Latheef Farook
About five years ago in an article I emphasized the need to reorganize the All Ceylon Jamiathul Ulema, ACJU, to suit the need of the time. As expected the clueless community remained indifferent.
However
following the Colombo Telegraph article last month on ACJU’s statement
that women are not equal to men and defending marriage before puberty
has triggered a campaign calling for complete overhauling of ACJU with
genuine scholars.
In
its submission to several parliamentarians and other conservative
groups on proposed amendments to MMDA, the ACJU also said that “a woman
isn’t worthy of being appointed a Quazi (judge)”.
Response
was swift from Muslim intellectuals and the civil society. Women’s
Action Network, WAN, said religious leaders invoking tradition to block
fundamental rights cannot be trusted to reform MMDA .Wan called on the
State to step in to ensure that Muslim women and children are not
second-class rights holders in Sri Lanka. However WAN’s grouse is that
the MMDA is not in accordance with Fundamental rights but they do not
point out the flaws in the MMDA which are against Islam itself.
The
statement coupled with ACJU’s inaction towards reforms are a clear
indicator that ACJU cannot claim to represent the interests of the
entire Muslim community. The ACJU’s extreme and rigid position on legal
reform shows the regressive nature of their perspectives. WAN is of the
firm belief that actors who are unable to win the trust and confidence
of its own community should be disqualified from serving on a Committee
meant to usher in positive changes.
Chairman
of the Muslim Personal Law reform committee former Supreme Court Judge,
Justice Saleem Marsoof said the ACJU have acted in contravention of
the good faith reposed in them, and instead have extended all their
resources to stunt the work of the committee.
He
said “the actions by the ACJU have had an intimidating effect on the
members of the committee. ACJU’s Rizvi Mufti and Mubarak Moulavi are
members of the Committee on Muslim Personal Law Reforms headed by me
which was established by the then Minister of Justice in 2009.
A
delegation of ACJU have gone around meeting Muslim members of
Parliament and handed over various documents including working drafts
prepared by me for consideration of the Committee under
confidentiality,” he said in a Facebook post in which he called for
opinions on the reforms.
The
legal luminary, who also acted as Chief Justice further, said that the
ACJU have commenced a campaign expending all resources to curtail the
work of the committee.
“Already
jumma sermons and signature campaigns have been conducted to object to
any amendments to the MM&D Act on the purported basis that it is of
divine origin, and some members of my committee feel intimidated and may
tow the ACJU line” he said.
In
a comprehensive article columnist Ameena Hussein has given a clear
picture of the entire issue stating that ACJU appears to have appointed
itself as the sole authority to declare, the yea or nay decision with
regard to this and other reforms pertaining to the MMDA.
In
a statement signed by Prof. M A Nuhman, Prof. S H Hezbollah, Prof. M A M
Sitheeque, M M. Niyas,, Prof. M S M Anees, J Mubarak, Dr. M Z M Nafeel,
Dr. A S M Nawfhal, Dr. A L M Mahroof, J M Niwas and U M Fazil, Kandy
Forum said these changes are vital to enhance the social status of
Muslim women and the development of Muslim community.
Commenting
on the ongoing discussion Attorney at Law Dr Reeza Hameed said “The
ACJU is opposed to making any changes to the existing Muslim family law.
Rizvi Mufti has made the oracular pronouncement that the law is
‘perfect in its present state’ and required no reform. Regrettably, the
views expressed by the ACJU chief and his outfit are anachronistic and
obscurantist.
Matters
relating to Islam and Muslim law ought not to be the sole concern of
the ulema. In this comment I have touched upon some issues such as
Minimum age for marriage, Polygamy, Gender equality and public interest
in the hope that it will contribute to the debate on the need for
reform.
Insisting
on the need to reorganize ACJU on Islamic basis Farweez Imamudeen said
ACJU’s statement“ does not mention anything about altering their
previous position. In other words they are still right. How can they not
be? They are the Jammiyathul Ulama – The union of scholars. The
statement has changed nothing except to defend their infallible
president. Apparently according to the ACJU, Rizvi Mufti’s statement,
“is perfect in its present state”, and has been misinterpreted to mean
that the MMDA is perfect in its present state.
What
he really meant ‘according to the ACJU’ was, in their own words, “that
our predecessors who were involved in formulating the MMDA had taken
great efforts to make it near perfect. Of course, given the
circumstances of that period. This does not imply that there need not be
any reforms today to the Act, mainly in the administration of Quazi
court system.”
