Blashphemy Law, Islam And Islamic Countries

The act of reviling, ridiculing, or being disrespectful or irreverent of, by words or conduct, God, religion, a religious doctrine, a religious icon, or anything considered sacred is blasphemy. It is a crime under common law. The offence is one of strict liability. Thus, “intent to commit an act of blasphemy is irrelevant; all that matters is whether the accused did in fact publish the material that is the subject of prosecution.”

The blasphemy law was brought in the penal code by British in 1927 and made it a criminal offence to commit in sub-continent “deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religious belief”. The law did not discriminate between religions.

The blasphemy in Pakistani law was retained and the British blasphemy law was implemented after the independence until Zia military regime¹. This law was amended in 1986 and death penalty for anyone found guilty of defaming Islam was introduced.

Ten cases were reported in fifty-eight years from 1927 to 1985 but since then more than 4000 cases are reported. The Pakistan penal code states about Blasphemy law under section 295-A, “Deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs.” So according to this article of penal code who ever insult the religious beliefs of other person commit a crime and should be punished.

It is not being distinguished that only non Muslims should be convicted under this article but there is no such case in the history in which a Muslim is charged under this article and is punished. In Pakistan, Blasphemy law had always been exercised upon non-Muslims, which shows that this law had always been used to suppress non-Muslims and shows the narrow mindedness of religious clerics in Pakistan. Where is the Freedom of speech in this case? If we assume that these are the reasonable restrictions imposed by law then neutral person can say that these restrictions can be reasonable for Muslim citizens of the state but not for non-Muslim citizens. According to the article 20 of Constitution of Islamic republic of Pakistan², it is clearly written that every citizen shall have right to propagate his religion but then article 298-C of P.P.C. states that Quadiani group is not allowed to propagate his faith. These two laws seem contradictory to each other. . A neutral person can say that Blasphemy law is the violation of the article 20 of the Fundamental Rights section of the Constitution. In the case of Asia Bibi ³in 2009, who was Christian woman and charged with blasphemy and punished with death penalty and restraining the president from pardoning.

According to Islamic principles of Justice and Sharia, two witnesses are mandatory to punish a person for a crime. But according to the judgment handed down by Lahore High court on October 29, 2010, “To constitute offence under Section 295-C of P.P.C.; number witnesses are not required and it is not necessary that such abusive language should be made loudly in public or in a meeting or at some specific place, but statement of single witness that somebody had made utterance for the contempt of the Holy Prophet (SAAW) even inside the house is sufficient to award death penalty to such contemnor.”

It means that there is a conflict between the Islamic principles and the constitution of Pakistan. So we can infer than that blasphemy law is manmade law. If we study the history of this law then we shall be able to know that British in the sub-continent introduced this law ⁴and they did not made it on the basis of Holy Scriptures of Islam so it is a man made non-Islamic law and it can be reformed. It is not a pure Islamic law, which cannot be subject to amendment. But religious clerics have made people so much extremist that no one even hears anything about Blasphemy law as they think that this is a core part of Islam and their religious belief. That extremism was the cause of the murder of Salman Taseer ⁵who just said that this is a “Kala Qanoon”. ⁶The context of his viewpoint was that this law always had been misused because there are so many loopholes in the implementation of this law.

               There is difference of opinion even in the Muslim sects.  Some Muslims believe that Prophet Muhammad   was   “Noor⁷”   but   other   say   that   he   was   just   an   ordinary   man.   Now According  to  the  group  who  said  Muhammad  (SAW)  was  “Noor”,  it  is  disrespectful  to  say him an ordinary man. Do the group who say him an ordinary man commit blasphemy according to 295-C of PPC This is how this law had been misused against minorities using the emotions of innocent Muslims who had no idea that they are being a part of what annoys Allah. “Whoever hurts a Non-Muslim citizen of a Muslim state hurts me, and he who hurts me annoys God.” (Bukhari) ⁸and Quran says “But if they turn away from you (Oh Prophet remember that) your only duty is a clear delivery of the message (entrusted to you)” (16:82)

