Common Ground News Service – Partners in Humanity (CGNews-PiH)
March 14, 2006

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ARTICLES IN THIS EDITION:

1. A collective ijtihad for solving society’s problems by Mohammad Hashim Kamali
In the second article in a series on the role of ijtihad in Muslim-Western relations, Mohammed Hashim Kamali, Professor of Law at the International Islamic University in Malaysia, argues that a purely secular approach to issues facing the Muslim community today – terrorism, women’s rights, depictions of the Prophet Muhammad – “often fails to enlist public support in Muslim societies”. As a result, he makes the case for the “continued relevance of ijtihad, particularly of collective ijtihad, in providing solutions that are informed by the Islamic heritage and in encouraging consensus among the Muslim masses”.
(Source: Common Ground News Service (CGNews), March 14, 2006)

2. Winning the ‘War of Ideas’ through jihad by Waleed El-Ansary
Waleed El-Ansary, Assistant Professor of Islamic Studies at the University of South Carolina, considers the role of economic aid in the battle against extremism. Through a discussion of principles of Islamic theology, he draws a parallel between the struggle for one’s religion and the struggle to make a living – both considered jihad. El-Ansary concludes that “an approach to economic aid that is supported by visionary Muslim leaders who explain the fullness of the meaning of jihad to their communities, and which targets economic sectors and professions deemed attractive and needed in different cultures as opposed to the mere opening up of developing countries to the importing of the much-mistrusted ‘americana’, may well help in winning the ‘war of ideas’”.
(Source: Common Ground News Service (CGNews), March 14, 2006)

3. ~YOUTH VIEWS~ The West is hurting, not helping, moderates in the Middle East by Bill Glucroft
Bill Glucroft, a student of journalism at Emerson College in Boston, Massachusetts, argues that the reprinting of cartoons depicting the Prophet Muhammad has been very harmful to the cause of moderate Muslims: “It sanctions the ‘us versus them’ attitude and creates a perception that Islam and democracy are incompatible”. He believes that, “the recent cascade of chaos is the tragic result of a lack of options”, and suggests that “inspired, and internationally supported, modernisation” initiatives, rather than assertions of freedom of speech, may be the answer.
(Source: Common Ground News Service (CGNews), March 14, 2006)

4. Americans thirst for information about Islam by Lily Zakiyah Munir
A teacher in Women's/Human Rights and shari’a at the University of South Carolina recounts, Lily Zakiyah Munir positive exchange-experience in the United States: “by having direct encounters with individuals and organisations, we learned about religious freedom and religious life in America, how religion is protected from politics, about freedom of expression, etc”. However, she also learnt how little many Americans understand about Islam, how few Americans actually travel relative to the size of the population, and therefore how little is known about the diverse lives of individuals in other parts of the world. She outlines some of the ways she is bridging this gap of ignorance and talks about the captive audience that often greets her.
(Source: Jakarta Post, February 28, 2006)

5. Say it with movies by Claude Salhani
In considering the power of movies, Claude Salhani, International Editor with United Press International, describes how since the beginning of the war in Iraq, the 1960s film ‘The Battle of Algiers’ has been shown to selected soldiers and military officials to help them better understand “what motivates an insurgency, and how to fight in an urban environment”. He recommends an alternative film, ‘In My Country’, which touches upon South Africa's post-apartheid period, giving particular attention to the Truth and Reconciliation Commission (TRC) hearings. Rather than using film to teach war, this movie focuses on post-conflict peacebuilding: “Perhaps this is what is lacking in the Iraq war -- a vision for peace. Many politicians will agree that making war is easy; it's making peace that requires greater courage”.
(Source: Common Ground News Service (CGNews), March 14, 2006)

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ARTICLE 1
A collective ijtihad for solving society’s problems
Mohammad Hashim Kamali

Gombak, Kuala Lumpur - There are two sources of shari'a (Islamic law): revealed and non-revealed. The revealed sources of Islamic law are the Qur’an and hadith (traditions of the Prophet Muhammad and his companions), whereas the non-revealed sources consist of rationality and ijtihad. Since the revelation of the Qur’an and prophetic hadith both ended with the death of Muhammad, ijtihad assumes a vital role in the interpretation of these sources so that Islamic law keeps pace with the changing needs of society. Due to a variety of factors, ijtihad has fallen short of playing this role effectively and there is now a need for certain adjustments in the definition and methodology of ijtihad.

