I listened and watched all that has been happening with respect to Nouman Ali Khan with great pain but in silence. Hoping that I would see justice prevail. Even more so because of those involved in this ‘duel’, if I may be allowed to use the term. Naturally the expectations of lay people like myself are higher when it comes to those who are defined as people of knowledge.
But what do I see, days after the breaking news headlines?
Allegations, insinuations, ‘advice’ which pretends to be objective but which is insinuation in disguise with only the name of the alleged offender missing. As a stupid, ignorant old fakir without any big name Islamic universities to my name, I must object. I have seen and listened (forcibly as people send me all kinds of ‘news’ items from FB of which I am not a member) enough.
On the authority of Abu Sa’eed al-Khudree (RA) who said: I heard Rasoolullahﷺ say, “Whosoever of you sees an evil, let him change it with his hand; and if he is not able to do so, then [let him change it] with his tongue; and if he is not able to do so, then with his heart — and that is the weakest of faith.” [Muslim]
Rasoolullahﷺ didn’t leave us with an option. It is hand or tongue. Simply sitting by and watching the fun, even if you hate it, is not an option as that is a sign of a fatal spiritual sickness; the weakness of faith which Rasoolullahﷺ called, ‘weakest of faith.’ So, here is my two cents worth – not for you, the reader (you can take it or leave it), but as my witness to my Rabb to show that I didn’t simply sit and watch.
What is happening – my take on it.
A person, a teacher of Qur’an, is being accused of ‘inappropriate’ behavior with female students.
- What is the nature of this inappropriate behavior? Not known.
- What is the proof that it happened? Not known. I say this because whatever I saw is not evidence admissible in law.
- Who raised the complaint? Not the alleged victims. But someone else.
- Why did the one who brought the complaint in public, do so when the alleged victims didn’t? Not known.
- Was the complaint raised with any competent authority to deal with such complaints? Not known.
- What is the purpose of making public statements on FB and other social media? Not known.
I think this list is enough for the present.
What should have happened?
- The victims should have raised their complaint with the competent authority i.e. police, courts of law, Shari’ah courts, council of senior scholars, human rights authorities and so on. There are plenty of them available and the matter should have been raised with them.
- Evidence of wrong doing should have been presented to them.
- Action should have been initiated by them, if the allegations were proved right.’
- Reparations, compensation and punishment should have been awarded.
- Instead what happened and continues, we all know and so I won’t insult your intelligence and waste your time by listing it.
What must you (everyone other than the victims) do?
SHUT UP! And fear the Day when you will meet Allahﷻ.
What must the victims do? Please read what I have written above.
What should absolutely STOP right away?
Facebook posts, social media gossip, WhatsApp forwards and all the mudslinging that is going on, even though some of it is sought to be camouflaged as ‘good advice’.
Please remember that in Islam there is a law. And it is not to condemn and damage a person without proper evidence. In this case, the damage is done already. Whatever happens now can’t undo that damage, especially if it comes out that the accused was innocent. Those who caused this damage may like to contemplate on how they are going to answer Allahﷻ when they meet Him.
Please note that I am not defending anyone. I am talking about the methodology of dealing with complaints. Justice must not only be done but it must appear to have been done. I am sure you will all agree that in the case in point, justice has neither been done, nor is that any appearance of justice in this whole sad and sordid scenario. What is evident is loose talk at best and an evil intention to cause harm at worst. Allahﷻ knows what it is best.
What is also evident is the incalculable harm caused to the image of Islam, Muslim scholars and the whole work of Da’awatul Islam by the way in which this whole matter has been dealt with, by those who should have known better and by their mindless followers in forwarding messages and gossip. Everyone has been harmed, whether they were associated with this matter or not. Suspicion has been cast on the entire brotherhood of Ulama and the whole work of teaching Islam. Everyone has been tarred with the same brush. And the biggest tragedy is that we still have no evidence that the ‘prime accused’ actually committed any crime. Yet, he has been tried and condemned and punished and everyone like him by the actions of those who call themselves his ‘close friends’ and their followers.
Abu Hurairah (RA) said that Rasoolullahﷺ said, “Beware of suspicion, for suspicion is the greatest falsehood. Do not try to find fault with each other, do not spy on one another, do not vie with one another, do not envy one another, do not be angry with one another, do not turn away from one another, and be slaves of Allahﷻ, brothers to one another, as you have been enjoined.”
