Is modern world in grip of clash of civilization By: Amjad Malik, MA, LLM
Britain is in the grip of latest stir caused by the knighthood status granted to ‘Satanic Verses’ fame writer Salman Rushdie which has created an uproar in the Islamic world though the stalwarts of Ummah are quietly observing these developments. Several organizations have expressed dismay at the blatant disregard shown to the 2 million Muslims sensitivities in the UK and over a billion around the world whilst granting a Knighthood to a writer and questioned the wisdom of Tony Blair for such recommendations on the occasion of Queen Elizabeth’s birthday and have called for withdrawal as this honour is given at a time when Muslims are on the edge to bridge the gap between two communities after the events of September 11th and 7 July. Muslims of Britain as well as the Western World are already subject to victimization via various heavy handed laws and at this junction honouring those will contribute to widen the gulf between two cultures and will alienate the main stream Muslim community.
Pakistan Penal Code (PPC) of 1860 dates from the British colonial period: Sections 295 to 298 of the PPC dealing with religious offences dates back to that period and were intended to prevent and curb religious violence. The offences listed are: defiling a place of worship (s.295), acts insulting religion or religious beliefs (s.295 A), disturbing a religious assembly (s.296), trespassing on burial grounds (s.297), and utterances wounding religious feelings (s.298). These sections have a lot in common including the intention of the offender to hurt the religious susceptibilities of others which is considered integral to the offence; they also share a universal application, whereby hurting the religious feelings or any group is made an offence. In particular S. 295-C of the Pakistan Penal Code says, “ whoever by words either spoken or written or by visible representations or in any manner whatsoever, or by any imputation, innuendo or institution, directly or indirectly defiles the sacred name of the holy Prophet Muhammad (PBUH) shall be punished with death or imprisonment for life and shall also be liable to fine.”. Islamic Shariat Bench later declared that imprisonment can not be granted in Blasphemy proven cases and only death sentence is the right sentence for the convicted.
However these offences have little value to the West who take freedom of expression as a superior force to all other political and religious compulsions. Their Blasphemy law though covers Christianity but does not cover Islam. Article 10 of European Convention of Human Rights 1950 which is a bit similar to Article 19 of the Constitution of Pakistan 1973 says as following: “1. Every one has the right to freedom of expression. This right shall include freedom to hold opinion and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the Licensing of broadcasting, television or cinema enterprises.” During the Salman Rushdie affair in 80’s after writing a book ‘Satanic Verses’ Britain never prosecuted Salma Rushdie under Blasphemy Laws of Britain for defiling the Prophet of Islam as British laws only covers Christianity. Under Ex Parte Choudhary, private prosecution was not allowed either by British Courts due to lack of legal provisions. Britain since has introduced the Racial and Religious Hatred Act 2006 which intends to curb preaching religious violence, however it still does not address the core and causes of igniting religious hatred albeit blasphemy .
However in the west denial of holocaust as to whether or not Jews were oppressed by Hitler’s Nazi regime is a criminal offence in most part of Europe. Holocaust denial is illegal in a number of European countries: In Austria (article 3h Verbotsgesetz 1947) punishable from 6 months to 20 years, Belgium (Belgian Holocaust denial law) punishable from Fine to 1 year, the Czech Republic under section 261 punishable from 6 months to 3 years, France (Loi Gayssot) punishable from Fine or 1 month to 2 years, Germany (§ 130 (3) of the penal code) also the Auschwitzlüge law section 185 punishable from Fine or 1 month to 5 years, Lithuania, The Netherlands under articles 137c and 137e punishable from Fine or 2 years to 10 years, Poland, Romania, Slovakia,and Switzerland (article 261bis of the Penal Code) punishable from 6 months to 3-5 years. In addition, under Law 5710-1950 it is also illegal in Israel and punishable from 1 year to 5 years. Italy enacted a law against racial and sexual discrimination on January 25, 2007 punishable from 3 years to 4 years.
