Sheikh Fareed claims judges are bribed

Sheikh Ibrahim Fareed has called upon judges to be fair when issuing sentences, reports Miadhu.

During a lecture entitled ‘To Whom Hellfire is Calling’, held on Friday night at the artificial beach, Sheikh Fareed alleged some judges were being bribed and ruling against their conscience despite overwhelming evidence.

Sheikh Fareed said that without a fair judiciary many social illnesses would be inflicted on society, which would result in punishment from God.

Sheikh Fareed also said talking about politics and ‘wasting time’ were useless, and that the time should be used for productive causes.

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Vice President on official visit to Saudi Arabia

Vice President Mohamed Waheed has departed the Maldives for an official visit to Saudi Arabia.

Dr Waheed’s visit is mainly focused on lobbying the upcoming Maldives Partnership Forum, or Donor Conference, to be held on 28-29 March.

The vice president met with the Saudi Finance Minister Dr Ibrahim Al-Assaf on 20 March, briefing him on the Donor Conference and thanking the Saudi government for its support of the Maldives.

Dr Al-Assaf said Saudi Arabia would participate in the Donor Conference and would continue its support to the Maldives.

Vice President Waheed then met with Governor of Riyadh Prince Salman Bin Abdul Aziz Al-Saud.

They discussed bilateral relations between the two countries and ways to strengthen them, especially in the areas of economic cooperation.

Governor Prince Salman assured the Maldives of further economic assistance, saying it was the duty of Saudi Arabia to assist Islamic countries around the world.

Vice President Waheed then met with Assistant Secretary General for Economic Affairs of the Gulf Cooperation Council (GCC) Dr Mohamed Bin Obeid Al-Marzoi.

Dr Al-Marzoi said it would encourage GCC countries to participate in the Donor Conference and the GCC itself would participate in the Conference.

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Comment: Democratic bargaining over religion

Although an Islamist party heads the Ministry of Islamic Affairs in the coalition government of President Mohamed Nasheed, he chose not to mention religion either of his two presidential addresses to the parliament so far. This is only the latest incident that has led to suspicions of ‘almaniyya’ pursued by President Nasheed.

On the other hand, the more liberal or ‘moderate’ Maldivians have lamented over the ‘leglessness’ of the government in the face of the steady growth of religious puritanism and conservatism in society.

It is no easy job for any president or government to carve out a religious public policy that will satisfy both these groups at the same time.

History’s lesson for us is that it is only through a painful process of democratic bargaining over the place of religion in government that we can consolidate liberal democracy.

Price of ignoring or thwarting religion

The history of several Muslim majority countries shows that governments cannot afford to have a top-down policy of ignoring or thwarting religion when religion is a significant part of social identity.

The Iran of Pahlavis, where religion was either ignored or thwarted by the government, only contributed to the rise of mullahs and a bloody Islamic revolution giving power to an elitist group of religious guardians who surpassed their secular predecessors in imposing their brand of Islam on the Iranian population.

Equally true is the case of Turkey where Mustafa Kemal Atatürk pursued a rigid French Republican style laïcité ignoring the religious sentiments of the population. This hard secularism had failed to provide a tolerant and fair democratic system for Turkey, where an Islamic party now heads the government (their second term), which was a slap on the face of the secular establishment.

Top-down secular modernisation programmes have failed in all post-colonial Muslim societies, which are instead mired in corruption, religious and political suppression and autocracy. As a consequence, in these societies, religious puritanism, Islamism, and re-Islamisation have steeply gained ground, and a home-grown, bottom-up, democratically-negotiated secularism has not materialised.

The calls for a so-called Islamic state have been the rallying cry in the wake of these crises.

But is an Islamic state the solution?

Men behind Sharia: the illusion of an Islamic state

A typology of religious views in the Maldives could show that there are at least three broad positionings on Sharia and its place in government. They include the more nuanced, eclectic and ijthihad-friendly version of Gayoom; the more conservative-Islamist yet religion-government-conflationary version of the Adhaalath; and, the more government-independent and insular versions which despise ‘democracy’ and similar concepts as bid’a and Western constructs.

