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October 8, 2006

Islam: Environmental Protection

By: Professor Dr. Farooq Hassan
President Pakistan Ecology Council

(Presidential Address to the Pakistan Ecology Council at the Karachi Hall, Lahore High Court Bar Association, 6 October, 2006, Lahore)

I am grateful to be invited to give this year's main Annual address on the highly important subject of Islam and protection of the environment. As Chairman of the Bar's Environmental Committee as well, I am pleased to be here at this historical Karachi Hall, the venue for many events dealing with this country’s constitutional history. To days talk is even more significant since it deals with the survival of the human race. My interest in this subject is not new. Let me at the outset take a brief moment of your time to submit to you that as far back as 1975, that is thirty years ago, I was elected amongst a handful of Third World delegates to the First International Ecology Congress in Vienna, in which I presented my views on a subject which was in some ways similar to the one today but without reference to the available Islamic conceptions about it. [1]

The current debates on environment and its much needed protection seems to be at the center of many controversial aspects of US foreign and domestic policy. Conservationists feel that exploitation of earth’s resources for commercial goals is leading the entirety of human race into an uncertain future. On the other hand, many Western governments, led by Washington, maintain that this threat is over exaggerated and that putting an end to useful acquisition of such resources by latest scientific methodology would be tantamount to impeding human progress.

It is the purpose of this presentation to examine this debate from an Islamic perspective. My research indicates that although some aspects of this topic have been handled by a few scholars mostly in the Arabic language, this appears to be a pioneer effort to do so in an exhaustive manner. I request therefore, that you give the message of this address, the needed significance for an adequate dissemination to the people of this country. Not only third of world countries are comprised of Muslims, a number of them are pivotal in enunciating policies with respect to oil exploration.

In this context, we may keep in mind the peculiar environmental controversy intertwined with fossil oil which Muslim states have in abundance. Their rapid utilization at the urging of mostly Western states, and by the US in particular, causes serious pollution hazards and also emission of gases that are a cause of acute danger to the ozone protection of the world’s atmosphere. This has resulted in clearly the single most dangerous pollution hazard, namely, global warming to which I shall revert to later in this presentation.

The ensuing analysis examines the Islamic injunctions, if any, on this subject. This is with a view to see the philosophy of the Muslim faith towards this most crucial of current topics of human concern. Islam is considered a comprehensive way of life whose teachings, directly or indirectly, cover every possible human relationship including what today is described as “environment”.

These teachings are primarily available in the revealed knowledge which comprises the Quran and in the teaching of Prophet as handed down in the Sunnah. In articulating and expounding the thesis of these presentation two further sources, namely Ijma and Qiyas, have been kept in mind by me. But, as they are dependent on the first two primary sources, it is not necessary to go into them in detail.

In what follows, therefore, reference will be mainly made to those verses that define the epistemological parameters of the Quranic teachings in this respect. In support, I would refer to some sayings of the Prophet through which the quintessence of the Shariah may be perceived. In sum, I would rely on the highest form of sources from Islamic Shariah to present my conclusions and analysis.

To begin with at the beginning of Sura Al-Baqarah, the Quran is presented to mankind as a book of guidance: "This is the Book; in it is guidance sure, without doubt, to those who fear God" (Quran, 2:2). God furthermore says that the Quran encompasses the foundations for knowledge and ethics: “Nothing have We omitted from the Book…" Quran, 6:3. In addition, the Quran announces that Islam, as a Din (Faith), has been perfected by God. It is considered a comprehensive way of life which accommodates every aspect of it. The Islamic world-view is established upon the very notion of Islam as a perfect religion:

"This day have I perfected your religion for you, completed My favor upon you, and have chosen for you Islam as your religion" Quran, 5:3
In the light of these Divinely ordained articulations, it can be justifiably submitted that a jurisprudence of the environment can be discerned and should be locatable from the confines of the metaphysical and practical messages in the Quran.

It should be equally self evident that all aspects of the environment's protection cannot be summarized in this limited initiative of mine. But sufficient coverage in depth would be provided to see if the current controversies can be resolved by applying the message of God for Muslims. This much however, is clear. That norms relating to environment from within the Muslim theological foundations would have an Islamic world-view of this topic. Once a Quranic injunction is located, it has to prevail and applied.

Depletion of resources

Before a more direct mandate about environment is referred to, it would be helpful to expound the general guidelines that may be usefully kept in mind while understanding the Islamic philosophy on ecology. Moderation is one of the main attributes of Islam. Islam furthermore discourages self indulgence, lavish living and waste. Those peoples in the past that did so were destroyed by the Almighty. The Quran says in Sura Al- Isra 17:16:

“When we intend to destroy a township, we permit its luxury loving people to commit wickedness therein. Then the word is proved true against it and we can destroy it utterly.”

Therefore many sayings of the Prophet towards modesty in living have to be kept in mind. Excessive indulgences of any kind are likely to inflict incalculable damage to our surroundings. It is manifest that such a tendency has to be stopped and discouraged by the Faithful through all forms of available legal recourse, influence and intellectual dissemination. Once it is grasped that human beings essentially remain care takers of the earth, it follows that they must preserve the environment in which they dwell. Humanity should behave in such a way that would maintain the balance that exists within the kind of environment that we inherited. In fact it is incumbent as a moral duty to restore and even retrieve the balance that had existed before we caused, collectively, many ecological disasters( See Quran: 15: 19):

"And the earth We have spread out; set thereon mountains firm and immovable; and produced therein all kinds of things in due balance."

The earth and its countless bounties have been created for mankind. It is also manifest that God made such natural bounties for all human beings in perpetuity. This huge reservoir is available for human use, without abuse or misuse. The circle of naturally available blessings for the benefit of humanity has to be kept alive for all generations to come.

“Environment”, as a term of art as we use it, has to be in the forefront of all such human thinking, policies and actions. There are numerous verses in the Quran that could be cited in this respect, but it suffices to mention three of them:
"And He has subjected to you, as from Him, all that is in the heavens and on earth: behold, in that there are Signs indeed for those who reflect.” Quran,45:13
Again the Quran says that His bounties to Mankind are always there: 

"Do you not see that God has subjected to your (use) all things in the heavens and on earth. And has made His bounties flow to you in exceeding measure, (that are essentially both) seen and unseen?" Quran, 31:20


 In another part the Quran maintains that:
"He has made subject to you the Night and the Day; the Sun and the Moon; and the Stars are in subjection by His command: verily in this are Signs for people who are wise." Quran:16:12.
There are other verses in the Quran that emphasize the point that mankind has merely a temporal use of nature and over other similar environmental elements. So tremendous is the ability of Man that God made night and day, stars, moon and the sun subject to his potential control. Therefore the primary reason for highlighting the temporality of things is to remind people of the Hereafter and to focus upon the non-permanent character of human existence on this earth. It is hoped that once people are conscientious of the limitation of life on earth, they will behave in a positive and constructive way. As a result, it is anticipated that the environment itself will benefit from the proper behavior of people.

The cosmic order of things seen or unseen and natural phenomena ultimately come to an end, as is reflected in this verse:
"…He has subjected the sun and the moon (to his Law)! Each one runs (its course) for a term appointed. He does regulate all affairs, explaining the Signs in detail that you may believe with certainty in the meeting with your Lord." Quran, 13:2
The subjection of the elements that make up the environment is spoken of in many chapters of the Quran:
"It is He who has made the sea subject, that you may eat thereof flesh that is fresh and tender., and that you may extract there from ornaments to wear; and you see the ships therein that plough the waves, that you may seek (thus) of the bounty of God and that you may be grateful." Quran:16:14

Concept of Vice Regency

Mankind and the human being are perceived as the trustee of the earth. The notion of trusteeship implies specifically that he is not supposed to cause corruption in any form on earth (i.e. the environment). Life on earth entails great responsibilities. This test implies accountability. It is followed by either reward or punishment. These concepts are mentioned both in the Quran and in the Sunnah. The Quran says in the following verse:
"It is He who has made you (His) vice regents, inheritors of the earth: He has raised you in ranks, some above others: that He may try you in the gifts He has given you: for your Lord is quick in punishment: yet He is indeed Oft-forgiving, Most Merciful." Quran, 6:165
This verse proclaims with clarity that mankind in this vice regency role is subject to a natural system of reward and punishment. If the cosmic order is preserved in good order, human beings are better of; if they interfere adversely with such natural order of things, punishment shall surely follow. The Quran further says in famous verse which ordains the preservation of environment:
"Then We made you heirs in the land after them, to see how you would behave!" Quran, 10:14
I feel that this verse of the Quran may be said to be the simplest magna carta of the genesis of a law of environmental protection in Islam. The same message is implied in the Sunnah of the Prophet:
"Verily, this world is sweet and appealing, and Allah placed you as vice regents therein; He will see what you will do. So, be careful of [what you do in] this world and [what you do to/with] women, for the first test of the children of Israel was in women!" [2]
These emphatic commandments of the Quran make it clear that the Islamic perspectives of mankind’s vice regency on earth forms a test which includes how human beings relate to the environment. Is it going to be based upon divine instructions, or based upon personal desires, greed or commercial exploitation that might lead to the destruction of our environment? If the latter condition prevails, then vice regency will be entrusted to another and different people or generation. The possibility of this kind of a change over of the inheritance of this earth to another set of people is understood from the following two verses:
"Call in remembrance that He made you inheritors after the people of Noah…" Quran,7:69

 Again the Quran says at a different place about changing the “inheritors” of this earth: 

"And remember how He made you inheritors after the 'And people and gave you habitation in the land…" Quran, 7:74
These verses of the Quran contains the philosophy that God can and does switch the vice regency on earth to different peoples if the ones who are incumbent fail to honor their Divine commandments. This would be particularly relevant to those set who alter the human environment for the simple reason that with damage to such natural legacy by a certain set of people they would appear to lose that mantle of leadership of incumbency.

