Islam and International Law

Religion, Law and State

In his Friday Sermon of 08 November 2019~ 10 Rabi’ul Awwal 1441 AH, Imam- Jamaat Ul Sahih Al Islam Hadhrat Khalifatullah Munir Ahmad Azim Saheb (atba) of Mauritius spoke about the significance of law in upholding the dignity of the individual as well as in sustaining the global order for the collective progress of human kind. Hadhrat Khalifatullah (atba) identifies the distinctive contribution of Islamic values to the development of International Law in this context. 

It is instructive to note that while modern international law was for long considered to be a product of Western, Christian civilization and generally traces its origins to the legal problems that emerged in the context of the European imperial conquests (of South America in the 16th century and Asia and Africa in the subsequent centuries); there is increasing recognition in the academic literature now regarding the  profound debt the discipline owes- in shaping the contours of the subject- to the seminal writings and juristic interpretations of Hazrat Imam Muhammad Al Shaybani (ra), the great disciple of the great Muhaddith Hazrat Imam Abu Hanifa (ra), almost eight centuries before European scholars like Hugo Grotius- the 'father' of international law- began to engage with, and write about, the discipline.   

International Law as it stands today may broadly be defined as an ensemble of normative rules and diplomatic practices that guide actor-expectations in the world of international relations. And the actors on the global scene include, besides the States, international organizations, a host of official governance networks; multinational corporations, indigenous communities and the civil society organizations campaigning on reforming the systems of global governance. Despite the dynamic nature of the actor-interactions as well as the development of global rules in specific areas; the foundational values of International Law remain the same: sovereign equality and peaceful co-existence of States; the sanctity of covenants and the bindingness of legal obligations; the obligation of the Parties to act in good faith; respect for the symbols and signs of sovereignty of States, including the privileges of ambassadors and State agents; respect for diversity of community traditions and practices, etc.  Hadhrat Saheb (atba) illustrates these points with reference to Qur'anic verses and Prophetic practices, as it is the task of the true believers in this era to shun hypocrisy and work to create a just world under Islam. 

Read the Friday Sermon Below: 

Mauritius Elections and the Muslims-II

The PM and the Politics of 'Development' 

Mr. the Prime Minister (of Mauritius- Mr. Pravind Jugnauth) said that there are (all-round, economic) development in the four corners of the island. These words are not true, Mr. Prime Minister! Say instead that there are continual development in some specific places only. We quote a single example that is obvious and that all Mauritius is witnessing. This is the Prime Minister’s constituency. All ministries are mobilized to please him.

The Prime Minister is preparing himself [he is preparing the ground] for the next elections. But if only he had made similar developments for other constituencies like those he did for his constituency! But unfortunately the mandate of this regime is coming to an end and the Muslim community has been forgotten.

Bring a single piece of evidence to show what development has occurred in the various places where the minorities, including the Muslim community reside. We do not ask you to bring the Metro Express to our door [in our place] as you promised the people of Saint-Pierre, but at least give our youth healthy leisure so that they do not fall into the hell of drugs and other plagues. But again the minorities must be blind to vote again for the parties that boycotted development in these places. After all, who will raise his voice in a council of ministers where the Muslim community is under-represented and where there is no one to raise his voice in its favour? Our patience, Insha-Allah, will bear fruit.

Mauritius: Politics and the Muslim

Political theory privileges democratic form of governance. A democracy works on the edifice of rule of law coupled with constitutional checks and balances and effectively functioning public institutions, manned by people who do their duties without fear or favour. Periodic elections ensure people's participation in the governance process in a democracy, nudging the rulers to listen to the aspirations and will of the people; formulate accomodative and  inclusive policies that adjust or settle diverging interests and specific claims of several communities and social groups inhabiting the land. In a progressive democracy, the interests and rights of all peoples/ social communities- including ethnic, racial, religious and linguistic minorities- find political accommodation and social recognition within the framework of national law and policy. 