Ijtihad means striving or exertion by a competent scholar who is capable of deducing a rule of law from the Qur’an and hadith in response to a new issue. This activity normally requires inquiry and research into the text, rationale and objectives of the Qur’an and hadith. In the event that there is no clear evidence in these sources concerning the new issue, ijtihad may be carried out, according to a specific methodology based on the general principles of Islamic law, in order to form a new opinion. The methodology of ijtihad is developed in the science of the sources, the usul al-fiqh, which articulates rules of interpretation and a number of rational formulae for ijtihad. These include analogical reasoning, considerations of public interest, and the accepted custom of society.

The one conducting ijtihad must be knowledgeable of the sources of Islamic law and also know Arabic in order to consult the Qur’an directly. He or she must be an upright person who is well-informed about the conditions of society, with the intellectual capacity to formulate independent opinion and judgement. Ijtihad has historically remained a concern of the private jurist and no procedure was designed to institutionalise it or to identify its function within the state. Identifying a jurist and the role ijtihad might play in the legislative processes of a modern government remain unresolved issues. The current practice whereby parliamentary legislation and statutory codes regulate government action was not envisaged in the classical theory of ijtihad, which was articulated long before the advent of the nation state.

Until about 1500 CE, Muslim scholars were able to use the aforementioned processes of ijtihad to continually adapt in the face of changing conditions and new advances in knowledge. Unfortunately, about four centuries ago, as Muslim civilisation began to weaken in the face of Western advances, Muslims adopted a more conservative stance and became defensive of prevailing values. Innovation and renewal were discouraged and ijtihad declined as a result.

Ijtihad in modern times occurs in three forms: through governmental legislation; in the form of fatwas (legal opinions) and judicial decisions by Islamic judges or fatwa committees; and through scholarly writings. Modern society often presents a more challenging prospect for ijtihad compared to its medieval counterpart when issues pertaining to marriage, divorce, property and inheritance, for example, were more predictable due to the slower pace of social change. The unprecedented diversity and scope of knowledge today make it impossible for any one person to acquire the mastery of all the disciplines relevant to ijtihad. Hence, it becomes necessary to turn ijtihad into a consultative process that utilises the skills not only of jurists of Islamic law but also of experts in other disciplines with vital importance to society, such as science, technology, economics and medicine.

In addition to addressing some of society’s needs, collective ijtihad may also build a greater spirit of unity and consensus among Muslims. Although ijtihad often served, in the past, to widen the scope of disagreement more than to bring about unity and consensus, there is a great need now for unity on issues that could be addressed more effectively through ‘collective’ ijtihad and legislation.

Issues that call for attention include leadership, methods of succession, democracy, accountable governance and a resolute rejection of dictatorship. Although the twentieth century witnessed the introduction of reformist legislation on family law and women’s rights, the degree of progress varied from country to country and there remains considerable scope for innovative ijtihad on many issues. Moreover, terrorism by individuals and states and the widespread abuse of jihad all call for fresh ijtihad-oriented and consensus-based solutions. Constitutional rights and liberties, particularly in relation to freedom of religion and freedom of expression, as well as the status of non-Muslims living in Muslim majority countries, also present new challenges that require imaginative ijtihad. A purely secular approach to these issues often fails to enlist public support in Muslim societies. Therein lays the continued relevance of ijtihad, particularly of ‘collective’ ijtihad, in providing solutions that are informed by the Islamic heritage and in encouraging consensus among the Muslim masses.

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* Mohammad Hashim Kamali is Professor of Law at the International Islamic University Malaysia. Among his numerous works are: Freedom of Expression in Islam, The Dignity of Man: An Islamic Perspective and Freedom, Equality and Justice in Islam.
Source: Common Ground News Service (CGNews), March 14, 2006
Visit the website at www.commongroundnews.org
Distributed by the Common Ground News Service – Partners in Humanity (CGNews-PiH).
Copyright permission has been obtained for publication.