Maintenance of Natural balance

This leads me to the next issue which in terms of the epistemology of this matter deserves our consideration. How does one maintain the natural legacy of mankind as is implied in the verses of the Quran cited above? Clearly it seems to me by the continued adherence of a “balance” in the natural order of things that exist in this earth since the dawn of civilizations.

Therefore, mankind’s dominium over the earth is based upon knowledge that enables human beings to remain care takers of the environment in which they live and have inhabited it for thousands of years. Humanity must, a fortiori, behave in such a way that would maintain the balance that exists within the environment ultimately for the survival of the human race. Efforts must indeed be made to retrieve and redress the balance that has existed before any current generation may have caused collectively ecological disasters of great magnitude (see Quran: 1519):
"And the earth We have spread out; set thereon mountains firm and immovable; and produced therein all kinds of things in due balance."
The earth should remain therefore available for human use; its use without abuse or misuse has to avoided, indeed shunned as it is tantamount to a breach of trust imposed by God on the believers. The following verses may be cited from the Quran that support this perspective:
"And He has subjected to you, as from Him, all that is in the heavens and on earth: behold, in that there are Signs indeed for those who reflect." Quran, 45:13
In another verse already cited earlier we may re-emphasize when God tells mankind that all things in heavens and earth are in abundance and care must betake to part-take of such bounties with prudence and care: Quran 31:20. God further ordains in yet another well known verse:
"He has made subject to you the Night and the Day; the Sun and the Moon; and the Stars are in subjection by His command: verily in this are Signs for people who are wise." Quran: 16:12.
We can see the same message in other verses that point to the temporal nature of the natural elements. The reason behind highlighting the temporality of things is to remind people of the Hereafter. It is hoped that once people are conscientious of the limitation of life on earth, they may respond in a positive and constructive manner. As a result, it is anticipated that the environment itself will benefit from the proper behavior of people. Even the cosmos and the natural phenomena remain subject to this balance and ultimately come to an end when they go against the Divinely ordained course:
"…He has subjected the sun and the moon (to his Law)! Each one runs (its course) for a term appointed. He does regulate all affairs, explaining the Signs in detail that you may believe with certainty in the meeting with your Lord." Quran, 13:2
The Quran contains an elaborate identification of the natural order of this universe by pointing that nature’s elements too are governed by norms of the cosmos. As such the elements that make up the environment are spoken of in many important verses:
"It is He who has made the sea subject, that you may eat thereof flesh that is fresh and tender., and that you may extract there from ornaments to wear; and you see the ships therein that plough the waves, that you may seek (thus) of the bounty of God and that you may be grateful." Quran: 16:14.
The Quran again reminds us:
"It is God who has created the heavens and the earth and sends down rain from the skies, and with it brings out fruits wherewith to feed you; it is He who has made the ships subject to you, that they may sail through the sea by His command; and the rivers (also) has He made subject to you." Quran:4:32
Then yet at another place the Quran tells us that Man has been even given the ability to: 

"Then We subjected the Wind to his power, to flow gently to his order, whithersoever he willed …" Quran: 38:36
These verses highlight the simple point that natural facilities that are available to human beings must be utilized in manner that genuinely furthers the nature’s design of human progress and not in way that bedevils that scheme. Whether it may be the utilization of the strength of animals or be it natural elements, all these measures of human assistance have to be used with prudence and care so that natural balance remains in tact:
"That has created pairs in all things, and has made for you ships and cattle on which you ride, In order that you may sit firm and square on their backs, and when so seated, you may celebrate the (kind) favor of your Lord, and say, "Glory to Him Who has subjected these to our (use), for we could never have accomplished this (by ourselves), And to our Lord, surely, must we turn back!" Quran, 43:12-14
Clearly humanity was not restricted to the use of ships and animals to move from one place to another. There are many other modes of transportation that are subjected to our use. The utilization and use of natural phenomenon and elements that mankind uses has to be undertaken in a humane and visionary manner.

Focus of Islamic on natural eco-system

The above discussion may be summarized as under:

(1) That Islam gave to mankind a message which is complete for guidance for all times to come. This message contains injunctions against human misconduct or excesses including, it is submitted, about utilization of nature and the elements.

(2) That in the support of this thesis we find numerous quotations from the Quran about harnessing the natural elements such as wind, water and the produce that comes from the land. The design of Almighty being to provide reasonable comfort and well being of the human race for all times to come.

(3) It is also clear that in such exploitation of nature and its resources and the elements there is depletion of such natural heritage of mankind.

(4) That as such God ordains Muslims to maintain a balance in these exploits so that the natural equilibrium is kept aloft as we inherited it.

(5) It is well to remember, as the Quran emphasizes, that those peoples who did not obey these natural laws were changed.

(6) On this earth God has appointed mankind as trustee and vice regent to oversee the affairs of its earthly existence. It is a trust that needs to be faithfully executed.

The above summary succinctly provides us with the fundamental philosophy of Islamic provisions of the earth’s eco-system and its conceptions relating to the environment. While there are many aspects of this environmental attitude of Islam, this exploratory analysis is only intended to concentrate on one particular aspect of this otherwise large subject. Do the injunctions of Islam address the current critical problem of global warming which is arising as a consequence of excessive fossil fuel burning and emission of carbon at the expense of the earth’s ozone environmental protective layers? I particularly refer to this problem as by itself it is quite sufficient to wreck havoc on the current living patterns of all kinds of living species on our planet.

Irreversible environmental damage

There has been an increasing worldwide clamor against this non-abating and irreparable damage to the earth’s environment through this peculiar form of “pollution”. At the international scene European countries have been generally in the forefront of this visibly active movement at both the governmental and at the NGO level.

This international furor finds support in a recently made powerful statement from a notable American personality. It would be instructive to refer to a memorable passage from the address of former Vice President of the US, Al Gore, who in a speech to the New York University on 18th September 2006 in which he said:
“A few days ago, scientists announced alarming new evidence of the rapid melting of the perennial ice of the north polar cap, continuing a trend of the past several years that now confronts us with the prospect that human activities, if unchecked in the next decade, could destroy one of the earth’s principal mechanisms for cooling itself. Another group of scientists presented evidence that human activities are responsible for the dramatic warming of sea surface temperatures in the areas of the ocean where hurricanes form.

A few weeks earlier, new information from yet another team showed dramatic increases in the burning of forests throughout the American West, a trend that has increased decade by decade, as warmer temperatures have dried out soils and vegetation. All these findings come at the end of a summer with record breaking temperatures and the hottest twelve month period ever measured in the U.S., with persistent drought in vast areas of our country. Scientific American introduces the lead article in its special issue this month with the following sentence: The debate on global warming is over.”
Manifestly, this quotation gives a capsule summary of the major assaults on the existing environment by and under the guise of exploitation for “scientific progress” through this process referred to as “global warming”. These “assaults” to which I refer have been noted most contemporaneously by the international community when analyzing the Kyoto Protocols. However, Islam examined the philosophical genesis of this danger fifteen hundred years ago. The fundamental genesis of this fear is that this ceaseless drive to deplete the fossil fuels’ reservoirs of the earth for purely commercial goals is at the expense of the eco-system and environmental balance that was identified above.

Message of Kyoto Protocols

Let us initially focus our attention on one basic facet of this contemporary debate. It seems to be beyond any doubt that mankind is faced with a huge danger because the Kyoto Protocol was not put really into effect by the all the relevant actors of this pollution drive on account of the commercial aims of a few but important international actors. This inability of the world community to act in unison has resulted in a potential disaster of incalculable proportions. The acute and impending damage to the earth, inteneded to be averted through the Kyoto Protocol, continues to loom large on all of humanity. We would initially briefly examine the contours of this controversy. Once the fundamental issues are realized we would with advantage visit the corresponding position of this topic from the confines of Islamic theological formulations.

Kyoto Protocol was signed in Japan in 1997 initially by 165 countries but that number now stands at over 180. The ideas behind Kyoto were aimed to achieve that state of affairs that existed as far back as in 1972, when human development and environment initially came under serious international discussions. This was at the Stockholm U.N. Conference on Human Development. Twenty years later, in 1992, came the famous Anniversary meeting of the UN at what is known as the “Earth Summit” when the UN Conference on Environment took place in Brazil.

Its landmark contribution was the signing of Agenda 21 and the Rio Declaration. In these international instruments the UN brought together conflicting interests of development and environment firmly into public view for an evaluation. As a consequence, two binding international texts were produced. These international texts of far reaching influence were the agreement on Biological Diversity and the UN Framework Convention for Climate Change (UNFCC).

The quintessential elements of the Kyoto Protocol were that it committed the 38 most industrialized countries of the world to cut their emissions of greenhouse gasses between 2008 and 2112 to levels that are 5.2 percent below those that existed in 1990.

The simple question that arises, therefore, is why is the danger still there if nearly all countries of the world are in favor of abiding by it? The answer, regrettably, is that the US, possessing the world’s largest economy, and Australia, are holding out and refusing to ratify this crucial treaty engineered and crafted for the future survival of the human race on this planet. This danger is directly connected with the emanation of the greenhouse gasses by the industrialized states and pollution caused by transport vehicles by fuel emissions.

How are greenhouse gasses produced? What is the disastrous impact they produce on the environment?

Greenhouse gasses are a term that means those gasses like carbon dioxide which are mainly generated as a result of burning fossil fuels like coal, petrol and diesel. While burning these resources have been greatly beneficial to gigantic oil corporations producing them trans-nationally, they have simultaneously resulted in raising the level of carbon in the atmosphere. This has been the chief cause of world-wide pollution. Scientists predict significant global warming as a consequence of this process by warming the earth by about 5 degrees Celsius. This could potentially be disastrous to ecology by changing environment, expanding deserts, melting ice, causing sea levels to rise and engulf low lying coastal areas of the world. Were this to occur, many well known cities and seaports of the world would be submerged for ever under the oceans.