Moreover, the Holy Quran and Sunnah, ostensibly, form the premise of Article 295 of the Pakistan Penal Code (PPC) and without revisiting what they actually say about blasphemy, the only challenge that might be successful against this law would be to have its procedural aspects modified. So is it possible then, that the Almighty, who has thus exalted the status of the Holy Prophet (PBUH), left us without any guidance on how to deal with speech or actions that attempt to disparage him? Could the Quran be silent on a matter of such grave importance? Have Allah left us to rely on the Ijma⁹ and Qiyas ¹⁰of the clerics who came some two centuries after the Prophet (SAAW)? Indeed not. The Quran also mentions the most important case of blasphemy ever committed against Mohammad (SAAW). The Quran says in Surah Al-Massad:

“The power of Abu Lahab will perish, and he will perish. His wealth and gains will not exempt him. He will be plunged in flaming fire. And his wife, the wood-carrier, will have upon her neck a halter of palm-fibre.”

The common theme between the verses noted above is that, while the highest condemnation has been heaped on anyone reviling or attempting to revile the Holy Prophet (SAAW) and eternal damnation promised for the perpetrator, neither a direct order (amr) has been given to impart a punishment nor a set punishment prescribed — not even for Abu Lahab!(4)

However, Article 295 is repugnant to the Quran and Sunnah and, as long as it remains on the books, it will be a direct negation of the verse “Wama arsalnaka illa Rehmatan-lil-alameen” (We sent thee not, but as a Mercy for all creatures.) (21:107) By not prescribing harsh penalties, the Almighty prevented this exalted status of Mohammad (SAAW) from being undermined.

This is not only the issue of Pakistan but of the whole Muslim Umma. The blasphemy law so considered the pure Islamic law is very much different in Islamic countries and is implemented in different ways.

In Saudi Arabia On 13 June 2007, Sabri Bogday, a barber from Turkey, appeared at a General Court at Jeddah on a charge of blasphemy. Bogday confessed to "swearing at Allah." The Court (three judges) sentenced Bogday to death. Bogday appealed the verdict but his appeal was denied. He appealed to the Appeals Court but his appeal was denied. He appealed to the Custodian of the Two Holy Mosques, King Abdullah. The king allowed the appeal upon Bogday's repentance and his plea to Allah for forgiveness. Bogday returned to Turkey on 27 January 2009. In this case the king pardoned him on his own discretionary power. It is a matter of thinking then that can a Muslim king then interfere in Islamic laws? If not then the above case shows that blasphemy is not a pure Islamic law.

Another case On 3 September 1992, Sadiq Abdul-Karim Malallah was publicly beheaded by sabre in al-Qatif in Saudi Arabia's Eastern Province after being convicted of apostasy and blasphemy. Malallah, a Shia Muslim from Saudi Arabia, was arrested in April, 1988 and charged with throwing stones at a police patrol. He was reportedly held in solitary confinement for long periods during his first months in detention and tortured prior to his first appearance before a judge in July 1988. The judge reportedly asked him to convert from Shia Islam to Wahhabi Islam, and allegedly promised him a lighter sentence if he complied. After he refused to do so, he was taken to al-Mabahith al-Amma (General Intelligence) Prison in Dammam where he was held until April 1990. He was then transferred to al-Mabahith al-'Amma Prison in Riyadh, where he remained until the date of his execution. Malallah may have been involved in efforts to secure improved rights for Saudi Arabia's Shia Muslim minority.This case depicts that such blasphemy laws are basically made to suppress the minorities of the state.

In Egypt the article 98(F) of the Penal Code, as amended by Law 147/2006 states the penalty for blasphemy and similar crimes:

“Confinement for a period of not less than six months and not exceeding five years, or a fine of not less than five hundred pounds and not exceeding one thousand pounds shall be the penalty inflicted on whoever makes use of religion in propagating, either by words, in writing or in any other means, extreme ideas for the purpose of inciting strife, ridiculing or insulting a heavenly religion or a sect following it, or damaging national unity.”