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ARTICLE 2
Winning the ‘war of ideas’ through jihad
Waleed El-Ansary

Columbia, South Carolina - Over eighty percent of Americans believe economic aid can play a key role in the battle against extremism. In the current climate of ‘clashing cultures’ and ‘wars of ideas’, it becomes vital that American aid to the Muslim world be smart in its approach to this matter. To do so, understanding a basic principle of Islamic theology for economic development may help.

The Qur’an, the sacred scripture of Islam, suggests that to struggle for a living is as important as defending one’s faith. The Prophet Muhammad stressed this fact when he defended a young man who went to work instead of joining a defensive battle. The Prophet indicated that working to support oneself and one’s family is striving in the way of God.

According to this view, every aspect of life is sacred. Nothing is outside of the scope of the Divine, and no aspect of life is profane, for everything is attached to God. What would seem the most mundane activity has religious significance, implying that work should fulfil a hierarchy of spiritual and other needs. It is in the nature of humanity to work, to provide for loved ones, to find satisfaction in meaningful work, so God can therefore not require us to do otherwise.

Accordingly, we can derive three purposes of work, as suggested by E.F. Schumacher, the renowned Christian economist (who was influenced by contemporary Islamic philosophers). Firstly, to provide necessary and useful goods and services. Secondly, to enable us to use and thereby perfect our gifts. And thirdly, to liberate ourselves from our own inborn egocentricity by cooperating with and serving others.

In Islam, working for any of these three objectives is considered jihad. Jihad is a much-misunderstood term which simply means ‘to strive’ or ‘to exert oneself’. Although jihad can indicate the defence of the Muslim community from invasion by foreign forces, the Prophet referred to this form as the ‘lesser’ jihad: upon returning from the battle of Badr, which had threatened the very existence of the young Muslim community, he said, “You have returned from the lesser jihad (back) to the greater jihad”. The greater jihad he was talking about is the inner struggle to integrate the whole of life around a sacred centre.

Thus work - whether it be the outer work of defending one’s country, the work of supporting oneself and one’s family, the art one creates, or the inner work of spiritual growth - can communicate spiritual truth and presence.

Violent radicalism in the Muslim world deviates from the Islamic intellectual heritage in order to thrive around an abused interpretation of jihad. With the help of Muslim community leaders and clerics, reinstating the idea that jihad encompasses the spiritual significance of physical work and not only defensive battle can play a major role in eliminating these conditions in much of the Muslim world.

This represents a major intellectual challenge, however, not only within the Muslim world but also in the West. It requires recovering the Islamic intellectual heritage largely neglected in the former and no less than a paradigm shift in the latter, where the stigma of speaking of religion and science in the same breath, with all this implies for production processes, is ignored. Fortunately, leading thinkers such as Wolfgang Smith, author of ‘The Quantum Enigma: Finding the Hidden Key’, and Seyyed Hossein Nasr, author of ‘Science and Civilisation in Islam’, are addressing this challenge, and it is hoped that others will follow suit.

An approach to economic aid that is supported by visionary Muslim leaders who explain the fullness of the meaning of jihad to their communities, and which targets economic sectors and professions deemed attractive and needed in different cultures as opposed to the mere opening up of developing countries to the importing of the much-mistrusted ‘americana’, may well help in winning the ‘war of ideas’.

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* Waleed El-Ansary is Assistant Professor of Islamic Studies, Department of Religious Studies, University of South Carolina, Columbia.
Source: Common Ground News Service (CGNews), March 14, 2006
Visit the website at www.commongroundnews.org
Distributed by the Common Ground News Service – Partners in Humanity (CGNews-PiH).
Copyright permission has been obtained for publication.

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ARTICLE 3
~YOUTH VIEWS~
The West is hurting, not helping, moderates in the Middle East
Bill Glucroft

Boston, Massachusetts - The Berkeley Beacon, the nationally renowned newspaper of Emerson College, printed in its February 16th publication the now infamous cartoon of a bomb-in-turban Prophet Muhammad. Accompanying the illustration was a staff editorial explaining the rationale behind printing the cartoon, as well as a supporting opinion article. The following week, the Beacon allowed space for rebuttal.

I am a student of Emerson College and am involved with the newspaper. Last year, I was the photography editor, and I frequently contribute to the opinion section. This year, I am not an editor, and therefore was not involved in the decision to run the cartoon.