Hujuraat 49:10. The believers are brothers (in Islam). So, make reconciliation between your brothers, and fear Allah, that you may receive mercy.
I know that I am preaching to the choir here, because there is not one single thing that I have said above that you don’t already know. I am still saying it because I think this reminder is necessary. I ask Allahﷻto be my witness. Ask your heart because Rasoolullahﷺ told us that the heart of the Muttaqi is the best Mufti.
I don’t say that abuse of authority is not happening. It is and that too more widely than we like to admit. The victims of abuse are often shamed into remaining silent. The argument, ‘Allahﷻ will reward you and punish the offender’, is used to prevent them from going to the authorities. Offenders (Ulama) also misquote and misuse the Shariah to justify their wrong doing. I recall a case where a married man (A’alim) who used to teach at a Muslim school married a fifteen-year-old student. When he was confronted, he said, ‘Multiple marriages are permitted in Islam and the girl has attained puberty and is a consenting adult.’ I consider this a gross abuse of privilege and a distortion of Islam and its laws to suit the carnal desires of the man. The fact of the matter is that the girl’s parents didn’t send her to the school for her to be targeted by her teacher in a sexual way and even if he married her, that is not why she was sent there. His behavior violates all rules of decency, safety and privilege even if he can find some law in the Shariah to misquote to support his wrong action.
I totally agree that abuse of authority must be punished and in an exemplary way. But to do it like this, without proper evidence and by rumor mongering, only strengthens the hands of the offenders because when the evidence is not forthcoming or is not admissible, then they will claim that they had been wronged, when in fact they were the predators and not the victims.
Subverting justice can never serve the cause of justice.
We are free to choose but every choice has a price.
We seem to be living in times when some people appear to be bent on challenging this law of nature – that fire burns and the result is always ash.
The way people handle catastrophic news is as follows:
Shock > Grief > Anger > Hope > Faith
If, this cycle is interrupted, then a new ending happens. The new cycle becomes:
Shock > Grief > Anger > Hope > Despair
Beware the man who feels he has nothing to lose. Crime can be prevented. Crime must be prevented. As they say, ‘prevention is better than cure’. In the case of crime this is even more important because like the case in point above, nothing that can be done now will ever restore the lives of those who were murdered for no reason other than they belonged to a particular religious group. I didn’t put it like that because I am reluctant to use the word ‘Muslim’, but because Muslims are not the only ones at the receiving end. We had Sikhs killed in their hundreds (maybe thousands) when Indira Gandhi was assassinated and Congress was in power. They still await justice. We have Dalits who have been killed for decades and nobody even talks about justice for them. We had churches burnt, priests and nuns killed, one burnt alive in his car with his two little children. They still await justice. We had Muslims who were killed all over Gujarat in 2002 (one among hundreds of so-called riots all over India). We had two terms of Congress government rule thereafter but the victims still await justice.
What I am trying to say is that what is happening in India today in the name of ‘cow vigilantism’ or extremism, is not new. Neither can the responsibility of it be laid at the door of the BJP alone. It is true that it is BJP in power today and so we look to them to ensure that justice is done and good governance is not sacrificed at the altar of political expediency. But that was and will always be our expectation from any government in power. Governments are supposed to govern. When they don’t, the country loses. Not any individual or group, but the whole nation. Where the loss is likely to be irreplaceable, it is even more important to ensure that it doesn’t happen in the first place.
This is why a strong system of crime investigation, community participation and swift justice plays a very powerful role in keeping the victims from the brink of despair. As long as people know that they have a viable alternative for redress of wrong, they will take that option every single time. But when they begin to see from experience after experience, that criminals always get away, crimes go unpunished, there is no hope for justice, compensation or retribution, then they fall into despair. Take the latest breaking news about the killers of Pehlu Khan, the dairy farmer who was slaughtered while he was legally, legitimately and justifiably transporting cows to his dairy farm.
I have no comments to make as I didn’t handle the investigation. All I can say is that Pehlu Khan didn’t commit suicide or drop dead on his own. He was killed. Before he died, he recognized and named his killers. So, if they are not guilty, who is? That is what the police and the State are supposed to find out and bring to book.
