Lahore University of Management Sciences

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1 SALT Liberalism and Islamism in Pakistan: Learning to Communicate Across The Divide Spring 2018 Instructor Tabinda M. Khan Room No. 237A, Academic Block, Gurmani Center Office Hours TBD tabinda.khan@lums.edu.pk Telephone 5368 Secretary/TA TA Office Hours Course URL (if any) Course Basics Credit Hours 4 Lecture(s) 2/week Duration 110 min Recitation/Lab (per Duration week) Tutorial (per week) Duration COURSE DESCRIPTION In this course, we will study why Pakistani liberals and Islamists find it so difficult to communicate with one another. In a robust democracy, citizens are given reasons for why they must obey laws reasons that they can accept from the perspective of their moral tradition. But what happens when citizens reason from different moral frameworks? How can they have a meaningful discussion and decide on a course of action? Are they destined to talk past one another and stay locked in a zero-sum conflict? We will begin our discussion with an overview of the contemporary conflict in Pakistan, looking at the face-off between liberals and Islamists on reforms of the Hudood Ordinances. We will then travel back in time to pre-colonial India, where shari a was part of the legal arrangements of the Mughal Empire, and will try to understand its basic principles, as well as how it was historically embodied in diverse and pluralistic societies. Then, we will trace how British conquest, print technology, and secularization of law and education changed shari a scholarship, madrassas, and the relationship between the Muslim ruling elite and the ulama, as well as between the ulama and the public sphere. After this, we explore the Muslim League s complex relationship to the Deobandi ulama, its alternation between secular and religious rhetoric, and its use of Islamic institutions to mobilize support. Finally, we analyze how this conflict played out in different periods of Pakistan s history: the early constitutional struggle in the 1950s, the heyday of state modernism in the 1950s and 1960s, the 1974 constitutional amendment on the status of Ahmadis, Zia s alliance with the Deobandi ulama and Jamaat in the 1980s, and the liberal opposition to Zia reforms from the 1990s until today. This course is not a theological exposition of shari a or an in-depth examination of liberal theory. It does not seek to prove that one side is right and the other is wrong. It is an attempt to understand with empathy, sensitivity, and compassion why people who have self-identified as liberals or Islamists (or the Islam-pasand) in Pakistan have found it so difficult to co-exist (and how their division has been manipulated by authoritarian rulers over the years). It will also identify

2 institutions in Pakistan, such as the judiciary since the 1980s, which have fared better in communicating across the divide, and whose practices can serve as a lesson for rights activists who would like to reform state Islamic laws. COURSE PREREQUISITE(S) COURSE OBJECTIVES Understand the basic contours of how the Deobandi ulama and Jamaat leaders think about Islam Understand the difference between western liberal theories that posit individuals vs. ways of life as the units of analysis (Rawls vs. John Gray) Understand the type of liberalism that has been embodied in UN institutions and by the Pakistani rights movement, and why it has had trouble spreading roots in the country Learning Outcomes Ability to critique the idea that reason is a universal category and to understand that it takes shape within traditions of discourse Ability to understand the problem with projecting contemporary meanings onto history and to develop the habit of analyzing terms like shari a, the state, sovereignty, the ulama, Islamism, liberalism within specific historical and institutional contexts Ability to identify the key Islamic & liberal elements of the Pakistani constitution and state Grading Breakup and Policy Assignment(s): Home Work: Quiz(s): 15% Class Participation: 10% Attendance: Midterm Examination: 25% Project/Viva Voce: 25% Final Examination: 25% Examination Detail

