Blogger detained another 15 days as Bari requests proper punishment

The detention of controversial blogger Ismail ‘Khilath’ Rasheed has been extended by another 15 days, following Sunday’s Criminal Court hearing.

Meanwhile, Islamic Minister Dr Abdul Majeed Abdul Bari has requested that appropriate punishments for those who call for religious freedom be added to the nation’s penal code.

Rasheed, a self-declared Sufi Muslim, was arrested on December 14 by a Court Order for his involvement in a silent peaceful protest calling for religious tolerance in honor of International Human Rights Day. The protest ended violently when a group attacked the approximately 30 protestors with stones, sending Rasheed to the hospital with head injuries.

His detention was extended by 10 days on December 17. He has been held without charges.

The Criminal Court has cited Rasheed’s blog, which was shut down on the Islamic Ministry’s order in November for its alleged anti-Islamic content, as grounds for his extended detention, Haveeru reports.

Ruling Maldivian Democratic Party (MDP) MP ‘Reeko’ Moosa Manik called for an investigation into the gathering, along with religious conservative Adhaalath Party and NGO Jamiyyathu Salaf.

The parliament’s National Security Committee (NSC) currently reviewing the silent protest had summoned Rasheed for questioning today, however it was cancelled when officials decided “not to proceed with the hearing at this time,” said an NSC official.

The parliamentary committee did hear Islamic Minister Dr Bari, who observed that the law lacks any clear punishment for individuals promoting religious freedom.

“The protestors did not announce that they had abandoned their religion but they called for religious freedom. The law has no defined punishment. They are just defying the religious unanimity of the country. I don’t believe there is any legal action against the call as no legal action can be taken until one publicly declares apostasy,” he said.

Dr. Bari requested parliament to pass these “much-needed legislations”, and advised that the punishments be added to the Penal Code currently under review.

Guraidhoo MP Ibrahim Riza pointed out that in cases where no clear penalty is stated, punishments can be given under Penal Code Article 88(a), (b) and (c), reports Haveeru.

Dr Bari countered that the code only provides soft punishments.

In a statement protesting Rasheed’s detention, Reporters Without Borders (RSF) challenged the claim that the December 10 gathering violated the Maldives’ national religion.

“The Maldivian constitution bans the promotion of any religion other than Islam but guarantees freedom of assembly and expression as long as it does not contravene Islam. Rasheed professes to be an adherent of Sufism, which emphasises the inner, spiritual dimension of Islam,” reads the statement.

The Maldivian laws state that those seeking elected political office must be Sunni Muslims.

Police commissioner Ahmed Faseeh responded to Bari’s concerns at the NSC meeting by assuring a thorough investigation would be completed within 15 days. He called the case a serious matter.

“I will give the details [later] and I will point out everything even if it includes negligence on our side,” he said.

“We have done a lot and several have been summoned. We are determining the identity of those believed to have participated in the gathering via CCTV footage and video clips received from the public and we are summoning them,” he is quoted as saying in Haveeru.

Meanwhile, Rasheed’s detention has also attracted concern from Amnesty International.

Following RSF’s statement, Amnesty International declared Rasheed a prisoner of conscience and called for his “immediate and unconditional” release.

Calling the attack on Rasheed and his subsequent detention a “clear example of the erosion of freedom of expression in the Maldives,” Amnesty stated that,

“The continued detention of Ismail ‘Khilath’ Rasheed is in breach of international treaties on freedom of expression and peaceful assembly, including the International Covenant on Civil and Political Rights, to which the Maldives is a state party.

“Amnesty International is dismayed that instead of defending Ismail ‘Khilath’ Rasheed, who has peacefully exercised his right to freedom of the expression, the government of Maldives has detained him. Moreover, the government has taken no action to bring to justice those who attacked the ‘silent’ demonstrators, even though there is credible photographic evidence of the attack.”

The debate over religious tolerance has been gathering steam for several months.

Under new regulations published by the government in September, interpreting the 1995 Religious Unity Act passed by parliament, media is “banned from producing or publicising programs, talking about or disseminating audio that humiliates Allah or his prophets or the holy Quran or the Sunnah of the Prophet (Mohamed) or the Islamic faith.”