It is against this ideal of a multicultural and multi-ethnic society reflecting the diversity of its peoples and respecting the equal rights of all communities that we can examine the lived reality of our nation-States. In his Friday Sermon of 25 October 2019~ 26 Safar 1441 AH, Imam- Jamaat Ul Sahih Al Islam Hadhrat Muhyi-ud-Din Al Khalifatullah Munir Ahmad Azim Saheb (atba) takes a closer look at the state of national politics in his home country, Mauritius, at a time when the Island-nation is gearing up for the general elections in the coming week. As responsible citizens, it is the duty of everyone to participate in the electoral process to ensure that good and just representatives are elected to  serve the larger cause of the nation and the people, reminds Hadhrat Khalifatullah (atba). 

The forthcoming elections are also a time for  soul- searching for the Muslim community of Mauritius. Representation in all levels of government, including the civil services, is critical for ensuring that the legitimate interests and rights of the community are not overlooked. However, in the absence of prudential interventions to protect its identity, the minority community continues to see erosion of its political space and identity-related group rights, including the right to exercise its religious freedoms under the Shariah. 

Setting the agenda for discussion, Hadhrat Khalifatullah (atba) highlights a number of social justice issues that need urgent political attention at this point of time. In a cultural environment where every community's sacred festivals are acknowledged and celebrated, it is scandalous that the country does not observe Eid-ul-Adha Holiday, the biggest festival day of the Muslims. One can only agree that the situation does indicate an appalling neglect and cultural insensitivity towards a minority community. Likewise, Hadhrat Khalifatullah (atba) also calls attention to the anomalous situation created by the virtual abandonment of Muslim Personal Law in the country, especially for the Mauritian women- those of them who are in religious marriages are deprived of the legal sanctity of a civil marriage. 

Elections 2019: Whither Mauritius?

On the Forthcoming General Elections

As you know, Sunday, 06 October 2019, the Prime Minister Pravind Jugnauth announced as a Breaking News the dissolution of the parliament and fixed the date of the general elections on 07 November 2019. He made this announcement after he made the launch of the Metro Express on Thursday, 03 October 2019 which was funded by the Government of India, and after a live speech from India by Prime Minister Narendra Modi. It is right after the launch that Pravind Jugnauth - according to the instructions from his Gurus and counsellors - without thinking, on Sunday the 06 October 2019 in the afternoon made this announcement. By doing so, he applied his authority with such arrogance and announced the political registration for 3 days: Wednesday, 09 October to Friday, 11 October, and the Nomination Day on 22 October, and he fixed the date of the general elections on Thursday, 07 November 2019. He had plenty of time to announce the general election until March or April of next year.

He ignored dates such as 01 and 02 November which are public holidays, as well as the 03 November that falls on a Sunday, but instead, he chooses another day [in the middle of the week]. A panic and great fear took hold of him, lest he loses in the upcoming election, thus losing this power, especially with so many scandals in his government. So, on 06 October he announced the elections for the 7^th day of November. He only gave a delay of one month to hold the general elections. He does not give the other political parties time to prepare themselves properly. It is true that after five years (2014-2019) the National Assembly must be dissolved by the end of December 2019. I do not want to go into details on this subject, but what is deplorable is that the date chosen for the elections falls on a Thursday where there are exams that will take place on that day for the School Certificate (SC) and Higher School Certificate (HSC) students. So, on 06 October, the day of the announcement, the Election Commission officials had to find alternative places so as not to disturb the conduct of these examinations.

So, out of 9,41,719 voters, 104,903 voters will have to vote on 07 November in a different place from where they are used to. These are tactics that he [the current Prime Minister] is using so that young students of the SC and HSC do not have time to think about which political party they are going to vote for because they have to focus on their final exams which are very important.

Students who have exams scheduled will be very worried on election day where there will be a lot of traffic jams and so they may be late in their exam rooms. The vagueness persists a lot on this case. Young students of voting age show their disagreement and anger and say that the government has not thought about all this and then everyone will not have the chance to vote and that’s a shame.

In addition, traffic jams will certainly affect the candidates [students]. All of this will have a negative effect on their schedule. Other candidates say that it is a bad choice to hold the elections the same day as the exams, because the votes of the young people are very important.

For me (the Khalifatullah) the right to vote is to have the future of Mauritius in hand so that it does not fall into wrong hands. So all voters must make good choices, without the slightest trace of communalism. They have to go to the polls, they have to fulfill their civic right to elect people who are honest, and who are not corrupt and who are respectable, so as to have a better future, a better Mauritius, a clean Mauritius for our future generations.