questioned before the Supreme Court on the ground that the institution of legislature itself was contrary to the Qur’an and the sunna.

POSITION OF NON-MUSLIMS

The ground on which the removal of Chaudhri Zafrullah Khan and other Ahmadis occupying key positions in the State is demanded is that the Ahmadis are non-Muslims and that therefore like zimmies in an Islamic State they are not eligible for appointment to higher offices in the State. This aspect of the demands has directly raised a question about the position of non-Muslims in Pakistan if we are to have an Islamic Constitution.

According to the leading ulama the position of non-Muslims in the Islamic State of Pakistan will be that of zimmies and they will not be full citizens of Pakistan because they will not have the same rights as Muslims They will have no voice in the making of the law, no right to administer the law and no right to hold public offices.

A full statement of this position will be found in the evidence of Maulana Abul Hasanat Sayyad Muhammad Ahmad Qadri, Maulana Ahmad Ali, Mian Tufail Muhammad and Maulana Abdul Haamid Badayuni. Maulana Abul Hasanat on being questioned on the subject stated as follows :—

“Q.—If we were to have an Islamic State in Pakistan, what will be the position of the kuffar (non-Muslims)? Will they have a voice in the making of laws, the right of administering the law and the right to hold public offices?
A.—Their position will be that of zimmies. They will have no voice in the making of laws, no right to administer the law and no right to hold public offices.
Q.—In an Islamic State can the head of the State delegate any part of his powers to kuffar?
A.—No.”

Maulana Ahmad Ali, when questioned, said:—
“Q.—if we were to have an Islamic State in Pakistan, what will be the position of the kuffar? Will they have a hand in the making of the law, the right to administer the law and the right to hold public offices ?
A.—Their position will be that of zimmies. They will have no say in the making of law and no right to administer the law. Government may, however, permit them to hold any public office”.

Mian Tufail Muhammad stated as follows :—
“Q.—Read the article on minorities’ rights in the ‘Civil and Military Gazette’ of 13th October, 1953, and say whether it correctly represents your view of an Islamic State? (It was stated in the articles that minorities would have the same rights as Muslims).
A.—I have read this article and do not acknowledge these rights for the Christians or other non-Muslims in Pakistan if the State is founded on the ideology of the Jama’at”.

The confusion on this point in the mind of Maulana Abdul Haamid Badayuni, President, Jami’at-ul-Ulama-i-Pakistan, is apparent from the following: —

“Q.—Have you ever read the aforesaid speech (the speech of the Quaid-i-Azam to the Constituent Assembly of Pakistan on 11th August, 1947)?
A.—Yes, I have read that speech.
Q.—Do you still agree with the conception of Pakistan that the Quaid-i-Azam presented to the Constituent Assembly in this speech in which he said that thereafter there would be only one Pakistan nation, consisting of Muslims and non-Muslims, having equal civic rights, without any distinction of race, religion or creed and that religion would be merely a private affair of the individual ?
A.—I accept the principle that all communities, whether Muslims or non-Muslims, should have, according to their population, proper representation in the administration of the State and legislation, except that non-Muslims cannot be taken in the army or the judiciary or be appointed as Ministers or to other posts involving the reposing of confidence.
Q.—Are you suggesting that the position of non-Muslims would be that of zimmies or any better ?
A.—No. By zimmies are meant non-Muslim people of lands which have been conquered by an Islamic State, and the word is not applicable to non-Muslim minorities already living in an Islamic State. Such minorities are called mu’ahids, i.e. those people with whom some agreement has been made.
Q.—What will be their status if there is no agreement with them ?
A.—In that case such communities cannot have any rights of citizenship.
Q.—Will the non-Muslim communities inhabiting Pakistan be called by you as mu’ahids?
A.—No, not in the absence of an agreement with them. To my knowledge there is no such agreement with such communities in Pakistan.”

So, according to the evidence of this learned divine, the non-Muslims of Pakistan will neither be citizens nor will they have the status of zimmies or of mu’ahids. During the Islamic Republic, the head of the State, the khalifa, was chosen by a system of election, which was wholly different from the present system of election based on adult or any other form of popular suffrage. The oath of allegiance (ba’it) rendered to him possessed a sacramental virtue, and on his being chosen by the consensus of the people (ijma’-ul-ummat) he became the source of all channels of legitimate Government. He and he alone then was competent to rule, though he could delegate his powers to deputies and collect around him a body of men of outstanding piety and learning, called Majlis-i-Shura or Ahl-ul-Hall-i-wal-Aqd. The principal feature of this system was that the kuffar, for reasons which are too obvious and need not be stated, could not be admitted to this majlis and the power which had vested in the khalifa could not be delegated to the kuffar. The khalifa was the real head of the State, all power vesting in him and not a powerless individual like the President of a modern democratic State who is merely to sign the record of decisions taken by the Prime Minister and his Cabinet. He could not appoint non-Muslims to important posts, and could give them no place either in the interpretation or the administration of the law, the making of the law by them, as already pointed out, being a legal impossibility.

This being the position, the State will have to devise some machinery by which the distinction between a Muslim and a non-Muslim may be determined and its consequences enforced. The question, therefore, whether a person is or is not a Muslim will be of fundamental importance, and it was for this reason that we asked most of the leading ulama, to give their definition of a Muslim, the point being that if the ulama of the various sects believed the Ahmadis to be kafirs, they must have been quite clear in their minds not only about the grounds of such belief but also about the definition of a Muslim because the claim that a certain person or community is not within the pale of Islam implies on the part of the claimant an exact conception of what a Muslim is. The result of this part of the inquiry, however, has been anything but satisfactory, and if considerable confusion exists in the minds of our ulama on such a simple matter, one can easily imagine what the differences on more complicated matters will be. Below we reproduce the definition of a Muslim given by each alim in his own words. This definition was asked after it had been clearly explained to each witness that he was required to give the irreducible minimum conditions which, a person must satisfy to be entitled to be called a Muslim and that the definition was to be on the principle on which a term in grammar is defined.

Here is the result : —

Maulana Abul Hasanat Muhammad Ahmad Qadri, President, Jami’at-ul-Ulamai-
Pakistan —
“Q.— What is the definition of a Muslim ?
A — (1) He must believe in the Unity of God.
(2) He must believe in the prophet of Islam to be a true prophet as well as in all other prophets who have preceded him,
(3) He must believe in the Holy Prophet of Islam as the last of the prophets (khatam-un-nabiyin).
(4) He must believe in the Qur’an as it was revealed by God to the Holy
Prophet of Islam.
(5) He must believe as binding on him the injunctions of the Prophet of
Islam.
(6) He must believe in the qiyamat.
Q.—Is a tarik-us-salat a Muslim ?
A.—Yes, but not a munkir-us-salat”

Maulana Ahmad Ali, President, Jami’at-ul-Ulama-i-Islam, Maghribi Pakistan —
“Q.— Please define a Muslim ?
A.—A person is a Muslim if he believes (1) in the Qur’an and (2) what has been said by the prophet. Any person who possesses these two qualifications is entitled to be called a Muslim without his being required to believe in anything more or to do anything more.”

Maulana Abul Ala Maudoodi, Amir Jama’at-i-Islami —
“Q.—Please define a Muslim ?
A.—A person is a Muslim if he believes (1) in tauheed, (2) in all the prophets (ambiya), (3) all the books revealed by God, (4) in mala’ika (angels), and (5) yaum-ul-akhira (the Day of Judgment).
Q.—Is a mere profession of belief in these articles sufficient to entitle a man
to call himself a Musalman and to be treated as a Musalman in an Islamic State ?
A.—Yes.
Q.—If a person says that he believes in all these things, does any one have a right to question the existence of his belief ?
A.—The five requisites that I have mentioned above are fundamental and any alteration in anyone of these articles will take him out of the pale of Islam.”

Ghazi Siraj-ud-Din Munir—
“Q.—Please define a Muslim ?
A.—I consider a man to be a Muslim if he professes his belief in the kalima, namely, La Ilaha Illalah-o-Muhammad-ur-Rasulullah, and leads a life in the footsteps of the Holy Prophet.”

Mufti Muhammad Idris, Jamia Ashrafia, Nila Gumbad, Lahore—
“Q.—Please give the definition of a Musalman ?
A.—The word ‘Musalman’ is a Persian one. There is a distinction between the word ‘Musalman’ which is a Persian word for Muslim and the word ‘momin’. It is impossible for me to give a complete definition of the word ‘momin’. I would require pages and pages to describe what a momin is. A person is a Muslim who professes to be obedient to Allah. He should believe in the Unity of God, prophethood of the ambiya and in the Day of Judgment. A person who does not believe in the azan or in the qurbani goes outside the pale of Islam. Similarly, there are a large number of other things which have been received by tavatir from our prophet. In order to be a Muslim, he must believe in all these things. It is almost impossible for me to give a complete list of such things.”

Hafiz Kifayat Hussain, Idara-i-Haquq-i-Tahaffuz-i-Shia—
“Q.—Who is a Musalman?
A.—A person is entitled to be called a Musalman if he believes in (1) tauheed, (2) nubuwwat and (3) qiyamat. These are the three fundamental beliefs which a person must profess to be called a Musalman. In regard to these three basic doctrines there is no difference between the Shias and the Sunnies. Besides the belief in these three doctrines, there are other things called ‘zarooriyat-i-din’ which a person must comply with in order to be entitled to be called a Musalman. These will take me two days to define and enumerate. But as an illustration I might state that the respect for the Holy Book, wajoob-i-nimaz, wajoob-i-roza, wajoob-i-hajj-ma’a-sharait, and other things too numerous to mention, are among the ‘zarooriyat-i-din’ ”

Maulana Abdul Hamid Badayuni, President, Jami’at-ul-Ulama-i-Pakistan :
“Q.—Who is a Musalman according to you ?
A.—A person who believes in the zarooriyat-i-din is called a momin and every momin is entitled to be called a Musalman.
Q.—What are these zarooriyat-i-din ?
A.—A person who believes in the five pillars of Islam and who believes in the rasalat of our Holy Prophet fulfils the zarooriyat-i-din.
Q.—Have other actions, apart from the five arakan, anything to do with a man being a Muslim or being outside the pale of Islam?
(Note—Witness has been explained that by actions are meant those rules of moral conduct which in modern society are accepted as correct.)
A.—Certainly.
Q.—Then you will not call a person a Muslim who believes in arakan-ikhamsa and the rasalat of the prophet but who steals other peoples’ things, embezzles property entrusted to him, has an evil eye on his neighbour’s wife and is guilty of the grossest ingratitude to his benefector?
A.—Such a person, if he has the belief already indicated, will be a Muslim despite all this”.

Maulana Muhammad Ali Kandhalvi, Darush-Shahabia, Sialkot —
“Q.—Please define a Musalman?
A.—A person who in obedience to the commands of the prophet performs all the zarooriyat-i-din is a Musalman.
Q.—Can you define zarooriyat-i-din ?
A.—Zarooriyat-i-din are those requirements which are known to every Muslim irrespective of his religious knowledge.
Q.—Can you enumerate zarooriyat-i-din ?
A.—These are too numerous to be mentioned. I myself cannot enumerate these zarooriyat. Some of the zarooriyat-i-din may be mentioned as salat, saum, etc.”

Maulana Amin Ahsan Islahi —
“Q.—Who is a Musalman?
A.—There are two kinds of Musalmans, a political (siyasi) Musalman and a real (haqiqi) Musalman. In order to be called a political Musalman, a person must:
(1) believe in the Unity of God,
(2) believe in our Holy Prophet being khatam-un-nabiyin, i.e., ‘final
authority’ in all matters relating to the life of that person,
(3) believe that all good and evil comes from Allah,
(4) believe in the Day of Judgment,
(5) believe in the Qur’an to be the last book revealed by Allah,
(6) perform the annual pilgrimage to Mecca,
(7) pay the zaka’at,
(8) say his prayers like the Musalmans,
(9) observe all apparent rules of Islami mu’ashira, and
(10) observe the fast (saum).

If a person satisfies all these conditions he is entitled to the rights of a full citizen of an Islamic State. If any one of these conditions is not satisfied, the person concerned will not be a political Musalman. (Again said) It would be enough for a person to be a Musalman if he merely professes his belief in these ten matters irrespective of whether he puts them into practice or not. In order to be a real Musalman, a person must believe in and act on all the injunctions by Allah and his prophet in the manner in which they have been enjoined upon him.
Q.—Will you say that only the real Musalman is ‘mard-i-saleh’ ?
A.—Yes.
Q.—do we understand you aright that in the case of what you have called a political (siyasi) Musalman, belief alone is necessary, while in the case of a haqiqi Musalman there must not only be belief but also action?
A.—No, you have not understood me aright. Even in the case of a political (siyasi) Musalman action is necessary but what I mean to say is that if a person does not act upon the belief that is necessary in the case of such a Musalman, he will not be outside the pale of a political (siyasi) Musalman.
Q.—If a political (siyasi) Musalman does not believe in things which you
have stated to be necessary, will you call such a person be-din ?
A.—No, I will call him merely be-amal”.

The definition by the Sadr Anjuman Ahmadiya, Rabwah, in its written statement
is that a Muslim is a person who belongs to the ummat of the Holy Prophet and professes belief in kalima-i-tayyaba.

Keeping in view the several definitions given by the ulama, need we make any comment except that no two learned divines are agreed on this fundamental. If we attempt our own definition as each learned divine has done and that definition differs from that given by all others, we unanimously go out of the fold of Islam. And if we adopt the definition given by any one of the ulama, we remain Muslims according to the view of that alim but kafirs according to the definition of every one else.

 

 

APOSTASY

Apostasy in an Islamic State is punishable with death. On this the ulama are practically unanimous (vide the evidence of Maulana Abul Hasanat Sayyad Muhammad Ahmad Qadri, President, Jami’at-ul-Ulama-i-Pakistan, Punjab; Maulana Ahmad Ali, Sadr Jami’at-ul-Ulama-i-Islam, West Pakistan; Maulana Abul Ala Maudoodi, founder and ex-Amir-i-Jama’at-i-Islami, Pakistan; Mufti Muhammad Idris, Jami’Ashrafia, Lahore, and Member, Jami’at-ul-Ulama-i-Pakistan; Maulana Daud Ghaznavi, President, Jami’at-i-Ahl-i-Hadith, Maghribi Pakistan; Maulana Abdul Haleem Qasimi, Jami’at-ul-Ulama-i-Islam, Punjab; and Mr. Ibrahim Ali Chishti). According to this doctrine, Chaudhri Zafrullah Khan, if he has not inherited his present religious beliefs but has voluntarily elected to be an Ahmadi, must be put to death. And the same fate should befall Deobandis and Wahabis, including Maulana Muhammad Shafi Deobandi, Member, Board of Talimat-i-Islami attached to the Constituent Assembly of Pakistan, and Maulana Daud Ghaznavi, if Maulana Abul Hasanat Sayyad Muhammad Ahmad Qadri or Mirza Raza Ahmad Khan Barelvi, or any one of the numerous ulama who are shown perched on every leaf of a beautiful tree in the fatwa, Ex. D. E. 14, were the head of such Islamic State. And if Maulana Muhammad Shafi Deobandi were the head of the State, he would exclude those who have pronounced Deobandis as kafirs from the pale of Islam and inflict on them the death penalty if they come within the definition of murtadd, namely, if they have changed and not inherited their religious views.

