Written evidence from Ehsan A. Siddiq (ISL0034)

The Bangladesh Context

Submission by

Ehsan A. Siddiq, Imran A. Siddiq and Mir Ahmad BinQuasem.[*]

1.              Introduction.

1.1              Bangladesh has a population of about 160 million. Around 90% are Muslims, 99% of whom adhere to the Sunni sect.  Although Bangladesh is a secular state (meaning the position of the State is equidistant from all religions) since 1988 the Bangladesh Constitution has described Islam as the state religion (Bangladesh Constitution, Article 2A). The inclusion of state religion in the Constitution was challenged by secular activists in a petition filed before the High Court Division of the Supreme Court in 1988, i.e. the very year the amendment was introduced. When the petition came up for hearing 28 years later in March, 2016, it was promptly rejected without hearing the petitioners' lawyers. Although the amendment was introduced by a military dictator during his final years in power in a "symbolic bid to win popular support while major political parties campaigned to oust him from power,"[1] the current ruling political party (often described as secular[2]) was keen not to excite the wrath of religious groups. The views of the Government were merely reflected by the judiciary (widely regarded as being subservient to the executive[3]) when it rejected the petition. It was a pragmatic decision by the ruling party, as it would otherwise have contributed to instability in its rule already been marred by allegations of a lack of legitimacy.[4] Political parties, whether or not they profess to be secular, realise the importance that Islam play in the lives and mind of the electorate in Bangladesh.

1.2              In this context, Islamist Political Parties (IPPs) have attracted a lot of support from the Bangladesh population.  The Bangladesh Jamaat-e-Islami (Jamaat) is the largest and strongest of the IPPs in Bangladesh.[5] It is also the oldest political party operating in Bangladesh. It was founded in British India in 1941 by Mawlana Abul Ala Mawdudi. Over time it has managed to gather a limited but loyal following.  Because of its crucial role in forming the governments of 1991 and 2001, it is seen by political scientists as "the 'kingmaker' of Bangladesh politics."[6] Although banned from politics from 1971-1975 (because of its opposition to the independence of Bangladesh in 1971), it carried on its political activities from 1976 as the Islamic Democratic League, as and thereafter since 1979 under its own name.  The re-emergence of Jamaat from a state of near annihilation during 1971-1975 has been described as an "enigma"[7].    However, given that religion plays an important part in the live of the electorate this is not surprising.                                                   

1.3              Apart from Jamaat, there are various other Islamic political parties functioning in Bangladesh (for e.g. Islami Oikko Jote and the Bangladesh Islami Andolon). However, these parties are generally built around the cult of a charismatic leader (e.g. Mufti Amini and Syed Fazlul Karim) and lack country wide support and a strong political network. The followers of Mufti Amini were drawn mainly from the Madrasahs operated by him. On the other Syed Fazlul Karim, presided over a shrine in Chormonai in southern Bangladesh and his support was drawn from his devotees who believe he had mystical powers. While such parties are not important players in the political sphere, their capacity to strike a chord with the ‘Islamic sentiment’ of the masses enables them to act as strong pressure groups in preserving the traditional (Islamic) character of Bangladesh society (e.g. their position against anti-Islamic blogs led to arrests of several bloggers by the authorities; mass protests in front of the National Mosque after Friday prayers in the week preceding the hearing of the constitutionality of the 8th Amendment widely perceived to have influenced the judiciary to refrain from striking down the state religion clause.). It should be clarified that none of these IPPs were alleged by the police to have been involved in the killing of the secularists/atheist bloggers, responsibility for which was assumed either by banned militant organisations such as the Ansarullah Bangla Team or by local wings of Al Qaeda and ISIS.

1.4              However, Jamaat is the only IPP in Bangladesh whose leaders have experience of government. In 2001-2006, two of its leaders were appointed as ministers and served in the Cabinet. It is because of the relative political success of Jamaat and the consequent repression and attack by secularists, that the position of political Islam in Bangladesh is considered in this submission by using Jamaat as its central focus. 

