Assessing Jinnah

By A.G. Noorani

Mohammed Ali Jinnah was an Indian nationalist who did not believe that nationalism meant turning one's back on the rights of one's community. The Congress stipulated that, virtually. That this was Jinnah's favourite photograph tells us a lot about his self-image.

Ignorant biographers have made much of the fact that at a reception in his honour on January 12, 1915, Gandhi asked Mohammed Ali Jinnah, who was presiding, to speak in Gujarati; implying that he was embarrassed because he knew only English. But Gujarati and Cutchi were the only two languages Jinnah spoke perfectly; "beautifully", M.C. Chagla recalled. His devoted follower M.A.H. Ispahani put it delicately: "Even in this language [English] the meticulous don would have found some flaws" (The Jinnah I Knew ; page 107).

But, with the indifference to matters of substance that marks most writings on Jinnah, they overlook a more significant aspect to the relationship. Dr. Ajeet Jawed draws pointed attention to its implications. When Gandhi returned to India from South Africa, Jinnah was a national leader towering above Motilal Nehru, Tej Bahadur Sapru and M.R. Jayakar. He was a colleague of Gopal Krishna Gokhale and Bal Gangadhar Tilak. He performed a central role in the Congress, the Muslim League and the Home Rule League (HRL). Gandhi's demand was certainly presumptuous, if not insulting. But it revealed his pronounced tendency to establish his ascendancy. It worked with all others - save Jinnah. In his correspondence, he even advised Jinnah gratuitously about his wife. In October 1916, addressing a conference over which Jinnah presided, Gandhi referred to him as "a learned Muslim gentleman ... . an eminent lawyer and not only a member of the Legislature but also president of the biggest Islamic association in India" (Secular and Nationalist Jinnah; page 193).

Gandhi was "cutting Jinnah to size", as a sectarian leader. Jinnah was neither put out nor deflected from the course he followed. Chimanlal Setalvad and he remained two persons who never subordinated their will and judgment to him. On his part, till the end Jinnah treated Gandhi as a peer. He was not forgiven for this. Jinnah could not be "domesticated" like the Nehrus and Sardar Patel, nor co-opted.

Equally wrong is the impression that Jinnah was embittered because Gandhi, in effect, ousted him from two bodies - from the Home Rule League of which Jinnah was president, and from the Congress. About what happened in the former, we have Jayakar's detailed account in his memoirs, The Story of My Life (Vol. I, pages 316-318 and 404-5). In December 1919, Jinnah invited Gandhi to join the HRL as its president. So much for his ambition and ego. He overruled Jayakar's opposition, which was based on Gokhale's advice: "Be careful that India does not trust him on occasions where delicate negotiations have to be carried on with care and caution... . He has done wonderful work in South Africa... . but I fear that when the history of the negotiations... is written with impartial accuracy, it will be found that his actual achievements were not as meritorious as is popularly imagined."

Gandhi promised Jayakar that he would not change the HRL's character. He became its president in March 1920. Gandhi and Jinnah had cooperated at the Amritsar session of the Congress in November 1919. At the Calcutta Congress in September 1920, Gandhi unfolded his programme of non-cooperation. Jinnah said that while he was "fully convinced of non-cooperation" he found Gandhi's programme unsound. Gandhi was able to win over the doubters. He failed with Jinnah. Maulana Shaukat Ali tried to assault Jinnah, but was stopped by his friends. Gandhi took the battle to the HRL and presiding over its session on October 3, 1920, had its objectives changed in breach of his promises. It was a coup. Nineteen veterans resigned from the HRL, including Jinnah, Jayakar and K.M. Munshi (vide Jayakar, page 405 for the text of the letter). Gandhi flouted his promises to Jayakar, as he recorded.

On October 30, 1920, Jinnah wrote a letter to Gandhi which is of historic importance: "I thank you for your kind suggestion offering me `to take my share in the new life that has opened up before the country'. If by `new life' you mean your methods and your programme, I am afraid I cannot accept them; for I am fully convinced that it must lead to disaster. But the actual new life that has opened up before the country is that we are faced with a Government that pays no heed to the grievances, feelings and sentiments of the people; that our own countrymen are divided; the Moderate Party is still going wrong; that your methods have already caused split and division in almost every institution that you have approached hitherto, and in the public life of the country not only amongst Hindus and Muslims but between Hindus and Hindus and Muslims and Muslims and even between fathers and sons; people generally are desperate all over the country and your extreme programme has for the moment struck the imagination mostly of the inexperienced youth and the ignorant and the illiterate. All this means complete disorganisation and chaos. What the consequence of this may be, I shudder to contemplate; but I, for one, am convinced that the present policy of the Government is the primary cause of it all and unless that cause is removed, the effects must continue. I have no voice or power to remove the cause; but at the same time I do not wish my countrymen to be dragged to the brink of a precipice in order to be shattered. The only way for the Nationalists is to unite and work for a programme which is universally acceptable for the early attainment of complete responsible government. Such a programme cannot be dictated by any single individual, but must have the approval and support of all the prominent Nationalist leaders in the country; and to achieve this end I am sure my colleagues and myself shall continue to work."

This was not an intimation of parting of ways but a plea for unity against the British, differences on the methods notwithstanding. At the Nagpur session in December 1920, Gandhi's capture of the Congress was complete. Only, it was a victory procured by a Faustian deal with the Ali brothers on Khilafat. Jinnah was in a minority of one. Decades later, Munshi lauded him for his courage. Ian Bryant Wells' comment is fair: "By taking up the Khilafat issue, he gained substantial support for his own political programme." Without the Ali brothers' support, he could not have pushed through his programme.

Before long, the All India Congress Committee (AICC) ordained that Congressmen should give 2,000 yards of hand-spun yarn every month. Jinnah was still not embittered. This is what he said on February 19, 1921: "Undoubtedly Mr. Gandhi was a great man and he had more regard for him than anyone else. But he did not believe in his programme and he could not support it" (The Collected Works of Quaid-e-Azam Mohammad Ali Jinnah; edited by Syed Shatifuddin Pirzada; Vol. I; page 411. Emphasis added throughout). Jinnah attended the Congress' annual session in Ahmedabad in 1921. The yarn requirement was another matter.

Jinnah knew what was at stake. He accurately predicted that the movement would divide the communities and breed disrespect for law and order. He supported the Khilafat cause, opposed the Ali brothers' methods, and gave up once Turkey made its own decision. He told the League: "We are not going to rest content until we have attained the fullest political freedom in our own country. Mr. Gandhi has placed his programme of non-cooperation, supported by the authority of the Khilafat Conference, before the country... . The operations of this scheme will strike at the individual in each of you, and therefore it rests with you alone to measure your strength and to weigh the pros and cons of the question before you arrive at a decision. But once you have decided to march, let there be no retreat under any circumstances... . One degrading measure upon another, disappointment upon disappointment, and injury upon injury, can lead a people only to one end. It led Russia to Bolshevism. It has led Ireland to Sinn Feinism. May it lead India to freedom... I would still ask the Government not to drive the people of India to desperation, or else there is no other course left open to the people except to inaugurate the policy of non-cooperation, though not necessarily the programme of Mr. Gandhi."

He convened a meeting of representative Muslims in Delhi in March 1927, which put forth four major demands. One of these was for a one-third representation in the Central Legislature. A committee of the Congress, set up to examine their import, accepted the demands. Its members were Motilal Nehru, Sarojini Naidu, Maulana Mohammed Ali and Srinivasa Iyengar. The AICC accepted the committee's views with minor changes.

The Hindu Mahasabha led by Madan Mohan Malaviya opposed these demands, as did Muslims in some provinces. Opposition to the Simon Commission divided the League, but Jinnah supported the Congress in the campaign to boycott this all-White body. The alternative constitutional proposals adopted in the famous Nehru Report dashed Jinnah's hopes. The Report did not even refer to Jinnah's proposals, or to their acceptance by the Congress. Jinnah now put forth his 14-points. Their rejection and his personal humiliation at the All-Parties Convention are chapters in a story told several times over. (For a crisp, documented account vide Uma Kaura's classic Muslims, and Indian Nationalism; Manohar; 1977.)

Three myths must be laid to rest. First, it did not mark "a parting of ways". Jinnah said in his speech at the Convention: "We are all sons of the soil. We have to live together... If we cannot agree, let us at any rate agree to differ, but let us part as friends." The second myth is that soon after this Convention, "Jinnah found himself in the company of the Aga Khan" and other reactionaries. The Aga Khan convened an All-India Muslim Conference in Delhi on December 31, 1928, around the same time as the All-Parties Convention on the Nehru Report in Calcutta. Wolpert `records' how Jinnah came late, looked around and what he wore. It is a fabrication. While the Ali brothers and even radicals like the Leftist poet Maulana Hasrat Mohani participated, in sheer disgust at the outcome of the Calcutta Convention, Jinnah did not. He had rejected the invitation brusquely.