Now we see no Islamic countries in this list which outlaw holocaust denial as if you wish to enact the law in those countries you are called to scratch their back too and amend your home blasphemy laws to include the respect for Islam and its Prophet. Now looking at this tendency the way the West is showing insensitivity to the Muslim World’s feelings, It will be quite illogical if Islamic countries in a fit start awarding Saddam Hussain a highest bravery award for saying ‘God is one’ on the Gallow or Mullah Omer ‘the sword of Ali award’ for combating the foreign oppressor. These sentiments though exist which call for serious consideration by OIC and West to sit together and find a solution to this hugely charged issue as common man of each society calls for peace and harmony between ancient civilizations.
The awarded writer’s contribution is disputed too and it is not only conflicting but has caused hurt to scores of human souls around the world. British Government must have gauged the fall outs as a result of such an honour announcement and the assessment seems faulty over this knighthood and gives rise to the contention whether it is intentional to stir worldwide outcry to secure public support for aggression or an unintended lapse. Queen’s regiment has already been insensitive to the public pulse at the death of Lady Diana, the princess of Wales and here too showing little regret over this episode where thousands of Muslim protestors are on the streets.
There is further fuel on the fire by careless statements of politicians, one of which is of Mr. Ejaz Ul Haq a Minister of Religion of Pakistan trying to justify suicidal attacks on the writer which has no basis in Islamic teachings and in law here and abroad. In particular his call is not wise when 1 million Pakistanis reside in Britain and contribute heavily in national economy including his own clan. Whilst urging communities to remain calm and use their right to protest in a maximum peaceful manner, I feel the time has come for two ancient civilization to sit together and try to form a group of countries to have a joint ‘Memorandum of Understanding’ to identify and not to allow harbouring each other’s common criminals who defile each others religious faith. Prophet Muhammad(PBUH) did something similar 1400 years ago and made a pact with his opponents known as ‘Hudabiya Pact’ and here too the Western world must have a dialogue to secure interfaith harmony in order to bring two extremes to the middle to avoid future conflict.
There is no point that blasphemy law in Pakistan, Iran and Saudi is punishable to death and writers of such books walked free in British run India for writing ‘Colourful Prophet’ around 100 years ago, and now for writing ‘Satanic Verses’ and publishing ‘Danish Cartoons’ ridiculing the Prophet. Similarly denying holocaust, that Nazis did or did not oppress the Jews, is a criminal offence in the West but in the Islamic world if not penalized then it does not carry international validity and criminals of one society will keep seeking refuge in other’s protection indefinitely and may cause a mayhem one day. If a joint attempt to ‘give and take’ policy is not adopted, I am afraid a chain of uncalled events may emerge from within this episode which will be regrettable but will be disastrous to the efforts of bringing the unity in this global village. When law does not address public anxiety and no forum on which a complaint can be lodged is available then those who mutilate public feelings on the name of freedom will deepen the gulf further and clash of civilization begins as was quoted by the US president wrongly or rightly at the time of 9/11 referring to crusades.
We must all discourage any attempt to use or stir violence on religious basis, however realizing the nature of situation OIC and Western World including European Union, US, Russia, China, and India must consider setting up a forum to adjudicate such matters and give serious thought to the calls of Muslim countries & West for interfaith harmony. Islamic countries jointly must come up with a unanimous unstinted resolution as to where no negotiation is possible and where there is a compromise possible on the name of freedom of thought and expression and or to include protection to Western belief. Little late and there was no dearth of individuals like Ghazi ilam Din then in India, or Amir Cheema now in Germany in this day an age who were and are willing to take law into their own hands on the name of love for their religion and their Prophet when no law or legal forum is available to address their concerns instead countries show blatant disregard to their sentiments. The decision is simple, its one man’s freedom against 1.5 billion Muslims sensitivities. Muslim world unanimously banned the film ‘Passion of Christ’ which fantasized Jesus Christ in a fiction, same reciprocal concession must be offered from the West which does not cost them a penny. Why both societies do not act together to fill the lacuna so that any frenzy writer may not stir religious sentiments and defile each others sacred belief as current law does not address those common grouses of each community. This way we can save the clash of civilization and nip the evil in the bud in order to save the humanity as one man’s unnatural death is the death of the whole of humanity.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England), an expert of human rights law and Chair of Association of Pakistani Lawyers
21 June 2007
UK Lawyers expressed anguish over untimely Knighthood
Association of Pakistani Lawyers a team of Pakistani origin lawyers, Solicitors, Barristers, & Judges in UK jointly express deepest dismay at blatant disregard to the 2 million Muslim sensitivities in UK and billions around the world whilst granting Knighthood to ‘Satanic Verses’ fame writer Salman Rushdie.