2.              Characteristics of Jamaat as an IPP.

              (a) Objectives

2.1              The main objective of Jamaat according to its party leaders is the establishment of Islamic social order through ethical, peaceful, constructive democratic and constitutional means[8]. According to its Election Manifesto of 2008[9], it goal was to establish an Islamic Welfare State and to resist all attempts and efforts designed against the country and against the principles of Quran and Sunnah.[10]  

2.2              Like most Islamist parties, Jamaat is not overly concerned with winning elections. Its Election Manifesto of 2001 stated that it is not merely a political party with the aim of ruling the country or ascending power.[11] From a 2010 leaked cable from the US Embassy in Dhaka, it transpired that one of the Assistant Secretaries-General of Jamaat informed Embassy officials after a particularly poor performance in the 2008 parliamentary elections, that the party "is not concerned with short-term gains like winning the next national election or increasing the number of seats in the national parliament. Rather, Jamaat's true aim is to make Bangladesh a genuinely Islamic country."[12]

              (b) Membership

2.2              Membership of Jamaat is open to all, but subject to stringent conditions. Aspirants to Jamaat membership are required under the party constitution to scrupulously perform the obligatory (Fard) tenets of Islam, to refrain from committing ‘grave’ sins and to avoid earning from Islamically prohibited sources of income. As the journalist, Frances Harrison notes in her report on Political Islam, “it's extremely difficult to work your way up the Jamaat membership hierarchy to become a full member or Rukun as it's called. It requires dedication, passing examinations on Islamic texts and observing a strict behaviour code that involves being chaperoned when with members of the opposite sex and sticking to a strict no-smoking policy. Recruits have to fill in a daily personal report card, recording how many times they prayed in the mosque, how much of the Quran they read, and they must undergo Chinese-style self-criticism sessions.”[13] Individuals considered by the Jamaat leadership to be worthy of membership are required to take a formal oath before being inducted as a party member. The party constitution is designed to allow only deeply pious and observant Muslims to be granted membership. However, individuals may associate themselves with the party as ‘supporters’ or ‘associate members’ where they do not meet the strict conditions stipulated for full Jamaat membership.

2.3              Although Jamaat is an IPP, people from other religions may obtain associate membership. Moreover, electorates with a substantial minority population have been known to vote for Jamaat candidates. The US Embassy in one of it leaked cables noted that villagers of a constituency with 35-40% Hindus returned a Jamaat candidate in the 2001 elections.  The cable observed that villagers listed the Jamaat candidate’s presence at Hindu festivals, his donations to support temples, and his willingness to have direct contact with the voters as reasons for his success. The cable concluded that Jamaat had “won this seat with a candidate focused on constituent demands, not on party ideology or opposition bashing. Parwar [i.e. the Jamaat candidate] has used a combination of media savvy, solid public relations skills, and a strong hand combating criminals to build up trust in an otherwise hostile environment for Jamaat.”[14]

2.4              However, the strict requirements for full membership means that only educated Muslims are capable and permitted to join the party. This elitist approach has been the reason for its poor performance in the political arena. “It adopted a top-down approach with little regard for those at the bottom, which Mawdudi [i.e. the founder of Jamaat] considered to be lacking in sufficient education to be good Muslims.”[15] Since Jamaat was to be a community of pious Muslims, the poor and uneducated were excluded as they were not proper Muslims.[16]

2.5              That further many educated are excluded from membership of the party because of their inability to adhere strictly to the prescriptions of religion. As such Jamaat has not been very good at attracting membership. Failure to attract membership is one of the reasons why IPPs such as Jamaat are slow to adapt and reform.

2.6              There are quite a few within the party that are of the opinion that Jamaat’s membership restrictions should be lifted. Many believe that membership should be open to all those who support and believe in the value upheld by Islam. Instead of demanding that its members strictly adhere to and observe the rituals of Islam, many members of Jamaat would like to see membership criteria which emphasise less on formal compliance with requirements of Islam. They want a party which capable of engaging with all members of a pluralistic society. However, such members referred to as ‘reformists’ are often sidelined by the party. In fact within Jamaat the term ‘reformist’ is used in a derogatory sense. The UK should try to engage with such ‘reformist’ elements within Islamist parties as such engagement may assist to bring about changes.