The genuineness of the fatwa, Ex. D. E. 13, by the Deobandis which says that Asna Ashari Shias are kafirs and murtadds, was questioned in the course of enquiry, but Maulana Muhammad Shafi made an inquiry on the subject from Deoband, and received from the records of that institution the copy of a fatwa signed by all the teachers of the Darul Uloom including Maulana Muhammad Shafi himself which is to the effect that those who do not believe in the sahabiyyat of Hazrat Siddiq Akbar and who are qazif of Hazrat Aisha Siddiqa and have been guilty of tehrif of Qur’an are kafirs. This opinion is also supported by Mr. Ibrahim Ali Chishti who has studied and knows his subject. He thinks the Shias are kafirs because they believe that Hazrat Ali shared the prophethood with our Holy Prophet. He refused to answer the question whether a person who being a Sunni changes his view and agrees with the Shia view would be guilty of irtidad so as to deserve the death penalty. According to the Shias all Sunnis are kafirs, and Ahl-i-Qur’an; namely, persons who consider hadith to be unreliable and therefore not binding, are unanimously kafirs and so are all independent thinkers. The net result of all this is that neither Shias nor Sunnis nor Deobandis nor Ahl-i-Hadith nor Barelvis are Muslims and any change from one view to the other must be accompanied in an Islamic State with the penalty of death if the Government of the State is in the hands of the party which considers the other party to be kafirs. And it does not require much imagination to judge of the consequences of this doctrine when it is remembered that no two ulama have agreed before us as to the definition of a Muslim. If the constituents of each of the definitions given by the ulama are given effect to, and subjected to the rule of ‘combination and permutation’ and the form of charge in the Inquisition’s sentence on Galileo is adopted mutatis mutandis as a model, the grounds on which a person may be indicted for apostasy will be too numerous to count.

In an earlier part of the report we have referred to the proscription of the ‘Ashshahab’, a pamphlet written by Maulana Shabbir Ahmad Usmani who later became Sheikh-ul-Islam-i-Pakistan. In that pamphlet the Maulana had attempted to show from the Qur’an, the sunna, the ijma’ and qayas that in Islam the punishment for apostasy (irtidad) simpliciter is death. After propounding the theological doctrine the Maulana had made in that document a statement of fact that in the time of the Caliph Siddiq-i-Akbar and the subsequent Caliphs vast areas of Arabia became repeatedly red with the blood of apostates. We are not called upon to express any opinion as to the correctness or otherwise of this doctrine but knowing that the suggestion to the Punjab Government to proscribe this pamphlet had come from the Minister for the Interior we have attempted to inquire of ourselves the reasons for Government’s taking a step which ex hypothesi amounted to condemning a doctrine which the Maulana had professed to derive from the Qur’an and the sunna. The death penalty for irtidad has implications of a far-reaching character and stamps Islam as a religion of fanatics, which punishes all independent thinking. The Qur’an again and again lays emphasis on reason and thought, advises toleration and preaches against compulsion in religious matters but the doctrine of irtidad as enunciated in this pamphlet strikes at the very root of independent thinking when it propounds the view that anyone who, being born a Muslim or having embraced Islam, attempts to think on the subject of religion with a view, if he comes to that conclusion, to choose for himself any religion he likes, has the capital penalty in store for him. With this implication Islam becomes an embodiment of complete intellectual paralysis. And the statement in the pamphlet that vast areas of Arabia were repeatedly bespattered with human blood, if true, could only lend itself to this inference that even when Islam was at the height of its splendour and held absolute sway in Arabia there were in that country a large number of people who turned away from that religion and preferred to die than to remain in that system. It must have been some such reaction of this pamphlet on the mind of the Minister for the Interior which prompted him to advise the Punjab Government to proscribe the pamphlet. Further the Minister who was himself well-versed in religious matters must have thought that the conclusion drawn by the author of the pamphlet which was principally based on the precedent mentioned in paras. 26, 27 and 28 of the Old Testament and which is only partially referred to in the Qur’an in the 54th verse of the Second Sura, could not be applicable to apostasy from Islam and that therefore the author’s opinion was in fact incorrect, there being no express text in the Qur’an for the death penalty for apostasy. On the contrary each of the two ideas, one underlying the six brief verses of Surat-ul-Kafiroon and the other the La Ikrah verse of the second Sura, has merely to be understood to reject as erroneous the view propounded in the ‘Ash-Shahab’. Each of the verses in Surat-ul-Kafiroon which contains thirty words and no verse of which exceeds six words, brings out a fundamental trait in man engrained in him since his creation while the La Ikrah verse, the relevant portion of which contains only nine words, states the rule of responsibility of the mind with a precision that cannot be surpassed. Both of these texts which are an early part of the Revelation are, individually and collectively, the foundation of that principle which human society, after centuries of conflict, hatred and bloodshed, has adopted in defining one of the most important fundamental rights of man. But our doctors would never dissociate chauvinism from Islam.

 

 

PROPAGATION OF OTHER RELIGIONS

Closely allied to the punishment for apostasy is the right of non-Muslims publicly to preach their religion. The principle which punishes an apostate with death must be applicable to public preaching of kufr and it is admitted by Maulana Abul Hasanat, Ghazi Siraj-ud-Din Munir and Master Taj-ud-Din Ansari, though the last subordinates his opinion to the opinion of the ulama, that any faith other than Islam will not be permitted publicly to be preached in the State. And Maulana Abul Ala Maudoodi, as will appear from his pamphlet ‘Punishment in Islam for an apostate’, has the same views on the subject.

Ghazi Siraj-ud-Din Munir, when questioned on this point, replied :—
“Q.—What will you do with them (Ahmadis) if you were the head of the
Pakistan State ?
A.—I would tolerate them as human beings but will not allow them the right
to preach their religion”.

The prohibition against public preaching of any non-Muslim religion must logically follow from the proposition that apostasy will be punished with death and that any attack on, or danger to Islam will be treated as treason and punished in the same way as apostasy.

JIHAD
Earlier we have pointed out that one of the doctrines on which the Musalmans and Ahmadis are at variance is that of jihad. This doctrine at once raises a host of other allied matters such as the meanings of ghazi, shahid, jihad-bis-saif, jihad fi sabili’llah, dar-ul-Islam, dar-ul-harb, hijrat, ghanima, khums and slavery, and the conflict or reconciliation of these conceptions with modern international problems such as aggression, genocide, international criminal jurisdiction, international conventions and rules of public international law.

An Islamic State is dar-ul-Islam, namely, a country where ordinances of Islam are established and which is under the rule of a Muslim sovereign. Its inhabitants are Muslims and also non-Muslims who have submitted to Muslim control and who under certain restrictions and without the possibility of full citizenship are guaranteed their lives and property by the Muslim State. They must, however, be people of Scriptures and may not be idolaters. An Islamic State is in theory perpetually at war with the neighbouring non-Muslim country, which at any time may become dar-ul-harb, in which case it is the duty of the Muslims of that country to leave it and to come over to the country of their brethren in faith. We put this aspect to Maulana Abul Ala Maudoodi and reproduce his views :—

“Q.—is a country on the border of dar-ul-Islam always qua an Islamic State in the position of dar-ul-harb ?
A.—No. In the absence of an agreement to the contrary, the Islamic State will be potentially at war with the non-Muslim neighbouring country. The non-Muslim country acquires the status of dar-ul-harb only after the Islamic State declares a formal war against it”.

According to Ghias-ul-Lughat, dar-ul-harb is a country belonging to infidels which has not been subdued by Islam, and the consequences of a country becoming darul-harb are thus stated in the Shorter Encyclopaedia of Islam :—

“When a country does become a dar-ul-harb, it is the duty of all Muslims to withdraw from it, and a wife who refuses to accompany her husband in this, is ipso facto divorced”.

Thus in case of a war between India and Pakistan, if the latter is an Islamic State, we must be prepared to receive forty million Muslims from across the border into Pakistan.

In fact, Maulana Abdul Haamid Badayuni, President, Jami’at-ul-Ulama-i- Pakistan, thinks that a case for hijrat already exists for the Musalmans of India. The following is his view on this subject :—
“Q.—Do yon call your migration to Pakistan as hijrat in the religious sense ?
A.—Yes”.

We shall presently point out why Mirza Ghulam Ahmad’s version of the doctrine of jihad is relied on as a ground for his and his community’s kufr, but before we do that it is necessary first to state how jihad has been or is understood by the Musalmans. There are various theories about jihad which vary from the crude notion of a megalomaniac moved by religious frenzy going out armed with sword and indiscriminately slaughtering non-Muslims in the belief that if he dies in the combat he becomes a shahid and if he succeeds in killing attains the status of a ghazi, to the conception that a Musalman throughout his life is pitted against kufr, kufr here being used in the sense of evil and wrong, and that his principal activity in life is to strive by argument a where necessary by force to spread Islam until it becomes a world religion. In the latter case he fights not for any personal end but because he considers such strife as a duty and an obligation which he owes to Allah and the only recompense for which is the pleasure of Allah. The Shorter Encyclopedia of Islam contains the following brief article on djihad :—
“DJIHAD (A), holy war. The spread of Islam by arms is a religious duty upon Muslims in general. It narrowly escaped being a sixth rukn, or fundamental duty, and is indeed still so regarded by the descendants of the Kharidjis. This position was reached gradually but quickly. In the Meccan Suras of the Qur’an patience under attack is taught ; no other attitude was possible. But at Medina the right to repel attack appears, and gradually it became a prescribed duty to fight against and subdue the hostile Meccans.

Whether Muhammad himself recognised that his position implied steady and unprovoked war against the unbelieving world until it was subdued to Islam may be in doubt. Traditions are explicit on the point ; but the Qur’anic passages speak always of the unbelievers who are to be subdued as dangerous or faithless. Still, the story of his writing to the powers around him shows that such a universal position was implicit in his mind, and it certainly developed immediately after his death, when the Muslim armies advanced out of Arabia. It is now a fard ala’l-kifaya, a duty in general on all male, free, adult Muslims, sane in mind and body and having means enough to reach the Muslim army, yet not a duty necessarily incumbent on every individual but sufficiently performed when done by a certain number. So it must continue to be done until the whole world is under the rule of Islam. It must be controlled or headed by a Muslim sovereign or imam. As the imam of the Shias is now invisible, they cannot have a djihad until he reappears. Further, the requirement will be met if such a sovereign makes an expedition once a year, or, even, in the later view, if he makes annual preparation for one. The people against whom the djihad is directed must first be invited to embrace Islam. On refusal they have another choice. They may submit to Muslim rule, become dhimmis (q. v.) and pay djizya and kharadj (q. v.) or fight. In the first case, their lives, families and property are assured to them, but they have a definitely inferior status, with no technical citizenship, and a standing only as protected wards. If they fight, they and their families may be enslaved and all their property seized as booty, four-fifths of which goes to the conquering army. If they embrace Islam, and it is open to them to do so even when the armies are face to face, they become part of the Muslim community with all its rights and duties. Apostates must be put to death. But if a Muslim country is invaded by unbelievers, the imam may issue a general summons calling all Muslims there to arms, and as the danger grows so may be the width of the summons until the whole Muslim world is involved. A Muslim who dies fighting in the path of Allah (fi sabil Allah) is martyr (shahid) and is assured of Paradise and of peculiar privileges there. Such a death was, in the early generations, regarded as the peculiar crown of a pious life. It is still, on occasions, a strong incitement, but when Islam ceased to conquer it lost its supreme value. Even yet, however, any war between Muslims and non-Muslims must be a djihad with its incitements and rewards. Of course, such modern movements as the so-called Mu’tazili in India and the Young Turk in Turkey reject this and endeavour to explain away its basis; but the Muslim masses still follow the unanimous voice of the canon lawyers. Islam must be completely made over before the doctrine of djihad can be eliminated”.

The generally accepted view is that the fifth verse to Sura-i-Tauba (Sura IX) abrogated the earlier verses revealed in Mecca which permitted the killing of kuffar only in self-defence. As against this the Ahmadis believe that no verso in the Qur’an was abrogated by another verse and that both sets of verses, namely, the Meccan verses and the relative verses in Sura-i-Tauba have different scopes and can stand together. This introduces the difficult controversy of nasikh and mansukh, with all its implications. It is argued on behalf of the Ahmadis that the doctrine of nasikh and mansukh is opposed to the belief in the existence of an original Scripture in Heaven, and that implicit in this doctrine is the admission that unless the verse alleged to be repealed was meant for a specific occasion and by the coming of that occasion fulfilled its purpose and thus spent itself, God did not know of the subsequent circumstances which would make the earlier verse inapplicable or lead to an undesired result.

The third result of this doctrine, it is pointed out, cuts at the very root of the claim that laws of Islam are immutable and inflexible because if changed circumstances made a new revelation necessary, any change in the circumstances subsequent to the completion of the revelation would make most of the revelation otiose or obsolete.

We are wholly incompetent to pronounce on the merits of this controversy but what has to be pointed out is the result to which the doctrine of jihad will lead if, as appears from the article in the Shorter Encyclopaedia of Islam and other writings produced before us including one by Maulana Abul Ala Maudoodi and another by Maulana Shabbir Ahmad Usmani, it involves the spread of Islam by arms and conquest. ‘Aggression’ and ‘genocide’ are now offences against humanity for which under sentences pronounced by different International tribunals at Nuremburg and Tokio the war lords of Germany and Japan had to forfeit their lives, and there is hardly any difference between the offences of aggression and genocide on the one hand and the doctrine of spread of Islam by arms and conquest on the other. An International Convention on genocide is about to be concluded but if the view of jihad presented to us is correct, Pakistan cannot be a party to it. And while the following verses in the Mecca Suras :—

Sura II, verses 190 and 193 :190. “Fight in the Cause of God Those who fight you,
But do not transgress limits ;
For God loveth not transgressors”.
193. “And fight them on
Until there is no more
Tumult or oppression,
And there prevail
Justice and faith in God ;
But if they cease,
Let there be no hostility
Except to those
Who practise oppression”.
Sura XXII, verses 39 and 40:
39. “To those against whom
War is made, permission
Is given (to fight) because
They are wronged;— and verily,
God is most Powerful
For their aid;—”
40. “(They are) those who have
Been expelled from their homes
In defiance of right,—
(For no cause) except
That they say, ‘Our Lord
Is God.’ Did not God
Check one set of people
By means of another,
There would surely have been
Pulled down monasteries, churches,
Synagogues, and mosques, in which
The name of God is commemorated
In abundant measure. God will
Certainly aid those who
Aid His (cause);—for verily
God is Full of Strength,
Exalted in Might,
(Able to enforce His Will),”

contain in them the sublime principle which international jurists have only faintly begun to discover, we must go on preaching that aggression is the chief characteristic of Islam. The law relating to prisoners of war is another branch of Islamic law which is bound to come in conflict with International Law.