As a journalist and a democrat, I fervently support the freedoms intrinsic to democracy. Every time I cover an assignment or write an opinion, I am acutely cognisant of the protections America’s First Amendment affords me.

But just because I have the right, is it right? In this case, the short answer is no, particularly when it harms democratic progress throughout the greater Middle East.

The few newspapers (including a handful in the Middle East) that have printed the Muhammad cartoons did so with good intentions – to spark a global debate about Islam and external perceptions of it. Indeed, cross-cultural interchange has increased, though at the cost of scattered violence.

Unfortunately, as the upheaval painfully illustrates, this is a skewed discussion. The publication and re-publication of the cartoon, although done in the name of democratic freedoms, is actually undermining them. The focus of our discussion should be on the ultimate futility of extremism and the continuing rule of despots in much of the predominantly-Muslim Arab world. Instead, the cartoons have strengthened their hand by allowing them to point to an exterior source for the troubles, both economic and social, prevailing in the Arab world.

Authoritarian rulers are experts at deflection. Knowing their own regimes lack legitimacy, these dictators masterfully channel their peoples’ simmering rage against outside entities, namely Israel, Jews in general and the West, particularly the United States. This is why even secular governments have allowed extremist groups to organise and grow, because such organisations serve as safety valves for popular discontent.

The Muhammad cartoons, much like the botched Iraq war, are evidence for the extremists’ case that democracy is not only anathema to Islam, but that the democratic West is actively seeking to subjugate the Muslim world. Thanks to such immense blunders by the West, tyrants can easily show their rule is infinitely preferable to democracy. Democracy, they can say, does not mean respect for others’ viewpoints, nor does it lead to world peace; democracies, notably the United States, attack other countries on the thinnest of pretexts.

This is, of course, pure propaganda, because religion is the only card left in the deck for unaccountable Arab governments to play. In reality, they are the enemies of Islam and they – not Israel or any other outside party – are the enemies of their people.

I commend those Muslims who are peacefully protesting as much as I condemn those who have been resorting to violence and threats. It is notable that there has been little to no violence in the United States, Europe, India (with the second largest Muslim population) or Indonesia (with the first).

Why? Because these are democratic countries with functional economies. Certainly, conditions are far from utopian (as last year’s riots in France made apparent), but in comparison to Muslims in the Middle East, those living in liberal democracies live in open societies that offer real economic opportunity for both economic success and for participation in political life. Muslims in these countries can exercise their constitutional right to protest constructively with reasonable confidence that their concerns will be, at the very least, recognised.

The world is accelerating forward and is unavoidably leaving behind energetic but unemployed Arab youths simply because Arab governments have done little to establish the systems and institutions necessary for functional societies and economic growth. That is nothing less than a formula for dangerous extremism.

The solution lies in locally-inspired, and internationally-supported, modernisation – not necessarily secularisation. The recent cascade of chaos is the tragic result of a lack of options. Rigid, hierarchical societies may have worked well centuries ago, but they do not suit today’s interdependent and incredibly competitive world.

Of course, under the unrelenting hegemony of current governments, such reform is all but impossible. Open markets and an empowered citizenry directly threaten those in power. But so does the status quo, as political gains for Hamas in the occupied territories, religious shi’ites in Iraq and the Muslim Brotherhood in Egypt demonstrate. It is clear that Arabs are crying out for change, but only extremists stand as a viable alternative.

Publishing offensive images of Muhammad only makes the Arab moderates’ mission more difficult. It sanctions the ‘us versus them’ attitude and creates a perception that Islam and democracy are incompatible. The West must tread more carefully, if ever the moderates are to succeed.

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* Bill Glucroft is a student of journalism at Emerson College in Boston, Massachusetts.
Source: Common Ground News Service (CGNews), March 14, 2006
Visit the website at www.commongroundnews.org
Distributed by the Common Ground News Service – Partners in Humanity (CGNews-PiH).
Copyright permission has been obtained for publication.

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ARTICLE 4
Americans thirst for information about Islam
Lily Zakiyah Munir

Columbia, South Carolina - More than a year after the Sept. 11, 2001 terrorist attacks, I was invited by the U.S. State Department to join the International Visitor Program (IVP) under the theme of religion. This is a public diplomacy program aimed at enhancing understanding in the international community of the United States.