3.              Relationship between Jamaat and Democracy and the Rule of Law

(a)   Democracy

3.1              Jamaat believes that only government of the people elected through adult franchise can bring these reforms, gradually transforming Bangladesh into a prosperous welfare state.[17] Since 1976, Jamaat has participated in all free, fair and participatory elections. In 1991, it won 18 seats in parliament. In 1996 it won 3 seats, in 2001, 17 seats and in 2008 it won 2 seats. Two of its members served as Ministers in the government of 2001-2006. Jamaat has been described by political commentators as a "legitimate actor on the political scene."[18]”

              (B)              Jamaat’s respect for rule of law institutions.

3.2              Historically, Jamaat has shown its reliance on rule of law institutions.  In the 1960s when Jamaat was banned by the military dictator, East Pakistan Jamaat-e-Islami (now Bangladesh Jamaat-e-Islami) successfully challenged the ban both before the High Court and the Supreme Court of the Pakistan.  In the 1990s when the Bangladesh Government refused to grant citizenship to the Jamaat leader, Professor Ghulam Azam, he sought for his citizenship to be conferred upon him by the High Court Division. Professor Azam’s citizenship was granted by the High Court Division which was subsequently upheld by the highest court in the country, the Appellate Division.

3.3              In 2009, when an application was filed before the High Court Division to de-register Jamaat with the Election Commission as a political party, the party actively contested in the court proceedings. In 2013, Jamaat was finally de-registered by the High Court Division but it continued to rely on the judicial process by immediately appealing against the judgment before a higher forum. Although de-registration of Jamaat was a political inevitability, Jamaat has nevertheless shown its faith in the judicial process.

3.4              Jamaat’s reliance on rule of law institutions was also demonstrated when it actively participated in the war crimes trials, although the trials clearly fell short of international standards. The trials have been described as politically motivated and were heavily criticised by international organisations such as Human Rights Watch,[19] Amnesty International,[20] the Bar Human Rights Committee of England and Wales,[21] Geoffrey Robertson QC,[22] Lord Carlile QC,[23] and Desmond de Silva QC.[24]

3.5              Yet Jamaat chose to participate in the legal process, deciding to expose the flaws in the trial by contesting in the same. However, when the verdicts were announced despite the glaring flaws, protests and processions by Jamaat turned violent when the police imposed restrictions. Jamaat’s democratic credentials were somewhat marred by its participation in violent protests against the Tribunal’s verdicts. It was widely believed that such acts of violence were being carried out on the instructions of the party superiors.[25] But this was not necessarily true - the Chief Defence Counsel of Jamaat, also an Assistant secretary General of the party, is known to have made a public demand to party supporters, on the eve of the death sentence of Abdul Quader Mollah, to ‘express their grief in a peaceful manner.[26]

3.6              Despite the execution of Abdul Quader Mollah, Jamaat has continued to participate in the legal process. A total of 3 Jamaat leaders have been executed as of 28 April 2016.

4.              Relationship between Islamists and Secularist.       

4.1              The relationship between Islamists and secularists[27] in Bangladesh has generally been quite bitter. The print and electronic media in Bangladesh, which is almost exclusively controlled[28] by the secularists (most of whom were associated with either the pro-Peking or pro-Soviet Communist parties in their student days) have been put to its maximum use in popularising prejudices against religion and religious persons.[29] Secularists who claim monopoly of what constitutes ‘Bengali culture’ have often found it convenient to present Islam as being at odds with ‘Bengali culture’ thereby forcing people to choose one or the other.[30] Many secularists are at pains to show that common Islamic practices are in fact vestiges of an ‘Arab culture’ which can have no place in Bangladesh society.[31] Unsurprisingly, Jamaat which publicly calls for the establishment of an Islamic Welfare State, have been subjected to vitriolic attacks by secularists. Such attacks may be explained by the party’s continuing influence in the political sphere,[32] but Jamaat has also proved to be an easy target because of its anti-liberation role in 1971[33], for which it is yet to apologise. Secularists have actively campaigned against Jamaat, calling for it to be banned, and all institutions associated with Jamaat to be nationalised. They have enthusiastically expressed their support for the war crimes trials, despite its obvious flaws, often volunteering as Prosecution witnesses. Many secularists, while expressing their disapproval for the death penalty, have publicly stated that an exception to the rule against death penalty needs to be made for war crimes. The trials provided the secularists with the perfect opportunity to eliminate the Jamaat leadership and thereby blunt the leading Islamic political party’s influence in the public sphere.[34]  