The rule, rather than the exception, is that there are deep religious-political disagreements among these camps, as depicted by their different politico-religious groupings which compete and contest with one another, even when they are doing the same things!

Now, whose interpretation of Sharia would you like to implement?

Such disagreements are the inevitable outcome of the fact that both Sharia and fiqh are products of human interpretation of Qur’an and Hadith. There is no way one can delineate the anthropocentrism involved in this. Even the categorical injunctions like “cut off hand for theft” are bound to be differently interpreted, for instance, as to the exact meaning of the words ‘cut off’ or ‘theft’. Even more disagreements are bound to happen where their practical applications are concerned.

To take an example from among our own clerics, for instance, Sheikh Shaheem’s translation of verse 59 of Al-Nisa (in his book entitled ‘Islam and Democracy’, 2006, p. 15)[1] is literally very different from any of the translations (Yusuf Ali, Shakir, Mohsin Khan, Pickthal, or even the recent Dhivehi translation commissioned by President Gayoom) that I have read.

The religious reason for such disagreements is that even if there is a divine concept of Sharia that is eternal, there is no divine interpreter of Sharia amongst us. If so, whatever interpretation of Sharia you want to enforce as public policy, that is inevitably a human choice, not Allah’s. If so, such policy is strictly speaking always secular. And such policy can always be contested.

It is then not just too naïve to rally blindly behind an illusory ‘Islamic state’ as the final solution to all our problems. It is also dangerous. The only thing close to such a so-called Islamic state is utter political despotism.

The first step

As elsewhere in the Muslim countries, ‘secularism’ is a very negatively loaded term in the Maldives. Unfortunately, it is also a misunderstood concept – both in the Muslim world and in the West.

Dhivehi, like several other languages, including Arabic, do not have an equivalent term for the concept. We have seen in recent Divehi religious literature a term called almani – meaning ‘worldly’ – for ‘secular’. Originally in Muslim literature, the term dahr – roughly ‘atheist’ – was used for ‘secular’, which explains the pejorative view of the concept early on.

Influential Muslim intellectuals such as Jamaluddin Al-Afghani, Sayyid Qutb, Maulana Mawdudi, Ayottalah Khomeini, Yusuf Qardawi, Sayed Naquib al-Attas of Malaysia, who have voiced against ‘secularism’ referring to it as ladeeni, only added to our dislike towards ‘secularism’.

They, like Sheikh Farooq’s article on the 12th March 2010 issue of Hidhaayathuge Magu, assert religion will wither away or is relegated to private sphere in liberal democracy.

But the fact is, in the United States where there is a constitutional separation of religion and state, to this day religion is very much alive and active in the public sphere. Religion has been a strong voice in public policy and law making. Incidentally, Islam is also one of the fastest growing religions in the US.

On the other hand, how many of us remember that even in this 21st century, for instance, Scotland, England, Norway, Finland, Greece, Denmark, Iceland, and the Netherlands, could have officially recognised religions? Or why have Christian parties often ruled in several European countries?

What then is the ‘secularism’ proper for liberal democracies?

To be a liberal democracy, the minimum requirement from religion is that no religious institution must have the constitutional right to mandate a government to implement their views without a due democratic process or have the right to veto democratic legislation.

This minimum institutional separation of religion from state does not preclude religion from politics. If you want to implement amputation for robbery, you must go through the democratic process of convincing others through accessible reasons.

The right steps

Religion is an important part of our identity – even our political identity. As the historical lesson has shown in other places, it is therefore naïve, cruel and arrogant for a government to ignore or suppress religion.

Bringing on board religious people in public affairs or using religious language where appropriate does not make a head of state any less democratic or liberal. If President Obama, as in his Cairo speech, can quote from the Bible, Qur’an or Talmud, and speak about his policies towards religion, including Islam, and still be a liberal democrat, why cannot we be? President Nasheed therefore can show more of his religious side.