Violation of the Act carries a prison sentence of between 2-5 years.

United Nation’s Human Rights Chief Navi Pillay spoke against flogging as a punishment for extra-marital sex in November, prompting protests and demands that she be “flayed”.

On December 23, the protests to defend Islam had members of various opposition parties and religious NGOs calling for full Shari’ah, while the ruling Maldivian Democratic Party (MDP) stood for the national tradition of moderate Islam. The protests were executed peacefully, however the tense build-up prompted the United Kingdom to issue a travel advisory for the Maldives.

The Islamic Ministry today announced that it will hold a conference this Saturday and Sunday to discuss the religious controversies currently afoot in the Maldives. The ministry’s Assistant Director Admedullah Jameel has told Haveeru that 64 scholars will be in attendance.

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Comment: The Intolerant Constitution

In 1959, an expedition of historians unearthed an exquisitely carved ancient statue of Gautama Buddha from the island of Thoddoo.

Buried under slabs of stones, possibly to protect it from being demolished along with the the temples following the Islamization of the Maldives in 1153 AD, the statue was a priceless archaeological find.

Before long, however, the island was gripped with controversy. ‘The religion of worshipping statues has begun!’, some islanders were described as saying, according to the book ‘A New Light on the History of Maldives’.

One early dawn soon after its discovery, the ancient statue was found decapitated by vandals.

The statue was then taken to Male’ and displayed at Mulee’aage, the current Presidential residence. Before the week had ended, another mob barged in and smashed it to pieces leaving behind just the serenely smiling head, which is now displayed in the National Museum in Male’.

The Prime Minister at the time, strong-man Ibrahim Nasir, who didn’t hesitate to personally lead gunboats to forcefully depopulate the island of Thinadhoo following the southern rebellion, knew better than to investigate the vandalism.

It was simply pointless, because half a century later, unidentified vandals would proceed to smash, burn and destroy the SAARC-gifted monuments in Addu, for allegedly being ‘idols of worship’.

The State vs. the Tolerant

Just like Nasir, the modern Maldivian politician knows better than to challenge the deep-rooted fear of ‘other religions’ that is so firmly ingrained in the Maldivian psyche.

On the other hand, it makes for a great political gimmick.

Quite tellingly, the ruling party, seven opposition parties and a network of 127 NGOs are all planning to protest on December 23 in order to renew their vows against allowing ‘other religions’ in the Maldives.

It seems a rather redundant cause, considering the 2008 Maldivian constitution already forbids non-Muslims from becoming citizens, and mandates that the nation remain 100% Sunni Muslim.

This status quo, however, was recently challenged by a group of Maldivians who gathered in Male’ on December 10, on the occasion of the International Human Rights Day, in silent protest against the lack of religious freedom in the Maldives.

The sit-down protest was disrupted within minutes by a violent gang, leaving one man with serious injuries to the head.

Joining the chorus of local politicians eagerly latching onto the controversy, “Reeko” Moosa, the former MDP Parliamentary Group leader, demanded the prosecution of those who called for ‘religious tolerance’ – otherwise considered a positive phrase elsewhere in the world.

Independent journalist and blogger, Ismail Hilath Rasheed, who was among the freedom advocates, has been taken into police custody.

Meanwhile, the National Security Committee in parliament has decided to summon participants of the protest, citing their duty to defend Islam and uphold the country’s constitutionally imposed religious unity.

It is abundantly clear that there’ll be no debate on the subject, and that at the heart of it lies the holy writ of country’s unchallengeable Constitution.

The immutable constitution

Thomas Jefferson, one of the great founding fathers of America, once proposed that the American constitution should be rewritten every 20 years, lest the dead end up ruling over the living.

There are, of course, excellent reasons to deliberately make it difficult to modify a country’s constitution, not the least of which is to protect it from whimsical rulers.

In this regard, however, the Maldives goes one step further than the rest.

Speaking about the incarceration of Hilath Rasheed, Police Sub-Inspector Ahmed Shiyam said “Calling for anything against the constitution is illegal”.