The third is about Motilal Nehru's attitude. His letter to Gandhi on August 14, 1929, reported his talks with the Hindu Mahasabha leaders: "We agreed that the Hindu opposition to the Muslim demands was to continue and even be stiffened up by the time the Convention was held." He concluded: "You will see that the stumbling block in our way is this question of one-third Muslim representatives and on this point even the most advanced Musalmans like Dr. M.A. Ansari, Maulana Abul Kalam Azad, Mr. T.A.K. Sherwani and others are all very strongly in favour of the concession. I would therefore ask you to direct your attention now to the Mahasabha leaving Ali Brothers and Mr. Jinnah to stew in their own juice." (The Indian Nationalist Movement 1885 - 1947; Select Documents; edited by B.N. Pandey; Macmillan; pages. 63-64). This document establishes that: the convention failed because of the Hindu Mahasabha's obduracy; Motilal Nehru cooperated with the Mahasabha leaders though he saw no harm in the demand; and the "advanced Musalmans" failed to stand up to the Congress leaders for the community's rights, which Jinnah did without falling in the Aga Khan's camp of pro-British reactionaries. This is what made Jinnah truly unique - clarity of thought, moral courage, and sturdy, uncompromising independence. These were the qualities that made him so formidable an adversary later and so tragic in his fall from the ideals he once espoused.

Jinnah continued to cooperate with Gandhi even after Nagpur. In December 1929, he went all the way to Sabarmati Ashram to discuss the Viceroy's announcement of a Round Table Conference. Documents published recently show Jinnah pleading with the Viceroy on his behalf and that of the Congress in 1929-30. "I am left with the impression that Mr. Gandhi himself is responsible," he wrote.

His wife Ruttie's death in her 30th year, on February 20, 1929, shook Jinnah to the core. He withdrew from society and became distant. To think that it changed his political outlook is to underestimate the man's commitment and to fly in the face of the record. Even in 1937, eight years later, he saw "no difference between the ideals of the Muslim League and of the Congress, the ideal being complete freedom for India".

On July 21, 1937, Jawaharlal Nehru wrote to Rajendra Prasad: "During the general election in U.P. [United Provinces] there was not any conflict between the Congress and the Muslim League." With characteristic Nehruvian consistency, he proposed "the winding up of the Muslim League group in the U.P. and its absorption in the Congress".

In later years, Azad professing, as ever, superior wisdom pinned the blame on Nehru. It was Azad, not Nehru, who gave the surrender terms to Khaliquzzaman: the League's group "shall cease to function as a separate group" (for the text vide Indian Politics 1936-1942; by R. Coupland; Oxford University Press; page 111). Sapru's letter to B. Shiva Rao of The Hindu, dated November 16, 1940, referred to his experience of "party dictatorship or Congress Ministries wherever they have existed... . So long as these people were in power they treated everybody else with undisguised contempt". That experience led him to believe that the "Western type of majority rule in India will not do. And we shall have to come to some arrangement by which we may take along with us the minorities in matters of general interest" (Crusader for Self-Rule; Rima Hooja; Rawat Publishers; page 280). This is precisely what Jinnah came to hold and for the same reason - the Congress' refusal to share power.

He had received short shrift from Gandhi and the British at the Round table Conference in London and decided in desperation to settle down there. Returning to India, he arrived at a pact with Rajendra Prasad in 1934, in which he abandoned separate electorates. In the light of 1928, he insisted that the Congress secure the Mahasabha's assent as well (for the text vide Marguerite Dove's Forfeited Future; page 462). Nehru, however, went so far as to assert: "There are only two parties in the county, the Congress and the government." Jinnah retorted: "There is a third party in the country and that is the Muslims." If in 1928 Jayakar questioned Jinnah's credentials as a representative, in 1937 Nehru did likewise: "May I suggest to Mr. Jinnah that I come into greater touch with the Muslim masses than most of the members of the League." The Congress, at one remove Nehru himself, represented everybody and would lay down the terms for the future.

Jinnah accepted the challenge and built up through mass politics a representative capacity that stunned all. Nothing in his past should have surprised any. Men like Mohammed Iqbal and Maulana Mohammed Ali had come to regard him as the "only" Muslim leader. At the League's session in October 1937, Jinnah pleaded: "Let the Congress first bring all principal communities in the country and all principal classes of interest under its leadership." He had in mind, not merger, but "a pact", a concept he had "always believed in". But Nehru had no use for "pacts" between "handfuls of upper-class people". Jinnah, in his view, represented them alone. There really was no "minority problem". The people were concerned with bread and butter. Economic issues alone mattered.

Jinnah laid bare his heart in a much neglected speech at Aligarh in February 1938 in which he recalled the past: "At that time there was no pride in me and I used to beg from the Congress." The first "shock" came at the RTC; the next, in 1937. "The Musalmans were like the No Man's land. They were led by either the flunkeys of the British government or the camp-followers of the Congress... . The only hope for minorities is to organise themselves and secure a definite share in power to safeguard their rights and interests."

He had said in October 1937 that "all safeguards and settlements would be a scrap of paper unless they were backed up by power". In Britain the parties alternate in holding power. "But such is not the case in India. Here we have a permanent Hindu majority... ."

This is where Jinnah's recipe went disastrously wrong. The solution lay, not in aggravating the communal divide by his two-nation theory; but in the tactics of the Jinnah of old - mobilise both communities, espouse secular values and seek protection for the rights of all minorities as Dr. B.R. Ambedkar had urged him to do.

Jinnah refashioned the League and made it a progressive body. He told the students at the AMU: "What the League has done is to set you free from the reactionary elements of Muslims and to create the opinion that those who play their selfish game are traitors. It has certainly freed you from that undesirable element of Maulvis and Maulanas. I am not speaking of Maulvis as a whole class. There are some of them who are as patriotic and sincere as any other but there is a section of them which is undesirable. Having freed ourselves from the clutches of the British government, the Congress, the reactionaries and so-called Maulvis, may I appeal to the youth to emancipate our women." Later he delivered "a warning to the landlords and capitalists who have flourished at our expense" (J. Ahmad; Vol. I; pages 39, 43 and 507).

What was his alternative, the Viceroy asked Jinnah. He replied on October 5, 1939, that "an escape from the impasse ... lay in the adoption of Partition". His article in Time and Tide of London on January 19, 1940, spoke of "two nations who must both share in the governance of their common motherland... so that the present enmities may cease and India may take its part amongst the great nations of the world" - as one nation. An identical contradiction was made in his speech of August 11, 1947: "a nation of 400 million". The Pakistan Resolution of March 23, 1940, did not refer to the two-nation theory that Jinnah now began to advocate with greater stridency. It envisaged in the last paragraph an interim centre prior to partition, which Ambedkar alone noted. Even 24 hours before its adoption, the draft provided for a limited centre (vide the writer's article, "The Partition of India"; Frontline; January 4, 2002).

In a real sense our leaders were a profoundly ignorant and arrogant lot. They failed the crucial test which Edmund Burke propounded in his Thoughts on the Cause of the Present Discontents written in 1770. He held that "the temper of the people amongst whom he presides ought to be the first duty of a Statesman. And the knowledge of this temper it is by no means impossible for him to attain, if he has not an interest in being ignorant of what it is his duty to learn".

It is not any "interest" alone which prevents self-education. So does Hubris. Jinnah, Gandhi and Nehru were men of colossal pride and vanity beyond the ordinary. Jinnah should have known that besides the inherent falsity of the poisonous concept, a nationalism based on religion degenerates into violent sectarianism. Gandhi acting as "the supreme leader" never seriously strove for conciliation in a plural society. Nehru denied the validity of the concept itself. Both spurned Jinnah. He painted himself into a corner from which he did not know how to escape.

We know in retrospect how and why things went wrong. Jinnah did not devise a formula for power-sharing in a united India. The Congress was adamant against sharing power with him. Nehru forgot the lessons of 1914 when socialists expected the workers to rise against their governments when they went to war. The workers turned out to be more chauvinistic than the "upper classes". So it was with communal feeling in a deeply religious society which Nehru least understood. Neither did Jinnah. He espoused the two-nation theory. While its consequences affect India, it holds his own state hostage.

We now find the problem of a "permanent majority" in all plural societies in Europe, Asia and Africa. On December 20, 1986, the Liberation Tigers of Tamil Eelam's spokesman in Madras (now Chennai) said "two nations... coexist in one country". The LTTE does not propound sincerely a "viable alternative to Eelam", though.

Arend Lijphart's seminal work, Democracy in Plural Societies, published in 1982, propounded the concept of "consociational democracy". This would have been unthinkable to the Congress. It implied a national pact on power sharing. Safeguards are not enough. Empowerment is crucial.

From 1906 to 1936, the basis for discourse on the minority problem in India was a pact on safeguards for the minorities. What Jinnah said at the RTC in London on September 5, 1931, was conventional wisdom then: "The new Constitution should provide for reasonable guarantees to Muslims and if they are not provided, the new Constitution is sure to break down." Jawaharlal Nehru had no patience with anything that preceded his arrival on the scene of Indian politics. In a letter to Gandhi on September 11, 1931, he branded Jinnah's proposition as "narrow communalism".

Nehru's was a nationalism that denied the very fundamentals of Indian society, so far removed was he from the realities. Even Jinnah's moderation in 1931 was of no avail against Nehru's obdurate refusal to recognise that minorities were entitled to some rights. Nehru's was an absolutist secularism garnished with a socialism that he could only dimly perceive. A colossal intellectual failure all round produced a tragedy of cataclysmic proportions. Tragedy, it has been said, lies not so much in the conflict between good and evil as between one good force and another.

Like Nehru, Jinnah also shattered the established basis of discourse. Nehru did so on the minorities' rights, Jinnah on India's unity; Nehru in arrogant ignorance, Jinnah in arrogant reliance on his tactical skills. Jinnah's greatness lay in the pre-1940 record when he was a tireless conciliator, a real statesman. Both men were secularists. Therein lies the tragedy. Nehru harmed secularism by denying the legitimacy of minority rights. Jinnah ruined it by the two-nation theory.

