Rumour Has it: Ijtehad and Ijma in Modern Times: Part 1

Nilofer Qazi21 Feb 2011

The Islamic Republic of Pakistan, what does this mean? Recently I reread Professor John L Esposito’s, Rethinking Islam and Secularism a wonderful dialogue with Islamic scholars from around the Muslim world.  Note worthy is the absence of a Pakistani scholar or a single woman! Nevertheless, this important paper is a reminder of the absence of a meaningful discussion about what do we mean by ‘an Islamic republic’, or what ‘ethics’ are we espousing?

 Amidst the current battles between and amongst our public institutions, for example, what principles are they actively fighting for or what are the security establishment so desperately protecting us from? What does democracy mean to our politicians?  Many of us – who think- are struggling with these ideas.  Although there has been some public discussion on what defines Pakistan, it is important for us especially those involved in various movements too reflect constructively and intellectually on the ‘principles’ these movements are based upon.

 In Professor John l Esposito’s, Rethinking Islam and Secularism, Islamic Scholars dialogue and debate what do the concepts of the State, Islam, Secularism and Democracy mean to Muslims. This discussion is very relevant to Pakistan’s current conundrum.  The ideas of what democracy means in Muslim societies is also critical since we profess to be ‘Islamic and Democratic’. Understanding what does secularism means or doesn’t, is also relevant given the association of secularism with pluralism. These scholars place these important social political and religious ideas within our 20/21^st century contexts which is what I refer to as modern day Ijtehad of our Ijma. 

The differing opinions are not only based on the traditional positions by Islamic scholars of the past,  BUT also  ideas  based on the current and varied social political realities of Muslim societies TODAY. Thus Muslim majority Sudan, Bosnia in Europe, Indonesia’s multi ethic religious populations all inform and shape the ideas of their Islamic scholars. The interpretations or Ijtehad they develop reflect the political struggles they have experienced and accommodate their realities within an Islamic principled framework(s).   Hence for Pakistanis activists, intellectuals, religious scholars and all of the above should engage in these global discussions, but also begin our own internal domestic national discussion. This dialogue can end Pakistan’s ongoing existential crisis and move towards some conclusions.

Our public spaces, whether on television, print or our academia have little to offer for those engaged in public transformation movements. Without clarity of ideas/principles all struggles in all their forms cannot be sustainable.

The Pakistani judiciary has been branded as an ‘over active’ institution, involved in political and social transformation - but has it really become involved in transformational activities? What are the fundamental principles are they defending?  What laws are they preserving and ‘fighting’ for, more importantly, what are the foundations of those ‘laws’?  What are the principles of social justice that are enshrined in these laws and norms?

 The ideology of Pakistan continues to be debated, even after 65 years; moreover, it remains unclear  to many of us what are the sacred principles enshrined in the 1973 Constitution,  amended  so many times, by its own founder(s), and  then further mutilated by subsequent governments, it is impossible to fathom the relationship between the Citizen and  State in this Document? To further  confuse, Pakistan has incorporated  ‘Islamic laws’ interpreted by select men, contradictory in principles and intent with many  actual principles of Islam ; for example,  ‘let there be no compulsions in religion’ (2:256) or seemingly clear ‘to you is your path (religion) ;to me mine” (109:6) or  the Islamic principles (of pluralism)  in Sura (5:48) in which  all communities and faiths are considered equal and non considered purer or higher than any other?  The current Pakistani laws which have many discriminatory ‘laws’ against its own citizens, (Ahmedias  e.g.) have little justification in secular or religious law.  In its current form what legal system are we fighting to preserve, which has little ‘Islamic principles ‘or any norms of social justice?

 If this is not confusing enough, we also maintain pre colonial land revenue systems and colonial civil law after 65 years of independence!  These laws were developed to control populations not too provide justice and equity.  A glaring example of this hangover is the land revenue management system  which is maintained in an archaic system of documents and measurements exclusively managed  by under-illiterate ‘revenue officers’ who  are (not) trained. The measuring ‘instruments’   include  strings, steel rods, and manual feet size which would not  pass  any  standardized testing systems of the 20^th century.  The intent (niyat) of maintaining this system is too control the information on land. Having the power of verifying documentation is enormous in an aggragarian economy and semi literate society.  With little accountability or transparency the system benefits those who wield the power of information and control.

 In light of this mess, how can the most learned  amongst us let alone the  majority  of the semi-literate Mujtahids  we have, even begin to determine what to defend and what not to defend in terms of laws norms and principles for Pakistan?  Perhaps it is time for the learned amongst us to Review and Revisit our social contract with the State of Pakistan? Don’t you think?