As for instance, in matters relating to the treatment of prisoners of war, we shall have to be governed by Maulana Abul Ala Maudoodi’s view, assuming that view is based on the Qur’an and the sunna, which is as follows :—

“Q.—Is there a law of war in Islam?
A.—Yes.
Q.—Does it differ fundamentally from the modern International Law of war?
A.—These two systems are based on a fundamental difference.
Q.—What rights have non-Muslims who are taken prisoners of war in a jihad?
A.—The Islamic law on the point is that if the country of which these prisoners are nationals pays ransom, they will be released. An exchange of prisoners is also permitted. If neither of these alternatives is possible, the prisoners will be converted into slaves for ever. If any such person makes an offer to pay his ransom out of his own earnings, he will be permitted to collect the money necessary for the fidya (ransom).
Q.—Are you of the view that unless a Government assumes the form of an Islamic Government, any war declared by it is not a jihad?
A.—No. A war may be declared to be a jihad if it is declared by a national Government of Muslims in the legitimate interests of the State. I never expressed the opinion attributed to me in Ex. D. E. 12:—
“Raha yeh masala keh agar hukumat-i-Pakisten apni maujuda shukl-o-surat ke sath Indian Union ke sath apne mu’ahadat khatm kar-ke i’lan-i-jang bar bhi de to kya us-ki yeh jang jihad ke hukam men a-ja’egi ? Ap ne is bare men jo rae zahir ki hai woh bilkul darust hai – Jab-tak hukumat Islami nizam ko ikhtiyar kar-ke Islami nah ho jae us waqt tak us-ki kisi jang ko jihad kehna aisa hi hai jaisa kisi ghair Muslim ke Azad Kashmir ki fauj men bharti ho-kar larne ko jihad aur us-ki maut ko shahadat ka nam dediya jae – Maulana ka jo mudd’a hai woh yeh hai keh mu’ahadat ki maujudgi men to hukumat ya us-ke shehriyon ka is jang men sharik hona shar’-an ja’iz hi nahin – Agar hukumat mu’ahadat khatm kar-ke jang ka
i’lan kar-de to hukumat ki jang to jihad phir bhi nahin hogi ta-an keh hukumat Islami nah ho jae.’

(translation)

‘The question remains whether, even if the Government of Pakistan, in its present form and structure, terminates her treaties with the Indian Union and declares war against her, this war would fall under the definition of jihad? The opinion expressed by him in this behalf is quite correct. Until such time as the Government becomes Islamic by adopting the Islamic form of Government, to call any of its wars a jihad would be tantamount to describing the enlistment and fighting of a non-Muslim on the side of the Azad Kashmir forces jihad and his death martyrdom. What the Maulana means is that, in the presence of treaties, it is against Shari’at, if the Government or its people participate in such a war. If the Government terminates the treaties and declares war, even then the war started by Government would not be termed jihad unless the Government becomes Islamic’.

About the view expressed in this letter being that of Maulana Abul Ala Maudoodi, there is the evidence of Mian Tufail Muhammad, the writer of the letter, who states: “Ex. D. E. 12 is a photostat copy of a letter which I wrote to someone whose name I do not now remember.”

Maulana Abul Hasanat Muhammad Ahmad Qadri’s view on this point is as
follows:—
“Q.—Is there a law of war in Islam?
A.—Yes.
Q.—Does it differ in fundamentals from the present International Law?
A.—Yes.
Q.—What are the rights of a person taken prisoner in war?
A.—He can embrace Islam or ask for aman, in which case he will be treated as a musta’min. If he does not ask for aman, he would be made a slave”.
Similar is the opinion expressed by Mian Tufail Muhammad of Jam’at-i-Islami who says:—
“Q.—Is there any law of war in Islamic laws?
A.—Yes.
Q.—If that comes into conflict with International Law, which will you follow?
A.—Islamic law.
Q.—Then please state what will be the status of prisoners of war captured by your
forces?
A.—I cannot reply to this off hand. I will have to study the point.”
Of course ghanima (plunder) and khums (one-fifth) if treated as a necessary incident of
jihad will be treated by international society as a mere act of brigandage.

REACTION ON MUSLIMS OF NON-MUSLIM STATES
The ideology on which an Islamic State is desired to be founded in Pakistan must have certain consequences for the Musalmans who are living in countries under non-Muslim sovereigns.

We asked Amir-i-Shari’at Sayyad Ataullah Shah Bukhari whether a Muslim could be a faithful subject of a non-Muslim State and reproduce his answer:—
“Q.—In your opinion is a Musalman bound to obey orders of a kafir Government?
A.—It is not possible that a Musalman should be faithful citizen of a non-Muslim Government.
Q.—Will it be possible for the four crore of Indian Muslims to be faithful citizens of their State?
A—No.”

The answer is quite consistent with the ideology which has been pressed before us, but then if Pakistan is entitled to base its Constitution on religion, the same right must be conceded to other countries where Musalmans are in substantial minorities or if they constitute a preponderating majority in a country where sovereignty rests with a non-Muslim community. We, therefore, asked the various ulama whether, if non-Muslims in Pakistan were to be subjected to this discrimination in matters of citizenship, the ulama would have any objection to Muslims in other countries being subjected to a similar discrimination. Their reactions to this suggestion are reproduced below:—

Maulana Abul Hasanat Sayyed Muhammad Ahmad Qadri, President, Jami’at-ul-Ulama-i-Pakistan:—
“Q.—You will admit for the Hindus, who are in a majority in India, the right to have a Hindu religious State?
A.—Yes.
Q.—Will you have any objection if the Muslims are treated under that form of Government as malishes or shudras under the law of Manu?
A.— No.”

Maulana Abul Ala Maudoodi :—
“Q.—If we have this form of Islamic Government in Pakistan, will you permit Hindus to base their Constitution on the basis of their own religion?
A—Certainly. I should have no objection even if the Muslims of India are treated in that form of Government as shudras and malishes and Manu’s laws are applied to them, depriving them of all share in the Government and the rights of a citizen. In fact such a state of affairs already exists in India.”

Amir-i-Shari’at Sayyad Ata Ullah Skak Bukhari :—
“Q.—How many crores of Muslims are there in India?
A.—Four crores.
Q.—Have you any objection to the law of Manu being applied to them according to which they will have no civil right and will be treated as malishes and shudras?
A.—I am in Pakistan and I cannot advise them.”

Mian Tufail Muhammad of Jama’at-i-Islami :—
“Q.—What is the population of Muslims in the world?
A.—Fifty crores.
Q.—If the total population of Muslims of the world is 50 crores, as you say, and the number of Muslims living in Pakistan, Saudi Arabia, Yemen, Indonesia, Egypt, Persia, Syria, Lebanon, Trans-Jordan, Turkey and Iraq does not exceed 20 crores, will not the result of your ideology beto convert 30 crores of Muslims in the world into hewers of wood anddrawers of water?
A.—My ideology should not affect their position.
Q.—Even if they are subjected to discrimination on religious grounds and denied ordinary rights of citizenship ?
A.—Yes.”
This witness goes to the extent of asserting that even if a non-Muslim Government were to offer posts to Muslims in the public services of the country, it will be their duty to refuse such posts.

Ghazi Siraj-ud-Din Munir :—
“Q.—Do you want an Islamic State in Pakistan?
A.—Surely.
Q.—What will be your reaction if the neighbouring country was to found
their political system on their own religion?
A.—They can do it if they like.
Q.—Do you admit for them the right to declare that all Muslims in India, are shudras and malishes with no civil rights whatsoever?
A.—We will do our best to see that before they do it their political
sovereignty is gone. We are too strong for India. We will be strong enough to prevent India from doing this.
Q.—Is it a part of the religious obligations of Muslims to preach their religion?
A—Yes.
Q.—Is it a part of the duty of Muslims in India publicly to preach their religion?
A.—They should have that right.
Q.—What if the Indian State is founded on a religious basis and the right to preach religion is disallowed to its Muslim nationals?
A —If India makes any such law, believer in the Expansionist movement as I am, I will march on India and conquer her.”

So this is the reply to the reciprocity of discrimination on religious grounds.

Master Taj-ud-Din Ansari :—
“Q.—Would you like to have the same ideology for the four crores of Muslims in India as you are impressing upon the Muslims of
Pakistan?
A.—That ideology will not let them remain in India for one minute.
Q.—Does the ideology of a Muslim change from place to place and from time to time?
A.—No.
Q.—Then why should not the Muslims of India have the same ideology as you have?
A.—They should answer that question.”

The ideology advocated before us, if adopted by Indian Muslims, will completely
disqualify them for public offices in the State, not only in India but in other countries also which are under a non-Muslim Government. Muslims will become perpetual suspects everywhere and will not be enrolled in the army because according to this ideology, in case of war between a Muslim country and a non-Muslim country, Muslim soldiers of the non-Muslim country must either side with the Muslim country or surrender their posts.

The following is the view expressed by two divines whom we questioned on this point:—

Maulana Abul Hasanat Sayyed Muhammad Ahmad Qadri, President, Jami’at-ul-
Ulama-i-Pakistan :—
“Q.—What will be the duty of Muslims in India in case of war between India
and Pakistan?
A.—Their duty is obvious, namely, to side with us and not to fight against us
on behalf of India.”

Maulana Abul Ala Maudoodi : —
“Q.—What will be the duty of the Muslims in India in case of war between
India and Pakistan?
A.—Their duty is obvious, and that is not to fight against Pakistan or to do
anything injurious to the safety of Pakistan.”

OTHER INCIDENTS

Other incidents of an Islamic State are that all sculpture, playing of cards, portrait
painting, photographing human beings, music, dancing, mixed acting, cinemas and
theatres will have to be closed.

Thus says Maulana Abdul Haleem Qasimi, representative of Jami’at-ul-Ulama-i-Pakistan: —

“Q.—What are your views on tashbih and tamseel ?
A.—You should ask me a concrete question.
Q.—What are your views on lahw-o-la’b?
A.—The same is my reply to this question.
Q.—What are your views about portrait painting?
A.—There is nothing against it if any such painting becomes necessary.
Q.—What about photography?
A.—My reply to it is the same as the reply regarding portrait painting.
Q.—What about sculpture as an art?
A.—It is prohibited by our religion.
Q.—Will you bring playing of cards in lohw-o-la’b?
A.—Yes, it will amount to lahw-o-la’b.
Q.—What about music and dancing?
A.—It is all forbidden by our religion.
Q.—What about drama and acting?
A —It all depends on what kind of acting you mean. If it involves immodesty
and intermixture of sexes, the Islamic law is against it.
Q.—If the State is founded on your ideals, will you make a law stopping
portrait painting, photographing of human beings, sculpture, playing
of cards, music, dancing, acting and all cinemas and theatres?
A.—Keeping in view the present form of these activities, my answer is in the affirmative.”

Maulana Abdul Haamid Badayuni considers it to be a sin (ma’siyat) on the part of
professors of anatomy to dissect dead bodies of Muslims to explain points of anatomy to the students.

The soldier or the policeman will have the right, on grounds of religion, to disobey a command by a superior authority. Maulana Abul Hasanat’s view on this is as follows :—

“I believe that if a policeman is required to do something which we consider to be contrary to our religion, it should be the duty of the policeman to disobey the authority. The same would be my answer if ‘army’ were substituted for ‘police’.

Q.—You stated yesterday that if a policeman or a soldier was required by a
superior authority to do what you considered to be contrary to religion, it would be the duty of that policeman or the soldier to disobey such authority. Will you give the policeman or the soldier the right of himself determining whether the command he is given by his superior authority is contrary to religion ?
A.—Most certainly.
Q.—Suppose there is war between Pakistan and another Muslim country and the soldier feels that Pakistan is in the wrong; and that to shoot a soldier of other country is contrary to religion. Do you think he would be justified in disobeying his commanding officer ?
A.—In such a contingency the soldier should take a fatwa of the ‘ulama’.”

We have dwelt at some length on the subject of Islamic State not because we intended to write a thesis against or in favour of such State but merely with a view to presenting a clear picture of the numerous possibilities that may in future arise if true causes of the ideological confusion which contributed to the spread and intensity of the disturbances are not precisely located. That such confusion did exist is obvious because otherwise Muslim Leaguers, whose own Government was in office, would not have risen against it; sense of loyalty and public duty would not have departed from public officials who went about like maniacs howling against their own Government and officers; respect for property and human life would not have disappeared in the common man who with no scruple or compunction began freely to indulge in loot, arson and murder; politicians would not have shirked facing the men who had installed them in their offices; and administrators would not have felt hesitant or diffident in performing what was their obvious duty. If there is one thing which has been conclusively demonstrated in this inquiry, it is that provided you can persuade the masses to believe that something they are asked to do is religiously right or enjoined by religion, you can set them to any course of action, regardless of all considerations of discipline, loyalty, decency, morality or civic sense.

Pakistan is being taken by the common man, though it is not, as an Islamic State. This belief has been encouraged by the ceaseless clamour for Islam and Islamic State that is being heard from all quarters since the establishment of Pakistan. The phantom of an Islamic State has haunted the Musalman throughout the ages and is a result of the memory of the glorious past when Islam rising like a storm from the least expected quarter of the world—wilds of Arabia—instantly enveloped the world, pulling down from their high pedestal gods who had ruled over man since the creation, uprooting centuries old institutions and superstitions and supplanting all civilisations that had been built on an enslaved humanity. What is 125 years in human history, nay in the history of a people, and yet during this brief period Islam spread from the Indus to the Atlantic and Spain, and from the borders of China to Egypt, and the sons of the desert installed themselves in all old centres of civilisation—in Ctesiphon, Damascus, Alexandria, India and all places associated with the names of the Sumerian and the Assyrian civilisations. Historians have often posed the question : what would have been the state of the world today if Muawiya’s siege of Constantinople had succeeded or if the proverbial Arab instinct for plunder had not suddenly seized the mujahids of Abdur Rahman in their fight against Charles Martel on the plains of Tours in Southern France. May be Muslims would have discovered America long before Columbus did and the entire world would have been Moslemised; may be Islam itself would have been Europeanised. It is this brilliant achievement of the Arabian nomads, the like of which the world had never seen before, that makes the Musalman of today live in the past and yearn for the return of the glory that was Islam. He finds himself standing on the crossroads, wrapped in the mantle of the past and with the dead weight of centuries on his back, frustrated and bewildered and hesitant to turn one corner or the other. The freshness and the simplicity of the faith, which gave determination to his mind and spring to his muscle, is now denied to him. He has neither the means nor the ability to conquer and there are no countries to conquer. Little does he understand that the forces, which are pitted against him, are entirely different from those against which early Islam, had to fight, and that on the clues given by his own ancestors human mind has achieved results which he cannot understand. He therefore finds himself in a state of helplessness, waiting for some one to come and help him out of this morass of uncertainty and confusion. And he will go on waiting like this without anything happening. Nothing but a bold re-orientation of Islam to separate the vital from the lifeless can preserve it as a World Idea and convert the Musalman into a citizen of the present and the future world from the archaic in congruity that he is today. It is this lack of bold and clear thinking, the inability to understand and take decisions which has brought about in Pakistan a confusion which will persist and repeatedly create situations of the kind we have been inquiring into until our leaders have a clear conception of the goal and of the means to reach it. It requires no imagination to realise that irreconcilables remain irreconcilable even if you believe or wish to the contrary. Opposing principles, if left to themselves, can only produce confusion and disorder, and the application of a neutralising agency to them can only produce a dead result. Unless, in case of conflict between two ideologies, our leaders have the desire and the ability to elect, uncertainty must continue. And as long as we rely on the hammer when a file is needed and press Islam into service to solve situations it was never intended to solve, frustration and disappointment must dog our steps. The sublime faith called Islam will live even if our leaders are not there to enforce it. It lives in the individual, in his soul and outlook, in all his relations with God and men, from the cradle to the grave, and our politicians should understand that if Divine commands cannot make or keep a man a Musalman, their statutes will not….