There appears to be a general consensus among lawmakers and the public alike that the constitution is beyond all criticism, and any dissenting word spoken against it should be considered a grievous crime.

This would perhaps imply that the entire Chapter 12 of the constitution is now utterly redundant, for what good is a chapter on amending the constitution when apparently it is illegal to find any fault with the existing one?

One presumes that President Nasheed himself must now be put in chains and dragged before the courts for blasphemously uttering in July 2010 that he was in favour of a Parliamentary democracy, whereas the holy constitution explicitly decrees a Presidential system.

Thankfully, other democracies of the world recognize that obeying the constitution doesn’t necessarily mean agreeing with it.

In neighboring democracies like India, writer activists such as Booker Prize winning author Arundhati Roy write fiery articles openly defying the State, and major political parties publicly campaign to remove specific Constitutional clauses they have philosophical differences with.

In a true representative democracy, the public is generally free to advocate and lobby their representatives for causes they believe in.

In the past few weeks, it has emerged that Maldivian public apparently doesn’t have this freedom.

The other sacred text

Perhaps, then, it is not the Constitution, but Islam that imposes certain limits on the debate?

Unfortunately, in the Maldives, there is no way to tell apart the limits imposed by Islam from the ones imposed on it.

It appears that many Maldivians are convinced that the ultra-conservative Adhaalath Party and their Salafi cousins are the foremost authorities on the subject of Islam in the known universe.

But for that to be true, one must argue that every other Islamic nation in history has been wrong.

While one Maldivian blogger has been languishing in a prison cell for the past week for advocating religious tolerance, there is an abundance of Imams, caliphs and even a certain Prophet from history who seem to be in agreement with that blogger’s opinion that Islam does indeed have room for religious tolerance.

Didn’t the Prophet himself say, “Whosoever does injustice to a protected non- Muslim, then I will be his enemy (on the Day of Judgement)”?

The Cairo Declaration on Human Rights in Islam, drafted by the Organisation of the Islamic Conference as a Shari’ah compliant alternative to the UDHR, declares the right of people to a dignified life free of discrimination on the grounds of religious belief, among other things.

Maldivian scholar Dr Abdulla Saeed of Melbourne University, argues in his book ‘Freedom of Religion, Apostasy and Islam’ that there is “a vast amount of clear Qur’anic texts in favour of freedom of religion”.

Needless to say, his book was banned in the Maldives.

The burden of defining ‘true Islam’, instead, fell on a small group of short-sighted conservative political Mullahs working out of a Ministry building in Male’. And in their opinion, Islam forbids the mere mention of ‘other religions’ – despite what the Qur’an says.

‘Because we’re special’

12th century copper plate grants found in the Maldives reveal the blood-soaked, painful process of conversion of the Maldives to Islam. The Sultans of the day went through the trouble of bringing in Buddhist monks and beheading them in the capital.

The modern day Maldives takes a much simpler route. The 2008 Constitution unilaterally declares all Maldivians to be Sunni Muslim without the courtesy of so much as an opinion poll.

Maldivians in general are quite proud of the ‘100% Muslim’ statistic that is frequently bandied about.

But it raises a few fundamental questions that are nevertheless extremely taboo in the Maldivian society.

At what point of Maldivian history has there ever been a public census on religion?

Does the Maldivian state even have the right to unilaterally declare a citizen’s beliefs? Which other Islamic State or Empire in Islam’s 1400 year old history has taken this liberty – and under whose authority?

Those We Do Not Speak Of

A cursory look at online Social networks easily proves the existence of several non-Muslim Maldivians, and Dhivehin who appear to not subscribe to a religion at all.

If we were to do the unthinkable and disregard the holy constitution for just a minute, how morally justified is it really to make their mere existence a crime potentially punishable by death?

Consider the fact that our very economic survival depends on treating other non-Muslims – those who are non-related by blood, culture or language – with generous hospitality.

Does this radical notion of unilaterally enforced Islam only apply to those born of Dhivehi parents? Could the Parliament conceivably declare tourists and other visitors also to be Sunni Muslims while within Maldivian territory?

At what point does the whole affair begin to sound absurd?

