Contents V Friedrich-Ebert-Stiftung in Southeast Asia Vii Editorial Axel Schmidt

Contents v Friedrich-Ebert-Stiftung in Southeast Asia vii Editorial Axel Schmidt

1 Islam, International Peace and Security The Honourable Abdullah Ahmad Badawi

9 Europe: Muslims and the Secular State Mathias Rohe

27 The Secular Nature of Law in Islam: A Basis for Democracy Mohammad M. Shabestari

33 The Evolution of the European Secular State Donald Sassoon

43 Multiculturalism and Christian-Muslim Dialogue Syed Farid Alatas

53 Multiculturalism in Malaysia and Europe: Creating or Nurturing the Middle Ground? Fazil Irwan

63 Amity and Enmity: Is Europe Ready for Multiculturalism? Yeo Lay Hwee

69 ‘Islam Hadhari’—a Model for Islamic Countries? Patricia A. Martinez

85 Social Democracy—Not Only in Europe Thomas Meyer 97 Conference Summary Pauline Puah

iii Friedrich-Ebert-Stiftung in Southeast Asia

Friedrich-Ebert-Stiftung has been present in Southeast Asia for more than 30 years. Its country offices in Bangkok, Jakarta, Manila and Hanoi have been active in implementing national cooperation programmes in partnership with parliaments, civil society groups and non-governmental organizations, academic institutions and ‘think-tanks’, government departments, political parties, women’s groups, trade unions, business associations and the media.

In 1995, the Singapore office was transformed into an Office for Regional Cooperation in Southeast Asia. Its role is to support, in close cooperation with the country offices, ASEAN cooperation and integration, Asia-Europe dialogue and partnership, and country programmes in Cambodia and other ASEAN member states where there are no Friedrich-Ebert-Stiftung offices.

Its activities include dialogue programmes, international and regional conferences (e.g. on human rights, social policy, democratization, comprehensive security), Asia-Europe exchanges, civil education, scholarship programmes, research (social, economic and labour policies, foreign policy) as well as programmes with trade unions and media institutes.

Dialogue + Cooperation is a reflection of the work of the Office for Regional Cooperation in Southeast Asia of Friedrich-Ebert-Stiftung in Singapore: it deals with ASEAN cooperation as well as the Asia- Europe dialogue.

! Dialogue + Cooperation will tell you about our activities in Southeast Asia by publishing important contributions to our conferences and papers from our own work. ! Dialogue + Cooperation will contribute to the dialogue between Asia and Europe by systematically covering specific up-to-date topics which are of concern for the two regions. ! Dialogue + Cooperation will be an instrument for networking by offering you the opportunity to make a contribution and use it as a platform for communication.

Head of Office: Axel Schmidt

Address: 7500A Beach Road #12 - 320/321/322 The Plaza Singapore 199591 Tel: (65) 62976760 Fax: (65) 62976762

E-mail: [email protected]

Web site: http://www.fesspore.org

v Editorial: Dialogue + Cooperation 1/2006

Dear Reader,

In 2002 the Friedrich-Ebert-Stiftung Office for Regional Cooperation in Southeast Asia initiated the Asia-Europe Dialogue of Cultures by connecting academics, policy makers, religious scholars, representatives from international institutions and civil society from east and west. The objectives of this ongoing dialogue are:

■ to overcome cultural misunderstandings between the different civilisations in Asia and Europe and to deepen mutual understanding about problems and conflicts on both sides, their multiple cultural, political, socio-psychological, social and economic causes, as well as their anti-democratic, xenophobic, aggressive and violent expressions; ■ to try to define common ground that allows civilisations in the east and the west to live together peacefully and at the same time enables them to remain ‘different’; in other words, to think about how to avoid clashes within civilisations and clashes between civilisations on the basis of common values, such as democracy, pluralism, equality, trust and responsibility.

The 9/11 event gave Samuel Huntington’s controversial prophecy of ‘the clash of civilisations’ new prominence. Therefore, the first Asia-Europe Dialogue of Cultures, held in Singapore in September 2002, examined the legitimacy of Huntington’s theses and came to the conclusion that externalised clashes within civilisations are at the root of what, in a globalised world, many perceive as a clash of civilisations.

When one participant in the dialogue argued that ‘the real clash is between tradition and modernity within every civilisation’, his remark was taken as a lead for the second Asia- Europe Dialogue of Cultures, which the Friedrich-Ebert-Stiftung convened in March 2004 in Berlin. At the end of the second meeting, the participants concluded that tensions between ‘tradition’ and ‘modernity’ are a necessary condition for development and that ‘culture’ is not static but constantly changing. Whereas Asia and Europe share similar problems with regard to these tensions, they seem to be less controversial in Europe than in Asia due to a historically longer modernisation process. The participants called for a continuation of the dialogue and suggested as subject ‘the concept of justice in Asian and European cultures’ as a potential source for peace or conflict in or between civilisations.

When I took over our regional office in Singapore in February 2005, I inherited from my predecessor, Norbert von Hofmann, the task among others of preparing the third Dia- logue of Cultures. This proved a challenge. The topic, ‘the concept of justice in Asian and European cultures’, suggested at a first glance that there might be different concepts.

After a lengthy research of the relevant legal, philosophical and theological literature, I felt somehow lost. Instead of enlightened, I had become more confused, and I wondered how to conduct a conclusive dialogue about justice and more specifically a dialogue about justice in different cultures. Then I discovered that I had embarked on my research with the wrong question. I read the literature with ontological lenses to find an answer for vii ‘What is justice?’. My question about the nature, the essence, the very being of justice led nowhere. However, when I started to ask ‘How do people perceive justice, how do they concretise and organise justice in daily life?’, I opened a door to a myriad of answers. I had found common grounds for a cross-cultural dialogue about justice since justice is linked to political and legal systems, to belief and ideology as well as to human and social interaction. The concept for the third Asia-Europe Dialogue was born.

Furthermore, I discovered another phenomenon. Islam from its very beginning has seemed to be more concerned about justice than other religions. From my cursory reading of relevant Christian literature—and with due respect to some mediaeval and modern scholars—I had the impression that the theological discussion about justice somehow lost steam when Christianity became the state religion in the Roman Empire in 380 A.D. Therefore, I took the liberty to focus the third Asia-Europe Dialogue on Islam.

To evoke debate, I choose some subjects where I personally saw inconsistencies, contradictions or conflicts, either in the relationship between state and religion as organisers and ‘guardians of justice’ or between ideology and reality. I admit that I composed the programme of the third Asia-Europe Dialogue in a somewhat eclectic manner and that it resembled more a construction site than a perfect monument. Nonetheless, it provided for sufficient time and space so that the participants could scrutinise, accept, reject or rear- range the different ‘building materials’ I had delivered to them.

The current edition of Dialogue + Cooperation presents some selected papers, essays and discussions from the dialogue. Additionally, a speech of Malaysian Prime Minister Abdullah Ahmad Badawi has been included, which he delivered in Berlin on the occasion of his state visit to Germany in May 2005. Since it inspired to a certain extend the third Asia-Europe Dialogue of Cultures on ‘How do we shape a more just world?—Exploring some concepts of justice in Asia and Europe’, and since the dialogue was convened in Kuala Lumpur, Malaysia, I felt it to be more than appropriate to give Prime Minister Abdullah Ahmad Badawi’s speech a prominent space in this issue. I would like to express my gratitude to the Office of the Prime Minister for the kind permission to reprint his speech in full, without changes or editing.

Justice is translated into reality through laws. Nowadays it is the constitutional state that claims the power to make and enforce laws through its government. One may assume that, in a state with a culturally and religiously homogeneous society, there are fewer conflicts about individual and collective rights than in a state with a culturally and religiously heterogeneous population, in particular if these different cultures or religions claim the application of their own legal norms and practices. In Europe, religion and state are in principle separated. However, there is a lively debate about a partial autonomy for Muslim communities in matters of family law or the right to display religious symbols in public institutions. Can the European secular state, in terms of fairness, allow the co-existence of legal orders? In his paper, the German law professor and judge at the Court of Appeal of Nürnberg, Mathias Rohe, points out how Muslims in Europe and particularly in Germany can pursue their religion. Only the secular state under the rule of law, he argues, can enable the freedom and plurality of religion and personal convictions. Even more, German courts may under certain circumstances apply Islamic rules in their decisions. viii The Iranian revolution of 1979 established an Islamic state which prescribes in its constitution that all laws and regulations must be based on Islamic criteria. In recent years, there has been a growing debate in Iran about the separation of religion and state and about democracy as the conditio sine qua non for a prospering Islam. Iranian theologian Mohammad M. Shabestari, whose scientific work in Islamic jurisprudence has substantially contributed to this debate, argues in his paper that Islam and democracy can be reconciled. With a hermeneutical approach, he unveils the secular nature of Islamic law. In his opinion, this very nature provides Muslims nowadays with the theoretical possibility of reforming their legal system and establishing democratic secular states.

Considering how inter-faith or inter-civilisational dialogue has become fashionable in recent years, one might gain the impression that the two universal religions, Christianity and Islam, have rarely interacted in the past. In his paper, Malaysian sociologist Syed Farid Alatas traces the Christian-Muslim dialogue back to mediaeval times and shows us how Muslims influenced the establishment of institutions of higher education in the Christian world.

In its self-perception, Europe views the separation of state and church as a fait accompli and takes the freedom and plurality of faith for granted. In his paper, British historian Donald Sassoon takes stock of the state of secularism in Europe. Contrary to common belief, he finds that in Europe secularisation is a recent process which is not at all uniform.

Immigration from Africa and Asia has transformed western Europe in the 20th century into multicultural societies. Although many European states provide for certain multicultural accommodations, the ‘autochthones’ still view their national societies as centred on mono- cultural norms, whereas the ‘allochthones’ segregate and are being segregated into ethnic and/or cultural ‘ghettos’. The murder of Dutch filmmaker Theo van Gogh in Amsterdam in 2004, the Madrid bombing in 2004 and those in London in 2005, all undertaken by immigrants or by children of immigrants, alleged to be Islamic militants, have triggered in Europe a heated debate over the desirability or practicability of a multicultural society. Oscillating between calls for national unity, recognition of ‘European values’ by minority groups or restriction of immigration on the one side and better integration, claims for cultural diversity and equal opportunities on the other side, the debate illuminates that multicultural western Europe suffers from identity problems. Furthermore, western Eu- rope seems to have reached a stage in which parts of its societies seek remedies for objective discrimination or felt injustice through massive violence. These phenomena evoke the question of the constitution of west European civil society. Who belongs to it? How are the boundaries defined between ‘us’ and ‘them’? How rigid are they?

By virtue of history or colonial rule, south-east Asian societies are multicultural. However, in terms of ethnic groups, beliefs, religions and value systems, they seem to be far more complex than western European societies. They are not free from tensions, and the reactions of minorities to discrimination range from uneasiness to open violence. How does south-east Asian civil society define its members? How does it draw the boundaries between the ‘in-group’ and the ‘outsider’? Are the boundaries in south-east Asia more porous than in western Europe?

The controversy over the cartoons of the Prophet Muhammad published by a Danish

ix newspaper in late 2005, causing condemnation and uproar in Islamic countries, gives political scientist Yeo Lay Hwee the opportunity for a philippic against the, alas, so liberal Europe. As a global citizen with domestic ties to Denmark and Singapore, she excavates the roots of some current problems: half-hearted immigration and integration policies in Europe, double standards, discrimination and the striving for western cultural hegemony.

Malaysian political scientist Fazil Irwan looks into the ‘mismanagement of cultural heterogeneity’ from a different angle. In the case of Malaysia, with its Muslim Malay majority and its non-Muslim Chinese and Indian minorities, the inter-ethnic tensions result from Malaysia’s contradictory nation-building process. Founded on Islam as the state religion and on Malay culture as the dominant one, Malaysia seems to have fortified intra-national ethnic boundaries instead of dissolving them and to have established Muslim Malays as an exclusive group. On the premise of a ‘non-ethnic non-religious state as the fundamental criterion for a multi-cultural society’, Fazil Irwan offers an alternative reading of Islam. Through the exegesis of some Arabic and Islamic key notions, he tries to lift the barrier between ‘Muslim’ and ‘Dhimmi’ (non-Muslim) and to overcome the ‘ethnic divide’ in Malaysia.

Globalisation, ‘unleashed’ market forces and ‘libertarian’ democracy seem to have become the idols of the new millennium. Propagated by a conservative US policy, they have caused uneasiness and fears of economic, cultural and political domination in other parts of the world. However, alternative programmes for governance seem to emerge.

In Asia, Malaysian Prime Minister Abdullah Ahmad Badawi promotes his vision of ‘Islam Hadhari’, roughly translated as ‘Islamic civilisation’. The basic principle of this vision is the combination of social and economic development with Islamic ethics. His political project aims at economic competitiveness and social stability and national development that also take the individual into account. According to Abdullah Badawi, his political project is compatible with modernity, democracy and diversity. In her paper, Patricia Martinez, a Malaysian scholar in comparative theology, reflects upon the genesis of Islam Hadhari and places it in the current political context of Malaysia. With a note of caution, she gives Prime Minister Badawi credit for Islam Hadhari as a viable project for Malaysian society.

The appreciation of shareholder ‘values’ of some few individuals indebted to the general public and the crisis of the European welfare state have induced the social democratic movement in Europe to reconsider its position and to counter those values with a comprehensive political project that aims to rebalance rights and obligations in a globalised world. With his ‘theory of social democracy’ matured in years of empirical research and academic production, German scholar Thomas Meyer takes a stand against the current tide of ‘free market radicals’. Not only for reasons of justice but also for reasons of effectiveness, Meyer argues in his paper for more state responsibility in shaping social structures, regulating the economy and conducting redistributive policies in order to implement the basic values of freedom and justice.

The ‘mission impossible’ to record all the vivid debates around the various papers was assigned to Malaysian journalist Pauline Puah. In her conference summary, she has captured the salient arguments brought forward by the participants. x All papers and statements reflect the opinions of the individual authors. The Singapore Office of the Friedrich-Ebert-Stiftung would like to express its sincere appreciation to all contributors to this issue.

The Editor Friedrich-Ebert-Stiftung Office for Regional Cooperation in Southeast Asia

xi Islam, International Peace and Security Islam, International Peace and Security

Speech by the Honourable Abdullah Ahmad Badawi, Prime Minister of Malaysia, at the Bertelsmann Foundation, Berlin, 18 May 2005

More than 2,000 years ago, the Athenian the secretary general of the United Nations historian Thucydides had already warned in his report to the heads of state and mankind that belief in the inevitability of government members of the United conflict can be one of its main causes. Nations for their summit meeting in New Regrettably, it seems to be in vogue today York in September 2005. to talk about an inevitable clash of civilisations between the Islamic world and We must not be swayed by the the West. Quite clearly, it is now the duty doomsayers. Those who insist on the of all people of goodwill to come forward inevitability of a clash of civilisations are and take steps to prevent this idea from people who have lost trust in the rationality becoming a self-fulfilling prophecy. of the human person. This may be an extreme view in itself. It may be true, as The twentieth century was indeed very the saying goes, that guns do not kill but bloody. Over 100 million people perished people do. Therefore, when speaking in armed conflict. Political violence claimed about religious extremism, we must also another 17 million human lives. For this accept the fact that no religion preaches twenty-first century, I hope we can be more extremism or violence. It is only the optimistic. However, if the past few terrorists who perpetrate heinous crimes. decades are any indication, I fear that we The point is that no one should be may have insufficient cause for optimism. pointing their fingers at the ascendancy Violent conflicts within national borders of religions throughout the world as the have continued to take place. Armed cause for the rise in extremism and conflict between nation states has continued animosity between peoples. We should not to happen. One thing is certain. The forget that in many parts of the world, we capabilities of inflicting destruction have have seen cases where religion at the hands become greater. Humankind can yet undo of progressive activists has been used to itself in this century. liberate, rather than oppress, societies.

For the nation states of the world, it should Nonetheless, extremism and radicalism be quite obvious that there is actually no have indeed become a scourge in many alternative but to seek and establish a world parts of the world. They must be order that is peaceful and secure. In a condemned when they are manifested in globalised international environment such the form of terrorism. However, it is not as it is today, no country can be totally justifiable to associate terrorism with any immune to the effects of conflicts even if particular race or religion. Throughout they occur far way from their geographical history, all religions and races have had borders. Furthermore, in today’s world, no their respective share of terrorists. The state, however powerful, can protect itself religious wars of Europe, for instance, had on its own. This is stated by no less than less to do with questions of faith and belief 1 Dialogue + Cooperation 1/2006

and more to do with political power and One of the most important foundations for the contestation over it. creating a stable international world order is the prevalence of stability within national We need to point out that terrorists who societies and nation states. In turn, it is commit crimes in the name of Islam are my firm belief that good government is key violators of the tenets of Islam. They to stabilising national societies and nation certainly do not serve the interests of the states. religion. Islam and Muslim countries should not be made accountable for them. I have been informed that there is much Muslims as well as non-Muslims must also interest about the Islamic dimension to all not fall prey to the confusion created by of this. It cannot be denied that Islam has people who carry out dreadful deeds and become an increasingly powerful later claim them as a religious Islamic imperative for Muslims to act today. obligation. Terrorists must be singled out Muslims find it compelling and obligatory only by their acts of terror and nothing else. to act in the name of God and for the sake of the religion. Sadly, this great The fight against international terrorism imperative has resulted in actions that Islam must be an international effort, preferably prohibits and condemns. Killing innocent under the banner of the United Nations. people and bombing harmless targets are There must be unity in our approach and all acts that have been wrongfully committed sincerity in our determination to fight and in the name of God. eradicate it completely from our daily lives. But, the fact remains that in order to defeat It demonstrates, however, how powerful the enemy, we must first know the enemy. an imperative religion can be. In Malaysia, We must find and identify the root causes we believe that this compulsion to act of terrorism. because of religion can be directed towards good, towards progress, towards Malaysia has, in the past, fought a long development. We call this approach Islam war against subversives who used terror Hadhari, literally civilisational Islam, or an tactics to intimidate the population and approach towards a progressive Islamic overthrow the government. The terrorists civilisation. Islam Hadhari is definitely burned houses and rubber factories, consistent with the objective of creating a derailed trains, ambushed passenger buses, stable international world order. attacked police stations, murdered innocent people and generally struck fear into the It is not an approach to pacify the West. It daily lives of the population. It took us some is neither an approach to apologise for the 20 years to finally defeat the terrorists and perceived Islamic threat, nor an approach secure a formal surrender. to seek approval from the non-Muslims for a more friendly and gentle image of Islam. The important lesson to be learned from It is an approach that seeks to make the Malaysian experience is the fact that the Muslims understand that progress and war was not won by the use of conventional development are enjoined by Islam. It is military force alone. We secured victory by an approach that is compatible with psychological warfare as much as we did by modernity and yet firmly rooted in the noble military action. We won the hearts and minds values and injunctions of Islam. It of the people. It is on the basis of this emphasises the importance of appreciating documented success that Malaysia has been the role of science and reasoning in the calling for an understanding of the root lives of Muslims, just as it is important to causes of terrorism. understand the laws of Islam and its 2 Islam, International Peace and Security traditions. It is an approach that values an open country that is committed to substance over form. defending the dignity of the human person and devoted to fostering peace and goodwill Islam Hadhari posits 10 fundamental among nations. principles which Muslim countries must demonstrate, namely: Today, I speak also as the chairperson of the Organisation of Islamic Conference ! First, faith and piety in Allah; (OIC), a grouping of 57 countries, ! Second, a just and trustworthy representing three continents, namely Asia, government; Africa and Europe. ! Third, a free and independent people; ! Fourth, a vigorous pursuit and mastery Malaysia chairs the OIC at a critical juncture of knowledge; for the Muslim world. I believe that there ! Fifth, balanced and comprehensive are an increasing number of Muslim economic development; countries in the OIC that recognise the ! Sixth, a good quality of life for the shortcomings and failures in the Muslim people; world. Some are embracing the initiatives ! Seventh, protection of the rights of towards good governance and an minority groups and women; intellectually more open and vibrant ! Eighth, cultural and moral integrity; ummah. But these steps cannot be taken in ! Ninth, safeguarding natural resources isolation nor can they only fall upon and the environment; Muslim countries. Reforms in the Muslim ! Tenth, strong defence capabilities. world must be accompanied by visible and meaningful changes to the foreign policies These principles are acceptable to our non- of key Western countries, including their Muslim population or for that matter, to support for the policies of certain of their our non-Muslim colleagues in the Malaysian friends. government. With these principles to guide us, with our consistent and continuing There are many priorities to consider, but record of improving governance for the Islam Hadhari places a high premium on people, and by practising and observing a the ability of the government to provide high commitment to public accountability, educational opportunities and on the Malaysia offers a modest working model capability of the people to have access to of renewal, reform and perhaps, education. Indeed, the prominence given renaissance in the Muslim world. We do to education is nothing new in Islamic not pretend that Malaysia has all the answers civilisation. In the 10th century, Baghdad to the many problems of the Muslim world. had some 300 schools. Alexandria in the We are also aware that different countries 14th century had 12,000 students. need different solutions to their problems Universities such as Al-Azhar were but I do believe that Malaysia can be a established long before those in Europe. showcase of what it is to be a successful, modern Muslim country. Today, the acquisition of knowledge is key to elevating the poor from poverty. This is the fifth occasion that I have spoken Furthermore, science and technology, as about Islam Hadhari to a mainly non- well as research and development, are key Muslim audience, in a non-Muslim country. to uplifting countries and nation states to I do so today because Germany abides by become developed and modern entities. the culture of readiness to give others a Education and the power of knowledge is hearing and because I consider Germany the greatest equaliser among individuals in 3 Dialogue + Cooperation 1/2006

society and the greatest leveller that can I have always stated that the approach of bridge the divides among the nation states Islam Hadhari would bring excellence, in this globalised world. distinction and glory to all Malaysians, Muslims and non-Muslims alike. The eradication of poverty is a high priority of Islam Hadhari. In this Underlying the whole message of Islam connection, I have called upon the richer Hadhari is a call for tolerance towards Muslim countries to take the lead in people of other faiths, in accordance with providing assistance to the poorer members God’s injunctions: for you your religion, for under a new ‘Capacity Building me my religion. In Malaysia, we have Programme for OIC Countries’, which was succeeded in bringing about nationwide launched in Malaysia earlier this year. The cooperation between the different ethnic immediate purpose is to generate income groups who profess different religions. This and provide employment. The longer term is the result of a common realisation by all objective is to assist these OIC countries Malaysians of various races and various in upgrading their governance and faiths that there is really no alternative for development efforts. us but to maintain inter-communal and inter-religious peace through dialogue and We in Malaysia feel that we are well placed cooperation. We have succeeded in forging to begin this journey of reform and renewal. a common national purpose through a This is because we can and should build system of power sharing in the government. upon the tolerance we already observe and It is a system of governing that upholds the inter-faith co-existence which we the principle of decision making by already practise in Malaysia. We would like consensus, so that the representatives of to show by example that a Muslim country the minority in the government are never can be modern, democratic, tolerant and marginalised or outvoted. This is perhaps economically competitive. Islam certainly one of the greatest strengths of democracy does not enjoin us to turn our backs against in Malaysia which has worked ever since the rest of the world. In fact, Islam teaches we achieved independence in 1957. The us to find success not only in the hereafter coalition government of 13 political parties, but also in this world. which represent different ethnic groups with different religions, and which has been We are confident that Islam Hadhari can in power in Malaysia since 1957, is the help bring Muslims into the modern world embodiment of tolerance in the pursuit of and integrate them in the modern economy. our national objectives. Ethnic and religious Islam Hadhari promotes tolerance and diversity had not been a liability for the understanding, moderation and peace, and country. In fact, we celebrate this diversity certainly enlightenment. I might add that as a valuable national asset. It provides for Islam Hadhari is entirely consistent with domestic peace and stability while giving democracy because Islam Hadhari is about Malaysia a good name internationally. living peacefully and respecting each other in society. Undoubtedly, the ummah, which is a collective term identifying all adherents of I would like to re-emphasise that Islam the Muslim faith, must also solve its own Hadhari is meant for the benefit of all in internal problems. Extremism must be Malaysia, regardless of their religious or renounced, radicalism eradicated and all racial identities. It is certainly an exhortation sectarian violence must be stopped. Islam to the Muslims to treat their fellow non- can tap into its own rich intellectual tradition Muslim citizens fairly in all their dealings. and challenge directly the extremist 4 4 Islam, International Peace and Security doctrines that have lately become linked, the use of force. quite unjustifiably, to Islam. Muslim leaders and Muslim scholars must succeed in Inter-civilisational dialogues can take place reviving fully the true spirit and the true at the official level between governments teachings of Islam. The truth must prevail as well as along the ‘second-track’ at the that Islam abhors extremism and condemns non-governmental level. This is possible terrorism. because the subject of the dialogue concerns human relations between peoples However, the Muslim ummah acting alone of different creeds and religions. I believe on its own will not be able to achieve total Germany is one of the countries which is success. Islamophobia must also be actively promoting such discussions. The removed at the same time. The non-Muslim world, especially the West, international community must take a stand must be prepared to discard their prejudices to stop actions that contribute, directly or against Islam and be willing to engage in indirectly, to the perpetuation of injustice, genuine dialogue. oppression or aggression against Muslim countries and the Muslim ummah, anywhere In the wider international dialogue to seek and everywhere. The international and establish international peace and community has a clear duty to disallow the security, let me point out to you that the 57 marginalisation of Muslims and instead Muslim countries, members of the enable them to take part in influencing and Organisation of Islamic Conference, would setting the international agenda. The be worthy partners because they are increasing gulf and misunderstanding important not only in the realm of between the West and the Muslim world international politics and diplomacy but also must be bridged. But it requires both sides international economics and finance. The to work in tandem to close the chasm. 1.4 billion Muslims in the world make up one-fifth of the global population. It is In this regard, Germany has an important estimated that the financial surpluses of role to play. Germany has shown, over Arab and other Muslim countries in the recent years, that there is in fact another USA and other Western banks, is around approach to addressing certain problems $800 billion. OIC members provide 70 per in the international arena, and that the path cent of the world’s energy requirement as to be chosen is not necessarily the path of well as 40 per cent of global raw material unilateralism or violence. It is important exports. The West can therefore look upon to emphasise this point, for many parts of the Muslim world as a partner for the Muslim global community seem to development and prosperity, certainly not think that the West is a singular entity, with as an adversary. a singular voice and agenda. Germany’s principled stand on certain matters, for As a contribution to this larger dialogue for example on the invasion of Iraq, is establishing international peace and something that often gets forgotten in the security, let me humbly suggest that we must Muslim media. It is important for Muslims begin by accepting the need to adopt a to remember that there remain countries paradigm shift within our own thinking and in Western Europe like Germany that have in the formulation of security policies by a different approach to dealing with nation states. I think we should work international problems, an approach that towards building a general consensus on emphasises multilateralism rather than certain core fundamentals for establishing unilateralism, passive dialogue rather than durable peace.

5 Dialogue + Cooperation 1/2006

I would like to dwell on five such The second fundamental for durable peace, fundamentals involving five fundamental in my view, would be the absolute centrality shifts. of people’s welfare in any order for sustainable security. The welfare of the ! First, a shift from a security order based people must lie at the heart of all our on amorality to one based on moral struggles, not least the struggle for security. purpose. In practice, this means many things. The ! Second, a shift from state security as legitimate interests of the people must be the central object of the security order addressed and their legitimate aspirations to people security as the central object. fulfilled. The people must have basic ! Third, a shift from the pursuit of narrow freedoms. The economic and social security national interest to enlightened national of the people must be accorded the highest interest. priority. ! Fourth, a shift from conflictual security to cooperative security. Third, there needs to be a shift in focus ! Fifth, a shift from a focus on narrow from narrow national interest to enlightened military security to a focus on wider, national interest. This idea was best captured comprehensive security. by Lord Acton when he asserted that in the life of states, there are no permanent Allow me to elaborate briefly on each of friends, only permanent interests. I am not the above. First and foremost, among the suggesting the abandonment of the primacy fundamentals for a durable peace, I think, of the state and the primacy of the national would be that the security order must be interest in the conduct of international a moral order. It must be a fundamentally affairs. I am only suggesting that states ethical order. The rule of law must prevail, should view their interests in more protecting every man, woman and child enlightened terms and pursue them without distinction as to race, religion or accordingly. In this way, there will be a wealth. All states large and small, powerful stronger impetus to discover common or weak, shall be entitled to equal security interest and seek common cause with and an equal say in common security. others. States shall pursue not only their own legitimate interests but also the common The fourth fundamental is a shift from a interests of the wider regional or global conflict approach towards security to a community. The question may be asked, cooperative approach towards peace. how is moral purpose to be introduced Differences and conflicts of interests do into the international order? Governments not have to degenerate into violent can apply peer influence upon each other. confrontations and be resolved, if at all, Civil society within countries and across by force. They can be resolved peacefully. states can exert sustained pressures upon The peaceful pursuit of security and the their own as well as other governments to pacific settlement of disputes will be greatly conform to recognised moral standards enhanced if states begin to regard security and be accountable for these standards. as mutual, common and indivisible. In extreme cases, for outrageous breach When states begin to perceive that their of the basic moral standards, security cannot be attained at the expense internationally approved sanctions should of each other but with each other, it will be considered if other means fail. The then follow that they will pursue peace point is, we should shift moral purpose through cooperative rather than conflict from the sidelines of international conduct approaches. In fact, there is hope because to centre stage. the reality of interdependence in a 6 Islam, International Peace and Security globalised world will tend to force states to inevitable. The higher, true values of Islam consider the cooperative road to mutual are those adhered to by the many. No one peace and mutual prosperity not merely as should judge Muslims on the basis of the an option, but an imperative. extreme deeds committed by the few. Muslims believe that if you have good I believe that the fifth fundamental would intentions, God Almighty is always there to need to involve a shift from a narrow lend you a helping hand and assist you in preoccupation with military security to a your quest to do good. Differences in wider concern for comprehensive security. opinion must be accepted and tolerated. In essence, security encompasses the We must not cease to appreciate the security of all the fundamental needs, core differences that exist between peoples. The values and vital interests of the individual, Quran states that God created the universe the society and the state. When we begin to and caused it to be inhabited by men and see our security in such comprehensive women and peoples and tribes so that they terms, the logic of cooperating for mutual may know each other. We must proactively security in an interdependent world will seek peace between cultures and religions become even more persuasive and by deliberately seeking non-violent compelling. adjustments, dialogue and negotiations. Above all, we must not fear differences. Let me end by returning to what I said in The prophet Mohammed said, ‘Difference the beginning. The predicted clash between in opinion is ... a sign of the bounty of civilisations need not be, and is not, God’.

7 Europe: Muslims and the Secular State Europe: Muslims and the Secular State

Mathias Rohe*

I. Introduction

Aristotle, who for centuries has been a istence of churches and Hindu temples in highly regarded authority in both Europe some Islamic states will contribute to a and the Islamic world, defined justice as peaceful and fruitful coexistence between treating the equal equally and the unequal the majority (which is often far from truly unequally.1 The difficult task we face is homogeneous) and minorities. Weak mi- therefore to define exactly what is equal or norities deserve more protection from the unequal. I am deeply convinced that today moral, but also from the legal, point of view, we can find common ground worldwide in if the protection of human dignity is to be saying that everybody’s life, human dignity more than a nice idea to be discussed on a and right to self-determination are equal. merely theoretical level. Of course, circumstances will always exercise considerable influence on the practi- Maintaining the human dignity of every cal application of these principles in differ- individual equally in practice has to be done ent regions of the world. Creating peace in with regard to the factual and ‘technical’ society, which might be the foremost task framework given by the structure and the of any legal order, will have to take the con- historical, social and cultural prerequisites ditio humana, the nature of human beings, of the respective states and societies. There- into consideration. Every majority within fore, we will always face slight differences a given organisational framework will claim between different states and societies in dominant visibility and superior, if not de- granting individual rights, due to the dif- cisive, influence on decision making. The ferences in these prerequisites. Neverthe- predominance of Hindu temples in India, less, there is and has to be a core corpus of mosques on the Arabian peninsula and rights to be respected and protected regard- churches in Europe may serve as an exam- less of local differences. Freedom of reli- ple. gion and personal convictions is one these rights. Of course, every right is necessarily Nevertheless, the minority will agree to limited by the equal rights of others. Thus, consensual, non-violent decision making the basic right to religious freedom is not and coexistence only if its essential inter- to be exercised without restriction, particu- ests are equally considered and protected. larly when religious practice has an effect Thus, the existence of mosques and on the (social) environment. For example, churches in India, the existence of mosques freedom of belief does not justify the reli- and Hindu temples in Europe and the ex- gious indoctrination of pupils.2 Nor does

* Professor Rohe holds the Chair of Civil Law, Private International Law and Comparative Law at Friedrich- Alexander-Universität and is a judge of the Court of Appeal of Nürnberg.