The heavenly religions are Islam, judasim and Christianity. In 2001, an Emergency court sentenced Salaheddin Mohsen, a writer accused of blasphemy, to three years in prison with hard labor for allegedly writing literature against Islam. The court also ordered that all of Mohsen's

books and publications be confiscated for containing "extremist" ideas. Mohsen's books promote secular thought.

So there is no death penalty mentioned in their constitution for blasphemy and the Fatwas of Sunni sect of Muslim mostly come from Al Azhar university of Egypt but then why there is a difference in such matter.

Iran is a constitutional, Islamic theocracy. Its official religion is the doctrine of the Twelver Jaafari School^. Iran's law against blasphemy derives from Sharia. Blasphemers are usually charged with "spreading corruption on earth", or mofsed-e-filarz, which can also be applied to criminal or political crimes. The law against blasphemy complements laws against criticizing the Islamic regime, insulting Islam, and publishing materials that deviate from Islamic standards.

In February 2009, the Iranian government launched a campaign against Mohammad Mojtehed Shabestari, a Shia Muslim cleric, for blasphemy. Shabestari's blasphemy was to say in a speech: “If in a society the three concepts of God, power, and authority are mixed up, a political-religious despotism will find strong roots. ... and the people will suffer greatly.”

In 2002,  Hashem Aghajari, a member of the Shia majority, a history professor, and a veteran who lost a leg in 1980-88 war against Iraq, gave a speech in which he called for  political  reforms. The authorities arrested Aghajari, charged him with blasphemy, and jailed him. A court convicted Aghajari, and made death the penalty. In June 2004, the Supreme Court substituted a charge of "insulting religious values" for the blasphemy charge, and imposed a jail term of three years among other penalties. Aghajari was released on bail on 31 July 2004. So it is clear that there are differences in law which is called the pure Islamic law.

In Afghanistan's Penal Code of 1976 addresses "Crimes Against Religions" but leaves the issue of blasphemy to Sharia¹². Sharia permits the authorities to treat blasphemy as a capital crime. The authorities can punish blasphemy with death if the blasphemy is committed by a male of sound mind over age 18 or by a female of sound mind over age 16. Anyone accused of blasphemy has three days to recant. If an accused does not recant, death by hanging may follow.

This implementation of blasphemy law is little different from other Muslim countries. The accused is given 3 days to recant, which means that there is some possibility of forgiveness if accused recant.

In October 2005, Ali Mohaqiq Nasab, a journalist and an editor of a women's rights magazine, was sentenced by a tribunal to two years in prison for blasphemy because he questioned the harsh punishments imposed on women under Sharia, and because he said conversion from Islam should not be a crime. Nasab was released in December 2005 after his sentence was reduced on appeal.

The whole point behind discussing all the Muslim countries blasphemy law is that there is no standard for blasphemy.

We can infer that if Prophet (SAAW) had cleared to us that we cannot hurt any non Muslim of a Muslim state and we are doing that so we are disobeying Prophet (SAAW) . if there was any exception that we cannot hurt any non Muslim until he or she commits blasphemy but there is not mentioned any. In furtherance of the same point we cannot find any event at the times of Prophet (SAW) in which the blasphemers were punished to death. In some verses of Quran it is stated that “There is no compulsion in religion.” (2:256)

Reading and understanding all the referred Hadiths and Verses of Quran one can infer that there is no clear saying about the punishment of blasphemers and blasphemy is law is then manmade law.

The pure Islamic law which can also be called God law is the same all the over Muslim states and implemented in the same manner at all Islamic places. Those laws are undisputed. So a law which is manmade and implemented falsely is very harmful for the Muslim umma. The blasphemy law in different Islamic countries with different sects would create then a huge conflict between the sects. The country with majority of one sect will then implement such laws which would be blasphemy if the other sect acts normally in their natural way which is mostly happened nowadays.

The main theme is that such laws are dangerous for the unity of Muslims. Every third person would be a blasphemer according to the other sect person. This would make the situation increasingly explosive and volatile. Furthermore, the blasphemy law in its current shape can be manipulated and abused to serve both personal and political ends.