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Alfred Lyall on Christians, Muslims, India, China, Etc, 1908

“THE STATE IN ITS RELATION TO EASTERN AND WESTERN RELIGIONS”

By Sir Alfred Comyn Lyall (1835-1911)

Delivered as President of the Congress for the History of Religions, September 1908.—Fortnightly Review, November 1908.

“In considering the subject of my address, I have been confronted by this difficulty—that in the sections which regulate the order of our proceedings, we have a list of papers that range over all the principal religions, ancient and modern, that have existed and still exist in the world. They are to be treated and discussed by experts whose scholarship, particular studies, and close research entitle them all to address you authoritatively. I have no such special qualifications; and in any case it would be most presumptuous in me to trespass upon their ground. All that I can venture to do, therefore, in the remarks which I propose to address to you to-day, is to attempt a brief general survey of the history of religions from a standpoint which may possibly not fall within the scope of these separate papers.

The four great religions now prevailing in the world, which are historical in the sense that they have been long known to history, I take to be—Christianity, Islam, Buddhism, and Hinduism. Having regard to their origin and derivation, to their history and character, I may be permitted, for my present purpose only, to class the two former as the Religions of the West, and the two latter as the Religions of the East. These are the faiths which still maintain a mighty influence over the minds of mankind. And my object is to compare the political relations, the attitude, maintained toward them, from time to time, by the States and rulers of the people over which these religions have established their spiritual dominion.

The religion of the Jews is not included, though its influence has been incalculable, because it has been caught up, so to speak, into Christianity and Islam, and cannot therefore be counted among those which have made a partition of the religious world. For this reason, perhaps, it has retained to this day its ancient denomination, derived from the tribe or country of its origin; whereas the others are named from a Faith or a Founder. The word Nazarene, denoting the birthplace of Christianity, which is said to be still used in that region, was, as we know, very speedily superseded by its wider title, as the Creed broke out of local limits and was proclaimed universal. There has evidently been a foretime, though it is prehistorical, when, so far as we know, mankind was universally polytheistic; when innumerable rites and worships prevailed without restraint, springing up and contending with each other like the trees in a primeval forest, reflecting a primitive and precarious condition of human society.

I take polytheism to have been, in this earliest stage, the wild growth of superstitious imagination, varied indefinitely by the pressure of circumstance, by accident, by popular caprice, or by the good or evil fortunes of the community. In this stage it can now be seen among barbarous tribes—as, for instance, in Central Africa. And some traces of it still survive, under different pretexts and disguises, in the lowest strata of civilised nations, where it may be said to represent the natural reluctance of the vagrant human fancy to be satisfied with higher forms and purer conceptions that are always imperfectly assimilated by the multitude. Among primitive societies the spheres of human and divine affairs were intermixed and identical; they could not be disentangled. But with the growth of political institutions came gradual separation, or at any rate the subordination of religion to the practical necessities of orderly government and public morals.

That polytheism can exist and flourish in the midst of a highly intellectual and civilised society, we know from the history of Greece and Rome. But in ancient Greece its direct influence upon political affairs seems to have been slight; though it touched at some points upon morality. The function of the State, according to Greek ideas, was to legislate for all the departments of human life and to uphold the moral standard. The law prohibited sacrilege and profanity; it punished open impiety that might bring down divine wrath upon the people at large. The philosophers taught rational ethics; they regarded the popular superstitions with indulgent contempt; but they inculcated the duty of honouring the gods, and the observance of public ceremonial. Beyond these limits the practice of local and customary worship was, I think, free and unrestrained; though I need hardly add that toleration, as understood by the States of antiquity, was a very different thing from the modern principle of religious neutrality. Under the Roman government the connection between the State and religion was much closer, as the dominion of Rome expanded and its power became centralised. The Roman State maintained a strict control and superintendence over the official rituals and worships, which were regulated as a department of the administration, to bind the people together by established rites and worships, in order to cement political and social unity. It is true that the usages of the tribes and principalities that were conquered and annexed were left undisturbed; for the Roman policy, like that of the English in India, was to avoid giving offence to religion; and undoubtedly this policy, in both instances, materially facilitated the rapid building up of a wide dominion. Nevertheless, there was a tendency to draw in the worship toward a common centre. The deities of the conquered provinces were respected and conciliated; the Roman generals even appealed to them for protection and favour, yet they became absorbed and assimilated under Roman names; they were often identified with the gods of the Roman pantheon, and were frequently superseded by the victorious divinities of the new rulers—the strange deities, in fact, were Romanised as well as the foreign tribes and cities. After this manner the Roman empire combined the tolerance of great religious diversity with the supremacy of a centralised government. Political amalgamation brought about a fusion of divine attributes; and latterly the emperor was adored as the symbol of manifest power, ruler and pontiff; he was the visible image of supreme authority. This régime was easily accepted by the simple unsophisticated paganism of Europe. The Romans, with all their statecraft, had as yet no experience of a high religious temperature, of enthusiastic devotion and divine mysteries. But as their conquest and commerce spread eastward, the invasion of Asia let in upon Europe a flood of Oriental divinities, and thus Rome came into contact with much stronger and deeper spiritual forces. The European polytheism might be utilised and administered, the Asiatic deities could not be domesticated and subjected to regulation; the Oriental orgies and strange rites broke in upon the organised State worship; the new ideas and practices came backed by a profound and fervid spiritualism. Nevertheless the Roman policy of bringing religion under authoritative control was more or less successful even in the Asiatic provinces of the empire; the privileges of the temples were restricted; the priesthoods were placed under the general superintendence of the proconsular officials; and Roman divinities gradually found their way into the Asiatic pantheon. But we all know that the religion of the Roman empire was falling into multitudinous confusion when Christianity arose—an austere exclusive faith, with its army of saints, ascetics, and unflinching martyrs, proclaiming worship to be due to one God only, and sternly refusing to acknowledge the divinity of the emperor. Against such a faith an incoherent disorderly polytheism could make no better stand than tribal levies against a disciplined army. The new religion struck directly at the sacrifices that symbolised imperial unity; the passive resistance of Christians was necessarily treated as rebellion, the State made implacable war upon them. Yet the spiritual and moral forces won the victory, and Christianity established itself throughout the empire. Universal religion, following upon universal civil dominion, completed the levelling of local and national distinctions. The Churches rapidly grew into authority superior to the State within their own jurisdiction; they called in the temporal government to enforce theological decisions and to put down heresies; they founded a powerful hierarchy. The earlier Roman constitution had made religion an instrument of administration. When one religion became universal, the churches enlisted the civil ruler into the service of orthodoxy; they converted the State into an instrument for enforcing religion. The pagan empire had issued edicts against Christianity and had suppressed Christian assemblies as tainted with disaffection; the Christian emperors enacted laws against the rites and worships of paganism, and closed temples. It was by the supreme authority of Constantine that, for the first time in the religious history of the world, uniformity of belief was defined by a creed, and sanctioned by the ruler’s assent.

Then came, in Western Europe, the time when the empire at Rome was rent asunder by the inrush of barbarians; but upon its ruins was erected the great Catholic Church of the Papacy, which preserved in the ecclesiastical domain the autocratic imperial tradition. The primacy of the Roman Church, according to Harnack, is essentially the transference to her of Rome’s central position in the religions of the heathen world; the Church united the western races, disunited politically, under the common denomination of Christianity. Yet Christianity had not long established itself throughout all the lands, in Europe and Asia, which had once been under the Roman sovereignty, when the violent irruptions of Islam upset not only the temporal but also the spiritual dominion throughout Western Asia, and along the southern shores of the Mediterranean. The Eastern empire at Constantinople had been weakened by bitter theological dissensions and heresies among the Christians; the votaries of the new, simple, unswerving faith of Mohammed were ardent and unanimous.

In Egypt and Syria the Mohammedans were speedily victorious; the Latin Church and even the Latin language were swept out of North Africa. In Persia the Sassanian dynasty was overthrown, and although there was no immediate and total conversion of the people, Mohammedanism gradually superseded the ancient Zoroastrian cultus as the religion of the Persian State. It was not long before the armies of Islam had triumphed from the Atlantic coast to the Jaxartes river in Central Asia; and conversion followed, speedily or slowly, as the direct result of conquest. Moreover, the Mohammedans invaded Europe. In the south-west they subdued almost all Spain; and in the south-east they destroyed, some centuries later, the Greek empire, though not the Greek Church, and consolidated a mighty rulership at Constantinople. With this prolonged conflict between Islam and Christianity along the borderlands of Europe and Asia began the era of those religious wars that have darkened the history of the Western nations, and have perpetuated the inveterate antipathy between Asiatic and European races, which the spread of Christianity into both continents had softened and might have healed. In the end Christianity has fixed itself permanently in Europe, while Islam is strongly established throughout half Asia. But the sharp collision between the two faiths, the clash of armies bearing the cross and the crescent, generated fierce fanaticism on both sides. The Crusades kindled a fiery militant and missionary spirit previously unknown to religions, whereby religious propagation became the mainspring and declared object of conquest and colonisation.

Finally, in the sixteenth and seventeenth centuries the great secession from the Roman Church divided the nations of Western Europe into hostile camps, and throughout the long wars of that period political jealousies and ambitions were inflamed by religious animosities. In Eastern Europe the Greek Church fell under almost complete subordination to the State. The history of Europe and Western Asia records, therefore, a close connection and community of interests between the States and the orthodox faiths; a combination which has had a very potent influence, during many centuries, upon the course of civil affairs, upon the fortunes, or misfortunes, of nations.

Up to the sixteenth century, at least, it was universally held, by Christianity and by Islam, that the State was bound to enforce orthodoxy; conversion and the suppression or expulsion of heretics were public duties. Unity of creed was thought necessary for national unity—a government could not undertake to maintain authority, or preserve the allegiance of its subjects, in a realm divided and distracted by sectarian controversies. On these principles Christianity and Islam were consolidated, in union with the States or in close alliance with them; and the geographical boundaries of these two faiths, and of their internal divisions respectively, have not materially changed up to the present day.

Let me now turn to the history of religion in those countries of further Asia, which were never reached by Greek or Roman conquest or civilisation, where the ancient forms of worship and conceptions of divinity, which existed before Christianity and Islam, still flourish. And here I shall only deal with the relations of the State to religion in India and China and their dependencies, because these vast and populous empires contain the two great religions, Hinduism and Buddhism, of purely Asiatic origin and character, which have assimilated to a large extent, and in a certain degree elevated, the indigenous polytheism, and which still exercise a mighty influence over the spiritual and moral condition of many millions. We know what a tremendous power religion has been in the wars and politics of the West. I submit that in Eastern Asia, beyond the pale of Islam, the history of religion has been very different. Religious wars—I mean wars caused by the conflict of militant faiths contending for superiority—were, I believe, unknown on any great scale to the ancient civilisations. It seems to me that until Islam invaded India the great religious movements and changes in that region had seldom or never been the consequence of, nor had been materially affected by, wars, conquests, or political revolutions. Throughout Europe and Mohammedan Asia the indigenous deities and their temples have disappeared centuries ago; they have been swept away by the forces of Church and State combined to exterminate them; they have all yielded to the lofty overruling ideal of monotheism.

But the tide of Mohammedanism reached its limit in India; the people, though conquered, were but partly converted, and eastward of India there have been no important Mohammedan rulerships. On this side of Asia, therefore, two great religions, Buddhism and Brahmanism, have held their ground from times far anterior to Christianity; they have retained the elastic comprehensive character of polytheism, purified and elevated by higher conceptions, developed by the persistent competition of diverse ideas and forms among the people, unrestrained by attempts of superior organised faiths to obliterate the lower and weaker species. In that region political despotism has prevailed immemorially; religious despotism, in the sense of the legal establishment of one faith or worship to the exclusion of all others, of uniformity imposed by coercion, of proselytism by persecution, is unknown to history: the governments have been absolute and personal; the religions have been popular and democratic. They have never been identified so closely with the ruling power as to share its fortunes, or to be used for the consolidation of successful conquest. Nor, on the other hand, has a ruler ever found it necessary, for the security of his throne, to conform to the religion of his subjects, and to abjure all others. The political maxim, that the sovereign and his subjects should be of one and the same religion, ‘Cujus regio ejus religio’, has never prevailed in this part of the world.

And although in India, the land of their common origin, Buddhism widely displaced and overlaid Brahmanism, while it was in its turn, after several centuries, overcome and ejected by a Brahmanic revival, yet I believe that history records no violent contests or collisions between them; nor do we know that the armed force of the State played any decisive part in these spiritual revolutions. I do not maintain that Buddhism has owed nothing to State influence. It represents certain doctrines of the ancient Indian theosophy, incarnate, as one might say, in the figure of a spiritual Master, the Indian prince, Sakya Gautama, who was the type and example of ascetic quietism; it embodies the idea of salvation, or emancipation attainable by man’s own efforts, without aid from priests or divinities. Buddhism is the earliest, by many centuries, of the faiths that claim descent from a personal founder. It emerges into authentic history with the empire of Asoka, who ruled over the greater part of India some 250 years before Christ, and its propagation over his realm and the countries adjacent is undoubtedly due to the influence, example, and authority of that devout monarch.

According to Mr. Vincent Smith, from whose valuable work on the Early History of India I take the description of Asoka’s religious policy, the king, renouncing after one necessary war all further military conquest, made it the business of his life to employ his autocratic power in directing the preaching and teaching of the Law of Piety, which he had learnt from his Buddhist priesthood. All his high officers were commanded to instruct the people in the way of salvation; he sent missions to foreign countries; he issued edicts promulgating ethical doctrines, and the rules of a devout life; he made pilgrimages to the sacred places; and finally he assumed the yellow robe of a Buddhist monk.

Asoka elevated, so Mr. Smith has said, a sect of Hinduism to the rank of a world-religion. Nevertheless, I think it may be affirmed that the emperor consistently refrained from the forcible conversion of his subjects, and indeed the use of compulsion would have apparently been a breach of his own edicts, which insist on the principle of toleration, and declare the propagation of the Law of Piety to be his sole object. Asoka made no attempt to persecute Brahmanism; and it seems clear that the extraordinary success of Buddhism in India cannot be attributed to war or to conquest. To imperial influence and example much must be ascribed, yet I think Buddhism owed much more to its spiritual potency, to its superior faculty of transmuting and assimilating, instead of abolishing, the elementary instincts and worships, endowing them with a higher significance, attracting and stimulating devotion by impressive rites and ceremonies, impressing upon the people the dogma of the soul’s transmigration and its escape from the miseries of sentient existence by the operation of merits. And of all great religions it is the least political, for the practice of asceticism and quietism, of monastic seclusion from the working world, is necessarily adverse to any active connection with mundane affairs.