If Pehlu Khan’s case was a Pehli-bar, then one wouldn’t be so concerned. But this is like a broken record, or a bad penny (choose your own proverb), it seems to happen every time. I can name incident after incident but don’t want to waste space here or your time. You know all the incidents that have happened. All with the same ending, nobody is guilty of the crime. Today there is a lot of justifiable concern to prevent radicalization of youth. What is needed is a frank assessment of what leads to radicalization and acceptance of the fact that it is lack of law enforcement and swift justice that leads to people falling into despair. That is a downward spiral that has only one end.
India is a land of contradictions. The only constant is diversity which we tolerate only by force. However, we are very comfortable living with complete contradictions as we live in compartments in our minds. Let me give you some examples: In India, we worship the woman – as a goddess – of everything from wealth, to fertility to knowledge to music to power. But have no problems demanding dowry from the bride for the favor of marrying her and then burning her alive (or murdering her in other ways) if the dowry is not enough or if we simply decide later that we want more. Incidentally this is an Indian issue, not a Hindu one. Muslims for whom taking dowry is Haraam, do so under different pretexts, trying to deceive God and man. But they deceive nobody except themselves.
Of late, rape has become a national pastime with our august politicians saying in effect, ‘Boys will be boys. Girls must not provoke them by dressing immodestly.’ Another said, ‘It is the effect of eating a lot of noodles.’ He was from Haryana where evidently, they eat a lot of noodles. Muslims like to proclaim loudly for all those who care to listen that Islam treats women and men equally and gives rights to women that they don’t have in many modern countries to this day. But they remain silent on the fact that Islam gives women these rights but Muslim men don’t. So, Muslim women continue to be deprived of what their religion guarantees them.
Take food, which today has literally become a matter of life and death in our country. Beef is the main course in Kerala, Goa, Nagaland, Manipur, Assam, Arunachal Pradesh, Mizoram, Meghalaya (all Hindu majority states) and prohibited, banned, proscribed, Haraam in Kashmir (Muslim dominated state). But in UP, MP, Maharashtra, Rajasthan, Gujarat, if you say the word ‘beef’ without due respect, as determined by the Gau Rakshak (Cow Protector) who hears you, you will be summarily slaughtered without any problem or inconvenience to the slaughterers. Never mind that nobody in their right minds slaughters milch cows or buffaloes. It is bulls, male calves, or old cows which have run dry and are past yielding age which are slaughtered. That is an economic need of the farmer who can’t afford to keep and feed them, so he sells them. Anyway, none of these logical arguments makes any sense. Nor does the fact that despite the fact that Gau Rakshaks rule the roost, India continues to be the largest exporter of beef to the world. How that is possible in a country where even if you talk about killing a cow, you will pay for that with your life, is, like the Indian Rope Trick and the Water of Ganges magician’s tricks, an enduring mystery.
We worship snakes but slaughter the first one we see. We talk about Vasudev Kudumbakam (whole world is one family) but protect, uphold and propagate the caste system. We have Lord Aiyappa on his hilltop residence to visit whom you must necessarily, by his order, first pay respects to his Muslim friend, Vavar Swamy (resemblance to my name is accidental), whose temple (why a temple to a Muslim?) is at the foot of the hill. Millions do it, but it is Open Season on Muslims all over.
I can go on endlessly but I won’t. Why is this important? Because it shows up in attitudes in the workplace, society and politics. The ability to hold two opposing ideas simultaneously in the mind is a sign of intelligence. The ability to hold two opposing values simultaneously in the heart is a sign of hypocrisy. In this we are very skilled and entirely at ease.
The question is, where will this lead us. It is a rhetorical question to which I am sure we all know the answer.
Terror is fire.
Fire always burns.
And the result is always ash.
Ralph Chaplin said: “Mourn not the dead that in the cool earth lie, but rather mourn the apathetic throng, the coward and the meek who see the world’s great anguish and its wrong but dare not speak.”
A friend asked me for my opinion about the Bhopal ‘encounter’ which is in the news at present where eight young men, allegedly ‘dreaded terrorists’, were ‘encountered’. This is a cute term invented by the Indian media to describe what should correctly be called ‘extra-judicial killings’. And if you are among those who like to reduce everything to a single word, then you may like to experiment with the word, ‘Murder’. Truth and facts are boring and don’t sell papers or generate TRP ratings for so-called News Channels (which should be called by their real name – Propaganda Machine) but lace the truth with a dash (if required completely drench it) of fantasy, drama, excitement and fear and you can make a jaw-dropping, BP-raising, edge-of-the-seat, breathtaking clip of a cat catching a mouse. That is where the word ‘encounter’ came into being – murder being rather boring. And those who indulge in it on a regular basis were given the media medal of ‘Encounter Specialist’. I will leave you to arrive at what the logical, factual, straight and truthful word is, that should be used. No point in belaboring the point.