The leaders drifted apart not only politically but also in personal estrangement. After 1937, Jinnah's rhetoric became abusive. Gandhi did not spare comments of a personal nature, either. In the aftermath of Partition, rhetoric on both sides, Indian and Pakistani, verged on abuse. Pakistanis questioned Nehru's sincerity as a secularist. On the Indian side, a portrait of Jinnah came to be painted of a man rude, arrogant and bereft of humanity. Sarojini Naidu's was a portrait of a man of deep sensitivity and refinement: "a naive and eager humanity, an intuition quick and tender as a woman's, a humour gay and winning as a child's".

Unlike Chagla, Jinnah's other junior, Yusuf Meheralli, went to prison and courageously argued back with him. But he never denigrated Jinnah. He told an American reporter: "After half an hour's conversation with Jinnah one returns a devotee." Men as diverse as V.P. Menon, Frank Moraes, P.B. Gajendragadkar, A.S.R. Chari, Mohammed Yunus and M.O. Mathai have testified to Jinnah's warmth and impeccable good manners. He would argue patiently with the young.

The great short-story writer Sadat Hasan Manto interviewed Jinnah's chauffeur and wrote an essay, "Mera Saheb" (My Boss), which was published in a collection called Ganje Farishte (Bald Angels). An English translation was published in the Illustrated Weekly of India of February 10, 1985, by Mr. Ghazeli (a pen name, of course). It reveals a man intensely human and in pain. Whenever memories of his dead wife and estranged daughter possessed him, their clothes would be spread out on the carpet for a while. He would then walk to his bedroom, wiping tears. Memoirs of his ADC Ata Rabhani, I was the Quaid's ADC (Oxford University Press; 1996) reveal a clubbable gentleman.

But the caricature of "whiskey, pork and Savile Row suit" came to stay. No one mentioned two respected Congress presidents who were devotees of Bachus. One, a man of religion, was a notorious alcoholic; the other, a lawyer, was a notorious addict. In a state of inebriation he once kicked a bucket containing food; the guests fled. Jinnah's neighbour in New Delhi, Sir Sobha Singh, recalled that he always drank in strict moderation.

Remember, Jinnah was eagerly sought after to sit on committees. A good committee man must be a good listener with a talent for compromise. No one cares to ask why it was that while Jinnah got along famously with Tilak, Malaviya and Lajpat Rai, he had problems with Gandhi. "Lalaji had generally not much difficulty in working with M.A. Jinnah." They would walk into each other's room with ease "sometimes several times in the course of the same day... and go together to Malaviyaji to continue the discussion" (Lajpat Rai by Feroz Chand; Publications Division; page 499).

That people were surprised when Jinnah's stout defence of Bhagat Singh in the Assembly was brought to light recently shows how little he was understood. "The man who goes on a hunger strike has a soul. He is moved by that soul" and was prepared to die for the cause, Jinnah thundered. Few had as good a record on civil liberties. "I thoroughly endorse the principle, that while this measure should aim at those undesirable persons who indulge in wanton vilification or attack upon the religion of any particular class or upon the founders and prophets of a religion, we must also secure this very important and fundamental principle that those who are engaged in historical works, those who are engaged in bonafide and honest criticisms of a religion shall be protected" (CW, Vol. III, page 208). (Vide the writer's essay "Jinnah's commitment to liberalism"; Economic and Political Weekly; January 13, 1990.)

Yet, it is doubtful if, in the entire history of India's struggle for freedom, anyone else has been subjected to such a sustained, determined denigration and demonisation as Jinnah has been from 1940 to this day, by almost everyone - from the leaders at the very top to academics and journalists. In his Autobiography Nehru maliciously caricatured him as one who distrusted, if not disliked, the masses and attributed to him a suggestion, he "once privately" made, that "only matriculates should be taken into the Congress". No authority for this palpable falsehood is cited. Jinnah was not one to make such a remark privately which went against his entire outlook. Nehru wrote thus in 1936. Nearly two decades earlier Jinnah's strong assertion to the contrary was made publicly and in London on August 13, 1919, in his evidence before the Joint Select Committee of Parliament on the Government of India Bill.

The Secretary of State for India Edwin Montagu was downright rude: "Question 3633: How long have you been in public life Mr. Jinnah? - (Answer) Since I was twenty-one (i.e. 1897). 3634: Have you ever known any proposal come from any government which met with your approval? - Oh, Yes... 3636: You must have felt very uncomfortable?... "

Major Ormsby "Q 3810: You speak really as an Indian Nationalist? - I do." Lord Islington asked: "Q 3884: You would say that there are people in India who though they may be not literate, have a sufficient interest in the welfare of the country to entitle them to a vote? - I think so, and I think they have a great deal of common sense... . I was astonished when I attended a meeting of mill hands in Bombay when I heard some of the speeches, and most of them were illiterates." Could such a man have made the suggestion Nehru attributed to him in 1936? Not surprisingly, in 1937 Jinnah converted the League into a mass organisation, pledged to complete independence.

Interestingly, the next day Jinnah took his wife Ruttie to the theatre. He had as a student performed in plays and even toyed with the idea of becoming an actor. When they returned home, a little after midnight Ruttie gave birth to their daughter Dina. It was on August 14-15, 1919, a devoted friend of both recorded (Ruttie Jinnah: The Story of a Great Friendship; Kanji Dwarkadas; page 18).

Addressing the League in 1924, Jinnah proudly noted that "the ordinary man in the street has found his political consciousness". He mentioned "Mahatma Gandhi" and threatened that if the British did not respond Indians should "as a last resort make the government by legislature impossible" and resort to "parliamentary obstruction and constitutional deadlocks". This was the language of a Congressman, not liberals like Sapru.

Most of Jinnah's friends were non-Muslim and they remembered him affectionately. Kanji Dwarkadas' two volumes of memoirs, India's Fight for Freedom and Ten Years to Freedom, are well documented. K.M. Munshi said "Jinnah warned Gandhiji not to encourage the fanaticism of Muslim religious leaders" in the Khilafat movement. He wrote in his Pilgrimage to Freedom (1968): "When Gandhiji forced Jinnah and his followers out of the Home Rule League and later the Congress, we all felt, with Jinnah that a movement of an unconstitutional nature, sponsored by Gandhiji with the tremendous influence he had acquired over the masses, would inevitably result in widespread violence, barring the progressive development of self-governing institutions based on a partnership between educated Hindus and Muslims. To generate coercive power in the masses would only provoke mass conflict between the two communities, as in fact it did. With his keen sense of realities Jinnah firmly set his face against any dialogue with Gandhiji on this point."

Even so Jinnah did not part company with him. Three other episodes followed - the Nehru Report, the RTC in London, and the Congress' arrogance of power (1937-39). He appealed to Gandhi in 1937, through B.G. Kher, to tackle the situation. Jinnah drew a blank.

Belatedly, on December 6, 1945, Gandhi confided to the Governor of Bengal, R.G. Casey: "Jinnah had told him that he (Gandhi) had ruined politics in India by dragging up a lot of unwholesome elements in Indian life and giving them political prominence, that it was a crime to mix up politics and religion the way he had done."

In 1936, even as he set out mobilising Muslim support, Jinnah refused to exploit the Shahidganj Mosque issue in Lahore and doused the fires. Jinnah was no Advani (vide the author's article "Ayodhya in reverse"; Frontline, February 16, 2000). The Governor of Punjab wrote: "I am greatly indebted to the efforts of Mr. Jinnah for this improvement and I wish to pay an unqualified tribute to the work he has done and is doing."

Pothan Joseph was handpicked by Jinnah to be Editor of the League's organ Dawn. He recalled that "there was no trace of pressure or censure and he was anxious to test his views by inviting criticism in the seclusion of his drawing room... the notion of his having been a common bully in argument is fantastic, for the man was a great listener... he was really a man with a heart, but determined never to be duped or see friends let down. He didn't care a hang about being misrepresented as Mir Jaffer or Judas Iscariot. No one could buy him nor would he allow himself to be betrayed by a kiss."

Amazingly, Jinnah's superb record as an MP remains yet to be studied - as a member of the Central Legislative Assembly he spoke on a variety of subjects; the Motor Vehicles and the Post Office Acts included. On March 10, 1930, he denounced the restrictive orders imposed on Vallabhbhai Patel and on January 22, 1935, the detention of Sarat Bose. He emulated the combative style of British MPs. The British, arrogant as ever, resented it. Indians, thin-skinned, took it personally.

Dewan Chaman Lall, a close friend for 30 years and a noted Congress MP, recalled Jinnah's efforts for settlement before and after 1940 and said in 1950: "He was a lovable, unsophisticated man, whatever may be said to the contrary. And he was unpurchasable."

Sarojini Naidu did not change her opinion of the man even after he began to advocate partition. She described him at a press conference in Madras on January 18, 1945, as the one incorruptible man in the whole of India. "I may not agree with him, but if there is one who cannot be bought by title, honour or position, it is Mr. Mohammed Ali Jinnah." Predictably Nehru was "upset" by her "excessively foolish speech" (SWJN: First Series; Vol. 13, page 546).