There needs to be focused and sustained reassessment of the blasphemy law across the world. Such a reassessment needs to emanate from within the respective societies in which the law is being implemented. Considerable role needs to be played by the civil society in such societies; as the civil society apparatus has the institutional backing required to channelize any prospective change in the blasphemy law. This would facilitate the individuals who wish to bring changes in the blasphemy laws. Sections of society that are against the blasphemy law, need to realize that the only feasible way forward is of ‘inclusion’ of the religious scholars and their adherents in the process of change. This essentially means that a ‘religious’ rather than a ‘secular’ solution is the answer to the problem. This would help in isolating the extremist elements that support blasphemy law, and diminish their influence in the law-making process.

 Works Cited

"Annual Report of the United States Commission on International Religious Freedom." Web. 24 Nov. 2011. <http://www.uscirf.gov/images/AR2009/iran.pdf>.

"Asia Bibi, Pakistan Blasphemy Case Defendant, Death Sentence Handed Down." Breaking Newsand Opinion on The Huffington Post. Web. 24 Nov. 2011.<http://www.huffingtonpost.com/2010/11/11/asia-bibi-pakistan-blasph_n_782297.html>.

"Blasphemy - Legal Definition." Legal Definitions. Web. 24 Nov. 2011.

          <http://law.yourdictionary.com/blasphemy>.

"Blasphemy Laws: What Does the Quran Say? — by Dr Mohammad Taqi | LUBP."

LUBP | Towards a Democratic, Multicultural and Progressive Pakistan. Web. 24       Nov. 2011. <http://criticalppp.com/archives/31480>.

Bukhari, Muhammad Ibn Isma'il. Sahih Bukhari. Lahore: S.G. Ali, 1962. Print.

"The Constitution of Pakistan." Welcome to Pakistani.org. Web. 24 Nov. 2011. <http://www.pakistani.org/pakistan/constitution/>.

Fathi, Nazila. "Iran Drops Death Penalty for Professor Guilty of Blasphemy - New York Times."

           The New York Times - Breaking News, World News & Multimedia. Web. 24 Nov. 2011.<http://www.nytimes.com/2004/06/29/world/iran-drops-death-penalty-for-professor-guilty-of-blasphemy.html

"FileRoom.org - Saudi Arabian Poet Sadiq Melallah Beheaded." The File Room CensorshipArchive Home Page. Web. 24 Nov. 2011.<http://www.thefileroom.org/documents/dyn/DisplayCase.cfm/id/1053>.

"The History of the Blasphemy Law – The Express Tribune." The Express Tribune – LatestBreaking Pakistan News, Business, Life, Style, Cricket, Videos, Comments. Web. 24 Nov. 2011. <http://tribune.com.pk/story/99414/the-history-of-the-blasphemy-law/>.

"Latest International Human Rights News and Information | Amnesty International USA."

Amnesty International USA | Protect Human Rights. Web. 24 Nov. 2011. <http://www.amnestyusa.org/news?lang=e>.

"LHC Ruling Upholds Validity of Blasphemy Law." The News International: Latest, Breaking,Pakistan, Sports & Video News. Web. 24 Nov. 2011.<http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=2384>.

"Pakistan Penal Code." Welcome to Pakistani.org. Web. 24 Nov. 2011. <http://www.pakistani.org/pakistan/legislation/1860/actXLVof1860.html>.

The Penal Code of the Egyptian Native Tribunals: (translation). [Cairo]: Survey of Egypt, 1921. Print.

​

"Salmaan Taseer Assassinated – The Express Tribune." The Express Tribune – Latest BreakingPakistan News, Business, Life, Style, Cricket, Videos, Comments. Web. 24 Nov. 2011.<http://tribune.com.pk/story/98988/salman-taseer-attacked-in-islamabad/>.

"Saudi Arabia: Turk Sentenced To Die For Islamic Blasphemy... - SternFanNetwork."

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"UNHCR | Refworld | 2008 Report on International Religious Freedom - Afghanistan." UNHCRWelcome. Web. 24 Nov. 2011. <http://www.unhcr.org/refworld/docid/48d5cbf4c.html>.