Islamic theological perspectives

(a) Basic terms

Before proceeding further to analyze the relevant Islamic perspectives, let me make a lexicographical submission of far reaching impact. We must, a priori, make a basic philosophical distinction between the concepts of “environment” and “ecology” or eco-systems”. Both these terms are interchangeably used in contemporary literature on this subject. However, there does exist, prima facie, a clear difference between the two terms. Intellectual exactitude requires that we keep it in mind for appropriate application the relevant term when necessary.

Both terms are employed in Muslim texts of authentic value. Indeed, it can be said that there exists a branch of jurisprudence (fiqh) about 'environment' (bi'ah). It may be described as the Fiqh al-biah al Islam. This would be the equivalent of Islamic jurisprudence of the environment.

On the other hand, the word “ecology” does appear to be utilized in lexicographical and epistemological semantics through out Islamic texts of the highest validity. Ecology in its lexicon sense means a branch of human knowledge that deals with living organisms, habits and modes of life.

Historically, therefore, it is necessary to comprehend that whereas the term ecology or co-systems have a direct base in the Quran, “environment" is newer addition to the classical texts on this subject. This is invariable. Not long ago, such a term was not even used in Western legal parlance.

It should be thus emphasized from the above analysis that Islam does advocate the protection of the environment as a matter of “law”. At the same time the preservation of earth’s ecology is equally mandated as the Quran normatively contains literally dozens of verses about keeping the natural balance that prevails on this earth. The quotations from the Quran cited earlier were clearly of this category and import.

The various verses of the Quran cited at the outset were towards establishing the thesis that Islam does have an in ecological sense. We tried to establish that Islam does have:
(1) A broad set of guidelines towards nature that calls for preservation of this earth.

(2) In these guidelines there is the warning that there must be avoided damage to this human legacy.

(3) There is the allegorical reference to the past history of mankind that those that did not obey such guidelines were removed and replaced by another people.
It may further be noted that the term “environment” per se, along with its diverse connotations, gradually evolved in recent times through interpretation provided by essentially jurists. This important development is predicated on the premise that all concepts that owe their genesis to the Quran are of an injunctive kind. Hence, I used the phrase of “towards jurisprudence of the environment.” Islam clearly has a high regard for the environment as support for such a proposition, as submitted above, is found in the Quran and the Sunnah.

(b) Basic norms

However, this should also be noted that by emphasizing that nature must be preserved does not mean that there has to be no human progress! In fact, it may be necessary to undertake the contrary route involving scientific advancement for the preservation, protection and for alleviating the difficulties of the human race itself. According to one Hadith, the Prophet is reported to have said that a person who uprooted a tree (which formed an obstacle) in the path of people, ended up in heavens. In other words, the object of interfering in nature has to be higher and nobler than mere exploitation for economic gain of the relevant actor.


The fundamental postulate in this context is thus the “balance” we adverted to earlier and to maintaining a course that keeps nature as purified as we inherited it, but subjecting it to mankind’s use intelligently with prudence. That this is the role and responsibility of a Vice Regent on earth is reiterated again and again in the Quran. It is incumbent on all peoples at all times to so perform their assignments in this world that nothing impinges or adversely affects on the natural state of scheme of such matters.


Islam modulates a middle path between human behavior that has disregard for the environment and those who practically want the environment or certain parts of it to remain untouched. While the Islamic world view supports the protection of environment from the greedy behavior of human beings, it also allows room for sustainable development.

At this juncture let me pause and introduce you to a term “I’mar”. Generally this term is given the conception of “to inhabit”. It is useful to comprehend the wider conception of this word. Such meaning includes spreading and settling all over the earth, inhabiting every livable quarters, building and undertaking civic projects that benefit the community at large. In short, it includes every positive activity that would make life on earth prosperous. If an activity diverts humanity from the right path which means against the Shariah, then it cannot be considered as I'mar.

It is clear from a study of the Quran that the earth is our habitat and that we are required to dwell on it, work it out and establish a balanced way of life without excesses or deficiencies. The Quran says:
"To the Thamud People (We sent) Salih, one of their own brethren. He said: "O my People! Worship God: you have no other God but Him. It is He Who has produced you from the earth and settled you therein: then ask forgiveness of Him, and turn to Him (in repentance): for my Lord is (always) near, ready to answer" Quran, 11:61

A well known commentator on Muslim theology says on this verse:
"And Salih reminded them (the people of Thamud) about their origination from earth, the creation of every individual from the nutrition of the earth or from its components that make up their bodies. Despite being (created) from this earth and its elements, Allah appointed them vice regents so that they may inhabit it! He wanted them to be vice regents as a species, and as individuals to replace those who came before they did!" [3]
In advocating the cause of preservation of inherited human environment and the prevalent eco-systems, the Quran reminds us with this warning that those who did not heed such messages before were wiped out of existence themselves.
"Do they not travel through the earth; and see what the end of those before them was? In strength they tilled the soil and populated it in greater numbers than these have done: there came to them their apostles with Clear (Signs), (which they rejected, to their own destruction): it was not God who wronged them, but they wronged their own souls." Quran, 30:9
The I’ mar of the earth should be in areas and projects that could benefit humanity and not harm it. This means that projects and activities that destroy the environment are excluded from permissible human enterprise. The brute form of the capitalist system encourages such “destructive” industries as drilling oil as long as the earth’s reservoir lasts. They find imaginative ways to counter the facts of pollution of the air, destruction of human health, lost energies and funds in combating and treating the resulting diseases, misuse of the land which could be used otherwise for other humanely beneficial purposes for mankind.

Protecting environment

Every act, as long as it is good in protecting the environment and done for the sake of generating and assisting life and also preserve the earth is allowed by Islamic teachings. A middle road between two extremes is the proffered solution; neither there should be a total disregard for the environment’s integrity nor an abandonment of the justifiable progress that mankind may achieve through sustainable development and evolution.


The total disregard for the environment is detrimental for the human being is not to be encouraged. Similarly it is equally true that the adoption of a position on the other end of the spectrum of protecting the environment in an absolute sense must not adhered to. 



The Islamic position forms a middle path between human behavior that has disregard to the environment and those who practically worship the environment or certain parts of it. While the Islamic world view supports the protection of environment from the greedy behavior of human beings, it allows room for sustainable development.

The oft quoted Hadith mandate on this point is in the following verse:
"He who cuts a lote-tree (without justification), God will send him to Hellfire." [4]
The lote-tree grows in the desert and it is very much needed in an area which has scarce vegetation. A well known Muslim theologian, Dr. Al-Qaradawi, is of the view that this Hadith provides us with the most vivid illustration in terms of protecting the natural resources and preserving the balance that exists between the diverse elements of nature in the environment. [5]

In this background, where the continuity of even one tree is appreciated, one can visualize what would be the Islamic position towards destroying millions of trees, or depleting the earth’s resources, or the destruction of the ozone layer of this planet? Non preservation of the natural environment of mankind or the habitat of the human race as a result of humans directly acting upon nature (e.g. deforestation) or indirectly (e.g. acid rain) cannot possibly be contended by Islamic dictates.

In this context there is much, for instance, on plants and the activity of agriculture in classical Muslim teachings. The Prophet indeed encouraged people to work hard under all circumstances in maintenance of the earth’s natural heritage. He explained that people should plant and undertake all kinds of plantations. This trend is particularly focused upon for those plants that bear fruit particularly a palm-tree seedling. So much is this emphasis that it is enjoined upon all Muslims, even if it is the Day of Judgment and that the world is coming to an end, they should still do it!

It is for this reason that it is prohibited by Islam to let the land set idle for a long time without working it out. Reviving a "dead" or “barren” land could lead, under customary Islamic law, to creating a legal right to use it indefinitely, as long as it was continued to be planted. This was a direct incentive from the state and the community to encourage cultivation of barren land. Hence it is obvious that Muslim jurists from the very inception had been brought up to frame normative norms of positive law which were helpful to environment.

Protecting Land

Protection of land finds many verses in support thereof by emphasizing that it must be kept clean and free from rubbish. It is reported by a famous Hadith that God likes cleanliness. [6] Further, the Prophet is said to have warned Muslims not to throw refuse in public or near the fruit trees. The message that this Hadith sends is that cleanliness is something desirable, good and reflects an act of necessity towards the environment. As such it is submitted that if cleanliness is something good, then it should be reflected everywhere.

Islam has thus created a bond between faith and cleanliness, rendering the latter as a part of faith. The Prophet’s sayings on this point illustrate that solid waste of any kind must not pollute the grounds that produce food or which forms parts of the dwellings. It is obvious that cleaning such places means, in this context, the removal of material obstacles or solid waste which constitutes a kind of pollution in contemporary perspectives of this matter.

The prohibition in such Hadiths is thus intended to prevent pollution. The direct human polluting activity presently is manifestly to extend to indirect sources of pollution as well, such as through sewers. The natural pollutants of any given time conceptually extended to include the chemical pollutants or other activity which is connected, for instance, with industrial production. The language of another Hadith which prohibits the pollution of water may further be cited to support the thesis just articulated by me that, in a contemporary context, pollution of any kind is impermissible in Islam. It is mandated that a Muslim should keep the channels of drinking water clean. We know already those chemicals such as pesticides, insecticides, or herbicides which are detrimental to the health of humans, and we know that much of these chemicals reach the reservoirs of drinking water. Analogical reasoning will justify, therefore, from the perspective of the Shraiah, that such activity be also prohibited and not allowed to be undertaken. 