I do not know that the mysterious disappearance of Buddhism from India can be accounted for by any great political revolution, like that which brought Islam into India. It seems to have vanished before the Mohammedans had gained any footing in the country.

Meanwhile Buddhism is said to have penetrated into the Chinese empire by the first century of the Christian era. Before that time the doctrines of Confucius and Laotze were the dominant philosophies; rather moral than religious, though ancestral worship and the propitiation of spirits were not disallowed, and were to a certain extent enjoined. Laotze, the apostle of Taoism, appears to have preached a kind of Stoicism—the observance of the order of Nature in searching for the right way of salvation, the abhorrence of vicious sensuality—and the cultivation of humility, self-sacrifice, and simplicity of life. He condemned altogether the use of force in the sphere of religion or morality; though he admitted that it might be necessary for the purposes of civil government. The system of Confucius inculcated justice, benevolence, self-control, obedience and loyalty to the sovereign—all the civic virtues; it was a moral code without a metaphysical background; the popular worships were tolerated, reverence for ancestors conduced to edification; the gods were to be honoured, though it was well to keep aloof from them; he disliked religious fervour, and of things beyond experience he had nothing to say.

Buddhism, with its contempt for temporal affairs, treating life as a mere burden, and the soul’s liberation from existence as the end and object of meditative devotion, must have imported a new and disturbing element into the utilitarian philosophies of ancient China. For many centuries Buddhism, Taoism, and Confucianism are said to have contended for the patronage and recognition of the Chinese emperors. Buddhism was alternately persecuted and protected, expelled and restored by imperial decree. Priesthoods and monastic orders are institutions of which governments are naturally jealous; the monasteries were destroyed or rebuilt, sacerdotal orders and celibacy suppressed or encouraged by imperial decrees, according to the views and prepossessions of successive dynasties or emperors. Nevertheless the general policy of Chinese rulers and ministers seems not to have varied essentially. Their administrative principle was that religion must be prevented from interfering with affairs of State, that abuses and superstitious extravagances are not so much offences against orthodoxy as matters for the police, and as such must be put down by the secular arm. Upon this policy successive dynasties appear to have acted continuously up to the present day in China, where the relations of the State to religions are, I think, without parallel elsewhere in the modern world. One may find some resemblance to the attitude of the Roman emperors towards rites and worships among the population, in the Chinese emperor’s reverent observance and regulation of the rites and ceremonies performed by him as the religious chief and representative before Heaven of the great national interests. The deification of deceased emperors is a solemn rite ordained by proclamation. As the Ius sacrum, the body of rights and duties in the matter of religion, was regarded in Rome as a department of the Ius publicum, belonging to the fundamental constitution of the State, so in China the ritual code was incorporated into the statute books, and promulgated with imperial sanction. Now we know that in Rome the established ritual was legally prescribed, though otherwise strange deities and their worships were admitted indiscriminately. But the Chinese Government goes much further. It appears to regard all novel superstitions, and especially foreign worships, as the hotbed of sedition and disloyalty. Unlicensed deities and sects are put down by the police; magicians and sorcerers are arrested; and the peculiar Chinese practice of canonising deceased officials and paying sacrificial honours to local celebrities after death is strictly reserved by the Board of Ceremonies for imperial consideration and approval. The Censor, to whom any proposal of this kind must be entrusted, is admonished that he must satisfy himself by inquiry of its validity. An official who performs sacred rites in honour of a spirit or holy personage not recognised by the Ritual Code, was liable, under laws that may be still in force, to corporal punishment; and the adoration by private families of spirits whose worship is reserved for public ceremonial was a heinous offence. No such rigorous control over the multiplication of rites and deities has been instituted elsewhere. On the other hand, while in other countries the State has recognised no more than one established religion, the Chinese Government formally recognises three denominations. Buddhism has been sanctioned by various edicts and endowments, yet the State divinities belong to the Taoist pantheon, and their worship is regulated by public ordinances; while Confucianism represents official orthodoxy, and its precepts embody the latitudinarian spirit of the intellectual classes. We know that the Chinese people make use, so to speak, of all three religions indiscriminately, according to their individual whims, needs, or experience of results. So also a politic administration countenances these divisions and probably finds some interest in maintaining them. The morality of the people requires some religious sanction; and it is this element with which the State professes its chief concern. We are told on good authority that one of the functions of high officials is to deliver public lectures freely criticising and discouraging indolent monasticism and idolatry from the standpoint of rational ethics, as follies that are reluctantly tolerated. Yet the Government has never been able to keep down the fanatics, mystics, and heretical sects that are incessantly springing up in China, as elsewhere in Asia; though they are treated as pestilent rebels and law-breakers, to be exterminated by massacre and cruel punishments; and bloody repression of this kind has been the cause of serious insurrections. It is to be observed that all religious persecution is by the direct action of the State, not instigated or insisted upon by a powerful orthodox priesthood. But a despotic administration which undertakes to control and circumscribe all forms and manifestations of superstition in a vast polytheistic multitude of its subjects, is inevitably driven to repressive measures of the utmost severity. Neither Christianity nor Islam attempted to regulate polytheism, their mission was to exterminate it, and they succeeded mainly because in those countries the State was acting with the support and under the uncompromising pressure of a dominant church or faith. Some writers have noticed a certain degree of resemblance between the policy of the Roman empire and that of the Chinese empire toward religion. We may read in Gibbon that the Roman magistrates regarded the various modes of worship as equally useful, that sages and heroes were exalted to immortality and entitled to reverence and adoration, and that philosophic officials, viewing with indulgence the superstitions of the multitude, diligently practised the ceremonies of their fathers. So far, indeed, his description of the attitude of the State toward polytheism may be applicable to China; but although the Roman and Chinese emperors both assumed the rank of divinity, and were supreme in the department of worships, the Roman administration never attempted to regulate and restrain polytheism at large on the Chinese system. The religion of the Gentiles, said Hobbes, is a part of their policy; and it may be said that this is still the policy of Oriental monarchies, who admit no separation between the secular and the ecclesiastic jurisdiction. They would agree with Hobbes that temporal and spiritual government are but two words brought into the world to make men see double and mistake their lawful sovereign. But while in Mohammedan Asia the State upholds orthodox uniformity, in China and Japan the mainspring of all such administrative action is political expediency. It may be suggested that in the mind of these far-Eastern people religion has never been conceived as something quite apart from human experience and the affairs of the visible world; for Buddhism, with its metaphysical doctrines, is a foreign importation, corrupted and materialised in China and Japan. And we may observe that from among the Mongolian races, which have produced mighty conquerors and founded famous dynasties from Constantinople to Pekin, no mighty prophet, no profound spiritual teacher, has arisen. Yet in China, as throughout all the countries of the Asiatic mainland, an enthusiast may still gather together ardent proselytes, and fresh revelations may create among the people unrest that may ferment and become heated up to the degree of fanaticism, and explode against attempts made to suppress it. The Taeping insurrection, which devastated cities and provinces in China, and nearly overthrew the Manchu dynasty, is a striking example of the volcanic fires that underlie the surface of Asiatic societies. It was quenched in torrents of blood after lasting some ten years. And very recently there has been a determined revolt of the Lamas in Eastern Tibet, where the provincial administration is, as we know, sacerdotal.

The imperial troops are said to be crushing it with unrelenting severity. These are the perilous experiences of a philosophic Government that assumes charge and control over the religions of some three hundred millions of Asiatics.

I can only make a hasty reference to Japan. In that country the relations of the State to religions appear to have followed the Chinese model. Buddhism, Confucianism, Shintoism, are impartially recognised. The emperor presides over official worship as high priest of his people; the liturgical ordinances are issued by imperial rescripts not differing in form from other public edicts. The dominant article of faith is the divinity of Japan and its emperor; and Shinto, the worship of the gods of nature, is understood to be patronised chiefly with the motive of preserving the national traditions. But in Japan the advance of modern science and enlightened scepticism may have diminished the importance of the religious department. Shinto, says a recent writer, still embodies the religion of the people; yet in 1877 a decree was issued declaring it to be no more than a convenient system of State ceremonial.[ The Development of Religion in Japan, G. W. Knox, 1907] And in 1889 an article of the constitution granted freedom of belief and worship to all Japanese subjects, without prejudice to peace, order, and loyalty.

In India the religious situation is quite different. I think it is without parallel elsewhere in the world. Here we are at the fountainhead of metaphysical theology, of ideas that have flowed eastward and westward across Asia. And here, also, we find every species of primitive polytheism, unlimited and multitudinous; we can survey a confused medley of divinities, of rites and worships incessantly varied by popular whim and fancy, by accidents, and by the pressure of changing circumstances. Hinduism permits any doctrine to be taught, any sort of theory to be held regarding the divine attributes and manifestations, the forces of nature, or the mysterious functions of mind or body. Its tenets have never been circumscribed by a creed; its free play has never been checked or regulated by State authority. Now, at first sight, this is not unlike the popular polytheism of the ancient world, before the triumph of Christianity. There are passages in St. Augustine’s Civitas Dei, describing the worship of the unconverted pagans among whom he lived, that might have been written yesterday by a Christian bishop in India. And we might ask why all this polytheism was not swept out from among such a highly intellectual people as the Indians, with their restless pursuit of divine knowledge, by some superior faith, by some central idea. Undoubtedly the material and moral conditions, and the course of events which combine to stamp a particular form of religion upon any great people, are complex and manifold; but into this inquiry I cannot go. I can only point out that the institution of caste has riveted down Hindu society into innumerable divisions upon a general religious basis, and that the sacred books separated the Hindu theologians into different schools, preventing uniformity of worship or of creed. And it is to be observed that these books are not historical; they give no account of the rise and spread of a faith. The Hindu theologian would say, in the words of an early Christian father, that the objects of divine knowledge are not historical, that they can only be apprehended intellectually, that within experience there is no reality. And the fact that Brahmanism has no authentic inspired narrative, that it is the only great religion not concentrated round the life and teachings of a person, may be one reason why it has remained diffuse and incoherent. All ways of salvation are still open to the Hindus; the canon of their scripture has never been authoritatively closed. New doctrines, new sects, fresh theological controversies, are incessantly modifying and superseding the old scholastic interpretations of the mysteries, for Hindus, like Asiatics everywhere, are still in that condition of mind when a fresh spiritual message is eagerly received. Vishnu and Siva are the realistic abstractions of the understanding from objects of sense, from observation of the destructive and reproductive operations of nature; they represent among educated men separate systems of worship which, again, are parted into different schools or theories regarding the proper ways and methods of attaining to spiritual emancipation. Yet the higher philosophy and the lower polytheism are not mutually antagonistic; on the contrary, they support each other; for Brahmanism accepts and allies itself with the popular forms of idolatry, treating them as outward visible signs of an inner truth, as indications of all-pervading pantheism. The peasant and the philosopher reverence the same deity, perform the same rite; they do not mean the same thing, but they do not quarrel on this account. Nevertheless, it is certainly remarkable that this inorganic medley of ideas and worships should have resisted for so many ages the invasion and influence of the coherent faiths that have won ascendancy, complete or dominant, on either side of India, the west and the east; it has thrown off Buddhism, it has withstood the triumphant advance of Islam, it has as yet been little affected by Christianity. Probably the political history of India may account in some degree for its religious disorganisation. I may propound the theory that no religion has obtained supremacy, or at any rate definite establishment, in any great country except with the active co-operation, by force or favour, of the rulers, whether by conquest, as in Western Asia, or by patronage and protection, as in China. The direct influence and recognition of the State has been an indispensable instrument of religious consolidation. But until the nineteenth century the whole of India, from the mountains to the sea, had never been united under one stable government; the country was for ages parcelled out into separate principalities, incessantly contending for territory. And even the Moghul empire, which was always at war upon its frontiers, never acquired universal dominion. The Moghul emperors, except Aurungzeb, were by no means bigoted Mohammedans; and their obvious interest was to abstain from meddling with Hinduism. Yet the irruption of Islam into India seems rather to have stimulated religious activity among the Hindus, for during the Mohammedan period various spiritual teachers arose, new sects were formed, and theological controversies divided the intellectual classes. To these movements the Mohammedan governments must have been for a long time indifferent; and among the new sects the principle of mutual toleration was universal. Towards the close of the Moghul empire, however, Hinduism, provoked by the bigotry of the Emperor Aurungzeb, became a serious element of political disturbance. Attempts to suppress forcibly the followers of Nanak Guru, and the execution of one spiritual leader of the Sikhs, turned the Sikhs from inoffensive quietists into fanatical warriors; and by the eighteenth century they were in open revolt against the empire. They were, I think, the most formidable embodiment of militant Hinduism known to Indian history. By that time, also, the Marathas in South-West India were declaring themselves the champions of the Hindu religion against the Mohammedan oppression; and to the Sikhs and Marathas the dislocation of the Moghul empire may be very largely attributed. We have here a notable example of the dynamic power upon politics of revolts that are generated by religious fermentation, and a proof of the strength that can be exerted by a pacific inorganic polytheism in self-defence, when ambitious rebels proclaim themselves defenders of a faith. The Marathas and the Sikhs founded the only rulerships whose armies could give the English serious trouble in the field during the nineteenth century. On the whole, however, when we survey the history of India, and compare it with that of Western Asia, we may say that although the Hindus are perhaps the most intensely religious people in the world, Hinduism has never been, like Christianity, Islam, and to some extent Buddhism, a religion established by the State. Nor has it suffered much from the State’s power. It seems strange, indeed, that Mohammedanism, a compact proselytising faith, closely united with the civil rulership, should have so slightly modified, during seven centuries of dominion, this infinitely divided polytheism. Of course, Mohammedanism made many converts, and annexed a considerable number of the population—yet the effect was rather to stiffen than to loosen the bonds that held the mass of the people to their traditional divinities, and to the institution of castes. Moreover the antagonism of the two religions, the popular and the dynastic, was a perpetual element of weakness in a Mohammedan empire. In India polytheism could not be crushed, as in Western Asia, by Islam; neither could it be controlled and administered, as in Eastern Asia; yet the Moghul emperors managed to keep on good terms with it, so long as they adhered to a policy of toleration. To the Mohammedan empire has succeeded another foreign dominion, which practises not merely tolerance but complete religious neutrality.