The program was interesting, eye-opening and thought-provoking. We were taken to Washington DC, Massachusetts, Ohio, Texas, Utah and California, which represent the east, west, north and south of the country. By having direct encounters with individuals and organisations, we learned about religious freedom and religious life in America, how religion is protected from politics, about freedom of expression, etc. It was very effective.

In my subsequent visits to the US, with a better understanding of America thanks to the IVP, I found out how little Americans know, let alone understand, about Islam. When asked about Islam, they either knew nothing or associated it with terrorism or the Middle East.

I expressed my concerns over the matter to some American friends, and they agreed with me. Some of them told me that the majority of Americans had never left their country and did not see the need for knowing about other people. It is hard for them to imagine the diverse lives, often meaning miserable lives with a lack of access to resources, of the billions of people around the world who have been impacted by their government's or private sector's policies. Even many members of Congress, so said some friends, do not have passports and do not see the need for having a passport.

My current stay in the U.S. is different, self-fulfilling and very enterprising. Being a teacher in Women's/Human Rights and shari'a at the University of South Carolina, I have had ample opportunities to explain to my students about Islam and what its teachings are all about; what shari'a is and the debates about it; what Islamic feminism is and how Islam has sought to liberate women; what human/women's rights are in Islam and the debates about them.

I was delighted to see the smiling faces of my students after completing the course. My students and I have just completed an important task for humanity: bridging the gap between the "West" and the "Rest" (in particular Islam), which arises out of ignorance and lack of understanding.

Not only that. Another chance has arisen for me to explain about Islam to the wider public in America. Community groups, churches and business groups in Columbia, the state capital of South Carolina, seem to be ‘thirsty’ for knowledge about Islam.

In the talks I give to these groups, I emphasise three things. First, I tell the groups to distinguish between Islam and Muslims, because the attitudes and behaviours of certain people do not always reflect the Islamic message of peace, tolerance and other basic values of the religion. Second, do not automatically associate Islam and Arab. Islam is worldwide and, as a matter of fact, the largest Muslim concentration is in Southeast Asia, including Indonesia. Third, do not misperceive Islam as a religion oppressive to women.

I ask them to distinguish between Islam as a women-liberating religion and the prevailing patriarchal cultures that shape Muslims' male-biased conduct. My favourite example on this issue is myself. Wearing the hijab out of my own choice and not because of an external force, I have the freedom to do whatever I want, to travel to places I want to visit in the world, and still I have the love and support of my Muslim husband and children and my extended family and community.

Since the controversy over the cartoons of the Prophet Muhammad, Americans have become more interested in learning about the Prophet. I wrote an article portraying my loving and respectful image of him; I spoke to my students about the Prophet and why his image is not supposed to be visualised, and they listened attentively. We also discussed the cartoons from a human rights perspective, focusing on the principle of universalism versus cultural relativism, which has sparked lengthy debates and tension. In all, my encounters with Americans (and other Westerners in America) have been mutually fulfilling and productive.

I usually end my talks by inviting my audience to reflect on the reality we are facing: we have only one globe, one world to live in; there is nowhere we can escape to. We must strive to promote peaceful coexistence. Knowledge and understanding of each other will lead to appreciation and respect, which ultimately ends with friendship and love. It sounds utopian, but nothing is impossible if we have the awareness and commitment.

Concentrated efforts could be developed. The U.S. State Department, for example, could harness its public diplomacy more outwardly, promoting Americans' understanding and appreciation of other cultures, particularly Islam.

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*Lily Zakiyah Munir teaches Women's/Human Rights and shari'a at the University of South Carolina. She can be contacted at lilyzm@hotmail.com.
Source: Jakarta Post, February 28, 2006
Visit the website at www.thejakartapost.com
Distributed by the Common Ground News Service – Partners in Humanity CGNews-PiH).
Copyright permission has been obtained for publication.

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ARTICLE 5
Say it with movies
Claude Salhani

Washington, D.C. - Never underestimate the power of movies. Over the years, the magic of films have made us laugh, cry, reflect and learn. It is with the latter in mind that the U.S. Department of Defence occasionally arranges special showings of Gillo Pontecorvo's epic film, ‘The Battle of Algiers’.

