The Darkening Of 'Enlightened Moderation'

resident Pervez Musharraf's policy of proclaimed'enlightened moderation' has come under attack, this past week, both from withinand, more ominously, from without. Investigations into the 7/7 London bombingsappear to be driving to the conclusion that the terrorists were all of Pakistaniorigin and also that they had links to the extremist and terroristinfrastructure in that country.

Under visible international pressure, the General ordered a countrywidecrackdown on July 15, 2005, after he told Pakistan's top police officersgathered in Rawalpindi that they should act against the collection of donations,display of arms, and holding of gatherings by banned groups, and not allowbanned militant organisations to re-surface using any other name. He ordered thepolice, further, to "enforce an end to publication and distribution of hatematerial, including pamphlets, booklets, CDs etc., and writers, publishers anddistributors of all such literature must be held accountable in accordance withthe law. You must ensure that such material is not available in markets latestby December, this year." Pakistan, he claimed, stands at a cross-roads inits history and there is an urgent need to address extremism existing on thefringes of its society.

t the same time, internal evidence mounted regarding thecontinued activities of Islamist extremists, and the gradual consolidation ofmany areas, including the North West Frontier Province (NWFP), as staging postsfor the Afghan, Kashmiri and global jehad. The NWFP, which has continuouslyserved as a base for the Taliban after Operation Enduring Freedom, has nowemerged as a crucial staging post for the jehad in Jammu and Kashmir. Newevidence to this effect came to light when the Karachi-based Heraldreported in its latest issue that one of Pakistan's oldest training camps atMansehra in the province is bustling with activity after a year-long closure, asold and new cadres converged on it to resume their training.

According to a top manager of the training camp in Mansehra, all the majororganisations, including Hizb-ul-Mujahideen (HM), Al-Badr Mujahideen,Harkat-ul-Mujahideen (HuM) and others, began regrouping in April 2005,renovating training facilities that were deserted in 2004. The magazine, in itscover story, says at least 13 major camps in the Mansehra region were revivedduring the first week of May 2005. These are located in the areas of Pano Dheri,Jallo, Sufaida, Oghi, Khewari, Jabba, Batrasi, Naradoga, Akherilla, Hisari, Boi,Tanglaee and Achherian. Further, intelligence sources in Delhi had disclosed (asof January 2005) that apart from the Shah Ismail Shaheed and Shewatian camps,there were nine other camps in NWFP: Haripur, Oghi, Bakrial, Garhi Habibullah,Shinkiari, Batrasi, Jangal Mangal, Bhoi and Balakot, hosting at least 1620cadres.

ompounding the situation further is a new legislationthat seeks to 'Talibanize' governance in the province. On July 14, the MuttahidaMajlis-e-Amal (MMA), the ruling six-party Islamist alliance, passed theNorth-West Frontier Province Hisba Act, 2005 in its Assembly by a 68-43 vote.The Hisba (Accountability) Act, which will come into force only after theGovernor signs it, will establish a new department to "discourage vice andencourage virtue," and will set up a new office akin to that of anombudsman which is to be headed by a cleric called Mohtasib (one whoholds others accountable) whose main function would be to "protect/watchthe Islamic values and etiquettes at the provincial level."

According to the Hisba Act, the Mohtasib shall, on a written complaint ofany person, or on reference from the High Court, the Supreme Court or theProvincial Assembly, or suo moto, have the power to (among others):

• Enquire into the allegations of mal-administration against any Agency or its employees; provided that no Government servant, during his service, shall be entitled, in relation to affairs of his employment; to lodge a complaint with the Mohtasib;
  
  
• Protect/watch the Islamic values and etiquettes at the provincial level; · Watch the media established by Government or working under the administrative control of Government to ensure that its publications are useful to the propose of upholding Islamic values;
  
  
• Forbid persons, Agencies and authorities working under the administrative control of Government to act against shariah and to guide them to good governance;
  
  
• Formulate such directives and principles which may help in making the conduct of authorities working under this section to be effective and purposeful;
  
  
• Extend help to the provincial administration in discharging its functions smoothly and effectively; provided that the Mohtasib shall not interfere in any matter which is sub-judice before a court of competent jurisdiction or which relates to external affairs of Pakistan or the relations or dealings of Pakistan with any foreign State or Government or relates to or is connected with the defence of Pakistan or any part thereof, the Military, Naval and Air Forces of Pakistan or the matters covered by laws relating to these forces;

While it is clear that the Act sets out to legitimise the MMA's agenda ofradical Islam, what has astounded the critics is the extent of powers that mayaccrue to the Mohtasib, something that prompted the poet Kishwar Naheed to say,"This is more than the Taliban." The Mohtasib shall havethe same powers as are vested in a Civil Court under the Code of CivilProcedure, 1908 (V of 1908), in respect of the following matters, namely:

• Summoning and enforcing the attendance of parties and examining him on oath;
  
  
• Compelling the production of documents; and
• Receiving evidence on affidavits.