Surely, any decent biography, any honest appraisal must reckon with the entire record. No serious effort has been made to explain the change. Why did a man who wrote on March 17, 1938, that "it is the duty of every true nationalist, to whichever party or community he may belong, to help achieve a united front" against the British advocate the partition of India on March 23, 1940? Why, indeed?

The reason is not hard to seek. Jinnah was an Indian nationalist who did not believe that nationalism meant turning one's back on the rights of one's community. The Congress stipulated that, virtually. Its shabby record on Muslims in the Congress bears recalling; some day Jinnah lost his balance, abandoned Indian nationalism and inflicted on both his nation and his community harm of lasting consequences. Nehru, in contrast, stood by the secular ideal till his dying day.

Pakistanis, on the other hand, wilfully shut their eyes to Jinnah's grave mistakes and canonise him. They overlook the damage inflicted on Pakistan itself, let alone the Muslims of India. Jinnah's record from 1906 to 1940 does not obliterate the record of 1940-48 any more than Nehru's brave fight, against all odds, for secularism in India or Gandhi's conscious choice of martyrdom alters the record prior to 1947. Gandhi knew his life was in peril, but did not compromise and did not flinch one bit.

The record prior to 1940 only deepens the tragedy that befell Jinnah, and because of him, the India he loved and the community whose interests he sought to advance. Responsibility for the partition was not his exclusively; but his share was enormous.

The League's Resolution of March 23, 1940, brought partition into the realm of the possible. The collapse of the Cabinet Mission's Plan of May 16, 1946, for a united India dragged it into the abyss of inevitability. For this, Jinnah was not a bit responsible. That phase deserves a closer study than it has received.

Indians and Pakistanis must come to terms with Jinnah's record in its entirety. He was of a heroic mould but fell prey to bitterness and the poison that bitterness breeds. In the present age, some will be talking of his virtues; others of his failings alone. Posterity alone will do him justice.

Some day, the verdict of history on Jinnah will be written definitively. When it is written, that verdict will be in the terms Gibbon used for Belisarius: "His imperfections flowed from the contagion of the times; his virtues were his own, the free gift of nature or reflection. He raised himself without a master or a rival and so inadequate were the arms committed to his hand, that his sole advantage was derived from the pride and presumption of his adversaries" (The Decline and Fall of the Roman Empire; The Modern Library; Vol. II, page 240).

[The analysis 'Assessing Jinnah' written by AG Noorani was published in FRONTLINE Volume 22 - Issue 17, Aug 13 - 26, 2005.]

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Australian Muslim community on course to establish first Islamic retail bank

By Danish Ahmad Khan

Muslim community in Australia is making headway towards strengthening the principles of Islamic Banking & Finance in the country. The move is being seen as a credible and viable alternative to the offers currently available in the marketplace. The Muslim Community Cooperative Australia (MCCA) has announced its intention to turn itself into Australia’s first Islamic retail bank.

The MCCA recently held a symposium that was inaugurated by Australia’s Assistant Federal Treasurer Nick Sherry. Speaking on the occasion, Sherry said, “Australia has over 400,000 Muslims. Islamic finance was an area of growing interest in the country. The offering of retail Islamic finance products contributed to fostering social inclusion, by enabling Australian Muslims to access products that may be more consistent with their principles and beliefs as well as widening the choice of products for non-Muslims.” The Government in Canberra has also expressed an interest in the development of Islamic banking as its popularity continues to grow in Australia.

MCCA chairman Dr. Akhtar Kalam outlined the objectives of the MCCA saying that the organization was too big to remain a cooperative and yet too small to become a bank. Kalam said that the move to turn MCCA into Australia’s first Islamic retail bank would be hastened as more and more consumers are now turning to the principles of Islamic Banking & Finance as an alternative to the current offers in the marketplace. Under Islamic law, charging interest on a loan is forbidden.

"I am confident that the Islamic principles of ethical investment and finance will be immensely attractive to Australian Muslims and non Muslims and in doing so, provide the momentum that will ensure MCCA's goal is realized to be our nation's first retail Islamic bank. The MCCA would work with the federal government to address the challenges and find an Islamic Finance and Banking solution," Kalam said.

The MCCA was founded in the early 1990s. It was initially funded by shareholders but now borrows from non-banking lenders. The key achievement of the MCCA being that it has helped hundreds of Muslim families in Australia buy a home.

The symposium was held in early July, and was the largest seminar on Islamic finance that Australia ever hosted. The symposium was attended by more than 200 delegates and speakers from various countries, including the UAE and Saudi Arabia. The symposium has been held at a time when the world is in the throes of recession as also the big international banks trying to explore the opportunities that the Shariah system offers to help tide over the crisis. It may be noted that Sharia-compliant banking is a multibillion-dollar worldwide industry, and is commonplace in Indonesia and Malaysia.

Nail Aykan, a key figure of MCCA in Melbourne, addressing the gathering pointed out that the services being provided by the MCCA can help prevent further global economic meltdowns. Aykan believes that an ethical system that eschews the payment of interest in adherence to Islamic principles can help conventional banks steer a more stable and less greedy course.

"There have been many studies done to prove that Islamic banking could have avoided the global financial crisis. The Islamic banks have fared much, much better in this recession. There is a lot that the conventional world is now studying to see how it could do things better or differently to potentially avoid another global crisis," Nail Aykan said and added, "As the Muslim world is rediscovering its faith, people are coming to the realisation that they must make every possible effort to avoid interest and, hence, in the last decade there has been an incredible demand from the Muslim world for an alternative banking model."

Aykan is confident that the MCCA, being in existence for around 18 years, would be able to become the first Islamic bank in Australia – a fully fledged retail bank. Aykan said, "It will be a great opportunity because the demand is so huge. There are 400,000 Muslims living in Australia, which equates to about 80,000 families. It is estimated that around 80 per cent of those families own a home either outright or have a loan, so the market to refinance those conventional mortgages to Sharia-compliant finance is huge. The numbers speak for themselves."

Earlier, Melbourne’s La Trobe University recognized the community’s growing enthusiasm for religiously sensitive banking and set up Australia’s first master’s programme in Islamic finance. Ishaq Bhatti, Associate Professor in La Trobe University, has devised the curriculum for this master’s programme. Bhatti is an expert in both Islamic and conventional economics, accounting, financial management and analysis. The aim of the postgraduate course is to train a generation of thinkers capable of developing and exploiting a fusion of different banking cultures.
Bhatti explains, “Islamic banking is, in fact, ethical banking when people get sick of mortgages and interest rates and so they look for an alternative and Islamic banking can do that. Marrying or integrating conventional finance with Islamic finance would be better for the future of the world’s banking system. It has the potential to absorb such a financial shock that the world is currently facing.”

The capacity of a new banking structure to avoid succumbing to bad debt or toxic loans could depend on the renegotiation of contracts, which gives the Islamic model crucial flexibility, especially when times are hard. “When households are unable to pay their mortgages and businesses are unable to pay their interest in times of crisis, in Islamic finance there is a possibility to renegotiate the terms and conditions of the loan. It takes care of borrowers’ circumstances especially in the financial crisis as the world is currently facing. When a system fails, people start looking for alternatives and Islamic banking has been there for more than three decades. As an alternative system it has a chance to succeed. Obviously it is not at that level where it can make enormous contributions right away, but in the next decade or so Islamic banking practices could contribute to the banking system of the world,” an economics expert said.

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Seeking a fair deal for Muslims

By Amar Singh

The Rajindar Sachar Committee’s report on the social, economic and educational status of the Muslim community in India struck a blow to the Congress’ democratic and secularist assertions made over the decades. It lays out the actual conditions the Muslim minority faces and how it lags behind in terms of human development indicators.

It reports that only a small percentage of them are in government service and involved in areas of socio-political life.

The community has been reduced to a sort of political working capital in the hands of the big political parties. According to the report, Muslims need assistance at all levels. They face deprivation in terms of habitation facilities, access to bank credit and also political decision-making power.

Since Independence, India has seen many commissions and committees constituted to resolve the problems of the minorities, especially Muslims. The Ram Sahay Commission on Muslim weavers, the Srikrishna Commission and the Gopal Singh Commission were formed during Congress governments, but their reports are gathering dust. Such moves constitute nothing but political stunts with empty promises for the vulnerable minority. It is obvious that the Sachar Committee report will meet the same fate.

But this is the first commission to have studied the roots of the problems the Muslim community is facing and what the government has done for it in the last 50 years. Ghettoisation and insecurity have grown among Muslims after the demolition of the Babri Masjid in 1992. As a result, the percentage of Muslim children attending school and university has significantly gone down.

The follow-up on the report has taken on political hues, with the Congress using it as a tool to woo the minorities and the BJP raising concerns over the figures mentioned in it. But what has the Congress done for the minorities during all these years? It claims to be a champion of secularism but has used the term only as a euphemism to appease Muslims and secure their votes.

The Sachar report should be an eye-opener for big political parties like the Congress and the BJP, which are using the Muslim issue as a device of vote-bank politics.

After Independence and during Congress rule, there was talk of a classified circular which directed that no Muslim be appointed to senior-level positions in the defence forces. The Congress had created such a stir for a long period of time so that Muslims would be forced to leave India. Further, an imprudent game was played by the communal forces during Jawaharlal Nehru’s rule with the clandestine support of the administration and the police. This continued for almost 30 years, creating fear and anxiety among the minorities. The communal clashes that took thousands of human lives and destroyed property worth crores of rupees were the consequences of this game. The Congress appointed commission after commission to investigate the communal riots, but none of the big perpetrators has been convicted.