1. Aristoteles, Die nikomachische Ethik, 5. Buch “Wie sich die Sachen verhalten, so werden sich auch die Menschen verhalten. Sind diese nicht gleich, so werden sie auch nicht Gleiches erhalten. Daher kommen die Streitigkeiten und Prozesse, dass entweder Gleiche Ungleiches oder Ungleiche Gleiches haben und zugeteilt erhalten.” (translation into German by O. Gigon, 2nd ed. 1967, p. 159). 2. Cf. Verwaltungsgericht Stade Informationsbrief Ausländerecht 1983, p. 117 (propaganda of violence in a Quran school). 9 Dialogue + Cooperation 1/2006

the protection against blasphemy (e.g. pro- lise the state and its society in the long run vided by §166 of the German criminal code) on one hand, and in granting individual entitle the victim to take the law into his/ rights and thus diversity to a degree which her own hands. Buildings used for religious meets the human rights standard of free- purposes have to meet the common rules dom of religion on the other hand. In Eu- of security in construction. rope, the basic order, which is the democratic secular state under the rule of law, In sum, every legal order has to be built on cannot be part of those negotiations, but structures enabling the state and society has to be the starting point of further re- continuously to negotiate and determine flections. My thesis is that it is only the peaceful and well-balanced solutions for secular state under the rule of law that ena- conflicting interests with respect to religious bles true freedom of more than one (i.e. life. The crucial task will be to find the the predominant) religion. In the following optimal balance in maintaining and enforc- I will focus on the legal status of Muslims ing the necessary amount of uniformity in in Europe and especially in Germany. defining rights and duties in order to stabi-

II. Muslim Presence in Europe

The presence of Muslims in Europe dates in Europe, one first has to keep in mind back to the Middle Ages. Despite this, a that the major problems concerning the lives stable presence of significant Muslim of Muslims don’t concern their belief as groups—now an overall number estimated such or their religious needs. These prob- at 10-15 million—in western, central and lems concentrate on issues such as the lack northern Europe is a relatively new phe- of knowledge of the dominant language, a nomenon. Millions of Muslims now volun- widespread lack of higher education and tarily stay in European countries whose comparatively high levels of unemployment. majority population is non-Muslim. This Another problem is a certain suspicion presents a new situation for Muslims as well against foreigners, who are supposed to as for the countries they are living in and threaten the ruling culture of the land— the societies they are part of.3 Most of these despite the fact that this culture intrinsi- Muslims were born and grew up in Europe, cally includes a far-ranging degree of plu- or at least intend to stay here permanently. ralism. The psychological problems result- The former idea of a merely temporary stay ing from 9/11 and other terrorist crimes, for work or educational reasons turned out leaving broad feelings of insecurity among to be an illusion. Therefore, the days of non-Muslims and Muslins as well, have also provisional solutions in the organisation of to be taken into consideration. Besides that, individual and social life are over. More one should avoid considering Muslims as and more Muslims are reflecting on their well as non-Muslims to be groups of a sin- identity and their status in European soci- gle outlook. There is a lot of pluralism in- eties. At the same time, European legal side these groups, and many conflicts as orders have to cope with this new religious well, which mostly are not rooted in reli- identity (or identities). gion. So, for example, the Muslim communities in Europe are not unified at all; When it comes to the situation of Muslims there are still ‘Turkish’, ‘Arab’ or ‘Bosnian’

3. Cf. Rohe, Mathias. 2001. Der Islam—Alltagskonflikte und Lösungen. Rechtliche Perspektiven, Freiburg/Br., 2nd ed. pp. 91; for modern views cf. also Philip Lewis et al. 1994. Islamic Britain, London: IB Tauris, p. 52 in particular. 10 Europe: Muslims and the Secular State mosques to be found, where only believers jurisprudence) of little importance. of a certain ethnic background pray. Nevertheless, obviously increasing numbers Many Muslims in Europe still tend to seek of Muslims are eager to achieve more cer- practical solutions for organising their lives tainty in defining their position as Euro- in accordance with the demands of Euro- pean Muslims. On the other hand, there pean legal orders and Islamic religious com- are undoubtedly significant problems for mands. It is only within the last few years European societies resulting from the small that Muslims have also tried to formulate but dangerous number of Muslim extrem- theoretical statements to clarify their posi- ist activities and some larger tendencies of tions and possible conflicts between legal a harsh anti-Western attitude which may and religious rules, and to find adequate lead to a forced policy of self-segregation.5 solutions for such conflicts.4 Furthermore, The crucial question for Muslims is thus a considerable number of Muslims are not to define Muslim identity—including the particularly interested in religious practices, practical fulfilment of Islamic rules—within while not denying their Muslim identity as the framework of European legal orders and such. Others are attached to sufi (mystic) societal needs.6 In this field, we have to beliefs and practices, considering the ‘su- distinguish between the application of reli- perficial’ rules of mediaeval fiqh (Islamic gious and legal norms of Islam.

III. Secular European states and the protection of the freedom of religion 1. The application of Islamic religious norms (concerning the ’ibadat)

Applying religious provisions is fundamen- adhering to the ‘five pillars’, for example. tally different from applying legal norms, Everybody may consult renowned Muslims due to the fact that in most European states or Muslim institutions for advice in reli- religious freedom is far reaching. European gious matters,8 which opens up broad space constitutions, like Art. 9 of the ECHR,7 for actively practising one’s religion privately guarantee that people will not be deprived as well as in public. of the basic requirements for complying with the demands of their religion. No Religious freedom in this sense includes all Muslim will be prevented by the state from kinds of religions, not only those of the

4. Excellent studies on present developments are presented by Wasif Shadid and Sjoerd van Koningsveld, ‘Religious Authorities of Muslims in the West: Their Views on Political Participation’, in id. (eds.) 2003. Intercultural Relations and Religious Authorities: Muslims in the European Union, Leuven, Paris: Dudley, p.149, and by Waardenburg, Jacques. 2003. Muslims and Others: Relations in Context, Berlin, New York: Walter de Gruyter, pp. 241, 308 and 336. 5. Cf. the contributions in Berlin, Senatsverwaltung für Inneres (ed.) 2005. Islamismus, Berlin. 6. Cf. Rohe, Mathias, ‘The Application of Shari’a Rules in Europe—Scope and Limits’, in Rohe, Mathias (ed.), Shari’a in Europe, The World of Islam, Vol. 44 Issue 3, 2004, p. 323. 7. The wording is as follows: Art. 9—Freedom of thought, conscience and religion: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. Freedom to manifest one’s religion or belief shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others. 8. For an example, cf. Rohe, Mathias, ‘The Formation of a European Shari’a’, in Malik, Jamal. (ed.) 2004. Muslims in Europe: From the Margin to the Centre. Münster: LIT Verlag: pp. 161, 173. 11 Dialogue + Cooperation 1/2006

majority of the population or established discriminated against, or given preferen- ones. Furthermore, according to this pro- tial treatment, because of their religious vision, religion is not restricted to the pri- belief. These legal provisions prove that the vate sphere; its manifestation in the public secular legal orders in Europe don’t reject sphere is protected as well. Nevertheless, religion; they are not at all anti-religious, there are some differences in the applica- as is often wrongly understood. To the con- tion between several European countries. trary, they open a broad space for religious This is due to different convictions on how belief and life. It is only that the state itself great should be the distance between the has to be neutral and is prevented from state’s activities and religions. France or interference in religious affairs. The most Switzerland, for example, prefer a strict important result of this legal secularism is separation between state and religion. There- the equivalence of religions, including the fore it is not allowed for officers to show freedom not to adhere to a religion or to religious symbols during their working change religion.10 According to unanimous time, e.g. in schools. The strict principle understanding in Europe, this neutrality is of laicism in France, in accordance with an indispensable prerequisite of true reli- the ‘unity of the republic’, would also pre- gious freedom. A prominent French Mus- vent schools offering halal food to pupils, lim accordingly calls this system one of ‘posi- because no group should be treated in a tive neutrality’ (towards religion).11 Some different way. examples12 concerning the German legal situation will illustrate that. The situation in Germany is somewhat different. The most important provision to More than 2,000 mosques exist in Ger- regulate religious affairs is Article 4, Sec- many. Most are located within former fac- tions 1 and 2, of the constitution.9 This ar- tories, which were available for reasonable ticle—as well as Article 9 of the ECHR, prices and situated near the living -quar- which is less far reaching in granting ters of many of the believers. But there are rights—is not limited to private religious also examples of very representative-look- conviction. It also grants the right of pub- ing mosques in several cities, with prayer lic manifestation of belief, and the state is rooms with space for more than 1,000 per- obliged to ensure that this right is not un- sons. Some of them have minarets, and in duly limited. Of course, there are legal limits some cities the adhan using loudspeakers for any rights, including religious ones. is allowed for certain prayers, e.g. the Nobody would be allowed to threaten oth- prayer on Friday noon.13 ers on religious grounds, for example. The construction of places of worship is Furthermore, Article 3, Section 3, of the privileged under German building law be- constitution prescribes that no one may be cause of the constitutional guarantees of 9. The wording is as follows: Article 4 [Freedom of faith, conscience, and creed] Freedom of faith and conscience, and freedom to profess a religious or philosophical creed, shall be inviolable. The undisturbed practice of religion shall be guaranteed. 10. For the intrinsic connection between full religious freedom and secularism, cf. Bielefeldt, Heiner. 2003. Muslime im säkularen Rechtsstaat. Universität Bielefeld, p. 15. 11. Bencheikh, Soheib. 1998. Marianne et le Prophète—L’Islam dans la France laïque. Paris: Bernard Grasset, p. 57. 12. For other issues, such as wearing headscarves in the public service, cf. Selbmann, Frank ‘Developments in German Case Law Regarding the Freedom of Religion’, European Yearbook of Minority Issues No. 3 (2003/4), pp. 199, 207. 13. Cf. Kraft, Sabine. 2002. Islamische Sakralarchitektur in Deutschland, Münster LIT Verlag; Leggewie, Claus et al. 2002, Der Weg zur Moschee. Eine Handreichung für die Praxis, Bad Homburg v.d.Höhe: Herbert-Quandt- Stiftung; Schmitt, Thomas 2003. Moscheen in Deutschland. Konflikte um ihre Errichtung und Nutzung, Flensburg: Deutsche Akademie für Landeskunde. 12 Europe: Muslims and the Secular State religious freedom. In rare instances, legal running a house of prayer or a cultural cen- cases have been initiated on whether mina- tre. In this kind of case, settlements are a rets could be built, and their permitted much preferable solution; such settlements height. It is not too surprising that the very can be found in preliminary discussions visible erection of minarets could cause with the authorities involved as well as with some irritation depending on local circum- the general public. Fortunately, this has stances. Some people consider the erection become the usual way of handling matters of minarets a symbolic attack on the pre- in Germany. dominant Christian culture. Such suspicions are very often formulated not by prac- In a landmark decision, the Federal Con- tising Christians but by people who main- stitutional Court on 15 January 200215 ruled tain rather loose ties to religion in general, that the freedom of religion includes the but in some cases also by small Christian right of Muslims to slaughter animals ac- fundamentalist and anti-Islamic sects like cording to their religious commandments. the so-called ‘Christliche Mitte’ (Christian This includes forms of slaughtering with- Centre). out pre-stunning of the animals, which is generally forbidden by the Law on the Pro- According to German building law, the tection of Animals. According to §4a of form of places of worship has to fit into this law, a religious community may apply their surroundings, despite the generally for a licence to slaughter according to such privileged status of such buildings. Never- commandments. It should be mentioned theless, the Administrative Court of Ap- that the Jewish community had a licence peal of Koblenz decided in a case concern- to slaughter without pre-stunning according the erection of a minaret that there is ing to their religion until the takeover of no ‘protection of the cultural status quo’ the Nazi government in 1933, and again under the law.14 Times are changing, and after the defeat of the Nazis in 1945. Con- because Muslims now are an important part cerning Muslims, there were two problems of the population, society as a whole has to to be solved. First, some courts didn’t con- accept this fact. Notwithstanding this fa- sider the Muslim applicants to form a ‘reli- vourable legal position, Muslims would be gious community’ in a legal sense. They well advised not to enforce their rights with were following a—legally wrong—under- the aid of the judiciary before having pa- standing of a religious community as nec- tiently tried to convince the public of their essarily having a structure similar to Chris- peaceful intentions in building mosques and tian churches. Muslims, who historically did cultural centres. As a (part-time) judge in not form comparable structures, would then the Court of Appeal of Nuremberg, my be excluded from exercise of clear religious experience is that a judgement in applica- rights for superficial reasons. The Consti- tion of the law has to decide a case in fa- tutional Court therefore held that a group vour of one of the parties, at least in part. of persons with common beliefs organised But often it will not lead to a true and sta- in any form whatsoever could fulfil the pre- ble peace between the parties. The party requisites of the law in that respect. whose claim was dismissed will often seek a new reason for continuing the battle, Second, the question was raised whether which is not a very convenient basis for in fact Islam commands the slaughter of

14. OVG Koblenz NVwZ 2001, 933. 15. BVerfG NJW 2002, 663. 16. In this sense, see the statements of the mufti of Egypt and president of al Azhar University dated 25 February1982 and the Islamic World League in Jiddah in 1989 and other authorities; cf. OVG Hamburg NVwZ 1994, 592, 595 ff. 13 Dialogue + Cooperation 1/2006

animals without pre-stunning. According to for ‘mediaeval religious purposes’. It didn’t a fatwa by the late mufti of Egypt in the even help that the Constitutional Court it- 1980s and others,16 the methods of slaugh- self stressed the lack of evidence that ex- ter common in Europe would be accept- pert slaughtering without pre-stunning able for Muslims. Therefore, it was denied would cause considerably greater pain for that rules of slaughtering without pre-stun- animals than the current methods, not to ning were imperative.17 This approach, how- speak about the really cruel transport of ever, was not consistent with the demands animals for slaughter throughout Europe. of the state’s neutrality toward religions. The It should also be mentioned that there is state and its courts are not entitled to de- an interesting discussion on the need for cide between contradictory religious doc- slaughtering without pre-stunning among trines which are to be regarded as ‘true’ Muslims themselves.19 In the meantime, the and therefore binding. It is up to the be- big political parties in Germany agreed on lievers themselves to decide whom to fol- amending the constitution to elevate the low. For this reason, the Constitutional protection of animals to a constitutional Court pointed out that it will be sufficient aim.20 It is not by accident that this initia- for obtaining the above-mentioned licence tive was started half a year before the fed- if there are reasonable grounds for the re- eral elections. Since then, some adminis- quired method of slaughter to be found in trations apparently tried to avoid the appli- the religion. In my opinion, this was the cation of the court’s rules—which are le- most crucial point to the judgement, hav- gally binding—by administrative means. ing far-reaching consequences for the sta- Nevertheless, it will be interesting to see tus of Muslims in Germany as a whole. For whether in the future Muslims and Jews the first time it was made clear that it de- will be prevented from halal/kosher slaugh- pends only upon the Muslims in Germany tering. to decide their creed and needs. Another practical example concerns Mus- The intention of the law to protect animals lim female employees wearing the veil was upheld as far as possible in this deci- (headscarf). In a number of cases, espe- sion. Only persons who have proven abil- cially when their jobs involved dealing with ity to slaughter animals humanely like skilled the public, employers forbade them to wear butchers are likely to obtain a licence. The the headscarf during working time. In a main federal organisations of Muslims in recent case in the state of Hessen, a Mus- Germany then created a joint commission lim clerk working in a warehouse in the to work out a paper on the details and to countryside was given notice due to her cooperate with the relevant administrative refusal to work unveiled. There was a gen- bodies. erally accepted rule within the company that everybody had to wear ‘decent’ clothes that Nevertheless, there is an ongoing and largely would not give offence to customers. The very emotional discussion on this judge- employer stated that he himself did not care ment.18 The protection of animals—a very about the veil, but that there was some evi- important issue among large numbers of dence that the mainly conservative custom- citizens—is considered to be consecrated ers would not accept being served by a veiled

17. Cf. BVerwG BVerwGE 99, 1; see also BVerwG NJW 2001, 1225. 18. Cf. ‘“Lyrik für Wähler”—Tierschutz, Grundgesetz und die Union’, Frankfurter Allgemeine Zeitung (FAZ), 27 March 2002, p. 6. 19. Cf. Rohe, Mathias 2001. Der Islam—Alltagskonflikte und Lösungen, 2nd ed., Freiburg: Herder, p. 187. 20. Cf. ‘Tierschutz im Grundgesetz’, FAZ, 18 May 2002, p. 2. For details see Rohe, Mathias 2002, ‘Das Schächt- Urteil des Bundesverfassungsgerichts vom 15. Januar 2002’, österreichisches Archiv für recht & religion, p. 78. 14 Europe: Muslims and the Secular State clerk and would certainly change to com- legislation, the European Union promul- peting warehouses. The appeal of the em- gated a directive on employment law for- ployee against the notice was dismissed by bidding discrimination on religious the Labour Court of Appeal of Hessen on grounds.24 This directive is strongly sup- the same grounds.21 ported by Muslims in Germany. I would like to recommend not being too optimis- There was considerable and in part under- tic about its possible results. I am almost standable irritation among Muslims con- certain that employers who continue to cerning this decision. But it has to be taken refuse the employment of veiled women will into consideration in such cases that it is find ways not to employ them or to termi- the state alone that has to grant religious nate their contracts for other, legally accept- freedom, according to the constitution. In able, reasons. Others could hesitate to the field of private law, the constitutional employ any Muslim women, unveiled or rights exert a so-called ‘indirect’ influence veiled, to avoid any problems (of course on the rules of law. This means that they without publicly declaring it). In my opin- have to be taken into consideration with- ion, the true solution of this problem is out being enforced in a similarly direct and not to be found within the law. As long as far-reaching manner as is the case in con- large parts of society as a whole, including flicts between individuals and the state. In a considerable number of Muslims, regard these private cases, two constitutional rights the headscarf as an instrument of oppres- are in conflict: the freedom of religion and sion of women and of religious fundamen- the freedom of the individual to create and talism, contrary to the values of the demo- terminate contractual relations according cratic and humanitarian legal order, the to personal interest. problem will persist.

Nevertheless, the Federal Labour Court fi- Religion has its effects even on the social nally accepted the appellant’s claim.22 It security law. Courts have held that, in the stressed the great importance of religious case of financial need, social security funds freedom, which cannot be overruled by have to pay the costs of a boy’s circumci- mere suppositions of possible economic sion,25 for the ritual washing of the body of disadvantages to the employer. Even in case a deceased Muslim26 or for the burial of of proven disadvantage, the employer would the deceased in a Muslim cemetery in the first have to consider whether the employee state of origin, including the costs of trans- could be employed in a less sensitive area port, if there is no Muslim cemetery avail- before being entitled to terminate the con- able in Germany.27 On the other hand, the tract. This judgement was affirmed by the Administrative Court of Mainz dismissed Federal Constitutional Court.23 the claim of a Muslim woman wearing a niqab (which leaves only the eyes visible) Furthermore, as part of anti-discriminatory for social support, because this clothing

21. LAG Hessen 21 June 2001, NJW 2001, 3650. 22. BAG NJW 2003, 1685. 23. BVerfG NJW 2003, 2815. 24. Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, OJ L 303, 2.12.2000, p. 16. Cf. Rohe, Mathias ‘Schutz vor Diskriminierung aus religiösen Gründen im Europäischen Arbeitsrecht—Segen oder Fluch?’, in Krause, Rüdiger, Winfried Veelken and Klaus Vieweg (eds.) 2004. Recht der Wirtschaft und der Arbeit in Europa, Gedächtnisschrift für Wolfgang Blomeyer, Berlin: Duncker & Humbolt, p. 217. 25. VG Berlin NVwZ 1994, p. 617. 26. VG Berlin NVwZ 1994, p. 617. 27. See OVG Hamburg NJW 1992, pp. 3118, 3119. 15 Dialogue + Cooperation 1/2006

would prevent her finding employment, and pensions among widows who were living she didn’t produce an explanation of the in a polygamous marriage.31 However, Ger- necessity of wearing it.28 man law differentiates between mainly private aspects of marriage and predominantly German social security law treats polyga- public ones, especially those relating to mous marriages as legally valid provided immigration law. The latter would not pro- that the marriage contracts are valid under vide more than the first wife with marital the law applicable to their formation (of privileges, e.g. concerning residence per- course, this kind of marriage fundamen- mits.32 tally contradicts German and European legal standards,29 and therefore cannot be To sum up, European law is consistent and contracted legally in Europe).30 The reason immutable in its democratic and human is that it would not help the second or sub- rights-oriented principles, but it also leaves sequent wives, who may have lived in such broad space for the religious freedom of a marriage for a long time, to deprive them Muslims. To be a democrat, an equal mem- of marital rights such as maintenance. In ber of society and a Muslim therefore is this sense, paragraph 34, Section 2, SGB I not a contradiction in itself, but could serve (Social Code I) which contains provisions as a model for Muslims as well as for non- on social security, regulates the division of Muslims at present and in the future.

2. The application of Islamic legal norms (concerning the mu’amalat)

When it comes to the application of legal does not mean that foreign legal principles rules, the conflict between possibly contra- and cultural influences are excluded. Nev- dictory rules of the law of the land and the ertheless, the constitutional principles of the law of religious/cultural origin has to be inviolability of human dignity, democracy, resolved. the rule of law with the binding force of state power, separation of powers, major- Most of the existing legal orders have a ter- ity rule and minority protection, as well as ritorial basis: everyone within the territory the essential elements of constitutional civil of a specific state has to abide by the same rights, such as the equality of the sexes, laws. Only the state can decide whether and freedom of opinion, religious freedom and to what extent ‘foreign’ law can be applied protection of marriage and family etc., are and enforced on its territory. Thus the le- among the basic principles that cannot be gal system is not ‘multicultural’ as far as dispensed with. Within this framework, concerns the decisive exercise of legal foreign legal provisions can be formally power. Therefore, the application of for- applied on three different legal levels. Aside eign legal provisions, including Islamic from that, the state has no control of infor- ones, is an exceptional case. However, this mal ways of application as long as its bod-

28. VG Mainz 26.02.2003 (Az. 1 L 98/03.MZ)—not yet published. 29. Perhaps there will be new developments on the basis of laws regulating registered partnerships. According to a recent report from the Netherlands, a male succeeded in registering partnerships with two female partners; cf. ‘Mann wird “Partner” zweier Frauen’, FAZ, 5 October 2005, p. 9. It is highly advisable to adjust these laws to centuries-old European standards. 30. Cf. LG Frankfurt a.M. FamRZ 1976, p. 217; LG Osnabrück NJW-RR 1998, p. 582; AG Bremen StAZ 1991, pp. 232, 233; Staatsanwaltschaft bei dem LG Muenchen I IPRspr. 1996 No. 62; VGH Kassel NVwZ-RR 1999, pp. 274, 275. 31. The English solution differs fundamentally from the German one. None of the widows is accepted as one legally. Cf. Court of Appeal in Bibi v. Chief Adjudication Officer [1998] 1 FLR 375. 32. Cf. OVG Koblenz 12.03.2004 (10 A 11717/03), not yet published. 16 Europe: Muslims and the Secular State ies are not called upon by one of the par- strong position especially within these ar- ties involved. eas. This can be explained by the fact that Islamic law in this area has a multiplicity 1. Private international law (the rules regu- of regulations derived from authoritative lating the conflict of laws in matters con- sources (Quran and sunna). Furthermore, cerning civil law33) is a possible level of di- a powerful lobby obviously tries to preserve rect application of Islamic legal rules. In this area as a stronghold due to religious the area of civil law, the welfare of autono- convictions as well as for reasons of income mously acting private persons is of prime and the exercise of power (which was very importance. If someone has organised his/ similar in Europe in former times). The her life in accordance with a certain legal Tunisian lawyer Ali Mezghani states, ‘In system, this deserves protection when the Islamic countries, it is difficult to deny that person crosses the border. However, it is family law is the site of conservatism’.36 This also within the interest of the legal com- is true despite the fact that in several Is- munity that in certain matters the same law lamic countries reforms have taken place should be applicable to everyone resident and are still in progress.37 In others, there in a particular country. This would espe- is even a remarkable backlash to traditional cially be the case in matters touching the standards. roots of legal and societal common sense, like the legal relations between the sexes or However, the application of such provisions between adherents of different religions. must comply with the rules of public policy. The question whether foreign or national If the application of legislation influenced substantive law should be applied must by Islamic law would lead to a result that is therefore be determined, and this is done obviously incompatible with, for example, by private international law provisions (con- the main principles of German law, includ- flict of laws), which weigh up the relevant ing constitutional civil rights, the provisions interests. in question cannot be applied. The main conflicts between ‘Islamic’ and European When it comes to the areas of family law legal thinking in family law concern consti- and the law of succession, the application tutional (and human) rights such as equality of legal norms in European countries is of the sexes and of religious beliefs and the often determined on the basis of the na- freedom of religion, including the right not tionality of the persons involved rather than to believe. Conflicts mainly arise from pro- by their domicile.34 Other than in Canada visions reflecting classical Islamic law, which or in the US,35 European courts are there- preserve a strict separation between the sexes fore often obliged to apply Islamic legal with respect to their social roles and tasks rules. In this respect, it may generally be as well as the far-reaching legal segregation stated that Islamic law until today has a of religions under the supremacy of Islam.

33. Of course, in the sphere of public law and especially of penal law, foreign law is not applicable. Public law regulates the activities of the sovereign; and penal law defines rules which are necessary to guarantee a minimum of common behaviour in the society. 34. For further details cf. Rohe, Mathias. 2003. ‘Islamic Law in German Courts, Hawwa’, Journal of Women of the Middle East and the Islamic World, No. 1, p. 46. 35. Cf. Foblets, Marie-Claire and Overbeeke Adriaan, ‘Islam in Belgium’, in Potz Richard and Wieshaider, Wolfgang (eds.) 2004. Islam and the European Union. Leuven, Paris, Dudley: Peeters, pp. 1, 25; Rude-Antoine, Edwige, ‘La coexistence des systèmes juridiques différents en France : l’exemple du droit familial’, in Kahn, Philippe (ed.) 2001, L’étranger et le droit de la famille, Paris, pp. 147, 161. 36. Mezghani , Ali, ‘Le juge français et les institutions du droit musulman’, Journal du droit International, 2003, pp. 721-22. 37. Cf. Rohe, Der Islam, op. cit., pp. 53 and 112; for recent interesting developments in the Maghreb, cf. Nelle, Dietrich ‘Neue familienrechtliche Entwicklungen im Maghreb’, StAZ Das Standesamt, No. 9/2004, p. 253. 17 Dialogue + Cooperation 1/2006

2. A further area of—indirect—application lamic’ mortgage consists of two separate regulating such matters are ‘optional’ within transactions aiming at a single result. Un- a certain framework. til recently, each transaction was subject to taxation. Now a reform has occurred As an example we may note the fact that in which the key issue was abolishing the various methods of investment are offered double ‘stamp duty’, because it prevented that do not violate the Islamic prohibition Muslims from investing in real property of usury (riba, which according to tradi- successfully. The German state of Sachsen- tional views means the general prohibition Anhalt recently placed an Islamic bond of accepting and paying interest38). Con- (sukuk,42 100 million euros at the begin- cerning project finance, Islamic legal in- ning), based on a Dutch foundation.43 For stitutions like the murabaha or the traditionally oriented Muslims, the offer mudaraba can be used.39 These are cer- of such forms of investment in Europe is tain forms of partnership intending to at- of considerable importance. To my knowl- tract capital owners to participate instead edge, many of them have lost huge sums of merely giving credit, the latter bearing of money in the past to doubtful organisa- the risk of contradicting the riba rules. tions from the Islamic world bearing a ‘re- Commerce and trade have already religious’ veil, or to similar organisations sponded to the economic/legal needs of based in Europe.44 traditional Muslims. German and Swiss banks, for instance, have issued n:‘Islamic’ Tendencies to incorporate Islamic norms shares for investment purposes, that is to into optional law can also be identified say, share packages that avoid companies in Germany in connection with matrimo- whose business involves gambling, alco- nial contracts. Thus contractual condi- hol, tobacco, interest-yielding credit, in- tions regulating the payment of the ‘Is- surance or the sex industry, which are il- lamic’ dower (mahr or sadaq) are possi- legitimate in Islamic law.40 In the UK a ble and generally accepted by the Ger- special concept of ‘Islamic mortgages’ was man courts.45 Other contractual regula- developed, which allows Muslims willing tions, especially those discriminating to purchase chattel to avoid conflicts with against women, could be void according provisions concerning riba (when paying to paragraph 138 of the civil code on the interest on ‘normal’ mortgages).41 The ‘Is- protection of good morals.46 There are

38. Cf. Saeed, Abdullah. 1996. Islamic Banking and Interest. A Study of the Prohibition of Riba and its Contemporary Interpretation, Leiden, New York, Köln: E.J. Brill; Iqbal, Munawar (ed.) 2001. Islamic Banking and Finance: Current Developments in Theory and Practice. Leicester: Islamic Foundation. 39. Cf. Klarmann, Reinhard. 2003. Islamic Project Finance. Zurich, Bâle, Genève: Schulthess; Bälz, Kilian, ‘A Murabaha Transaction in an English Court’, ILAS 11 (2004), p. 117. 40. Cf. Venardos, Angelo M. 2005. Islamic Banking and Finance in South-East Asia: Its Development and Future, New Jersey: World Scientific Publishing, p. 70. 41. Cf. Iqbal Asaria, ‘Islamic home finance arrives on UK’s high streets’, Muslim News, 25 July 2003 (No. 171), p. 6. 42. It is based on a combination of leasing contracts concerning the state’s real property. Cf. ‘Finanzmarkt: Islam- Anleihe aus Magdeburg’, Die Bank, 1 January 2004. 43. Cf. ‘Sachsen-Anhalt bereitet erste islamische Anleihe vor’, FAZ, 6 November 2003, p. 31; ‘Anlegen mit Allahs Segen’, Handelsblatt, 14 July 2004, p. 29. 44. Cf. the recent reports on doubtful investments in Turkey supported by certain organisations in ‘Neuer Markt auf Türkisch, SPIEGEL ONLINE 29 January 2004 (viewed on 29.01.2004 at http: //www. spiegel. de/ 0,1518,283591,00.html). 45. Cf. BGH NJW 1999, p. 574; OLG Celle FamRZ 1998, pp. 374. 46. §138 Section 1: “A legal transaction which offends good morals is void”.; cf. Rohe, ‘Islam und deutsches Zivilrecht’, in Ebert, Hans-Georg and Hanstein, Thoralf (eds.) 2003, Beiträge zum Islamischen Recht II, Leipzig: Verlag Peter Lang, pp. 35, 51. 18 Europe: Muslims and the Secular State no court decisions on such issues so far amendment enables women resident in published or known. However, to my Spain to get divorced even if the law of knowledge some German notaries refuse origin or of their matrimonial home pre- to assist in formulating wills containing vents them from doing so. The legislature the classical Islamic regulation on half- has stated expressly that this amendment shares for female heirs. 47 was to solve problems especially of Mus- lim women.52 3. In addition to general rules of private international law and optional civil law, a Within the European Union, only in Greece few European states introduced Islamic le- are Muslims of Turkish origin still living gal provisions concerning family and suc- under traditional shari’a rules for historical cession matters, to be applied to the Mus- reasons,53 while the Turkish Republic has lim population. In Britain Muslim insti- continuously reformed its civil laws and tutions may apply to be entitled to regis- since 2002 introduced the legal equality of ter marriages. Furthermore, according to sexes in family law. This can hardly serve the Divorce (Religious Marriages) Act as a model for Europe. Despite widespread 2002, courts are enabled to require the tendencies in the Islamic world aiming to dissolution of a religious marriage before improve women’s rights, many legal orders granting a civil divorce.48 The Adoption in this region are still far from the legal and Children Act 2002 amended the Chil- standard of equality of sexes achieved in dren Act 1989 by introducing a ‘special Europe. It would simply be unacceptable guardianship’ as a legal form of parental to import such rules into the existing sys- responsibility besides adoption, which is tems. forbidden by Islamic law.49 In Spain since 1992, Islamic rules regulating the contract- Nevertheless, in Britain the Union of Mus- ing of marriage can be applied to Mus- lim Organisations of UK and Eire has for- lims.50 In order to ensure the necessary mulated a resolution demanding the es- legal security, there are provisions for the tablishment of a separate Muslim family compulsory registration of these mar- and inheritance law automatically appli- riages.51 This kind of legal segregation is cable to all Muslims in Britain.54 The un- very limited, concerning mere formal regu- derlying idea might to be found in the le- lations without any relevant material qual- gal situation on the Indian subcontinent— ity. Interestingly, also in Spain, the legis- the prevailing region of origin of Muslims lature has amended Article 107 of the civil in Britain—which was and still is ruled by code regulating the right to divorce. The a system of religious separation in mat-

47. The validity of wills does not depend on such assistance, according to German law of inheritance. 48. Cf. Lord Nazir Ahmad, ‘Notes on the Judicial Situation of Muslims in the United Kingdom’, in Schneiders, Thorsten G. and Kaddor, Lamya (eds.) 2005, Muslime im Rechtsstaat, Münster: Centrum für Religiösen Studien, p. 71; Khaliq, Urfan, ‘Islam and the European Union: Report on the United Kingdom’, in Potz and Wieshaider, op. cit., pp. 219, 246. 49. Cf. Qur’an surah 33, 4. s ‘tabanni’, in wizarat al-awqaf, al-mawsu’at al-fiqhiya, Vol. 10, Kuwayt 1987; for present legal orders in the Islamic world, cf. Pearl, David and Menski, Werne, 1998, Muslim Family Law, 3rd ed. London: Sweet and Maxwell, ch. 10. 50. Cf. Mantecón, Joaquín, ‘L’Islam en Espagne’, in Potz and Wieshaider, op. cit., pp. 109, 130. 51. Cf. Article 59 Código Civil in conjunction with the administrative provision of the general directorate of the Civil Registry and the Notary from 10 February 1993. 52. BOE 30-09-2003, Ley Orgánica 11/2003, de 29 de septiembre, de medidas concretas en materia de seguridad ciudadana, violencia doméstica e integración social de los extranjeros, 4. 53. Cf. Tsitselikis, Konstantinos, ‘The Legal Status of Islam in Greece’, in Rohe (ed.) op. cit., , p. 402. 54. Cf. Poulter, Sebastian. 1990. ‘The Claim to a Separate Islamic System of Personal Law for British Muslims’, Mallat, Chibli and Connors, Jane (eds.), Islamic Family Law, London: Graham & Trotman, reprint 1993, p. 147. 19 Dialogue + Cooperation 1/2006

ters of family law.55 The same is true for of Islamic law—in its various existing most of the Islamic states in the past and forms—would not be acceptable within the present. But introducing a religiously or European legal-political context. Despite ethnically oriented multiple legal system widespread tendencies in the Islamic world into Europe does not represent a realistic aiming to improve women’s rights,57 many or even desirable option.56 Such systems legal orders in this region are still far from may have been helpful and historically even the legal standard of equality of sexes exemplary, if they granted minorities rights achieved in Europe (cf. above). The same and freedoms that would otherwise have is true for the ongoing inequality with re- been lost. However, this will always result spect to the legal position of non-Muslims in problems in the form of an inter-reli- in several Islamic countries, e.g. in mat- gious conflict over laws, as can be seen ters of marriage, damages or succession outside Europe. The most powerful reli- (e.g. Art. 881 sect. 2 of the Iranian civil gious group will almost inevitably enforce code58). It would simply be unacceptable the ultimate right of its legal system to to import such rules into the existing sys- adjudicate. This would lead to subordinat- tems. Instead of that, Muslims are entitled ing the minority to the rules of the major- to create legal relations according to their ity religion in inter-religious relations. It religious intentions within the framework would be impossible to establish such an of optional civil law. ultimate right to adjudicate within the framework of European constitutional law. Other than in Canada (Ontario), there are As well, freedom of religion includes the no rules in European-based systems per- freedom to change one’s religion or not to mitting arbitration in family law matters, belong to any religion. This freedom would except solely relating to monetary aspects. be unduly constrained by forcing people Nonetheless, within the scope of private into a legal regime defined by religion. autonomy, the parties concerned are free Furthermore, there is no identifiable uni- to create legal relations (limited by public form Islamic legal system of substantive policy) and to agree on the ways and re- rules. The Turkish Republic, the Muslim sults of non-judicial dispute resolution. In majority state that is the origin of Mus- matters of family law, relatives will often lims in many parts of Europe, completely be consulted first. As for Muslim immi- abolished the shari’a rules, and the vast grants, various research projects in Europe majority among Turks would strongly rein recent years clearly demonstrate that ject the reintroduction of such rules in considerable groups of them maintain the European countries. structures of family life current in their countries of origin.59 Some of them are Taking religious affiliation as the basis for reluctant to use the legal remedies pro- civil legal relations would raise serious ques- vided by the law of their state of residence tions besides that. Clearly, several aspects because they believe that they are bound