The Shariah aims at protecting the environment, and while the individual is asked to help in this respect, the ultimate responsibility is in the hands of the state. When Abu Musa was sent to Al-Basrah as the new governor, he addressed the people saying:
"I was sent to you by 'Umar Ibn Al-Khattab in order to teach you the Book of your Lord [i.e. the Quran], the Sunnah of your prophet, and to clean your streets." [7]
The function of the governor who represents the authority of the state, in the narration about Abu Musa, tends to establish that keeping the environment clean is amongst the responsibilities of the Administration. This position should be highlighted, because it obligates the governments, as much as the Muslims themselves, to keep their civic environments and amenities clean and free of pollution.

Preserving Water

The above analysis would have already stressed the significance of water for various human needs. It is God's will that all living beings on earth are dependent for their existence on water:
"…We made from water every living thing…" Quran, 21:30
Furthermore, there are many verses in the Quran that reflect the direct involvement of the Divine Will whenever it rains. Following are typical of these verses from the Quran:
"And God sends down rain from the skies, and gives therewith life to the earth.” Quran:16:65
And again Quran mandates to Muslims: 

"…and He sends down rain from the sky and with it gives life to earth…" Quran: 30:24
Yet another instance of this philosophy this contained in this verse:

"And We send down from the sky rain charged with blessing, and We produce therewith gardens and grain for harvests." Quran: 50:9

In addition to the protection of water from pollution, the Sunnah emphasized the proper use of water without wasting it. One more Hadith regarding the protection of water is related to the use of clean still water. The Prophet said: "No one should bathe in still water, when he is junub (impure)" [8] In a Hadith that reflects the future scene regarding the said issue, the Prophet said according to Abu Dawud:
"There will be a people amongst this Ummah who will transgress in their supplication and ablution."
It is obvious that the transgressing in wasting eater even in ablution means the use of excessive amounts of water or it misuse even for an ostensibly laudable purpose and objective is disallowed by Islam. This is contrary to the Islamic ethos of maintaining the healthy balance between need and waste.

Preventing air pollution

Protecting the air from pollutants can be deduced from many sayings of the Prophet. There are many Hadiths that tell us that the Prophet , discouraged or prohibited activities that result in offensive smells and odors, from taking place in certain public places. 
Another Hadith aims at protecting the Muslim community from offensive smells that result from eating garlic or onion. The Prophet said:
"He who eats from this tree - meaning garlic - should not get close to our mosque." [9]
According to another Hadith:
"He who eats garlic or onion should stay away from us, or he said: "should stay away from our mosque and stay at his home." [10]
The period which one should stay away from the mosque is limited to the duration of the smell. This is understood from the Hadith narrated by Abu Dawaud :
"He who eats from this wicked plant, should not get close to our mosque, until its smell goes."
Al-Qaradawi refers to a religious ruling (fatwa) upon the fact that smoking is detrimental to the health of primary and secondary smokers. It is the harm that results from releasing anything into the air which forms the fundamental basis of al-Qaradawi's reference. By analogy, anything that pollutes the air and is detrimental to the health should be prohibited. This includes indirect harm such as in the case of CFC which depletes the ozone. Harmful fumes that cannot be prohibited all together, should be reduced and alternatives should be made popular. The emission of Carbon Monoxide would certainly be a target of this prohibition. A case is also made out to find out alternative sources of energy to ward off, if possible, the damage by way of global warming phenomenon by a continued use of fossil fuels.

Injunction against noise pollution

Islam took care of the human being and made sure that he should not be subjected to loud and annoying noises to prevent harm to him both physically and psychologically. There are multiple Hadith that point out that loud noise is tantamount to foolish conduct and is basically harmful. In the Quran, Luqman advised his son saying:
"…and lower thy voice; for the harshest of sounds without doubt is the braying of the ass." Quran, 31:19
The Islamic Shariah, it is interesting to note, does not contemplate loud voices or sounds being made even in the mosques. The right of others to pray peacefully, or to recite the Quran quietly on their own, during times other than the obligatory prayer, which is performed by all present at the same time together, should be respected. The argument in favor of preventing pollution by noise is that reciting of the Quran by voices is not encouraged because it may distract others from reflection; if this be the case then any other sources of noise pollution deserve the same evaluating criteria; they are all seemingly prohibited. It is established by modern medical sciences that if one is subjected to loud noise over a long period of time, it reduces the ability of a healthy person to react normally; such noise can adversely affect the hearing ability of some and possibly also result in psych-somatic problems.

Islamic objectives in environment protection

There are said to be five major aims (maqasid) of Islam in life. As mentioned many times by most scholars through out of its history of mankind the Shariah aims to:
(1) The protection of life,

(2) The protection of religion,

(3) The protection of the mind,

(4) The preservation of one’s offspring and progeny, and

(5) The protection of property.
A well known recent authority of the Islamic theology, Sheikh Muhammad Al-Tahir Ibn 'Ashur went beyond the original five and added another two objectives as aims of a good Muslims life:
(6) The maintenance of equality and (7) the right to remain and keep freedom in life. [11]
Quite clearly, the protection of Environment may be said to exist as a part of the quintessential nucleus of many such objectives. Indeed the right to life itself becomes a meaningful reality only if mankind’s environment is capable of living as we know of it presently and as known to us historically. I think I can refer with advantage to a well know case from the Supreme Court of India on pollution. In Sachidananda Pandey VS. State of West Bengal12 AIR 1987 SC 1109, in which Justice Reddy remarked on a public interest Petition against the construction of five star hotel next to the historical Calcutta Zoo by saying:
“How can you buy or sell the sky, the warmth of the land, or the life that goes along with it since long time? It is not a question of only buying or selling land; we have to see the totality of the ecology involved when the matter involves invasion of the nature by man’s desire to go on building”

The thesis presented in my address today is that protecting the environment and eco-systems of the earth are a major concern of the Islamic Faith. It is therefore a major aim of the Shariah. Hence it has rightful place as a norm of rule of jurisprudence for Muslims. If the situation of the environment keeps deteriorating at the present rate, there will ultimately be no life, no property and no religion left.

The environment encompasses, it is submitted, the totality of the other aims of the Shariah. The destruction of the environment prevents the human being from fulfilling the concept of vice regency on earth. Indeed, when the very existence of humanity is at stake here, as in the case of the destruction of the ozone layer, this phenomenon assumes special significance.

It is an established scientific fact that excessive pollution of the air might lead to serious deformities, abortion and chronic diseases. It is in evidence from advanced Western countries that highly polluted industrial cities might not have clear sunlight for days, resulting in deep depressions which affects a person's ability to rationalize properly. Certain radiation might also produce results that can affect adversely the quality of human and animal brain power. The attempt to protect any kind of property rights will also be in vain if, in the context of a highly polluted environment, the cities and dwelling places become uninhabitable. There are already many rivers and lakes that are considered dead with no marine life. This is a direct result of acid rain which also destroys forests. These forests and water sources form the natural habitat of many species; their death means the possible extinction of some of the signs of natural life that we presently know of.


To consider the protection of the environment as one of the major aims of the Shariah will, hopefully, enable the neo-model of Islamic civilization a chance to be advanced as an alternative to the already existing western model, which is the primary source of pollution. Adopting this position makes it imperative for the Muslim governments to establish laws for the protection of the environment and implement them. Internationally also, serious efforts are required by them to achieve these objectives.

End Notes

∗ D.Phil.; B A Juris, MA. M.Litt, (Oxon), DCL (Columbia), DIA (Harvard), Of Lincoln’s Inn, Barrister at Law, UK, Attorney at Law, US, Senior Advocate Supreme Court (QC) of Pakistan; David M. Kennedy Visiting Scholar & Professor of International Studies, Kennedy Center & Visiting Professor, Fellow, Center for International Affairs, Harvard University. The author has been Advisor to four Pakistani Prime Ministers on Foreign Affairs & Law, Member & Delegate to the UN Human Rights Commission, and the UN Sub Commission on Human Rights, Geneva. He has also represented Pakistan delegations to the UN GA and was the leader of Pakistan Delegation to the International Criminal Court (ICC); He is currently the UN Special Ambassador for Family, the President of the American Institute of South Asian Strategic Studies, Boston; President Pakistan Ecology Council and Chairman Pakistan Bar ‘s Committees on International Affairs and Environment, 2004-2005; he was awarded the highly prestigious King Faisal Memorial Award for 2002 by Saudi Arabia and in 2003 he received the International Professor of the Year of Human Rights Award in Riyadh, Saudi Arabia In 2004 he became the first Pakistani scholar to be appointed a distinguished Visiting Professor by JNU in Delhi, & to give Memorial Lectures at the Benaras Hindu University, University of Mumbai and at Ambadkar University in Auranagbad. In 2006 he was given the London World International Islamic Award for Family.

1 See: Proceedings, International Human Ecology Congress, Vienna, Austria, September 15-19, Present day Shortcomings of Environmental Law, Suggestions for Improvement, Dr. Farooq Hassan, pages 829-833, Georgi Publishing Company

2 See Muslim, Sahih

3 See See Fi Zilal al-Quran, Sayyid Qutub, 12th Edition (Dar al-Shuruq) Vol. 12, p. 1907

4 See: Al-Tirmidhi, # 5239

5 See: Al-Qaradawi, al-Sunnah Masdaran Lil-Ma'rifah wal-Hadarah, 143-144

6 Al-Tirmidhi # 2799

7 See: Al-Darimi, # 560

8 Narrated by Muslim

9 See Al-Lu'lu' wal-Marjan, # 331, 332

10 See Al-Lu'lu' wal-Marjan, # 333

11 See Isma'il Al-Hasani, Nazariyyat Al-Maqasid 'ind Al-Imam Muhammad Al-tahir Ibn 'Ashur, p. 16

12 AIR 1987 SC 1109

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September 17, 2006

Women’s Position in Muslim Family Laws: Needed Reforms

By: Dr. Farooq Hassan

(Synopsis of address presented at World Islamic International Awards ceremony
16th September, South hall, London, 2006)

It is my great honor to be invited here to receive the World Islamic International Award for Family from the London based World Islamic Family Coalition. As a networking coalition of Muslim NGOs our host today is involved in diverse matters including the family. This NGO is designed to provide resource services and to act as a caucus for Muslim institutions internationally. Although barely set up less than a year ago, it has begun its work with some degree of earnestness with institutions in the Islamic world. I thank the Secretary General Dr. Malik for his pioneer efforts in this regard.

