Rethinking Islamism II

Misconceptions and fears about sharia.

One of the first, and foremost, fears about Islamism is that its aim is the imposition of sharia law. That in itself is open to question, and I will come to that in a later post. But the very concept of sharia has been so oversimplified by scaremongers that, in the popular imagination, it is inextricably linked with the punishments of beheading, flogging and amputation for crimes such as theft and adultery, and for which Saudi Arabia has long been notorious.

Regimes like that of the Taliban, who banned flared trousers and jailed beard-trimmers, reinforced this view, which is why when the Archbishop of Canterbury made a modest suggestion about whether aspects of sharia could or should be incorporated into British law he faced a hysterical reaction and calls to quit.

As is sadly so often the case, the nuances in the lecture Rowan Williams delivered at the Royal Courts of Justice in February 2008 failed to have any impact on those whose closed minds alit on the word "sharia" and decided he was talking nonsense yet again. In fact, Dr Williams addressed this point very early on when he quoted Tariq Ramadan's chapter on sharia in his book Western Muslims and the Future of Islam.

"In the west," writes Ramadan, currently professor of contemporary Islamic studies at Oxford, "the idea of sharia calls up all the darkest images of Islam . . . It has reached the extent that many Muslim intellectuals do not dare even to refer to the concept for fear of frightening people or arousing suspicion of all their work by the mere mention of the word."

The example of Saudi Arabia undoubtedly has much to do with this. Yet it is important to stress that to look at that country and then assume that its version of sharia is the only one, or the one to which Muslims all secretly aspire, would be akin to holding up a vision of Torquemada's Inquisition and concluding that this was what real Christianity was. It is unrepresentative and, many would argue, a perversion.

"Barbarism"

Equally important is that the punishments which cause the greatest outcry -- flogging, stoning, etc -- come under the hudud laws, which are implemented in Saudi Arabia and were introduced by General Zia ul-Haq in Pakistan in 1979, but are the exception, not the rule, in most Muslim countries.

They are, in fact, an embarrassment to the many Muslims who consider them barbaric. So when Ramadan called for a moratorium on corporal punishment, stoning and the death penalty in the Islamic world in 2005, some non-Muslims criticised him for not going further. Why didn't he say the hudud laws should just be discarded or repealed?

He explained this by pointing out that most of the authorities "are of the opinion that these penalties are on the whole Islamic [because of textual references] but that the conditions under which they should be implemented are nearly impossible to re-establish. These penalties, therefore, are 'almost never applicable'." He later declared that "Islam is being used to degrade and subjugate women and men in certain Muslim-majority societies in the midst of collusive silence and chaotic judicial opinions on the ground". The present-day use of hudud, therefore, is clearly a misuse of sharia.

But Ramadan provides further explanation for why the simplistic view of sharia is wrong. He has written of "the fundamental distinction that should be established between timeless principles" -- "sharia as a way towards justice", as he puts it -- "and contingent models". In other words, to reduce the whole of sharia to a detailed and specific set of laws, none of which leaves room for interpretation or reform, is, in his opinion, to miss the point.

"The concern should not be to dress as the Prophet dressed," he writes, "but to dress according to the principles (of decency, cleanliness, simplicity, aesthetics, and modesty) that underlay his choice of clothes . . . It really is a way, a way toward the ideal."

Many-splendoured

Cast in this manner, it becomes easier to understand why sharia varies enormously in the countries where it enjoys official status. For a surprisingly favourable account of what it's actually like to experience a sharia court, by a Times reporter, click here.

In Malaysia, to take another example, sharia is co-equal with civil law but is applied only to Muslims, and then mostly in matters concerning family law, marriage, inheritance and so on. Chinese restaurants are free to serve pork, alcohol is widely available, and women are not required to cover up. The former prime minister Dr Mahathir Mohamad insisted on this latter point when I interviewed him in Kuala Lumpur this year.

"My wife does not cover her head. She's accepted," he told me. "It does not determine whether you are Muslim or not."

This may not be the type of sharia that all Islamists would favour, but not only would it suit some, it actually operates in a way that goes beyond what other Islamists advocate (about which, more later). You don't have to go as far as the authors of this interesting article in last July's Foreign Policy magazine, "What Israel needs to know about sharia" -- they argue that understanding sharia is the key to a peaceful coexistence with Hamas -- to appreciate that Rowan Williams did not deserve the barrage of criticism to which he was subjected two years ago (the Sun even set up a "Bash the Bishop" game on its website). Dr Williams was merely indicating that he knew (as I'm sure Christopher Hitchens does, too) that sharia is a highly complex and varied concept.