Chaos theory

Politicians of both major parties argue that introducing the freedom of conscience to minorities would result in chaos and disorder in society, much like introduction of democracy did with the introduction of political rights. But are any of these politicians sincerely willing to return to the non-chaotic days of the past when they were jailed for simply expressing an opinion? If not, why not?

The Maldives has been “100% Muslim” since at least the Gayoom days. So why do we not see the utopian fantasy of a prosperous, peaceful, gentle society of fellow Muslims treating each other with kindness?

Instead, it appears that Maldivian lawmakers and government no longer have to talk about roads or health or food or development, for they now have the one dead horse of religion to flog for all eternity.

Is it really that hard to see there’s something wrong with the picture when eight political parties – both the ruling and the opposition – plan to rally in order to “defend Islam” against each other?

Which Islamic principle was being followed by the MPs who tried to force their way to the International airport in an effort to remove a banner depicting the region’s cultural diversity?

Presumably, it takes a tremendous amount of will power for these lawmakers to restrain themselves from forcing their way past security into the National Museum to destroy the still intact head of the ancient coral-stone idol of the Thoddoo Buddha that our ancestors had failed to destroy.

What Islamic value lies behind the sort of blood lust that drives an ordinary Maldivian to go and violently attack a fellow Maldivian simply for being a non-Sunni Muslim?

Based on what Islamic criteria do we religiously uphold certain parts of the Shari’ah penal code such as flogging, while completely disregarding others such as amputating limbs, or stoning half-buried humans to death?

These are all important, crucial questions. But until there’s room for an honest debate, how would we ever find out?

End of Reason

“I disapprove of what you say, but I will defend to the death your right to say it”, wrote S.G. Tallentyre in 1906, in a quote widely misattributed to French philosopher Voltaire.
Over a century later, we Maldivians have yet to appreciate the sentiment behind this powerful phrase.

While jihadist literature with fiery, cataclysmic titles are openly sold in Salafi bookshops around the capital, the slightest spark of reason is immediately stamped out by an unthinking brigade of conservative clerics and opportunistic politicians.

The broken, still smiling Buddha in the National Museum bears witness to our long history of stubbornly refusing to accept reason.

But today, more than ever, it is necessary to ask difficult questions and face hard facts, because the line that marks where the debate stops also marks the point where, as Thomas Jefferson feared, we become enslaved to the past.

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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Adhaalath welcomes talks: Shaheem

Adhaalath Party chief spokesperson Mohamed Shaheem Ali Saaed today said the party would accept government requests for talks over “Defend Islam” protest planned for next Friday, December 23.

Shaheem claimed that the government’s lack interest in a dialogue has created negative tension around the protest, Haveeru reports.

“Adhaalath Party will always accept any requests made by the head of state to discuss a state affair. But the government has so far failed to hold such discussions and the failure of this forced the coalition partners of the ruling MDP [Maldivian Democratic Party] to abandon it,” Shaheem was quoted as saying.

Shaheem further said the protest aims to peacefully prevent the arrival of religions other than Islam in the Maldives, and not to invite the Shari’ah-based penalties of stoning, hand cutting and execution.

Ruling Maldivian Democratic Party (MDP) this week announced plans to hold a counter-demonstration on December 23 against what appeared to be aggressive requests from Adhaalath at the time.

Human Rights Commission of the Maldives (HRCM) is currently attempting a peaceful resolution of the dispute, reports Haveeru.

“We are concerned about losing the peace and harmony in the country. We are negotiating with the organisers of the religious protest and those who are planning to demonstrate against them,” commissioner Mariyam Azra told the local media.

The outcome of HRCM’s negotiations are expected to be released on Monday.

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Police thwart removal of alleged Christian imagery on SAARC posters at airport

Several members of former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM), including some MPs, were arrested last night after forcing a dhoni to take them to Ibrahim Nasir International Airport (INIA) where they intended to take down SAARC banners allegedly featuring Christian and other religious imagery.

“The police received information that people had tried to get to the airport using force,” said Police Sub-Inspector Ahmed Shiyam. “The dhoni owner said he refused to take them but that they attacked him and made him go to the airport,” he said.