4.2              Despite the continued assaults against religion by secularists, the role of Islam in Bangladesh society and politics cannot be ignored. If anything, there has been a revival of Islamic practices in society, as manifested by the increasing number of women who wear the Hijab in their workplace and the high attendance of mosques by the Bangladesh youth. Virulent attacks on religion and Islamic practices have not gone done well with the majority of the Bangladesh population.[35] During the height of the Shahbag Movement[36] when a local newspaper in the vernacular published contents of various ‘anti-Islam’ blogs of one the organisers of the movement, Bangladesh’s most well known blogger and spokesperson for the movement, Imran H Sarker was forced to appear on TV and proclaim that he was a ‘practising Muslim from a respected Muslim family.’ Despite, the proclamation from Mr. Sarker, the association of the movement with anti-Islamic comments led to a sharp decline in popularity and support for the movement.

4.3              Social media has played a very important role in the resurgence of Islamic practices. The country’s urban youth have been largely unmoved by fiery sermons of traditional unsophisticated mullahs; they have however responded to messages of peace, tolerance and moderation in Islam, widely available on the Internet. Many of the problems faced by the educated Bangladesh youth regarding the perceived and actual role of Islam in society are similar to those faced by Muslims in non-Muslim countries. Urban western educated youth in Bangladesh presented with conflicts between ‘Islam’ and ‘modernity’ have been impressed by a modernist and contextual interpretation of Islam by Western Islamic scholars emphasising on accommodation and common values and campaigning for greater integration and equal citizenship of Muslims in the West.

4.4              However, the adverse impact of social media in promoting fundamentalism and militancy cannot also be ignored. Proponents of a militant brand of Islam have sought to use the social media to propagate their ideas, which too have an audience in Bangladesh. In this regard, it should be noted that the youth in Bangladesh as elsewhere are particularly vulnerable to images of a ‘glorious Islamic revolution’ and ‘a pan Islamic Caliphate’ marketed through the Internet.

5.              Future of Jamaat and political Islam in Bangladesh

5.1               Jamaat finds itself at the cross road in Bangladesh politics. Executions of its top leaders have thrown the party into disarray. Disaffection runs through the party’s rank and file, who are increasingly frustrated with the party’s lack of vision. Divisions between ‘pro-reform’ and ‘anti-reform’ elements within Jamaat are a matter of public knowledge, although a taboo topic within Jamaat circles.

5.2              While it is difficult to predict the path likely to be pursued by Jamaat leadership in the coming years, it can be said with a reasonable degree of certainty that if it were to make a return to mainstream politics, it needs to retreat. It needs to engage in a process of introspection. It needs to ‘go back to the drawing board’. Its visions and goals needs to refashioned to meet the demands of the 21st century. Its literature, authored largely by its founder Moulana Moududi in the 1950s and 1960s needs to be revisited. It has to explain its position on the role of women and minorities in society. It has to address the question of implementation of the Hadd penalty. It has to clarify its position in the 1971 War of Liberation. It has to either apologise for its anti-liberation role or reconsider its role in Bangladesh politics. These are some of the many challenges that are facing Jamaat today. It will take a bold and determined leadership to navigate these challenges and steer the party back to mainstream politics.

5.3              While the future of Jamaat remains uncertain, it is quite clear that the revival of Islamic practices in society (see paragraph 4.2 above) will inevitably lead to a greater manifestation of Islam in the political sphere.  The nature of political Islam that will emerge in Bangladesh in the coming years will depend to a large extent on one’s understanding of Islam, its basic tenets, its values, its role in society. An individual inspired by the sermons of radical Islamists such as Ayman Al Zawahiri is likely to be driven towards militant Islamic parties. On the contrary, a person who is influenced by the speeches of Islamic scholars such as Rashid Al Ghanouchi, Hasan Turabi, Fetullah Gulen and Tariq Ramadan is likely to advocate a brand of political Islam which emphasises on democratic values, toleration, moderation and mutual respect. The imminent battle is between conflicting ideologies within Islam.