But the Act goes much further. Under 'Special powers', the Mohtasibshall also have, among others, the following responsibilities:

• To monitor adherence of moral values of Islam at public places;
  
  
• To discourage Tabdhir or extravagance, particularly at the time of marriages and other family functions.
  
  
• To follow the code of Islam in giving dowry;
• To discourage beggary;
• To monitor adherence to Islamic values and their respect and regard at the times of Iftar (Breaking the Fast) and Taravih (special prayers performed during the month of Ramadan);
  
  
• To discourage entertainment shows and business transactions at the times of Eideen and Jumm'ah prayers around mosques where such prayers are being held;
  
  
• To remove causes of dereliction in performance and proper arrangement of Eideen and Jumu'ah prayers;
• To observe decorum of Islam at the times of Azan and Fard prayers;
  
  
• To discourage un-Islamic and inhuman customs;
• To check the tendency of indecent behaviour at public places including harassment of females;
  
  
• To advise those who are found to be disobedient to their parents; and
  
  
• To mediate amongst parties and tribes in matters pertaining to murders, attempts to murder and similar other crimes threatening to law and order situation.

A Mohtasib is to be provided with the "requisite policeforce" called Hisba Police for enforcement. The Hisba Act, akin to theTaliban's moral policing, is also an attempt to form a parallel judicial system.Ironically, the Hisba force, in acting as the Inquisition-like 'chiefprosecutor', is itself not accountable to anyone, since "no court orauthority shall be competent to question the legal status of the proceedingsbefore a Mohtasib." According to the Act, "No court orauthority shall have the power to pass any injunction or any interim or a stayorder with regard to any matter under consideration of the Mohtasib"and only the Chief Minister can hear an appeal against his recommendations. The Mohtasib'soffice, which would only duplicate administration, is estimated to cost PakistanRupees (PKR) 10 billion annually, while the total provincial development fund isPKR 40 billion.

he MMA intends, through this institution, to influence inits favour the local level elections scheduled for August-September 2005. Thealliance has moreover, time and again, declared that it would stop at nothing tobring 'real Islam' to the province. Incidentally, after passage of the law,religious scholars throughout the Province reportedly took oath from theirfollowers in the Friday congregations to "render every sacrifice for theenforcement of Islamic system in the province." Prayer leaders throughoutthe Province prayed for the success of MMA and the Hisba institution,reiterating their commitment to face the opponents of the Hisba Bill at everyforum, including the courts, parliaments as well as among the people. And at thefamed Mohabat Khan Mosque in Peshawar, the NWFP Minister for Finance, Planningand Development, Sirajul Haq, declared ominously: "We will not bow in frontof any one on the earth except God Almighty. We will not make any compromise onIslam and Shariah at any cost… We will make more such legislations toenforce Islamic system. The Hisba's opponents want to confine Islam only tomosques like those of Christianity but it could not be. (The) Quran directs usto enter into Islam completely. Instead of confining it in mosques, it wouldhave to control our business, politics and every aspect of our life."

Arguing that it is a violation of the Constitution of Pakistan, Islamabad hasmoved the Supreme Court under Article 186 of the Constitution. Earlier, onAugust 12-13, 2004, the Council of Islamic Ideology (CII) had declared the HisbaBill to be in violation of the Constitution as it clashed with Article 175 [3],which concerns the independence of the judiciary. Further, the CII had observed:"Creation of the Hisba institution, instead of achieving the objectives ofShariah, will make the injunctions of the Quran and the Sunnah controversial andwill open the gates of conflict."

The Act, however, may not come into force if Governor Khalil-ur-Rahman does notsign the law, which he says is a "fascist idea. " While there is at acertain level an Islamabad-MMA discord, General Musharraf is aware that,'enlightened moderation' notwithstanding, it would be difficult to undo lawsthat are brought into being in the name of Islam.

xtremist and terrorist actors have, for long, securedphysical space to operate within Pakistan, and it is the ideology of Islamistextremism - partially reflected in parties such as the MMA and in politicalinitiatives such as the Hisba Act, but which also generally pervades thefounding ideas and political culture of Pakistan - that makes this possible. TheWest is only now beginning to recognize the pivotal role of the "evilideology" that British Prime Minister Tony Blair now blames for the 7/7attacks in London. Blair also recognized the "battle for hearts andminds" that underlay terrorist acts and our responses to these.Regrettably, this recognition is still to produce a significant strategy ofresponse in the global war on terror. On the other hand, it has been the core ofthe Islamist extremist approach, which lays immense emphasis on a future guidedessentially by ideological motivators, and has created an enormous institutionaland political infrastructure for the propagation and promotion of the ideologyof Islamic extremism. And it is precisely this insidious ideology, "abelief, one whose fanaticism is such it can't be moderated", and its vastapparatus of support within state and non-state entities in Pakistan, that drawspeople like the 22-year old Shahzad Tanweer, one of the London bombers, andthousands of others, to the madrassas, the marakiz and thetraining camps of Pakistan.

Kanchan Lakshman is Research Fellow, Institute for Conflict Management;Assistant Editor, Faultlines: Writings on Conflict & Resolution. Courtesy,the South Asia Intelligence Review of the South Asia Terrorism Portal