President Pervez Musharraf's
policy of proclaimed 'enlightened moderation' has come under attack, this past
week, both from within and, more ominously, from without. Investigations into
the 7/7 London bombings appear to be driving to the conclusion that the
terrorists were all of Pakistani origin and also that they had links to the
extremist and terrorist infrastructure in that country. Under visible
international pressure, the General ordered a countrywide crackdown on July 15,
2005, after he told Pakistan's top police officers gathered in Rawalpindi that
they should act against the collection of donations, display of arms, and
holding of gatherings by banned groups, and not allow banned militant
organisations to re-surface using any other name. He ordered the police,
further, to "enforce an end to publication and distribution of hate material,
including pamphlets, booklets, CDs etc., and writers, publishers and
distributors of all such literature must be held accountable in accordance with
the law. You must ensure that such material is not available in markets latest
by December, this year." Pakistan, he claimed, stands at a cross-roads in its
history and there is an urgent need to address extremism existing on the fringes
of its society.
At the same time, internal evidence mounted regarding the continued activities
of Islamist extremists, and the gradual consolidation of many areas, including
the North West Frontier Province (NWFP), as staging posts for the Afghan,
Kashmiri and global jehad. The NWFP, which has continuously served as a
base for the Taliban after Operation
Enduring Freedom, has now emerged as a crucial staging post for the jehad
in Jammu and Kashmir. New evidence to this effect came to light when the
Karachi-based Herald reported in its latest issue that one of Pakistan's
oldest training camps at Mansehra in the Province is bustling with activity
after a year-long closure, as old and new cadres converged on it to resume their
training. According to a top manager of the training camp in Mansehra, all the
major organisations, including Hizb-ul-Mujahideen HM,
Al-Badr Mujahideen, Harkat-ul-Mujahideen, HuM and others, began regrouping in April 2005, renovating training facilities that
were deserted in 2004. The magazine, in its cover story, says at least 13 major
camps in the Mansehra region were revived during the first week of May 2005.
These are located in the areas of Pano Dheri, Jallo, Sufaida, Oghi, Khewari,
Jabba, Batrasi, Naradoga, Akherilla, Hisari, Boi, Tanglaee and Achherian.
Further, intelligence sources in Delhi had disclosed (as of January 2005) that
apart from the Shah Ismail Shaheed and Shewatian camps, there were nine other
camps in NWFP: Haripur, Oghi, Bakrial, Garhi Habibullah, Shinkiari, Batrasi,
Jangal Mangal, Bhoi and Balakot, hosting at least 1620 cadres.
Compounding the situation further is a new legislation that seeks to 'Talibanize'
governance in the province. On July 14, the Muttahida Majlis-e-Amal (MMA), the
ruling six-party Islamist alliance, passed the North-West Frontier Province
Hisba Act, 2005 in its Assembly by a 68-43 vote. The Hisba (Accountability) Act,
which will come into force only after the Governor signs it, will establish a
new department to "discourage vice and encourage virtue," and will set up a new
office akin to that of an ombudsman which is to be headed by a cleric called
Mohtasib (one who holds others accountable) whose main function would be to
"protect/watch the Islamic values and etiquettes at the provincial level."
According to the Hisba Act, the Mohtasib shall, on a written complaint of
any person, or on reference from the High Court, the Supreme Court or the
Provincial Assembly, or suo moto, have the power to (among others):
Enquire into the allegations of mal-administration against any Agency or its
employees; provided that no Government servant, during his service, shall be
entitled, in relation to affairs of his employment; to lodge a complaint
with the Mohtasib;
Protect/watch the Islamic values and etiquettes at the provincial level; ·
Watch the media established by Government or working under the
administrative control of Government to ensure that its publications are
useful to the propose of upholding Islamic values;
Forbid persons, Agencies and authorities working under the administrative
control of Government to act against shariah and to guide them to
good governance;
Formulate such directives and principles which may help in making the
conduct of authorities working under this section to be effective and
purposeful;
Extend help to the provincial administration in discharging its functions
smoothly and effectively; provided that the Mohtasib shall not
interfere in any matter which is sub-judice before a court of competent
jurisdiction or which relates to external affairs of Pakistan or the
relations or dealings of Pakistan with any foreign State or Government or
relates to or is connected with the defence of Pakistan or any part thereof,
the Military, Naval and Air Forces of Pakistan or the matters covered by
laws relating to these forces;
While it is clear that the Act
sets out to legitimise the MMA's agenda of radical Islam, what has astounded the
critics is the extent of powers that may accrue to the Mohtasib, something that
prompted the poet Kishwar Naheed to say, "This is more than the Taliban."
The Mohtasib shall have the same powers as are vested in a Civil Court
under the Code of Civil Procedure, 1908 (V of 1908), in respect of the following
matters, namely:
Summoning and enforcing the attendance of parties and examining him on
oath;
Compelling the production of documents; and
Receiving evidence on affidavits.
But the Act goes much further.