Looking back over the period of a hundred years, from 1757 to 1857, during which the British dominion was gradually extended over India, we find that the British empire, like the Roman, met with little or no opposition from religion. Hindus and Mohammedans, divided against each other, were equally willing to form alliances with, and to fight on the side of, the foreigner who kept religion entirely outside politics. And the British Government, when established, has so carefully avoided offence to caste or creed that on one great occasion only, the Sepoy Mutiny of 1857, have the smouldering fires of credulous fanaticism broken out against our rule. I believe the British-Indian position of complete religious neutrality to be unique among Asiatic governments, and almost unknown in Europe. The Anglo-Indian sovereignty does not identify itself with the interests of a single faith, as in Mohammedan kingdoms, nor does it recognise a definite ecclesiastical jurisdiction in things spiritual, as in Catholic Europe. Still less has our Government adopted the Chinese system of placing the State at the head of different rituals for the purpose of controlling them all, and proclaiming an ethical code to be binding on all denominations. The British ruler, while avowedly Christian, ignores all religions administratively, interfering only to suppress barbarous or indecent practices when the advance of civilisation has rendered them obsolete. Public instruction, so far as the State is concerned, is entirely secular; the universal law is the only authorised guardian of morals; to expound moral duties officially, as things apart from religion, has been found possible in China, but not in India. But the Chinese Government can issue edicts enjoining public morality and rationalism because the State takes part in the authorised worship of the people, and the emperor assumes pontifical office. The British Government in India, on the other hand, disowns official connection with any religion. It places all its measures on the sole ground of reasonable expediency, of efficient administration; it seeks to promote industry and commerce, and material civilisation generally; it carefully avoids giving any religious colour whatever to its public acts; and the result is that our Government, notwithstanding its sincere professions of absolute neutrality, is sometimes suspected of regarding all religion with cynical indifference, possibly even with hostility. Moreover, religious neutrality, though it is right, just, and the only policy which the English in India could possibly adopt, has certain political disadvantages. The two most potent influences which still unite and divide the Asiatic peoples, are race and religion; a Government which represents both these forces, as, for instance, in Afghanistan, has deep roots in a country. A dynasty that can rely on the support of an organised religion, and stands forth as the champion of a dominant faith, has a powerful political power at its command. The Turkish empire, weak, ill-governed, repeatedly threatened with dismemberment, embarrassed internally by the conflict of races, has been preserved for the last hundred years by its incorporation with the faith of Islam, by the Sultan’s claim to the Caliphate. To attack it is to assault a religious citadel; it is the bulwark on the west of Mohammedan Asia, as Afghanistan is the frontier fortress of Islam on the east. A leading Turkish politician has very recently said: ‘It is in Islam pure and simple that lies the strength of Turkey as an independent State; and if the Sultan’s position as religious chief were encroached upon by constitutional reforms, the whole Ottoman empire would be in danger.’ We have to remember that for ages religious enthusiasm has been, and still is in some parts of Asia, one of the strongest incentives to military ardour and fidelity to a standard on the battlefield. Identity of creed has often proved more effective, in war, than territorial patriotism; it has surmounted racial and tribal antipathies; while religious antagonism is still in many countries a standing impediment to political consolidation. When, therefore, we survey the history of religions, though this sketch is necessarily very imperfect and inadequate, we find Mohammedanism still identified with the fortunes of Mohammedan rulers; and we know that for many centuries the relations of Christianity to European States have been very close. In Europe the ardent perseverance and intellectual superiority of great theologians, of ecclesiastical statesmen supported by autocratic rulers, have hardened and beat out into form doctrines and liturgies that it was at one time criminal to disregard or deny, dogmatic articles of faith that were enforced by law. By these processes orthodoxy emerged compact, sharply defined, irresistible, out of the strife and confusion of heresies; the early record of the churches has pages spotted with tears and stained with blood. But at the present time European States seem inclined to dissolve their alliance with the churches, and to arrange a kind of judicial separation between the altar and the throne, though in very few cases has a divorce been made absolute. No State, in civilised countries, now assists in the propagation of doctrine; and ecclesiastical influence is of very little service to a Government. The civil law, indeed, makes continual encroachments on the ecclesiastical domain, questions its authority, and usurps its jurisdiction. Modern erudition criticises the historical authenticity of the scriptures, philosophy tries to undermine the foundations of belief; the governments find small interest in propping up edifices that are shaken by internal controversies. In Mohammedan Asia, on the other hand, the connection between the orthodox faith and the States is firmly maintained, for the solidarity is so close that disruptions would be dangerous, and a Mohammedan rulership over a majority of unbelievers would still be perilously unstable. I have thus endeavoured to show that the historical relations of Buddhism and Hinduism to the State have been in the past, and are still in the present time, very different from the situation in the West. There has always existed, I submit, one essential distinction of principle. Religious propagation, forcible conversion, aided and abetted by the executive power of the State, and by laws against heresy or dissent, have been defended in the West by the doctors of Islam, and formerly by Christian theologians, by the axiom that all means are justifiable for extirpating false teachers who draw souls to perdition. The right and duty of the civil magistrate to maintain truth, in regard to which Bossuet declared all Christians to be unanimous, and which is still affirmed in the Litany of our Church, is a principle from which no Government, three centuries ago, dissented in theory, though in practice it needed cautious handling. I do not think that this principle ever found its way into Hinduism or Buddhism; I doubt, that is to say, whether the civil government was at any time called in to undertake or assist propagation of those religions as part of its duty. Nor do I know that the States of Eastern Asia, beyond the pale of Islam, claim or exercise the right of insisting on conformance to particular doctrines, because they are true. The erratic manifestations of the religious spirit throughout Asia, constantly breaking out in various forms and figures, in thaumaturgy, mystical inspiration, in orgies and secret societies, have always disquieted these Asiatic States, yet, so far as I can ascertain, the employment of force to repress them has always been justified on administrative or political grounds, as distinguishable from theological motives pure and simple. Sceptics and agnostics have been often marked out for persecution in the West, but I do not think that they have been molested in India, China, or Japan, where they abound, because they seldom meddle with politics.[ ‘Atheism did never disturb States’ (Bacon)]. It may perhaps be admitted, however, that a Government which undertakes to regulate impartially all rites and worship among its subjects is at a disadvantage by comparison with a Government that acts as the representative of a great church or an exclusive faith. It bears the sole undivided responsibility for measures of repression; it cannot allege divine command or even the obligation of punishing impiety for the public good. To conclude. In Asiatic States the superintendence of religious affairs is an integral attribute of the sovereignty, which no Government, except the English in India, has yet ventured to relinquish; and even in India this is not done without some risk, for religion and politics are still intermingled throughout the world; they act and react upon each other everywhere. They are still far from being disentangled in our own country, where the theory that a Government in its collective character must profess and even propagate some religion has not been very long obsolete. It was maintained seventy years ago by a great statesman who was already rising into prominence, by Mr. Gladstone. The text of Mr. Gladstone’s argument, in his book on the relations of the State with the Church, was Hooker’s saying, that the religious duty of kings is the weightiest part of their sovereignty; while Macaulay, in criticising this position, insisted that the main, if not the only, duty of a Government, to which all other objects must be subordinate, was the protection of persons and property. These two eminent politicians were, in fact, the champions of the ancient and the modern ideas of sovereignty; for the theory that a State is bound to propagate the religion that it professes was for many centuries the accepted theory of all Christian rulerships, though I think it now survives only in Mohammedan kingdoms. As the influence of religion in the sphere of politics declines, the State becomes naturally less concerned with the superintendence of religion; and the tendency of constitutional Governments seems to be towards abandoning it. The States that have completely dissolved connection with ecclesiastical institutions are the two great republics, the United States of America and France. We can discern at this moment a movement towards constitutional reforms in Mohammedan Asia, in Turkey, and Persia, and if they succeed it will be most interesting to observe the effect which liberal reforms will produce upon the relation of Mohammedan Governments with the dominant faith, and on which side the religious teachers will be arrayed. It is certain, at any rate, that for a long time to come religion will continue to be a potent factor in Asiatic politics; and I may add that the reconciliation of civil with religious liberty is one of the most arduous of the many problems to be solved by the promoters of national unity.”

An Indian Reply to President Zardari: Rewarding Pakistan for bad behaviour leads to schizophrenic relationships

An Indian Reply to President Zardari:

 

Rewarding Pakistan for bad behaviour leads to schizophrenic relationships

 

by

Subroto Roy

 

Pakistan President Asif Ali Zardari’s recent argument in the New York Times resembles closely the well-known publications of his ambassador to the United States, Mr Husain Haqqani.  Unfortunately, this Zardari-Haqqani thesis about Pakistan’s current predicament in the world and the world’s predicament with Pakistan is shot through with clear factual and logical errors. These  need to be aired because true or useful conclusions cannot be reached from mistaken premises or faulty reasoning.

1.  Origins of Pakistan, India, J&K, and their mutual problems

Mr Zardari makes the following seemingly innocuous statement:

“…. the two great nations of Pakistan and India, born together from the same revolution and mandate in 1947, must continue to move forward with the peace process.”

Now as a matter of simple historical fact, the current entities in the world system known as India and Pakistan were not “born together from the same revolution and mandate in 1947”.  It is palpably false to suppose they were and Pakistanis indulge in wishful thinking and self-deception about their own political history if they suppose this.

India’s Republic arose out of the British Dominion known as “India” which was the legal successor of the entity known previously in international law as “British India”.  British India had had secular governance and so has had the Indian Republic.

By contrast, the Islamic Republic of Pakistan arose out of a newly created state in international law known as the British Dominion of Pakistan, consisting of designated territory carved out of British India by a British decision and coming into existence one day before British India extinguished itself. (Another new state, Bangladesh, later seceded from Pakistan.)

The British decision to create territory designated “Pakistan” had nothing to do with any anti-British “revolution” or “mandate” supported by any Pakistani nationalism because there was none.  (Rahmat Ali’s anti-Hindu pamphleteering in London could be hardly considered Pakistani nationalism against British rule.  Khan Abdul Ghaffar Khan’s Pashtun patriots saw themselves as Indian, not Pakistani.)

To the contrary, the British decision had to do with a small number of elite Pakistanis — MA Jinnah foremost among them — demanding not to be part of the general Indian nationalist movement that had been demanding a British departure from power in the subcontinent.   Jinnah’s separatist party, the Muslim League, was trounced in the 1937 provincial elections in all the Muslim-majority areas of British India that would eventually become Pakistan.  Despite this, in September 1939, Britain, at war with Nazi Germany, chose to elevate the political power of Jinnah and his League to parity with the general Indian nationalist movement led by MK Gandhi.  (See, Francis Robinson, in William James and Subroto Roy (eds), Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s.)  Britain needed India’s mostly Muslim infantry-divisions — the progenitors of the present-day Pakistan Army — and if that meant tilting towards a risky political idea of “Pakistan” in due course, so it would be.  The thesis that Pakistan arose from any kind of “revolution” or “mandate” in 1947 is  fantasy — the Muslim super-elite that invented and endorsed the Pakistan idea flew from Delhi to Karachi in chartered BOAC Dakotas, caring not a hoot about the vulnerability of ordinary Muslim masses to Sikh and Hindu majority wrath and retaliation on the ground.

Modern India succeeded to the rights and obligations of British India in international law, and has had a recognized existence as a state since at least the signing of the Armistice and Treaty of Versailles in 1918-1919.  India was a founding member of the United Nations, being a signatory of the 1945 San Francisco Declaration, and an original member of the Bretton Woods institutions.  An idea put forward by Argentina that as of 1947 India and Pakistan were both successor states of British India was rejected by the UN (Argentina withdrew its own suggestion), and it was universally acknowledged India was already a member of the UN while Pakistan would have to (and did) apply afresh for membership as a newly created state in the UN.  Pakistan’s entry into the UN had the enthusiastic backing of India and was opposed by only one existing UN member, Afghanistan, due to a conflict that continues to this day over the legitimacy of the Durand Line that bifurcated the Pashtun areas.

Such a review of elementary historical facts and the position in law of Pakistan and India is far from being of merely pedantic interest today.  Rather, it goes directly to the logical roots of the conflict over the erstwhile State of Jammu and Kashmir (J&K) — a state that itself originated as an entity in the world system a full century before Pakistan was to do so and more than half a century before British India did, but which would collapse into anarchy and civil war in 1947-1949.

Britain (or England) had been a major nation-state in the world system recognized since Grotius first outlined modern international law. On March 16 1846, Britain entered into a treaty, the Treaty of Amritsar, with one Gulab Singh, and the “State of Jammu & Kashmir” came to arise as a recognizable entity in international law for the first time. (See my “History of Jammu and Kashmir” published in The Statesman, Oct 29-30 2006, available elsewhere here.)

Jammu & Kashmir continued in orderly existence as a state until it crashed into legal and political anarchy and civil war a century later.  The new Pakistan had entered into a “Standstill Agreement” with the State of Jammu & Kashmir as of August 15 1947. On or about October 22 1947, Pakistan unilaterally ended that Standstill Agreement and instead caused military forces from its territory to attack the State of Jammu & Kashmir along the Mansehra Road towards Baramula and Srinagar, coinciding too with an Anglo-Pakistani coup d’etat in Gilgit and Baltistan (see my “Solving Kashmir”; “Law, Justice & J&K”; “Pakistan’s Allies”, all published in The Statesman in 2005-2006 and available elsewhere here).

The new Pakistan had chosen, in all deliberation, to forswear law, politics and diplomacy and to resort to force of arms instead in trying to acquire J&K for itself via a military decision.  It succeeded only partially.  Its forces took and then lost both Baramula and Kargil; they may have threatened Leh but did not attempt to take it; they did take and retain Muzaffarabad and Skardu; they were never near taking the summer capital, Srinagar, though might have threatened the winter capital, Jammu.

All in all, a Ceasefire Line came to be demarcated on the military positions as of February 1 1949.  After a war in 1971 that accompanied the secession of Bangladesh from Pakistan, that Ceasefire Line came to be renamed the “Line of Control” between Pakistan and India. An ownerless entity may be acquired by force of arms — the erstwhile State of Jammu & Kashmir in 1947-1949 had become an ownerless entity that had been dismembered and divided according to military decision following an armed conflict between Pakistan and India.  The entity in the world system known as the “State of Jammu & Kashmir” created on March 16 1846 by Gulab Singh’s treaty with the British ceased to exist as of October 22 1947.  Pakistan had started the fight over J&K but there is a general rule of conflicts that he who starts  a fight does not get to finish it.

 

Such is the simplest and most practical statement of the history of the current problem.  The British, through their own compulsions and imperial pretensions, raised all the talk about a “Lapse of Paramountcy” of the British Crown over the “Native Princes” of “Indian India”, and of how, the “Native Princes” were required to “accede” to either India or Pakistan.  This ignored Britain’s own constitutional law.  BR Ambedkar pointed out with unsurpassed clarity that no “Lapse of Paramountcy” was possible even for a single logical moment since “Paramountcy” over any “Native Princes” who had not joined India or Pakistan as of August 15 1947, automatically passed from British India to its legal successor, namely, the Dominion of India.   It followed that India’s acquiescence was required for any subsequent accession to Pakistan – an acquiescence granted in case of Chitral and denied in case of Junagadh.

 

What the Republic of India means by saying today that boundaries cannot be redrawn nor any populations forcibly transferred is quite simply that the division of erstwhile J&K territory is permanent, and that sovereignty over it is indivisible. What Pakistan has claimed is that India has been an occupier and that there are many people inhabiting the Indian area who may not wish to be Indian nationals and who are being compelled against their will to remain so ~  forgetting to add that precisely the same could be said likewise of the Pakistani-held area. The lawful solution I proposed in “Solving Kashmir, “Law, Justice and J&K” and other works has been that the Republic of India invite every person covered under its Article 370, citizen-by-citizen, under a condition of full information, to privately and without fear decide, if he/she has not done so already, between possible Indian, Iranian, Afghan or Pakistani nationalities ~ granting rights and obligations of permanent residents to any of those persons who may choose for whatever private reason not to remain Indian nationals. If Pakistan acted likewise, the problem of J&K would indeed come to be resolved. The Americans, as self-appointed mediators, have said they wish “the people of the region to have a voice” in a solution: there can be no better expression of such voice than allowing individuals to privately choose their own nationalities and their rights and responsibilities accordingly. The issue of territorial sovereignty is logically distinct from that of the choice of nationality by individual inhabitants.