But, the Ministry of Islamic Affairs’ mandate must be overhauled so that they do not have an undemocratic, and unfair bargaining position to influence the national education curriculum and use public resources unchecked as a platform to promote their own interpretation of Sharia both within the government and society. This is unfair and religiously unjust because there are other religious groupings that do not have a similar advantage. Their mandate must be limited to undertaking training in Qur’an recitation, looking after mosques, regulating zakat, managing annual hajj, and similar non-interpretative religious matters.

This does not mean religious parties do not have a role in politics. On the contrary, religion can and should be part of the political process. It is unreasonable to ask from religious people to separate their religious identity and religion-based norms from politics whenever they step in the public sphere. A case in point is the recent protests on the liquor issue: religious individuals played a politically legitimate role to influence the government.

It is not toothless of the government to respond to those protests, given the profundity of religion in our social identity. Those who opposed the regulation – which itself was not democratically legitimised – might be a minority. Yet the alleged majority was simply democratically dead.

And, this brings us to the single most important arena where we ought to tackle religious issues: civil society.

Through the bloody wars of religion, it is with long, painful democratic bargaining of the role of religion in public affairs that we saw liberal democracy consolidated in Europe. It is only through difficult hermeneutical exegesis of religious texts and reformulation of religious views within the public sphere that we saw its tolerance in Europe.

This was not done by governments. The State, as a coercive apparatus, simply does not have the democratically appropriate resources to tackle and interpret normative issues.

In the face of growing conservative-Islamism and Puritanism in our society, what we need is a functioning civil society, bargaining for religious tolerance and promoting the universal goals of justice and equality envisioned in Qur’an.

What we need are our equivalents of the Sisters-in-Islam of Malaysia or our Sunni equivalents of Iran’s New Religious Thinkers, who will use the resources of religion to engage with the Islamist and puritan appropriations of religion.

We need to invite people like Khaled Abou El Fadl, who will help us ‘Rescue Islam from the Extremists’ who are committing a ‘Great Theft’ in daylight by sacrilising Mohamed Ibn Abdul Wahhab, who was even opposed by his own father and brother Sulaiman Ibn Abdul Wahhab.

We need an Abdullahi Ahmed An-Na’im who will help us ‘Negotiate the Future of Sharia’ and bring us ‘Towards an Islamic Reformation’ by teaching us the possibility of re-interpretation of religious texts through abrogation and teaching us more about the tolerant, pragmatic Mecca period of the Prophet Mohammad (PBUH).

We need a Mohamed Charfi to clarify the ‘The Historical Misunderstanding’ of Liberty in Islam and show us that our practice of Sharia is not fixed, as, for example, the dhimma system, slavery and concubines (all allowed and practised under traditional Sharia) have become untenable and officially banned in several Muslim majority countries.

We need a Nurcholish Madjid who will challenge those for whom “everything becomes transcendental and valued as ukhrawi” while the Prophet (PBUH) himself made a distinction between his religious rulings and his worldly opinions when he was wrong about the benefits of grafting of date-palms. Is Sheikh Shaheem fully certain that when the Prophet (PBUH) is believed to have said “those who appoint a woman as their leader will not be successful” whether or not he was making a personal opinion?

What we need is not another religious minister, but an Abdulla Saeed to teach at our schools what a more tolerant and just Islam will tell us about ‘Freedom of Religion, Apostasy and Islam’, and engage with (Islamic NGO) Salaf to argue that Qur’an as in verse 4:137 assumes situations when an apostate (however we dislike it) continues to live among Muslims.

We also need a reformed former president Gayoom to lecture in the Faculty of Shari’a and Law to show that the ‘door of ijthihad is not closed’ as he argued in a lecture in Kuala Lumpur in 1985.

Last, but not least, the Richard Dawkins-style or Ayaan Hirsi Ali-style calls from fellow Maldivians for outright rejection of religion and exclusion of religion from politics can only hinder such ‘immanent critique’ of religious puritanism and Islamism.