3 Midterm Exam Yes/No: Yes Combine Separate: Duration: 1.5 hours Preferred Date: 12 th session Exam Specifications: Final Exam Yes/No: Yes Combine Separate: Duration: 1.5 hours Exam Specifications: COURSE OVERVIEW Week/ Lecture/ Module Topics 1 The Contemporary Liberal-Islamist Conflict in Pakistan Recommended Readings GEO debate on Hudood Ordinances between Asma Jehangir and Raheela Qazi GEO debate on Hudood Ordinances between modern-educated scholars and the ulama Musharraf s speech to the Council of Islamic Ideology, Obj ecti ves / App lica tion 2 Mapping Liberalism(s) Gray, John, Two Faces of Liberalism (New York: The New Press, 2002), Selections. Excerpt from Rawls, Political Liberalism. Mutua, Makau W., Savages: Victims, and Saviors: The Metaphor of Human Rights, Harvard International Law Journal, Vol. 42, No. 1, pp , Excerpt from Posner, Eric, The Twilight of Human Rights Law (New York: OUP, 2014). 3 Historicizing Shari a Hallaq, Wael, What is Shari a?, Yearbook of Islamic and Middle Eastern Law, Vol. 12, , pp The Schools of Islamic Law, Outlines of Islamic Jurisprudence, History of Islamic Law in Imran Ahsan Khan Nyazee, Outlines of Islamic Jurisprudence (Islamabad: ALSI, 1998), Ijma, Outlines of Islamic Jurisprudence,

4 Ijtihad, Principles of Islamic Jurisprudence, Historicizing Shari a (Cont d) Hallaq, Wael, Shari a: theory, practice, transformations (Cambridge, UK; New York: Cambridge University Press, 2009), Selections. Hasan, Farhat, State and locality in Mughal India: power relations in western India, c (Cambridge, UK; New York: Cambridge University Press, 2004), Selections. Alam, Muzaffar, The Languages of Political Islam: India (Chicago: University of Chicago Press, 2004), Selections. 5 Colonial Transformations: Law Anderson, Michael, Legal Scholarship and the Politics of Islam in British India, in R.S. Khare Ed. Perspectives on Islamic law, justice, and society (Lanham and Oxford: Rowman and Littlefield, 1999). Kugle, Scott Alan, Framed, Blamed and Renamed: The Recasting of Islamic Jurisprudence in Colonial South Asia, Modern Asian Studies, Vol. 35, No. 2 (May, 2001), pp Colonial Transformations: Print Technology & The Public Sphere Robinson, Francis, Technology and Religious Change: Islam and the Impact of Print, Modern Asian Studies, Vol. 27, No. 1, Special Issue: How Social, Political and Cultural Information is Collected, Defined, Used and Analyzed (Feb., 1993), pp The Modern Madrassa Metcalf, Barbara D., Islamic revival in British India: Deoband, (Princeton: Princeton University Press, 1982), Selections. Robinson, Francis, The ulama of Farangi mahall and Islamic culture in South Asia (London: Hurst, 2001), Selections. Messick, Brinkley, The calligraphic state: textual domination and history in a Muslim society (Berkeley: University of California Press, 1996), Selections. 8 Aligarh and Muslim Modernism Lelyveld, David, Aligarh s first generation: Muslim solidarity in British India (Princeton, NJ: Princeton University Press, 1978), Selections. Maulvi Chiragh Ali, Islamic Revealed Law Versus Islamic Common Law. Sayyid Ahmad Khan, Freedom of Thought.