 

 

2.  Benazir’s assassination falsely compared to the Mumbai massacres

Secondly, President Zardari draws a mistaken comparison between the assassination last year of his wife, Benazir Bhutto, and the Mumbai massacres a few weeks ago.  Ms Bhutto’s assassination may resemble more closely the assassinations in India of Indira Gandhi in 1984 and Rajiv Gandhi in 1991.

 

Indira Gandhi died in “blowback” from the unrest she and her younger son and others in their party had opportunistically fomented among Sikh fundamentalists and sectarians since the late 1970s.  Rajiv Gandhi died in “blowback” from an erroneous imperialistic foreign policy that he, as Prime Minister, had been induced to make by jingoistic Indian diplomats, a move that got India’s military needlessly involved in the then-nascent Sri Lankan civil war.  Benazir Bhutto similarly may be seen to have died in “blowback” from her own political activity as prime minister and opposition leader since the late 1980s, including her own encouragement of Muslim fundamentalist forces.  Certainly in all three cases, as in all assassinations, there were lapses of security too and imprudent political judgments made that contributed to the tragic outcomes.

 

Ms Bhutto’s assassination has next to nothing to do with the Mumbai massacres, besides the fact the perpetrators in both cases were Pakistani terrorists.  President Zardari saying he himself has lost his wife to terrorism is true but not relevant to the proper diagnosis of the Mumbai massacres or to Pakistan-India relations in general.  Rather, it  serves to deflect criticism and condemnation of the Pakistani state’s pampered handing of Pakistan’s terrorist masterminds, as well as the gross irresponsibility of Pakistan’s military scientists (not AQ Khan) who have been recently advocating a nuclear first strike against India in the event of war.

 

 

3.  Can any religious nation-state be viable in the modern world?

President Zardari’s article says:

 

“The world worked to exploit religion against the Soviet Union in Afghanistan by empowering the most fanatic extremists as an instrument of destruction of a superpower. The strategy worked, but its legacy was the creation of an extremist militia with its own dynamic.”

 

This may be overly simplistic.  As pointed out in my article “Pakistan’s Allies”,  Gregory Zinoviev himself  after the Bolshevik Revolution had declared that international communism “turns today to the peoples of the East and says to them, ‘Brothers, we summon you to a Holy War first of all against British imperialism!’ At this there were cries of Jehad! Jehad! And much brandishing of picturesque Oriental weapons.” (Treadgold, Twentieth Century Russia, 1990, p. 213).   For more than half of the 20th century, orthodox Muslims had been used by Soviet communists against British imperialism, then by the British and Americans (through Pakistan) against Soviet communism.  Touché! Blowback and counter-blowback!  The real question that arises from this today may be why orthodox Muslims have allowed themselves to be used either way by outside forces and have failed in developing a modern nation-state and political culture of their own.  Europe and America only settled down politically after their religious wars were over.  Perhaps no religious nation-state is viable in the modern world.

 

 

4.  Pakistan’s behaviour leads to schizophrenia in international relations

 

President Zardari pleads for, or perhaps demands, resources from the world:

“the best response to the Mumbai carnage is to coordinate in counteracting the scourge of terrorism. The world must act to strengthen Pakistan’s economy and democracy, help us build civil society and provide us with the law enforcement and counterterrorism capacities that will enable us to fight the terrorists effectively.”

Six million pounds from Mr Gordon Brown, so much from here or there etc —  President Zardari has apparently demanded 100 billion dollars from America and that is the price being talked about for Pakistan to dismantle its nuclear weapons and be brought under an American “nuclear umbrella” instead.

I have pointed out elsewhere that what Pakistan seems to have been doing in international relations for decades is send out “mixed messages” – i.e. contradictory signals,  whether in thought, word or deed.  Clinical psychologists following the work of Gregory Bateson would say this leads to confusion among Pakistan’s interlocutors (a “double bind”) and the symptoms arise of what may be found in schizophrenic relationships.  (See my article “Do President-elect Obama’s Pakistan specialists believe…”; on the “double bind” theory,  an article I chanced to publish in the Journal of Genetic Psychology, 1986, may be of interest).

Here are a typical set of “mixed messages” emanating from Pakistan’s government and opinion-makers:

“We have nuclear weapons
“We keep our nuclear weapons safe from any misuse or unauthorized use
“We are willing to use nuclear weapons in a first strike against India
“We do not comprehend the lessons of Hiroshima-Nagasaki
“We do not comprehend the destruction India will visit upon us if we strike them
“We are dangerous so we must not be threatened in any way
“We are peace-loving and want to live in peace with India and Afghanistan
“We love to play cricket with India and watch Bollywood movies
“We love our Pakistan Army as it is one public institution that works
“We know the Pakistan Army has backed armed militias against India in the past
“We know these militias have caused terrorist attacks
“We are not responsible for any terrorist attacks
“We do not harbour any terrorists
“We believe the world should pay us to not use or sell our nuclear weapons
“We believe the world should pay us to not encourage the terrorists in our country
“We believe the world should pay us to prevent terrorists from using our nuclear weapons
“We hate India and do not want to become like India
“We love India and want to become like India
“We are India and we are not India…”

Etc.

A mature rational responsible and self-confident Pakistan would have said instead:

“We apologise to India and other countries for the outrageous murders our nationals have committed in Mumbai and elsewhere
“We ask the world to watch how our professional army is deployed to disarm civilian and all “non-state” actors of unauthorized firearms and explosives
“We do not need and will not demand or accept a dollar in any sort of foreign aid, military or civilian, to solve our problems
“We realize our economic and political institutions are a mess and we must clean them up
“We will strive to build a society imbued with what Iqbal described as the spirit of modern times..”

As someone who created at great personal cost at an American university twenty years ago the book Foundations of Pakistan’s Political Economy: Towards an Agenda for the 1990s, I have a special interest in hoping that Pakistan shall find the path of wisdom.

John Wisdom, Renford Bambrough: Main Philosophical Works

John Wisdom (1904-1993), Main Philosophical Works:

 

Interpretation and Analysis, 1931

Problems of Mind and Matter 1934

Other Minds, 1952

Philosophy & Psychoanalysis, 1953

Paradox & Discovery, 1965

Logical Constructions (1931-1933),1969

Proof and Explanation (The Virginia Lectures 1957), 1991

Secondary literature:

Wisdom: Twelve Essays, R. Bambrough (ed) 1974

Philosophy and Life: Essays on John Wisdom, I. Dilman (ed) 1984.

 

 

Renford Bambrough (1926-1999), Main Philosophical Works:

“Socratic Paradox”, Philosophical Quarterly, 1960

“Universals and Family Resemblances”, Proceedings of the Aristotelian Society 1960-61

“Plato’s Modern Friends and Enemies”, Philosophy 1962

The Philosophy of Aristotle, 1963

“Principia Metaphysica”, Philosophy 1964

New Essays on Plato and Aristotle (edited by R. Bambrough), 1965

“Unanswerable Questions”, Proceedings of the Aristotelian Society Supplement 1966

Plato, Popper and Politics (edited by R. Bambrough), 1967

Reason, Truth and God 1969

“Foundations”, Analysis, 1970

“Objectivity and Objects”, Proceedings of the Aristotelian Society 1971-72

“How to Read Wittgenstein”, in Understanding Wittgenstein, Royal Institute of Philosophy 1972-3

“The Shape of Ignorance”, in Lewis (ed) Contemporary British Philosophy, 1976

Introduction & Notes to Plato’s Republic (Lindsay trans.), 1976

Conflict and the Scope of Reason, 1974; also in Ratio 1978

“Intuition and the Inexpressible” in Katz (ed) Mysticism & Philosophical Analysis, 1978

Moral Scepticism and Moral Knowledge, 1979

“Thought, Word and Deed”, Proceedings of Aristotelian Society Supplement 1980

“Peirce, Wittgenstein and Systematic Philosophy”, MidWest Studies in Philosophy, 1981

“The Scope of Reason: An Epistle to the Persians”, in Objectivity and Cultural Divergence, Royal Institute of Philosophy, 1984

“Principia Metaphysica: The Scope of Reason” also known as “The Roots of Reason”; a work and manuscript mentioned several times but now unknown.

A personal note by Subroto Roy for a public lecture delivered at the University of Buckingham, August 24 2004:

“Renford Bambrough and I met once on January 31 1982, when I had returned to Cambridge from the USA for my PhD viva voce examination. He signed and gave me his last personal copy of Reason, Truth and God. Three years earlier, in 1979, I, as a 24 year old PhD student under F.H. Hahn in economics, had written to him expressing my delight at finding his works and saying these were immensely important to economics; he invited me to his weekly discussion groups at St John’s College but I could not attend. Between 1979 and 1989 we corresponded while I worked in America on my application of his and Wisdom’s work to problems in economics, which emerged in Philosophy of Economics: On the Scope of Reason in Economic Inquiry (Routledge, International Library of Philosophy 1989, 1991), a work which got me into a lot of trouble with American economists (though Milton Friedman and Theodore W. Schultz defended it). Bambrough said of it “The work is altogether well-written and admirably clear”. On another occasion he said he was “extremely pleased” at the interest I had taken in his work. The preface of my book said he was not responsible for the use I had made of his writings, which I reiterate now. Returning to Britain in 2004, I find the work of Wisdom and Bambrough unknown or forgotten, even at the great University North East of Buckingham where they had lived and worked. In my view, they played a kind of modern-day Plato and Aristotle to Wittgenstein’s Socrates; in terms of Eastern philosophy, the wisdom they achieved in their lives and have left behind for us in their work to use and apply to our own problems, make them like modern-day “Boddhisatvas” of Mahayana Buddhism. My lecture “Science, Religion, Art, and the Necessity of Freedom” purports to apply their work to current international problems of grave significance, namely the cultural conflicts made apparent since the September 11 2001 attacks on America. As I am as likely to fail as to succeed in making this application, the brief bibliography given above is intended to direct interested persons to their work first hand for themselves.”

April 2007:

See *Philosophy of Economics: On the Scope of Reason in Economic Inquiry*, “Science, Religion, Art & the Necessity of Freedom”
*Physics and Reasoning*

 

Saving Pakistan: A Physicist/Political Philosopher May Represent Iqbal’s “Spirit of Modern Times”

Saving Pakistan: A Physicist/Political Philosopher May Represent Iqbal’s “Spirit of Modern Times”

by Subroto Roy

First published in The Statesman, Editorial Page Special Article, August 13 2007, http://www.thestatesman.net

Pakistan’s Nobel winning particle physicist Abdus Salam (1926-1996) was, like Pakistan’s most eminent jurist Zafrullah Khan (1893-1985), treated badly by his country and compatriots merely because of his religious beliefs as an Ahmadiya/Qadiani. This itself may be an adequate reason for secular thinking when it comes to identifying Pakistan’s or any country’s interests. Pakistan has had eminent poets and writers but there have been no dedicated first-rate technical economists ~ and no serious political philosophers other than, recently, Pervez Hoodbhoy who is a physicist. Most political economy by Pakistanis about Pakistan has tended to be at the level of World Bank bureaucratic reports or traveller’s tales, which have their uses but hardly amount to profound insight or significant scholarship. (We in India also have had numerous minor World Bank/UN bureaucrats, with or without PhDs about anything, passing themselves off as experts on India’s political economy.)

Yet during Pakistan’s present national crisis (and Pakistan has continually faced crises ever since 1947) people must go back to first principles of political economy and ask questions like “Who are we?”; “What are we doing to ourselves?”; “What is our future?” etc ~ questions about national identity and national viability and national purpose.

Abu Dhabi Pact

On 29-30 July, a deal was reportedly struck in Abu Dhabi after a secret face-to-face meeting between Pervez Musharraf and Benazir Bhutto: he would stay on as President for five years, she would be PM and Head of Government, have prosecutions against her dropped and get back her enormous frozen wealth. Such would be the intended outcome of the long-touted return to fair competitive elections later this year. The deal was brokered by British, American, Saudi and other go-betweens outside Pakistan, and is an overt way of keeping Musharraf in power while also seeming to allow a large concession by way of the return of a purported symbol of democracy like Benazir.

But Benazir seems out of touch with reality. When she returned two decades ago as a young unmarried woman confronting General Zia ul-Haq, she was a genuine popular hero. Her father’s judicial execution at Zia’s hands was still fresh in public memory, and Zulfiqar Ali Bhutto, no matter how misguided his ideologies, had some makings of a serious modern Pakistani nationalist politician.

Benazir as a middle aged matron is not her father and has lost almost all political credibility with her flip-flopping opportunism, and is now seen merely as a face agreeable to the West. Her good looks were discussed on American TV by the comedian Bill Maher while Musharraf’s publicity agent had him sharing jokes on a rival TV comedy – however, American TV audiences are or should not be a Pakistani constituency.

Benazir also forgets that Zia had set up Nawaz Sharif as an ally of the Pakistan military against her own populism in the late 1980s, just as she is being set up now as an ally of the same military against people like Sharif, Javed Hashmi, Maulana Fazlur Rahman and Imran Khan. Musharraf overthrew Sharif and jailed Hashmi and they are his declared foes; the other two have expressed opinions hostile to Western military presence in Pakistan and Afghanistan. The Maulana made a nationalistic overture towards India, while Imran has openly praised Indian democracy despite its faults. But Indian foreign policy has not responded and seems under manifest influence of the Western powers ~ had we felt and thought with genuine independence we could have, for example, easily declared and implemented large-scale humanitarian food-aid from the FCI’s wheat-stocks for the people of Afghanistan and Iraq as was suggested in these pages a year ago.

A Musharraf-Benazir alliance is hardly destined to save Pakistan and will be no more than a cynical example of short-term opportunism: we in India can expect them to use J&K as traditional rhetorical camouflage for their own continuing misgovernance and corruption. As in Iraq, Palestine and Afghanistan, the Western powers face the dilemma that any government they support in Pakistan will be perceived as lacking legitimacy while a genuine hands-off policy could result in legitimate popular governments which seem to Western Governments beyond their control and hence seemingly adverse to Western interests.

The West has long ill-understood Pakistan, partly because it has seen Pakistan merely to be used as a source of convenient military manpower and real-estate for itself as and when necessary. American diplomats were reporting as early as November 1951 that Maulana Maududi’s Jamaat were hostile to the “evils” of Western materialism which they wanted to “do away with root and branch” in the country. In January 1976, American diplomats were reporting Pakistan’s “crash program to develop nuclear weapons”, and by June 1983 that Pakistan was close to nuclear test capability, intended to deter aggression by India “which remains Pakistan’s greatest security concern”. For Islamic revivalism to coincide with nuclear weapons in the last decade has been something long-predictable if there had been adequate will to do so.

Right wing politicians and religious fundamentalists have come to power in countries with nuclear weapons without untoward results, e.g., Likud in Israel or the BJP/RSS in India. (It is America’s present leaders, as well as all main Democrat and Republican presidential candidates except Ron Paul, who have unilaterally threatened nuclear attacks on a non-nuclear country that has not committed aggression against anyone.) There is no obvious reason why an elected legitimate “conservative” or right wing government in Pakistan must come to pose a special nuclear danger to anyone. If it is serious about governance (which Musharraf-Benazir may not be), it may even succeed in finding enough sobriety and political honesty to start to face up to Pakistan’s real economic and social problems which are vast in size and scope.