55. Cf. Levy, Jakob T. 2000. The Multiculturalism of Fear, New York, Oxford University Press, p. 180; Poulter, op. cit., p. 148; Lord Nazir Ahmad, op. cit., p. 74, referring to the respective demands of the UMO and the Muslim Council of Britain. 56. Cf. Rohe, Mathias. 2003. ‘Religiös gespaltenes Zivilrecht in Deutschland und Europa?’, in De Wall/Germann (eds.) Festschrift Link, Tübingen, p. 409. 57. Cf. Rohe, Mathias. 2001. Der Islam—Alltagskonflikte und Lösungen. Rechtliche Perspektiven, Freiburg/Br., 2nd ed., p. 53. 58. Cf. Mehrpour, Hossein, ‘An Overview of Inheritance in the Legal System of Iran’, in Basedow, Jürgen and Yassari, Nadjma (eds.) 2004. Iranian Family and Succession Laws and their Application in German Courts, Tübingen, pp. 103, 106; Valavioun, Reza, ‘Succession Laws of Religious Minorities’, ibid., pp. 111, 119. 20 Europe: Muslims and the Secular State to legal orders different from the law of (alternative) dispute resolution (ADR) in the land. Others are simply unaware of many countries. The advantages of this are the fact that in certain matters including obvious. The necessary confidence in per- family law (e.g. with respect to contract- sons resolving conflicts and in the quality ing marriages and divorce), the formal le- of their decisions may increase when they gal rules of the state of residence have to are explicitly and unanimously chosen by be observed; otherwise the intentions and the parties involved. In addition to that, acts of the parties involved are not legally ADR may provide a relatively fast, cheap enforceable. Thus, a marriage contracted and confidential resolution. Specific rea- solely according to traditional Islamic rules sons for ADR with respect to religious or may be socially accepted within the com- other minorities with an immigration back- munity, but it deprives the spouses of le- ground were already mentioned. Muslims gally enforceable rights in the state of adhering to the rules of traditional Muslim domicile with respect to maintenance or family law would possibly feel ‘respected’ inheritance usually connected to marriage. by society as a whole. On the other hand, these women cannot obtain a divorce in state courts because The key prerequisites for a successful and they are not regarded as married accord- fair ADR are an agreement of the parties ing to the law of the land. Therefore they involved to prefer ADR voluntarily and for seek “internal” solutions within their com- common reasons, and qualified arbitrators munity.60 As well, some religious extrem- or mediators applying norms which equally ists and traditionalists openly argue that consider the legitimate interests of both Muslims should not accept the legal norms parties. The question remains whether the and judgements of ‘infidels’. They should mere existence of such an agreement is instead of that establish their own bodies sufficient. Certainly, within the scope of of dispute resolution and elect their own private autonomy, agreements between judges.61 Would extrajudicial dispute reso- adult and mentally healthy persons are sup- lution create a viable solution for weigh- posed to be valid and fair unless there is ing up the relevant interests of the parties any specific evidence to the contrary. How- involved, in a manner consistent with the ever, in the context of migration and societal community’s standards as well as with the segregation, formal freedom to agree or not indispensable principles of the law of the to agree can be really restricted to only one land? option, if the relevant party has to expect substantial disadvantages in social life on In general, there is a remarkable shift to- choosing the ‘wrong’ option. In addition, wards means and bodies of extrajudicial according to oriental traditions, the ‘weaker’

59. Cf. Badawi, Zaki, ‘Muslim justice in a secular state’, in King, Michael (ed.) 1995. God’s Law versus State Law, London: Grey Seal; ‘Simonet, L’étranger entre deux droits : les facteurs d’adhésion des populations étrangères aux systèmes judiciaire et juridique français’, in Kahn (ed.), op.cit., p. 118, n. 35, pp. 139 ff. ; Rude-Antoine, op. cit., p. 161. 60. Cf. Shah-Kazemi, Sonia Nurin. 2001. Untying the Knot. Muslim Women, Divorce and the Shariah, London: Nuffield Foundation, p. 47. 61. Cf. Ibn Baz and Uthaymeen. 1998. Muslim Minorities: Fatwa Regarding Muslims Living as Minorities, Houns- low, UK: Message of Islam, esp. 71 ff.; the Fiqh Council of the Muslim World League on its 16th session in Mecca, reported in ‘A message from Muslim scholars to Muslim Minorities in the West’, Daawah, No. 4, 1422 A.H./Feb. 2002, pp. 8, 11. See also the comments of the Muslim lawyer Khaled Abou El Fadl, 2001, Speaking in God’s Name. Islamic Law, Authority and Women, Oxford: Oneworld Publications, p. 269 p. 170: ‘I confess that I find the virtual slavery imposed on women by the C.R.L.O. [the Saudi-Arabian Permanent Council For Scientific Research and Legal Opinions] and like-minded special agents to be painfully offensive and unworthy of Shari’ah. To claim that a woman visiting her husband’s grave, a woman raising her voice in prayer, a woman driving a car, or a woman traveling unaccompanied by a male is bound to create intolerable seductions, strikes me as morally problematic. If men are morally so weak, why should women suffer?’ 21 Dialogue + Cooperation 1/2006

party usually is not in the position to reject practice. Different legal schools and opin- proposals given by the elder (male); there- ions in the past and different legislation in fore, silence does not necessarily mean con- the present Islamic world clearly demonstrate sent.62 a wide range of substantially varying rules and solutions. For example, according to Tu- Thus, if such pressure on the weaker party nisian private international law, the applica- is not a merely theoretical threat, the offi- tion of Moroccan rules of family law (be- cial recognition of communitarian bodies fore the reforms of 2003) contradicts Tuni- for ADR and their decisions could prevent sian public order, notwithstanding the fact the weaker party from obtaining the protec- that both countries claim to have founded tion granted by the law of the land and en- their codes of personal status on shari’a rules. forced by official courts. Formal equality In a broader sense, Taj Hashmi, a member under conditions of material inequality usu- of the Muslim Canadian Congress, has ex- ally leads to the preservation of inequality. pressed concern that adopting shari’a law As mentioned above, despite various re- ‘may legitimise the excesses of shari’a com- forms in several Islamic states, Islamic law mitted elsewhere in the Muslim world’, and of personal status does not grant equal rights that shari’a in its present form is ‘neither Is- to females and non-Muslims. We should lamic nor Canadian in character and spirit’. certainly reject the simplifying picture of On the other hand, the suggested applica- Muslim women being suppressed and pow- tion of a ‘watered down version of Muslim erless victims in general. The German Su- personal law’65 would lead to the question: preme Court63 has clearly stated that there why not apply the law of the land and indi- is no room for the presumption of Turkish vidually use its scope and means of private wives living in a “typical Muslim marriage” autonomy? being deprived of autonomous decision- making in daily life. Nevertheless, remain- In the present situation in Europe, an ex- ing problems, often caused by cultural traordinary example of law influenced by motivations, are obvious and openly dis- Islam is England, where an ‘angrezi shariat’ cussed among Muslims themselves. The (English Shari’a) is obviously developing.66 commissioner for women’s affairs of the This seems to be due to the fact that many Central Council of Muslims in Germany has Muslims in Britain still have strong family stated in an interview: ‘Islam is not in need ties in their native countries on the Indian of a commissioner for women’s affairs. It is subcontinent governed by religiously ori- not Islam who suppresses women, but men. ented laws in matters of personal status.67 And therefore Muslim women are indeed In some cases, mainly concerning family in need of a commissioner for women’s af- relations, they seek socially acceptable so- fairs.’64 In addition, it has to be noted that lutions for legal problems within the Mus- shari’a and ‘Islamic family law’ are far from lim community with the aid of accepted being a clear and consistent body of rules in mediators. The Islamic Shari’a Councils in

62. This was already acknowledged by many Muslim legal scholars in the Middle Ages, discussing whether consensus (as a legal-religious source) can be achieved without explicit statements; cf. Jokisch, Benjamin, ‘Igtihad in Ibn Taymiyya’s Fatawa’, in Gleave, Robert and Eugenia Kermeli (eds.) 1997. Islamic Law. Theory and Practice, London: I.B. Tauris & Co Ltd, pp. 119, 126; Salqini, Ibrahim. 1984. Usul al-fiqh, Damascus, p. 85. 63. BGH NJW 1999, 135. 64. “Verschleiert, aber selbstbewußt”, FAZ v. 27 February 2001, p. 14. 65. An expression used by Syed Mumtaz Ali, the main promoter of the establishment of an Islamic arbitration board in Ontario, Canada, in an interview on 2 February 2005 (‘Sharia for Canada’, viewed on 15 September 2005 at http://www.abc.net.au/rn/talks/8.30/relrpt/stories/s1334120.htm). 66. Cf. Pearl and Menski, op. cit., ch. 3-81. 67. Cf. Shah-Kazemi, op. cit., n. 60; Rohe, ‘Religiös gespaltenes Zivilrecht’, op. cit., pp. 409, 415. 22 Europe: Muslims and the Secular State

England, which have been established since land. Certainly, the individual personal sta- 1980-82, seem to be examples of such a tus is a solely ‘private matter’. Neverthe- kind of mediation.68 The councils do not less, the institutions of the law of personal have an official function, but are occupied status and especially the balance of rights especially with mediation in the area of the and duties among the persons involved do law of personal status. There are frequent not only affect society as a whole, but re- cases in which a Muslim wife has obtained flect basic common convictions of this so- an English divorce which she now wants ciety concerning probably the most impor- confirmed according to ‘Islamic law’ by the tant part of social life. Therefore it is up to pronouncement of talaq (divorce) by the the local legislator to establish an order of husband, which leads to the general accept- personal status which fulfils the most promi- ance of the decision in the social environ- nent task of legal orders by granting peace ment within or outside the country. Simi- in society. Thus, on one hand extrajudicial larly, very often husbands refuse to divorce dispute resolution can serve as an instru- although the wife wishes to do so while ment to achieve socially accepted solutions being reluctant to start divorce proceedings within a community living in far-reaching in the civil courts.69 Even if the matter does segregation from society as a whole. On not go to the civil court, the council’s deci- the other hand, members of this commu- sion may become important; it is not le- nity who refuse to use the community’s gally enforceable in England, but it seems special bodies for conflict resolution may to be recognised in the state of origin as easily face reproaches of undermining the well as within the religious community.70 community’s position, of being a ‘bad’ Convincing the husband to pay the mahr member. Accepting such communitarian (dowry) constitutes a further possible task bodies would thus lead to an ongoing cul- for the council. The decisions of the coun- tural segregation and to a ‘culturalisation’ cil appear to be based on a relatively re- of individuals seeking their individual ways form-oriented approach to the legal sources, within broader society. but maintain the traditional framework of Islamic law, including the unequal treat- It is remarkable in this context that the ment of sexes and religions in general. Central Council of Muslims in Germany Thus, the English legal system does not re- declared in its charter on Muslim life in main untouched by such proceedings: for German society on 20 February 2002 (‘Is- example, in some Islamic states there is a lamic Charta’72) that Muslims are content possibility for wives to obtain a divorce in with the harmonic system of secularity and court on the basis of the khul’, which is a religious freedom provided by the consti- contractual or statutory right.71 The wife, tution. According to Article 13 of the char- however, must then pay back the dowry, ter, ‘The command of Islamic law to ob- which will very often have been intended serve the local legal order includes the ac- to serve as an old-age pension. This some- ceptance of the German statutes governing how rewards the husband’s persistence in marriage and inheritance, and civil as well refusing a divorce, which is not acceptable as criminal procedure’. In the Swiss can- according to the standard of the law of the ton of Zürich, the Union of Islamic Or-

68. Pearl and Menski, op. cit., ch. 3-81 ff., particularly 3-96; Badawi op. cit., p. 75; Shah-Kazemi, op. cit. 69. Cf. Lewis, Islamic Britain, op. cit., p. 119, regarding the circumstances in Bradford. 70. Cf. Pearl and Menski, op. cit., ch.. 3-100. 71. Cf. Rohe, Mathias, Die Reform des ägyptischen Familienrechts, StAZ 2001, pp. 193; Pearl and Menski, op. cit., ch. 3-100. 72. An English version can be found at http://www.islam.de/?site=sonstiges/events/charta&di=en (viewed on 30 January 2004). 23 Dialogue + Cooperation 1/2006

ganisations in Zürich has expressly stated of traditional Islamic family law. He even in its basic declaration that it does not in- argues that the traditional punishment for tend to create an Islamic state in Switzer- adultery—flogging or stoning to death— land, nor does it place Islamic law above should be applied to Muslim women in Swiss legislation (Sec. 1). 73The union also Germany (!) who are married to a non- expressly appreciates Swiss law of marriage Muslim, even if they are unaware of the and inheritance (Sec. 5.). Similarly, the re- ‘applicability’ of these rules in their cases.78 nowned French imam Larbi Kechat has He denounces the German system of so- stated, ‘Nous sommes en harmonie avec le cial security as an evil, because it grants cadre des lois, nous n’imposons pas une loi wives independence from their husbands’ parallèle’.74 According to experiences in maintenance payments and thus enables Belgium also, the vast majority of Muslim them to ‘disobey’ their husbands.79 The women living between the rules of Muslim danger of empowering such persons by of- family law and women’s rights claim the ficially accepting them as arbitrators and protection of Belgian substantive law.75 One opening ways for them to funds is obvious. of the few voices publicly demanding the In sum, except in the UK, the European introduction of Islamic law and Muslim way of dispute resolution among Muslims arbitration in Germany is the extremist is not communitarian, but the ‘common’ founder of an Islamic centre in Berlin. In a way of either formal judicial or simply in- book on ‘The Rules of Personal Status of formal dispute resolution. The range of di- Muslims in the West’,76 he constantly de- versity granted by the law of the land itself clares non-Muslims to be infidels and re- seems to meet the needs and creeds of the jects German legal rules and judgements as overwhelming majority of Muslims in Eu- ‘rules of infidelity’.77 Consequently, he urges rope quite well. Muslims in Germany to maintain the rules

IV. Conclusion

European legal orders are facing the new between the two poles of assimilation and challenges of religious diversity (mostly due segregation. to immigration) with a mix of elements

1. Aspects of assimilation/integration

The legal order territorially applicable in the similation/integration on the basis of secu- country of immigration finally decides con- lar legal orders bound by constitutional prin- flicts between its own rules and those of the ciples with respect to the protection of hu- immigrant’s ‘native’ orders—a model of as- man rights, democracy and the rule of law.

73. Vereinigung der Islamischen Organisationen in Zürich (VIOZ), Grundsatzerklärung v. 27.03.2005. 74. ‘Larbi Kechat: le coran a été relevé au VIIe siècle: dans le contexte socioculturel de l’époque, entretien réalisé par Guy Gauthier’, in Panoramiques, No. 29 (2e trimestre—1997), L’islam est-il soluble dans la République, pp. 183, 189. 75. Cf. Foblets and Overbeeke, op. cit., p. 34. 76. Salim Ibn VAbd al-Ghani al-Rafi’i, ahkam al-ahwal al-šakhsiya li-l-muslimin fi al-gharb, Riyadh 2001. Cf. Rohe, Mathias, 2005, Islamisten und Schari’a, in Berlin, Senatsverwaltung für Inneres, Islamismus, Berlin, pp. 98, 109 ff. 77. al-Rafi’i, op. cit., p. 618. 78. Ibid., p. 394. 79. Ibid., p. 79. 24 Europe: Muslims and the Secular State

The model of legal assimilation intrinsically This represents a system of individual rights implies legal protection of the minority, rather than a system of personality (legal especially the protection of human rights, segregation according to the adherence to including freedom of religion against state a certain religious community) with respect interference, but to a certain extent also to the application of religious rules. actively granting participation in society.

2. Aspects of segregation/acculturation

With respect to ‘international’ concepts of certain cases and situations. Even in the living, in the field of private international field of law, a large proportion of rules in law (conflict of laws), especially in family both the traditional Sunni and Shi’i schools law and law of succession, the ‘native’ legal are founded upon secondary legal findings rules can be applied within the limits of such as interpretation and conclusions on public policy, which is a model of partial the basis of human reasoning. The state- segregation. Given the fact that most of the ment that only God can be the legislator, immigrants to Germany and Europe intend which has been formulated by many aca- to stay permanently in their new home demic lawyers, is thus very restricted in country, legislation should consider this new practice. From the early times of Islam, residence to be the most appropriate con- human beings interpreted the divine stat- necting factor for the application of sub- utes and developed norms of application. stantial law in civil matters rather than the It may be cautiously said that there is not a state of origin. single binding provision in Islamic law that can be applied without such interpretation, Important parts of substantive private law and interpretations can change as human (e.g. contract law, including matrimonial beings and their living conditions do.80 The contracts) grant freedom of legal self-deter- plurality of opinions within Islamic law is mination according to individual prefer- evidence for this. Furthermore, for more ences. than 100 years and often in older times extensive efforts have been made to create In some areas of law, a number of Euro- a broad forum for the application of inde- pean legal orders integrate former ‘foreign’ pendent legal reasoning (igtihad).81 This has legal identities—a model of partial integra- allowed a certain reserve of flexibility, which tion by legal segregation (e.g. ‘Islamic mar- is necessary for legal practice to be accu- riage’ rules in Spain, ‘Islamic mortgages’ in mulated so that an adequate response can the UK, ‘Islamic bonds’ in the German state be made to the situation of Muslims in the of Sachsen-Anhalt). diaspora. I would like to quote a European Muslim here: ‘... we had very vital, very Regarding the self-definition of Muslims alive, very evolving jurisprudential activi- adherent to Islamic norms in Europe, there ties up to the fourth century of Islam. Then are two main aspects to be kept in mind. suddenly the community was declared to First, there is no body of legal or religious go brain dead. No longer are we allowed to rules laid down in laws or canons of reli- develop our ideas. For it became doctrine gious obligations, but rather a system of that everyone must follow one of the present identifying rules and then applying them to current schools. I believe that our crisis

80. Cf. Youssef Seddik, ‘Avon-nous jamais lu le Coran?’, Espri,t No. 239 (1/1998), p. 99. 81. Cf. e.g. Ramadan, T. 1999, To be a European Muslim, Leicester, pp. 82, 93. 25 Dialogue + Cooperation 1/2006

starts from this point.’82 not only theoretically, but in daily life. The adversaries of this kind of constitutional Second, Islamic norms are not necessarily order are to be found among Muslim ex- considered valid and binding at every time tremist groups like Khilavet Devleti, Hizb and place, but are subject to interpretation al-Tahrir or Murabitun as well as among whether and to what extent they have to be right- or left-wing radicals, extremist femi- applied. Some, for example, applied only nists, Christian fundamentalists and sim- to the wives of the prophet of Islam, ple racists (who are sometimes to be found Muhammad; others are aimed at the non- united in strange alliances). All Europeans Muslim population of the Arabian penin- should remember that freedom of religion sula in the first century A.H. Only a rela- and therefore religious pluralism is an in- tively small number of rules are taken to be tegral part of liberal European constitutions, binding at any time and place. These rules and that everybody who is willing to re- mostly concern the individual relation be- spect the rule of the land should enjoy this tween God and man, the core of belief it- freedom self—the so-called five pillars of Islam. But even in this field, Muslims have found and Let me end with the words of the former developed interpretations which allow them president of the European Commission, to arrange their living conditions in a soci- Romano Prodi, concerning the dialogue of ety which is predominantly non-Muslim cultures: ‘It is not the matter just to pas- (e.g. in the field of delaying or contracting sively experience events and to accept a the obligatory prayers). Furthermore, these cultural uniformity within which the val- rules are not enforceable in this world and ues and the will of the strongest would be are therefore restricted to the relations be- imposed on the rest. The European Union, tween God and man. a singular example of democratic constitution and integration of different cultures, In this sense, the task in Europe would be can prove that there is an alternative for- to define rules for Muslims there in accord- mula to cultural uniformity or domination: ance with the indispensable values of de- a dialogue which respects different cultures mocracy, human rights and the rule of law and their representatives, as long as these governing European legal orders. Within different cultures are ready to respect the the framework of these orders, Muslims fundamental values of man.’83 have to be enabled to practise their beliefs

82. Badawi, op. cit., p. 73. 83. ‘Valoriser l’héritage culturel commun!’, Le Figaro, 4 April 2002, p. 14. This would exclude racial, religious or political hatred, also of the sort to which I personally became victim two years ago—during the days of the terrible outbursts of violence in Palestine and Israel—in a metro station in Paris, when I was attacked by two North African youngsters with tear-gas because they supposed me to be an American, probably because I was reading a German (!) newspaper. I have to add that this obviously has nothing to do with religion, but with mere racism. 26 The Secular Nature of Law in Islam: A Basis for Democracy The Secular Nature of Law in Islam: A Basis for Democracy

Mohammad M. Shabestari*

‘Islam and Democracy’ is a wide-ranging namely the concept of ‘law’, one may con- and controversial subject. There are many clude that today’s Muslims can indeed rec- Muslim and non-Muslim scholars and poli- oncile Islam and democracy. I am further ticians who believe the two are irreconcil- of the opinion that the nature of law in Is- able. But there are also some scholars and lam, seen historically and from a jurispru- politicians who see them as potentially com- dential standpoint, can be understood as patible. Within this second group there are secular (here meaning mundane or intra- those who assert that the essential features worldly, and not the opposite of sacred). and values of democracy can be largely found This rational understanding is firmly an- in Islamic texts and traditions. As a scholar, chored in Islam and can, I believe, create I find this latter opinion unsubstantiated. for Muslims the possibility of building de- However, I do believe that with regard to a mocracy while still retaining their tradi- central concept in Islamic jurisprudence, tions.

Differing Conceptions of Law

To back this assertion, I must offer some the reality of human life and through tradi- explanation as to the nature of law in Is- tion, and a conception of law as duty pre- lam. Many have claimed that Islamic legal scribed by God. These varying interpreta- thinking has been historically preoccupied tions belie any notion that Islamic legal with law solely as the expression of God’s thinking has always been homogeneous and commandments and prohibitions, that it solely defined by God. In the Quran, the belongs to God alone to determine the na- prophetic tradition and the history of Is- ture of law and that humans have no right lam, there are many indications that Islamic to subject it to rational analysis and then legal thinking has oscillated between defi- act on it in light of this analysis. The na- nitions of law as a human matter and as an ture of law is defined by God: this is an exclusively divine sphere. assertion made frequently by scholars in general and even scholars of Islam, and in The legal thinking of Muslims has varied my opinion it is wrong. over the course of history. Legal thinking during the time of the Prophet and his four Islamic jurisprudence shows us that two successors (caliphs) was different from le- differing conceptions of law have vied with gal thinking after the ninth century CE. At one another throughout the history of Is- the beginning of the 20th century, many lam: a conception of law as emanating from kinds of legal thinking were occasioned by

* Dr. Shabestari is professor and head of the Department of Theology and Sects, Centre for the Great Islamic Encyclopaedia, Tehran, Iran. 27 Dialogue + Cooperation 1/2006

constitutional movements that arose religion, reason, and the institution of the through the offices of great scholars and family), (2) those who base everything on which showed marked differences from tra- the dialogue between humans and scripture ditional ways of viewing the law. In our day, and (3) those who propose a modern we are faced with three new conceptions hermeneutics of scripture. Although in all of the law, as represented by (1) those who of these conceptions religion itself plays a derive a legal ruling from the five ‘main goals’ major role, there also exist very real differ- of the shari’a (the right to life and property, ences that cannot be ignored.

Justice: A Secular Concept

Let me explain what I mean. The Quran’s pursued this goal. Predicated on this basic repeated emphasis on justice indicates that attitude of the Quran, therefore, all con- the latter must have played a central role in cepts relating to the ordering of human the development of legal thinking during society, such as justice and injustice, have the time of the Prophet. The Quran’s no- a completely secular sense. tion of justice as applied to human relations is a worldly idea based on reason, a There is a well-known saying of the Prophet secular legal concept that not only implies that no one should harm others through moral conduct towards others, but is also his or her actions. Scholars have interpreted concerned with maintaining social order. the word ‘harm’ as a secular legal term, and Islamic jurisprudence has constructed from As with many other terms in the Quran— it a juridical principle that over centuries e.g. ‘power’, ‘monarchy’ or shura (advice) has become a frame of reference for many or bay’at (recognition of a person’s author- legal rulings. ity through a binding oath of loyalty), as well as institutions such as marriage and Regarding the post-Prophet period, we also divorce, and contracts such as bills of sale— find further historical indicators that the the notion of justice embodies a completely idea of justice was understood not in any secular legal concept that even in the Quran moral-religious sense, but rather in a nar- has no specific religious sense or meaning row secular-legal one. The acrimonious behind it. Muslims understood these terms conflicts between the followers of Ali (fourth as they were originally coined before the caliph) and those of Uthman (third caliph) advent of Muhammad. For in the Quran, pivoted on the issue of social justice. Abu the world is viewed as acceptable to God, Zarr, the famous follower and close affili- not as a condemned place that can be re- ate of Ali, protested against Mu’awiya, the deemed only through revelation. first ruler of the Umayyad dynasty, under whom social injustice and poverty were Human life as well as the world’s various rampant (although some of Mu’awiya’s cultures and civilisations are a sign of God’s friends and relations became very wealthy). power and design. The Prophet did not Abu Zarr’s protest was a clear fight for so- come in order to change the world but to cial justice in the secular sense understood tell people to observe ethical principles for by Muslims at the time. The idea of justice the sake of their human happiness and not later played a decisive role in the origin of to play God themselves. That was the mes- certain legal concepts, namely, the Arab sage of the Prophet, and the Quran says notion of haqq an-nas (human law) and that all prophets before Muhammad duly haqq Allah (divine law). Thus did Islamic 28 The Secular Nature of Law in Islam: A Basis for Democracy jurisprudence divide law or haqq (in its the Abbasid caliphs as the foundation of moral, not its juridical sense) into two parts. their religious reign. These rulers not only requisitioned jurists for their administra- Human law, of course, did not simply mean tions so as to make important legal deci- what we today understand as human rights. sions, but they also were responsible for When Muslim theologians began to formu- notions of justice and law shedding their late an Islamic theology in the eighth cen- secular and rational meaning in the larger tury, the idea of justice in a human and part of the Islamic world. secular sense played a major role. These theologians—later called mu’tazilites—es- The distinguished Islamic scholar Gotthelf tablished a theological principle which as- Bergsträsser, who wrote much on the sub- 1 serted that human actions were to be judged ject of Islamic jurisprudence, believed that good or bad on the basis of reason and not this divergent definition of law was helped on the basis of divine commandments or along by political motives during a certain proscriptions. It is the rational judgement period of Islamic history: of all humans that dictates what we should or should not do. The mu’tazilites thought In their legal rulings the first caliphs cer- that all God’s commandments were a reli- tainly had no notion of adhering to ‘Is- gious support for this reason-based moral- lamic’ law. The provisions of the Quran ity and ethics. and other express principles of the Prophet were naturally respected and the new legal rulings were also in his spirit. But over- In the 10th and 11th centuries, there were whelmingly [Muslims], like Mohammad other theologians—later known as himself, unhesitatingly followed the laws ash’arites—who accused the mu’tazilites of at home and in the newly conquered prov- having transformed the Islamic religion into inces insofar as religious and moral princi- a philosophy through an overemphasis on ples allowed. reason. They asserted that actions could indeed be judged good or bad based on And Bergsträsser adds: ‘As always, law re- God’s commandments and prohibitions: mained aloof from religion; it was reli- justice was good only because God had giously neutral. A continuation of this situ- commanded humans to be just. Unfortu- ation could have led to a law that was partly nately, over time this kind of thinking fre- influenced by teachings on religious duty quently led to a rejection by Muslims of but one largely evolving from practical ex- the notion of justice in a secular, human perience. This development was derailed and rational sense. After the ninth century, by political conditions prevailing at the this non-reason-based thinking was used by time.’

Law’s Human Yardstick

Hence, the law’s human meaning was the pre-Abbasid period and in those re- sloughed off, and throughout the history gions free of Abbasid influence, we must of Islam many continued to assert that the first examine Islamic civil law, from which law was only that which was defined by jurists derived several principles. We must God as law. In order to trace the secular go to those laws that Muslim legal experts and rational meaning of justice and law in have assembled under the title General

1. See, for example, his Grundzüge des islamischen Rechts. Berlin: W. de Gruyter. 1935. 29 Dialogue + Cooperation 1/2006

Principles of Islamic Jurisprudence (al- Hossain Naini, who wrote a book on the qawa’id al-fiqhiyya). There are several subject,2 believed that a constitutional or- books on the General Principles by Islamic der was indeed compatible with Islam. A jurists. Many of these principles belonged closer examination of the negative disposi- to Islam’s ritual religious duties, but they tion of Sheikh Nuri and the positive argu- were mostly part of civil law. This civil ments of Naini reveals that these two schol- law had nothing to do with religious be- ars had two differing interpretations of the lief, and was understood by Muslims pre- nature of law in Islam. Nuri believed that cisely in the sense that non-Muslims un- the form and meaning of the law could be derstood it. revealed only by God, whereas Naini believed that humans have a right to choose Muslim jurists who follow the five main their social order so long as there is no clear principles of the shari’a in deriving their contradiction of religious commandments legal rulings believe that all prescriptions and strictures. of the Quran and the prophets were intended to protect and preserve the five most The second important development is the important things: human life, human rea- notion of ‘dialogue’ in Shi’ite legal think- son, the institution of the family, property ing. The founder of this dialogical method- and religion. In their opinion, every legal ology was Sheikh Mortaza Ansari (d. 1864), ruling in Islam (fatwa) should take into ac- who lived in what is now present-day Iraq count the extent to which it is in accord and was a specialist and theoretician in the with these five principles. area of Islamic jurisprudence and legal rulings. His efforts to give a scientific basis to One can clearly observe in such legal rul- jurisprudential methods succeeded in es- ings how human life was the yardstick for tablishing certain guidelines. He attempted understanding religious prescriptions and to describe under what conditions God can a vital source of law in Islamic jurispru- speak to humans and oblige them to do his dence. This notion was first voiced by al- will. The principle he laid down was that Ghazali (1058-1111) and al-Shatibi (d. humans are obligated to God only when 1388), and in our time has been put for- they have attained an unambiguous under- ward by various scholars as a method for standing of his commandments or prohi- reforming the Islamic legal system. bitions.

I would like here to look briefly at two de- Establishment of this principle generated velopments that were important for the le- many epistemological questions regarding gal thinking of Muslims. The first is the legal rulings. In his famous book, Meth- constitutional movement that began in Iran odological Principles of Islamic Jurisprudence almost 100 years ago, in which the great (fara’id al-usul), Sheikh Ansari went into de- Shi’ite savants in Iraq and Iran split intel- tailed discussion of these problems, arriv- lectually into two groups. The group under ing at the conclusion that humans are ca- the leadership of Sheikh Fazlollah Nuri (a pable of achieving a fundamental and un- great scholar) believed that a constitutional equivocal understanding of at least some order was a human invention that could of God’s commandments and proscriptions. not be reconciled with Islam and therefore He felt that this understanding should serve had to be avoided. But the second group, as a basis for the entire Islamic legal sys- under the leadership of Mohammad tem. Sheikh Ansari clearly showed that

2. Tanih al-Umma via Tazik al-Milla (Admonition to the community and exposition to the nation). 1909. 30 The Secular Nature of Law in Islam: A Basis for Democracy humans are important and that the nature In my opinion, it is precisely here that a of law is closely tied up with their ability to certain legal thinking can emerge that seeks understand it; God can place no obligations to pursue the nature of law on a herme- on humans when human understanding can neutical basis; I see this as a dialogue be- draw no indubitable conclusions regarding tween God and scripture and humans—a what precisely those obligations might en- project, unfortunately, that has not yet been tail. fully realised.

An Opening for Democracy

In conclusion, I believe Muslims today have open to criticism and reform. They can the theoretical possibility of reforming their interpret their scriptures in such a way that legal system and establishing democratic Islam’s divine revelation may be separated states based on the secularity and human- from their historical form. Through such a ity of law in the Islamic tradition. Muslims hermeneutical approach, they will find room have the possibility of regarding the present enough in their world for democracy and Islamic legal system as a historical legacy human rights.