6.              Relation of Islamists and Extremists.

6.1              Most Islamist parties, including the largest Islamist party in Bangladesh intend to come to power and bring about social changes through the ballot box.  However, in the wake of attacks by terrorists and the anti-western messages of extremist organisations, the West has not always distinguished between genuine IPPs (which believe in change through democratic means and belief in the rule of law) and extremist organisations. Secularists and political opponents of Jamaat have taken advantage of this failure by the West to so distinguish. In Bangladesh, every act of terrorism is blamed even before the investigation starts on the opposition – i.e. the Bangladesh Nationalist Party (BNP) and Jamaat. When the two LGBT activists were killed on 26 April 2016, the Prime Minister was quick to blame BNP and Jamaat, although responsibility for the killings has been assumed by Al Qaeda in Indian Sub-Continent.[37] The secularists are keen to blame Jamaat for acts of terrorism, as they believe that the West is unable to see the difference between extremists and democratic IPPs and hope to ingratiate themselves with the West.

6.2              Most extremist organisations tend to be “anti-Western”. However, Jamaat has been described as being “not as overtly anti-Western.[38] Further, “[m]any of its students and leaders have been educated in Britain or have ties to the country, which has a large Bangladeshi  diaspora  population.  There are passing  references  to  Muslims  under  attack  in Afghanistan, Palestine, Kashmir and Iraq but they are not common.”[39]

6.3              However, it should be added that a lot of disgruntled members of Jamaat, who do leave Jamaat, because it is a moderate IPP to join extremist organisations. However, no existing member of IPPs (which believe in the democratic process) have been engaged in acts of violence. The UK should therefore be circumspect not hold accountable democratic IPPs for the actions of extremists.

7.              The extent to which the UK understands and effectively engages with states or movements which might be described as espousing or having espoused “political Islam”                                                                                                             

7.1              The UK government should actively search and engage with the reformist elements within the Political Islam movement. Political Islam is going through massive changes all over the world. There is already a lot of introspection within party members of Jamaat. If the UK government intends to be a part of this change/reform within Political Islam in Bangladesh and have a say in the reform, it should engage with reformists within the party. The UK needs to engage with the reformist leadership in order to familiarise itself with ideas of remodelling and refashioning party goals and objectives to suit the demands of the 21st century. Programmes should be arranged to discuss common values and the extent to which an alliance may be forged between the UK government and key actors within Political Islam in Bangladesh to advocate messages of peace, tolerance and moderation.

7.2              More importantly, the UK government needs to understand the importance of developing organisations in Bangladesh who are involved in propagating a vision of Islam which emphasises on democracy and peaceful co-existence. In the current political climate in Bangladesh, it is difficult to establish any such organisations (as it risks being clamped down by the State agencies), however, setting up such organisations is essential to combat the militant ideas spread by clandestine fundamentalist groups. Open debate is the best way to spread the tolerant and peaceful message of Islam.                                                                                                                                                                                                            

7.3              Principles that should be followed by the UK government: engage with and promote elements within Bangladesh society who not only advocate ‘peaceful’ Political Islam, but also emphasise on the aspects of Islamic teaching which focus on improving human rights record, fighting against discrimination against women and minority groups, building democratic and rule of law institutions. Emphasis should be on the values that bind us together and not the ones that divide us. Lecture Series/Seminars/Conferences etc. should be arranged. Potentially vulnerable groups – such as university students should be the target audience. Engaging with masjid Imams is also important. To ensure the success of these measures, the Bangladesh Government should also be brought into the picture – if Bangladesh government can be persuaded regarding the importance of propagating the message of toleration and accommodation within Islam (as a means of combating radical Islam), this will render the endeavours more productive. Islam is a reality in Bangladesh society: the question is which brand of Islam?

7.4              There are however some ‘no go areas’ which should be heeded by the UK government. For instance some foreign governments/NGOs are very active in funding projects advocating a Uniform Family Code for instance by abolishing Muslim Personal Law. This will not go down well with the majority of Bangladesh Muslims as this will invariably be treated as an attack against Islam. Actions which may be construed as an attack on Islamic values are likely to be strongly resisted, and hence counter-productive. It will also be seen as an attack on the pluralistic values enshrined in the Bangladesh Constitution. In any case, whether or not Muslim/Hindu personal law should be abolished should be left to Parliament to determine.

April 2016