APL confirmed that this honour is given at a time when Muslims are working hard to bridge both communities after the events of September 11th and 7 July and are subject to victimization via various heavy handed laws and honouring those who cause the divide further will alienate the main stream community and will not go well with the Muslim Community and demanded withdrawal of that status forthwith as the writer’s contribution is not only conflicting but have caused to hurt billions of human souls around the world. British Government must own the responsibility and make amends of this lapse like they did at the death of Lady Diana the princess of hearts.
APL further expressed anguish at careless statements by politicians and urge the communities to remain calm and use their right to protest in a maximum peaceful manner and discourage any attempts to use or stir violence even in their speeches.
APL pointed out that OIC must take notice and revisit their efforts to canvass Islamic countries to put joint diplomatic pressure on the grant of such unworthy honour and consider setting up Islamic highest court of all Islamic countries to issue a joint declaration against the writer and grant of such honour.
Amjad Malik, MA, LLM
Solicitor-Advocate of the Supreme Court of England and Wales
Chair Association of Pakistani Lawyers (UK)
00 44 1706 346 011 & email at: APLRochdale@aol.com
Mobile: 00 44 7770983308
18 June 2007
‘Death dance has begun’ By Amjad Malik
In Pakistan internal war between institutions such as legislatures who are standing for parliamentary sovereignty, lawyers in street for judicial independence and journalists for free press & media are all against one institution and the whole commotion is taking a final shape. Whilst on the other hand American and European press and institutions have started sorting their ranks and have started friendly fire whether its New York Times, BBC or British Press towards a military man who has enjoyed the lusty position since 1999 in particular after providing an unstinted support to United States in their war against terrorism. Now the same man is causing distress and bringing the name of sacred into disrepute as now people are hitting at those behind this man. Whether its Chief Justice issue, MQM counter rally resulting in Killings, media bashing or political arrests all has at once started going against General Pervez Musharraf who has an easy ride in his solo flight towards political kingdom after ousting a history’s most power Prime Minister in the Parliament.
His own given freedom to media has turned out to be a thorn in his throat as he did not know that freedom though does not come easy but once attained can not be taken away, salve is a slave unless he is released as Pakistan is no longer same old country where Prime Minister can be hanged over night silently. Now the people of Pakistan are not ready to sacrifice their chief justice on the alter of military slaughterhouse without ensuring him a fair trial and nation for the first time in the short history is demanding ‘reasons of such hasty action’ and justice with ‘the man of law.’ Media has played an enormous role to awaken this long slept jinni of people which has a bigger role in shelving and shuffling any government at the hands of military. Media freedom was not a favour to nation, it was inevitable to counter bordering propaganda and to remain part of the international community which is knit into a global village with the communication revolution.
There is not a shred of doubt that 75% establishment and bureaucracy as well as public representation is all under control of our powerful military might and some even say that it has crept in people’s blood, but when institutions start crumbling and regionalism start taking shape, then loyalists always keep an eye on the wider ‘national supreme interest’ of the state and call out loud that If wisdom is not preached and practised at this sensitive time country may suffer a great damage. General public love military if it remains at borders or delivers when it assumes the role of a ‘messiah’ and people’s happiness turns into a sour dream if their presence in govt cause the national structure and Federation a ‘blood cancer’.