31 The Evolution of the European Secular State The Evolution of the European Secular State

Donald Sassoon*

1. The Official Story

In the present ‘clash of civilisations’ climate, the forces of religion, above all Islam, de- the question of the relation between church termine laws and rights. Europe stands also and state has been declared resolved in con- in contrast to the United States, where pow- temporary European official narratives. The erful fundamentalist groups exercise a dis- state, and with it democracy and human proportionate hold on politicians. Imagine, rights, has won. The era of obscurantism is it is often remarked, how poor would the over. Religion has been relegated to the chances of a future US presidential candi- sphere of private life, where it belongs. The date be if he or she declared, ‘Personally, I democratic state defends religious rights, for do not care much about religion’. these are human rights too, but it does not allow religion to impose its view of the world There is also another country which is on all the citizens. Religious morality may Western in origin but which is seldom have influenced public morality, but it has mentioned in such debates, probably be- no greater right than the views of other cause of Europe’s guilty past: Israel, a coun- groups. Individuals’ rights to pursue the re- try whose identity is based on religious iden- ligion of their choice is defended, but reli- tity, whose immigration policies are based gion has no purchase on public policy. Its on religious belonging and where disputes status has been defined by Article 9 of the about boundaries are often discussed in European Convention on Human Rights of terms of what the Bible says. 1951, which guarantees everyone ‘the right to freedom of thought, conscience and reli- The religious question may be wide open gion; the freedom to change religion, the in the Islamic world, it still inflames the freedom of worship and observance’. hearts in America’s heartlands, but, in Eu- rope, all this is in the distant past, in the There may still be some disagreements as Middle Ages. to when, historically speaking, the solution of the church-state relation was finally There are dissident voices who do not buy reached. And it is occasionally recognised this rosy picture: post-modernists who are that some aspects of this relation may need suspicious of the Enlightenment; histori- to be tidied up. Otherwise the good news ans who know that history seldom proceeds is that the mission of the Enlightenment in a straight line. But, on the whole, the has finally been fulfilled. Reason has pre- picture that prevails in the media and in vailed. the consciousness of the average European is one of rosy self-congratulation—not all Blessed Europe—according to this view of which is unwarranted. and if one can use such terminology—stands in sharp contrast to other societies in which The official story unfolds thus: nation-build-

* Professor of Comparative European History, Queen Mary, University of London. 33 Dialogue + Cooperation 1/2006

ing required a compromise between secu- and take into account developing aspira- lar and religious authorities. In practice this tions of modernity, it often dragged reli- compromise rested on the adoption, fol- gion along. Eventually the dominant reli- lowing the Peace of Westphalia (1648), of gion lost only some of its privileges, but a principle of coexistence: the secular au- slowly and gradually. This was particularly thorities offered protection to a state reli- the case in some of the Nordic countries gion, granting determinate privileges while as well as in the United Kingdom. But while tolerating as subordinate or second-class in Scandinavian countries there were domi- citizens those belonging to minority reli- nant state religions, in the United Kingdom gions. In most cases, both majority and the ‘state religion’, the Anglican Church, minority religions were variants of Chris- never succeeded in establishing its domi- tianity. nance in Scotland, Ireland and Wales. Brit- ish nation-building had to be aware of this. Eighteenth century Europe knew three It could use Christianity to build a nation mono-religious areas: an Orthodox area in and an empire but it could not use just the east, a Catholic area mainly in the south Anglicanism. and a Protestant one mainly in the north. To this we should add areas where there In Ireland, of course, the existence of a were competing loyalties. The map today Catholic majority (in the island as a whole) is not remarkably different in spite of two coexisting with a Protestant minority centuries of secularisation. The stability of made nation-building difficult. The solu- religions (though not the stability of reli- tion would have been to leave aside religious feelings) is remarkable. gious identity as a nationalist force—an unlikely prospect once Charles Parnell, the In the United Kingdom today, it has been leader of Irish nationalism in the 19th cen- estimated that Catholics are 10 percent of tury and a Protestant, was defeated—and the population, Muslims 4 percent. In Swit- later impossible without some form of zerland and Germany, Catholicism and partition or subjugation or ethnic cleans- Protestantism are more or less equally bal- ing. In Scotland a Presbyterian establish- anced. Two-thirds of Hungarians are Catho- ment emerged. In Wales the Anglican lic. In the Netherlands there is a small Church was disestablished in 1869 and majority of Catholics. In the Czech Repub- was, anyway, always challenged by more lic, Catholics prevail over Protestants by a popular forms of Christianity (the so-called ratio of 8 to one, but 37 percent of the ‘non-conformists’ such as the Methodist population has declared themselves athe- Church). While in the United States the ist. The existence of atheism as a category plurality of religions led to the separation recognised in censuses and opinion polls is of church and state (so that no single reli- the main aspect that would distinguish a gion would prevail), in Great Britain reli- religious map of Europe today from one gious tolerance within a dominant church two centuries ago. The political map of was a reflection of the weakness of the Europe, by contrast, has changed enor- church. mously since 1806. But Europe has also a multiplicity of mod- Post-Westphalia Europe gave considerable els. In two ‘mixed-confession’ countries powers to dominant religions, for these ei- where Catholics and Calvinists coexisted— ther were already part of the political es- the Netherlands and Switzerland—distinc- tablishment or became part of it. Of course, tive systems of power sharing system came matters never stand still. Where the politi- to be established to avoid destabilising con- cal establishment was able to reform itself flict. 34 The Evolution of the European Secular State

In the 19th century, the main obstacle to constitution of 1948. nation-building, however, appeared to be the Roman Catholic Church. The nature In some cases, France and Spain for in- of this obstacle could be seen by the preva- stance, the clash took violent, revolution- lence of secular anti-clericalism as a ‘state ary forms (the French Revolution, the Paris religion’ in Catholic countries (Spain, Commune, the Spanish Civil War). In oth- France and Italy) and the Kulturkampf ers, as in the United Kingdom, it was more launched in Germany by Bismarck in the gradual but more lengthy. In France the 1870s against the Roman Catholic Church. Declaration of the Rights of Man and of the Citizen (Declaration des droits de l’homme There were exceptions: in Ireland, Poland et du citoyen), the revolutionary manifesto and Belgium nation-building or, rather, adopted on 26 August 1789 by the National nationalism, went hand in hand with alle- Assembly of France and written principally giance to Catholicism against dominant by a priest, Emmanuel Sieyès, gave equal powers or excessively powerful neighbours. rights of citizenship to Jews and Protestants. For Irish nationalism, the enemy was Eng- In Britain Catholics had to wait for the land with its Anglican establishment; for Catholic Emancipation Act of April 1829 Polish nationalism, it was the twin threat to be allowed to hold political office. Jews of Protestant Prussia and Orthodox Rus- had to wait longer: on 26 July 1858, Lionel sia; and for Belgian autonomy, it was the Rothschild, who had been elected several Netherlands with its Calvinist establish- times to the House of Commons but who ment. Similarly, the strength of Orthodoxy had been unable to take his seat because in Bulgaria and Romania can be taken to he refused to swear allegiance ‘as a Chris- reflect the importance of protecting ethnic tian’ was finally allowed, against the resist- and national identity against the Ottoman ance of the House of Lords, to take his Turks. seat. The prime minister at the time was Disraeli, a Jew who had been baptised. In other words, religious conflicts were always connected to other political and so- The democratic principle of equality was cial questions. This is clearly evident in the unacceptable to 19th-century religion be- case of Italy. One of the most formidable cause Orthodoxy, Catholicism and Luther- obstacles to Italian unity was the papacy, anism had a common prejudice: namely which directly controlled large tracts of land that those who resisted inclusion in the in central Italy, including Rome. Pope Pius church and submission to its teaching IX had asserted in the Syllabus of Errors should be excluded from society and sub- (1864) that the church was a true and per- jected to numerous indignities and punish- fect society, that ecclesiastical power should ments. Each religion, of course, accepted exercise its authority without the permis- the principle of the equality of all before sion of the civil government, that civil law God, as long as it was the ‘right’ God. The could not prevail over church teaching and history of the clash between religion and that there should be no acceptance of secularism thus took the form of a political ‘progress, liberalism and modern civilisa- clash. Since the principle of equality was tion’. The unification of Italy was further also rejected by the dominant classes, there condemned by the church when Italian was a real political and material basis for troops marched into Rome in 1870. Peace an alliance between dominant religion and between the Italian state and the church dominant classes. had to wait until 1929, when the Fascists made a compromise with the Vatican. This As Rokkan suggested more than 35 years compromise was enshrined in the Italian ago in his pioneering Citizens, Elections, 35 Dialogue + Cooperation 1/2006

Parties,1 in western Europe the ‘church vs. is only relatively recently that Catholic, secular state’ division became translated Protestant and Orthodox churches have into a party system. Thus secularism never accepted the idea of liberal democracy and simply emerged to conquer all. At every human rights, realising that this guarantees historic turn it had to compromise. And it them religious freedom.

2. The Reality

The optimistic version of the secularisation fact that a church is seen as a more excit- of Europe is not wrong, but it should be ing venue for rituals than the drab offices modified in two directions. Secularisation of many town halls. But even though statis- is a recent achievement and is not com- tics are to be taken with some caution, the plete. Moreover, the existing compromise overall trend (see Table 1) points to a de- was one between well-established religions cline of religion. The most visible excep- and new and old states. The compromise tions can be easily explained. There are does not take into account the growth of more Orthodox in 2000 than in 1970, and an important religious minority in a Catholicism appears stable over the last 30 number of European countries: Islam. years, but this is probably due to the reluc- tance of religious people to declare their Far from being completed, the separation allegiance when the official doctrine of the between church and state in Europe is nei- (communist) state was inimical to religion. ther uniform nor general, even though reli- It is now the case that there is a decline of gion is on the decline in most of the conti- Catholicism in Poland since religion has nent. Here it should be said that the statis- exhausted its main political function, that tics we have to deal with are unreliable. of galvanising popular opposition to the Our main sources, opinion polls and cen- regime. There is also an increase in the small sus reports, often simply ask whether some- Muslim population, attributable, I assume, one belongs to a religious denomination largely to immigration. Finally, there is a without distinguishing between nominal drop in the number of Jews due largely to membership and active participation in the genocide of the second world war and, religious practices. In France in 1986, 81 to a smaller extent, to greater assimilation percent of the population called themselves attributable to the virtual disappearance of Catholic, but it was evident that this iden- anti-Semitism in Europe. tification did not entail Catholic religious There are many other indices that would practice. This became evident when another seem to conform to the view that the ap- poll, conducted only eight years later, found peals of religion are declining throughout that only 67 percent referred to themselves the old continent. The birth rate in Italy, as Catholics (2 percent were Protestant, 1 for instance, is now down to 1.3, below percent Jewish, 2 percent Muslim and 23 reproduction level. This is the lowest in percent without religion), and only 10 per- Europe, perhaps the lowest in the world. It cent of the population declared that they is obvious to all except the most naive that practised a religion, while 44 percent said this is not due to a decline in sexual con- they never prayed. People often marry in tacts but to the widespread use of contra- church and baptise their children, but it is ceptives in disregard of the teachings of the difficult to assess whether this is due to church. Yet Italy is overwhelmingly Catho- religious belief or simply a reflection of the lic.

1. Rokkan, Stein. 1970. Citizens, Elections, Parties; Approaches to the Comparative Study of the Processes of Develop- ment. New York: McKay. 36 The Evolution of the European Secular State

religion would retreat before the inexora- Table 1: Confessional Adherence ble advances of science, technology and in Europe (%) material progress. If that were true, then R0eligion 1090 1097 200 there should have been a regress of religion in the USA as well. C5hristians 914. 785. 76. Yet the truth of the matter is that the United Roman States has a far greater separation between 414.9 329. 39. church and state than most European coun- Catholics tries. In the United States no religious O8rthodox 235. 176. 21. school receives any direct subsidy from the state, whether federal or state. In Europe P8rotestants 154. 162. 10. the central government provides lavish sub- sidies to religious schools in Belgium, Den- A2nglicans 65. 47. 3. mark, Finland, Germany, Greece, Iceland, Norway, Spain, Sweden and Switzerland J5ews 27. 04. 0. and indirect aid in the form of various special concessions in the United Kingdom, M3uslims 27. 23. 4. Portugal and Italy. France may ban religious symbols in state schools, but it also subsi- P6op. (m.) 4402. 6956. 728. dises religious schools and religious hospitals. In fact, the separation of church and Source: Barrett, D., G. Kurian and T. Johnson. 2001. state is more prevalent in Turkey, where World Christian Encyclopedia: A Comparative Survey of the vast majority of the population is Mus- Churches and Religions in the Modern World. Oxford University Press, Tables 1–4 lim, than in France.

In the United Kingdom, it is generally ac- Everywhere in Europe, there is a growth of cepted that the number of actively religious births outside of wedlock, a spread of maga- people, leaving aside the Muslim commu- zines and newspapers showing scantily clad nity, is less than 2 million, fewer than those women and other manifestations of the kind who regularly play darts in pubs. of permissiveness that is condemned by religious people. Existing legislation protecting the Anglican Church, however, is slow to disappear. It That Europeans are less religious is not was only in 2001 that the ban on the elec- doubted by anyone. Many, in fact, contrast tion of priests was lifted. The archbishop this to the religious revival in the USA— of Canterbury and 25 other senior bishops the power of a fundamentalist lobby that is of the established church sit in the upper able to keep creationism on the agenda as chamber of the legislature, the House of an alternative to (or as coexisting with) the Lords. Recent proposals to reduce their teaching of Darwin’s evolution in biology, numbers as part of an overall reform of the the constant references to God by Ameri- Lords were rejected. The queen is not only can politicians (in contrast to his virtual the head of state but also the ‘supreme gov- absence from the utterances of even Chris- ernor’ of the Church of England; her coro- tian Democrats in Europe). nation oath compels her to maintain the established Protestant religion in the United This contrast should be puzzling to those Kingdom. The archbishop of Canterbury who regard themselves as heirs to the En- is appointed by the prime minister (acting lightenment, since it was their belief that for the queen). The still valid 1701 Act of 37 Dialogue + Cooperation 1/2006

Settlement decrees that only Protestants can abiding by the principle of the separation succeed to the throne, and that no future of church and state even though its 1937 monarch can marry a Catholic (the act does constitution invokes ‘the Name of the Most not specifically say they cannot marry a Holy Trinity, from Whom is all authority Muslim or a Jew, but this because such a and to Whom, as our final end, all actions possibility did not even enter the minds of of both men and States must be referred’, the drafters of the law in 1701). and, until 1972, also recognised ‘the special position of the Holy Catholic Apos- There are, in Britain, blasphemy laws which tolic and Roman Church as the guardian are applicable only to those who blaspheme of the Faith professed by the great major- against Christianity. To blaspheme against ity of the citizens’. Muslims or Jews is okay. Each working day in Parliament starts with prayers. Christi- In fact, most of the most important secular anity dominates all the religious pro- actions of European states are extremely grammes broadcast by the BBC. recent. Divorce legislation was introduced for the first time in Italy in 1970, in the In Germany the basic law of 1949 repro- 1980s in Spain and Portugal and in Ireland duced the articles of the 1919 Weimar con- only in 1997. Abortion was legalised in stitution on the religious question, but while Europe only in the 1960s and 1970s or, in stating that ‘there is no state church’, it pro- some instances, even later. In Ireland it is tects Sundays and religious holidays, pre- still banned. scribes religious education as a regular subject in state schools and collects a church Homosexuality was a criminal offence in tax from all members in the Catholic and Great Britain until the 1960s. So-called ¨‘gay Protestant churches and in synagogues. This marriages’ (the civil registration of homo- is usually justified by the recognition of the sexual relations with similar tax and inher- positive role of religion in public life. itance rules as for married people) is very recent and exists only in a few European In France, where secularism is, more than countries. elsewhere, a defining feature of the repub- lican state, the long-term accommodation For a long time in Sweden, it was a crimi- with religion meant that it was perfectly nal offence for a citizen to dissent from the possible to be a practising Catholic and a Lutheran Church. Even in the 19th century, good citizen, since all the state-approved Baptists could be imprisoned, their chil- national holidays happen to coincide with dren forcibly christened and their leaders Catholic holy days (including Ascension exiled. Change there was a slow process. Day, on the 40th day after Easter Sunday, In 1860 the existence of other churches— commemorating the ascension of Christ to particularly the Roman Catholic Church heaven). Minority religions, such Judaism and the Methodist-Episcopal Church—was and Islam, have greater obstacles. officially acknowledged, although they were regarded as ‘foreign faiths’. Regulations re- In 1980 only three west European states quiring everyone to receive communion at (Austria, France and the Netherlands, to least once a year were abolished in 1863. which one should add Turkey) could be coded as secular in the sense that the state The issue of separation between church and promotes neither religion nor irreligion, state was discussed in Sweden throughout while many others were constitutionally most of the 20th century. The 1958 Church committed to supporting religion and/or and State Commission produced volumes religious institutions. Ireland claims to be of studies of ecclesiology, religious liberty, 38 The Evolution of the European Secular State public registration, financial issues. By 1968 a more puzzling situation. The four coun- the investigation had been completed, and tries in Western Europe with the most lib- the final report drew up various models for eral abortion regime (Denmark, Finland, the future relationship between the Church Sweden and Norway)—defined as the de- of Sweden and the state. A new commis- cision entirely belonging to the woman sion was appointed and delivered its ver- within a legally established period—all have dict in 1972. The actual change—a series established churches. Secular France and of modifications of importance only to the the Netherlands share with countries with clergy and to their ever dwindling follow- a partially established church (Austria, Bel- ers—finally became law on 1 January 2000. gium, Italy, Germany, Switzerland, Portu- gal, Spain and Great Britain) a more re- Examining the formal arrangements be- strictive legislation, which allows the ter- tween church and state, however, is not a mination of a pregnancy if the woman can very good index of separation. There are, claim a situation of social distress, leaving in fact, a large number of rival indexes grad- the final decision up to the woman, or bas- ing European states on a continuum of ing it on legal criteria and others’ (usually a secular versus religious, and they do not doctor’s) judgement if these criteria are reach the same results, although most au- met. Irish women still travel to the UK to thors agree that France should be put on have an abortion, but this is no longer ille- one end of the spectrum, and the gal, as it was until recently. Scandinavian countries on the other. Yet in France the state owns all church build- Once again, excessive preoccupation with ings erected before 1905 and is responsi- the letter of the law does not provide an ble for their maintenance. Chaplains, and indication of the extent of secularism. On the Protestant, Muslim and Jewish clergy paper, British legislation is a compromise: working in prisons, hospitals and the army the law does not grant a woman the right receive their salary from the state. Catho- to terminate her pregnancy, unless her doc- lic church schools attract about 15 percent tor approves, but this coexists with a per- of the nation’s students and receive public missive practice largely due to the liberal money. attitude of doctors. The opposition to this compromise stems essentially from the es- None of this has prevented a growing tablished churches and sections of the Con- secularisation even among minority reli- servative Party. But opposition to abortion gions. It is estimated that 70 percent of couched in religious terms is not promi- Jews marry non-Jews. As for the Muslim nent. Those who oppose abortion seek to community, although, as usual, the more restrict it and not abolish it completely and radical elements receive considerable press seek to buttress their case with reference attention, the majority have become so to scientific norms (such as that abortion ‘republicanised’ that opinion polls confirm is more dangerous in the later stages of that they are barely distinguishable, in po- pregnancy or that viable life can be had litical and social outlook, from other French before birth). It is this—the use by reli- citizens: fewer than 16 percent of Muslims gious people of non-religious arguments— go regularly to Friday prayers, although a that indicates the extent of secularisation majority observe Ramadan and celebrate in Europe. Id al-Kebir—but then a majority of Catho- lics attend Christmas mass. The low profile kept by the official churches is due to their realisation that they speak If one takes abortion legislation as an infor only a minority. Thus opposition in dex of secularisation, then one is faced with France to abortion—when it was liberal- 39 Dialogue + Cooperation 1/2006

ised in 1975—was organised by groups United States presents a far more rigid il- connected to the church but not by the lustration of what a secular state should church itself. The same was the case in Italy be. Yet its public rituals and manifesta- during the debates leading to the referen- tions contain far more references to God dum on abortion,in which the church kept than is the case in Spain or Italy. The in- a low profile. This was not the case during vocation of God (‘In God We Trust’), al- the campaign against divorce in 1974, a though already on coins since the Civil campaign the church lost. War, was inserted on paper dollars only in 1956. The final lines of the national an- In Germany, however, opposition to a lib- them, ‘The Star-Spangled Banner’ (1814), eralisation of abortion by the main contain one of the earliest references to churches was more vociferous than in ei- the phrase: ‘ … And this be our motto: “In ther Italy or Britain. The first attempt to God is our trust.”’ At the same time, few reform the abortion law was introduced would dispute that religion and the reli- by the SPD-led government. The Consti- gious allegiance of politicians is a matter tutional Court ruled that the basic law of overwhelming concern in all US elec- obliged the state to protect human life, tions, while the question is seldom raised including unborn life. This, however, could in Europe. not prevent a further liberalisation after unification, when, due to the existence of In other words, in order to examine the a very liberal rule and practice in East level of secularisation, one would need to Germany (where an abortion law was examine practices rather than formal rules. passed in 1972), a compromise between This is all the more evident when it is the western and eastern abortion regimes borne in mind that secularism is not a was reached. This too was overturned by strong lobby in any European country, the Constitutional Court, until a compro- with the possible exception of France. In mise was reached in 1992, giving a broad the United Kingdom, for instance, a last- right of the woman to have an abortion as minute addition by a group of religiously long as she had counselling by lay experts inclined members of the House of Lords or church representatives. Hypocritically, inserted in the 1988 Education Act an the Catholic Church in Germany, while obligation on headmasters to make some rejecting the new ruling, and while it could references to Christianity in daily assem- not ‘advise’ any woman on any course of bly in schools. The reference is still valid action except that of keeping the child, today, even though it is often disregarded did not want to lose the opportunity to and subsequent legislation enabled head- counsel women and receive state funding masters in schools where a strong propor- for it. tion of pupils are not Christian—as is the case in many urban neighbourhoods—not Secularisation is often seen as a legal and to make specific references to Christian- political process when it should be seen as ity. Moreover, in Britain, unlike France predominantly a popular attitude. Further- and the United States, religious schools more, there is a difference when the sepa- receive state funding. ration between church and state is often a separation between the state and numer- The fall of the Berlin Wall produced a situ- ous churches—as is the case in the United ation in which religious feelings could be States, where separation coexists with a freely expressed, but it also produced a situ- pronounced religiosity. ation of considerable complexity (compared to western Europe) since the region con- Thus most people would agree that the tains Catholics, Orthodox Christians, Mus- 40 The Evolution of the European Secular State lims and Protestants. In most cases, religi- the form of a glorification of godless mo- osity is a political indicator: religion is on dernity. the right, secularism is on the left. But this is not true everywhere, for instance in the As this brief survey shows, the Czech Republic, where the right too is secularisation of the West, or, rather, of dominated by secular, even anti-clerical Europe, is the result of a very recent his- forces. In some instances, such as Russia, tory, although its roots may be traced to supporters of traditional religious values are the 19th century (there is no reason to in- also part of the nationalist and communist voke the Middle Ages). Secularism has ben- camp—all aligned against the new godless efited from a decrease in conflict in post- society of money and markets. In Poland, war Europe. In fact, where religion remains as noted above, the church is likely to de- a significant force is precisely in areas cline as the memory of the repressive anti- where national conflicts have remained a religious policies of the previous regime major component of daily life—such as fade and the glorification of the West takes Ireland or parts of the former Yugoslavia.

41 Multiculturalism and Christian-Muslim Dialogue Multiculturalism and Christian-Muslim Dialogue

Syed Farid Alatas*

The Importance of Christian-Muslim Dialogue

The history of the world during the last 1500 dialogue, the human sciences have a role years is the history of the relations between to play both in public discourse and in for- Islam and Christianity. In this respect, three mal education. This essay will focus on their observations can be made. One, Islam and role in the latter. Christianity are the only two universal religions. While it is customary to refer to Is- There has always been a need for dialogue lam, Christianity and various other reli- among civilisations; the events of 11 Sep- gions as world religions, it is really only tember and after have simply reiterated this Islam and Christianity that have shown need. Despite the fact that 11 September themselves historically to be universal in was not an attack of Islam against the West, the sense that their respective messages have it is often portrayed as such. Within hours been received by people of varied ethnic, of the attack, people were likening it to Pearl linguistic and social backgrounds over a long Harbor, as if to equate Muslims with those period of time and on a large scale. Two, Japanese. Days later, Bush spoke of getting Islam and Christianity are the only two civi- Osama bin Laden dead or alive, even lisations that have interacted on a though we were not sure if Osama bin civilisational scale over a long period of Laden was the culprit. Pushing the imagery time, sharing a geographical border and even further into the past, President Bush exchanging ideas and aspects of material then referred to the war against terrorism culture throughout their history. Three, the as a crusade. Although it is quite likely that two are the only civilisations that have con- he did not have in mind a holy war and quered each other. On a related note, it is that he was using the term in a general significant that the Muslims are the only sense, as it is used in everyday language, civilisation to have conquered the Chris- the term ‘crusade’ is as much misunder- tian West. stood in the Muslim world as ‘jihad’ is in the West. For the record, he regretted the Dialogue literally refers to a conversation use of the term and went on to clarify that between two people. What we have in mind Islam is a religion of peace, not to be asso- here, however, is more than that. We mean ciated with terrorism. Italian Prime Min- a conversation on a subject of common ister Silvio Berlusconi did not help matters interest between two or more individuals when he said in Berlin, ‘We should be con- or parties whose beliefs are informed by scious of the superiority of our civilisation’. differing world views. The ultimate aim of Neither did Alex Standish, editor of Janes’ such dialogue is to achieve appreciation, Intelligence Digest, who said on the BBC’s understanding, interest and compassion for Hardtalk (17 September 2001) that Islam the views of the other. In facilitating this is a military religion. Crucial for the un-

* Department of Sociology, National University of Singapore, . 43 Dialogue + Cooperation 1/2006

derstanding of these views, which are not tion of the history of the interaction be- influential in Europe and the United States, tween the Muslim world and the Christian is the element of historical consciousness. West. I do this by taking up a significant instance of this interaction, which revolves Islam had been in conflict with Europe since around the origins of the modern univer- the eighth century A.D. First there was the sity. From the study of the origins of the conquest of Spain and Sicily. The Arabs university and the educational system that were in Spain for 700 years and in Sicily emerged around it, a form of proto-dia- for 500. Then there were about 200 years logue between Islam and Christianity can of the so-called Crusades. Some centuries be seen. The types of relations between Is- later, the Ottomans threatened to overrun lam and Christianity during the European Europe, making their way to Vienna. Even Middle Ages, the period that concerns us after the ascendancy of Europe and then here, as seen through the history of the America, Muslim civilisation continued to university, suggest a number themes of in- constitute a threat and a problem in the ter-religious dialogue. These are (i) the form of anti-colonial and other types of multicultural origins of modern civilisation, movements following political independ- (ii) inter-civilisational encounters of mutual ence. Thus feelings of animosity and threat learning and (iii) the point of view of the are deep-seated both in the West and among other. My argument is that these themes Muslims. formed the basis of dialogue and harmony between Muslims and Christians in the past Therefore, there is a need for a type of dis- and should be the basis of contemporary course on Islam that emphasises its contri- social science education in order to facili- butions to the building of modern civilisa- tate inter-religious dialogue. Dialogue here tion as well as the history of interaction is not to be understood in the literal sense between Islam and other religions in order of a conversation between two sides but to establish a sound basis for inter-religious rather as a metaphor for peaceful and har- or inter-civilisational dialogue. I propose monious relationships founded on mutual in this paper to indicate what such a dis- trust and admiration. The three themes course would look like by developing cer- mentioned above would help to bring such tain themes that emerge from a considera- dialogue about.

The Philosophy of Education in Islam

Education has been a central feature of Is- recognised that ‘the most urgent problem lam from the very beginning. Because of for the world of Islam today is the forma- the centrality of the Quran as the word of tion of new elites who are very learned in God, Muslims have always been obliged to the Holy Quran, the Hadith, the Sunnah learn to recite Arabic. This applied even to of the Prophet, the Shariat, and last but peoples whose mother tongue was not Ara- not least, in the affairs of modern science bic, but who may have, nevertheless, used and philosophy’ and that the formation of Arabic script for their languages. This was such elites could take place only through the case with the Persians, Turks, Afghans, education (Alatas, 1954). Indians and Malays. As a result, the literacy rate was relatively high from the early days This conception sees knowledge and edu- of Islam. cation not merely as the acquisition of information or the capacity for explanation In the early 1950s, Syed Hussein Alatas and analysis but also connects these proc- 44 Multiculturalism and Christian-Muslim Dialogue esses to the nature of God and reality and a Knowledge, therefore, is part of faith. It is human ethic of responsibility, but it by no obligatory for all Muslims to pursue knowl- means implies that only what is in revela- edge, and it is obligatory for Muslim soci- tion is knowledge or that only what is ap- eties to cultivate the various branches of parently compatible with revelation is true knowledge. It is for this reason that the knowledge. Muslims believe that all knowl- various sciences (’ulûm) were studied, de- edge originates from God and reaches hu- veloped and promoted by Muslims for cen- mans through various channels. Islamic turies prior to the European Enlightenment. epistemology—the study of the sources, limits and methods of knowledge and the na- The Muslim contributions to the world of ture of truth from the point of view of Is- learning are well known. Their contribu- lam—affirms the reality of existence and tions even extended to the building of in- the reality of things and the possibility of stitutions of learning. The modern univer- knowledge of both. Such knowledge comes sity owes its origins to Muslims. The idea from God and is acquired via the authority of the degree most likely came from Islam. of revelation, the authority of the learned, In 931 A.D. the Abbasid Caliph al- sense perception, reason and intuition. This Muqtadir had all practising physicians ex- in turn implies that both induction from amined, and those who passed were granted observation and deductive reasoning are certificates (Arabic sing. ijâzah). In this valid methods of knowledge acquisition (Al- way, Baghdad was able to get rid of quacks Attas, 1990: 1).1 (Hitti, 1970: 364).

Because knowledge in Islam is intimately The ijâzah was the principal means by which related to belief, it can be said that the Is- scholars and Sufis passed on their teach- lamic world view, that is, the world view ings to students, granting them permission that can be abstracted from the Quran and to continue them. Although the learned the sayings and traditions of the Prophet scholars of Islam taught in formal institu- Muhammad (may peace be upon him), tions of learning such as the maktab, the consists of both the creed or articles of belief kuttab, the madrasah and the jâmi’ah, the and the various sciences. Together these degree was personally granted by the scholar form the total consciousness of Islam. to the student.

The Origins of the Modern University

By university, we mean the degree-grant- more like universities (Makdisi, 1980). ing institution that we find in Europe and According to Makdisi and others, the America from the 12th century and which European university emerged spontane- have been introduced to the rest of the ously in Europe in the 12th century. world since the 17th century. On the other Makdisi is of the view that the European hand, colleges in Europe were charitable university is ‘strictly a product of West- foundations established to help needy stu- ern Europe in the Middle Ages’ but ac- dents. They were established in a univer- knowledges that the European college, a sity but were not themselves degree-grant- boarding house of sorts for students re- ing institutions. Gradually they evolved quiring financial assistance, is Islamic in to grant degrees—that is, they became origin (Makdisi, 1980: 27).

1. Al-Attas here draws our attention to alTaftâzânî’s commentary on the ’Aqâ’id of al-Nasafî, which contains the creed of Islam rendered in concise form and which contains the epistemological position of Islam. 45 Dialogue + Cooperation 1/2006

Makdisi’s argument is that the madrasah and are points in support of this position. the Western college are essentially the same type of institution. The madrasah was estab- The term universitas. Although the Latin lished as a charitable trust (waqf) founded term universitas predates Islam, its use to by individual Muslims, which legally bound refer to an educational institution in Eu- the founder to run it as a madrasah. It had rope appears for the first time in 1221 the legal status of an institution but was not (Gabriel, 1989: 12: 282, cited in Wan a state institution (Makdisi, 1980: 36). Ac- Mohd Nor, 1998: 182). According to Eu- cording to Makdisi, there are two arguments ropean accounts, the term was used to rein favour of the idea of the Islamic origins fer to the organisation of students into a of the college. One is the waqf or charitable union. Another theory, however, relates trust and the other the internal organisation universitas to the Muslim jâmi’ah. The term of the college. jâmi’ah, meaning ‘universal’, was used to refer to Al-Azhar in the 10th century. The The earliest record of the employment of idea of the universitas as the site where the the charitable trust in England is from 1224, branches of knowledge of a universal na- when it was used by the friars of the ture are taught (hence jami’ah, universitas) Franciscan order (Pollack and Maitland, appeared only after the madrasahs and 1952: 229; Cattan, 1955: 213; both cited jami’ahs in the Muslim world.3 in Makdisi, 1980: 39). Makdisi, following Cattan, suggests that the early English use The ijazah. The Islamic educational insti- of the charitable trust was derived from the tutions were degree (ijazah) granting. This Muslim waqf. This conclusion is based on predates degree granting in medieval Eu- the similarities between the two systems as ropean universities. In this regard, there well as the fact that the latter predates the have been some interesting discussions on former (Makdisi, 1980: 39). the origins of the term baccalaureus. In the 1930s, the renowned orientalist Alfred In the internal structure of colleges there were Guillaume noted strong resemblances be- also striking similarities with the Islamic tween Muslim and Western Christian in- counterparts that predated them. Muslim stitutions of higher learning. An example colleges had the sahib (fellow) and mutafaqqih he cited is the ijazah, which he recognised (scholar). The Latin equivalent of sahib, so- as akin to the medieval licentia docendi, cius, an exact translation of the Arabic, was the precursor of the modern university employed in colleges (Makdisi, 1980: 40). degree (Guillaume, 1931: 244). Guillaume suggested that the Latin baccalaureus may For Makdisi, the university, strictly of Euro- have originated from the Arabic bi haqq pean origin, absorbed the functions of the al-riwâya (the right to teach on the author- college, which had Islamic origins. He also ity of another) but was unable to go be- notes that when colleges attained university yond this speculation (Guillaume, 1931: status, they preserved those characteristics 245n). Later, Ebied and Young, aware of that were of Muslim origin (Makdisi, 1980: Guillaume’s suggestion, discussed the ap- 42). This being the case, we could go further pearance of the exact phrase bi haqq al- to say that the Islamic educational institution, riwâya as a technical term in documents whether madrasah or jâmi’ah, was also the called ijazah that conferred the right to origin of the European university and not teach on the recipient (Ebied and Young, just the European college.1 The following 1974: 3-4). The theory is that the phrase

2. This was a point stressed by Syed Muhammad al-Naquib Al-Attas several times in personal communications. 3. Al-Attas, personal communications, various occasions. 46 Multiculturalism and Christian-Muslim Dialogue bi haqq al-riwâya was assimilated to The European notion of facultas (faculty) may baccalaureus. be a direct translation of Arabic quwwah, referring to the power inherent in an or- Makdisi points out that there are fundamen- gan.4 According to Al-Attas, ‘[T]he univer- tal differences between the Western and Mus- sity must have been conceived in emulation lim systems of certification, that is, the ijazah of the general structure, in form, function and the licentia docendi. In Europe, the li- and purpose, of man” (Al-Attas, 1979: 38, cence to teach was granted for a particular cited in Wan Mohd Nor, 1998: 181). This field of knowledge and conferred with the seems to be the sense in which facultas was authority of the church. In the Muslim world, used in the medieval European university. the right to teach was conferred by the teacher This is in line with the suggestion that the to the student for a particular work or works term faculty in the beginning referred to a (Makdisi, 1970: 260) and was not depend- branch of instruction rather than its present ent upon the institution or state. meaning of professional body.