Under 'Special powers', the Mohtasib shall also have, among others, the
following responsibilities:
To monitor adherence of moral values of Islam at public places;
To discourage Tabdhir or extravagance, particularly at the time of
marriages and other family functions.
To follow the code of Islam in giving dowry;
To discourage beggary;
To monitor adherence to Islamic values and their respect and regard at the
times of Iftar (Breaking the Fast) and Taravih (special prayers
performed during the month of Ramadan);
To discourage entertainment shows and business transactions at the times of
Eideen and Jumm'ah prayers around mosques where such prayers are being held;
To remove causes of dereliction in performance and proper arrangement of
Eideen and Jumu'ah prayers;
To observe decorum of Islam at the times of Azan and Fard prayers;
To discourage un-Islamic and inhuman customs;
To check the tendency of indecent behaviour at public places including
harassment of females;
To advise those who are found to be disobedient to their parents; and
To mediate amongst parties and tribes in matters pertaining to murders,
attempts to murder and similar other crimes threatening to law and order
situation.
A Mohtasib is to be
provided with the "requisite police force" called Hisba Police for enforcement.
The Hisba Act, akin to the Taliban's moral policing, is also an attempt to form
a parallel judicial system. Ironically, the Hisba force, in acting as the
Inquisition-like 'chief prosecutor', is itself not accountable to anyone, since
"no court or authority shall be competent to question the legal status of the
proceedings before a Mohtasib." According to the Act, "No court or
authority shall have the power to pass any injunction or any interim or a stay
order with regard to any matter under consideration of the Mohtasib " and
only the Chief Minister can hear an appeal against his recommendations. The Mohtasib's office, which would only duplicate administration, is estimated
to cost Pakistan Rupees (PKR) 10 billion annually, while the total provincial
development fund is PKR 40 billion.
The MMA intends, through this institution, to influence in its favour the local
level elections scheduled for August-September 2005. The alliance has moreover,
time and again, declared that it would stop at nothing to bring 'real Islam' to
the Province. Incidentally, after passage of the law, religious scholars
throughout the Province reportedly took oath from their followers in the Friday
congregations to "render every sacrifice for the enforcement of Islamic system
in the province." Prayer leaders throughout the Province prayed for the success
of MMA and the Hisba institution, reiterating their commitment to face the
opponents of the Hisba Bill at every forum, including the courts, parliaments as
well as among the people. And at the famed Mohabat Khan Mosque in Peshawar, the
NWFP Minister for Finance, Planning and Development, Sirajul Haq, declared
ominously: "We will not bow in front of any one on the earth except God
Almighty. We will not make any compromise on Islam and Shariah at any
cost… We will make more such legislations to enforce Islamic system. The Hisba's
opponents want to confine Islam only to mosques like those of Christianity but
it could not be. (The) Quran directs us to enter into Islam completely. Instead
of confining it in mosques, it would have to control our business, politics and
every aspect of our life."
Arguing that it is a violation of the Constitution of Pakistan, Islamabad has
moved the Supreme Court under Article 186 of the Constitution. Earlier, on
August 12-13, 2004, the Council of Islamic Ideology (CII) had declared the Hisba
Bill to be in violation of the Constitution as it clashed with Article 175 [3],
which concerns the independence of the judiciary. Further, the CII had observed:
"Creation of the Hisba institution, instead of achieving the objectives of
Shariah, will make the injunctions of the Quran and the Sunnah controversial and
will open the gates of conflict."
The Act, however, may not come into force if Governor Khalil-ur-Rahman does not
sign the law, which he says is a "fascist idea." While there is at a certain
level an Islamabad-MMA discord, General Musharraf is aware that, 'enlightened
moderation' notwithstanding, it would be difficult to undo laws that are brought
into being in the name of Islam.
Extremist and terrorist actors have, for long, secured physical space to operate
within Pakistan, and it is the ideology of Islamist extremism - partially
reflected in parties such as the MMA and in political initiatives such as the
Hisba Act, but which also generally pervades the founding ideas and political
culture of Pakistan - that makes this possible. The West is only now beginning
to recognize the pivotal role of the "evil ideology" that British Prime Minister
Tony Blair now blames for the 7/7 attacks in London. Blair also recognized the
"battle for hearts and minds" that underlay terrorist acts and our responses to
these. Regrettably, this recognition is still to produce a significant strategy
of response in the global war on terror. On the other hand, it has been the core
of the Islamist extremist approach, which lays immense emphasis on a future
guided essentially by ideological motivators, and has created an enormous
institutional and political infrastructure for the propagation and promotion of
the ideology of extremist Islam. And it is precisely this insidious ideology, "a
belief, one whose fanaticism is such it can't be moderated", and its vast
apparatus of support within state and non-state entities in Pakistan, that draws
people like the 22-year old Shahzad Tanweer, one of the London bombers, and
thousands of others, to the madrassas, the marakiz and the
training camps of Pakistan.
The writer is Research Fellow at Institute for Conflict Management.
Courtesy : South Asia Terrorism Portal
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