There are plenty who will object to any legal system or way of life that has a religious basis, regardless of how it operates. But the one word that is, above all, associated with sharia, stressed by Ramadan in his writings, Mahathir in his interview with me, by Bernard Lewis in his latest book and by countless others, is "justice".

I think we can agree that it is not just Islamists who are in favour of that.

Sholto Byrnes is a Contributing Editor to the New Statesman
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Air pollution: 5 steps to vanquishing an invisible killer

A new report looks at the economics of air pollution. 

110, 150, 520... These chilling statistics are the number of deaths attributable to particulate air pollution for the cities of Southampton, Nottingham and Birmingham in 2010 respectively. Or how about 40,000 - that is the total number of UK deaths per year that are attributable the combined effects of particulate matter (PM2.5) and Nitrogen Oxides (NOx).

This situation sucks, to say the very least. But while there are no dramatic images to stir up action, these deaths are preventable and we know their cause. Road traffic is the worst culprit. Traffic is responsible for 80 per cent of NOx on high pollution roads, with diesel engines contributing the bulk of the problem.

Now a new report by ResPublica has compiled a list of ways that city councils around the UK can help. The report argues that: “The onus is on cities to create plans that can meet the health and economic challenge within a short time-frame, and identify what they need from national government to do so.”

This is a diplomatic way of saying that current government action on the subject does not go far enough – and that cities must help prod them into gear. That includes poking holes in the government’s proposed plans for new “Clean Air Zones”.

Here are just five of the ways the report suggests letting the light in and the pollution out:

1. Clean up the draft Clean Air Zones framework

Last October, the government set out its draft plans for new Clean Air Zones in the UK’s five most polluted cities, Birmingham, Derby, Leeds, Nottingham and Southampton (excluding London - where other plans are afoot). These zones will charge “polluting” vehicles to enter and can be implemented with varying levels of intensity, with three options that include cars and one that does not.

But the report argues that there is still too much potential for polluters to play dirty with the rules. Car-charging zones must be mandatory for all cities that breach the current EU standards, the report argues (not just the suggested five). Otherwise national operators who own fleets of vehicles could simply relocate outdated buses or taxis to places where they don’t have to pay.  

Different vehicles should fall under the same rules, the report added. Otherwise, taking your car rather than the bus could suddenly seem like the cost-saving option.

2. Vouchers to vouch-safe the project’s success

The government is exploring a scrappage scheme for diesel cars, to help get the worst and oldest polluting vehicles off the road. But as the report points out, blanket scrappage could simply put a whole load of new fossil-fuel cars on the road.

Instead, ResPublica suggests using the revenue from the Clean Air Zone charges, plus hiked vehicle registration fees, to create “Pollution Reduction Vouchers”.

Low-income households with older cars, that would be liable to charging, could then use the vouchers to help secure alternative transport, buy a new and compliant car, or retrofit their existing vehicle with new technology.

3. Extend Vehicle Excise Duty

Vehicle Excise Duty is currently only tiered by how much CO2 pollution a car creates for the first year. After that it becomes a flat rate for all cars under £40,000. The report suggests changing this so that the most polluting vehicles for CO2, NOx and PM2.5 continue to pay higher rates throughout their life span.

For ClientEarth CEO James Thornton, changes to vehicle excise duty are key to moving people onto cleaner modes of transport: “We need a network of clean air zones to keep the most polluting diesel vehicles from the most polluted parts of our towns and cities and incentives such as a targeted scrappage scheme and changes to vehicle excise duty to move people onto cleaner modes of transport.”

4. Repurposed car parks

You would think city bosses would want less cars in the centre of town. But while less cars is good news for oxygen-breathers, it is bad news for city budgets reliant on parking charges. But using car parks to tap into new revenue from property development and joint ventures could help cities reverse this thinking.

5. Prioritise public awareness

Charge zones can be understandably unpopular. In 2008, a referendum in Manchester defeated the idea of congestion charging. So a big effort is needed to raise public awareness of the health crisis our roads have caused. Metro mayors should outline pollution plans in their manifestos, the report suggests. And cities can take advantage of their existing assets. For example in London there are plans to use electronics in the Underground to update travellers on the air pollution levels.

***

Change is already in the air. Southampton has used money from the Local Sustainable Travel Fund to run a successful messaging campaign. And in 2011 Nottingham City Council became the first city to implement a Workplace Parking levy – a scheme which has raised £35.3m to help extend its tram system, upgrade the station and purchase electric buses.

But many more “air necessities” are needed before we can forget about pollution’s worry and its strife.  

 

India Bourke is an environment writer and editorial assistant at the New Statesman.