Written By: Turi

Middle East Movements in Light of Social Movement Theories

“The world’s progress is like that of a fleet horse, galloping and galloping onward. Whatever cannot skillfully change itself and progress along with world will find itself eliminated. This intellectual was affirming the need of collective human action and the efficacy of that action for guiding social change.”( Robert H. Lauer)

In this essay movements around the Middle East countries will be discussed in accordance with the theories of social movements.

Social movement is a persistent and organized effort on the part of relatively large number of people either to bring about or to resist a social change. According to “McAdam,1999” social movements are those organized efforts, on the part of excluded groups, to promote or resist changes in the structure of society that involve recourse to non institutional forms of political participation.” So social movement is a collective action of masses in which all the protesters are working under same ideology. People in social movements are bonded due to various perspectives like same ideologies, emotions, religion, gender, ethnic bases etc. So what is happening in Middle East countries?

            

                     In Middle East countries like Egypt, Tunisia, Libya and Bahrain huge masses came out on streets and roads protesting against the existing governments on their failure in providing the basic needs of a common person. So the main theme of these movements is economic, social and political inequalities. Looking onto Egypt’s movement, Egypt was ruled by President Mubarak for last thirty years. The movement started in 2006 by the labors of textile factory in Mahalla due to economic issues and Mahalla was once again the site of dissent when the food prices hit a new high. Egypt was passing through severe economic and social instabilities. People of Egypt were suffering due to the government’s false economic policies and were not given the rights they wanted. According to Esam Shaban, a researcher at the Afaq ishtiraqeyya center, “Over 80 percent of Egyptians are poor, Shaban says, and conditions have worsened over the past five years. While the Egyptian government often claims that increasing poverty is result of global market fluctuations, others suggest that Egypt’s problems are the direct result of growing gentrification and the government’s economic policies.”(Rizk)

These were some issues due to which a movement started and huge masses were on streets. This movement was later in 2008 joined by the university students when a student who was protesting against the economic conditions in country was shot by the police forces. The movement got strengthened when different classes of people joined the movement in which political parties like brotherhood were also included. Finally the movement resulted in stepping down of President Husni Mubarak from office.

Analyzing the movement we can infer that the movement was well disciplined and well organized which is related to resource mobilization (RM) theory. “Resource mobilization theory is concerned with looking at the functioning and structure of the movements and of movement organization in particular. This approach focuses on elite fragmentation within the political sphere as being central to the success of social movement. Theory of resource mobilization focuses on the strategic and political nature of social movements and view collective action largely through an organizational lens. Hence studies in this field are often concerned with social movement’s organizations (SMO’s), focusing on formal, professionalized groups lobbying for political influence.”(Della, Porta Donatella, and Mario Diani)

In Egypt’s movement the protesters worked accordingly to resource mobilization theory. The movement was first functioned and structured by the labors then later on different classes emerged and joined in that well structured movement. Internet social networking sites (facebook) played a vital role in functioning and structuring of the movement. Egyptians from all over the world participated through internet and protested worldwide to show their ideologies same as their brothers and sisters who were in Egypt.  Some elites of the Egypt in contrast with others were also part of the movement, which is accordingly to resource mobilization theory.

The movement was political in nature as Muslim brotherhood was the key part of it. Egypt’s movement was widely a collective action in which citizens of different cities worked together on one platform and assured each other by standing next to each other. So the Egypt’s movement was accordingly to resource mobilization theory.   

Looking at President Mubarak’s government, it was an autocratic government under the rule of military dictatorship. The political structure of the government was weak, corruption was on its peak and existing political system was vulnerable to challenge. So the other theory related to the Egypt’s movement is Political Opportunity Structure (POS). “Political opportunity structure argues that the actions of the activists are dependent on the existence or lack of specific political opportunity”

This theory focuses on political structure, military dictatorship, corruption and single incapable political part ruling the state. According to POS theory the people of a state challenges its political structure when they feel deprived, mistreated and have grievances directed at a system that they perceive as unjust. When a collective thinking of injustice develops, people become members of a movement against such political system and the goal of activists is organized in political context. 