Muslim-Christian Relations: the Emergence of Dialogue

The earliest form of dialogue between Is- Nadîm, 1988: 184-185; 203-204; 206-207; lam and Christianity can be said to have 214-215; 229-230). taken place in the Quran, where Christian doctrine is referred to in explicit terms. For Among those that have survived are four example, the verse ‘He begetteth not nor works of the same title (Radd ’alâ al-Nasârâ) was begotten; And there is none compara- by ’Alî bin Rabban al-Tabarî, Abû ’Uthmân ble unto Him’ (Al-Ikhlâs: 3-4) is clearly a al-Jâhiz, Abû Yûsuf al-Kindî and al-Qâsim reference to the Christian doctrine of the ibn Ibrâhîm al-Hasanî (Thomas, 1992: 32). Trinity. Within the first three centuries of Islam, several works refuting Christian The discussions of Christianity were not doctrines had appeared. The Kitâb al-Fihrist always one-sided. There were often ex- (The Catalogue) of Abu al-Faraj changes between Muslim and Christian Muhammad ibn Ishâq al-Nadîm (d. 995 scholars. Among the first Christians to en- A.D.), an index of books written in Ara- ter into polemics with Muslims was St. John bic, lists the works of several authors that of Damascus (Sahas, 1972, cited in Tho- dealt with Christian theological doctrines, mas, 1992: 31). There was also a debate none of which have survived (Thomas, between the Nestorian patriarch, Timothy 1992: 32). Among them are Dhirâr bin I, and the Caliph al-Mahdî (Mingana, ’Amr (Kitab al-Radd ’alâ al-Nasârâ – The 1928, cited in Thomas, 1992: 31), and Book of Refutation of the Christians), Hafs between the Shi’ite theologian Hishâm ibn al-Fard (Kitab al-Radd ’alâ al-Nasârâ – The Hakam and a Christian patriarch, Barîha Book of Refutation of the Christians), Bishr (Thomas, 1988). bin Mu’tamir (Kitab al-Radd ’alâ al-Nasârâ – The Book of Refutation of the Christians), Thus the earlier contact between Islam and ’Isâ bin Subîh al-Murdâr (Kitab al-Radd ’alâ Christianity was in the form of debates and al-Nasârâ – The Book of Refutation of the polemics. More significant for dialogue Christians), Abû al-Hudhayl al-’Allâf (Kitab were the later developments that brought ’alâ al-Nasârâ – Book on the Christians) (al- about a new kind of relationship between

4. Al-Attas, personal communications, various occasions. 5. Catholic Encyclopedia, http://www.newadvent.org/cathen/11495a.htm, accessed 1 March 2005. 47 Dialogue + Cooperation 1/2006

Christians and Muslims. This is the rela- (O’Leary, 1939: 281). It was through the tionship of Christian cultural borrowing encouragement of Frederick that Michel from Muslims. This borrowing to a large Scot spent time in Toledo in 1217 and trans- extent revolved around the Muslim univer- lated some works of Ibn Rushd (Averroes) sities. The influence of Muslim universi- on Aristotle (O’Leary, 1939: 281). The great ties on the medieval West and the cultural Christian theologian St. Thomas Aquinas borrowings of Christians from Muslims in himself had studied at the University of these institutions suggest three themes of Naples, was exposed to the works of the inter-religious dialogue that began to emerge Muslim philosophers and their commen- in the 13th century, during the period of taries on Aristotle there and frequently en- the rise of the Western university. These tered into theological debates with them themes are (i) the multicultural origins of (O’Leary, 1939: 285-286). By the middle modern civilisation, (ii) inter-civilisational of the 13th century, almost all the philosophi- encounters of mutual learning and (iii) the cal writings of Ibn Rushd had been trans- point of view of the other. The relations lated into Latin. A peculiarly Christian ap- between Muslims and Christians that re- propriation of Ibn Rushd began to develop volved around the Muslim university pro- in Europe and came to be known as Latin vide concrete examples of each of these Averroism, establishing itself in various themes. European universities such as Bologna, Padua and Paris (Oo:’Leary, 1939: 290-291, The multicultural origins of modern civi- 294). lisation. The story of the origins of the medieval university and its Islamic roots is The point of view of the other. The inter- a case in point. To the extent that Muslim civilisational encounters between Muslims educational institutions such as the and Christians, whether these were direct madrasah and jâmi’ah influenced the rise and personal or indirect via texts, would of medieval universities and colleges in have developed in some the ability to view Europe, the modern university must be reality from the point of view of the other. seen as a multicultural product. The example that I have in mind is the historic meeting between St. Francis of Assisi Inter-civilisational encounters. The univer- and Sultan Malik al-Kâmil of Egypt during sity was also the site of inter-civilisational the Fifth Crusade. St. Francis and a com- encounters. For example, Frederick II panion named Illuminatus set off for Egypt (1194-1250 A.D.), Holy Roman emperor with the aim of converting Sultan Malik. of the Hohenstaufen dynasty, came into According to Christian accounts of this contact with Muslims in Sicily and during event, the Sultan was eager to listen to what the Crusades. He was so impressed with St. Francis had to say about Christianity the culture that he adopted Arab dress, and, although not inclined to leave Islam, customs and manners. More importantly, developed a deep admiration for St. he admired their philosophical works. He Francis. He invited St. Francis to visit a was apparently able to read these works in mosque, where he asked the latter to pray the original Arabic (O’Leary, 1939: 280) for him, as he would for St. Francis. St. In 1224 A.D. Frederick founded the Uni- Francis, for his part, was able to see the versity of Naples. This was to specialise in humanity of Islam and modified his pre- translating the scientific works of Muslims conceptions of the religion (Bonaventura, from Arabic into Latin and Hebrew 1260/1950: 361-363).6 For the Catholics,

6. Sermon at Christ Church, Freemantle, Southampton, St. Francis of Assisi Day, celebrated on 10 October 2004, http://www.realmail.co.uk/~storyline/francis_islam.htm, accessed 2 March 2005. 48 Multiculturalism and Christian-Muslim Dialogue and the Franciscans in particular, St. Francis that his people should praise and thank God had entered into a true spirit of dialogue every sunset after an appropriate signal was with Islam and was sincere about the posi- given by herald or in some other way tive values that were to be found in that (Wintz, 2003). The case of St. Francis and religion to the point of being inspired. For the sultan clearly illustrates what results from example, after witnessing the adhân or call a realisation of the point of view of the to prayers in Egypt, St. Francis suggested other.

Bringing Themes of Inter-Civilisational Dialogue to Education

I have attempted to put into practice some tic dimensions of Muslim civilisation. The themes that I believe should inform the fourth part focuses on current issues in the dialogue among religions in a course that I contemporary period (post-World War II). teach at the University Scholars Programme Particular emphasis is given to the emergence of the National University of Singapore, of orientalism in Europe and the Islamic re- entitled ‘Islam and Contemporary Muslim sponse to it. This section also provides an Civilisations’. overview of the political economy of the Muslim world, setting the stage for discus- This is an introductory course to Muslim sions on a number of contemporary prob- civilisation. Emphasis is on the historical, lems and issues such as gender, underdevel- cultural and social context of the emergence opment, Islamic revivalism and imperialism. and development of Islam, and the great diversity that exists in the Muslim world, from All this seems a lot to cover in one course. Morocco in the west to Indonesia in the It would be if the objective of the course east. The course is divided into five sections. were to impart knowledge of the facts and The first, consisting of two lectures, pro- events concerning Islam as a civilisation. vides an introduction to the study of civili- But this is not the dominant aim. The main sations in general, defines Islam as belief and objective is to bring students to an under- practice, creed and civilisation, and briefly standing of what I see as the three central discusses its origins. The next set of lectures themes of the study of civilisations. discusses the spread of Islam and the encounter between Islam and the West in the (1.) Inter-civilisational encounters. The study past. This part of the course introduces the of Islam is one case of encounter between major cultural areas within Muslim civilisa- civilisations. As Islam was the only civili- tion, that is, the Arab, Persian, Ottoman, sation to have conquered the West and to Moghul and Malay, and covers topics such be in continuous conflict with the West, it as the Muslim conquest of Spain and Sicily, is important that people be introduced to the Crusades and the Islamisation of south- the idea that such encounters are not al- east Asia. The third part of the course ex- ways negative. The Crusades, for example, amines the cultural dimension of Muslim resulted in much scientific and cultural civilisation, with particular emphasis on the borrowing between Muslims and Europe- religious and rational sciences that developed ans. The experience of St. Francis and Sul- among the Arabs and Persians, their con- tan Malik al-Kâmil is extremely important tact with the Greek heritage and the impact in this regard. that Islam had on medieval European philosophy and science. Also discussed in this (2.) Multicultural origins of modernity. Mod- part of the course are the literary and artis- ern civilisation is usually defined in West- 49 Dialogue + Cooperation 1/2006

ern terms. But many aspects of modern be viewed. For example, most works on civilisation come from Islam and other civi- the Crusades provide accounts from the lisations such as India and China. The uni- point of view of the European crusaders. versity is an example of this. The notion of The perspective of Muslims who fought the a degree-granting institution of learning was crusaders and then lived among them when developed and put into practice by the European soldiers settled in and around the Muslims by the 10th century and adopted Holy Land between Crusades is instructive by the Europeans in the 13th century. This because it helps complete the picture of an includes the idea of the hierarchy of teach- otherwise fragmented reality. Another ex- ers and scholars and the idea of the degree. ample of this concerns the hijab or head When we add to this the examination sys- covering worn by many Muslim women. tem developed by the Chinese, we get the While in some settings it co-exists with the modern university. oppression of women, in others it is a sym- bol of liberation. It is important, for exam- (3.) The variety of points of view. The study ple, to expose students to the experiences of Islam provides us with an opportunity of Muslim women who took to the hijab in to experience the multiplicity of perspec- order to escape the critical gaze of the fash- tives from which any one fact or event can ion and beauty industry.

Bibliography

Alatas, Hussein (Syed Hussein Alatas). 1954. ‘Education in Islamic Society’, Progressive Islam, 1 (4-5). Al-Attas, Syed Muhammad Naquib. 1979. ‘Preliminary Thoughts on the Nature of Knowl- edge and the Definition and Aims of Education’, in Al-Attas (ed.), Aims and Objec- tives of Islamic Education. London/Jeddah: Hodder & Stoughton/King Abdul Aziz University. Al-Attas, Syed Muhammad Naquib. 1990. On Quiditty and Essence. Kuala Lumpur: Insti- tute of Islamic Thought and Civilisation. Bonaventura, St. 1260/1950. ‘Life of St. Francis’, in The Little Flowers of St. Francis, etc. London: J.M.Dent & Sons, pp. 303-397. Cattan, H. 1955. ‘The Law of Waqf’, in M. Khadduri & H.J. Liebsny (eds.), Law in the Middle East, vol. I, Origin and Development of Islamic Law. Washington, D.C.: The Middle East Institute, pp. 203-222. Ebied, R. Y. & Young, M.J.L. 1974. ‘New Light on the Origin of the Term “Baccalaure- ate”’, Islamic Quarterly, 18 (1-2): 3-7. Gabriel, Astrik L. 1989. ‘Universities’, in Dictionary of the Middle Ages, 13 vols. New York: Charles Scribner’s Sons. Guillaume, Alfred. 1931. ‘Philosophy and Theology’, in Sir Thomas Arnold & Alfred Guillaume (eds.) The Legacy of Islam. London: Oxford University Press, pp. 239- 283. Hitti, Philip K. 1970. History of the Arabs: From the Earliest Times to the Present. Houndmills: Macmillan. 50 Multiculturalism and Christian-Muslim Dialogue

Makdisi, George. 1970. ‘Madrasa and University in the Middle Ages’, Studia Islamica, 32: 255-264. Makdisi, George. 1980. ‘On the Origin and Development of the College in Islam and the West’, in Khalil I. Semaan (ed.), Islam and the West: Aspects of Intercultural Relations. Albany : SUNY Press. Makdisi, George. 1981. The Rise of Colleges: Institutions of Learning in Islam and the West. Edinburgh: Edinburgh University Press. Mingana, A.. (ed., trans.) 1928. ‘The Apology of Timothy the Patriarch before the Caliph Mahdî, Woodbrooke Studies 3’, Bulletin of the John Rylands Library, 12: 137-298. al-Nadîm, Abu al-Faraj Muhammad ibn Ishâq. 1988. Kitâb al-Fihrist (The Catalogue). Beirut: Dâr al-Musîrah. O’Leary, de Lacy. 1939. Arabic Thought and its Place in History. London: Routledge & Kegan Paul. Pollack, F. & F.W. Maitland. 1952. History of English Law, vol. 2. Cambridge: Cambridge University Press. Sahas, D. J. 1972. John of Damascus on Islam. Leiden: Brill. Thomas, David. 1988. ‘Two Muslim-Christian Debates from the Early Shî’ite Tradition’, Journal of Semitic Studies, 33: 63-65. Thomas, David. 1992. Anti-Christian Polemic in Early Islam: Abû ’Îsâ al-Warrâq’s ‘Against the Trinity’. Cambridge: Cambridge University Press. Wan Mohd Nor Wan Daud. 1998. The Educational Philosophy and Practice of Syed Muhammad Naquib Al-Attas: An Exposition of the Original Concept of Islamization. Kuala Lumpur: International Institute of Islamic Thought and Civilisation. Wintz, Friar Jack. 2003. ‘St. Francis, the Sultan and the Quest for Peace’, American Catholic.Org, Musings Edition, March 28. http://www.americancatholic.org/e-News/ FriarJack/fj032803.asp, accessed 2 March 2005.

51 Multiculturalism in Malaysia and Europe: Creating or Nurturing the Middle Ground? Multiculturalism in Malaysia and Europe: Creating or Nurturing the Middle Ground?

Fazil Irwan*

Both Asia and Europe have recently been Instead of liberating the government and the centre stage of violent conflicts: the in- state from partisan politics, the system ren- vasions of Afghanistan and Iraq, the vilifi- dered the political landscape uniquely eth- cation of Iran and the appalling terrorist nic in character. The federal constitution not attacks that were responsible for the deaths only made the sultans believe that they were of hundreds of innocent civilians through- the actual rulers of the country, but also af- out the Western and Asian worlds. This firmed the special privileges of the Malays. worrying trend seems to shed a bad light In a newly established multicultural society, on the democratic struggle and to declare such an arrangement is bound to breed its the model a failure. With the recent Islamic unique problems. The first sign of the prob- revolt that has spread around the globe due lem can be seen in the political arrangement to the printing of caricatures denigrating of the country, which survives until today. the prophet Muhammad, there is an urgent need to contemplate our position. Unlike many other nation-states, Malaysia’s There is a compelling need to question our politics are predominantly based on ethnic approach towards the Islamic issue and how groupings, in which its ruling coalition com- best to deal with the issue of prises several ethnically based parties, with multiculturalism. In this regard, Asia and UMNO being the first among equals. This Europe share the same predicament. setting reinforces in a fundamental way how the Malaysian nation is to take shape. Al- Multiculturalism is not, and never has been, though it can be argued that the ruling coa- a problem that beset societies. There has lition is governed by equal ethnic parties, never really been a society in history or to- in practice this is not so. Because of the day marked by cultural homogeneity. In fact, fact that UMNO is the first among equals, multiculturalism is part and parcel of every government policies tend to have a bias in living society. The real problem is rather the favour of the Malays. This can be seen in failure to manage this heterogeneity. Let us the overwhelming presence of Malay Mus- take a look at Malaysia as a case for Asia. lim cultural insignia all across the mass The Malaysian socio-political landscape is media channel, obscuring the presence of very much a product of indirect British rule other cultural symbols. The most telling through the residential system. Not only were example yet is the NEP policy, which en- different races, particularly the Malays, Chi- sures a 30% chunk of national wealth in nese and Indians, organised in so as to seg- the hands of the ‘natives’ of the land regate the races according to economic func- (Bumiputera), which includes Malays and tion in the nascent colonial economy, but the aboriginal peoples. How does this, to- more importantly, the colonial administra- gether with other similar policies, affect— tion failed to deal with the newly found or more specifically impede—the creation multicultural society. of a true national identity?

* Senior policy analyst, Socio-economic Development and Research Institute (SEDAR). 53 Dialogue + Cooperation 1/2006

In 1971, the government formulated a na- cultural festivities. Concurrently, the tional cultural policy for the creation of a number of TV programmes depicting Malay national identity. Even at this preliminary cultural and Islamic religious activities, stage, there were huge problems as Islam such as the adhan (call to prayer), Quran and Malay culture were demanded to be reading competition and Islamic theologi- the basis of the national culture. The fea- cal discussions, increased rapidly, fuelling tures of other ethnic cultures can be incor- widespread concerns about the direction porated as long as they do not come into of Malaysian national identity (Daniels, conflict with these core elements (Kahn and 2005). This impasse has not changed much Loh Kok Wah, 1992). Indeed, the conse- since the 1970s. Malaysia is still finding its quences were strict controls and permit national soul and the ethnic divide shows requirements for non-Muslim non-Malay no signs of real improvement.

‘Culturalisation’ of Islam: distinction between ‘religion’ and ‘culture of religion’

This paper holds as its main theoretical identity among the various ethnic and reli- foundation the importance of a non-eth- gious groups in society. This can be attained nic, non-religious state as the fundamental only when the role of the state transcends criterion for a multicultural society. In this the potentially conflicting tendencies of context, I would like to draw upon the sig- society, of ethnic groupings for example. nificance of Islam as the main source of As such, the understanding of Islam that Malay cultural knowledge and also the so- one must be concerned with here—con- lution to the social impasse. For this, I sidering a multitude of interpretations of would like to chart out the Malaysian socio- the religion—should be congruent with this political landscape and how Islam is ex- national vision. ploited to justify the ethnic divide. In Malaysia’s context, Islam is often per- Islam, as we understood it, is one of the ceived through an ethnic lens, which, more world’s major religions and a crucial com- often than not, creates an exclusive inter- ponent in the politics of a number of Asian pretation of the religion. The association countries, particularly those in which Mus- of the Islamic religion with a vague domain lims constitute a significant proportion of called the ‘Islamic world’, and in Malaysia, the population. Yet in Malaysia, the sig- with the Malay race, is a telling example. nificance of Islam is very much enmeshed The reasons for this ‘culturalisation’ or with the issue of ethnicity. With an urgent ‘ethnicisation’ of Islam can be traced back need to build a common nation in a to the era of the Sultanate of Malacca, when uniquely multicultural society, this predica- colonisation was starting to establish a firm ment constitutes one of the greatest obsta- ground. Unlike the classical period of the cles to meaningful integration among the Malaccan sultanate, when religion, language various ethnic groups. and custom (adat) did not constitute ethnic boundaries, these same concepts be- Since the discourse concerns the building come the rallying banner of Malay identity of a certain ‘nation-state’, it is crucial for today. It is thus important to understand an analysis of the Islamic discourse to be how, specifically during the colonial period, understood within such a context. A suc- these features became prominent in defin- cessful nation-building agenda must possess ing a Malay. This paper argues that the in- the ability to nurture a common goal and trusive nature of the colonial powers, and 54 Multiculturalism in Malaysia and Europe: Creating or Nurturing the Middle Ground? the unprecedented influx of labour from who do not, can choose not to abide by it. China and India, facilitated the crystallisa- This is Malaysia’s definition of an Islamic tion of the Malay ethnic features. How state in a nutshell. then, we ask, did Islam become the most crucial ethnic boundary, superseding other Now, this leads us to a natural question. defining elements like language and cus- Since Islam is in essence a universal (ad- toms? How did it become the most formi- deen al-shumul), natural religion, and laws dable feature distinguishing Malays from that come from its body of knowledge must the other ethnic groups? essentially be natural, that is to say naturally accepted by humans, why does it ap- The government’s attempt to nationalise the ply only to a certain kind of people called Malay language and customs impedes the Muslims and not to others? Shouldn’t a natu- consolidation of the Malay category in an ral religion embodying a natural law that is important way. Facilitated by the constitu- naturally accepted by people, be applica- tional definition of the Malay, it dissolves ble to every human being, regardless of their the boundaries of language and customs as race or religio-cultural orientation? It is exclusive ethnic features. This can be shared from this premise that we should start to by all other ethnic groups. But this creates question the Islamic state (any religious another problem. Because religion (in the state for that matter) and our understand- conventional sense of the term) is not an ing of the Islamic religion. easily shared component, Islam has increasingly become an emotive and formidable Such an unnatural understanding of Islam force of Malay identity up to the present. creates an unnecessary problem: the insepa- This newly found vigour inevitably found rability of state and religion. In fact, this its way into political Islam. has been the crux of the Islamic Youth Movement ABIM’s ideology that since Is- The pertinent threat that this phenomenon lam is the way of life, it cannot be sepa- poses to Malaysia’s multicultural society rated from the state. Because of the fact comes in the form of an aspiration for an that an Islamic state necessarily embodies Islamic state, as we understand it today. Islam as its governing ideology, it cannot Thus, in light of the nation-building dis- separate state and religion. But let us turn course, it is worth elaborating the kind of to the interpretation of Islam as a natural nationhood that political Islam aspires to religion by scrutinising its epistemological and in what way it obstructs the creation definition. of a common nationhood in Malaysia’s multicultural society. As all Muslims would readily concede, Is- lam is the ad-deen al-fitrah (the natural reli- But what is the Islamic state, according to gion or the natural way of life). But what them? An Islamic state is a regime which does this crucial phrase mean? And what is operates under laws derived from the two its implication? Since it is a natural way of conventional sources of Islamic knowledge, life, logically, it should be generally accepted the Quran and Sunnah. In this state, the by human beings as a whole. But is this the caliph must act as the representative of God case in Malaysia? Is this the case for Islam on earth and rule the subjects by the divine on the global scene? Islam and the Islamic law, the shari’a. Instead of deriving the sov- state that we know today are anything but ereignty of power from the citizens, power natural or universal. is irrevocably found in God and His law. The people who call themselves Muslims However, many scholars would point out must abide by this divine law, whereas those that a pristine model of the conventional 55 Dialogue + Cooperation 1/2006

Islamic state began in the 7th century with means to submit to the will of God. Islam the prophet Muhammad’s rule of Medina is a domain, a metaphysical space, wherein in 622 AD. The features of this Islamic its constituents, who are called Muslim, state, according to a majority of scholars, submit to one single cause, the will of God. are contained in the Medina Constitution This is how Muslim derives its semantic (Al-Dustur Al-Madinah). The constitution connection with Islam. This leads us to the can be summarised thus. First, all tribal next question: what does submission en- and ethnic ties are replaced by Islam, and tail? all Muslims are to be categorised as one ‘nation’ or ummah. Second, all decisions are A conventional interpretation today suggests to be guided by the Quran and Sunnah. that submission to God is determined by Third, decisions must be made in consul- the five pillars of Islam, which consists of: tation and consensus (shura) involving the leadership and the people. Fourth, the prin- 1. Faith or belief in the oneness of God ciples of equity and justice are paramount and Muhammad as the messenger of God in state affairs, applying to all constituents, both Muslims and non-Muslims (dhimmi) 2. Establishment of the five daily prayers (Mutalib, 1993). (salat)

A close scrutiny of this constitution seems 3. Giving alms (zakat) to the needy to lead us to the conclusion that the state of Medina is a strictly civic state—one that 4. Fasting during the month of Ramadhan corresponds with the citizen and that is free from any religious or ethnic bias. What may 5. Hajj pilgrimage to Mecca seem to obscure these civic elements, however, is essentially the categories of Mus- This appears to imply that man’s natural ten- lim and non-Muslim. It is due to this cat- dency is to acknowledge all these pillars as egorisation that the Islamic state as under- intrinsic to his nature. But are they? Do the stood today remains partisan in nature. But Tukano Indios in Brazil’s Amazon naturally was this originally so? know that they have to go to Mecca, or pray five times a day? Do these pillars supersede History and language tell us otherwise. For the importance of the common goal of hu- if we were to analyse closely the language manity to preserve peace, justice and pro- that created these contentious terms, i.e. tection of God’s mother earth? Even if these Islam and Muslim, we would discover a are deemed important, they must logically completely different story. be a part of a bigger goal in this natural view of Islam. What is that bigger goal? From an epistemological perspective, Ara- bic is one of the richest living languages, As we have conceded earlier, Islam is ad- boasting a regular and structured grammati- deen al fitrah, the natural religion or natu- cal system and an extensive semantic net- ral way of life. What this crucial phrase work of words. Because words are con- means is that Islam corresponds to the natu- nected with each other by a common es- ral world, where a natural system exists. sential meaning, the Arabic language con- We are born into this pre-existing natural stitutes the most powerful language for re- system and are part of it from the day we search (Menocal, 2003) were born. Hence epistemologically, we are Muslim, we don’t become Muslim. Although In the context of our discussion, Islam is today, the term Islam carries a negative derived from the root verb aslama, which connotation in many parts of the world, its 56 Multiculturalism in Malaysia and Europe: Creating or Nurturing the Middle Ground? true meaning at the epistemological level its glorification. And God is fully aware of simply denotes our shared world and the everything they do.’ natural system that is established. Every living being—animals, humans and plants— If we were to subscribe to the conventional engages in the natural system in their own interpretation, this verse does not make specific way according to their specific sense. However, if this verse is analysed nature. It is when we humans violate this within the new context, a broader meaning natural system, committing acts that depart emerges. To establish salat (aqim as-salat) from what is naturally humane (e.g. geno- in Arabic has a broad meaning of adher- cide and destructive propaganda) that we ence, commitment, obedience to a certain necessarily situate ourselves outside the fold framework, covenant or social contract, of Islam. Thus far, we can now see a new which in turn is supposed to preserve the definition of Islam and a whole new cat- natural order. In simple words, all living egorising of people as Muslims and non- beings, who are constituents of this natural Muslims which revolves around a natural world, should establish a commitment to- order, the natural state of being. Chandra wards preserving it. The act of committing Muzaffar affirms this eloquently: to such a social contract or framework means to establish salat. Thus, ‘Islam is the natural religion of man. By epistemologically, a person who establishes this is meant that it is the way of life, the the salat thus submitting to the will of God, code of conduct that is most harmonious is a Muslim. with the development of man’s humanity. And man’s humanity is intrinsic to his na- So far this analysis has provided new defini- ture. The right social conditions must be tions and a new way of looking at Islam and created to enable man’s nature to blossom. salat. With these new definitions, the Me- By linking Islam to man’s nature, the dina Constitution seems to paint a com- commonality of all humans is unequivocally pletely different picture. In actual fact, the established. All humans are essentially the ‘Islamic state’ in Medina more than 13 cen- same—as far as their basic nature goes. It turies ago was nothing more than a civic is this that makes them equal. It is this view state, whose leaders and people were bound of Islam … that defies its classification as by a social covenant—a salat—wherein its a religion in the conventional way in which constituents abide by the rule of law and the the term is used in Western anthropology.’ leaders govern the subjects equally in all fair- (Muzaffar, 1989) ness, regardless of colour, race or cultural orientation.1 As such, Muslim and Dhimmi The term salat, conventionally defined as cease to mean two impenetrable categories. prayers, is another pertinent case in point. The former simply denotes a person who In the Quran, the term salat seems to have abides by a framework that preserves the meanings very different from what we unnatural order, whereas the latter is a person derstand today. Take just one good exam- who might not yet be ready to enter into ple, in Chapter 24, verse 41: such a framework, but is guaranteed protection by the state insofar as they are citi- ‘Do you not see that everything in the heav- zens of the state. The only way one can es- ens and the Earth glorifies God? Even the cape both of these categories, from a citi- birds in formation; each knows its salat and zenship perspective, is when one threatens

1. Even the name Madinah has a close epistemological connection to Islam and salat. This is why it is not a special name. Makkah is a special name, but not Madinah. This explains why there is a definite article “the” or al in Arabic for Madinah—Al-Madinah. (See Al-Attas, 1978, for a detailed explanation) 57 Dialogue + Cooperation 1/2006

the integrity of this social framework by long as a person abides by a social frame- committing criminal acts against the state work which preserves God’s natural order, or its citizens, in such a way as to jeopard- to restore common justice, regardless of how ise the natural order. In this case, one is no one manifests submission (Buddhism, Chris- longer a protected citizen but a threat to tianity, ‘Islam’) then one is, in every sense of society. Thus, in the Malaysian context, as the term, a Muslim.

Creating or Nurturing the Middle Ground?

This leads us to the question of how to solve in Malaysia fail to come to fruition? The the present political quagmire in Malaysia. answer seems to lie in the structure of the Is there something wrong with our approach commission, namely the framework in to the Islamic question? To date, there has which the dialogue was to be shaped. The been a plethora of efforts to try to recon- advocates of the idea, including enlightened cile the various religions in Malaysia. The Muslims, felt that the existing inter-faith most recent and prominent case was the dialogue framework was inadequate sim- Interfaith Commission (IFC) saga. This ply because the MCCBCHS did not include initiative was proposed during a two-day Muslims as members. This was the under- conference in February 2005 that was co- lying reason behind the commission’s pro- ordinated by groups including the Bar posal. Council of Malaysia and the Malaysian Consultative Council of Buddhism, Chris- However, the new proposal was exactly the tianity, Hinduism and Sikhism same in that it seeks to create a mecha- (MCCBCHS). The objective of the pro- nism for dialogue between the different posed commission is to create a formal faiths. To create means to bring into being framework for interfaith dialogue and a something which has not existed. This is mechanism for the shaping of coherent an incorrect approach. Based on the new interfaith policy in the country, both of definitions above, all humans already have which are absent in Malaysia. At present, something in common to start with—an the only method of dispute resolution is by innate inclination to preserve peace and legal action in the courts, which in the injustice that restores the natural order. If terests of peaceful coexistence should be we can agree at this level of understanding, the last resort in disputes (Bar Council then we can see that efforts at conciliating Malaysia website). the various ‘religions’ must be seen as a returning to our common nature. To re- The response to the proposal from the Is- turn to something that we already have in lamic NGOs was overwhelmingly negative. common—a natural inclination towards In fact, the Allied Coordinating Commit- peace and justice. Any effort in trying to tee of Islamic NGOs accused the IFC of establish such a pact, is to establish salat. attempting to bypass and usurp the powers Those who refuse to engage by implication of state Islamic religious bodies, and even- have deviated from their original nature, tually infringe on the rights of Muslims to and as such have no place in the benign practice Islam according to teachings of the effort to preserve God’s natural order. This Quran and Hadith. This is despite the fact is the kind of mind-set that we have to agree that the draft bill does not contain such on. provisions. The next question is: if there are many re- Why did an effort to create a middle ground ligions, how can we return to one common 58 Multiculturalism in Malaysia and Europe: Creating or Nurturing the Middle Ground? religion? In fact, there has always been only ous allegiances, cultures and religions one natural religion, a universal framework flocked to Andalusia from all over Europe that encompasses every living being. The to study in its prestigious universities and situation in which we find ourselves today academic institutions. All these develop- (i.e. many different ‘religions’) is the result ments inevitably created a melting pot of of the cultural adaptation of the one com- cultures that ultimately characterised the mon religion. In reality, human societies, citizens of the kingdom. This unique in order to embrace universal values, tend cosmopolitanism made Andalusia one of to negotiate the existence of these values the greatest civilisations of all times. with their culture. This explains the Arabic cultural origin of the conventional Islam that But what contributed to the cosmopolitan we know today, and the Middle Eastern- nature of this kingdom? Toledo, an ancient Roman influence that we can see in con- ecclesiastical capital of the Iberian penin- ventional Christianity. While this is per- sula, close to the capital city of Madrid, fectly acceptable as a natural product of was known as Ne:La Ciudad de Las Tres societal evolution, the categorisation of these Culturas (the City of Three Cultures). These adaptations as ‘the one true religion’ has three cultures were ‘Islam’, Christianity and been the main source of bloody conflict all Judaism. Today, the same three cultures are throughout history, the Crusades being a known as religions. This small shift in mean- case in point. ing creates a whole difference in approach. For only when these divisive tendencies are That is the compelling reason that the suc- assigned to the communal sphere can there cess of any civilisation, in the past, present be a justification for a unitary civic state. or future, rests upon this delicate distinc- Indeed, the ideal multicultural society rests tion between ‘religion’ and ‘culture of reli- upon ‘the distinction between the public and gion’. For only when these cultural adapta- private domain, in which a society is uni- tions are relegated into the realms of soci- tary in the public domain but which en- ety can the government and the state be courages diversity in what are thought of free from partisan orientations. Only then as private and communal matters’ (Rex, can a truly civic state emerge. 1996).

A pertinent example would be the kingdom Indeed, Al-Andalus witnessed a remarkable of Al-Andalus in what we call Spain today, blend of cultures in which Jewish and Mus- which began in 756 A.D. when the lim scholars were able to work closely with Umayyad prince, Abd Al-Rahman I, be- their Christian counterparts from the vari- came the governor of the old city of Cor- ous Christian kingdoms. The works of doba (Qurtaba) thus establishing an authen- Muslim and Jewish scholars such as Ibn tic continuation of the Umayyad dynasty Rushd (Avveroes), Ibn Bajjah (Avempace), (Menocal, 2003). A truly cosmopolitan Ben Maimon (Maimonides) synthesised kingdom that hosted a range of different with the works of Christian philosophers cultures including the Moors, Jews, Gyp- like Thomas Aquinas, Duns Scotus, and sies, Hispano-Romans and Christians, Albertus Magnus. The Andalusians were Andalusia was also widely known as a cen- pivotal in translating the Greek texts into tre of European civilisation. Arts, poetry Europe. They were the key to providing and music developed remarkably in Anda- the intellectual impetus to nurture Euro- lusia and in this cosmopolitan environ- pean civilisation out of the Middle Ages ment, the famous flamenco dance and into the Renaissance. The new flow of ideas, music were cultivated. People from vari- which translated the Greek philosophical

59 Dialogue + Cooperation 1/2006

texts into a more universal understanding self-centred and determined to see the en- of life and God, initially pervaded the north- tire world adopt its values. He blamed the ern Italian trading republics of Genoa, West for fuelling Islamic radicalism (BBC Firenze, Venezia and Sienna. This was the News, ‘Iran’s ex-leader sees new Islam’, 11 beginning of the ‘quatrocento’, ‘cinquecento’ February 2006). This radicalism is mani- and ‘seicento’ of the Renaissance, which laid fested in the widespread frustrations over the foundation for the Enlightenment in Western domestic and foreign policies, Europe. This inevitably resulted in the lib- which are seen as intolerant of other cul- eralisation, or rather ‘democratization’ of tures. The unsanctioned invasions of Af- the Christian religion, whereby the mo- ghanistan and Iraq, the humiliating abuse nopoly over religious knowledge was sub- of prisoners in Abu Ghraib, the unlawful stantially eroded, giving new powers to the detention of and denial of the right to trial democratic civic state that survive to to- to suspected militants in Guantánamo and day. This was Christian theological evolu- the secret CIA detention centres across tion in a nutshell. Europe, all reflect this rigidity.

If this was the case, why is Europe facing a This being the case, it is imperative for the huge political problem today with regards West to rectify its position with regards to to Islam? If democratisation of the state its domestic and foreign policies lest the from the various ‘religions’ necessarily cre- divide between Muslims and the West grow ates a unitary civic state able to mitigate into a huge chasm, as Dato’ Seri Abdullah the divisive influences, how does it explain Badawi said in his keynote address to the the current Islamic uprising that has beset February 2006 conference. The West and European societies for decades? Muslim governments have a joint responsibility in ensuring that the right people Thus far we have been exposed to a politi- speak for the true Islam. There is a com- cal model whereby, as explained by John pelling need to do justice to the term Is- Rex (1996), a society is unitary in the pub- lam, to revive its universal or natural quali- lic domain but encourages diversity in what ties that give it the label ad-deen al-fitrah are thought of as private and communal (the natural way of life). matters. Does the present Western secular model reflect these features? Although there Let us ponder the words of Prime Minis- is no denial of the strictly secular nature of ter Abdullah Ahmad Badawi at the recent the Western states, is this model able to KL conference, calling on all the bridge- tolerate and accommodate diversity in its builders between the West and the Muslim societies? Many Western models seem to world to multiply their efforts in order to embrace these features, but the Islamic ‘destroy the walls erected by those who are uprisings seem to suggest that many of these hell bent on keeping them apart. The secular models still are not able to deal with bridge-builders must be developed through diversity in a multicultural context. the family, education, the media and tens of thousands of men and women who could This phenomenon seems to indicate that be critical of the weaknesses and wrongdo- secularism today has become an authorita- ings of one’s civilisation and at the same tive ‘religion’ in itself (Al-Attas, 1978) and time empathetic towards “the other” civili- is not able effectively to accommodate other sation. When the bridge-builders reached religio-cultural orientations. The former a critical mass, their collective power would Iranian President Mohammad Khatami, in become so overwhelming that it would de- the February 2006 conference on Islam that stroy the walls created by the extremists on took place in Kuala Lumpur, called the West both sides. At that point, when the bridge- 60 Multiculturalism in Malaysia and Europe: Creating or Nurturing the Middle Ground? builders reign supreme, the people of the a common bond and it was this common West will speak for Islam and the Muslims bond that made them bridge builders.’ will speak for the West. Certain voices in both the West and the Muslim world share A common bond indeed already existed. a common perspective on some of the criti- We just have to know it. All of us generally cal challenges facing both civilisations and possess an innate tendency to preserve the world at large. Both are opposed to peace and justice because we belong to the hegemony, reject violence and terror, yearn same God and natural order. Let us now for a just and peaceful world, are united by work on this platform.