But I must add that much work needs to be done by them if they have to make a mark in this field as an Islamic international NGO in Family matters. All the reputable institutions that are operating presently in the field of the family are invariably Western in origin. They are primarily organized for alleviating the misfortunes and woes faced by this basic human institution in their societies. I am not aware of a single non Western NGO in the field of the family to have embarked upon a venture such as our hosts have done with any significant impact.

I have endeavored to work in this movement to substantively (not merely rhetorically) combat, many policy and cultural issues that presently sadly exist in the Muslim milieu. My aim is to recommend appropriate improvement legal measures and to encourage the implementation of needed reforms if possible. Respectfully I am surprised for being nominated for this exclusive recognition which any Award carries! Many distinguished scholars in the Family movement are far ahead of my own humble efforts towards the goal of having this fundamental human institution gain its rightful place in the current evolution of our society’s dominating norms. Let me, therefore, have the privilege to name a few inspiring icons whose valuable time, energies and vision in this noble pursuit are apart of contemporary history of Family studies. Premier amongst such stalwarts of family protagonists being Dr. Allan Carlson of the Howard Center who has pioneered a global coalescing of thinking on this subject by convening World Congresses of Family. I am also most impressed by my learned friend Professor Richard Wilkins, who single handedly set up the foremost University related think tank on this matter when he created the World Family Policy Center at Brigham Young University[1]

My address today to this learned gathering deals with “needed” reforms in Muslim Family laws with respect to the status of women in many Islamic societies. It is a theme that often gets neglected in the philosophical avocations of most writers on family matters. The Doha Conference of 2004 was prima facie held in an Islamic cultural environment. While providing tremendous momentum to this thematic topic in international dynamics and at the UN, nothing specific emanated from its impact for the “reform” aspects to which I refer. The matter of “reforms” in the exiting laws relating to Family particularly with reference to the status of women in Muslim countries thus needs a focused attention.

What is needed therefore is a carefully devised legal endeavor to find out the broad areas of concern to the affected or concerned people or institutions. Then we must examine how it is best to remove such perceived deficiencies. Ex hypothesi this can only done by trained constitutional and comparative lawyers since both the identification of the malaise and its correction requires a priori expertise in comparative legal systems

I have myself written over two dozen articles and given interviews on many aspects of this subject which are available on the internet and in the press op ed columns of newspapers in countries as diverse as the US, England, India, Gulf States and Pakistan. In these works I have already critically and hopefully objectively, analyzed various aspects of international legal matters and issues of general jurisprudence associated with the institution of the Family. I have respectfully pointed out in these works the glaring omission of any substantive or serious analysis of issues relating to the status and position of women within this larger institution of the Family within the Muslim communities. Despite the lofty doctrinal importance of women in Islamic theology, practically and as a cultural reality their status requires substantive improvement within the ambit of even the traditional family.

Recently in my address at the World Family Center of BYU Law School in Provo, Utah, I delivered a similar message. In this address which essentially dealt with the Family Conference in Doha I emphasized the philosophical need to focus more deeply on women issues while talking of this subject.[2] This was respectfully by me submitted as nothing was really canvassed on this issue in this otherwise landmark international conference.

Protagonists have been evidently enthusiastic about the process regarding the recognition of the Family as a fundamental human institution generated at the Doha International Conference in November 2004. Significance of what was achieved at the Doha Conference continues to attract attention from legal scholars[3] and journalists[4] of note with startlingly different evaluations of what Doha conference actually or purportedly achieved. Any one interested in this matter will thus find a fair deal of research material on this matter. Islamic counties generally have supported as a policy, pro-family activities at the international level.

Debates within Islamic Thinking on “Reform”?

Throughout its history Islamic faith has been both deeply cherished and misunderstood for its emphasis on enveloping the entirety of a person’s life with its normative structure of rules of conduct and precepts. Amongst the major norms of such expected behavior are those that are devised to apply to the institution of the human family, children and women.[5] Simultaneously, the jurisprudence and moral philosophy of the faith also acutely focuses on the larger matter pertaining to the subject of human rights of mankind.

But in recent times there is an ostensible tussle in progress between the conservative elements of such societies and the advocates of modernistic attitudes. The modernistic thinking to which I refer is grounded on secular postulates which “indicate” that some traditional norms of accepted behavior qua the Family are in “violation” of the current relevant norms of the philosophy of human rights. It is also maintained by other elements, in particular the governments in important Islamic states, that it is necessary for economic progress to “modify” previously held views on issues of contemporary significance.

Reference can made as an illustration to “reproductive health” which means family planning. For instance as Rapporteur of two major international UN sponsored conferences on the “rights” of the Family and the Child in Islamabad last May in 2005 I frankly reported that “rules” of “law” and not merely soft international law was being made by Islamic nations and major Asian countries. The areas that were focused upon pertained to “rights” that were of “reproductive” kind and those loosely referred to as “spanking” practices. I think that there is little doubt that most Muslim countries are in progress towards embracing “family planning” practices. In countries such as Pakistan or Turkey where there is very vocal presence of conservative Islamic environment, the State apparatus is already busy devising strategies to counter such opposition. In Pakistan, as I have reported in my Report on the May 2005 UN Regional Family Conference, the Federal government obtained “fatwa’s” from pliable Muslim clerics of nondescript note, to vouchsafe the absence of any such dogma in the Shari’a on it.

Regrettably the Western NGOs, who are otherwise very active in such matters, did nothing of any note to counter this kind of propaganda. Literally there was little help or support from such friendly NGOs to guide us in third world countries to devise modalities that would go some way to meet the policy declarations by the governments of several Muslim and other Asian countries. I do not know exactly why, but could it be that it was unconsciously thought as such developments had little impact in the West, it was best to politely ignore such Declarations? [6]

Such secular attitudes are on the other hand manifestly evident in the policies and state declarations of several advanced Western countries.[7] It is equally obvious that to exert friendly pressure on many such Islamic nations, mostly belonging to the developing category, substantial investment of funds is in progress. This is bound to affect the mores of such societies while certainly influencing their governments. Compared to such current “liberal” Western thinking on moral issues concerning the Family, the humanitarian postulates and dogmas of Islam are heavily grounded on principles of high morality. It is this quality of fierce attachment to these ancient teachings that keeps the Islamic family together in almost the same moorings with which it began its traditions hundreds of years ago. But are the about to change? What effect did the Doha Declaration have on such an evolution? I will answer such inquiries after noting the fundamental norms of the basic principles of this topic.

But I must hasten to add that any dilution in the ethos of traditional Islamic norms would be a disturbing to the religious practices of its millions of adherents. Such thinking would also affect the peoples of other Nations that direly need such ethical mores to keep afloat their own cultural value systems in an international social milieu rapidly losing such values in the wake of contemporary “progress”. But regrettably, as it would be noticed, such “dilution” within Islamic countries seems already in process.

Islam’s contributions to this subject are a living tribute to the strength of the Faith to protect and enhance the status of the Family as the crucial nucleus of our civilization’s civic life. The Quran contains many direct commands for the purpose of keeping the Family in tact. Such mandates apply regardless of geography or ethnic specificity as such instructions are binding on everyone.[8] Furthermore, apart from ethical and moral injunctions, Islamic compendium of teachings on matters connected with the concept of matrimony and man-woman relationship, have a codified criminalization of laws relating to what may be described as wrongs qua this status of traditional marriage.

As such, same sex union, howsoever described, will be a serious legal and not merely a moral objectionable conduct in an Islamic society. In the Indian Penal Code 1860, initially drafted by Lord McCauley, vide Section 377, this “deviant” action is said to be an “unnatural offence.” This is still the position in Pakistan, India and many countries of the erstwhile Commonwealth counties where the said Code has been adopted verbatim. Hence both by the weight of the teachings of Islam and the contents of the prevalent legal systems, philosophically and by jurisprudence, Muslim countries would seem to stand for the institution of the traditional Family.

Even a cursory look at the performance of Muslim states in the international arena will provide us with over whelming evidence of this attitude and commitment. In the General Assembly of the UN whenever it mattered, it was the Islamic states that gave the required numerical support to defeat the agenda of activists of anti Family protagonists.

Most recently in the UN Human Rights Commission meetings in Geneva, it again fell to the Muslim countries to defeat a highly organized move of the biggest coalition of Gays, Lesbians, Bisexuals and Transgender group sever gathered at a UN meeting to cater for the adoption of the “sexual orientation” resolution which, if adopted, would wreck the steadily achieved advance in pro Family world-wide efforts. This impressive contribution began at the end of the 59th Session of the UNHRC in 2003 when five Islamic countries led by Pakistan (the others being Egypt, Libya, Saudi Arabia and Malaysia) after delaying a vote by moving several Amendments had the Resolution debate adjourned to 2004.[9] In 2004 during the 60th Session once again it fell to the Muslim countries to force Brazil on the 29th March to seek postponement of this measure until 2005.