It is through a religious discourse that is democratically promoted within civil society that we could negotiate with our fellow Islamists, puritans, and the rest that Islam’s permanent and ultimate goals are liberty, equality, justice, and peaceful co-existence – that is, constitutional democracy.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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President councludes European tour in Finland

During the last days of his European tour, President Mohamed Nasheed met with the Speaker of Finnish Parliament Sauli Niinistö, Minister of Foreign Affairs Alexander Stubb, and former President Martti Ahtisaari.

President Nasheed spoke to the Speaker about inter-parliamentary cooperation between the Finnish Parliament and the People’s Majlis.

The president also met with a parliamentary association of scientists and deputies.

President Nasheed then met with the Minister of Foreign Affairs. They discussed the importance of EU’s leadership in tackling climate change.

The president met with former Finnish President and NObel Peace Prize laureate Martti Ahtisaari. They spoke of President Ahtisaari’s Crisis Management Initiative (CMI), which works on peace-building and conflict resolution.

President Nasheed also signed an MoU with Winwind, a Finnish company that builds latest-generation wind turbines, to begin work on a wind farm in the Maldives.

President Nasheed returned to Malé on the afternoon of 18 March.

The president said his European trip was very successful and he hoped it would bring more assistance to the Maldives.

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President ratifies Tax Administration Bill

President Mohamed Nasheed has ratified the Tax Administration Bill on 18 March.

The bill was passed in Parliament on 8 March 2010, and has now been published in the government gazette.

The Act establishs an independent legal entity know was the Maldives Inland Revenue Authority (MIRA).

MIRA will implement laws and policies on taxation and will also be responsible for collecting taxes payable to the State.

There will be a board of directors appointed within 60 days of the establishment of MIRA. They will be responsible for formulating the policies of MIRA.

There will also be a Tax Appeal Tribunal which will oversee tax-related cases. The tribunal must be established within 90 days of the ratification of the bill.

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Islamic Ministry proposes extremist rehabilitation centre

The Ministry of Islamic Affairs has renewed its proposal for an ‘extremist rehabilitation centre’ to curb fundamentalism in the country.

The idea was first raised in a letter from the Islamic Ministry to the Home Affairs Ministry and the President’s Office in April 2009. According to the President’s Office Spokesman Mohamed Zuhair, joint consultations were held yesterday about how to best take the concept forward.

State Minister for Home Affairs Ahmed Adil explained that six prisoners involved in the Himandhoo case had been transferred to Dhoonidhoo prison for “rehabilitation by the Islamic Ministry.”

The Himandhoo islanders, who had been worshipping in their own mosque without the approval of the state, armed themselves and fought with police and military personnel in October 2007. The then-government claimed it was searching for evidence relating the Sultan Park bombing, which injured 12 tourists.

“The reintegration has been very successful, especially in the Himandhoo case,” Adil said. “It was a very big issue and there were a lot of problems at the time. Now the whole of Himandhoo has been cleaned.”

Himandhoo, explained State Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed, was “a very beautiful example” of the Ministry’s successful rehabilitation programme.

“The former government fought with [the extremists] and put them in jail,” Shaheem said. “Now we don’t fight. We deliver the right information [about Islam] through dialogue. We have a lot of programmes on television, radio, the Hukru Khuthuba (Friday sermon), and we send scholars to the islands.

“We tried our best to control [fundamentalism] in Himandhoo and now there is no problem [there]. All the people are praying in the [official] mosque, when just two years ago the government was fighting with them. Now the island is very good.”

The Islamic Ministry now wants to institutionalise the rehabilitation process as part of its work tackling extremism, he explained.

“We have suggested that the government establish a centre for special studies as a rehabilitation centre to fight [fundamentalists] ideologically,” Shaheem said. “This is an ideological problem, and we can solve this problem by having scholars give them the right information on Islam.”