To give you an example of the monsters our media creates see this headline: http://bit.ly/1eBKIgu Why would anyone fear someone whose specialty is killing innocent, unarmed people? If that is a definition they feel proud of and their law-abiding brethren are not ashamed of, then pray what is the difference between this and the way you would define every daku (dacoit) of Chambal or every supari hitman gangster of the underworld? If honest police officers find such media descriptions insulting, then why do they remain silent? Here’s what Wikipedia has to say about ‘encounter’ killings: http://bit.ly/2eERe9jLet me leave such thoughts to those who should really reflect on them.
I decided to begin at the beginning and googled the term Encounter. Google, like Jeeves, gives satisfaction and so here is what came up.
I am not sure if those who had the encounter (or were ‘encountered’; such a useful language, English) would describe what they faced as, ‘we encountered a slight problem’, but fortunately they are not in a position to disagree with this definition, so we can ignore what they may have wanted to say.
So, what really happened in Bhopal?
God, of course, always knows. In this case those it happened to and those who facilitated that happening also know. But one lot is now speechless and the other lot are not speaking. Therefore, I am exactly where all of you are; with an enigmatic mystery to solve. Those addicted to mystery novels (I am, if Jeffery Arthur is the author) will be thrilled that one is unfolding before their eyes. I mentioned JA not by accident but by design. Because one of the most enjoyably infuriating thing about his writing is that the mystery is never completely solved. So, you gnash your teeth in frustration, curse him for being the cussed, devious man he is and wait with baited breath for his next novel, knowing full well that it is going to leave you in the exactly same state. We are all suckers for punishment. That is why I have read all his novels and pray for his long and productive life.
The Bhopal Encounter (it deserves upper case) is a mystery which will never be solved (at least for garden variety lizards like me) and will be followed by another and another as it was preceded by one and more.
Then why write anything at all about it?
I believe the Bhopal Encounter is a snapshot of what happens to democracies and what has been happening to our Indian democracy when those who make up the democracy decide to copout of the process. What defines and differentiates a democracy (India?) from a monarchy (Britain), a dictatorship (Egypt), an oligarchy (USA) or an anarchy (??) is the actions of its people. Democracy is not the name of a system of government. It is the name of a state of being that a nation of people choose for themselves. It is the name of a belief about yourself. It is the name of dignity of the individual. It is the name of justice where the law supersedes the individual (the opposite is the definition of feudalism). It is the name of self-determination, individual liberty, mutual compassion and concern. The system of government called ‘Democracy’, ensures all this. When its nature changes and it is no longer able to fulfill what the term ‘Democracy’ defines, it ceases to be a democracy and becomes whatever its actions display, no matter what its PR machine wants to portray to the world. People always see through the covers and know the truth because people listen with their eyes. They don’t care what you say, until they see what you do.
Democracy is defined by its three constituent institutions and by their separation; of the law makers, implementers and interpreters. Separation of the Institutions of the Legislature, Executive and Judiciary. “I am the law” or “I am above the law” are both feudalistic statements. The separation is a safety measure to ensure that the democracy always remains a democracy and can’t be hijacked to become a dictatorship as we have seen happening all over the world, even though those regimes still call themselves ‘democratic’, because that is the buzzword to use. After all, how would, ‘The Undemocratic, Dictatorial, Fascistic, Murderous, Oppressive, Apartheid Republic of So-and-so’ sound? Not nice at all. So, they call themselves ‘Democratic’, while all the rest are fringe benefits that their citizens enjoy.
The ‘Encounter Specialist’, by his action (and all those who support that action directly or by remaining silent) collapses the three Institutions of Democracy, where he becomes the lawmaker, the law interpreter and the law enforcer. He decides who is guilty and what should be done to him. By his action, he declares that mere incidentals like evidence, establishment of guilt, judicial process, criminal code, sentencing and the legal procedure to ensure justice, are all immaterial. He is the judge, jury and executioner rolled into one and by his action, hammers another nail into the coffin of democracy.The question is not whether the one killed in an ‘encounter’ was guilty or not. The question is whether justice was done and seen to be done. If we declare that the killing of one by another who considers him guilty is justice, then we have legitimized every terror killing in the world. The man who drove the truck through the crowd in France thought he was doing justice. The person who killed the three Muslim medical students in North Carolina thought he was doing justice. ISIS thinks it is doing justice. Every Israeli soldier shooting Palestinian children thinks he is doing justice. Where do we draw the line, if we choose to obliterate it in one instance?