In political opportunity structure, military dictatorship is one of the main causes of the movement. Political parties and worker of these political parties are commonly found in the protest against the military dictatorship. Corruption in political structure is one other key reason of movements.

Single ruling party which is considered incapable for ruling is also one major reason of movements according to political opportunity structure. This theory suggests that when there are no political opportunities, simply having grievances and resources will not be enough and thus the movement has a chance to succeed.

Therefore in Egypt, the people were deprived and were having a collective thinking of injustice by the Mubarak’s government. They had enough of the thirty years military dictatorship which was responsible for the bad economic conditions in the country, food prices were on their heights, ratio of jobless people was increasing day by day. At the same time people did find a political opportunity in order to bring about a social change in their lives and organized themselves. The movement members were in communication all over the country and abroad as well. The organized movement was the result of proper guidance of the movement leaders, who properly channeled the members in a stream to achieve the goals of the movement.

So in conclusion we can say that the Egypt movement was a strategic movement in which different classes of people collectively worked successfully for the goal of the whole nation. Thus the movement was carried out according to the political opportunity structure theory.

In this essay we have related both the theories that are; resource mobilization theory (RM) and political opportunity structure theory (POS) to the Egypt movement which is one of the Middle East countries where movements had been started against the existing governments. Similarly in other Middle East countries like Tunisia, Libya and Bahrain the basic concept behind the movements are economic, social and political inequalities. People of other countries are also working in different ways of social movement theories.

It is clear from the history that movements are carried out in order to bring about or to resist any social change in a society and different social movements are in one way or other are related to a different theory of social movement. This movement too can be related to other theory also in others point of view because movement involves a broad variation of strategic steps which can be easily related to any other theory of the social movement.

Movements have different aims behind them and are carried out worldwide for various purposes. We relate the movement and its success with different theories but the question still remains that how we predict the success of the movement?

The same question remains to be answered in Egypt’s movement, Are the Egyptians succeeded in achieving their goal of the movement? Are they happy with the consequences arrived after the movement? The movement of Egypt has yet not ended.

 Works Cited

Della, Porta Donatella, and Mario Diani. Social Movements: an Introduction. Oxford: Blackwell, 1999. 9. Print.

McAdam, Doug. Comparative Perspectives on Social Movements Political Opportunities, Mobilizing Structures, and Cultural Framings. Cambridge [u.a.: Cambridge Univ., 1999. Print.

Rizk, Philip. "Egypt's Labor Movement: 4 Years in Review." Web. <http://www.almasryalyoum.com/en/node/38453>.

"Social Movements and Social Change by Robert H. Lauer." Questia - The Online Library of Books and Journals. Web. 20 Mar. 2011. <http://www.questia.com/PM.qst?a=o&docId=77947944>.

Www.fdbond.com [5]. Web. 20 Mar. 2011. <http://www.fdbond.com/Sociology/17-Collective-Behavior/Political-Opportunity-Theory.htm>.

Why Democratic model has failed to provide people, the basic rights that they deserve?

The slogan for democracy as the only feasible solution to rule a country is pretty obvious in today’s media because the notion of democratic model is based on two basic principles which are of central importance: freedom and equality. These principles reflect that all citizens are equal before the law and have equal access to power and the freedom they enjoy is secured by a constitution i.e. a system protecting legitimate rights and providing all, similar liberty. In history, democracy is seen as a political government carried out either directly (direct democracy) or through a system of representation (representative democracy.) But in my view democracy is a principal flawed not only in its basic theoretical foundations but also limited and impossible in its practical applications because of the manipulative tendency it affords to its practitioners who are at the top of the system.

It has been said that the ideal embodiment of the theoretical democratic dynamics is the United States of America. The one person in the United States who was said to be the stalwart of democracy is considered to be Abraham Lincoln. According to him, democracy means a form of government which is ‘for the people, by the people and to the people’(). Thee basic operatives of the dictum are such that it is a system based on representation through election. The masses vote for the people who they deem to be the most suitable for the office or post under consideration So, in its true essence, this model states that the elected lobbies have all the rights to make different laws whether these laws favor people who have elected them or are actually detrimental to their existence in a political and social sphere.