The Ministry was especially concerned about several groups praying separately at mosques in Male’, Shaheem said, explaining that some had been delivering their own fatwas (religious edicts). However radicalisation in the country was in overall decline, he noted.

“At the moment I don’t believe there are people like Al-Queda [operating] in the county. But there a few groups who support their ideas. We can solve this by giving them the right ideas.”

Spokesman for the President’s Office Mohamed Zuhair agreed with Shaheem that the growth of radical groups had declined across the globe, “a trend I believe has affected the Maldives through better inclusion in society, increased security and a lack of persecution.”

Shaheem also noted that the Ministry’s Religious Unity Act, “which was sent to brother Attorney General Husnu Suood three months ago” and is due to be returned in 1-2 weeks, contained regulations governing the issuing of fatwas and scholars coming from outside the country to deliver sermons.

Most important, Shaheem said, was ensuring that the issuing of fatwas remained the duty of formal national bodies, such as the Fiqh academy and the Islamic Ministry.

“In my opinion, NGOs cannot give fatwas – this is very dangerous,” he said. “In the Islamic world you do not see any NGO’s giving fatwas, it is the duty of national formal body, such as a scholar’s council. [Moreover] one scholar cannot give fatwas for many things – he must share and discuss it with others.”

Minister of Home Affairs Mohamed Shihab observed that religious rehabilitation centres, such as the kind proposed by the Islamic Ministry, “are found in countries like Singapore, Malaysia and the UK as well.”

“There is a detailed programme,” he noted. “Rehabilitation through regilious education is done by the Islamic Ministry. Rehabilitation of drug users is handled by the Health Ministry, while the Home Ministry conducts a [criminal] rehabilitation programme through the DPRS.”

The government’s respect for the diversity of beliefs acceptable within the Islamic faith went as far as the Constitution, Shihab explained: “Extremist beliefs affect the rights of others as afforded by the Constitution. Then the State has to intervene and protect its citizens.”

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Rothschild banking dynasty to assist Maldives with goal of carbon neutrality

The Rothschild banking dynasty in Europe has agreed to help the Maldives towards its goal of carbon neutrality, following a meeting between President Mohamed Nasheed and Baron Benjamin and Baroness Ariane de Rothschild in their Genevan chateau.

In the first phase of the agreement signed on Monday, the family’s financial services arm La Compagnie Benjamin de Rothschild (CTBR) will secure international financing to fund a carbon audit of the Maldives.

CTBR is one of the arms of the US$137 billion Edmond de Rothschild Group, one of the world’s oldest banking dynasties and an early investor in the Shell Oil Company and the De Beers diamond firm.

The Rothschild’s website describes the banking family as “brokers and financers, as bankers to royal houses and governments, as railway magnates, personalities, patrons and philantopists, the Rothschilds have never forgotten how to walk with Kings – nor lost the common touch.”

In the second phase of the agreement, the company’s environmental and sustainability wing, BeCitizen, will spend two months assessing the report and analysing emissions from all sectors of the country’s economy, including transport, housing ,tourism, energy and waste management.

The final report, expected at the end of 2010, will contain a detailed plan of how the Maldives can reach carbon neutrality by 2020. In the third phase, CTBR will then help the government secure international financing to build the wind farms, waste recycling plants and sustainable transport solutions suggested in the report.

Benjamin and Ariane de Rothschild said in a statement that the agreement between the family and the Maldivies “is not only important for reasons of moral leadership in tackling climate change – the greatest challenge facing the world today – but also because it places the Maldives at the head of the pack in the transition to a low-carbon world.

“The Edmond de Rothschild Group is convinced that, as well as helping Maldives becoming carbon neutral, the partnership will spur domestic economic growth and new revenue-generating business opportunities for the country,” the family said.

Presdient Mohamed Nasheed said the partnership would allow the Maldives to “make rapid inroads into our national carbon footprint”, and set an example for other developing countries.

“The Maldives wants to set an example, by demonstrating that a country can develop without having to pollute the planet. After all, it is not carbon we want but development, it is not coal we want but electricity, it is not oil we want but transport. The Maldives aims to grow but we want our growth to be green.”