Since the US invasion of Iraq exactly three years ago this month, the black and white dramatisation from the 1960s dealing with the Arab insurrection against French rule has been shown to selected officers and intelligence personnel. The aim of the exercise is to help the U.S. military better understand what motivates an insurgency, and how to fight in an urban environment.

There are indeed numerous similarities between the Algiers of 1960 and the Baghdad of 2006. Take for example the use of torture by the occupying powers; their deep frustration at not being able to crack down efficiently on terrorism; the indiscriminate use of terror against civilian and military targets by the insurgents, hoping to sway public opinion.

However, the Pentagon should consider a somewhat more recent film to show. The difference this time is that the intended public should not be restricted to the officer and intelligence corps, but is to include the Iraqi people. And it might not be a bad idea to arrange to also have the film shown in the Palestinian territories to members of Fatah, Hamas and others; and to show it in Israel; and in Afghanistan and Kosovo and other parts of the world where conflict prevails.

This film is ‘In My Country’, directed by John Boorman (‘The Tailor of Panama’, ‘Excalibur’ and ‘Deliverance’). It touches upon South Africa's post-apartheid period, giving particular attention to the Truth and Reconciliation Commission (TRC) hearings. The South African TRC was established by the Government of National Unity to help the country deal with the terrible violence that had transpired under apartheid. During that period, no section of South Africa's society escaped unscathed, with all sides – blacks and whites – turning to violence.

What the TRC hearings accomplished is unprecedented in the field of conflict resolution. The hearings, set up all across the country, brought blacks who had been imprisoned, tortured, abused and discriminated against by white police, military and vigilantes face-to-face in tribunal-like settings to air their grievances, speak the truth and forgive each other.

Those who felt they were victims of violence could come forward and be heard by the TRC. Those who committed violence could give testimony and request amnesty from prosecution, as long as they told the truth. Many hearings were carried live on national and international radio and television. The TRC was a crucial component in the transition to full and free democracy in South Africa.

‘In My Country’, a moving drama of those historic events, starring Juliette Binoche and Samuel L. Jackson, opened the Search for Common Ground 2006 Film Festival in Washington, March 6.

Nelson Mandela, South Africa's first black president, himself a victim of apartheid who spent 27 years in prison, had this to say about the film: "A beautiful and important film about South Africa's Truth and Reconciliation Commission. It will engage and influence not only South Africans, but people all over the world concerned with the great questions of human reconciliation, forgiveness, and tolerance".

Asked why the ‘miracle of South Africa’ was not replicated in other parts of the world where conflict is tearing societies apart, Derick Moyo, Deputy Chief of Mission of the South African Embassy in Washington, replied: "The leaders of South Africa were committed to finding a solution". But more importantly, he added, "They had vision".

Perhaps this is what is lacking in the Iraq war -- a vision for peace. Many politicians will agree that making war is easy; it's making peace that requires greater courage.

Whether it's between the shiites and the sunnis in Iraq, who for all intents and purposes are engaged in a conflict that has all the qualifications of a civil war but the name, or the stalemate between Israel and the Palestinian government now in the hands of Hamas, it requires courage, initiative and most of all, as Moyo, the South African diplomat pointed out, "it requires vision."

Until the leaders of Iraq, Palestine, Israel and other war-torn areas can adopt a vision similar to the one shown by post-apartheid South Africa, the officials at the Pentagon may well continue showing reruns of ’The Battle of Algiers’ rather than ‘In My Country’.

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*Claude Salhani is International Editor and a political analyst with United Press International in Washington, DC. Comments may be sent to Claude@upi.com.
Source: Common Ground News Service (CGNews), March 14, 2006
Visit the website at www.commongroundnews.org
Distributed by the Common Ground News Service – Partners in Humanity CGNews-PiH).
Copyright permission has been obtained for publication.

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The Common Ground News Service – Partners in Humanity (CGNews-PiH) provides news, op-eds, features and analysis by local and international experts on a broad range of issues affecting Muslim-Western relations. CGNews-PiH syndicates articles that are balanced and solution-oriented to news outlets worldwide. With support from the Norwegian government, and the United States Institute of Peace, the service is a non-profit initiative of Search for Common Ground, an international NGO working in the field of conflict resolution

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~YOUTH VIEWS~

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Posted by Evelin at March 15, 2006 07:53 AM