So
there you go. It was our fault. We were silly to assume that he meant
what he said. The next time ACJU makes a public statement read between
the lines.
Rizvi
Mufti is the current president of the ACJU. Thus he is considered the
highest authority in Islamic knowledge. He has been acknowledged as a
scholar undisputedly and unapologetically even by some of the most
eminent intellectuals in the island. However, the ultimate question has
never been raised; what is the credibility of the ACJU and Rizvi Mufti?
What are the criteria for scholarship to legislate in Islam, and do the
members of the ACJU meet those criteria? Are they really scholars? As an
intellectual body that is also granted the privilege to legislate, what
knowledge does the ACJU have regarding law? Can a scholarly institution
that refuses to acknowledge and accommodate female intellectuals be
trusted to demonstrate equality?
Power
in the wrong hands is dangerous and destructive. ACJU’s media statement
is nothing but a clear sign of their bigotry. It is incompetent to
assume the gargantuan responsibility of guiding a society because they
lack both ethics and knowledge.
My
intention here is to expose the ACJU’s lack of knowledge in the basics
of Islamic jurisprudence, and the understanding of the purpose of
Islamic law which they have demonstrated time and time again. Here’s one
of many instances where ACJU wrenched off their illusive scholarly
garb, and exposed their ignorance and incompetence.
ACJU
is an organization that is run by a group of individuals who claim to
have attained scholarship in the sciences of Islam. However, as we have
seen they fall way short of the basic qualifications that are required
to legislate. Public interest or Maslaha as we have seen is an important
principle in Islamic jurisprudence. How can a group of scholars who
seem to be devising laws be oblivious to, and ignorant of such a basic
principle? How can they be granted authority to represent a community?
However
ACJU cannot be held entirely accountable for this fiasco, for the
Muslim intellectual community including those who claim to be moderates
have remained silent critics throughout this great tragedy. They have
seen and heard how the ACJU has been misrepresenting Islam, their
bigotry and ignorance, yet they have abstained from criticizing the
ACJU, from making them accountable for their irresponsible behavior, and
they seem to not care about a viable alternative.
It
is high time that we come to terms with the fact that the ACJU is not
really a ‘Jamiyyatul Ulama’ – Union of scholars. We should be appalled
by the realization that the Muslims of this country are represented by a
group of people who have not the basic knowledge in Islamic
jurisprudence. Change does not happen until those who are hungry for it
make some noise. The ignorant have an excuse to be ignorant, but the
sane have none to be silent.
Rizvi
Mufthi has been the Chairman of the ACJU for over 17 years- several
allegations of being elected under questionable circumstances. During
his period ACJU was turned into a “one man show” and no one dare
question him.
There
has been criticism from several sections of the community on Mufthi
Rizwe dragging ACJU into politics, wide spread allegations of hob
knobbing with shady businessmen, amassing wealth exploiting his
position as ACJU president, lack of freedom for ulemas, inaccessibility
to ordinary people, frequent unwanted travel abroad, links to foreign
missions in Colombo and serving petro dollar Islam and not the Islam
left to Muslims worldwide by our beloved Prophet Muhammad (PBUH) and
many more.
The
sickening state of affairs made some to suggest the establishment of a
new body of respected and recognized scholars. For example columnist
Bisthan Batcha said; “Radical changes need to be made and purge
undesirable elements within the ACJU before the community can expect
this a body to issue fatwas that are compatible with the new contextual
environment. Alternatively, the Ummah has to ask itself as to whether
the time is opportune to launch a new parallel body of Islamic Scholars
to offer the community religious guidance in the third millennium in
Sri Lanka. After all the Ummah are not obliged by law to follow the
edicts of the present ACJU are they?
Muslim
community in the island is facing immense problems threatening its very
existence. International forces, especially Zionists, US, UK and Indian
intelligence, RAW, are here with their anti-Muslim agenda. So called
Yahapalanaya government, elected to power with Muslim votes, has rolled
red carpet to these forces and suspected to be hand in glove with
them. They are suspected to be instigating Sinhala racists who started
raising their heads again while the government seems to be turning blind
eye.
Muslim
politicians are corrupt and sell outs. Muslim civil society is
disorganized. Under such circumstance the community cannot afford to
have an ACJU with a medieval mindset serving various vested interests.