We either draw the line and say, ‘Let the courts decide who is guilty and who is not, based on evidence.’ Or we open the doors to anarchy and civil war. It is our call. It’s the choice of civil society, to raise our voice and say what we want; what we demand from our government; justice or anarchy? The ‘Encounter Specialist’ represents anarchy. The policeman/woman who investigates a crime and brings the murderer to the gallows, represents justice. Whose side are we on? Whose side are you on? I know whose side I am on. So do you.
So, who is guilty? Those who commit murder and call it ‘encounter’, those who order it and all those who sit silently and watch it happen. All of them are equally guilty of destroying the law, destroying the nation and destroying themselves. Especially tragic is when those sworn to uphold the law and protect the innocent are guilty of violating that trust. There’s nothing more pathetic than a policeman committing murder at the behest of others. It violates and insults the uniform, the oath of office and the Constitution of India. It is the action of such of them that give a bad name to the entire force, where the term, ‘Police Martyrs’ sounds like an oxymoron. Those who really lost their lives honorably lose the honor they deserve. I remind myself that there are others who I know, who in this morass of shameless pursuit of personal wealth and pleasing political bosses, don’t even dream of sacrificing their integrity and stand, often alone, as shining lights proclaiming that honesty and truth are personal values which define us. And so, they are never to be compromised.
In the words of the song:
मझधार में नैया डोले तो मांझी पार लगाए
मांझी जो नाव डुबोये
, उसे कौन बचाए
In my view the solution is very simple. Justice. Let justice be done. Murder is a crime. It is fashionable today to call for tougher laws. The fact of the matter is that our existing law is more than good enough. Murder is a crime and its punishment is death. What more can anyone do? The issue is not with the law but with the implementation of the law. When murder done by someone special is not punished, changing the law and making it tougher is not the solution. The solution is to bring the criminal to justice, by proper investigation of the crime and collection of evidence. It is not possible for any police force to anticipate a crime of random violence. Neither is it possible for the police to prevent such crimes from happening because we have no knowledge of hidden things. The only way to be forewarned about the possibility of such crimes is through Community Policing by building trust in civil society such that the Police Force is seen as their compatriot and friend. I know that there are a few officers who are working to this end. But one incident of extra-judicial killing destroys years of trust building.
It may not be possible to prevent every crime of politically motivated random violence but it is eminently possible to investigate a crime once it happens and catch the criminals. When there is a price that the criminal is convinced he will have to pay, then he will think many times before committing the crime. Instead of that, when innocent people are killed because the police is too lazy to investigate or is subservient to others and has accepted the role of hitman, then instead of fighting terrorism, you end up creating more terrorists. An extra-judicial killing is a dream come true for the terror group recruiter. Every real terrorist killed in a staged encounter gives birth to ten more recruits. Every innocent killed in a staged encounter gives birth to a hundred. The nightmare of the genuine law enforcer is the false encounter because it closes doors of cooperation which could have prevented future crimes.
My suggestion is that given the dismal record of police investigations, it is time for civil society to launch an independent investigation into these terror crimes and encounters. We need to set up a fund to pay for a top-class investigation agency to independently investigate the crime and collect evidence. This can then be given publicly to the police to take to a conclusion. I say publicly because if the police know that there is real evidence then trying to cover up is not so easy. Criminals must be punished and not rewarded, if we are serious about fighting crime. If crime pays, criminals will flourish. If criminals start paying, crime will end. The law must be respected and applied, no matter who tries to break it.
If we do that, then we would have taken the right steps to change the script. Once the script is changed, the results will be different. It is time for us to wake up and realize that polluting the water in the lake affects all those who live in the lake. Those who sit quietly will not escape the effects of pollution.
The time has come to speak and to act if we want to bequeath a world to our children that they will not curse us for. Stand for justice. Speak for justice. Or sit silently and support the terrorist, the murderer and the oppressor.
The choice is yours. I made mine a long time ago.