The individuals were detained at Dhoonidhoo last night. Some have been released while others are being held in custody.

PPM MP Ahmed Mahloof was released at 1:30am this morning. He said the act was organised by several friends and was not attached to PPM.

“It was not a violent or political act,” Mahloof claimed. “We each paid Rf10 for the airport ferry, maybe the dhoni owner got nervous when the police came because about ten people on the ferry were yelling at him to keep going because they had to get to the airport, so he told the police he had been attacked.

“All we said was that they had violated our right to move freely,” said Mahloof, adding that the interaction between those arrested and the police was peaceful. “The police trust the opposition, as does the Maldives National Defence Force (MNDF), because they do not support the President. They told us that we would have to be arrested, and we agreed to cooperate.”

Shiyam said that “with SAARC, the security is very high right now, so we are using a very quick and strong response to this issue.”

Police also took action against Mohamed ‘Wadde’ Waheed, lawyer for former president and current PPM leader Maumoon Abdul Gayoom, who was found walking around Dhoonidhoo island without approval after last night’s arrests.

“Being a lawyer he must have known about the procedures to get onto Dhoonidhoo,” said Shiyam.

Wadde, who was discovered to have arrived on the island via speedboat, was sent back to Male’ for interrogation. He was not arrested, but did not respond to Minivan’s inquiries.

The banners at INIA are part of a series created by local company Mooinc Pvt Ltd for the SAARC summit under the theme ‘Building Bridges’. They are also in display in Fuvamulah and Addu City, where the summit is currently being held.

Mooinc Creative Director Ali Saeed said the designs were based on five themes approved by the cabinet to depict the culture and religion of the eight SAARC nations, which cumulatively practice 10 religions.

Under Religious Unity Regulations published by the government in September, it is illegal to propagate any other religion other than Islam, to carry or display in public books on religions other than Islam, and the translation into Dhivehi language such books and writings on other religions. Proselytising by foreigners remains punishable by deportation.

The regulations interpret the Religious Unity Act passed by parliament in 1994, which carries a 2-5 year prison sentence for its violation.

Mahloof confirmed that the group’s goal was to remove the banners at the airport.

“Our constitution makes it very clear that no other religions are to be displayed in our society because we are a 100 percent Muslim society,” he said, claiming that the government’s approval of the banners for the purposes of an international event surpassed necessary diplomatic etiquette.

“I don’t think the other heads of state were expecting to see their religions shown when they came here. They know that we are Muslim. I have had the opportunity to travel abroad and meet with delegates, and I never expected those countries to have mosques if they weren’t officially Muslim just to show support,” said Mahloof.

Mahloof emphasised that members of all religions are welcome in the Maldives. “It’s not that we are opposed to other religions. Their members are very welcome, we would never support the kinds of attacks that take place elsewhere. But I believe other countries respect our decision to be Muslim, and there’s no need to show so much support for other faiths. I’m sure everyone will be respected in turn,” he said.

Mahloof added that tourists have steadily come through the Maldives without complaining about a lack of Buddhist or Christian displays. He said the banners are not a threat, but rather represent a loosening religious structure.

“My concern is this: since Nasheed came to power we have seen slowly the breaking of the pillars of Islam, making holes to open doors for other faiths. Being a Maldivian, and a young person, I wouldn’t want to see other religions here. If other religions were allowed into the Maldives, I’m sure we would see more terrorist attacks and the kind of violence that is happening elsewhere. Already families don’t talk to each other just from the political changes. If Nasheed tries to bring in other religions, things will go from bad to worse.”

Speaking for PPM, Mahloof said there was suspicion that the current government is making private deals to bring in other religions. “But I believe other countries respect our decision,” he reiterated.

The SAARC summit has tempered what Mahloof said is rising frustration among Maldivian people. “PPM made an agreement yesterday not to do anything during SAARC,” he said. “I’m sure after the summit there will be protests and huge crowds in the streets.”

Mahloof, who has been arrested twice, said “we will take the steps we should with the authorities, appearing before the Human Rights Commission and the Police Integrity Commission” to discuss their arrest.

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