Spokesman for the President Mohamed Zuhair said the project was a “win-win” and “won’t cost the Maldives money.”

“[Rothschilds] have financed other industrial revolutions, and for them the Maldives is an ideal partner for the green revolution,” he said.

Ali Rilwan, director of environmental NGO Bluepeace, meanwhile acknowledged the country’s need for a “carbon master plan” and said he did not believe the agreement with Rothschilds had strings attached.

Instead, the support of the banking dynasty could allow the Maldives to become a ‘proof-of-concept’ for carbon neutrality and alternate energy, he suggested.

“Carbon neutrality is very fashionable in Europe at the moment, along with corporate responsibility,” he said, “and the Maldives is the first to initiate [carbon neutrality] with such a short target. And as the country is small, the targets are achievable. The push to move main electricity from power stations to windmills is also encouraging.”

Rilwan explained that while the Maldives’ carbon emissions “are small on a global scale, we can set an example.”

“We won’t change the world’s climate but upmarket resorts are increasingly attracting toursists looking for green holidays. This will also help them,” he said.

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President condemns attacks on media

President Mohamed Nasheed has condemned the attacks against the media following attacks on DhiTV and Haveeru on 15 March.

The president said the government would not tolerate “threats or actions against freedom of the press”.

“The Maldivian media is free and open now,” Nasheed said, adding that the Maldivian government “will always support the efforts of the journalists to keep this freedom alive and will value their efforts.”

He urged the public to cooperate with police in identifying the suspects.

The Maldivian Democratic Party (MDP) meanwhile called on the police to “seriously investigate” death threats made against journalists by extremist bloggers.

Concerns from the media

Independent MP and former Minister of Information, Mohamed Nasheed, said the issue was one of “political punching. People in the government are accusing opposition media and people in the opposition media are accusing the government.”

He said the media has always been divided into two camps, and sometimes looking at the same editorial content from different news agencies “you feel as if two different stories are coming out.”

“Political activists, the religious quarter and violent criminals” are against the media, he said, explaining that the struggle for press freedom was a “tug of war.”

“This is where the temperature needs to be brought down. We need to stop politicising the media and work with them.”

He added that “a democracy cannot see the media as a friend”, but should instead treat it as a medium to dialogue.

Managing Director of Miadhu, Abdullah Lateef, said “so far the government has not been able to give the media enough protection” from violent attacks.

He claimed the former government “used gangsters,” who “still don’t understand this is not Gayoom’s regime.”

“These gangsters don’t value the media,” Lateef said. “They think they can do anything; they attack anyone.”

He said that because the government had not shown the public the value of the media and the work the media was doing, they did not value it: “Even when we go to a scene, it is a risk we are taking.”

Lateef said he had “personally received a lot of threats”, and claimed that “politicians will call and try to make us scared.”

But he noted that “this government has done a lot for us, like giving us the freedom to write without being arrested. I am not afraid of my death – the former government gave me enough threats so I don’t mind.”

Public Concern

The Human Rights Commission Maldives (HRCM) has also “strongly condemned” the attacks on media.

A statement from the HRCM said the organisation “was sad that people are instigating fear among journalists at a time when Maldivian media is not very stable.”

HRCM said it believed the incidents had occurred because of the “judicial system’s reluctance to convict people. They are released into society and are not abiding by laws and regulations and respecting human rights.”

The statement notes that such cases of violence are “alarmingly increasing” and “the Commission is calling for the authorities to take legal action against the people who are releasing these criminals into society.”

“To stop these things from happening we are calling on stake-holders, government, authorities, media, civil society, NGOs and the public to work together.”

Meanwhile the Maldives Journalists’ Association (MJA) condemned threats made against journalists and bloggers and the “continuous attempts to intimidate press freedom by the extremists in the name of Islam.”

The MJA called on the government to take action against growing extremism and said it believed there would be a solution “if the president and all the institutions work to raise awareness.”

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