Instead of punishing the culprits, the police and the administration invariably prosecuted the innocent Muslim victims. The fear and anxiety this caused, and the cavalier approach of the government, resulted in low levels of progress among Muslims in education and commerce. During a span of 50 years, the entire community has been pushed into a vacuum of illiteracy and unemployment.

The fervour of backward class politics of the Congress waned in the wake of the Mandal and Mandir issues. Now it is seeking to widen its base while leading a coalition government. It has moved for other backward classes quota in higher educational institutions and talked of reservation for Muslims.

The Congress’ efforts for the progress of the minorities have been proved hollow, particularly in the Hindi heartland. On the contrary, the smaller parties, including the Samajwadi Party, the Telugu Desam Party and the Dravida Munnetra Kazhagam, and the Left parties, have brought several benefits to Muslims. The SP has time and again asked for affirmative action on the basis of the Sachar Committee report. They should be encouraged to participate in the process of economic growth. The report is a revolutionary step to uplift the minorities in India, and if the Government of India implements its recommendations, that will boost India’s secular democracy.

It is to be seen how sincerely and resolutely the United Progressive Alliance government will pursue the agenda it has laid out. Should the findings be put in deep freeze, leaving the secular and vibrant democratic future of India in a disastrous state? According to the Director of the Centre for Policy Research, Professor Pratap Bhanu Mehta, the report not only reflects the poor human index of Indian Muslims but indicates the vacuum of Indian governance. It points to the poor development of infrastructure facilities such as electricity and telecommunications services in areas of Muslim habitation. Muslims are not represented enough in the civil services, in banks, in other public sector undertakings, in the judiciary and in the agencies involved with national security tasks. The Central government needs to coordinate with State governments to pool resources and formulate such policies as would help translate their developmental regression into progress.

The Sachar Committee has suggested that a commission examine the livelihood problems faced by Muslims. But apart from instituting a committee of experts, the Congress has made no substantive effort in this direction. Proper representation of the minorities, especially Muslims, in the police and defence forces will prove to be a morale-booster for them in terms of their safety and security issues, but this has not been looked into. As per the committee’s recommendation, the Congress government has promised to open schools, training institutes and banks, provide free education up to the age of 14 and create infrastructure in areas populated by Muslims. But that promise now lies in cyberspace.

The report mentions that representation for the Muslim community to the same order as the percentage of Muslims in the population of the country is found only in one place: in jails. The fact that this is true can be seen now in Congress-ruled States such as Maharashtra and Andhra Pradesh. Many innocent Muslim youth of Mumbai and Hyderabad are in jail only on the basis of suspicion. There is hardly any effort being made by the respective governments to provide them legal aid.

In the context of the report, the Congress is trying to play the role of a messiah for Muslims. These represent nothing but tokenism. The Action Taken Report on the Sachar Committee report is but a post-dated cheque. As ever, the Congress wants to use Muslims as a vote bank. It is not really bothered of their rights or their welfare.

There are many areas where work needs to be done for the growth and development of the Muslim community, such as the provision of basic infrastructure facilities in education, health, road and drinking water, employment generation, safety, promotion of the Urdu language, modernisation of madrassa education and the separation of politics from community development.

In the present situation, the SP strives to continue the efforts it has undertaken to work for the minorities and the downtrodden. The party stands for the empowerment of the poor, the minorities, and the marginalised sections that were the worst victims of exploitation due to the lopsided policies pursued by successive governments at the Centre. Muslims want to live a respectable life without any political prejudice. They know how to carry themselves in the present conditions and how to uplift themselves and grow. The government has to support them in different spheres of activity.

The SP wants the implementation of the Sachar Committee report in toto. A high-power expert committee representing all political parties should be constituted to look into the implementation of the recommendations.

[Amar Singh is general secretary of the Samajwadi Party. He wrote this article from a hospital in Singapore while undergoing treatment. The article was published in The Hindu dated August 17, 2009]

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On Islam and Gender Equality

By Yoginder Sikand

Salbiah Ahmad is a trained civil and shariah Malay woman lawyer. She practiced for several years in Singapore and taught briefly at the International Islamic University, Kuala Lumpur. Involved with human rights issues for over two decades, she writes for a range of Malaysian and international newspapers and websites.

Critical Thoughts on Islam, Rights and Freedom in Malaysia is a collection of Ahmads essays published over the years on the Malaysian activist website www.malaysiakini.com. A major focus of the book is a critique of patriarchal interpretations of Islam and an articulation of what could be called a gender-sensitive Islamic theology (kalam) and jurisprudence (fiqh). In this way, Ahmad seeks to provide an Islamically-grounded argument for gender equality. This she does for broadly two reasons: as a strategy to develop consensus on womens rights, speaking in an Islamic language in order present gender justice as Islamically acceptable, even mandated, to believing Muslims; and as a reflection of her own personal religious consciousness and conviction as a Muslim woman.

Ahmad believes that in a Muslim-majority country like Malaysia, working for gender justice from within an Islamic paradigm is indispensable, since public discourse is heavily conditioned by Islam, a phenomenon that gender activists can ignore at their own peril. To do so would render them irrelevant to most Muslims, and lay them open to the charge of being irreligious and of allegedly undermining Islam. There is thus an urgent need to enter the realm of Islamic discourse and seek to promote gender-justice using appropriate Islamic arguments. At the same time, Ahmad suggests, this strategy is not a substitute for secular human rights activism for gender justice. Rather than seeing the two approaches as necessarily mutually exclusive, she argues for a synergy through which they can work together in tandem for common goals, considering them to be options depending on the situation at hand.

Interestingly, Ahmad does not claim to be an Islamic feminist (Feminism is not my new religion, she says), but acknowledges that it has shaped her understanding of Muslim womens oppression, providing a lens through which to critique unequal, and what she regards as un-Quranic, power relations between Muslim men and women. She disagrees with Muslims who see feminism as an attempt to discredit Islam or who interpret it as standing for enmity between men and women and as a Western conspiracy to undermine Muslim society and culture.

Ahmad arrogates to herself the right to ijtihad, unencumbered by the opinions of the classical ulema. Like the others, she approaches the Quran directly, bypassing the tradition of fiqh as well as the Hadith, because these two latter sources of kalam and fiqh contain numerous prescriptions and views that militate against her understanding of gender relations, some of which have been manufactured precisely in order to justify womens subordination. She does not regard the Quran as a closed text, whose interpretation has been frozen, settled once and for all, at some distant moment in the past. Rather, she sees it and the Sunnah as what she calls works in movement, that, like all other texts, can be, and indeed, have been, interpreted in diverse ways. Rather than being a limitation, she suggests, this is actually a blessing in that in this way these fundamental sources of Islam are able to maintain their continuing relevance across space and time, providing guidance, in terms mainly of broad principles, that can suit changing socio-historical contexts. In this way, she is able to argue for her own interpretation of the sources that contradicts, in numerous ways, the dominant male Muslim discourse.

Ahmad argues that the basis of gender equality is contained in the Quran itself. The Quran, she says, treats men and women in exactly the same way. The Prophet Muhammad expressed this principle by declaring, Humans are equal as the teeth of a comb. This, and the upholding of the inherent dignity and integrity of every human person, must be, Ahmad says, the starting point of Quranic exegesis or tafsir. This exegesis must also be continuously informed by a contextually-sensitive of public interest or maslaha, which also includes gender-justice, which is one of the fundamental aims (maqasid) of the shariah.

In approaching the Quran, Ahmad suggests, one must also keep in mind that while the Quran represents the Absolute Truth to Muslims, it is impossible for human beings to gain a perfect, authoritative or absolute understanding of it. This is because the Divine revelation has to be interpreted by human beings, who, by their nature, are limited creatures and are influenced by their own social circumstances. Hence, it is inevitable that exegesis of the revelation can never be perfect. Since, traditionally, most Muslim exegetes have been men, heirs to a long-standing tradition of patriarchy, their understandings of the Quran and the Sunnah of the Prophet have not escaped the fact of their gender and their patriarchal biases. This, Ahmad therefore argues, calls for a more gender-sensitive understanding of the Quran, in order not just to highlight womens concerns and perspectives but also to attempt to be more true to the intention of the Quran itself. Hence, Ahmad suggests, the need for Muslim women to study the text themselves directly, without relying on the tradition of patriarchal exegesis, and through the lens of adl or justice and balance, a fundamental principle of the Quran, which also includes justice between the genders.

The ontological equality of men and women in the eyes of God is something that is explicitly mentioned in the Quran. At the same time, however, there are verses in the text that could be interpreted to argue for different rights, roles and responsibilities of men and women, some of which have been interpreted by most Muslim male exegetes as legitmising what Ahmad sees as womens subordination. Ahmad claims that interpretations of the Quran (and Sunnah) that unfairly privilege males over their wives are tantamount to a violation of tawhid, the oneness of God, the very basic principle of Islam, that requires submission to God alone.

Ahmads way to reconcile these verses with what she regards as the mandate of gender justice is by calling for a critical distinction between verses that relate to the huquq Allah or rights of God (that pertain to matters between the individual and God, principally worship or ibadat), and those verses that relate to the rights of persons or huquq ul ibad, which include social affairs and relations (muamilat). She claims that while the former are unchangeable, the latter can change, particularly in order to uphold the Quranic mandate of justice. She evokes what she calls a powerful idea in the juristic notion that all matters in relation to rights of man or humankind is (sic.) the subject matter of muamalat (transactions) and thus negotiable. Curiously, she leaves unmentioned the source for this undoubtedly contestable claim, which not many traditional Muslim scholars would accept, for they would argue that any verse that is specifically mentioned in the Quran cannot be considered to be negotiable.

