By DR. KHALID ALNOWAISER | ARAB NEWS
Fatwas and
danger to society
What is happening in our
country is terrifying. The rising incidence of fatwas (religious edicts) is
extremely frightening. Fatwas that demand the murder of persons who are alleged
to violate Islamic laws are extremely dangerous and destabilizing to a
tolerant, civilized society. These demands are frequently issued with no
thought or concern as to its breadth or the consequences to Saudi society and
the nation.
Like many others, I read
recently the fatwa posted on the official website of Sheikh Abdul Rahman bin
Nassir Al-Barrak. It said, “Certainly the one who permits mixing of men and
women — if it leads to prohibited relations — is in fact permitting prohibited
relations. Any one who approves them is a kafir (unbeliever). This means he is
an apostate and he should be tried for it and if he does not recant, must be
executed.” My topic of discussion is not the fatwa itself, although I feel
saddened that the debate triggered by the fatwa has focused more on the topic
of gender mixing and not on the more important topic of issuing a fatwa to kill
someone.
This is a topic that
calls for not only a thorough study but the immediate intervention of the
government. The state should stop such voices by all available means and not
turn a blind eye to any individual, whoever he may be, issuing a fatwa calling
for killing without being accountable for it in any manner. This is nothing
less than a call to the law of the jungle, not of a great nation and a system
in which law and order is based upon Shariah.
A question that comes up
is who gives to an individual, whatever may be his status in terms of his
erudition in Islamic theology and jurisprudence, the right to make killing
another person permissible and call people to take someone’s life and determine
his fate just because he holds a different view on certain matters. Is this not
an aggression and outrage against the great religion of Islam which calls for
tolerance, love and peace and shuns violence, murder and assassination? Is this
not a deviation from the state’s system of law and order? Does not this amount
to a total disregard for the country’s laws and all of its legal institutions?
Yes, there are issues in
which members of our society have differing views. Unfortunately, those who
represent themselves as official spokesmen of Islam are not promoting solutions
other than the language of violence, murder, intimidation and threats as they
respond to those individuals who have different opinions than their own.
Saudi Arabia has
suffered a great deal from the evil of terrorism and has paid a huge price for
it. We are still paying that price everyday in spite of the enormous efforts
the state’s security apparatus has been making. Nevertheless, anyone who claims
to have learned the Shariah and views himself as eligible to issue fatwas —
even if he is right in that claim — remains free to issue fatwas, one after the
other, neglecting the authority of the state, its establishments, and its
prestigious justice system. Issuing fatwas demanding that someone be killed is
itself terrorism, and it should be condemned because it strikes a blow at the
heart of peace in our society.
It is high time that
Saudi Arabia undertook not only the protection of its citizens from this
menace, abuse and confusion, but also preservation of its good reputation,
status and cultural image in the world. Otherwise, our silence on the matter
may be interpreted as an implied consent to such fatwas and thus to tarnish the
image of Saudi Arabia and its people throughout the world.
The government should
take the lead in regulating the issuing of fatwas so the only option available
to those who resort to issuing such fatwas when they find any one disagreeing
with their views should be our courts of law. And this should be done
immediately. Our system of justice and our courts should decide the punishment
to those persons who are wrong in their views. The courts should be the only
institution with the authority to make a decision in such matters.
Further, the system to
regulate the issuing of fatwas calling for murder and physical violence should
require that those who do so should be taken into custody and tried as
terrorists, because they are inciting people to kill, commit violence and crimes,
and create chaos and destruction. They should be punished not just as
terrorists are punished, but in a more severe manner because they are causing
greater damage to our society than the terrorists could ever hope for. If the
present situation is left as it is, its harm will not be limited to the lives
of the people and the violation of their rights.
It is shameful and
lamentable that our society is preoccupied with fatwas and issues such as
whether gender mixing and being alone with a woman should be allowed or not,
while the rest of the world is discussing major issues such as the far-reaching
effects of climate change, the role of genes in the treatment of incurable
diseases, and vast studies on man, animals, nature, environment and space. Is
this not a painful and sad situation? Can a society be expected to be healthy
and rational if these are the issues that concern its citizens and dominate
their thinking? Where is the opportunity for intellectual activities,
creativity, inventiveness and participation in nation-building under a
suffocating atmosphere that leaves no room for intelligence, knowledge and
inventiveness?
Lastly, history and
experience teach us that any changes, especially in a conservative society such
as ours, must come from the top down and not from the bottom up. It is
extremely dangerous for a civilized society to relegate these issues to
extrajudicial voices who create a climate favorable for extremism,
fundamentalism, and the ever more frequent issuing of fatwas that encourage violence.
I call on our government
to make the great and bold decisions for the advancement of our society,
preserving its essential character and dignity and protecting its people in
such a way that every person has the ability to think, express his opinions,
and move about freely and safely. The state’s bold decisions should also uproot
the Taleban style of thinking in our society, and make all citizens, including
those who call for violence, murder and destruction, realize that the Kingdom
is a nation of humanity, peace and love.
— Dr. Khalid Alnowaiser
is a Saudi lawyer and columnist. He can be reached at: khalid@lfkan.com