Wali Allah vs Iqbal

“We are an Arab people whose fathers have fallen in exile in the country of Hindustan, and Arabic genealogy and Arabic language are our pride,” said Wali Allah (1703-1762). Two centuries later, Mohammad Iqbal (1877-1938), in his 1930 Presidential Speech to the Muslim League in Allahabad conceptualising today’s Pakistan, wished precisely to become free of that Arab influence: “I would like to see the Punjab, NWFP, Sind and Baluchistan amalgamated into a single state… The life of Islam as a cultural force in this living country very largely depends on its centralisation in a specified territory… For India it means security and peace resulting from an internal balance of power, for Islam an opportunity to rid itself of the stamp that Arabian Imperialism was forced to give it, to mobilise its law, its education, its culture, and to bring them into closer contact with its own original spirit and the spirit of modern times.”

That “spirit of modern times” is today represented most prominently in Pakistan by Pervez Hoodbhoy. In a December 2006 speech, Hoodbhoy suggested a new alternative to MA Jinnah’s ”Faith, Unity, Discipline” slogan: “First, I wish for minds that can deal with the complex nature of truth…. My second wish is for many more Pakistanis who accept diversity as a virtue… My third, and last, wish is that Pakistanis learn to value and nurture creativity.” And he has spoken of bringing “economic justice to Pakistan”, of the “fight to give Pakistan’s women the freedom which is their birthright”, and of people to “wake up” and engage politically. We shall witness a most engaging battle if Benazir and her new military friends all representing the jaded and corrupt old political power structures, come to face in the elections a new conservative alliance of people like Sharif, Hashmi, Fazlur Rahman and Imran all infused with Hoodbhoy’s scientific liberalism representing Iqbal’s ”spirit of modern times”.

Home Team Advantage

Home Team Advantage

On US-Iran talks and Sunni-Shia subtleties: Tehran must transcend its revolution and endorse the principle that the House of Islam has many mansions

First published in The Sunday Statesman Editorial Page, Special Article, June 3 2007


By SUBROTO ROY

On Monday 28 May in Baghdad,the American and Iranian Governments held their first official face-to-face talks in some 26 or 27 years. This sheer fact is a good thing. For more than two years there has been incessant sabre-rattling and gunboat diplomacy by the USA against Iran, as well as provocative words and deeds by Iran’s President against America’s Israeli ally (though it is apparently false his words included saying he wished Israel “wiped off the map”). Palmerston said there are no permanent allies among nations. The last unofficial transactions had to do with the notorious “Iran-contra” affair which blighted Ronald Reagan’s second term as President. Iran was sold American weapons from Israel (yes, the same Iran and same Israel) for use against Iraq (the same Saddam’s Iraq which had been Rumsfeld’s friend and which apparently received American intelligence and logistics help against yes, the same Iran); the moneys the Americans received were then used to pay for anti-Sandinista “contra” forces in Nicaragua (so they could, for example, buy American weapons too). Apart from that unofficial and embarrassing “Iran-contra” affair, the American and Iranian Governments had not had face-to-face discussion since diplomatic relations broke in 1980 during the “hostage crisis”.

Arthur Millspaugh, an American invited by the Iranians to help their public finances, once wrote: “Persia cannot be left to herself, even if the Russians were to keep their hands off politically.… Persia has never yet proved its capacity for independent self-government.” The title of his 1925 book America’s Task in Persia reflected the old paternalist attitude that an imperialist power must necessarily know better than local people what happens to be in their interest in the way a parent knows better than a child. Even that otherwise great libertarian JS Mill himself once suggested that contact with a “superior people” allowed rapid advancement. India’s “Lenin Peace Prize” winner and Soviet sympathiser KPS Menon Sr (grandfather of our present top diplomat) said the same after the 1979 invasion and occupation by the USSR of Afghanistan. Nationalists of all colours and times ~ from Tom Paine, Patrick Henry (“Give me liberty or give me death”) and George Washington to Bal Gangadhar Tilak (“Swaraj is my birthright and I shall have it”), Ho Chi Minh and Ayatollah Khomeini ~ would disagree.

Indeed, in the Iranian case, the Khomeini Revolution was the antithesis of the imperialist doctrine. But Iranian revolutionaries then seized the American Embassy on 4 November 1979 and took 66 hostages. Thirteen women and black Americans were released two weeks later; one man was released due to ill-health in July 1980. In a failed attempt to rescue the remaining 52, eight American military personnel died on 25 April 1980. The 52 hostages, including two women and one black, were released on 20 January 1981 under the “Algiers Accord”, a day before Reagan became President. Even if the US Embassy in Tehran had been a den of spies, as the Iranians claimed, the Revolutionary Government could have ordered them all to leave and ended diplomatic relations.

Instead hostages were taken in deliberate violation of international law. The United States Government under duress on 19 January 1981 had to sign the “Algiers Accord”, the first point of which stated: “Non-Intervention in Iranian Affairs: The United States pledges that it is and from now on will be the policy of the United States not to intervene, directly or indirectly, politically or militarily, in Iran’s internal affairs.” That was the “blowback” from the coup d’etat against Iran’s democratic government under Mossadeq in 1953 which the CIA had engineered. Modern US-Iran relations have been about two wrongs ~ indeed multiple wrongs ~ not making a right.

From Algiers until the Baghdad meeting there was no official interaction between the USA and Iran (besides the Iran-contra affair and American relief supplies during an Iranian earthquake). The present US-Iran talks had to do with the catastrophic mess in Iraq, and were held via the current Al-Maliki Government of Iraq which is beholden to both as patrons.

Saddam’s Iraq had been officially secular not an “Islamic Republic”. But its Baathist national-socialism (with yes, a few silly Nazi aspects) had been populated mostly by Saddam’s fellow Sunnis, and there was some vicious anti-Shia persecution.
Doctrinally, the Sunni-Shia conflict may have originated during Prophet Muhammad’s lifetime. “In the words of al-Baghdadi, a Sunni is one who believes in the creation of the universe, the unity and pre-existence of its Maker, the apostolate of Muhammad, recognizes and observes the duties of the five prayers, fast of Ramazan, poor-rate and pilgrimage, and does not adulterate his faith with an abominable innovation which leads to heresy.” (Imtiaz Ahmad in Grewal ed. Religious Movements and Institutions in Medieval India, p.277). Shias claim that exegetical authorities, both Sunni and Shia, record the Prophet on 10 March 632 AD at the pool of Ghadir “while returning from his last pilgrimage to Mecca… delivered his farewell address” in which he declared Ali ibn Abi Talib his successor (S. Ali Nadeem Rezavi, ibid., p. 281). No logical contradiction between Sunnis and Shias seems obvious from this.

But there also have been racial and cultural aspects to the division. Arabs, though not Iraqi Arabs, are mostly Sunni while Iranians are mostly Shia. At the same time, Persian culture and history has had incorrigibly Zoroastrian roots just as Egypt was the land of the Pharoahs and Arabia of Meccan paganism. Mesopotamian culture has had Sumerian and Babylonian roots, and Indian Islam has grown among the cultures of Hindus, Buddhists, Jains and Sikhs. Intra-Muslim conflict will be reduced only when it becomes generally recognised that the House of Islam has had many mansions.

Saddam’s war against Khomeini’s Iran was not a religious war but one between two putative nation-states. In Iraqi junior schools during the war, a class of 40 pupils could be divided by academic merit such that the top 20 would play brave Iraqis in the school-play ~ the hapless bottom 20 had to play the wicked Persians, leaving them in tears as well as in simulated defeat.

What the current US-UK invasion and occupation of Iraq has quite deliberately accomplished is the destruction of Iraq as a putative nation-state and the fanning of mostly suppressed Shia-Sunni differences instead. The idea of “regime-change” in Teheran in the old way of the CIA coup against Mossadeq also has not been far from Anglo-American thinking in the current confrontation with Iran. “Who lost Iran?” was an American political slogan in the 1980s, and there are day-dreamers in Washington think-tanks today who have fantasies of Iran being run by compliant “Iranian-American” émigrés from Los Angeles. But instead the destruction of Saddam’s regime inevitably has led to Iran’s strengthening, as all Iraqi Shia forces made dominant as a result are, at least from a doctrinal standpoint within Islam, united with Tehran to greater or lesser degree. A new Iraq-Iran war is hard to imagine as along as Shias dominate Baghdad’s Government. Iran for its part needs to demonstrate that it has transcended its revolution and that it unequivocally endorses the principle that the House of Islam has many mansions.

The British and Americans are great lovers of sports and inventors of many modern games played on fields around the world, from cricket and soccer to basketball. Their Governments seem to have forgotten in their foreign policy theorising that there is such a thing as “home-team advantage”. Imperialists ultimately can never defeat nationalists, because, at the end of the day, imperialists have to either go home or (as Conrad and Coppola knew) “go native”. In the new Iran-USA talks, both sides may have sensed Iran has the home-team advantage. The most the United States can do to Iran is bomb it and leave.


Mob Violence and Psychology

Mob Violence and Psychology

 

 

Mob violence remains a monthly occurrence in modern India; it gives the lie to our claims of political maturity and democratic development.

 

 

By SUBROTO ROY

 

 

First published in The Sunday Statesman Editorial Page Special Article December 10 2006

 

 

Mob violence certainly signals collapse of the Rule of Law and absence of normal political conversation and decision-making. Mob violence in modern India remains a monthly occurrence: a child is killed by a speeding bus, the driver if he is caught is thrashed to death by a mob of onlookers and the bus burnt down; a factory closes and workers go on a rampage; a statue or political personality or religious figure is perceived to have been insulted or desecrated, and crowds take to the streets to burn vehicles and cause mayhem; a procession is said to be insulted, and rival mobs go to battle with one another. (In fact, elected legislators in Parliament and State Assemblies frequently conflate mob behaviour like slogan-shouting with political conversation itself, carrying into the House the political methods they have learned to employ outside it. And contrary to what our legislators may suppose, they do need to be constantly lectured to by the general citizenry whose paid servants they are supposed to be).

 

 

Such may be relatively simple cases to describe or diagnose. More complex cases include the deliberate burning alive of Graham Staines and his two young sons by a mob in 1999 as they slept in their vehicle in rural Orissa, or countless deeds of similar savagery during Partition and the innumerable other riots we have seen in the history of our supposedly tolerant and non-violent culture.

 

 

We are not unique in our propensity for evil. French women knitted and gossiped watching the guillotine do its bloody work during the Jacobin terror. Long before them, as the Catholic scholar Eamon Duffy reports in Faith of our fathers, Pope Gregory IX in 1233 had initiated the “Inquisition”: two anonymous witnesses could cause any person to be arrested as a heretic, tortured and then burnt alive. In 1484, Pope Innocent VIII endorsed “witches” to be burnt, causing “deaths of countless thousands of harmless or eccentric women over the next 300 years. In all, as many as 25,000 people, most of them women may have been burnt as witches in Germany” alone. American history has seen countless cases of mob violence, from witch-burnings and other religious violence to cold-blooded lynching on trees of individual black men by white mobs, black mobs looting inner cities, street clashes between political groups etc. Soviet Russia and Maoist China saw systematic ideologically driven violence by Party cadres and “Red Guards” against countless individuals ~ forced to confess to imaginary misdeeds, then assaulted or shot. Nazi Germany, Czarist Russia and many other countries saw mobs attacking, dispossessing or killing individual Jews and innumerable others, again in systematic ideologically motivated pogroms. Indeed as Hannah Arendt and others have noted, the similarities between totalitarian regimes as outwardly different as Nazi Germany and Soviet Russia or Communist China included the ideologically driven targeting of identifiable small minorities for systematic violence by majorities in power. Even Tony Blair’s supposedly Cool Britannia today, besides having the most notorious soccer hooligans in the world, is also a place where no individual, non-white or white, will pass a drunken mob of adolescent school-children on the streets on a Friday night without trepidation.

 

 

Every case of mob violence is different; yet what could be common is a temporary, if deliberate, suspension of the normal human sense of responsibility on part of a mob’s individual members. Reason and responsibility return if at all only after the evil has been accomplished ~ whether it is killing or assaulting someone or destroying something ~ and it can be accompanied by a sense of remorse and regret. Even where mob tyranny has been systematic, long-term, ideologically-driven and state-sponsored, as with the Inquisition or French Revolution or Nazi, Soviet or Chinese terrors, future generations look back at the past misdeeds of their ancestors and say: “That was wrong, very wrong, it should never have happened”. Moral learning does take place at some time or other, even if it is long after the evil has occurred. It is as if, when sobriety and rationality return, an individual participant in a mob realises and recognises himself/herself to have revealed a baser ignoble side which is shameful.

 

 

“Sometimes a society acts as if all power lay in the hands of the most babyish and animal members, and sometimes as if all power lay in the hands of strict old men, and sometimes it acts more as a whole ~ mostly when there’s a war on. Sometimes a man is not himself and acts as if a babyish or cunning animal had gained control ~ that’s the id ~ sometimes as if an exacting parent, a sarcastic schoolmaster, or an implacable deity possessed him ~ that’s the super-ego. Sometimes a man is more himself and acts more as a whole, a new whole which is not a combination but a synthesis of the id and the super-ego. Some are constantly at the mercy of the id, some are slaves to the super- ego, and in some first one and then the other gains an unhappy victory in a continual struggle, and in some conflict and control have vanished into cooperation…” Such was the description the Cambridge philosopher John Wisdom gave in Philosophy and Psychoanalysis in the 1940s and 1950s, when he translated into normal idiomatic language some of the difficult technical findings and theories of the mind propounded by Sigmund Freud in the previous half-century.

 

 

When the mob forms itself, its members individually choose to suppress their normal rational personalities and sense of adult responsibility, and permit instead their cunning animal or babyish instincts to take over and reign supreme within themselves. It must be a collective decision even if silently taken: for one person to behave in such a manner would look identifiably stupid and criminal but for him/her to do so in a group where everyone has simultaneously decided to abandon reason (whether spontaneously or shouting slogans together) allows the loss of individual responsibility to become hidden in the mass, and the collective to take on features of a hydra-headed monster, capable of the vilest deeds without the slightest self-doubt. The victim of their violence or abuse will often be an individual who stands out in some way ~ perhaps by natural or social attributes or even by heroic deeds: indeed Freud suggested that primitive tribes sometimes engaged in parricide and regicide, cannibalising their individual heroes in the belief that by consuming something of the hero’s remains those attributes might magically reappear in themselves.

 

 

In modern India, the presence of mob violence on a monthly basis somewhere or other in the country gives the lie to our claims of maturity of our political and democratic development. Those posing as our political leaders may make as many foreign trips and wooden prepared speeches on TV as they wish to, but their actual cowardice is manifest in having failed to address the real disjunction that exists in this country between political interests and political preferences at the grassroots on the one hand, and the lack of serious parliamentary conversation addressing these within our representative institutions on the other. The reliance by the Executive on often brutal police or paramilitary forces reflects failure of the Legislative and Judicial branches of our Government, as well as a lack of balance between them arising from our political and constitutional immaturity.