On the basis of her claim that Quranic verses that deal with muamilat can be changed or negotiated, if the changed context so demands in order to remain true to the Quranic principle of justicea claim for which she does not adduce any substantial evidence from within the Quran itselfAhmad argues for a change in certain rules regarding legal relating to women, claiming that traditional understandings of these verses have lost their relevance in todays context or that they do not properly reflect the intention of the Quran as she reads it.

One such contentious issue relates to women working out of their homes for a wage. The traditional fuqaha or Muslim jurisprudents allowed for this in only very extreme circumstances, but today in Malaysia Muslim women are to be found working in all sectors of the economy. Indeed, in many Malay families it is the wife that is the main bread-earner, and their families cannot manage with their income. Furthermore, Malay women are probably better educated, on the whole, than their men folk, as evidenced, for instance, by the fact that they outnumber Malay men in universities across the country. Given this, Ahmad argues, dominant notions of headship (qawwam) of the family need to be critiqued. Most male Muslim scholars rely on the following Quranic commandment to justify the claim that the family must remain under the authority of the husband:

Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means (Quran 4:34).

Ahmad engages in her own exegesis of this verse, departing considerably from the dominant male-centric interpretation. She argues that the verse does not stipulate that all males are guardians or are preferred to or superior to or are responsible for all women. It is true, she writes, that in some circumstances, some men are financially responsible for some women, as the verse indicates, but in other contexts, such as with the case of many Malaysian families today, some women may be financially responsible for some men and also for their children. This indicates, she says, that the rule that men are solely responsible for the maintenance of women is not valid universally. Engaging in a contextual reading of the verse, she argues that the notion of males as guardians over females, owing, in part to the latter being financially dependent on the former, was a product of the particular spatio-temporal context in which the Quran was revealed and which it directly addressed. Since the context has vastly changed today, she says, the notion need not be consider binding any longer. It is a cultural assumption, geared to a particular historical context, not a religious assumption that is valid for all contexts. Further, she argues, the assumption of male supremacy underlying dominant interpretations of qawwam as reflected in, for instance, traditional fiqh as well as in shariah law as it is officially administered in Malaysia, fails to reflect what she regards as the Qurans intention that marriage should be characterized by companionship and compassion between the spouses, without any element of hierarchy.

Ahmad engages in a similar contextual exegesis on the question of Muslim womens dress. Since the 1970s, as a result of the influence of various dakwah or Islamic movements, growing numbers of Malay women have taken to what is widely seen as Islamic dress, including the tudong or head-covering. Some even wear gloves and stockings and a few cover their entire face, too. Women not wearing what is regarded as Islamic dress are often looked down upon Westernised and as not truly Islamic. Interestingly, no such prejudices apply to Muslim mens dress. As in many other Muslim contexts, Islamic dress for women has become a symbol for Muslim community identity in Malaysia.

Ahmad critiques the notion of a single, prescribed Islamic dress, one that must be imposed on women even against their will. What Islam says about womens dress, she says, is always mediated by humans and is mostly gendered. Further, she writes, Muslim women should be allowed to choose what to wear on their own free will, for, she quotes the Quran as saying, Let there be no compulsion in religion (Quran 2:256). She claims that the purpose of the Quran in advising women to wear a cloak (jilbab) was not to conceal them, but, rather, to render them visible, hence recognizable, as a way to protect women, and in order to distinguish them from slave-women, who were routinely subjected to sexual abuse in pre-Islamic times. Ahmad argues that the notion that Muslim women alone must bear the responsibility of maintaining and publicly expressing Islamic identity by wearing Islamic dress is deeply problematic. This is something that must be shared by both males and females alike. She critiques those who insist that Islamic dress for women is essential in order to preserve their modesty for not applying the same standards with regard to the need for Muslim males, too, to preserve their modesty through appropriate sartorial codes. Further, while she does not appear to argue against the notion of modest dress, whether for women or men, Ahmad points out that the widely-held assumption that seventh century Arabian dress is alone what is Islamic is deeply problematic.

Ahmad argues that numerous laws in effect in Malaysia (and other countries) today that negatively impact on Muslim women are a product of traditional fiqh, which was largely a male product. Critiquing the tendency to equate fiqh, or what can be called the historical shariah, with the Divine shariah, she suggests that fiqh, being a human construct, a product of human reflection or ijtihad on the Quran and the Sunnah, can err. If it violates the basic aim of the Quran, which is justice, it can, indeed must, be suitably modified. The fuqaha of the fiqh schools were products of their own age, and it was inevitable that their opinions were influenced by the cultural, social, economic and political conditions of their times, including the fact of deep-rooted patriarchy. Some of them even changed their opinions on particular matters in the face of changed circumstances, thus suggesting that fiqh is not something stagnant, but, rather, can change as a result of changed conditions and demands. In order that fiqh respond creatively to the modern context, therefore, it is necessary to re-think fiqh in todays context, keeping in mind the vast transformations in gender relations, womens educational and economic status and the compelling need for gender justice and equity.

Not unexpectedly, Ahmad is bitterly critical of political and religious authorities who defend the application of several traditional fiqh prescriptions in the matter of family laws in the name of the shariah that, in her view, circumscribe, and even negate, what she regards as the Quranic stress on gender justice and equality. In this regard, Ahmad berates these authorities for turning down proposals to include marital rape as a punishable crime, accept women as shariah court judges, remove gender-biased clauses in the hudud laws, remove the male monopoly on declaring divorce, amend laws that require wives to submit to their husbands sexual demands against their will and maintenance on being arbitrarily accused of being disobedient to their husbands, arguing that their stance represents a blind adherence to traditional fiqh, a human and historical product, in the name of upholding the Divine shariah. She notes with dismay that because of this unwarranted conflation between fiqh and shariah or Islam itself, any voicing of criticism of fiqh can easily be branded as heresy, and even as apostasy, a punishable crime in many Muslim-majority countries. This thus is one of the biggest challenges facing the womens movement in Muslim countries, she suggests.

While she reluctantly notes certain positive legislation in this regard that has sought to improve Muslim womens legal status in several countries, she argues that the reform has not gone far enough. Once reason for this is because of methodological narrowness, with such reform being limited largely to borrowing from other Sunni jurisprudential schools in certain matters, which is hardly the paradigm shift in the notion of rights that she advocates. What she asks for is something much wider, not just in terms of substantive law, but, more than that, in legal methodology that would produce what she regards as a contextually-relevant gender-based fiqh , a product of a gender-sensitive Quranic exegesis, guided by the underlying notions of equality and justice in the Quran as well as by feminist theory.

Ahmad recognises that the gender-sensitive tafsir and fiqh that she calls for will not be easily accepted by traditionalist ulema as well as doctrinaire Islamists, who, finding these contrary to their understandings of the Islamic sources, may well consider them heretical. This is an issue related to the fundamental question of Islamic religious authority. Traditionalist ulema claim to have the sole authority to interpret Islam, but, Ahmad argues, Islam does not have any room for a priestly class that can monopolise religious interpretation and authority. Being human beings, the ulema, too, are liable to err and are not, in any way, infallible. Ahmad appears to controversially suggest that, contrary to what most traditional ulema would argue, every Muslim, male or female, has the right to interpret Islam based on a reasonably good understanding of its sources. One succeeds on sound grounds, not on ones calling, she says in this regard.

[Yoginder Sikand works with the Centre for the Study of Social Exclusion and Inclusive Social Policy at the National Law School, Bangalore. He can be contacted on ysikand@yahoo.com]

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For Muslims, graveyards become an election issue

By Danish Ahmad Khan

Come elections – whether parliamentary of assembly – Muslims in India firm up their girdles and become ready to rake up their pet issues such as Babri Masjid, Gujarat riots, status of Urdu etc. This time even graveyards have become election issue, particularly in a Delhi parliamentary constituency, if not elsewhere. Members of Muslim community are up in arms over the issue of graveyard in Northeast Delhi parliamentary constituency from where Mayawati’s Bahujan Samaj Party (BSP) has fielded Haji Dilshad Ali as the party candidate for upcoming general elections. A decrepit Muslim graveyard for the Mustafabad, Kabir Nagar and Babarpur area will be at the top of agenda during electioneering. Locals in the areas complain that there is no boundary wall around the graveyard. Heaps of garbage can be seen strewn and street dogs loitering and sniffing around the graves looking for human remains. Sometimes the problem is such that the dogs in fact succeed in taking out the bones and skulls from the graves and feast on them. The leftovers keep rotting for days thus creating bad odour and polluting the environment. The issue has therefore become quite emotional and sensitive for local Muslims and the BSP candidate is also ready to cash upon this and use it extensively in his campaign. It may be recalled that Haji Dilshad Ali had contested the Delhi assembly elections from Babarpur constituency on BSP ticket last year and succeeded in getting 28,000 votes. During the upcoming parliamentary elections, the BSP has emerged as the only party in Delhi to provide tickets to three Muslim candidates namely Haji Yunus from East Delhi constituency, Haji Dilshad Ali from Northeast Delhi constituency and Mustakeem Ahmed (Billo) from the Chandni Chowk Lok Sabha constituency.