The notion illustrated above (which is basically the bedrock to the operation of democracy) asserts that an elected representative will make laws either way but it is been generally observed that these laws have only benefited those people who are either in his political party or are form the lobby which supports him, from whom he will take help in the next elections. It also may work for the best interest for those people who are influential or have large amount money to fund the election campaign of the person. A perfect example of this would be how different corporations finance the election campaigns for candidates running for the Presidential post().  For instance, in United States the representatives work for the best interests of their party because the social bonds within them are so influential that they don’t want to spoil these relations at the cost of national interests. Health bill is an example of such a bond. The ruling governments since 1912 are trying their level best to introduce health reforms but they have failed to do so because of some influential people in the establishment who do not want this bill to be passed. Yet the current representatives have failed to develop a mutual consensus on the health bill as one of the primary agendas. The Obama administration government was to pass this bill but still after two years, no progress has been made due to insurance lobby who does not want this bill to get passed. Conversely it should it is absolutely imperative to note that this bill would be completely helpful to the major populace of the country. Mr. Ryn, in his book, can democracy survive, The New Jacobinism has analyzed the current state of democracy in the west. He argues that democracy in the Western states is on a constant decline due to moral, spiritual and cultural values that were once of central importance in the West. In his view change brought by modernity lead to grave modern decline. Ryn also asserts that the above mentioned social fragment leads to self-assertion by different sections of the people who are different in various aspects such as their culture, nature etc. and therefore, hostility and aggressiveness is generated amongst them.[1] For example, in 2002 elections, votes in Florida weren’t counted because a Black American was winning by a huge margin and those in the status quo did not want the age old establishment to be disrupted and did not want a black to win from this territory.

Within the United States, due to changing demographics, if democracy is implemented in its true spirit the predominately Caucasian establishment and the existing political system might loose power to those who don’t share same values. For instance, within a decade the non-whites may outnumber the white ruling elite. If a country is really democratic than will heroes of USA still be Washington and Jefferson or will heroes of the country be replaced by non-whites such as Martin Luther and Malcolm. Will the Presidential house be named as white house or black house? Europe has also similar concerns. There are right wing movements in Nations who want to revise the existing political arrangement. Between 1999-2002 government of Russia, Italy, Portugal, Norway and the Netherlands all have experienced a political and ideological shift to the right which also threatened European Union and its enlargement.[2]

Also, in Pakistan the situation is critical because of the allegations, namely that of the  “The Swiss Case”, on the current President. He is accused to be in possession of illegal property in Switzerland which tie him blatantly to various money laundering cases. The Supreme Court wants this case to be re-opened but the Swiss judiciary has rejected to re-open the Swiss case as President apparently enjoys immunity under the constitution. He cannot be held culpable because he holds the highest office of this system and he cannot be summoned to the court. So, it can be inferred that the running democratic model in the world is full of biases and the worth of ‘what is innately and inherently right’ is apparently not understood and even disregarded. Another important example of this model is that it discriminates a common person from an elected one as these officials are elected for a certain time frame and in this time frame they can run and develop an institution in the manner they wish for and like. So, people usually don’t get what they wished for, as stated above, such as the example of health-bill.[3]

Moreover, the major concern of the ruling is to hold their office as long as they can and to turn no attention to the grievances of the common man. The biggest issue for a common person is the price hike that is, how in two years the prices have increased 300 percent and on the other hand media portrays and claims that the representatives are trying to develop a notion of real democracy in which they are more concerned about institution building. It is in no doubt that it is necessary for a country to have well developed institutions but a representative is supposed to solve problems and provide comfort to common. They should address the grievances of their voters before institutional building and that the ruling governments have failed to provide the basic needs to common. They should endeavor more to solve the problems at the basic level rather than to bother about the petty details regarding constitutional policies. So, the notion of freedom is manhandled by the representatives as they turn a deaf ear to common people’s grievances. These grievances create social uprising and political fragmentation among the masses.

