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Article 3 Policing Public Morality in Modern Muslim Societies: ‘Religious Police’ in Saudi Arabia, ‘Islamic State’ and Aceh

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Article 3 Policing Public Morality in Modern Muslim Societies: ‘Religious Police’ in Saudi Arabia, ‘Islamic State’ and Aceh Article 3 Policing Public Morality in Modern Muslim Societies: ‘Religious Police’ in Saudi Arabia, ‘Islamic State’ and Aceh Kenichiro Takao PD Research Fellow, Japan Society for the Promotion of Science The Research Institute for Languages and Cultures of Asia and Africa, Tokyo University of Foreign Studies I. Introduction modern state and Islam are related. However, it does discuss these matters insofar as they relate to the forces Across many different regions of the world and that are currently seeking to establish sharī‘a-compliant periods of history, one can find countless examples of government. thinkers and political forces calling for the imposition In this article, I use the phrase ‘sharī‘a-compliant of ‘Islamic rule’ or the formation of an ‘Islamic society.’ rule’ to refer to the policing of morals, or the From the medieval jurist T4 aqī al-Dīn Ah4 mad ibn enforcement of public morals by ‘religious police.’ Taymīya (1263–1328) to the Muslim Brotherhood ‘Religious police’ monitor whether members of the that emerged in 20th-century Egypt, to the Islamic public are adhering to Islamic rules and standards of militants of today, the examples are diverse and far- behaviour. If they identify non-compliance, they will ranging. However, they all have one thing in common: advise or admonish the offender and, if they deem it they tout the slogan of ‘sharī‘a-compliant rule.’ But necessary, investigate or detain that person. Religious the question that we must carefully consider is: what police have an essential role to play in a ‘sharī‘a- exactly do they mean by ‘sharī‘a -compliant rule’? compliant rule’ in that they help form and maintain a In Islam, sharī‘a refers to those precepts of the public order that is based on Islamic values. Islamic sources: the holy Qur’ān and Sunna, custom It should be noted that the organisations and practice based on the verbally transmitted record charged with such moral policing do not self-identify of deeds and sayings of prophet Muh4 ammad (570?- as ‘religious police’. ‘Religious police’ is a moniker 632), that concern daily life, whereas fiqh describes the frequently used by non-Muslims, and it is often process of deriving specific rulings from such precepts. associated with stoning and caning. Thus, although However, in Western languages, both sharī‘a and fiqh it is widely known that religious police forces exist, are sometimes expressed by the term ‘Islamic law’. little is known about their operations or how local Consequently, sharī‘a tends to be classified as a type populations perceive these forces. Accordingly, I aim of man-made (as opposed to divine) law, making it no in this article to outline the features and issues with different from what we would generally recognise as religious police and their moral policing through the ‘national law’ (a body of laws prescribed by a modern lens of today’s Muslim societies. The countries and nation-state). Under such classification, ‘sharī‘a- regions with institutionalised religious police forces compliant rule’ would presumably mean a situation in all share a similar background: during the rise of a which a nation-state has instituted a body of national new state or a political or social reform, the emerging laws that favours Islamic values. This article does not state institutions set their sights on the creation of an directly concern itself with how sharī‘a is understood Islamic society. As such, religious police are deemed and framed around the world today, or how the to have an essential role in society, at least in theory. 4 Journal of Islamic Area Studies Vol.11 How warmly they are viewed by the local population is According to Cook, the aspect of the case that the another matter. I will explore the ambivalent character newspapers considered newsworthy was not the rape of the religious police in each society. itself but the conduct of the onlookers. The reports implied that their conduct was shameful and assumed that readers would react with indignation. In other II. Ideological and Historical Background words, the assumption was that the witnesses had a duty to intervene and prevent the reprehensible act. 1. ‘Promotion of Virtue and Prevention of Vice’ Having related this incident, cook then describes First, I will outline the ideological and historical Islam’s ‘promotion of virtue and prevention of vice’ as background of religious police. The most important ‘both a name and a doctrine for a broad moral duty of concept underpinning religious police and their this kind [Cook 2000: xi].’ operations is the Islamic requisite to ‘promotion of virtue and prevention of vice’ (Ar: al-amr bi-l- 2. H4 isba and Muh4 tasib ma‘rūf wa-n-nahy ‘an al-munkar). This tenet is most I discuss three religious police forces in this commonly attributed to the following verse of the article, all of which are in Sunni countries or regions. Qur’ān: The first example is the religious police of Saudi Arabia; the second is the religious police of the And let there be among you a community promoting ‘Islamic State’ (ISIL); the third is the religious police virtue, and advocating righteousness, and preventing in Indonesia’s Aceh province. In line with classical 1 vice. These are the successful. Sunni Islamic studies, Sunni Muslims have attempted to institutionalise ‘promotion of virtue and prevention There is also a famous h4 adīth, records of Sunna: of vice’ as part of the doctrine of h4 isba. H4 isba originally meant ‘arithmetical’ or ‘sum’. Over the years, it came Whoever among you sees vice, let him change it with to mean the reward one might expect to receive from his hand; and if he is not able to do so, then [let him God in the hereafter in return for virtuous deeds done change it] with his tongue; and if he is not able to do in this life [al-Sabat 1995: 28; Shaykh 1996: 9]. Based so, then with his heart — and that is the weakest of on this line of thought, h4 isba became a doctrine that 2 faith. obliges rulers to facilitate good deeds and encourage the people to follow Islamic principles. The most This h4 adīth gives vital insight into the meaning famous classical source for h4 isba comes from al-Ah4 kām of requisite in order to understand ‘promotion of virtue al-sult4 ānīya (The Ordinances of Government), which was and prevention of vice’ for Muslims. According to the the chief work of ‘Alī ibn Muh4 ammad al-Māwardī h4 adīth, ‘promotion of virtue and prevention of vice’ is (975–1058), a jurist from the Abbasid Caliphate period 3 not about a Muslim’s personal, inward faith. Rather, (750–1517). al-Ah4 kām al-sult4 ānīya defines h4 isba as it is a prerogative for outward action, to actively follows: intervene in the lives of others. In his prominent work on promotion of virtue The term “hisbah” refers to commanding what is good and prevention of vice, Michael Cook makes an when it is being neglected, and to forbidding what is intriguing reference to a rape incident that occurred bad if it is being practiced [Al-Māwardi 2000: 337]. in 1988 in Chicago [Cook 2000: ix-xi]. Reports of the incident described how numerous people stood This definition corresponds almost perfectly by without responding to the woman’s cries for help. with that of ‘promotion of virtue and prevention Policing Public Morality in Modern Muslim Societies ｜ Takao 5 of vice.’ Needless to say, the basis for determining The individuals charged with supervising public whether something is ‘good (virtue)’ or ‘wrong (vice)’ order were called muh4 tasib. According to al-Māwardī, is whether it accords with God’s teachings. It is then muh4 tasib is freeman, rather than slaves, and they are up to (Muslim) humans to determine whether to freeman, just, of sound judgement, firm and severe in ‘enjoin’ or ‘forbid’ that thing. Thus, according to this the religion, and clearly aware of what evil behaviour perspective, ‘promotion of virtue and prevention of is [Al-Māwardi 2000: 337-338]. Muh4 tasib was tasked vice’ is about actively shepherding other people’s with monitoring whether Muslims were behaving in behaviour. accordance with sharī‘a (i.e., in accordance with the This concept was given further clout by Ibn behavioural standards set in the Qur’ān and Sunna) Taymīya, a jurist from the Mamluk Sultanate period [al-Shayzarī 1999]. They were particularly known (1250–1517). Ibn Taymīya introduced a doctrine of for their role in ensuring fair market transactions, as governance with ‘promotion of virtue and prevention suggested by the fact that their name also signified of vice’ at the core. In his work on h4 isba, Ibn Taymīya ‘market supervisor’ [Stilt 2011: 39]. It is no surprise, stated the following: then, that the Encyclopaedia of Islam’s entry for h4 isba focuses for the most part on the muh4 tasib and their If the whole of religion and all authority is a matter market role, while making only a cursory mention of of ordaining and forbidding, the ordaining with h4 isba’s meaning in terms of ‘promotion of virtue and which God sent His Messenger is the ordaining of prevention of vice’ [Ansari 1986: 485-493]. what is proper and the prohibition with which He In the modern age, the focus of muh4 tasib’s duties sent him is the prohibition of the improper. This is shifted to conventional trade law and public security— the characteristic of the Prophet and the Believers… matters that fell within the purview of secular law and This is a duty incumbent on every able Muslim.
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