If one goes by what Delhi Wakf Board officials say the scarcity of graveyards is indeed a real problem for the Muslim community in India’s capital. Caretaker of Delhi Wakf Board’s mosques and graveyards Mehfooz Mohammad said, “At least 10 more graveyards are required now all over Delhi. Only a handful of them are operational today. Many of the graveyards have also been illegally occupied and litigation is underway to get the land back.” According to the 1970 gazette notification, 488 Muslim graveyards exist in Delhi. However, as of now there are only 25-30 graveyards that are actually operational. The gravity of the problem which Muslim community is facing insofar as graveyards are concerned can be really assessed by the available data. Another problem of the scarcity of graveyards are some members of the Muslim community themselves. According to the Shariah (Islamic law), Muslims are enjoined to make kuchha (temporary) graves in order to facilitate more burials in a particular grave. However, quite on the contrary, some members of the Muslim community openly defy the Shariah and make permanent concrete graves for their deceased kins. They also even go to the extent of erecting tombstones thus making it difficult to bury in layers. This leads to the space shortage in graveyards hence making the problem more severe.

It is not only India’s capital Delhi which is facing the problem of the scarcity of graveyards. Another metropolis Kolkata, the capital of the state of West Bengal, is also facing the same problem. Here the situation is equally grave. According to a report in Indian Express tension erupted in Paharpur under the Garden Reach police station area on 24 March 2009 after caretaker of a Muslim graveyard was found incinerating decomposed bodies to make room for new bodies. The locals, who arrived for the burial of a body around 3 pm, said that they smelt something burning inside the graveyard. Much to their dismay they found that some bones and skulls were found burning lying in a mound of dry grass and leaves. Later over 2,000 locals gathered at the graveyard and tried to beat the caretaker Sheikh Jumman. One of the residents alleged that the graveyard caretaker Sheikh Jumman and his assistant Sheikh Jiauddin resorted to the practice of setting the bodies on fire only to make room for more bodies so that they could earn more money. The residents complained that the graveyard had a severe shortage of space since the ground had been full for the last one year. However, the police arrived on the scene and succeeded in defusing the tension after taking the two accused into police custody.

Elsewhere in the country, even the indigenous Muslims in the northeastern state of Nagaland are also facing problems related to graveyard. Here, however, the problem is of a different kind. According to the indigenous Muslims of Purana Bazar and Naharbari villages of East Dimapur the oldest graveyard is in a pitiable state. The indigenous Muslims of these two villages had acquired the graveyard at Naharbari village in 1857. This oldest graveyard has however now turned into a garbage dump for the area. The complaint being that waste from households are being continuously dumped here thus creating a highly unhygienic environment, facilitating the breeding of mosquitoes and other insects and spreading pollution. The Muslim Committee of Purana Bazar and Naharbari on their initiative conducted a mass social work to dispose off the waste recently. They also urged the residents of the houses surrounding the graveyard not to throw any garbage there since it would hurt the religious sentiments of the Muslim community. They also explained to the residents that the graveyard is the most holy place for the believers.

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Urdu becomes poll issue again. But, will it deliver good to Muslims?

By Danish Ahmad Khan
 

With parliamentary elections round the corner, Muslim politicians become active and start raising emotive issues with a vengeance. This time round the language of Urdu is again threatening to become a poll issue at least in a couple of Indian states. Recently, representatives of various Muslim organisations under the banner of Anjuman Taraqqui Urdu (Hindi) staged a demonstration in Kolkata to press for their demand seeking second official language status for Urdu in four subdivisions of Kolkata, Garden Reach, Asansol and Islampur in the state of West Bengal. The four subdivisions where Muslim organisations want Urdu to be declared as an official language have nearly 20 per cent Urdu speaking minority population. Presently, there are about 100 Urdu medium schools in the state. "Once Urdu is declared as an official state language then our children will have the opportunity to pursue their studies from primary to Masters level in one language. The students will be able take any state-level competitive examination in Urdu and this will open a number of employment opportunities for them. We want an Act to be passed in the Assembly declaring Urdu as the official state language. If our demand is not met then its effect will be seen in the elections. There are more than 60 Assembly seats where minorities play significant role during elections," said Mohammad Sulaiman Khurshid, general secretary, Anjuman Taraqqui Urdu (Hindi). Besides declaring Urdu as an official language, Muslim organisations also want question papers of every subject in Madhyamik (matriculation) examinations to be printed in Urdu. Earlier, the state government had promised to recognise Urdu as an official state language in the form of a Chief Secretary Executive order in 1981. However, no initiative has been taken in this regard ever since. The move has come at a time when Left Front government in the state is struggling to keep its minority votes intact. Besides West Bengal, Urdu also remains an emotional issue for Muslims in the states of Bihar and Uttar Pradesh. Muslims in these two states rue the step-motherly treatment being meted out to Urdu and have threatened to vent out their anger during ensuing polls.

Urdu – Demography & Scope


As it is now in independent India Urdu is widely perceived to be a language that remains exclusive preserve of the Muslim population. However, defying the popular notion Urdu is only spoken in tiny enclaves across a handful states of India. A report by M.A. Siraj published in Deccan Herald (15 September 2007) cites the latest Language Atlas of India published by the Registrar General and Census Commissioner which undertook a special exercise that cross tabulated the Urdu and Muslim population in the country. The report says: “The significant aspect of the outcome of the exercise is the fact that only a little half of Muslims (i.e. 51.5 percent) residing in Uttar Pradesh have recorded Urdu as their mother tongue. In the case of Bihar, this proportion is about 66.8 percent. In contrast, a vastly preponderant majority of Muslims living in Andhra Pradesh, Karnataka and Maharashtra have registered Urdu as their mother tongue. Other states where proportion of Urdu speakers among Muslims is significant are Tamil Nadu, Rajasthan and Madhya Pradesh.” The report further adds: “To sum up the position of Urdu vis-à-vis Muslims, it would be sufficient to point out that while there were 101.5 million Muslims in India (1991 Census which excludes Jammu and Kashmir), 42.72 percent recorded Urdu to be their mother tongue. This is to say that less than half of Indian Muslims speak or use Urdu.”

Providing details about the linguistic composition of Muslims in India, the Language Atlas of India points out that at least is three more states – Kerala, Assam and West Bengal – Muslims make up a good chunk of population. In Kerala there are 23 percent Muslims, Assam 28.43 percent and West Bengal has 23.61 percent. However, in contrast Urdu-speaking Muslims are merely 0.19 percent, 0.06 percent and 9.05 percent respectively in these three states. In states of Rajasthan, Madhya Pradesh and Haryana the proportion of Urdu-speaking Muslims constitute 27 percent, 37.40 percent and 34 percent respectively.

With the available data at hand at least one thing can be said that Urdu remains greatly confined to the Muslims of north India. In south Indian states like Tamil Nadu and Kerala Muslims are least concerned about Urdu and give more preference to their respective regional languages i.e. Tamil and Malayalam. The scope of the development of Urdu and its speakers therefore also remains quite limited.

Urdu and Muslim identity
 
The association of Urdu with the religious identity of Muslims dates back to the days of struggle for India's independence. With an eye on establishing British rule in India, the East India Company upon setting its foot started exercising executive power on behalf of titular Mughul sovereign and abolished Persian from official use and replaced it with English and native vernaculars through a decree in 1837. Urdu, which already had established its dominating position over local vernaculars, was however accepted and retained as lingua franca in northern India by the East India Company. Urdu was also allowed to remain the language of courts in northern India. The imposition of Urdu was however opposed by the Hindu masses who demanded that the vernacular of northern India Hindi be accorded the official language status. The Muslim elite, to whom Urdu was confined as the lingua franca, vehemently opposed the official status demand for Hindi. This gave birth to Hindi-Urdu controversy which gradually acquired communal overtones over the years.

The two-nation theory propounded by renowned poet Mohammad Iqbal brought Urdu to the centrestage of Muslim politics. The then Muslim League leadership politicized Urdu and exploited it to the hilt. Prominent Muslim League leader and founder of Islamic Republic of Pakistan Mohammad Ali Jinnah, who could not even write his own name in Urdu, included it in his famous fourteen points and cynically used it as a tool to forge a Muslim identity. Jinnah exploited Urdu to widen the gap of cultural divide between Hindus and Muslims though he could not speak a word of Urdu. The Muslim League at the height of its partition demand repudiated the slogan 'Hindi-Hindu-Hindustan' with 'Urdu-Muslim-Pakistan'.

Later after partition and India’s independence, the founder of the Aligarh movement Sir Syed Ahmad Khan called for the adoption of Urdu as the language of Indian Muslims. The move also won considerable support from Muslim religious activists of the Deobandi and Wahabbi schools. Organisations like the Urdu Defence Association and Anjuman Taraqqi-i-Urdu were formed to advocate the cause of Urdu. Muslim religious leaders such as Maulana Mohammad Ali, Maulana Shaukat Ali and Maulana Maududi emphasised the knowledge of Urdu as essential for ordinary and religious Muslims. Even Muslim political and social organisations like the All India Muslim League and the Jamaat-e-Islami projected Urdu as essential for the political and cultural survival of Muslim society in India. Shibli Nomani made extensive efforts resulting in the adoption of Urdu as the official language of the Hyderabad State and as the medium of instruction in the Osmania University. Nomani's campaign drew widespread criticism for making the use of Urdu as a political issue that further deepened the divide between Muslims and Hindus. Notwithstanding, Urdu has today become an integral part of political identity and cultural separatism for Muslims in northern and western India.