The notions of lawyers’ movement, Pathan-Mohajir conflicts, terrorist bombings etc. are examples of self assertion that different classes want to induce on others. And because of the loss of moral principles and increased globalization the modern democracies are more likely to precipitate into anarchies. With the ethical boundaries dislodged and technological means enhanced the states becomes more controlling and intrusive in nature and thereby constrain the rights of citizens. For instance, some of the most prominent features of today’s democratic countries are obedience and action in accord of prevailing social standards administered through mass-media, education and other forms of technological initiatives.[4] And that is why Pakistan has witnessed ethnic struggles such as Mohajir-Qoumi movement etc. This movement was started by a student because the middle class subjects were treated direly in Sindh The theme of this movement was to give an identity to Mohajirs because the mohajir in Sindh were subjugated and were not given equal rights as that was given to Sindhi’s. Also, they were not given equal opportunities and equal rights to educate themselves. Moreover, many other movements arose due to these conflicts as the political atmosphere in Pakistan has always remained tense because of the ethnic conflicts. The nation state, Pakistan, comprises of four different transnational identities and all these identities have their own culture, tradition, norms and customs. The only binding force between these nationalities is religion but due to the loss of moral and social principles there raises many conflicts between these nationalities and the representatives have always tried hard to sort some middle way out for these nationalities. But when these representatives fail, a dictator overrules them whether it is liked by majority or not. Hence, the notion of democracy as a representative form of government is thrashed. The dictator as seen in history enforces his own pattern of thinking and the concept of freedom and equality is undervalued. All dictators which ruled Pakistan distorted the original concept uprising of democracy in such a way that the reforms and constitutional amendments they propose were all favoring themselves. For instance, Zia-ul-Haq introduced certain reforms which never favored Pakistanis and these reforms were opposed almost in every knock and corner of the nation state. Pervez Musharraf’s regime, on the other hand, introduced constitutional refroms such as that of Article 17-b according to which a President can dissolve Parliament whenever he finds necessary. So, freedom, in Musharraf’s regime, remained in the hands of a single person and he passed whatever type of bill he wanted from the Parliament because the office holders never want the Parliament to be dissolved. And, when Musharraf fails to implement his way of rule, he hands over the government to the people again and new elections took place in which different political parties sale their tickets to people wealthy enough to provide the party with a lot of money. So, the connection between money and party ticket remained very important in contesting the last elections and defining one’s merit and certainly it wasn’t based on some philosophical plan to provide a common person with equality and justice. Also, corruption is another important issue which distorts the philosophy of a democratic system.[5]

Corruption within institutions in Pakistan is so huge and rampant that the representatives, as observed in history, usually, don’t hesitate to make illegal money as much as they can. So, when a common man hears that elected representatives are corrupting institutions, he also neglects the importance of ‘tax-giving’ and, hence, the government lacks enough resources and funds to finance Pakistan’s infrastructure which results in underdevelopment. Also, people loose trust on the elected representatives resulting in social fragmentation within a society. [6]

From the above stated arguments, it can be inferred that the concept of democracy, as portrayed in theory, is a system which reflects that the best way to rule which is to provide freedom, equality and justice to all. In its true essence this system enhances and adds to moral and social principles which are important to bind a society. Also, the ethical boundaries of a nation are stretched and tolerance for one another increases. But the democratic model is never implemented in its true spirit as the representatives, as seen in history, are self-centered, self-interested and narcissi not only in a nation-state like Pakistan where the democratic model has strived with dictators but with the champions of democracy, such as U.S, as mentioned above. For nation-state like Pakistan, it can well be concluded that if the democratic model is implemented in its very essence than certainly the tensions among the people can be decreased.  Also the dependence on world, to give foreign aid, result in western policies and rule of law which then again results in hatred among the patriots, for the government. So, the concern of the representatives should be to provide common ground for these four nations to exist and certainly these grounds can be established on the basis of equality and justice.

 Written By: Turi