Bibliography Andaya, B.W. and Andaya, L.Y. 1982. A History of Malaysia. London: MacMillan Press. Anderson, Benedict. 1983. Imagined Communities: Reflections on the Origin and Spread of Nationalism. London: Verso. Barth, Frederick (ed.). 1970. Ethnic Groups and Boundaries: The Special Organisation of Cultural Difference. London: Allen and Unwin. Brown, David. 2002. ‘Why Might Constructed Nationalist and Ethnic Ideologies Come into Confrontation With Each Other’, Pacific Review, 15 (4): 555-570. Chandra Muzaffar. 1987. Islamic Resurgence in Malaysia. Petaling Jaya: Fajar Bakti. Chandra Muzaffar.1989. Challenges and Choices in Malaysian Politics and Society. Penang: Aliran. Cheah, Boon Kheng. 2004. ‘Ethnicity and Contesting Nationalisms in Malaysia’ in Cheah, Boon Kheng (ed.), The Challenge of Ethnicity: Building a Nation in Malaysia. Singa- pore: Marshall Cavendish Academic. Daniels, Timothy P. 2005. Building Cultural Nationalism in Malaysia: Identity, Representa- tion, and Citizenship. New York: Routledge. Denny, Frederick M. 1977. ‘Ummah in the Constitution of Medina’, Journal of Near Eastern Studies, 36 (1): 39-47. Firdaus Haji Abdullah. 1985. Radical Malay Politics: Its Origin and Early Development. Petaling Jaya: Pelanduk Publications. Hng, Hung Yong. 2004. Five Men and Five Ideas. Kuala Lumpur: Pelanduk Publications. Kahn, Joel S. and Loh Kok Wah, Francis. 1992. ‘Introduction: Fragmented Vision’ in Kahn, Joel S. and Loh Kok Wah, Francis (eds.), Fragmented Vision: Culture and Politics in Contemporary Malaysia. Sydney: Allen and Unwin. Kamarulnizam Abdullah. 2003. The Politics of Islam in Contemporary Malaysia. Bangi: Universiti Kebangsaan Malaysia. Menocal, Maria Rosa. 2003. The Ornament of the World: How Muslims, Jews and Chris- tians Created a Culture of Tolerance in Medieval Spain. Back Bay Books. Mohamad Abu Bakar. 1986. ‘Islam and Nationalism in Contemporary Malay Society’, in Taufik Abdullah and Sharon Siddique (eds.), Islam and Society in Southeast Asia. Singapore: Institute of Southeast Asian Studies. 61 Dialogue + Cooperation 1/2006

Mutalib Husin. 1993. Islam in Malaysia: From Revivalism to Islamic State. Singapore: Sin- gapore University Press. Nagata, Judith. 1981. ‘In Defence of Ethnic Boundaries: The Changing Myths and Char- ters of Malay Identity’, in Keyes, Charles F. (ed.), Ethnic Change. Seattle: University of Washington Press. Rex, John. 1996. Ethnic Minorities in the Modern State: Working Papers in the Theory of Multiculturalism and Political Integration. Palgrave Macmillan. Roff, William. 1994. The Origins of Malay Nationalism, Second Edition. Kuala Lumpur: Oxford University Press. Sardar, Ziauddin. 1985. Islamic Futures: The Shape of Ideas to Come. New York: Mansell. Syed Husin Ali. 1981. The Malays: Their Problems and Future. Kuala Lumpur: Heinemann Asia. Syed Muhammad Naquib Al-Attas. 1978. Islam and Secularism. International Institute of Islamic Thought and Civilization (ISTAC) Tarling, Nicholas. 1999. The Cambridge History of Southeast Asia, Volume Two, Part One. Cambridge University Press.

62 Vietnam and ASEAN – Regional Integration and Conflict Management

Amity and Enmity: Is Europe Ready for Multiculturalism?

Yeo Lay Hwee*

The cartoons controversy may have caught cieties, between those who feel powerless some people by surprise, but it may be a and the ones who wield the power, between catalyst for a long-waited breakout of a clash those who are losers (or feel that they are between strong and divergent views inside losers) in the process of globalisation and Europe itself. Some people may think that the winners of the race. the row over the cartoons validates Samuel Huntington’s theory about the clash of civi- What are the issues and what can be learned lisations. But I see this more as a clash be- from the cartoons saga? tween minorities and majorities within so-

Nothing Is Local, Everything Is Global

Some decades ago, a report touching on views that the present government is preju- Islam and Muslim values in a Danish news- diced against the Muslim community. They paper would hardly have attracted attention then lobbied the Muslim ambassadors in outside Denmark or Europe. Now, the Denmark for help. Eleven ambassadors growth of transnational links and the speed from Muslim countries also asked to meet of communications mean that seemingly the Danish prime minister, but again, he ‘local’ issues can have a global dimension. refused. The Danish government lost the We are now living in a global village. opportunity to engage in dialogue to get its views across and create the understanding The mistake of the Danish editors was the needed to calm the issue. Instead, the per- failure to understand that when they write ceived ‘snub’ enraged the 11 Muslim am- or publish anything, they are not address- bassadors, and instead of winning them as ing a local audience, but other inhabitants allies, created enemies. (This is a lesson of the global village. As for the Danish gov- about bad political judgement and lousy ernment, there is also a failure to recog- diplomacy, and reflect the stupidity of poli- nize the tremendous changes taking place ticians who do not or cannot or are unwill- within their own and Western societies, ing to see the greater implications of their notably the growth of Islamic influence. actions.) Globalisation is not only about economics, but brings cultural and spiritual differences, Muslim leaders in Denmark were instru- and how to manage these differences needs mental in transforming what was suppos- careful thoughts and actions. edly a local row into an almost global confrontation. They were looking for some sort The refusal by the Danish government to of pressure to force their government into meet with Danish Muslims fuelled the frus- dialogue and apology, and to address their trations felt by the latter and reinforced their grievances and discontents. Instead, this * Executive director and senior fellow, Singapore Institute of International Affairs . 63 Dialogue + Cooperation 1/2006

was used by governments and movements onstrations reflected this in the Muslim world to create a conflict instrumentalisation and politicisation of between the West and the Muslim world. powerful anti-Western sentiments in the The spread of protests and the violent dem- Middle East.

The Issue Is One of Immigration, Integration and Identity The publication of the cartoons raised not presence of the Islamic community in the simply an issue of whether the Prophet society and providing certain legal protec- Muhammad should be caricatured, but a tion of Muslims. But when I was going broader debate on immigration and inte- through Professor Mathias Rohe’s paper, gration. Within Europe, immigration and one sentence caught my attention: ‘Times the integration of migrants have become are changing, and because Muslims now explosive issues. Electoral trends across are an important part of the population, Europe, even in traditionally liberal coun- society as a whole has to accept this fact. tries such as Denmark and Netherlands, Notwithstanding this favourable legal po- show that people are reacting against the sition, Muslims would be well advised not presence of immigrants, particularly those to enforce their rights with the aid of the from different cultural and religious back- judiciary before having patiently tried to grounds. These anti-immigration senti- convince the public of their peaceful in- ments are not just knee-jerk reactions from tentions in building mosques and cultural September 11 but a reflection of the diffi- centres.’ culty of an old, homogeneous society in coping with the influx of immigrants from This in some way to me indicates the crux a very different background with differ- of the problem. At the legal level, there may ent value systems and different conceptions be recognition of the Muslim faith, yet at of community. Such sentiments and de- the popular level, the West is perceived as bates on integration of course intensified ‘biased’ against Islam and Muslims. Mus- after September 11 and then the Madrid lims feel, rightly or wrongly, that they have train attack and the London subway at- become victims of double standards and tacks. What made Muslim young men who selective persecution. They have to be the were born and bred in Europe rebel against ones to exert more effort to prove them- their own adopted country and country- selves, to demonstrate to their fellow citi- men? zens their ‘peaceful intentions’.

In response to these terrorist acts, more Yet at the same time, there is greater vis- and more European politicians are calling ibility of Islam in Europe. Muslims have for the formulation of rules on immigra- managed to establish religious communi- tion and integration that essentially demand ties and to assert their identity in a more compatibility with ‘European’ values, and visible, public and, to some degree, more Muslim immigrants in particular have been controversial, manner. singled out. The sentiments and tone of the debates reflected the difficulty of old, ho- European Muslims seem to me to be placed mogeneous society in struggling to cope in a rather difficult position. It is not easy with racial and religious diversities. to be a Muslim in Europe, with a different national and cultural background from the We hear, for instance, about the various rest of the population. New generations are changes in German law recognising the emerging that may not want to submit to 64 Vietnam and ASEAN – Regional Integration and Conflict Management specific versions of Islam, but they also do and integrate its Muslim minorities? not want to become completely secularised This tough question has to be answered. and to abandon Islam. Rather, they want Will Europe hark back to tradition and aim to legitimise Islam’s presence in the social to cement its traditional ‘European iden- and public spheres. But their efforts to do tity, which, according to yesterday’s discus- this in a context in which religion, or at sion, would be essentially based on a least some religions, are completely Judaeo-Christian heritage, or is it willing delegitimated in the public sphere create to adapt to make room for cultural minori- misunderstanding and fuel tensions between ties, with the inevitable imperative to ad- the majority and minorities. just traditional European values to become more multicultural? This is a tension that The question that needs to be asked is: can has to be addressed within the European Europe truly embrace cultural globalisation community.

The Rise of Prejudice and Intolerance and the Politicisation of Debates

Prejudices are deep rooted. This is because choose to use religion and culture to fuel Islam arrived in the West through two fears and suspicions. Xenophobia and in- means—conquest and post-colonial immi- tolerance towards ‘others” are resulting in gration—which both reflected an unequal right-wing political groups such as the Na- relationship. The relationship between Is- tional Front of France and the Danish Folk lam and West has never been one of equals, Party coming into the forefront of politics but based on domination and subordina- in Europe. Populists capitalise on the in- tion. As Farid Alatas pointed out in his ability of mainstream politicians to provide paper, Islam had been in conflict with Eu- serious answers to the various attendant rope since the eighth century. problems brought about by globalisation— loss of jobs due to economic competition, The inability of some Europeans to accord rising crime because of high unemployment, respect and equality to the “other” in the increasing diversities within society, in- socio-psychological sense is due in part to creasing alienation. a rising sense of fear and insecurity brought about by globalisation, which magnified the The US neo-conservative agenda belief in impact of actions perpetrated by an essen- the triumph of one value over another, and tially small group of Islamic extremists. The the use of any means to spread this value, events of September 11 accentuated this elicit strong responses from those who feel fear. Despite the fact that the attack was they are targeted. Politicians in the targeted not an attack of Islam against the West, it states tried to counter this agenda by politi- is often portrayed as such. cising the issue to make it look like a ‘clash of civilisations’ and an affront to sovereignty The rising tide of Islamic extremism is met and identity. It is interesting to note that at by the rise of extremist political agendas in the height of the cartoons crisis, in response the Western world. Many politicians are to the violent protests, the burning of Dan- unwilling to address the real issues of im- ish flags and attacks on European embas- migration and integration, and more im- sies, the Danish prime minister reportedly portantly the challenges brought about by said that not only Danish but also European globalisation and the new technology. They society and sovereignty were under attack. 65 Dialogue + Cooperation 1/2006

Such feelings of their identity being under rore over the cartoons dies down is the siege and sovereignty being threatened have hardening of attitudes of extremists of both long been held by Muslims in Europe and camps. Muslims outside Europe in the face of what was perceived as Western cultural hegemony The lesson from the controversy is the need and political and economic dominance. for all sensible people to work towards Hence the battle line is drawn—of a cul- mutual respect, tolerance and better under- tural nature but really more political. Cul- standing. As the former foreign minister tural, because the potential for a ‘clash of of Denmark, Uffe Ellemann-Jensen, noted, civilisations’ lies in the deep differences be- ‘We must avoid situations where different tween European and Islamic cultures and values are confronted with each other in traditions. Political, because there are always ways that trigger violence. Instead, we must those who seek to deepen these differences try to build bridges between religions, eth- and turn them into insurmountable gulfs ics and norms. Call it self-censorship if you instead of inspirations for a richer life, for wish. But self-censorship is practiced all the political reasons of their own. time by sensible people. If you wish to stay in the same room as other people, you try The cartoons controversy has given an op- not to offend them through unnecessary portunity for extremists in both the Islamic provocations. The room we are talking and Western worlds to set their agenda. As about now is the global village.’ Karen Armstrong, a leading British academic on religious affairs, commented, it Whether we can prevent an escalation of was criminally irresponsible to publish the confrontation that could well deteriorate cartoons. They have been an absolute gift into a ‘clash of civilisations’ depends on what to the extremists in the Muslim camp: they the moderates in both camps do. The fu- show that the West is incurably ture relationship between the Western Islamophobic. The violent demonstrations world and the Muslim world will be deter- that followed in turn strengthen the hands mined by whether the extremists manage of the extreme right in Europe. Therefore, to carry the day or whether the moderates what is likely to happen even after the fu- gain the upper hand.

What Can We Do?

It is necessary to find and define the prin- sentative of the majority of the popula- ciples of co-existence and to fund initia- tion. tives to improve the lot of the majority of Muslims in the Muslim world and the mi- The belief in dialogue also depends on the norities living in Western societies. assumption that no idea is worth fighting over to the death, and that we can always To fight the prejudices and intolerance pro- reach a position of accommodation if only moted by extremists, we have to continue we sit down and talk it out. However, if with initiatives for better understanding either side believes its values or beliefs can- and find principles of co-existence for dif- not be questioned and wants those beliefs ferent cultures and civilisations. Dialogues to prevail, then dialogue on cultures and simply to promote understanding and civilisation is meaningless. Unfortunately, awareness will not be sufficient. This is there will be people who are not open to because participants in these dialogues are values other than their own. They want generally the elites. They are not repre- confrontation and continued animosity. 66 Vietnam and ASEAN – Regional Integration and Conflict Management

These people will not participate in dia- years’ imprisonment for denying the Holo- logues and will not be receptive to the mes- caust, the threat to cut off aid to the Pales- sage spread by those who did participate. tinian Authority following Hamas’ election win, the uproar in the US about the pur- Dialogue, instead of focusing mainly on chase of P&O, which would result in the promoting mutual understanding of beliefs control and running of six US harbours by and values, should be broadened to finding a Dubai state-owned enterprise, reinforced ways to co-exist. The reality is that we are the perception of Western hypocrisy and now living cheek-by-jowl with one another double standards. in a global village. We have to learn to live side by side. The question is ‘co-existence For someone who looks at issues more from or no existence’. We need to understand an international relations perspective, the that to co-exist, there must be certain ‘red interesting question for me is whether the lines’ that cannot be crossed. Tolerance and cartoons case will move the US and Eu- broad principles of co-existence need to be rope towards or away from each other, and agreed upon. The moderates from both what all this will mean for the role of Eu- communities must also seek ways and de- rope in the world and in its policy towards vise united strategies to counter any groups near neighbours. whose aims are to denigrate, demonise and destroy others. But to return to the question: what practical initiatives can be taken to improve the But more importantly, to really stem the living conditions of the majority of Mus- tide of extremism and intolerance, to pre- lims? Internationally, European countries vent people being recruited to the ranks of should step up their economic engagement the intolerant and the extremists, is to ad- of the Muslim countries, investing more in dress humiliation: the fears and insecurity these countries so that the fruits of eco- of significant numbers of people brought nomic globalisation can be more broadly about by globalisation (which is perceived distributed. Domestically, much more by the majority of Muslims as Westerniza- needs to be done to integrate the different tion). The key is really to undertake initia- communities through a focus on better tives that will improve the conditions of education, and also better access to the la- the majority of Muslims in the Muslim bour market. Perhaps some sort of affirma- countries and the minorities living in West- tive action needs to be taken to address ern countries. If this is successful, the plat- access to the labour market. form for support to extremists will wither away. No one should presume all these initiatives are going to be easy to implement. They Internationally, a first step is to end the would of course run into opposition from perceived double standard and discrimina- European hardliners not wishing to pay tion applied by some Western countries in more, and from the dogmatic parts of the the political and economic arena. In this Muslim community who want to ‘keep out’ respect, the coincidence in the timing of Western influence in any form, whether the cartoons controversy and several other economic or diplomatic. But something events could not have been worse. The re- needs to be done to find a way forward for publication of the pictures showing torture both Europe and the Muslims in Asia and of prisoners in Abu Ghraib, the sentencing Europe. of British historian David Irving to three

67 ‘Islam Hadhari’– a Model for Islamic Countries? ‘Islam Hadhari’—a Model for Islamic Countries?

Patricia A. Martinez* some perspectives about the future of Is- lam Hadhari. The title of this paper was given to me, and I must admit that I was somewhat trou- In the dynamic of ‘authenticity’, which is bled by the phrase ‘a model for Islamic sometimes another name for narrow con- countries’ and its implications of a ‘one- servatism and the power of the self-ap- size fits all’ Islam for the enormous diver- pointed mediators of Islam, detractors sity that constitutes Muslims and their con- claim that the notion of Islam Hadhari does texts. I am always concerned about the he- not exist. Indeed it does not in Arabic. But gemony implicit in any prescription, so I the term is Malay, and it has been vari- offer none about whether Islam Hadhari is ously translated as progressive Islam or suitable for other nations to adopt. This is civilisational Islam. But increasingly, in the also because whether Islam Hadhari be- face of critique, it is not translated but re- comes a suitable model for other nations is ferred to as an ‘approach’—such as in the really up to those Muslims who live else- web site of the Prime Minister’s Depart- where, and surely their acceptance of it ment. The term Al Hadara al-Islamiyya in depends most of all on the reality—the sub- Arabic implies Muslim civilisation, and one stantive outcome—of the Islam it enables finds reference to Al hadara al-Islamiyya fi or evolves in Malaysia. But the question l-qarn al-rabi al hijri (Islamic civilisation mark at the end of the title gave me a reas- in the fourth century), Al Injazat al-Ilmaniyya surance about latitude in interpretation, for fil Hadara al-Islamiyaa etc., with many of which I thank the organisers. these references pointing to what is considered the ‘golden age’ of Islam. The fourth Therefore, this paper examines what Islam century AH (10th century CE) is regarded Hadhari is about from a variety of perspec- as one of the most brilliant periods of Is- tives. First, as described by the prime min- lamic civilisation, when Muslims reached ister of Malaysia, who has been its prime the peak of intellectual progress in ideas, mover, as well as what others in his gov- the sciences, interaction and dialogue with ernment and outside of it have described it the non-Muslim world, among other as. The paper also reflects on elements of achievements. It is this element of knowl- Islam Hadhari’s genealogy and context, then edge attainment, peace and pride that Is- describes how the concept has been invoked lam Hadhari implies or borrows from. and reacted to, and concludes by offering

The Concept/Approach that is Islam Hadhari

The explanation of Islam Hadhari on the Islam Hadhari is an approach that empha- web site of the Prime Minister’s office sizes development, consistent with the ten- states:1 ets of Islam and focused on enhancing the

* Dr. Martinez is associate professor of the Asia-Europe Institute, University of Malaya. 1. http://www.pmo.gov.my/web site/webdb.nsf/is_frameset?openframeset. 69 Dialogue + Cooperation 1/2006

quality of life. It aims to achieve this via • Cultural and moral integrity the mastery of knowledge and the devel- • Safeguarding the environment opment of the individual and the nation; • Strong defenses the implementation of a dynamic economic, trading and financial system; an The web site further explains: integrated and balanced development that creates a knowledgeable and pious people These principles have been formulated to who hold to noble values and are honest, ensure that the implementation and ap- trustworthy, and prepared to take on glo- proach does not cause anxiety among any bal challengers. group in our multiracial and multi-religious country. These principles have been Islam Hadhari is not a new religion. It is devised to empower Muslims to face the not a new teaching nor is it a new mazhab global challenges of today. (denomination). Islam Hadhari is an effort to bring the Ummah back to basics, Islam Hadhari is complete and compre- back to the Fundamentals, as prescribed hensive, with an emphasis on the devel- in the Quran and the Hadith that form opment of the economy and civilization, the foundation of Islamic civilization. If capable of building the Ummah’s com- Islam Hadhari is interpreted sincerely and petitiveness. The glorious heritage of Is- understood clearly, it will not cause Mus- lamic civilization in all aspects must be used lims to deviate from the true path. as reference and become the source of in- spiration for society to prosper. As a government that is responsible for ensuring Muslims are able to meet current A change in mindset among the Ummah challenges without deviating from their requires action that is encompassing, dras- faith, the doors of ijtihad must remain tic and systematic, regardless of sector or open, so that interpretations are suited to partisan loyalty. It requires society to the developmental needs of the prevailing change their tasawwur (worldview). Con- time and conditions. Policies must be bal- sistent with this, the concept of life as anced and broad-based development that service to God and the concept of work encompasses the infrastructure and the as worship, humans as caliphs and the economy; human resource development obligation to seek strength in every as- via a comprehensive education pro- pect of life must be accentuated, in par- gramme; the inculcation of noble values ticular, by the objective of maqasid al through spiritual development and assimi- Syariah which seeks to safeguard, dignify lation of Islamic values. and empower religion, intellect, life, property and progeny. Principles of Islam Hadhari A consistent effort to ensure lasting suc- Islam Hadhari aims to achieve ten main cess must be prepared. Any thinking that principles: confuses and is inconsistent with Islamic beliefs must be rejected in order to allow • Faith and piety in Allah the Ummah resilience and thought to be • A just and trustworthy government built. A change in attitude and culture • A free and independent People requires ijtihad and jihad (struggle). The • Mastery of knowledge concept of jihad must be given a broader • Balanced and comprehensive economic interpretation, covering all aspects of life, development including the pursuit of knowledge, the • A good quality of life mastery of science and technology and • Protection of the rights of minority economic activity. This improvement in groups and women quality (itqan) must become part of our 70 ‘Islam Hadhari’– a Model for Islamic Countries?

culture. Ijtihad that can build the Ummah Life on this Earth is a journey that requires in the modern day must be acknowledged. us to discharge our responsibilities to society in an honest, transparent and trust- Society must be given Islamic understand- worthy manner. Mankind will not fully ing that enables the appreciation and pro- benefit from this life if their attitude and vides the ability to inherit a vision of a worldview is not as it should be; because global civilization, in order to be more suc- Allah created Man to be leaders on Earth. cessful global players. As a strategy to im- It is therefore imperative for mankind to prove competitiveness, the spirit of broth- arm itself with knowledge and with skills, erhood and sisterhood (ukhuwah Islamiah) to enable them to succeed. must be inculcated and expanded to create a strong social network. Society must It is important for the Ummah to be appreciate self- sufficiency and reduce de- guided in understanding and practicing pendence on others. Negative traits and Islam as a comprehensive way of life as a values must be changed to accommodate means to building a civilization. A whole- the values of the tasawwur. some way of life will create the balance between our responsibilities in this world The Ummah must be a society that em- and the Hereafter. Islam is not merely a braces knowledge, skills and expertise in ritual, because ritualism is meant solely for order to build capacity. Islam makes it com- the Hereafter. The government has never pulsory for Muslims to embrace knowl- practiced secularism that rejects the Here- edge in all fields. The misconception that after and focuses solely on worldly mat- there exists a difference between so called ters. Islam must be lived as a system that secular knowledge and religious knowledge integrates the worldly life and preparations must be corrected. Islam demands the for the day of judgment. mastery of science and technology and the enhancement of skills and expertise. Many “But seek, with that (wealth) which Allah verses in the Quran that touch on the need has bestowed upon you, the home of the to master science and technology should Hereafter; and forget not your portion of be studied. All Muslim students should lawful enjoyment in this world; and do be aware of Islam’s contribution to science good as Allah has been good to you, and and technology that brought about the seek not mischief in the land. Verily, Allah birth of the Renaissance in Europe. Initia- likes not the Mufsidun (those who com- tives to produce more Muslim scientists mit great crimes and sins, oppressors, ty- who are capable of making new discover- rants, mischief makers, corrupters.)” (Al ies must be intensified. Qasas : 77)

The Context of Islam Hadhari in Malaysia

Why Islam Hadhari in Malaysia? It is im- ■ Unlike Indonesia, Islam in Malaysia has portant to understand the context into which been definitive in how the nation has Islam Hadhari has been introduced in been imagined, and an Islamic self-con- Malaysia, and which is defined by the fol- sciousness is mainstreamed in public lowing characteristics (among others that I discourse and public life. will not have time to cover):2 ■ This was never more so than during the

2. For more detailed discussion, see Martinez, Patricia A. ‘The Islamic State or the State of Islam in Malaysia’, Contemporary Southeast Asia, Vol.23, No.3, December 2001, and Martinez, Patricia, 2004. ‘Perhaps He De- served Better: The Disjuncture between Vision and Reality in Mahathir’s Islam’, in Welsh, Bridget (ed), Reflections: The Mahathir Years. Washington DC: SAIS, Johns Hopkins University. 71 Dialogue + Cooperation 1/2006

administration of former Prime Minis- This promptly provoked challenges for ter Tun Dr. Mahathir Mohamed. Upon his administration to show how legiti- taking office in 1982, he coopted the mately Islamic Malaysia actually was, Islamic revivalism that was sweeping the and heightened or even intensified the world for his modernising agenda of Islamisation of politics and governance, achieving technological progress and as well as protest from the significant economic development to enable Ma- non-Malay population.5 laysia to rank among developed, First World nations. He did this by describ- In this context and with the approach of ing and showing how Islam and its ten- the 11th general elections which were ulti- ets and practices were compatible with mately called in early 2004, Mahathir’s suc- modernity, wealth and development. cessor Abdullah Ahmad Badawi and his However, he did not foresee that the team changed strategy. They switched from constant public discourse on Islam only attacking PAS’s version of Islam, to a would also serve to heighten Muslims’ more constructive dynamic—which is al- self-consciousness about identity and ways more attractive during an election fidelity, opening the way for others— campaign—of offering a model of Islam to beyond him and his government—to compete with PAS’s vision of Malaysia as prescribe this identity and fidelity.3 an Islamic state (the ultimate articulation ■ Islam has been ethnicised, conflated of which was very general and muted about with Malay ethnicity largely because the more trenchant demands for shari’a as the constitution of Malaysia in Article 160 main law, hudud legislation and such) . That (2) defines a Malay as a Muslim and model or vision of Islam being offered by the two terms are sometimes even used the new administration under Abdullah interchangeably.4 Therefore and unfor- Badawi to Muslims in Malaysia was Islam tunately, non-Malays’ grievances over Hadhari. elements of public policy that are deemed discriminatory are sometimes But contrary to most of the narratives transferred to their perception of Islam. around the origins of Islam Hadhari in ■ Islam is invoked and wielded for politi- Malaysia, the concept was first mooted cal legitimacy by the two Muslim po- during the administration of Mahathir litical parties—the United Malays Na- Mohamed. On 30 December 2002, the tional Organisation or UMNO in the front page of the Malay newspaper Utusan ruling coalition Barisan Nasional, and Malaysia reported that then Prime Minis- Parti Islam SeMalaysia or PAS in the ter Mahathir had attended a closed-door opposition—whose constituencies are dialogue with Muslim thinkers, in a meet- the Malay-Muslim electorate. The dis- ing organised by the Department for Spe- course on Islam is often strident and cial Affairs in the Ministry of Information, polemical because so much is at stake. which was described in the report as also ■ Combating PAS’s overwhelming on- being responsible for managing the issue slaught about more Islamisation and the of Malaysia as an Islamic state. It is rel- need for an Islamic state, in September evant to note that the newspaper described 2001 Dr. Mahathir announced that the department as also being responsible Malaysia was indeed an Islamic state. for purification of the excellent Malay strug-

3. Martinez, 2004. op. cit. 4. See Martinez, Patricia, 2001. ‘Mahathir, Islam and the New Malay Dilemma’, in Ho Khai Leong and James Chin (eds), Mahathir’s Administration: Performance and Crisis in Governance. Singapore: Times Books International. 5. See Martinez, Patricia, 2004. ‘Islam, Constitutional Democracy, and the Islamic State in Malaysia’, in Lee Hock Guan (ed), Civil Society in Southeast Asia. Singapore: ISEAS 72 ‘Islam Hadhari’– a Model for Islamic Countries? gle as well as the concepts of gratitude, State through the Islam Hadhari Struggle.’ unity, and good works (‘Selain itu, jabatan One already discerns some of the context berkenaan turut bertanggungjawab dalam soal and characteristics of Islam Hadhari and permurnian perjuangan Melayu gemilang, its role in enabling Malays under the ru- konsep bersyukur, konsep perpaduan, akhlak’). bric of the affirmative action policy, and The report stated that there was one forum not just Muslims, to embrace modernity, entitled ‘Islam Hadhari’ and others entitled technical progress, wealth and well-being, ‘The Jihad of Facing the Challenges of the as well as legitimating UMNO’s claims to Modern Age’, ‘Islam and Excellent Living fulfilling an Islamic polity and governance. and Malaysia’ and ‘A Progressive Islamic

What the Prime Mover of Islam Hadhari Says about it

It is useful to note how the Prime Minister noble values and injunctions of Islam. has explained Islam Hadhari, and what el- ‘It emphasises the importance of appre- ements he has chosen to highlight. He has ciating the role of science and reason- described it as “an approach towards ing in the lives of Muslims, just as it is achieving a progressive Islamic civilisa- important to understand the laws of Is- tion”,6 and within this mantra are the key lam and its traditions. It is an approach words that the West and the rest would be that values substance over form.’8 able to empathise with—I do not write this ■ Islam Hadhari is not a new religion, a cynically, but in terms of Abdullah Badawi new teaching or a new school of law as a bridge-builder between Muslims and (mazhab), but rather an effort to bring the West, in the context of how he has spe- the Ummah back to basics, to the fun- cifically explained that Islam Hadhari is not damentals as prescribed in the Quran an approach to pacify the West nor is it and Hadith, which formed the founda- apologetic. Islam Hadhari is targeted pri- tion of flourishing Islamic civilisation marily at Muslims, in an intra-communal in the past conversation about how ‘progress and de- ■ The glorious heritage of Islamic civili- velopment are enjoined by Islam.’7 sation in all aspects must be used as a reference to “become the source of in- He has repeatedly emphasised the follow- spiration for the Malay race to pros- ing: per”.9 This indicates a continuity with the previous administration’s deploy- ■ Islam Hadhari is an approach that em- ment of Islam for nation-building, as phasises technological progress and yet another way to enable Malays to be economic development, consistent with comfortable with progress and develop- the tenets of Islam and focussed on en- ment, reassured that these are compat- hancing quality of life. ible with growing self-consciousness ■ It aims to achieve this via the mastery about their Muslim identity and fidel- of knowledge and the development of ity to Islam. individual and nation. ■ It is an approach that is compatible with The way Islam Hadhari is being dissemi- modernity and yet firmly rooted in the nated provides more useful insights into

6. Abdullah Ahamad Badawi, speech at the PERDANA Global Peace Forum Dinner, 16 December 2005. 7. Ibid. 8. Ibid. 9. Abdullah Ahmad Badawi, speech at the UMNO General Assembly, September 2004. 73 Dialogue + Cooperation 1/2006

what is being focussed on and how the con- cents (June 2005) cept is being conveyed. The Information ■ Islam Hadhari: Reintroducing and Ministry has set up coordinating commit- Mastering Branches of Abstract Sciences tees in every state to inform the public about among Muslims (July 2005) government policies and programmes, and ■ Islam Hadhari: Economic and Social these now include Islam Hadhari. Public Policies for Income and Wealth Redis- institutions and the government adminis- tribution in Muslim Countries (August tration have in-house seminars on Islam 2005) Hadhari. For the public, there are ongoing ■ Islam Hadhari: An Understanding of the seminars by IKIM, for example, which have Concept of Faith and Piety to the Al- been held at different locations. The titles mighty (August, 2005) of the seminars are informative: ■ Islam Hadhari: An Understanding of Religious Tolerance, (September 2005) ■ Islam Hadhari: An Understanding of ■ Islam Hadhari: The Structure of Islamic Cultural Integrity Relating to ‘Malay Education in Malaysia (September Proverbs, Traditional Malay Corpus and 2005) the Development of a New Muslim ■ Islam Hadhari: An Understanding of the Mind’ (January 2005) Concept of a Balanced and Comprehen- ■ Islam Hadhari: Understanding the Con- sive Economic Development. (Septem- cept of Moral Integrity (March 2005) ber 2005) ■ Islam Hadhari: The Understanding of the Quality of Family Life (April 2005) In addition, Islam Hadhari workshops have ■ Islam Hadhari: Defence of an Islamic been conducted: State: The Application of Science and Technology (May 2005) ■ Work Ethics: Towards Faith and Piety ■ Islam Hadhari: An Understanding of the to Allah (February 2005) Concept of a Trustworthy and Just Gov- ■ Benefits of Working as a Team (June ernment (May 2005) 2005) ■ Islam Hadhari: An Understanding of the ■ Seeking Knowledge, Innovation and Conservation of the Environment (June Continuous Improvement (August 2005) 2005) ■ Islam Hadhari: An Understanding of the ■ Quality Living: Quality Place of Work Concept of Freedom (June 2005) (September 2005) ■ Islam Hadhari: An Understanding of the ■ Cultural and Moral Integrity (Decem- Quality of Life of Youth and Adoles- ber 2005)

How others explain Islam Hadhari

Apart from the way Islam Hadhari is envi- in the Malay press), as well as some semi- sioned by the prime minister and his ad- nar papers: ministration, it is useful to take a quick look at how others have depicted it before ■ The minister for Islamic Affairs in the examining reactions to the concept. Prime Minister’s Department, Datuk Dr. Abdullah Md. Zin, gave an exten- Because of the exigencies of time and space, sive interview to the English language I offer selected highlights. These are sourced newspaper New Straits Times. In it, he mostly from newspaper articles (especially stated, ‘Islam Hadhari is about the crea- 74 ‘Islam Hadhari’– a Model for Islamic Countries?

tion of a progressive, civilized and tol- national development policies. He said erant society. We believe in the sharing that Islam Hadhari has to be imple- of power and in religious freedom”.10 mented as the nation’s policy of con- He clarified that there was no need to tinual development, that it cannot be amend the constitution to declare Ma- different from or distanced from the laysia an Islamic state, because ‘65% of progress aimed at in the national devel- the population is Muslim. We lead the opment efforts of Vision 2020 (the pro- OIC or Organisation of Islamic Con- gramme and the target date for achiev- ference. All these indicate that we are a ing developed nation status). “In fact, Muslim country ...”11 this policy of Islam Hadhari is the con- ■ Ustaz Datuk Nakhaie Haji Ahmad is tinuation of the policies implemented the director of YADIM or the Malaysian previously”,12 confirming that the en- Foundation for Islamic Mission and one deavour to deploy Islam for encourag- of the small group involved in formu- ing and exhorting Malay-Muslims to lating Islam Hadhari. In a speech enti- embrace technological progress and eco- tled ‘Islam Hadhari’s Mission in Na- nomic development started during the tional Development’, he said: ‘At this Mahathir administration and continues time, there is no effective model of de- under the rubric of Islam Hadhari. velopment, other than modernity. Even ■ Ustaz Nakhaie’s deputy, Datuk Abdul though modernisation began to grow Manaf Ahmad, weighed in with an ar- and develop in the West, but that guid- ticle entitled, somewhat curiously, ‘The ance of the realisation towards moderni- essence of Islam Hadhari is research’. sation itself has close ties with the Is- He wrote, ‘This is the first time in lamic world. This is because the resur- Malaysian history that a winning party gence of Europe itself was produced by that formed the government wants to the influence of the Islamic civilisation implement Islamic teachings in its ad- and the interaction of the European ministration. This promise must be ful- society with that civilisation … Con- filled because they won on the promise tinual modernisation changes the bal- of Islam Hadhari to the Muslims and ance of power between the Western so- the promise of power-sharing to the non- ciety and the non-Western society. It Muslims. In truth, power-sharing is also also increases the strength of the rela- an Islamic concept’.13 tionship and commitment with the na- ■ Astora Jabat, a regular columnist (who tional culture. Therefore, in the begin- is sometimes controversial with the ning, Westernisation eases the path to ulama14) in the leading Malay newspa- modernisation, but in the ensuing proc- per Utusan Malaysia, has written a ess, modernisation facilitates the proc- number of articles reflecting on Islam ess of separating oneself from westerni- Hadhari and trying to explain it for his sation and the path towards the forma- readers. In an article published on 25 tion of national culture becomes clear.” April 2004, he took on the critique of Elsewhere in the same speech, he made Islam Hadhari as divisive, as against the the link between Islam Hadhari and notion of tauhid (unity with God, a dy-