I feel that all these matters from a normative perspective and of state practice deserve to be fully noted, chronicled and duly analyzed. My standard legal texts constitute a kind of work in this field which would be helpful for those trying to go deeply into a number of issues raised in today’s address.[10] But it would be helpful to see the extent to which such inherited values of the Muslims as contained in Shari’a have been really implemented; a brief reference to the Islamic position on family needs therefore a priori re-iteration.[11]

Islamic normative conceptions on Family

The first question that needs some explanation from me would be the scope and vires or validity of the Shariah laws. Islamic Law, or Shari’a, is derived from the Quran and the Hadith. The Quran is considered to be direct revelation from God through Muhammad, the Prophet of Islam. The Quran contains Meccan Surahs that were revealed from the year 611 A.D to the year 622 A.D. The Medinan Surahs were revealed from the year 622 A.D until Muhammad’s death in the year 632 A.D. The Hadith are traditions, revealed by Muhammad, not God, but are considered divine since Muhammad was the Prophet. It is important to note that Hadith are described as authentic, inauthentic, or even weak, depending on who they came from

In the context of Islamic family obligations this status is defined as “a human social group whose members are bound together by the bond of blood ties and or marital relationship”[12] The Quranic injunctions created the basic framework of such obligations. The major thrust of such injunctions was to ameliorate the position of women and to grant to daughters rights and privileges ignored by the ancient customs which were present at the advent of Islam. “These Quranic reforms, as well as customary practice, constitute the substance of classical family law” in Muslim philosophy.[13]

The basic perception of marriage, which is considered to be the foundation of family life, is in the nature of “the strongest bond”[14] that exists in human relations. Surah 4: An-Nisa allows marriage of choice but forbids husband from inheriting the wife’s property against her will.[15] According to Quran men and women have equitable and proportionate rights and responsibilities in a family. In order to preserve the survival of the family unit and to ensure the viability of the institution it has been provided that the weaker elements in this unit have higher levels of protection. As such the Quran allows the rights of women not only in the context of marriage[16], protection from slander[17], maintenance[18], and care of children.[19]. The cumulative quintessence of these diverse injunctions regarding the family as a social unit signifies that laws of Divine origin are in place to ensure the integrity of this unit.

In this scheme of the preservation of the family as a unit in a society described briefly above, the Islamic message seems to be to: -

Make marriage based on free consent.

Preserve the economic viability of the wife.

Make the off spring, with great emphasis on the females of this union, an integral part of this unit in which they not only owe various duties of loyalty and respect to their parents, in return the parents must exert their best moral influence on them..

The position of women is specifically deserving of attention as it is enjoined upon Muslims to care, cater and look after kindly the females amongst them

In light of such lofty principles, it must not be concluded that such indeed is the practice amongst Muslims generally. This is sadly not the case at all. I am myself an ardent critic of Islamic leadership because of its visible failings on many matters that are of significance to Muslims as human beings. So what areas of Family require “reform”? Does it mean to bring at par with tradition if it is short of that level? Or does it mean reformative recourses in fields that are established but “need” change to be in accord with our current notions of fairness and justice?

Needed legal “reforms” in Islamic countries?

Islam’s message on the Family is prima facie very comprehensive yet from contemporary Western societal standards in a number off areas somewhat austere and even considered against “liberalism”. While it is not really possible to give an exhaustive enumeration of such illustrations, I will endeavor to point to the major failings in which “reformation” from Islamic societies would be most welcome.

The oft quoted instances of critiques offered on Islamic conceptions as generally perceived relate to:

(1) Polygamy,

(2) Mistreatment of wives,

(3) Discrimination of females in the Family,

(4) The rights of wives’ in marriage relating to divorce, inheritance and evidentiary value of women’s testimony, and

(5) The notion of “equality” of the two spouses of a marriage.

In all main these categories requiring “reforms” is thus manifestly the case of the plight of women within the traditional Muslim family.

Other major areas requiring attention would be the following.

(1) Under the Shiite laws, there is even the allowance of a “temporary marriage” known as “Mutaah”.

(2) Domestic violence is another horrendous phenomenon that needs current attention of both scholars and governments.

(3) Then in the field of children’s rights there is the disturbing practice, clearly against normal conceptions of current thinking on human rights, as being considered as a part of the father’s patrimony and expected to contribute financially to the household.[20] However female off spring in many traditional Islamic settings traditionally remain in grave perils. I have no doubt that such a sorry state of affairs is on account of local customs rather than Islamic predilections of the society. Yet serious concern should be given to such problem areas as found to be creating such an unhealthy situation.

It is beyond the scope of an article of this length to analyze all such areas as have been identified above. Some of these critiques are fairly raised whereas some are exaggerated or even misconceived. I shall thus focus on only some of these issues raised by me above per se as fundamental core areas requiring our “attention”.[21]

I am not aware of any actual statistics that can be used for using as criteria for selection of the areas requiring our focus. In the Islamic world there are few institutions of this kind to undertake any such research. In the Gulf region, however, there has been recently established one such center that is reportedly analyzing such kinds of data and statistics. This is the Batelco Care Centre for Family and Violence Cases, Bahrain. Since it was formally opened in August 2005 this support centre has reported just over 900 cases of serious violence within the Family until May this year. Almost 800 cases of family violence were sadly, however, that of women beaten or abused or battered or at least publicly humiliated by their husbands.[22] Wife beating is most regrettably generally acceptable as it is considered a common practice in those societies.

The Chairperson of this Center noted recently, when talking to the media including the TV journalists:
"According to the statistics of our reported cases, there were 61 cases in January, 79 in February, 179 in March, 51 in April and 109 last month," This is very alarming because these are only the reported ones. Just think of all the cases that are not being reported. Most of our cases are Bahraini women who are being very badly treated by their husbands. The children growing up in such environment will be affected, particularly their psychological balance in the long run."
It is a disturbing state of affairs. Most painful, however, is the realization that such reporting in Bahrain or elsewhere in Muslim countries is not undertaken by Family organizations per se, but by pro-Women mostly Western NGOs.[23] Realizing the special position of husbands in a Muslim societal milieu, the Center provides extra-ordinary counseling to the husbands by preaching the virtues of decency, toleration and kindness to their spouses. It provides, on the other hand, help to victims with relaxation therapy, hypnotherapy, cognitive therapy, counseling and anger management therapy.

It is very comforting to note that in dissemination of appropriate information, this Center has already provided public awareness programs including several on marriage counseling on the local television. There are specific programs for husbands to impart to them the highly respectful nature of respect owed to their spouses.

Another area of family laws which often have received tremendous notoriety in non Muslim cultures but is always “hidden” in the Islamic environment itself is the pernicious nature of ascendant male societal position in a marriage. No satisfactorily explanation has been forthcoming as to why this state of affairs is still permitted by different Islamic cultures to continue to exist. What is the foundation of Family? Without question it is Marriage based on equality of significance of both spouses.

While foundations of family remain the same through out the world, the super structure that sustains the existence of such fundamental and universal institutions can be different in diverse regions. Social values provide the foundation and foundation should be made stronger so that the super-structure can persist longer. For example justice should be foundation of all laws of marriage; all its appurtenant legal rules should be equally so. If this basic premise is correct as it seems to be self-evident let me focus on the following issues.

The broad subject pertains to Islamic classical laws and the current positions with respect to divorce and the allied question of plurality of wives in Muslim countries. Regrettably polygamy has become more important in Islamic world than the concept of justice emphasised by the Quran. Multiple wives have justified even if it violates concept of justice which is much more fundamental than polygamy. Thus the question of injustice to such wives is very important today but consistently ignored.

Philosophical foundations of Islamic Norms

The Islamic world began to see this problem around the 1960s, when most of the contemporary Islamic countries emerged. The gender relations in medieval ages were very different from what they are today. The Shari’a laws formulated in those days were based more on the prevalent societal gender relations than on a basis of transcendent concept of gender relations in the Quran. Practical customs came to be regarded as religious norms to justify local prejudices and cultural habits. This led to a fairly widespread impression in advancing a thesis of Islam encouraging a trend of male dominated family structure. It did exist in this manner; but not for reasons of Islam but by custom.

Hypothetically, Islam could have ignored gender relations obtaining in early days of the advent of the faith. But it attended to the gender question in marriage. This was done not merely on a realistic level but also on moral and transcendent planes. Importantly the Quran made marriage a contract between husband and wife. Legally this made it clear that in matters relating to matrimony, male domination was not accepted and women had been given a right which in all respects was equal to that of men.

But of equal significance is to realize that the Quran greatly improved upon the tribal customary law. While adopting it on realistic ground it made humane additions for compliance amongst the Muslims. In tribal customs of that age marriage was totally heavily weighted against woman. She could not negotiate her own marriage except through the agency of her male guardian who happened to be her father or grand father or elder brother or uncle in the absence of her father. The institution of marriage guardian (wali) was very fundamental in tribal customary law.

But Quran does not mention the institution of guardian in marriage and gives this right directly to women. Secondly, meher (dower) amount was negotiated by the guardian and was taken by him whereas Quran gives woman the right to negotiate meher amount and it is she who is entitled to it (and not her guardian). Invariably in most Islamic societies where it is practised this seems to be the case.

Thus important reforms are needed to have the law of marriage more just and convey the essential moral and ethical foundations of a marriage. The Quran elevates marriage to a higher moral plane, despite its basic contractual nature, by invoking moral values like love and ihsan. In verse 7:189 the Quran says:
“It is He Who created you from a single soul
and of the same did He make his mate,
that he might find comfort in her,
(in love). So when he covers her she bears a light
burden, then moves about with it.
Then when it grows
heavy, they both call upon Allah, and pray to their Lord:
if Thou givest us a good one, we shall certainly be of the grateful.”
Thus husband and wife are to find comfort in each other to cherish and have happiness. This verse clearly refers to woman getting pregnant and then both pray to Allah to give them a good child (salih). Thus marriage is lifted to a moral plane and made to develop firm bonds so that husband can find solace in wife and together create good children to perpetuate human progeny. Marriage is thus not merely for satisfying sexual urge but much more than that, a bond of love and an instrument for perpetuating human progeny. It is thus well to keep in mind that the production of children remains an essential and integral part of the process of marriage and having a family.