Now every one knows the root cause of this problem so who will bell the cat is the key question. We have not left any national figure or leader or even elderly senior citizen carrying federation support alive or present in this danger to call it a day or initiate a credible national reconciliation, all are either dead or exiled. When power becomes uncontrollable then certain measures are taken to either bring that power in line with the norms or under any legal control, if those measures are not successful then elimination process takes place instead of peaceful transition. We are silent witness to the making of history. Army men are not made for politics and they are devoid of political wisdom to secure settlement of disputes which are core to the Federation by negotiations. They never have the will to come forward and try to save what’s left. Their training is such that turning back is not an option readily considered and or available to them and consultation is not they practice but orders they follow. Its like an elephant force which if turns back will take the whole clan down with it.
This is the time that a national reconciliatory efforts must initiate at a ‘round table talk’ in order to consider holding a free and fair elections, return of exiled, and freedom of judiciary coupled with fully armed chief election commissioner to save the federation. Pakistan is going through its worst crisis and we do not afford an incident like 71 where we lost Dhaka. We still have time to save if we allow the political process to work the way founder intended and the way people mandated in the form of 1973 constitution. Let people of Pakistan decide who they want and what they want. We need to respect the sanctity of vote upon which people obtained this country from colonial powers in 1947 without any army, fight and battle and we must respect those lonely main few political parties who have roots in the whole country as they represent the Federation and we must preserve them as our national asset. Strong system of governance is much better than sham slogans to kill or be killed.
Only free and fair elections can save the man, the gun & the Federation and rulers must consider this sane voice which is shared by millions here and abroad. No one is above the law and none is the wisest, its people who are wise its nation who is supreme and its public who vote. If common sense is not followed and any ultra constitutional mechanism is experimented, I am afraid then death dance will start and who knows what does it take with it.
Amjad Malik is a life member of Supreme Court Bar Association and & a Solicitor-Advocate of the Supreme Court (England) and chair of Association of Pakistani Lawyers (UK).
Dated: 13 June 2007
‘War of Words’ By Amjad Malik
Pakistan is amongst fierce fight over the power struggle of two institutions where the question is whether Judiciary allows this time again and or stops the ‘unstinted support’ to any martial law or the acts of martial law in the country. These are valid questions raised by many analysts, senior lawyers and jurists in last few months especially after 9 March 2007, however what nation witnessed on 26 May 2007 at Supreme Court Bar conference cum legal procession was a sheer anger and uncontrolled fire which is similar to a ‘head butt’ of famous footballer ZineDine Zidane in the Football World Cup final on Sunday 9th July 2006 which caused France to lose the world cup final.
I would urge the lawyers movement and head lawyers that sanity must prevail and their papers on law must be apt to be considered not only by rulers but the main stream parties to consider including their manifestos in coming elections. If wisdom is not preached at this juncture then the whole argument will fail where thousands of lawyers supported the cause all around the globe. Senior lawyers must consider the forum’s sanctity, decorum and use their oratory for the sake of Pakistan as with mere words & cheap slogans army is not going to leave the lusty powerful job until the transitional arrangements are in place and or guaranteed by visionary leaders and road map is given by those who aim the independence of judiciary. So calm down and initiate a spade work which will be honoured by millions in the country and many abroad. If such guidance is absent the whole struggle may be futile if the top judge is restored overnight as without political backing of top parties or in the absence of valid movement coupled with political objective(s) without a leader present to lead is bound to collapse, so vision is required to turn dreams into reality.
