The more you look, the less you see in Swat sharia deal
Ten days have passed since Pakistan cut a deal with Islamists to enforce sharia in the turbulent Swat region in return for a ceasefire, and we still don’t know many details about what was agreed. The deal made international headlines. It prompted political and security concerns in NATO and Washington and warnings about possible violations of human rights and religious freedom.
In the blogosphere, Terry Mattingly over at GetReligion has asked in two posts (here and here) why reporters there aren’t supplying more details about exactly how sharia will be implemented or what the doctrinal differences between Muslims in the region are. Like other news organisations, Reuters has been reporting extensively on the political side of this so-called peace deal but not had much on the religion details. As Reuters religion editor and a former chief correspondent in Pakistan and Afghanistan, I’m very interested in this. I blogged about the deal when it was struck and wanted to revisit the issue now to see what more we know about it.
After consulting with our Islamabad bureau, reading other news organisations’ reports and scouring the web, I have the feeling — familiar to anyone who has reported from that part of the world — that the more you look at this deal, the less you see besides the fact of the deal itself. The devil isn’t hiding in the details because there aren’t many there. He’s playing a bigger political game.
First, look at the deal that made all the headlines. On February 16, the North West Frontier Province (NWFP) government agreed with the local Swat Islamist leader Maulana Sufi Mohammad what was essentially a sharia-for-peace swap. The short text was all of two paragraphs in the original, as reported in the Urdu daily Roznama Express (Daily Express, below). The MEMRI Blog has the Urdu original (click here) and a translation that says they agreed that:
“…all non-Shari’a laws, i.e. those which are against the Koran and the Hadith, will stand ineffectual and cancelled, in other words, terminated …
“…Shariat-e-Muhammadi [Prophet Muhammad’s Shari’a] will be expediently implemented whose details are present in the books of Islamic jurisprudence and which is derived from four sources: Allah’s book [the Koran], Sunnat-e-Rasool [Prophet’s deeds], Ijma [Consensus], Qiyas [Reasoning]. No decision against it will be acceptable. In the event of revision, i.e. appeal, a house of justice, in other words a Shari’a court, will be created… whose decision will be final…
” …A sharia court system “will be implemented in totality with mutual consultation following the establishment of peace in the Malakand Division.”
The wording is so broad that it’s open to all sorts of interpretations. It was so vague that even the Pakistani media didn’t quote it much when reporting on the deal. After the overall fact of the deal itself, the news nugget here is the promise of a sharia appeals court for the area. A federal sharia appeals court already exists in Islamabad, so this seems to be more a practical local issue than a larger doctrinal one.
With that deal done, the government needs to issue a regulation establishing it in law. None has been signed so far, none has been published and journalists in Islamabad say none has been issued there. The Pashtun Post website has posted a text it describes as the proposed resolution, but it is actually a text drawn up last year when the NWFP government first considered reestablishing sharia in Swat. It’s a good bet that the final wording will be quite close to this long legal text, which basically sets out the composition of the more sharia-compliant courts to be established in the region.
Secularist slide in Pakistan as local Sharia courts proposed
One of the most interesting results in Pakistan’s general election last February was the victory of the secularist Awami National Party in the North West Frontier Province (NWFP) after six years of Islamist government in Peshawar. In a province where the Taliban and other Islamists had made heavy inroads, the vote for the ANP and the Pakistan People’s Party (PPP) seems to herald a turn toward some form of secularist democracy. “The greatest achievement of this transition to democracy is the rout of religious extremists who wanted to plunge Pakistan into anarchy,” Najam Sethi, editor of the Daily Times, wrote in his post-ballot analysis. “It is the rise of liberal democracy … that will help solve the problem of religious extremism in Pakistan.”