Thus marriage, according to the Quran, is both a contract and also a moral bond. Quran says in 30:21:
“And of His signs is this
that He created mates for you
from yourselves
that you might find tranquillity in them
and He put between you love and compassion.
Marriage without love and compassion cannot be lasting bond between husband and wife. It is the task of Muslim governments to create socio-economic conditions to ensure that the ethos of the Quran in such matters is respected. Muslim countries are faced with huge reconstruction to even begin to think of making such a state of affairs prevalent. So far I do not see any of the 60 Muslim nations that exist approaching any thing like the levels of desirability needed to move ahead with satisfaction in this regard.

We have now to see the added and difficult subject of eventualities that regretfully arise in all societies. The Quran does not overlook the situation in which in a marriage a man and woman can no longer carry on with each other and divorce becomes necessary. Hence it approves of divorce in such situations and here contractual nature of marriage comes to their help. In some religions marriage is treated as sacramental and thus the bond can never be broken.

That makes lives of both spouses somewhat difficult to endure. The Quran while treating marriage more than contract, does permit divorce. But it does not make divorce a bitter rupture between husband and wife and advises man to live with her in ma’ruf (kindness) or leave her with kindness, not with bitterness. Thus whatever meher or gifts he has given to her, become her property and cannot be recovered. Thus verse 2:231 says:

“And when you divorce women
and they reach their prescribed time
then retain them with kindness or set them
free with kindness
and retain them not for injury.”
Thus we see the moral plane to which marriage and divorce have been lifted by the Quran. Regrettably over several centuries of Muslim development of jurisprudence, most leading schools of law overlooked this moral aspect of marriage and divorce as ordained in the Quran. It is maintained by many such jurists that divorce can materialize by utterance of a word a number of times! Such interpretations were made that allowed marriage to be broken by pronouncing thrice the word “talaq” (meaning severance) even if it uttered in anger and bitterness. It is my view that such a belaboured interpretative approach and interpretation misses the moral nature of Quran on divorce as I believe that triple saying of divorce has no place at all in God’s scheme of this matter.

Indeed so detailed is the treatment of this topic in the classical Islamic theology that it can said that God created the first known system of arbitration in this respect. Indeed the Quran actually instituted the institution of arbitrator to make living together or separation a humane and a healing process. The arbitrator could look into issues after hearing from man’s and woman’s side. Thus in verse 4:35 the Quran says:

“And if you fear a breach
between the two
appoint an arbiter
from his people
and an arbiter from her people.
If they both desire agreement
Allah will affect harmony (reconciliation) between them.”
Thus the Quran does not like a sudden rupture of relationship between husband and wife in a state of anger, but requires harmony and agreement as far as possible. This purpose is totally defeated by allowing triple divorce in one sitting. Divorce should not be seen merely as a breaking of contract in an arbitrary fashion but bringing about separation as a last measure after all efforts to bring about harmony between the two. Thus any law of divorce should be based on moral approach of the Quran. Thus marriage and divorce should not be treated merely as legal contract to be entered into and broken at will without any regards to moral values involved in these acts. Unfortunately as I see it the Western jurists and legal systems treat marriage and divorce as strictly legal matters devoid of moral values.

Pakistan became the first Islamic country in modern times to effect such changes in the positive laws. By enactment of West Pakistan Family Laws Ordinance, 1962, important changes were effected. Both Quranic aspects referred to above were incorporated in the statute, viz: divorce had to be made in written form with copies supplied to the Union Councils. Then it created official Arbitrators to accomplish the task of reconciliation. Not only it had the oral triple talaq law redundant but also created the institutions of Arbitrators at all the basic civic levels of governance.[24]

The next point requiring my careful attention is the misconception that legally speaking Islam gives a secondary place for women as it relates to wives and daughters. Similarly, Quran treats gender question not merely as of husband and wife as two partners having different sexes but as human and spiritual partners. Functionally at a realistic level some jurists misinterpret to contend that women have a subordinate position. This verse 4:34 says:

Men are the protectors
And maintainers of women
It is my feeling that it is only descriptive of a world wide economic and societal fact and not the enunciation of a religious dogma. At deeper and spiritual level gender relationship is described further in the verse 33:35. This verse treating the question at spiritual level says:

“Surely men who submit and the women who submit,
and the believing men and believing women,
and obeying men and obeying women,
and the truthful men and truthful women,
and the patient men and patient women,
and the humble men and the humble women,
and the charitable men and the charitable women,
and the fasting men and fasting women,
and the men who guard their chastity
and the women who guard,
and the men who remember Allah much
and women who remember,
Allah has prepared for them forgiveness and a mighty reward.”

Thus gender relationship between a husband and wife is on a spiritual level and is quite equal and without any discrimination in its evaluation. The nature of relationship in the verse 4:34 is purely functional and therefore, not applicable permanently. It will change with the function but the relationship described in 33:35 is on an elevated and spiritual level and permanent. Thus men and women are equal in every respect in the eyes of the Quran. Her humanity and human dignity in no sense is lesser than that of man.

The Islamic jurists, it is argued by some thinkers, treated women as unequal on the basis of certain verses like she being half witness or she receiving half the share in inheritance. Such verses in no way prove her inferior to man as far as her human dignity is concerned. It would be out of place to discuss in this presentation this exhaustive topic of economic laws of Islam on such issues. But I must say that there is great misunderstanding about these verses also. It is wrong to designate her as half witness as it pertains only to financial matters as she had no financial experience and moreover it is not at all obligatory but recommendatory in nature. Today women also are financial experts and head even banks, corporations and even have risen to be he heads of governments. Therefore why or how can women are treated as half witness in financial matters only? There is manifestly merit in the argument that the verse was of recommendatory nature in conditions of those times. In no way it can be cited to prove her inferiority.

Some Islamic jurists have treated women as unequal on the basis of certain verses in which it may be well perceived as being treated as only as a “half witness” or she receiving half the share in family inheritance. The reasons for such legal postulates are available but it is not necessary to be expounded here. It is sufficient to say that these verses in no way prove a woman’s inferior status to man. Those verses are basically functional and were articulated for guiding a primitive society with some moral criteria for issues of evidence and family distribution of wealth. Without such guidelines, women legally had nothing by way of rights of any kind. There is evidently another misunderstanding about such verses. It is patent that all such verses in the Quran are essentially recommendatory in nature and it is wrong to interpret them as utterly binding literally. Today women have tremendous financial prowess and some even head banks and multinational institutions. How can a woman be treated as half of man in all such matters involving status of significance?

To give you the best example of the pivotal position that women have come to acquire let me give you the most recent example, and that too from an Islamic country. Shaikha Haya bint Rashid Al Khalifa on 12 September 2006 took over the presidency of the UN General Assembly from the outgoing president of the 192-member body, Swedish Foreign Minister Jan Eliasson. UN Secretary-General Kofi Annan was quoted as saying it was a step “that will portray a positive picture of Arab women. There are many challenges that we need to face and with Shaikha Haya’s wisdom and cooperation I am sure many issues will be solved.”[25] Shaikha Haya is the third woman and the first from the Middle East who has been elected president of the UN General Assembly in 60 years. Vijay Lakshmi Pandit of India was the first woman president in 1953 while Liberia’s Angie Brooks presided in 1969.[26]

Even a lesser portion in inheritance of family property of daughters is logically no proof of her inferiority.[27] It was entirely due to her being a non-earning member of the family in those days which necessitated her dependence on father and on husband after marriage. But the Quran had made her maintenance obligatory on her father before marriage and on her husband after marriage and on her sons after death of her husband, if she had grown up children. It has nothing to do with her being woman. Today in many cases she earns herself and contributes to the family wealth and there is a need to possibly examine this matter further.

The Quran created for women right to inheritance in three capacities: as daughter, as wife and as mother. Before Islam she could not inherit at all. Since in those days she was not contributing to the family wealth and was merely dependent on male members of the family. This (i.e. creation of right to inheritance in three capacities) itself was a revolutionary step. Thus this right could be further advanced today in the changed condition. It will in no way injure the spirit of the Quran; on the contrary it will enrich it. I strongly advocate on ethical and moral principles that the kind of changes I am hinting at are due for being implemented. In actual practice, some Islamic countries today are on way to achieving such results[28]. However it has been accomplished without much publicity for fear of arousing a religious reaction movement. In Pakistan for instance there is an open campaign to cancel from the statute books Hudood laws[29]. How far this evolution is successful remains to be seen.

So it is not only the matter of Shari’a laws not being applied in Family related questions, there is the more difficult and complex inquiry of how to meet the debris of centuries of interpretation to assist particularly the attitude towards women within the family institution. The task ahead for Islamic societies is thus very difficult. I find it almost disheartening as I feel that the trans-national realities are so delicate right now that vast number of uneducated people in Islamic masses is being driven towards adopting the more rigid approaches to important questions relating to Family, marriage and divorce.

Before concluding this survey, I should says something about some other aspects of this matter which are not well known. Apart from the genuinely difficult sociological and legal issues there are some peculiar problems dealing with Muslim family traditions in different countries connected with family and marriage issues. In the Sub-Continent, in Afghanistan and Pakistan, there exists amongst the Muslims the tradition of “wani” This means giving in betrothal one or two young female children in marriage to another family for some kind of a quid pro quo or simple bonding. Fortunately, however, the practice of wani is not widespread.

But another very disturbing phenomenon is the so-called urfi marriage. Social activists and experts working on broad family issues and human rights have warned of the dangers of a general lack of information regarding urfi marriage, a phenomenon that is becoming increasingly common in Egypt. “It’s the lack of understanding of what exactly urfi marriage entails that ends up creating a host of problems for the female party,” said Heba Loza, an expert on broader family issues wrote recently with semi-official newspaper Al-Ahram.[30]

Urfi marriages, commonly defined as marital unions lacking an official contract, are often carried out in secret. For the most part, those who choose to be married by way of an urfi contract are young couples who do not have parental consent or who cannot afford a wedding. “In reality, most of those who resort to urfi marriages are young couples seeking to legitimize a sexual relationship,” said Heba. “Many cannot afford a wedding, while many others don’t have the consent of their parents. To them, urfi marriages provide an alternative.” The basic question is that are urfi marriages sanctioned by Islam? Islam is after all Egypt’s majority religion. It seems that the view is generally that it is so even though conducting them in secret – without the consent of couples’ families – is not.