Nexus of our judges with Generals so far in Pakistan had ruined the future of democracy in Pakistan. Nepotism, bribery, lawlessness, unmeritorious appointments at top slots and lack of respect for rule of law in an unjust society made life impossible for lay Pakistanis who are in millions and they have been looking towards a ‘messiah’ for years which never turned up to their door steps. If these dreams are to be translated in reality then calm and composed exposure and visionary orators must keep their heads high with their road map to the goal intact. Supreme Court Bar Association seminar would have been best served if the speakers had given road map to such destination which the lawyers are aiming for. Crucial topics such as appointment of judges via non political and unbiased commission, non controversial non political future lawyers who in the end become judges, politics free bar, training of lawyers and judges, and accountability of top judiciary, financial autonomy of Top judiciary, and protection of judges and separation of administration from judiciary coupled with safe guards of judiciary turning into another military style unbridled power were the questions which remained unanswered in that gathering.
If judiciary is to be made independent the process is not a days job, it can be achieved but not impossible and the main contribution is required from top national parties to adhere what lawyers say and top military brass to see if the time has come to lay off and allow the judiciary to function as a monitor which is its job. However, lawyers must not waste such opportunities to say what the nation desire instead of wasting the top slots in cheap slogans as media can not continuously cover such events which are futile in its results. Our non reconciliatory habits and unwise governance has turned our country into a ‘mud slinging’ crowd which is devoid of supreme national interest of the country and top intelligentsia whether lawyers or journalists and analysts, they all must try to separate chaff from grain at all times. The blame of one sheep may not be rightly attached to the herd if no visible legal authority and constitutional backing is available especially if those words harm the cause.
Its election year and only a fair and independent judiciary can guarantee holding of a fair election(s) in Pakistan. These elections can’t be held fairly if the judiciary consciously pave the way for wise manoeuvring and Govt of the day offers for a round table conference to have a dialogue based on equality where issues such as free elections, exit of military from national politics including Presidential elections, care taker set up and independent and powerful election commissioner and return of exiled leader and time frame is discussed.
I know for a fact that these steps may not be taken as 12th May massacre is still under investigation by the top Sindh judiciary and whole sale expulsion orders against Senior lawyer(s) of the Higher Courts of Pakistan, Journalist(s), Human Rights Commission members, from one Province in violation of the various articles including art15&25 of the Constitution of Pakistan 1973 are note worthy and tells the state of affairs in Pakistan. These steps will lessen the freedom of movement & press and liberty to all citizens and will promote regionalism and will destroy the very principle on which Pakistan was made. I feel that growing calls for contempt of court notices here and there must end here and nation must allow the court to give judgment in chief justice’s case if he is not restored by then, in that case the judgment in Chief Justice’s case is the only key which will open various boxes and one of which may bring the good news for the nation so lets wait and see and lawyers must think carefully which way to turn this struggle mind you ‘head butts’ can cause to lose the match.
Amjad Malik is a life member of Supreme Court Bar Association and & a Solicitor-Advocate of the Supreme Court (England) and chair of Association of Pakistani Lawyers (UK).
Dated: 31 May 2007
Mr. Amjad Malik's Live Interview on Voice of America on the issue of Chief Justice of Pakistan
Please click on the lick below to listen live interview of Mr. Amjad Malik on Voice of America regarding the issue of Chief Justice of Pakistan:
ftp://8475.ftp.storage.akadns.net/mp3/voa/sca/urdu/2007/urdu1700a0411.mp3
Mr. Amjad Malik comments on Democracy in Pakistan on DM TV
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http://www.youtube.com/watch?v=rWzstQOZvP0
Amjad Malik Comments on deportation of a British citizen
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Mr. Amjad Malik Addressing Pakistan Press Club Awards 2007
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http://www.youtube.com/watch?v=u59DUc1TCzg
Mr. Amjad Malik being honoured with Community Services Award
Mr. Amjad Malik being honoured with British Pakistani Outstanding Community Services Award by UICF on 28 February 2007. Please click on the link below to watch the video.
Amjad Malik's Live interview in Q&A with PJ Mir on ARY TV on the issue of Chief Justice of Pakistan
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http://www.youtube.com/watch?v=xEgJssaUOGI