10. ‘A balanced approach that is Islam Hadhari’, New Straits Times, 1 August 2004. 11. Ibid. 12. Datuk Haji Mohd. Nakhaie b. Haji Ahmad, ‘Misi Islam Hadhari Dalam Pembangungan Negara’, speech at the seminar ‘One Year in Putrajaya: Changes within the Frame of Continuity; ‘The Plan for Future Wellbeing”’, Kuala Lumpur, 20 November 2004. 13. Datuk Abdul Manaf Ahmad, ‘Inti Islam Haadhari ialah penyelidikan, Utusan Malaysia, 28 May 2004. 14. Ulama is the plural of ’alim, which means a person knowledgeable about Islam, the faith. It is a largely self- invoked and community-maintained title. 75 Dialogue + Cooperation 1/2006

namic also sometimes invoked for the must hold fast to the theory, words and unity of the Ummah). He wrote, ‘Many implementation of Islam Hadhari, ask why divide Islam into Hadhari, not which includes ‘demands that mission- Hadhari and others? Is not Islam One? aries and Muslim activists avoid using They are right. The true religion of Is- words or actions that may be construed lam is just one, but its contents are var- to hurt Christians because they too have ied or have many elements … apart from rights and responsibilities like Muslims. Islam (worship) there is Islam (politics), Islam does not allow Muslims to cause Islam (economics), Islam (knowledge) evil and endanger Christians. Dr. and many others … all these are ele- Fahmi’s views are directed at Muslim ments of Islamic teaching or are at least nations with Christian Arab permitted in Islam. This means that Is- populations, as in Egypt. In the lam Hadhari is complete Islam …’15 Malaysian context, we can extend the Later in the article, he also described views of Dr. Fahmi to all non-Muslims. Islam Hadhari as the brainchild of Ustaz To do this, in this writer’s view, we have Nakhaie, and traced how it was to become civil through equipping our- Abdullah Badawi who launched Islam selves with a clear and correct under- Hadhari even when he was still deputy standing of Islam’.17 Here, Astora Jabat prime minister, with a focus on reform enlarged the relevance of Islam Hadhari and revival. Astora Jabat then chided to the reality of Malaysia’s multiracial his readers for being too focussed on and multi-religious population. worship and ritual to the exclusion of ■ An editorial from Utusan Malaysia in all else, and stated, ‘Islam Hadhari has May 2004 advised the government to been advocated by many reformers in clarify the confusion among people re- Islam, such as Jamaluddin al-Afghani, garding Islam Hadhari, and anticipated Muhammad Abduh, Rashid Rida’,16 in- hopefully the long-awaited book explain- voking the formative modern thinkers ing Islam Hadhari. The editorial en- whose work has been translated into dorsed existing government policies as Malay and whom Malay Muslims are being “in line with Islam Hadhari” and more familiar with than classical described the concept as “the continua- mufassirun (exegetes) and fuqaha (ju- tion of the practice of the Islamic tradi- rists). tion in this country ... we also see Is- ■ In an article dated 13 June 2004, Astora lam Hadhari as having its own unique Jabat dealt with the accusation that Is- relevance in terms of Islam always be- lam Hadhari is an invention. He first ing connected with negative elements chided the government for poor expla- such as violence, backwardness, con- nations at all levels, and then explained servativeness, oppression and igno- that Arabs themselves have discussed the rance’.18 term and its potential. He quoted from ■ Datuk Dr. Ismail Ibrahim, the chair- an article by Dr. Fahmi Jidan in the man of the National Fatwa Council and magazine Al-Arabi, No. 519, February former director-general of IKIM, has 2002. Astora Jabat wrote that Dr. Fahmi written a number of articles about Is- stated that if Muslims want to return lam Hadhari in Utusan Malaysia. He has Islam to its true and good image, they described Islam Hadhari as an “Islam

15. Astora Jabat, ‘Malaysia model Islam Hadhari’, Utusan Malaysia, 25 April 2004. 16. Ibid. 17. Astora Jabat, ‘Beza Islam Hadhari, Tamadun Islam’, Utusan Malaysia, 13 June 2004. 18. Lidah Pengarah, ‘Serious Laksanakan Islam Hadhari’, Utusan Malaysia, 4 May 2004. 76 ‘Islam Hadhari’– a Model for Islamic Countries?

which is dynamic and civilised …’ He menting Islam Hadhari was a national wrote after the 11th general elections, integrated strategic plan, asking ‘How when the prime minister was swept into do we work for an Islam that is dynamic, power with one of the largest mandates open, progressive and based on knowl- ever, that what was needed in imple- edge?’19

The reactions to Islam Hadhari

Despite the Information Ministry setting tacks on Islam Hadhari, perceiving it—I up coordinating committees in every state believe accurately—as a threat to its plat- to inform the public about government form of offering authentic Muslim leader- policies and programmes, including Islam ship and ‘true’ Islam. PAS has described Hadhari,20 many of its target audience do Islam Hadhari as ‘a new religion that is no not really understand the concept. In a sur- longer Islam’, as ‘new propaganda by vey I conducted in December 2005 of UMNO so as to retain power’ and as mean- 1,000 Malaysian Muslims (random sample ingless because UMNO does not practise determined with Department of Statistics, ‘true’ Islam since concerts with women sing- using the 2000 census data), 94% of re- ing are allowed and the shari’a is not imple- spondents indicated that they had heard of mented as the main law of the nation. It Islam Hadhari. However, in response to argues that only PAS struggles for the ‘true the subsequent question, ‘Do you know Islam to establish its completeness as the what Islam Hadhari is?’, only 43% replied way of life that covers all aspects of living that they did. based upon the Quran and Hadith’.22

There are a few web sites that still feature The Chinese Press in Malaysia barely cov- Islam Hadhari, although it is no longer so ers Islam Hadhari, perhaps deeming it rel- topical. One which ran a recent poll on the evant only to Muslims—yet, as more concept received 1,014 responses to the Malaysians are discovering, Islamisation of question ‘What is Islam Hadhari from your the administration has a very real and sig- point of view?’ The options given for re- nificant impact on non-Muslim Malaysians. sponse were ‘abuse of religion’ In a search of the Sin Chew Daily newspa- (penyelewengan agama), which received per from December 2004 to 2005 (the 19.13% of votes, ‘an interpretation/exegesis university archives did not have January- that is suitable for this time’ (tafsiran sesuai November 2004), there were only two ar- dengan zaman sekarang)—19.03%, ‘politi- ticles on Islam Hadhari, both translations cal propaganda’ (dakyah politik)—43.10% of an article by Farish Noor that will be and ‘not understood’ (kurang faham)— discussed later. 18.74%.21 The majority viewed Islam Hadhari as political propaganda. Many Malaysians of other faiths have ex- perienced and/or perceived some of the In part this is due to the opposition politi- Islamisation policies of both the Mahathir cal party PAS’s extensive and constant at- and Abdullah administrations as slowly but

19. Datuk Dr. Ismail Ibrahim, ‘Bagaimana untuk merealisasikan Islam Hadhari?’, Utusan Malaysia, 11 April 2004. 20. ‘State Coordination Committee to implement information programmes’, Utusan Malaysia, 10 May 2004. 21. Massej Online, Memandu Kebangkitan Ummah, 20 February 2006. 22. Islam Hadhari features in many PAS speeches, its web site and newspaper, Harakah. See for example, ‘Islam Hadhari dakyah UMNO’, and ‘Kemuncak Kehancuran Islam Hadhari di Malaysia’ in Harakah, 16-31 July 2004. 77 Dialogue + Cooperation 1/2006

surely impacting adversely on their free- of positions. These views include, in dom of religion and right to practise their chronological order: religions, which the constitution guarantees. Some have perceived Islam Hadhari ■ One of many letters in Malaysiakini, the in terms of their reality, and not as the on-line newspaper, before the elections prime minister describes it, ‘It does not of 2004. In it, reader M. Jegathesan in any way discriminate against non-Mus- expressed his hope that Islam Hadhari lims because the 10 principles of Islam would enable fairness and justice to all. Hadhari, which include good governance, The letter quotes extensively from the justice and caring for minorities and prime minister’s statements and women, are acceptable to all ... there is speeches, concluding with the one in not one principle that I could think of that which Abdullah Badawi states, ‘We want discriminates against people of different the promotion of Islam in moderation faiths’.23 For example, the first principle with various races living together in of Islam Hadhari is, ‘Faith in and piety harmony’.24 to Allah’, but since there is legislation in ■ A statement by the Democratic Action every state in Malaysia that criminalises Party (DAP, an opposition party) chair- the use of the word ‘Allah’ by those who man, who was then Mr. Lim Kit Siang. are not Muslim (although ‘Allah’ is a pre- He expressed his continuing reserva- Islamic term and Arab Christians pray to tions and resistance to Malaysia being ‘Allah’ in their services), it is difficult for described as an Islamic state, pointing those who are not Muslim to ‘see’ them- out that “the spiral of competition be- selves in Islam Hadhari. tween UMNO and PAS to out-Islamise and out-Islamic state each other to win Prominent Malaysians, both Muslims and Malay votes has become a daily occur- those of other faiths, have also expressed rence with serious consequences’.25 He views on Islam Hadhari. This has mostly continued, ‘A Malay journalist asked me been in terms of understanding Islam what is the meaning of “hadhari” and Hadhari as promoting progressive and this journalist claimed he had never moderate Islam (and the hope therein for heard of it. I checked and I cannot find dealing with the complexities of a diverse it in any of the dictionaries issued by nation) rather than expressing their reac- the Dewan Bahasa dan Pustaka. All we tions about how they think Islam Hadhari know, both Muslims and non-Muslims, as progressive and moderate is succeeding is that it means more Islamisation, and or failing. Since most people express them- it is not always done in the best way to selves only over problems and are silent serve democracy, our constitutional when all goes well, a majority of the re- guarantees and fundamental human sponses have not been complimentary, but rights’.26 the assumption that Islam Hadhari is a good ■ The government of Terengganu (the concept despite the problems is a consist- north-eastern state whose electorate re- ent sentiment. Again, I can only highlight turned the Barisan Nasional to power some examples selected to show the diverse in the March 2004 elections, after a ways in which the concept is being received, brief period with PAS as the state gov- understood and translated from a variety ernment). In response to a reporter’s

23. New Straits Times, 4 May 2005. 24. Malaysiakini,9 March 2004, www.malaysiakini.com/letters/2004030900114412.php. 25. Lim Kit Siang, media conference statement in Penang, 10 March 2004. 26. Ibid. 78 ‘Islam Hadhari’– a Model for Islamic Countries?

question about what kind of entertain- ing the UMNO-PAS polemic about the ment would be allowed, after PAS had term, then asked for Islam Hadhari to cut down severely on even Malay cul- demonstrate its effectiveness by action, tural performances as ‘un-Islamic’, the proposing ‘a clampdown on the mungkar then new chief minister, Idris Jusoh, was [whatever is forbidden in Islam] ele- quoted as stating, ‘What is important is ments and images we see on TV’ and that as long as it is not against religion urging more censorship.30 This letter is and the concept of Islam Hadhari, we indicative of the variety of responses that will allow it when necessary’.27 Never- Islam Hadhari is evoking, beyond those theless, on 13 February 2006, the anticipated by its promoters. Terengganu state Islam Hadhari Devel- ■ Rita Sim, the deputy secretary-general opment Committee deputy chairman, of the Women’s Wing of the Malaysian Muhammad Ramli Nuh, was quoted as Chinese Association, a political party saying that celebrating Valentine’s Day which is a member of the ruling coali- ‘could be regarded as recognising the tion, wrote an article about Islam enemies of Islam because Valentine or Hadhari in the New Straits Times. She Valentinus collaborated in attacking began by stating that non-Muslim Cordoba, once the centre of Islam in Malaysians had been following closely Spain, causing its downfall’.28 Why an the development of the prime minister’s Islam Hadhari Development Commit- Islamic Hadhari programme, because tee is making pronouncements on Is- it was a central campaign issue in the lamic history and practice raises the elections and was seen by many as question of who has appropriated Is- UMNO’s answer to PAS’s vision of an lam Hadhari and for what purpose. Islamic state. She then wrote: ‘The basic ■ A sultan also endorsed Islam Hadhari. elements of the programme, including He is from the same state, Terengganu, striving for progress, development, and where Islam Hadhari seems the most tolerance in a multi-religious, multi-cul- firmly rooted because it was a part of tural context, are welcomed also by non- the Barisan Nasional manifesto to win Muslim Malaysians. Thus their support back Terengganu with the catchy slogan, for the universal character of Islam ‘Islam Hadhari, Terengganu Bestari’ (Is- Hadhari, and the common values which lam Hadhari, Terengganu Excels), offer- it represents, will be critical for its (Is- ing Islam to an electorate that had cho- lam Hadhari’s) success at the national sen PAS in the previous election. Sul- level … Non-Muslims certainly find a tan Mirzan told his people to ‘make Is- comfort zone in the articulation of an lam Hadhari a way of life … implemen- alternative to what is generally perceived tation of this concept is in line with glo- as PAS’ more archaic and even regres- bal needs, particularly of Muslims who sive vision of Islam, but the modern, are powerless to deal with various forms tolerant, progressive face of Islam of threats’.29 Hadhari should be closely monitored ■ A letter to the New Straits Times was and nurtured by non-Muslims.’31 entitled ‘Confusion about Islam ■ In August of 2004, the DAP chairman, Hadhari’. The writer began by describ- Lim Kit Siang, issued a press statement

27. ‘Terengganu to issue guidelines on entertainment outlets, activities’, Utusan Malaysia on-line, 3 June 2004. 28. ‘Valentines not for Muslims’, New Straits Times, 14 February 2006. 29. Utusan Malaysia, 7 June 2004. 30. I.I., ‘Confusion about Islam Hadhari’, New Straits Times, 22 June 2004. 31. Rita Sim, ‘Islam Hadhari and PM’s aspirations’, New Straits Times, 26 June 2004. 79 Dialogue + Cooperation 1/2006

specifically on Islam Hadhari. Stating school.’32 He continued, addressing the that there were more and more refer- emotional and what some deem racist ences to Islam Hadhari in the media outburst at the September 2004 and by national and state UMNO lead- UMNO General Assembly by ers, Lim asked that the government not Badaruddin Amiruldin, the deputy release the promised 60-page document chairman of the assembly, ‘To suggest on Islam Hadhari as a definitive offi- that any country “belongs” to a par- cial document, but as a consultative ticular “race” is tantamount to over- paper allowing for debate and discus- turning the principle of tauhid itself. sion by Muslims and non-Muslims alike, This should be clear to any Muslim including parliament and the various with even a modicum of Islamic in- state assemblies. His call, stating that it struction, though ironically it seems an appeared yet again that only a small alien concept to some of the leaders of group of people were defining the Is- UMNO—the very party that claims to lam that all had to live with, resonated be the defenders of Malays and Mus- with growing numbers of Malaysians— lim interests in Malaysia!’33 Many both Muslims and people of other faiths. months later, the Sin Chew Daily picked ■ Farish Noor, a Malaysian political sci- up Farish’s article and published it in entist who lives abroad and writes ex- Chinese on 3 July 2005, one of the tensively about issues in Malaysia in newspaper’s only two features on Is- his books, and also for the on-line lam Hadhari in 2005. newspaper Malaysiakini, blogs and web ■ Across the causeway in Singapore, sites, invoked Islam Hadhari as ‘pro- Muhammad Haniff Hassan of the Insti- gressive Islam’ in a feature entitled tute of Defence and Strategic Studies ‘Race, Racism and Islam Hadhari’. wrote an article entitled ‘Islam Hadhari Pointing out that the championing of points way for Malaysia’. His review was race and Islam were an oxymoron, he mixed, seeming resigned to a PAS Is- wrote: ‘From an Islamic point of view lamic state ‘because the demographics it is to be noted that the concept of are changing’. Nevertheless, he did con- “race” has no place in either the theol- cede that ‘Muslim scholars say, theologi- ogy or praxis of the religion. To sug- cally, it is difficult to fault the concept of gest that race can be the basis of poli- Islam Hadhari. Indeed, many see the tics, or more bizarre still, the politics premier as having co-opted their rheto- of Islam Hadhari, is a contradiction ric’. He also conceded that Islam Hadhari as embarrassing as a Socialist party try- ‘could in fact be a paradigm for how ing to promote Capitalism! The Prime Malaysian Muslims should see Islam in Minister has said time and again that the context of a multiracial Malaysia in he wishes to present Malaysia to the a changing world’.34 world as the face of moderate, progres- ■ M. Bakri Musa is another Malaysian sive Islam that is plural and tolerant. who writes extensively about Malaysia We wait with bated breath for the ar- but lives abroad as a surgeon in the rival of this new school of thought, USA. Quoting a Malay proverb that while some of the leaders of his own poverty invites impiety, he dismissed party should perhaps be sent back to Islam Hadhari. He wrote that Malay

32. Farish A. Noor, ‘Race, Racism and Islam Hadhari’, Malaysiakini, 2 October 2004, www.malaysiakini.com/ columns/30474. 33. Ibid. 34. Muhamad Haniff Hassan, ‘Islam Hadhari points way for Malaysia’, Singapore Straits Times, 30 October 2004. 80 ‘Islam Hadhari’– a Model for Islamic Countries?

leaders should craft coherent and effec- injustice to their sister citizens. A letter tive policies for the pressing problems in the New Straits Times from ‘S.P.C.’, facing their people, and ‘what they an article by senior journalist Jacqueline should do instead is consult competent Surin of The Edge, an article by Philip economists for solving persistent pov- Bowering of the International Herald erty, for example, instead of clinging to Tribune and another by Baradan the certitude emanating from religious Kuppusamy for Asia Times all invoked authorities who are otherwise ignorant the promise of justice and fairness, of worldly realities’.35 moderation and reform that Islam ■ On the US web site Foreign Policy in Hadhari had promised. Jacqueline Focus, Australian academician Clive Surin wrote, ‘When our government Kessler, who has studied Malaysia for promises to act according to Islam more than 40 years, wrote about the Hadhari’s worthy principles, then re- fate of the proponents of Islam Hadhari neges, and when our courts will not being the same as that of religious mod- uphold the Constitutionally-guaranteed ernists and progressives who have been rights of all, how are Malaysians ex- ‘long targeted by Malaysian Islamist pected to trust the government and the activists, seeking not so much to argue system that has been put in place?’37 A with or against them as to stigmatize New Straits Times editorial also invoked them as un-Islamic, apostates, and ren- Islam Hadhari on the same issue, stat- egades’. He described how the on- ing about the Islamic family law uproar, slaughts ‘do not come only from the ‘If there’s one issue to test the mettle of supposedly “backward” and “regressive” Islam Hadhari’s prescribed infusion of elements in Malay society, they also institutional religion with understand- came, in September 2005, from an or- ing, compassion and kindness, this is ganization known as the Muslim Pro- it’.38 fessionals’ Forum which held an all-day ■ Most recently, Islam Hadhari was in- event to give unbridled rein to such criti- voked beyond a Muslim issue, in a pub- cism of the Prime Minister’s religious lic discussion among Malaysian elites orientation and supporters under the on the state of racial unity after 49 years banner “Liberal Islam: A Clear and of nationhood. Tan Sri Ramon Present Danger”’.36 Navaratnam, a former very senior civil ■ In 2006, two years after Islam Hadhari servant currently serving on the had erupted prominently in public dis- Malaysian Human Rights Commission course in Malaysia, it was being in- or SUHAKAM, was reported to have voked again but in the context of what complained in an article about the fact many deemed, not progressive, but re- that in the government-commissioned gressive Islam. A new version of the Panel on National Unity, ‘we have some Islamic family law that was rushed politicians still harping on the old ways, through parliament raised the ire of and not understanding the Prime Min- women senators, women’s NGOs, both ister’s vision or even his concept of Is- Muslim and non-Muslim, and even or- lam Hadhari and the moderation and dinary Malaysians including, signifi- tolerance of racial and religious differ- cantly, non-Muslims who protested the ence that it carries’. 39

35. Kessler, Clive, ‘Islam, the State, and Freedom of Religion in Malaysia’, 16 November 2005, www.fpif.org. 36. Kessler, Clive, ‘Islam, the State, and Freedom of Religion in Malaysia’, 16 November 2005, www.fpif.org. 37. Surin, Jacqueline, ‘Keep the word on justice, fairness’, 9 January 2006, www.sun2surf.com/article.cfm?id=12525. 38. ‘Reviewing the Situation’, New Straits Times, 13 January 2006. 39. Tan Sri Ramon Navaratnam, ‘Practise what we preach’, New Straits Times, 20 February 2006. 81 Dialogue + Cooperation 1/2006

One analysis is that Islam Hadhari is less enabled. All sorts of Malaysians have em- about an Islam already entrenched in Ma- pathised with this dynamic and the hope laysia, and more, as even the Prime Minis- he offered in 2004, but some now bemoan ter has said, about the exemplification of the fact that they do not see it materialis- an Islam that should exist, evolve or be ing yet, particularly in more recent issues.

Is Islam Hadhari a Model for Other Muslim Nations?

I have no prescriptions, but the prime min- the Muslim world are classified as having ister has spoken abroad to Muslims about low human development … educational Islam Hadhari, and he himself admits that standards are low, illiteracy is high, and he thinks it could assist better governance corruption is a problem. We fare extremely in some Muslim nations. He said so, for poorly in Transparency International’s example, at the Jeddah Economic Forum in Corruption Perception Index. Of the 133 Saudi Arabia in February 2005 and at the countries surveyed in 2003, the Muslim Arab Strategy Forum in Dubai in 2004. At country with the best record could only th both meetings and elsewhere in his capacity rank 26 , four Muslim countries occupied 40 as leader of the country that heads the Or- the last 10 rankings. ganisation of the Islamic Conference, he was courageous in pointing out to Arabs what As he has at home in Malaysia, he has told ails the Muslim world, and then offered Is- Muslims elsewhere that Islam Hadhari is lam Hadhari as a civilisational Islam, an an approach that is ‘compatible with mo- approach that values substance over form dernity, yet remains firmly rooted in the and seeks to make Muslims understand that noble values and injunctions of Islam’. He progress is enjoined by Islam. then points out that the pursuit of knowledge is an important hallmark of Islam Speaking as the chairperson of the OIC, a Hadhari, without which meaningful group of 57 countries with a population of progress and advancement cannot be 1.4 billion people or one-fifth of humanity, achieved. He adds, ‘The position of women he has described the woes that beset many is likewise safeguarded and enhanced. Muslim nations: Malaysia therefore stands committed to human development. We know our economic prospects are inextricably tied to the Despite some post-colonial successes in 41 some parts of the Muslim world, there is quality of human capital …’ also much cause for dismay. The sheer weight of the problems that face the Mus- Apart from exhortations and offering Ma- lim world today is tremendous. Many laysia as an example, as chairperson of the Muslim countries are synonymous with OIC, the Malaysian prime minister has poverty, illiteracy and malnutrition. Some initiated efforts to implement a programme stand out because of oppression, tyranny of capacity building for several countries. and injustice… only a small minority of The Islamic Development Bank is involved the 57 Muslim countries—five to be ex- in the programme. act—is deemed as having high human development by the UNDP … 28 or half Arabs have, over the past few years, lauded

40. Abdullah Ahmad Badawi, speech on the conferring of an honorary degree of Doctor of Laws, International Islamic University of Islamabad, Pakistan, 17 February 2005. 41. Abdullah Ahmad Badawi, ‘Human Development: The Engine of Economic Growth’, keynote address at the Arab Strategy Forum, 15 December 2004. 82 ‘Islam Hadhari’– a Model for Islamic Countries?

Malaysia’s leaders when they have visited able, to Western nations?’ Here already one the Middle East, asking about the nation’s sees a problematic agenda: that it is an Is- success in development. However, there is lam that is ‘palatable’ and ‘acceptable’ to often a paternalism that is also implicit in Western nations, instead of a model that is the Arab media, which often describe Ma- viable and relevant for Muslim nations. laysia as an ‘ideal non-Arab Muslim nation’, Nevertheless, the prime minister replied in a clear privileging of the heartland of courteously—as he usually does, ‘Well, in Islam—the Middle East—as superior. pursuance of our own Islam Hadhari, what Therefore it is difficult to envisage whether we do here, has resulted in us doing things or to what degree Islam Hadhari can be a better, has resulted in the Muslims here model for other Islamic countries. In fair- being progressive, well educated and doing ness, it must be acknowledged that many well in business, in life, in whatever occu- south-east Asian Muslims themselves sub- pation they pursue. That we are respected scribe to such a dynamic in what I have because we know how to respect others, described elsewhere as a core-periphery that we are befriended by good people be- syndrome, where south-east Asian Muslims cause we are ready to befriend others too. as the periphery privilege virtually anything In some ways, I think it does create … and anyone in the Middle East, thus giving attract attention. As it is, I have already enormous power to those who claim knowl- met many people, Muslim leaders, non- edge of Islam and Arabic as the mediators Muslim leaders who also want us to do of Islam.42 something about it to the Muslims in their country. So with that, we can share our In an interview with CNBC on 22 May experience’.43 Elsewhere he has introduced 2004, Abdullah Badawi was asked, ‘If Is- the concept of Islam Hadhari in the con- lam Hadhari can win the hearts and minds text of ‘Malaysia’s own experience of the of the people at home, can it be a model reality of Islam … in our own context, as for Islam, say in the Middle East, one that well as that of an ever-changing world, is more palatable, one that is more accept- fraught with challenges and developments’.44

Concluding Perspectives

Islam Hadhari—progressive, coherent with troubled world. But for citizens of modern modernity despite its flaws and limitations, nation-states to embrace constructive para- embracing pluralism, seeking reform and digms, they have to see themselves reflected renewal, embedded within the sources of in the evolution and objectives of these Islam and ‘seeking for solutions within the paradigms; they have to be involved. Not framework of Islam’45—is quite logically one just in implementing them, but in identify- of the panaceas the Muslim world needs. ing and creating them. Indeed, the justice, well-being and peace it envisions and enjoins are not just common A small group of people working hard to to all humanity, but are imperatives for our create a concept and then telling a mute

42. See Martinez, Patricia, 2005, ‘Is it Always Civil Society versus Islam’, in Nathan, K.S. and Mohammad Hashim Kamali (eds), Islam in Southeast Asia: Political, Social and Strategic Challenges for the 21st Century. Singapore: ISEAS, pp. 137-139. 43. Transcript of CNBC interview, http://www.pmo.gov.my/website/webdb.nsf/is_frameset?openframeset. 44. Abdullah Ahmad Badawi, speech at the Third Extraordinary Session of the Islamic Summit Conference, Makkah, Saudi Arabia, December 2005. 45. Ibid. 83 Dialogue + Cooperation 1/2006

audience what it is about and why they The stakes are high for us in Malaysia to should follow it has been proven by man- make Islam Hadhari a viable model for our agement experts to be relatively ineffective. nation, and perhaps even beyond. Abdullah But it is very much the paradigm in newer Badawi explained why it is Malaysia that postcolonial nations, with some elites con- has formulated Islam Hadhari: ‘We in tinuing colonial paternalism, believing that Malaysia feel that we are well placed to begin only a few are capable of steering the na- this journey of renewal and reform. This is tion, forgetting that nations evolve. And because we can and should build upon the after 49 years of enlightened leaders who tolerance we already observe, and the privileged education over arms, pragmatism interfaith coexistence which we already over ideologies, Malaysia has an educated, practise in Malaysia. We would like to show informed and internationalised citizenry by example that a Muslim country can be who want to be more involved. Also, modern, democratic, tolerant and economi- Malaysians have to see those who created, cally competitive. Islam certainly does not explained and exhorted Islam Hadhari live enjoin us to turn our backs against the rest its ideals in policies, in governance, in the of the world. In fact, Islam teaches us to justice meted out by the law and its imple- find success not only in the hereafter but menters—and thus experience Islam also in this world.’47 Hadhari’s real potential and possibilities. The prime minister of Malaysia cannot do The prime mover of Islam Hadhari con- it alone.46 tinues to hope, and so could we.

46. For a more detailed analysis of the problems and potential in the Abdullah Badawi Administration see Martinez, Patricia A. 2005, ‘Malaysia in 2004: Abdullah Badawi Defines his Leadership’, Southeast Asian Affairs 2005. Singapore: ISEAS. 47. Abdullah Ahamad Badawi, speech at the PERDANA Global Peace Forum Dinner, 16 December 2005. 84 Social Democracy–Not Only in Europe Social Democracy—Not Only in Europe

Thomas Meyer*

1. A Universalistic Approach Neither liberal nor social nor libertarian favour of basic social and economic rights democracy is a local, cultural specialty of and democracy around the world testify. the ‘West’—whatever that may be supposed Indeed, genuine cultural traditions the to mean—and certainly not in the sense world over have the best chance to develop that the forms they developed in the West and flourish unimpeded in the framework must necessarily serve as models for the of a democracy that is liberal in its formal rest of the world. Social democracy in its constitution and social in its deep struc- core institutions and basic values is a uni- tures and contents. versal political culture, as movements in

2. Two Opposing Concepts of Democracy In the global arena and within most present evance and meaning in social, economic, day societies, two opposing varieties of cultural and political life. democracy are competing for spiritual and political dominance: libertarian and social The distinction between libertarian and democracy. Both claim to be appropriate social democracy in today’s world is of cru- strategies for the institutional implementa- cial importance for both democratic theory tion of freedom and justice but contradict and practical politics in each particular each other in all relevant institutional op- country and in the global order as a whole. tions beyond the minimum requisites of It accounts for a substantial part of the the institutions of liberal democracy. Thus differences over how to shape globalisation they represent two different ways to give as it is occurring in the world today. the concepts of freedom and justice rel-

3. Libertarian Democracy

From the scientific point of view, libertar- cal institutions of liberal democracy find ian democracy is characterised by the fact their societal equivalents only in a free that although the state itself is structured market economy combined with free own- along democratic, constitutional lines, the ership of private property and the individual shaping of economic and social living con- responsibility of citizens for their own so- ditions is for the most part regarded as a cial and economic well-being. private domain which should remain beyond the reach of political intervention and Claims for an overall responsibility of gov- structuring. ernment to shape social structures, regulate According to this conception, in a consti- the economy and conduct redistributive tution that guarantees freedom, the politi- policies in order to implement the basic val-

* Dr. Meyer is professor of the Chair of Political Science at the University of Dortmund, Germany. 85 Dialogue + Cooperation 1/2006

ues of freedom and justice for the less well population is doomed to a state of economic off are perceived as an illegitimate invasion and social dependency and want, thus be- by the state into the citizen’s private domain ing excluded from large parts of societal, of freedom. In this conception, civil rights social and cultural life. and democratic freedom of choice in political life correspond in the realm of social and Third: Economic dependency and want of economic life with unhampered freedom of large groups of citizens assume such pro- ownership, private autonomy, private con- portions that those who are affected by them tracting and the self-regulating market. The cannot exercise their democratic civil rights most recent formula to give an operational in real terms. The result is a defective type meaning to this conception of democracy is of democracy that denies relevant parts of the Washington consensus. the citizenry their civil and political rights.

Experiences with the practical performance Hence, libertarian democracy tends to be- of this model where it has been practised come an elite or delegative type of democ- in real life in the course of the last two cen- racy (Guillermo O’Donnell) that restricts turies speak unambiguously in all cases. the opportunities for full democratic par- Since there are always wide differences in ticipation to a limited number of well-to- the social, educational and personal pre- do citizens. Usually tendencies toward so- requisites of individuals in any society, lib- cial disintegration occur in such societies, ertarian democracy results in a series of with rising costs for a variety of more re- violations of universal basic rights when put pressive ways of integrating them. In times into practice. of crisis, the high degree of societal disintegration always tends to be a risk for demo- First: In social and economic life, its re- cratic stability and sustainability. sults are substantial and often steadily growing disparities in the opportunities and It needs to be stressed here that libertarian choices open to different classes of peo- democracy is not equal to ‘Western democ- ple. Large parts of such a society are then racy’ because, since the middle of the 19th denied the social goods of a decent life. century, in practically all European societies, it has been successfully challenged by Second: Regularly a large segment of the its opponent: social democracy.

4. The Claim of Social Democracy

Social democracy today is not just an idea pean countries, in particular after the sec- of how to overcome the weaknesses and ond world war and the experience of the flaws of libertarian democracy, but is basi- world economic crisis that had paved the cally a reality in a variety of European coun- way for it. tries. This model has been constantly in a proc- The historical experience with the short- ess of change and modernisation through- comings and contradictions of libertarian out its lifetime, but on the basis of a well- democracies in 19th century Europe led to defined set of basic values and rights, insti- the conception of social democracy and its tutional preferences and guidelines for increasing majority support in most Euro- policy making. 86 Social Democracy–Not Only in Europe

4.1 Basic Rights The starting point of the concepts of social be guaranteed to every human being com- democracy in its modern form is the United pletely independently from his/her social Nations Covenant on Basic Rights of 1966. status and wealth. This document—which is a valid part of international law—declares five groups of The covenant declaring universal civic, basic rights: civil, political, social, economic political, social, economic and cultural ba- and cultural. sic rights has been ratified by 148 countries from all cultural zones and stages of The first two groups of rights are well development. It represents the normative known. They form the foundation of lib- basis of modern social democracy. In all eral democracy. Civil rights are those such cases where the basic rights of persons are as the freedom to speak and the freedom jeopardised by risks for which political to associate and to assemble; political rights authorities should reasonably assume re- are those such as the right to form political sponsibility, the state has a prima facie duty parties and to vote. But the other three to act. It must ensure that the life chances groups are considered to be of equal im- of citizens subject to such risks are not in- portance and validity: social rights are rights ferior to those of citizens who have not been to social protection, social security, educa- victimised by equivalent risks. tion, health care and the like; economic rights concern the rights to work, to fair Indeed, in the first instance the state has payment, to decent working conditions; and an obligation to prevent such risks from cultural rights protect the opportunity to occurring at all. If it cannot do that, it must participate in the culture of one’s society compensate ‘losers’ for the consequences and to give expression to one’s own cul- of the risks they have undergone. But all tural identity. citizens are likewise obligated to make whatever contribution they can toward The idea behind this five-dimensional con- avoiding or compensating for such risks by cept of basic rights is that freedom and their own efforts. Social democracy, thus, the opportunity for personal development is about social citizenship (Thomas H. and full participation in social life should Marshall).