In urfi marriages, conducted by a Muslim cleric and usually in the presence of at least two witnesses, only two copies of the marriage contract are produced – one for each party. “Hence, there is always the danger that one party will deny the marriage ever took place,” said Heba. “In most cases, it’s the man.” I had already mentioned that there is the concept of temporary marriage in Shiite notions of Islam and is chiefly practiced in Iran. But to have this kind of acceptability in Sunni Muslims is quite unnerving.

Conclusions

Throughout the history of Islamic faith, it has been a deeply cherished objective to emphasize on enveloping the entirety of a person’s life with its normative structure of rules of conduct and precepts. Amongst the major norms of such expected behavior are those that are devised to apply to the institution of the Family. Islam has also a considerable amount of substantive rules that govern the matter of human rights. But, whereas in Western legal evolution the weight of such human rights’ normative seems to be developing evidently an anti-Family philosophy, the thrust of Islamic jurisprudence and Shari ‘a seems to clearly accommodate both the corpus of human rights ideology and those basic necessary rules that create for the flourishing of the Family.

The evolution of these norms and concepts in the international legal field has been such that, in respect of crucial details, there is a visible tendency to have the rights of the Family give up some of its historical and inherent hierarchal position and status in the society to specific and newly developed “rules” in the broader field of human rights. The problem that we are thus faced with is simple. Some of the “changes” that are currently advocated by a sizeable segment of liberal based ideologues are such that they aim to denude the very foundations and grundnorms of the institution of the family as to adversely affect its well-being and character. These challenges emanate from principally two sources, viz., the liberal facets of contemporary thinking about human rights and perceivable trends at the UN while codifying newer evolutionary norms of this law.

Undeniably the positive role that Faith and Religion play in the public life of any community is tremendously immense. Even amongst the most “progressive societies” of modern times the relevance of Faith can never be exaggerated. Given the peculiar political and societal realities of this millennium, in the Third World context Islam’s significance needs to be specially noted. The perennial support that Family as an institution has evinced from confines of doctrinaire Islam is by itself comprehensive both legally and sociologically! An understanding of this fact would provide us with a true glimpse of the rationale why Muslim countries are always advocating the continued historical continuity of the Family as the core and fundamental group unit of our civilizations, regardless of the nature of Religion of the concerned communities[31].

These are a few prominent areas within the Family laws requiring attention of scholars, experts, religious leaders and governments for undertaking “reforms”. The “reform” movement that is needed has to be well coordinated and of course led by profound scholarship. Anything less than quality would be self defeating. So this reform movement has to be undertaken with lot of planning, and a determined yet sincere effort to have the kind of imagination that achieves dynamic advances without creating the expected opposition from adversary ideologies.[32]

The recent defeat of reform laws in Pakistan and the Government’s failure to enact the women’s human rights law shows that when motivation is not to undertake improvement but to simply appear to be “moderate” in policy, the measure is likely to fail as it lacks the bona fides to do so.[33]

In all societies, when religious dogma is intertwined with local culture and prejudices, it is not easy to move ahead with alacrity. It is without question clear to me that the rights of women need manifest exposure and resultant improvement to realize the niche of equality of genuine advancement for both genders of the human race. The rightful place of women in a family thus needs a determined projection.

Please see the attached Academic Paper file for Footnotes.

WUNRN

Dr. Farooq Hassan, D.Phil.;
BA (Juris),MA,M. LiTT (OXON);
DCL (Columbia),DIA(Harvard);
Sen.Adv.Sup.Ct. (Pakistan),
Barrister at Law (UK), Attorney at Law(US)

Posted by Jock Gill at 10:22 AM | Comments (0) | TrackBack

September 14, 2006

60 Seconds to Steal an Election

This is a cross posting of a Marty Kaplan note posted originally on The Huffington Post.

09.14.2006
How to Hack a Diebold (Ivy League Edition)

Watch this video

Princeton computer scientists have figured out how to hack into a Diebold AccuVote [sic] TouchScreen voting machine. The subversion of democracy takes a coupla minutes, a screwdriver or paperclip, plus a floppy with the malware they've written.

This is no comedy video; it's a bone-chilling, blood-pressure-raising, citizen-outraging rebuttal to all the calming unctuous bromides you've heard about the safety of our voting technology.

The authors of this paper may be geeks, but they don't wear tinfoil hats. The P doesn't stand for Paranoia; it stands for Princeton.

I'd upload the Princeton video so you could watch it right here, but the Creative Commons non-commercial license it's copyrighted under precludes wrapping it in an ad. As long as you attribute it and don't profit from it, you can post the video on any site you'd like. If the hotlink to the video doesn't work for you, here's the URL:

http://itpolicy.princeton.edu/voting/videos.html

The complete paper can be found here.

Had enough?

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August 5, 2006

End Game behind Lebanese War?

By: Dr. Farooq Hassan

Harvard University

A major puzzling question agitating many is how to evaluate the end game behind this huge military onslaught that is destroying Lebanon? On 3rd August the Senate Armed Services Committee gave the Defense Secretary a difficult time when he appeared in a public debate to explain the Administration’s stance on the war situation in Iraq and Lebanon.

These exchanges quintessentially centered on Rumsfeld’s earlier upbeat assessments and what has actually occurred. It was an ex post facto analysis of the recent past: the aim being to demonstrate the short sightedness of the US polices. Senator Hillary Clinton categorized the Administration’s policies in Iraq as faltering failures and their execution incompetent. Embarrassing for the Administration, its two top generals, who had been frequently describing American fortunes in Iraq’s war in reserved yet clearly platitudinous semantics, frankly admitted that Iraq was near enough a civil war. Manifestly the army’s think tanks have now come to adopt the same perception of events in Baghdad that the public has known for many months! For many months, with nearly a hundred deaths a day, there is little that any sophisticated spin of concepts could possibly otherwise accomplish.

What is, however, the ultimate goal of the current state of continued bombardment of Lebanon that clearly has Washington’s support? To realize this end game scenario a number of fundamental questions need to be raised. In pursing Hezbollah, why was the high degree of damage to Lebanon’s infrastructure and people acceptable to the US? Did Secretary of State’s repeated assertions that “sustainable peace” was the US goal, implicitly permit the devastating civil toll? If, for a moment, we accept the underlying rationale of this perspective on account of its possible strategic implications, we still are not told why this was a necessary element in this process. Hasn’t such a policy politically strengthened Hizbollah? If the aim was to destroy their military might this objective has failed. Indeed, this war, now in its fourth week, put an end to the myth of invincibility of Israel’s armed forces.

Alternatively, was this apparently destructive bombardment conducted with the aim of demoralizing the Lebanese government and the people? Or is it to use it as a prelude to attacking Iran? Is an attack on Syria similarly a possibility? And if Israel, hypothetically speaking, succeeds in all these aims, or one of them, how does that advance US interests when political loss of its standing in the Muslim world is obvious? The OIC Declaration in Kuala Lumpur on the same day, 3rd August, affirmatively said as much. What is the US role in the Lebanon War? Is she a party on Israel’s side, or is it neutral? If so, what credence can be given to such avocations by Washington that both Lebanon and Israel are its friends when the former is being physically wiped out of existence by the latter?

The war has not gone well for Israel. Even Hassan Nassullah, despite heavy bombing efforts, could not be prevented from appearing five times on public TV! On the 23rd day of this war, claims of down grading the military potential of Hizbollah were belied when over 200 rockets landed in northern Israel, killing 9 civilians besides four solders during combat. On the same day Beirut was fiercely hit by air attacks and the Lebanese Premier announced that over 900 civilians had been killed by these Israeli bombardments, about one third of the country’s structures demolished, many thousands injured, and over a million made refugees in their own country.

While discussing Lebanon, one should not over look the Iraqi situation. That war, despite worldwide opposition, was started at Washington’s urging to destroy WMD. When they were not found, it was canvassed that it was necessary to continue the military operations as democracy was at stake. As hostilities have still continued, it is now also said to be war against terrorism.

Why this transformation of semantics? Or is it a difference in concepts?

The most affirmative awareness of this phenomenon came recently through a speech delivered last week by premier Tony Blair in Los Angles. Signaling a clear break with American neo-conservatives, and arguably with President Bush, in this address there was no mention of there being in existence now a “war on terror” in Lebanon and possibly in Iraq. Blair remarked:
"We are fighting a war, but not just against terrorism but about how the world should govern itself in the early 21st Century, about global values. We will not win the battle against this global extremism unless we win it at the level of values as much as force, unless we show we are even-handed, fair and just in our application of those values to the world."
Tony Blair now seems to accept that some of the approaches have been wrong. He was not repudiating the war in Iraq but was saying that not enough emphasis has been put on solving underlying problems, like the Israel/Palestine issue for one. There is thus a muted and belated reference to causation and the need to address it on moral principles.
"Unless we re-appraise our strategy, unless we revitalize the broader global agenda on poverty, climate change, trade, and in respect of the Middle East, bend every sinew of our will to making peace between Israel and Palestine, we will not win. And this is a battle we must win,"
he said.

True neo-conservatives might consider that Tony Blair is going soft, especially in his call for the US not to use "unilateral action" as a "preference". But the time has come to ask seriously about the goals of the end game in Lebanon.

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June 11, 2006

500 PPM CO2 & An Inconvenient Truth

My wife and I saw "An Inconvenient Truth" recently. Good audience, even if not quite sold out. Great film. As I told my friend Dewayne, if Al doesn't run for president, I'll be extremely disappointed.

Clearly, the implosion of the environment is THE defining challenge facing us. It trumps terrorism and all of the is