Role of Urdu

The language of Urdu took birth in India with the advent of Mughal conquerors. Urdu emerged as a synthesis of Khari Boli (Hindi), Braj Bhasha Rajasthani and Punjabi with some Persian and Arabic vocabulary. Being a socio-administrative requirement of Mughal conquerors, the Urdu language became lingua franca in course of time primarily for interaction between the Mughal soldiers and native dwellers. However, the gradual Persianisation and Arabisation of the Urdu language by Mughal conquerors to extend their hegemony over India started playing spoilsport and became the root cause of dividing the Indian society on purely religious lines. Natives viewed the move with suspicion and saw it an attempt to establish the cultural and linguistic hegemony in the region by the Mughal rulers. Native languages had Sanskrit origin and Nagari script, but the imposition of Urdu with Perso-Arabic script was vigorously opposed by the native dwellers. It can be said that the birth of Urdu created the first social division of the Indian society.

From the aspect of language and literature, Urdu is sweet in its essence. It is owing to the Urdu language that a vibrant slogan of 'Inquilab Zindabad' was coined during freedom struggle, and which played a crucial role in freeing India from British rule. However, on the other hand things have been gloomy insofar as social and political role of the Urdu language is concerned. The language of Urdu which was flagrantly used as a political tool by Muslim politicians to create a social and religious divide between Muslims and Hindus and ultimately played a nefarious role in the partition of India, however could not keep Muslims themselves together. After India's partition on two language-two nation theory, the Urdu-speaking Mohajirs in the Islamic Republic of Pakistan have been rendered to live under the subjugation of Punjabi-majority rule as second class citizens forever. Once during a visit to India, prominent Mohajir leader and MQM chief Altaf Hussain had to acknowledge and declare that the partition of India was the greatest blunder in human history. The situation with Urdu-speaking Bihari Muslims in Bangladesh is equally pitiable. Around 2.5 lakh Urdu-speaking Muslims have been suffering a worse fate and forced to live in 160 refugee camps under the supervision of the International Committee of Red Cross for over three decades. Only recently these Bihari Muslims accepted Bangladeshi citizenship and were registered as voters in 2008.

To date, the Urdu-speaking population in these three countries – India, Pakistan and Bangladesh – continues to face a crisis of identity. Urdu-speaking Muslims in northern and western India are still struggling for their identity as a majority of Hindus still refuse to forgive them for demanding the partition of India. In Pakistan, the Urdu-speaking Mohajirs continue to be nostalgic about their land of origin and therefore the local communities in the country are unwilling to forgive them for this. Similarly, for Bihari Muslims the existence is tough as Bangladeshis are not ready to forgive them for having opposed the struggle for liberation from West Pakistan. The language of Urdu also played a divisive role here since Muslims in Bangladesh (erstwhile East Pakistan) refused to accept the hegemony of West Pakistan and therefore the domination of Urdu language. This ultimately resulted in the partition of Pakistan itself on two language-two nation formula and a new nation of Bangladesh took birth.

What have Muslims gained from Urdu?
 
The biggest question one is forced to ask is that has the language of Urdu benefitted Muslims in any way at least in terms of employment opportunities with handsome earnings. For this big question the answer too is simply a big NO. The bitter truth is that privileged Muslims prefer to send their children to study in convents or missionary schools instead of Urdu-medium schools. And, why not? They already know the pitiable conditions that Urdu-medium schools are usually found in. Forget this. Even the champions that advocate the cause of Urdu and are occupying top positions in Urdu in various universities and government offices also prefer to send their children to study in English-medium schools.

Only the wards of Muslims below the poverty line are left with little choice and are forced to go to Urdu-medium schools. Even those Muslims who are slightly better off prefer to send their children to Hindi-medium schools instead of Urdu-medium schools. For them education in Hindi-medium schools mean better employment opportunities. One cannot overlook the fact that the bane of Urdu-medium schools is non-availability of teachers, particularly in Mathematics, English and Science subjects. Besides, Urdu-medium textbooks are not generally available in the market and has been a problem for ages. The problem is such grave that when the English and Hindi books of the National Council of Educational Research and Training (NCERT) are sent to the market, the translation of Urdu books begins and by the time the translation ends, either the session is over or the text is changed. In comparison to other schools, Urdu-medium schools neither promote nor inculcate extra-curricular activity to motivate students. I have rarely found a Parent-Teacher Association body existing in Urdu schools. As a corollary the rapport between the principals, parents, teachers and students is abysmally low. Also, in most of the Urdu-medium schools the principals and teachers are appointed hailing from an English or Hindi background thus resulting in a lacuna of understanding as also a language bias in day-to-day activities of the schools. A visit to Urdu-medium schools in India is a tell tale in itself. The ghettoized Urdu-medium schools have extremely poor infrastructure and environment – sparsely-lit dilapidated classrooms, poor sanitation facilities, broken and decrepit furniture, unhygienic drinking water or no water. The absence or co-curricular activities, lack of teachers, unconcerned parents and uninterested students are other remarkable features of Urdu-medium schools in India.

In terms of higher education, even if some concerned Muslims want to adopt Urdu medium for their studies one seldom finds Engineering, Medicine and Information Technology books in Urdu. This strictly limits the scope of the language itself and also those of its practitioners. Undoubtedly, the language of Urdu is known for its richness, sweetness and immense literary value. It has been kept alive by Hindi cinema, few Urdu radio and TV channels, the madrassas, the occasional recitation of couplets from Ghalib, Iqbal and Faiz in Parliament, and of course, the routine Mehfil-e-Shayari on the occasions of Independence Day and Republic Day. But it’s saddening that the language of Urdu doesn’t open up many avenues on the professional front.

Saving Urdu from politicians and Muslim radicals

The above facts make it obvious that the language of Urdu continues to be used as a political tool both in the hands of politicians and Muslim radicals. As part of planned conspiracy the Indian National Congress introduced Urdu as a medium of study utilizing Articles 14, 19 (1) (g), 24, 29 (2), 30 (1), 38, 39 (F), 41 and 61 of the Indian Constitution with an eye on Muslim votes. The nefarious move over the years pushed Muslims on the fringes and into the dark ages. Keeping in view the votebank politics, the state governments in Bihar, Uttar Pradesh, Himachal Pradesh, Andhra Pradesh and Delhi accorded Urdu the second official language status. The demand for making Urdu the second language status in four subdivisions of West Bengal is part of the gameplan of selfish, narrow-minded Muslim politicians to keep the community backward and always struggling for an honorable existence. Only a handful of Urdu knowing Muslims could succeed in getting low-paid government jobs. The motivation has not been such that even the people in these states have never been able to get emotionally attached to Urdu. The state governments occasionally sanction millions of rupees in the name of Urdu and uplift of minorities to Urdu promotion institutes like the Urdu Academies, Anjuman Taraqqui-e-Urdu, the National Council for Promotion of Urdu and State Minority Commissions. However, the move has proved futile and these institutions remain white elephants and left into the hands of corrupt administrators. The fate of Urdu and the minorities thus remains to be imagined. The Muslim clergy has also done a great disservice to Muslims by linking Urdu with Islam. Time and again the Muslim clergy has sought to equate the alleged declining status of Urdu as threat to the Islamic identity of Indian Muslims thus communalizing the whole issue.

The height of the politicization of Urdu and its linkage with the Muslims is such that the Indian National Congress President Sonia Gandhi wrote a letter in Urdu and sent it to as many as 15,000 Muslims in an attempt to reach out to the Muslim electorate during 2007 assembly polls in Uttar Pradesh making a strong plea to extend support “in her fight against forces of casteism and communalism”. Not only this, even arch enemy of the Muslim world the State of Israel assessing the importance of Indian Muslims launched its official website in Urdu in July 2008. While launching the Urdu website Israel’s Ambassador to India Mark Sofer said, "India is known for its moderate and forward-looking religion of beauty that is Islam. There is no reason why we should not address a large section of a strong community."

The so-called Muslim leadership doesn’t have any pragmatic and serious agenda for the betterment of the community. When elections are due to take place these so-called leaders resurface just like frogs out of the wells during rainy seasons. For these self-serving leaders instead of economic, social and educational uplift of Muslims, the important electoral issues are Urdu, Osama bin Laden and Babri Masjid. I remember during 2005 Bihar assembly polls a Osama bin Laden lookalike Mullah used to do rounds with Rashtriya Janata Dal leader Lalu Prasad Yadav during election meetings across the state. Later on, this Osama bin Laden lookalike Mullah switched sides with ease and used to accompany Lok Jan Shakti Party leader Ram Vilas Paswan during election meetings. We can simply assess the state of mind of Muslims and how these leaders and clerics play with their emotions.

The need of the hour is that Muslim masses should be awake from their slumber. The Muslim youth have a special role to play. It is the youth who is made the sacrificial goat – whether it be playing with their careers or turning them into suicide bombs and terrorists. It is the Muslim youth who is left to take the bullets during an encounter with the police, fake or otherwise. The so-called Muslim leaders only play with their emotions and meet their own selfish ends. It will be too late if the innocent Muslim masses continue to remain tools in their hands. The time has also come to take the Muslim clerics head on and put an end to their dangerous and evil designs of dividing the Indian Muslim society.

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