4.2 A Rights-Based Welfare State

The state fulfils its obligations to act on by a comprehensive social welfare state that several levels. It offers social protection ensures protection of the basic rights al- against risks that violate its citizens’ basic luded to earlier as well as maintaining a rights; it guarantees them equal educational just distribution of life chances. It likewise opportunities, not only for acquiring skills, contributes to economic efficacy and but also for partaking in broader cultural growth as well as to social cohesion and life; and it safeguards their dignity in eco- political stability. The social state acts as a nomic and social contexts. To accomplish kind of shock absorber, damping the inse- these ends, it may need to regulate mar- curities generated by market capitalism by kets in a capitalist economy and guarantee underwriting state-sponsored security guar- a functioning public sphere, among other antees that are independent of the market. things. It provides a minimum income to individu- Social democracy is basically characterised als and families, while offering effective 87 Dialogue + Cooperation 1/2006

protection against sickness, poverty in old the criterion for social democracy. The age and unemployment. Moreover, it pro- other two variants, by contrast, clearly have vides a range of social services such as child institutionalised social civic rights. supervision and care for the aged. Citizens also have certain obligations that In the economically advanced democracies, complement their basic rights: not simply there are three types of social state: the to accept the dignity of all human beings, universalistic social state on the but actively to assume responsibility for Scandinavian pattern, the conservative ver- their own lives. Every citizen is obliged to sion well represented in continental Europe request the aid of the community only to and the liberal model characteristic of the the extent that his or her own efforts to Anglo-Saxon countries. These types of so- earn a living have not met with success. cial state may be distinguished in part by This is a precondition for the maintenance ascertaining whether and to what degree of the entire social security system. they have institutionalised social civic rights. Thus each government is committed to ensure equality of opportunity and justice One condition for the achievement of so- not only in the political realm but also in cial democracy is that there must be a con- economic and social life. Providing the stitutionally guaranteed civic right to so- basic opportunities in life to people is a cial services. The liberal social state, in political responsibility of the democratic which there is only a form of poor relief, state. In order to do this, the state needs to without any legally binding claim on the be organised as a rights-based welfare state. part of recipients, would thus fail to meet

4.3 A Regulated Social Market Economy

Since employment, fair salaries and work- harmonise the market’s operation with the ers’ participation are—in terms of these policy requirements generated by liberal, basic rights—considered to be crucial po- political, economic and social basic rights. litical objectives, the social regulation of markets is a political must. Government Of course, the functional capacity of the responsibility for the broad outcome of the market should ideally be maintained in all economic process and for the treatment of of its productive aspects. Yet the goals of the individual in economic life can not be rising living standards and free consumer avoided. All must be given the chance to choice have to be balanced against those of participate in economic decisions concern- full employment, ecological sustainability ing their fate and dignity. and long-term economic growth prospects. The coordinated market economy is there- In practice, the political economy of social fore a more appropriate arrangement for democracies may accommodate a wide social democracy than the liberal market range of variations. The relationship be- system, since the latter often lacks the in- tween politics and the market is everywhere stitutional means to balance productive characterised by specific areas of tension: against social aims. productivity and growth, flexibility and innovation are constantly pitted against the For the political regulation of markets to principles of social justice and social secu- succeed, a suitable legal framework must be rity. Hence, the fundamental goal of politi- created, and various micro- and macro-eco- cal economy in a social democracy is to nomic strategies for managing supply and 88 Social Democracy–Not Only in Europe demand need to be instituted, in order to entrepreneurial activities they engage in. ensure the primacy of the common good and basic rights over individual private in- Although the level and type of welfare state terests. In principle, the political commu- and social market economy depend on the nity must be in a position to influence the degree of development of a country and its market sub-system so as to minimise poten- cultural traditions, the principles of the tial conflicts between the rationality of indi- political economy of social democracy need vidual economic decisions and goals that to play a constitutive role under all condi- have been politically defined as in the inter- tions and at any level of development. How est of the entire society. Yet economic en- best this is facilitated is a matter of con- terprises need to have sufficient latitude to crete political decision in the specific situ- continue and enhance the socially desirable ation.

4.4. Societal Democratisation and Participation

Essentially a democracy always has three floor level, this means an appropriate kind different approaches with which to achieve of workers’ co-determination. In most public goals (models of governance): other sectors of society, it requires forms of participation of the workforce that al- Through the market, when it is a question low for both the protection of the human of procuring goods and services against dignity of the individual worker and em- payment. ployee and sufficient degrees of effectiveness in the output of the respective societal Through the state, when it is a question of sub-system (administration, schools, health public goods that will benefit all and must, services and the like). if necessary, be procured through instruments of power. Most important is the building up of an active civil society. Not only does this of- Through civil society, when it is a question fer opportunities for citizens to advance of collective goods whose procurement is their own interests and exert a democratis- facilitated through a—voluntary—act of ing influence on representative procedures, solidarity on the part of society. but it also allows for the provision of sup- plementary social support. Furthermore, Deciding which of the three approaches civil society promotes the political should be used for realising which social socialisation of the citizenry, and assumes tasks is in itself a matter that can be settled important society-wide steering functions. only through democratic means. It is in the very nature of a vibrant democracy that an Another fundamental element of social de- optimal balance be reached time and again, mocracy is an open, discursive political depending on experiences gained using public sphere. That requires freedom of the each of these three approaches in turn. press and the other mass media together Obviously, this largely depends on the ex- with the freedom for every citizen to extent to which the citizens themselves are press one’s own opinion. This is one of the willing to involve themselves in the public essential conditions for success in the po- welfare. litical integration undertaken by social democracy. A functioning public sphere not For social democracy, societal democrati- only provides the individual with informa- sation and an active civil society play a cru- tion and arguments but also enables citi- cial role. In the enterprise and at the shop zens to reach agreement about the values 89 Dialogue + Cooperation 1/2006

that will shape their commonwealth, for four other directly political functions that example in matters of educational, eco- make it indispensable for democracy: nomic and social policy. 1. Citizens engaged in small community A free, multifarious and vibrant civil soci- initiatives also acquire the capacity to act ety forms an indispensable basis for a strong in the political field. They learn how poli- and effective democracy. Civil society is tics function and acquire useful informa- the sum of all initiatives, unions, association for successful action and the skills for tions, organisations and networks in which goal and success-oriented community ac- people are voluntarily engaged with the tion. objective of pursuing the welfare of the community apart from their own. 2. With this political expertise and the ability to assert themselves, civil society organi- Experience has shown that dictatorships, sations steadily and consistently work on once they have torn down a democracy, the political parties closely linked to their invariably aim at quickly regulating, cur- goals. They encourage them to act in a goal- tailing or altogether smothering the life of oriented manner. Many active members of civil society. The mere presence of sev- civil society involve themselves in parties eral political parties does not for the most so that they re-establish the parties’ linkage part result in a functioning democracy, if with social interests and values. Through these parties do not have their roots in an the public pressure they exert from outside, active civil society. These insights are as civil society initiatives also act as a con- old as democracy itself, although more stant check on the actions of the parties. often than not they are not adequately considered. 3. Civil society initiatives can also consistently check whether party and government In this understanding of civil society it is action actually brings about the desired re- important to note that it is not just volun- sults in society and whether parties and tary association that defines civil society governments are directly involved in the but also the incorporation of public wel- achievement of these results. fare. Thus, a band of robbers or an anti- democratic group does not form part of a 4. As lobby groups too, civil society is for civil society in this definition. the most part respected in the initiatives and roles it assumes vis-à-vis state admin- Active engagement in a neighbourhood istrations, parliaments and governments as action group, human rights group, envi- well as economic enterprises. ronment protection group, citizens’ organisation or religious or social group is in a Where civil society is vibrant and multi- way on a par with state action. Like the farious, parties, administrations and gov- state, it is aimed at public welfare, al- ernments quickly realise that their words though, unlike state action, civil society must be followed by deeds. engagement is voluntary. In another respect it is akin to economic action, for it They learn that their programmes must be is also voluntary and oriented to securing effective and that substandard action and benefits, though engagement is on an hon- corruption pose a threat. Civil society is orary basis. therefore the most potent, effective and flexible link between the living world of soci- But apart from guaranteeing public goods ety and the world of big politics, including through voluntary action, civil society has the parties. Civil society is certainly no 90 Social Democracy–Not Only in Europe substitute for either the parties or the large ure and stability of a democracy are cru- economic associations, let alone the insti- cially determined by the efficacy of civil tution of democracy. Yet the quality, meas- society.

4.5 Social Democracy and Cultural Divergence

The claim to universal legitimation raised groups, religious nonconformists and in- by social democracy is not undermined by digenous peoples? But this conclusion has the multiplicity of the world’s cultures. To so far not been drawn in the literature of the contrary, every tradition provides some social democracy. support and embellishment for it. Moreo- ver, the alternative values and interests that Cultural and social differences have been challenge and oppose social democracy are either ignored or downplayed. But now the to be found not only in ‘other’ cultures of sphere of social rights evidently must be the world, but in the ‘West’ itself. Thus, expanded to include cultural differences. the rights-derived universalism that social Only such a policy of recognition of differ- democracy asserts cuts across national and ences can meet the conditions of equal citi- cultural boundaries. zenship expressed in all five groups of universal basic rights: civic, political, social, It is nevertheless true that the theory of economic and cultural. It should combine social democracy has always had a prob- three strategies. lem devising appropriate strategies for dealing with ethnic, religious and linguistic dif- First: Recognition of differing cultural iden- ferences, since these are by nature quite tities. distinct from the economic inequalities generated by the market. On the one hand, Second: Recognition by all cultural it must be acknowledged that citizens are collectivities of an obligatory framework of in fact defined and shaped by more than democracy based on the rule of law and just their membership in social classes. On universal basic rights. This would entail the the other, if we think through the implica- emergence of a common political culture tions of this insight, we arrive at an ex- committed to the rule of law. panded conception of social rights. For if there can be social rights for the economi- Third: The equal right of all individuals and cally disadvantaged, especially for those who cultural collectivities to share in the social are poor, unemployed or in need of social and economic resources and opportunities assistance, then why not also for the mem- afforded by society. bers of ethnic minorities or language

5. Theory and Practice

Social democracy is not just a theory or a finds fullest expression in social democracy, utopia but good practice in a variety of since all five categories of basic rights are European societies and—in its own way— most effectively secured by it. Social de- also in an Asian society like Japan. The mocracy should therefore be considered a policies of these countries insure their citi- condition for the achievement of full par- zens against social risks and grant social ticipatory and sustainable democratisation. and political participation. It turns out that By contrast, libertarian democracy, which a culturally universal model of democracy is concerned exclusively with the assign- 91 Dialogue + Cooperation 1/2006

ment of civic and political rights while ig- can neither ensure the efficacy of basic noring social and economic ones, deserves rights in the real world nor secure the equal- to be labelled a ‘defective’ democracy. It ity and political autonomy of its citizens.

6. Progressive Globalisation Social democracy is not only a model for influence developments to the extent to the nation-state but also a project for pro- which the causes of politically significant gressive globalisation. It guarantees the ef- impacts felt in the country (such as envi- ficacy of democracy even under conditions ronmental damage, unemployment, immi- of social and economic globalisation. In the gration, spread of disease) increasingly lie current phase of globalisation, the tussle beyond its borders. between the proponents of libertarian democracy and social democracy is one of The basis for the functioning of a democ- the major issues in the international politi- racy, which is essentially the capacity to cal arena and in each society. There are address politically all the problems in its two questions that figure on the agenda area of jurisdiction, is lost. Where democ- everywhere: racy is no longer in a position to solve the basic problems for which it has been es- Should social democracy be retained even tablished, it loses its significance and raison in an era of global market competition or d’être. relinquished for alleged competitive advantages? For a host of problems, though not for all, a globalisation that is merely economic Can the international political arena be proves first and foremost to be a process politically shaped at all? If so, is this only in of silent de-democratisation. terms of minimum political coordination or does it also apply even for a In order to reacquire democratic powers macroeconomically regulative social and of decision making, the reach of democratic ecological fixing of the markets? decisions must be just as great as the reach of interlinked problems whose resolution While the advocates of libertarian democ- majorities demand. To the extent that racy contend that globalisation has to a large interlinked problems cross national borders, extent destroyed the meaning and possibili- democracy must again tackle them in ad- ties of social democracy, the champions of equate measure if it is not to be devalued. social democracy point to another aspect: This involves the creation of instruments there are not only limits to the welfare state of political action in order to facilitate the from globalisation but also social limits to social and ecological re-embedding of mar- globalisation. kets on a global scale after they have crossed the national domain. Since the 1970s there has been a strength- ening of tendencies towards the global in- Thus, what the globalised world needs is tegration of economic markets and political decision-making structures, forms transnational social linkages in areas as of transnational cooperation that meet the important as information technologies, requirements of actual globalisation. For communication, travel, environmental pol- the transnational level, democracy must be lution, the spread of disease and migration, reinvented. among others. The democracy of a nation- state loses any scope it may have had to The European Union constitutes an experi- 92 Social Democracy–Not Only in Europe ment in this direction. Other associations prospects of solving the most weighty prob- of regional cooperation such as SAARC lems of globalisation effectively. and ASEAN have likewise trodden the path of regional political cooperation. The ex- Governance means steering or regulating pansion of these associations of regional through political means, that is to say, by cooperation, their progressive democra- involving governmental action but without tisation and the establishment of linkages this being confined to action by govern- between them are all important constitu- ments alone. Global governance means si- ents in the process of establishing a global multaneously expanding four different democracy. forms of political coordination and regulation which are again linked to each other, Global democracy needs effective forms of complement, monitor and influence each uninterrupted cooperation while safeguard- other: ing the natural sources of life and ensuring financial stability, balanced economic 1. The expansion of the global political or- growth, the satisfaction of basic needs ganisation, the United Nations, into a body worldwide and decent working and living that can discuss social and economic is- standards. At the same time, we cannot shut sues, reach agreements and influence their our eyes now or in the future to massive implementation. Thus, for instance, there human rights violations beyond our own is talk of setting up a World Security Coun- borders. There is something like a com- cil for economic affairs. mon body of world citizens’ rights in which every citizen can claim protection for his/ 2. Increasing and improving regional po- her basic rights from all other citizens, even litical cooperation between states, such as though the political organisation of the na- in the European Union, ASEAN or tion-state and the region will continue to SAARC. These associations could—on a remain primarily responsible and in charge. broad regional scale—collectively address a significant proportion of the social, eco- Discussions on this aspect have been go- nomic and ecological problems that crop ing on since almost two decades ago and up in individual countries. With their en- the first practical steps for the globalisation hanced leverage, they could in turn play a of democracy. They are by no means ad- role in the global shaping of economic, eco- equate, although many of them point in the logical and social developments. right direction. A global government seems neither realistic nor desirable as a solution 3. Enhancing, improving and most impor- to the problem of global democracy. It is tantly democratising transnational regimes. not realistic because sooner or later impor- The term ‘regime’ refers to transnational tant and influential nation-states would political regulation in a specific area that refuse to accept this solution; it is not de- poses problems, such as the liberalisation sirable because the growing distance of the of global trade, ecology, basic social condi- economic centres from the societies affected tions or the exploitation of the seas. The by their actions will serve only to further WTO is an example of such a regime. A reduce chances of democratic influence, in transnational regime sets down a binding more respects than one. transnational settlement of the problem of concern in a contract, with an independ- As a model for a solution, the concept of ent authority and a well-regulated proce- global governance is the most highly ap- dure of arbitration also being established proved internationally, stands the best for the same. A global social democracy is chances of being realised and offers the best concerned not just with the democratisa- 93 Dialogue + Cooperation 1/2006

tion of existing regimes but also with the tion, thereby ushering in changes. But on enhancement or re-establishment of re- the other hand, they can also solve a series gimes that address issues such as working of problems on their own through their conditions, social standards, global finan- coordination. cial flows or the eradication of unemployment. In a world of global markets and global social influences, democracy also calls for 4. Transnational civil society has proved globalisation. itself to be an influential political network. The initiatives of civil society could on the Negative globalisation involving the mere one hand link the interests of the people in dismantling of borders for market expan- their living environments with the actions sion must be balanced by a positive or pro- of large political institutions in a manner gressive globalisation of establishing politi- that is more immediate than is the case cal structures of responsibility. In this age with political institutions. As lobby organi- of globalisation, the latter is on the agenda sations and watchdogs, they could condemn of all true democrats. It is what social de- the actions of concerns and organisations mocracy means in the world of today. that go against the interests of the popula-

6. Conclusions

To sum up, three conclusions can be drawn Second: There are undisputable successes in order to mark the characteristics of so- in the dimensions of welfare protection, cial democracy: social justice, the expansion of democracy, economic performance and democratic sta- First: Social democracy is neither a system bility in those countries that embark on nor a patent remedy for all social and eco- the way of social democracy. Social de- nomic diseases nor a ready-made model mocracy is an approach that works but that could be exported to everyplace in the needs permanent endeavours and read- world. It is a pragmatic approach to give justments. equal value and importance to all five basic rights in the framework of liberal democ- Third: In an era of globalisation, social racy. Its institutions need to be shaped to democracy requires simultaneous imple- suit the concrete conditions of individual mentation at both levels: in individual coun- countries under the influence of economic tries and in the global arena. globalisation.

Selected Literature

Dahl, Robert A. 1989. Democracy and its Critics. New Haven and London: Yale University Press. Esping-Andersen, Gøsta. 1990. The Three Worlds of Welfare Capitalism. Pinceton, NJ: Princeton University Press. Esping-Andersen, Gøsta. 1999. Social Foundations of Postindustrial Economies. Oxford: Oxford University Press. Gray, John. 1989. Liberalisms: Essays in Political Philosophy. London, New York: Routledge. 94 Social Democracy–Not Only in Europe

Gray, John. 1993. Post-Liberalism. Studies in Political Thought. London, New York: Routledge. Habermas, Jürgen. 1992. Faktizität und Geltung. Beiträge zur Diskurstheorie des Rechts und des demokratischen Rechtstaats. Frankfurt/M: Suhrkamp. von Hayek, Friedrich August. 1979. Liberalismus. Tübingen: Walter Eucken Institut. Held, David. 1995. Democracy and the Global Order: From the Modern State to Cosmopoli- tan Governance. Cambridge: Polity Press. Held, David. 1996. Models of Democracy. Cambridge/Oxford: Polity Press. Held, David and Anthony McGrew (eds). 2000: The Global Transformation Reader. An Introduction to the Globalization Debate. Cambridge: Polity Press. Heller, Herrmann. 1971. Gesammelte Schriften. Mit einer Einleitung in die Schriften Hermann Hellers von Martin Drath and Christoph Müller. 3 Bände. Leiden: Sijthoff. Kaul, Inge, Isabelle Grundberg and Marc A. Stern (eds). 1999. Global Public Goods. Inter- national Cooperation in the 21st Century. New York/Oxford: Oxford University Press. Kymlicka, Will and Wayne Norman. 2000: Citizenship in Diverse Societies. Oxford: Ox- ford University Press. Leibfried, Stephan (ed). 2001. Welfare State Futures. Cambridge: Cambridge University Press. Lipset, Seymour M., K.R. Seoung and J. Torres. 1993. ‘A Comparative Analysis of the Social Requisites of Democracy’, International Social Science Journal, 136. Marshall, Thomas H. 1992. Citizenship and Social Class. Frankfurt/M: Suhrkamp. Merkel, Wolfgang. 1999. ‘Defekte Demokratien’, in Merkel, Wolfgang and Andreas Busch (eds), Demokratie in Ost und West. Für Klaus von Beyme. Frankfurt/M: Suhrkamp. Merkel, Wolfgang. 2001. ‘The Third Way of Social Democracy’, in Cuperus, René, Karl Duffek and Johannes Kandel (eds), European Social Democracy Facing the Twin Revo- lution of Globalization and the Knowledge Society. Amsterdam/Berlin/Vienna: Fo- rum Scholars for European Social Democracy. Merkel, Wolfgang. 2002. ‘Social Justice and Social Democracy at the Beginning of the 21st Century’. Willy Brandt Lecture 2002. Organised by the Friedrich Ebert Foun- dation and the Beit Berl College. Tel Aviv. Meyer, Thomas. 1995. Social Democracy, An Introduction. New Delhi, Bonn: Friederich- Ebert-Stiftung. Meyer, Thomas. 2001. Identity Mania. Fundamentalism and the Politicization of Cultural Differences. London: Zed Books. Meyer, Thomas. 2004. Democracy. An Introduction. Jakarta: Friederich-Ebert-Stiftung. Meyer, Thomas. 2006 (forthcoming). Theory of Social Democracy. Cambridge: Polity Press. Nozick, Robert. 1974. Anarchy, State and Utopia. Oxford: Basil Blackwell. O’Donnell, Guillermo. 1994. ‘Delegative Democracy’, in Journal of Democracy, 5(1), pp. 55-69. 95 Dialogue + Cooperation 1/2006

Polanyi, Karl. 1977. The Great Transformation. Politische und ökonomische Ursprünge von Gesellschaften und Wirtschaftssystemen. Wien: Europe Verlag. Rawls, John. 1971. A Theory of Justice. Cambridge, Mass: Harvard University Press. Rieger, Elmar and Stephan Leibfried. 2001: Grundlagen der Globalisierung. Perspektiven des Wohlfahrtsstaats. Frankfurt/M: Suhrkamp. Roemer, John. 1996. Theories of Distributive Justice. Cambridge, Mass: Harvard Univer- sity Press. Scharpf, Fritz W. 1991. Crisis and Choice in European Social Democracy. Ithaca, NY: Cornell University Press. Sen, Amartya. 1999. ‘Global justice: Beyond international equity’, in Kaul, Inge et al. (eds), Global Public Goods. International Cooperation in the 21st Century. New York and Oxford: Oxford University Press. Sen, Amartya. 1999. ‘Human rights and economic achievements’, in Bauer, Joanne R. (ed), The East Asian Challenge for Human Rights. Cambridge: Cambridge University Press. Walzer, Michael (ed). 1995. Toward a Global Civil Society. Providence/Oxford: Berghahn Books. Zürn, Michael, 1999. ‘Democracy beyond the Nation State’, in IIS Working Paper 12/98. Bremen.

96 Conference Summary

Conference Summary

Pauline Puah*

The third Asia-Europe Dialogue of Cultures, (social justice), in selection procedures entitled ‘How do we shape a more just (equal opportunities) and in reconciliation world?—Exploring concepts of justice in Asia (equality) between groups based on gender, and Europe’, was convened by the Friedrich- generations, culture or religion. Ebert-Stiftung in Kuala Lumpur, Malaysia, from 28 February to 1 March 2006. It is undeniable that there are new problems, needs and aspirations—poverty, age- About 40 local and international partici- ing societies, reduced sovereignty of states, pants—academics, opinion leaders, politi- migration and cultural self-determination— cians and representatives from civil soci- that challenge the traditional application of ety—participated in the discussions and justice. debates over several issues raised in the two-day conference. Eight papers were presented in four ses- sions, followed by comments from the The organiser deemed the discussion on discussants and other participants on how concepts of justice necessary because it state and society react to those challenges. could be a potential source for peace or The focus of the dialogue was on several conflict in or between civilisations. current trends, public debates and features of justice in order to gather what people Discussions in the conference noted that perceived as ‘just’ or ‘unjust’. How to cre- there is no unique and universally shared ate a dialogue between the West and the definition of justice. However, there is a Islamic world continued to be in the lime- common perception that justice means the light of the conference. fair, moral and impartial treatment of all persons and that justice is shaped through Not surprisingly, also widely debated were personal behaviour or ‘values’, together with the controversial caricatures of the Prophet laws, policies and politics. Muhammad first published in a Danish daily and reprinted by a few other Euro- Justice plays a prominent role in different pean newspapers, which sparked worldwide areas of life, in particular in living together protests and violence among Muslims.

Guardians of Justice

In the first session of the conference, the Minority Muslims in Europe are searching arguments were on whether the secular for practical solutions to organise their lives state under the rule of law will allow true in accordance with Islamic religious com- freedom of more than one religion and mandments and simultaneously fit into the whether secularism is in the tradition of demands of the European legal orders. The Islam. challenges in European legal orders today,

* Pauline Puah is a journalist in Malaysia. 97 Dialogue + Cooperation 1/2006

therefore, would be religious diversity and legal system. To reform the Islamic legal a mix of elements between assimilation and system, it is vital to identify who has the segregation. Secular laws in Europe were power or authority to interpret Islam. seen as helping minorities to defend their ‘What is the source of justification in in- rights. terpreting a particular law?’, asked a participant. A presenter argued that historically and from a jurisprudential point of view, the In Europe, one important issue that needs nature of law in Islam could be under- to be addressed is the widespread fear that stood as ‘secular’. ‘Justice’ is a secular Islamic extremism will become a main- concept; Muslims today should reform stream. their legal system and establish democratic states based on secularity and hu- One participant said that Islamic laws are manity of law in the Islamic tradition. often stereotyped as rigid and not in line The major problem in the Muslim world with development. Citing the history of the today is that Islamic laws have been de- Ottoman Empire, the participant said Is- fined as God’s rule. lamic laws were in fact highly flexible to accommodate the interests of an individual Another obstacle faced by Muslims today or a community. is that most of the Muslim countries are considered not democratic. Different opinions should be allowed to be discussed in a public sphere and everyone Muslims in Europe or Asia should obtain should have a chance to take part in the modern knowledge to reform the current discussions.

Myths and Realities

The second session focussed on the his- The separation between church and state torical development and evolution of the in Europe was neither uniform nor general Islamic and the secular state. even though religion is said to be on the decline in most of Europe. Secularism has The secularisation of the West or Europe benefited from a decrease in conflict in is a result of a very recent history, although postwar Europe. Religion remains a signifi- its roots can be traced to the 19th century. cant force in areas where national conflicts The compromise was between well-estab- have remained a major component of daily lished religions and new and old states. The life, such as Ireland and parts of the former compromise, however, did not take into Yugoslavia. account the growth of Islam as an important religious minority in a number of Eu- One discussant pointed out that democ- ropean countries. ratisation in Europe has led to weaker individual commitment to religious prac- While nation building in Europe required tice. a compromise between state and religious authorities, in south-east Asia, liberation It was noted that Christian-Muslim dia- movements and nationalism were strongly logue had long existed and permeated daily driven by religious sentiment and ideas, for life, but unfortunately only conflicts were instance in Malaysia and Indonesia. highlighted. 98 Conference Summary

Three central themes of the study of civili- cally the political background in Europe has sations would be inter-civilisational encoun- always been heavily dependent on the his- ters, the multicultural origins of modernity tory of Christianity. Thus the secular move- and the variety of points of views. ment in Europe does not mean that the Christian heritage there has lost its influ- Islam is the only civilisation to have con- ence and importance. To understand Chris- quered the West and to have been involved tian culture, one must be able to under- in continuous conflict with the West, but stand the theology of Christianity. civilisational encounters are not always negative. For example, the Crusades re- The same principle should apply if one sulted in much scientific and cultural bor- would like to understand Muslim culture. rowing between Muslims and Europeans. Otherwise, it is impossible to form a dialogue. Modern civilisation is usually defined in Western terms, but many aspects of mod- A participant pointed out that the mean- ern civilisation come from Islam and other ing of jihad, which is not well-understood, civilisations such as India and China. especially by non-Muslims, was also absent from the session. Since dialogues The perspective of Muslims who fought the should look not only at collaboration but crusaders and then lived among them when also at conflict, the participant said that European soldiers settled in and around the therefore it is important to consider the Holy Land is instructive, helping to com- meaning of jihad and who should inter- plete the picture of an otherwise fragmented pret it. reality. Another participant noted that relying on However, a discussant said the historical dialogues to promote understanding and existence or the evolution of an Islamic awareness will not be sufficient because state had been absent from the discussions. those involved in the dialogue are generally elites and thus are not representative of the A significant point was raised that histori- majority of the population.

Civil Society between Amity and Enmity

Session three of the conference cited two with a different national and cultural back- countries, Denmark and Malaysia, to de- ground from the rest of the population. pict civil society between amity and enmity. There is also the emergence of a new gen- The Danish caricatures debacle was not the eration who may not want to submit to spe- clash of civilisations promoted by Samuel cific versions of Islam, but at the same time Huntington but rather a clash triggered be- also do not want to become completely tween minorities and majorities within so- secularised to the point of abandoning Is- cieties, between those who felt powerless lam. Rather, they want to legitimise Islam’s and those who wield power, between those presence in the social and public spheres. who are losers (or feel that they are losers) But their efforts to do so in a context where in the process of globalisation and the win- religions, or at least some religions, are com- ners of the race. pletely de-legitimised in the public sphere create misunderstanding and fuel tensions It is not easy to be a Muslim in Europe, between the majority and the minorities. 99 Dialogue + Cooperation 1/2006

The question that needs to be asked is: ‘Can not only between the West and the Muslim Europe truly embrace cultural globalisation world but to include members of other re- and successfully integrate its Muslim mi- ligions. The dialogue between Europe and norities?’ The inability of some Europeans Asia should focus on how to define to accord respect and equality to the ‘other’ multiculturalism in Asia and Europe. in the socio-psychological sense is due in part to a rising fear and insecurity brought Another participant expressed the view that about by globalisation, which has magni- liberal and progressive groups should know fied the impact of actions perpetrated by a how to control and shape the public space small group of Islamic extremists. The so their ideas will be supported. events of September 11 accentuated this fear. Public outrage is vital to uphold justice. Individuals must confront extremists exist- The rise of Islamic extremism was met by ing in their own community. the rise of extremist political agendas in the West. Many politicians were unwilling Lack of policies to deal with minorities who to address some of the real issues about decline to integrate, especially in Europe immigration and integration, and more im- and Denmark in particular, was the cause portantly the challenges brought about by of the problem in Europe today. globalisation and the new technology. They chose to use religion and culture to fuel In Malaysia, Islam was often perceived fears and suspicions. through an ethnic lens, which more often than not creates an exclusive interpretation of the The cartoon controversy has given extrem- religion. In a socio-political landscape domi- ists in both the Islamic and Western worlds nated by Malay Muslims, Islam has been ex- an excuse to set their agendas. One par- ploited to justify the ethnic divide. Today, ticipant deemed the caricature debacle not because religion is not an easily shared com- a clash between the West and Muslims but ponent, Islam in Malaysia becomes an emo- rather a clash between the fundamentalist tive and formidable force of Malay identity. and liberal in each religion. In postwar Bosnia, people can live together Conflicts exist and people rebel not because now due to the real connections between of hunger but because of injustice. There- different ethnic groups. In Bosnia, fore the focus must be on a profound in- multiculturalism means managing the het- teraction of civil society. Europeans should erogeneous nature of society. Malaysia is not fight to live in diversity with laws and pro- a good example of a solution because it is tection of human rights. Discussions should still finding a national identity. While an be based on respect for different groups interfaith commission and policies are still and not insulting others. absent in Malaysia, Bosnia already possesses a very successful interfaith commission based The interfaith dialogue should be formed on practical, not theoretical, methods.

Visions of Justice

The final session of the discussion sought Prime Minister Abdullah Ahmad Badawi. to visualise justice under the concept of social democracy as well as the concept of The concept of social democracy is a com- Islam Hadhari in Malaysia discussed by monly accepted format of the 1966 United 100 Conference Summary

Nation Covenant of Basic Rights, which parties were in crisis and the British vari- provides for five sets of basic rights, namely ant, the British Labour Party, was particu- civil, political, social, economic and cul- larly an embarrassment. The term ‘social tural. democracy’ was used as a label for a certain variant of democracy and not as a name The first two sets are shared by different of a political party. For instance, most Eu- variants of democratic theory, viz. libertar- ropean countries implement some form of ian and social democracy. But the former social democracy. deserves to be called ‘defective’ for not including social, economic and cultural rights Another participant argued that the UN in its articulation of democratic reforms, Covenant of Basic Rights is the product of treating them as belonging to the private influence by a particular ideological view domain. of the 1960s which may not be shared now.

Without a combination of all these five sets The term ‘Islam Hadhari’ is Malay and has of rights, democratic participation will be been variously translated as progressive Is- limited to a small group of well-to-do lam or civilisational Islam. In the face of a citizens. Social democracy is more impor- critique that Islam Hadhari can not be di- tant than ever as the world is increasingly rectly translated, it is increasingly not trans- integrated through market-dominated lated but referred to as an ‘approach’. The globalisation. The state and civil society official version of the concept states that actors must be included to ‘harmonise the Islam Hadhari ‘is an approach that empha- oppressive elements of the market’. This sises development, consistent with the ten- is not to suggest that productivity and ets of Islam and focussed on enhancing the growth are not important, but that there quality of life’. should be a balance between concern for profit and collective social needs. It ‘aims to achieve this via the mastery of knowledge and the development of the in- Social democracy should also be simulta- dividual and the nation; the implementa- neously implemented at both domestic and tion of a dynamic economic, trading and international levels to foster cooperative financial system; an integrated and balanced actions that uphold the dignity of human development that creates a knowledgeable beings and general welfare. and pious people who hold to noble values and are honest, trustworthy, and prepared Cultural diversity will also find fullest ex- to take on global challenges’. pression in a social democracy that effectively secures all five categories of basic and Islam Hadhari is not a new religion, new universal rights. teaching or a new mazhad (denomination). It is an effort to bring the Ummah back to Terrorism is best averted through the pro- basics and the fundamentals as prescribed vision of equitable social and economic in the Quran and the Hadith, which form rights for all, which will undercut support the foundation of Islamic civilisation. Is- for violence. While many who participated lam Hadhari was deemed as ‘progressive, in terrorism were from middle class back- coherent with modernity despite its flaws grounds, the roots of their support can be and limitations, embracing pluralism, seek- traced to social and economic injustices. ing reform and renewal, embedded within the sources of Islam and seeking solutions One participant suggested that it is time to within the framework of Islam’. On reflect on why European social democratic whether Islam Hadhari is a model for other 101 Dialogue + Cooperation 1/2006

Muslim nations, no prescription was given. ful that it can be used to justify current social democracy and a capitalism that is A discussant said the concept of Islam going in a wrong direction. Hadhari was in fact very political in nature. Unlike the concept of class in Europe, Another participant said the concept can- race or ethnicity is the essence of the po- not justify justice in Malaysia because there litical landscape in Malaysia. As the number are not equal rights for every ethnic group. of Muslim voters is increasing, the concept of Islam Hadhari is now focused on devel- Several participants pointed out that al- opment the better to woo votes. though Islam Hadhari or social democracy Islamisation has been interpreted as a Mus- were both brilliant concepts, the pivotal lim developmental agenda to deal with the point is how to implement them. Other- multiracial society and to win over non- wise, the concepts will be mere political Malay voters. rhetoric.

It is crucial to have a dialogue in the multi- Before the conference came to an end, it racial setting and have a better understand- was proposed that the next Asia-Europe ing of the importance of a tolerant Dialogue of Cultures should focus on the society. One participant noted that although mutual prejudices, stereotypes, clichés and Islam Hadhari is a good concept, it is doubt- images of Asians and Europeans.

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