It’s only been three months, but the secularists seem to be backsliding already. According to Pakistani media, the ANP and PPP have agreed to allow qazi courts (known as qadi courts in Arabic ) to operate in Malakand, a rugged mountainous region in northern NWFP near Afghanistan. Qazi courts have a judge (qazi) who hears cases and quickly hands down decisions based on his interpretation of Sharia law. Although Malakand is officially a “settled area” where state and province laws apply, it also has tribes that often prefer their rough-and-ready Pashtun jirga system of justice run by tribal elders. By introducing qazi courts, critics say, the NWFP government will effectively cave to local Islamists, put an Islamic veneer over tribal justice and roll back the role of civilian justice. This does not sound like a turn towards some form of secularist democracy.
Since first reading about this on Ali Eteraz’s blog, I’ve seen that the secularists haven’t totally caved. The original proposal only allowed appeals to the Federal Sharia Court, but the latest version allows appeals in the Peshawar High Court and the Supreme Court in Islamabad. That’s an improvement, but it still gives the qazis considerable power.
The Daily Times called the qazi court proposal “a sop to the terrorism of the Taliban and TNSM” or Tehrik-e-Nafaz-e- Shariat-e-Mohammadi, an Islamist group trying to impost Sharia law in Swat. “The new qazi law is also not going to be accepted by the Taliban-TNSM combine. And once you get rid of terrorism, you don’t need qazis but a reform of the court system that the country makes use of outside the Malakand Division.”
One of the complaints about the way Pervez Musharraf dealt with Islamists was that he gave in to them too much. The return to democratic government was supposed to mean a return to the rule of civil law. Is the proposal for qazi courts, carefully packed in phrases about respect for local Islamic traditions, the sign the secularists are set to continue the Musharraf approach?
Islamist parties face drubbing in Pakistan vote
An important question in the Pakistani general election and provincial elections coming up on Feb. 18 is how the Islamist parties there will fare. These parties, which usually scored below 10 percent in the past, shot up to a total 17 percent of seats in the National Assembly at the last election in 2002. They also won power in North West Frontier Province (NWFP) and shared power in Baluchistan — the two provinces that border Afghanistan and have been most destabilised by the Taliban and Al Qaeda operating in the region.
Zeeshan Haider, senior correspondent in our Islamabad bureau, visited the NWFP capital Peshawar to gauge the voters’ mood. Here’s what he found :
Pakistani voters are expected to succeed where President Pervez Musharraf has failed, pushing back the Islamist tide and throwing out of power political clerics governing Pakistan’s violent northwest.
“God forbid, I will never vote for mullahs,” said Saif-ur-Rehman, a bearded stall owner in Qissa Khawani, a famous bazaar in Peshawar, before rushing for prayers at a mosque in the provincial capital of North West Frontier Province (NWFP).
Parliamentary and provincial assembly polls set for February 18 will take place against the backcloth of a Taliban and al Qaeda campaign to destabilize President Pervez Musharraf.
For all the revulsion over almost-weekly suicide attacks, conservative religious folk of the area have more immediate concerns, like lack of jobs, rising food prices, power outages and gas shortages that left them without heat over the winter.
The bureau also reports on a survey by the U.S.-based International Republican Institute showing that 75 percent of Pakistanis want Musharraf out. Another poll by the U.S.-based group Terror Free Tomorrow showed falling support for Osama bin Laden and al Qaeda. Comparing its latest findings to its previous nationwide survey in August 2007, it said:
In August, 46 percent of Pakistanis had a favorable opinion of Bin Laden — that’s down to 24 percent now, while al Qaeda has dropped from 33 to 18 percent, the Taliban from 38 percent to 19 percent, and other related radical Islamist groups from nearly half of the Pakistani public with a favorable view to less than a quarter today.
Here’s a Reuters factbox giving the essential details about the election and a report in the Karachi daily Dawn about the Terror Free Tomorrow survey.
Falling support for radical Islam doesn’t mean that Pakistan’s tense border regions are necessarily getting safer. On Saturday, a suicide bomber killed over 20 people at an election rally near Peshawar by the Awami National Party, a secular party for Pashtuns — the same ethnic group the Taliban comes from. Here’s our video report:
-
Resident FaithWorld Expert
-
Swat peace treaty is a good step taken by the apk government. Before the shariah people there used to get their heads cut off! there was no justice at all now atleast there is peace there.