5 9 Parliament and Shari a Kozlowski, Gregory C., Muslim endowments in British India (Cambridge; New York: Cambridge University Press, 1985), Selections. Jinnah s parliamentary speeches on the Child Marriage Act and Shari at Act. Gilmartin, David, Empire and Islam: Punjab and the Making of Pakistan (Oxford: Oxford University Press, 1989), Selections. 10 Islam and the State: Ijma Modernism? 11 Islam and the State: Theodemocracy? Iqbal, Muhammad, Reconstruction of Religious Thought in Islam (Lahore, 1960). Iqbal, Muhammad, Two letters from Iqbal to Jinnah (1937), in G. Allana, Pakistan Movement Historical Documents (Karachi: Department of International Relations, University of Karachi, nd [1969]), pp Mawdudi, The Political Theory of Islam (Pathankot, n.d..) (an address delivered at Shah Chiragh Mosque, Lahore, October, 1939). 12 MIDTERM EXAM 13 Islam and the State: Millat vs. Qaum Khutbat-e-Madni aur Allama Iqbal ke saath tanqidi bahes (n.d.). Translation of debate between Iqbal and Madni in Secular-liberal vs. religious: ambiguities in Muslim League and Congress political discourse Excerpt from Gould William, Hindu Nationalism and the Language of Politics in Late Colonial India (Cambridge: Cambridge University Press, 2004) Excerpts from Gilmartin, Empire and Islam, and Sarah Ansari, Sufi Saints and State Power (Cambridge, 1992). Jinnah s speech to Constituent Assembly in August 1947 and statements on role of Islam in the state. 15 Crafting an Islamic Constitution Binder, Leonard, Religion and Politics in Pakistan (Los Angeles: University of California Press, 1961), Selections. The ulama s 22 principles of an Islamic constitution (1951 conference) (Urdu). 16 Modernist State, Islamist Challengers, Opportunistic Politicians: the 1953 anti- Ahmadi riots and martial law Mawdudi, The Islamic Law and Constitution, translated and Edited by Khurshid Ahmad (Lahore: Islamic Publications, 1960), Selections. Report of the Court of Inquiry constituted under Punjab Act II of 1954 to enquire into the Punjab Disturbances of 1953 (Lahore: Punjab Govt., 1954) (Munir Report), Selections.

6 17 Cont d Abdul Hakim, Khalifa, Iqbal aur Mullah (Lahore: Idara-e-saqafat-e-Islami, 1954). Munir Report, Selections. Ahmad, Khurshid, An Analysis of The Munir Report [A critical study of the Punjab Disturbances Inquiry Report] (Karachi: Jamaat-e-Islami Publications, 1956), Selections. 18 The Muslim Family Laws Ordinance: Ayub as Savior, Ayub as Villain Report of the Commission on Marriage and Family Laws, The Gazette of Pakistan (Extraordinary), Karachi, June 20, 1956, Selections. Ahmad, Khurshid (M.A., L.L.B.), Ed. Marriage Commission Report X-RAYED: A study of the Family Law of Islam and a Critical Appraisal of the Modernist Attempts to reform it (Karachi: Chiraghe-Rah Publications, 1959), Selections. CII Annual Report for , in Ten Year Report 1962 to 1972 (Advisory Council of Islamic Ideology, Government of Pakistan, Islamabad), Selections. Mawlana Mufti Wali Hasan Sahab Tonki, Aa ili Qawaneen shari at ki roshni mai n, Part 7, Bayyinat (Monthly, published in Karachi), September 1963, pp Mawlana Muhammad Malik Kandhalwi, Dr. Fazlur Rahman kay deeni ta reefat, Al-Haqq (Monthly, published in Akora Khattak), July Bhutto s mixed legacy Mawlana Samiul Haqq, Qaumi assembly mai n musvadda dastoor ki Islami tarmimat ka kya hashr hua?, Al-Haqq, pp Bhutto, Z.A. The National Assembly of Pakistan Debates, Official Report, Volume V, No. 39, Saturday, 7th September, Qasmi, Ali, Ahmadis and the Politics of Religious Exclusion in Pakistan (London, New York, Delhi: Anthem Press, 2014), Selections. Mawlana Abdul Shakoor Kashmiri (Madrassa Nusrat Al-Uloom, Gujranwala), Shariat-e-Muhammadiya mai n murtad ki saza ( The punishment for apostasy in the Shariat of Muhammad ), Al-Balagh, April 1984, Volume 18, pp Iqbal s letter to The Statesman, 10 June 1935 and letter from Iqbal to Nehru, 21 June 1936 in Nehru, A Bunch of Old Letters. Mawlana Abdul Haqq, Eid speech, Al-Haqq, Akora Khattak, October 1976.

7 20 The Hudood Ordinances: Zia as Savior, Zia as Villain Mawlana Muhammad Taqi Usmani, Zikr-o-fikr: General Zia kay aylanat, Al-Balagh, March 1978 Mawlana Muhammad Taqi Usmani, Zikr-o-fikr: General Sahab ka khitab aur Islami iqdamat, Al- Balagh, August 1978, pp Mawlana Mufti Muhammad Taqi Usmani, Zia Shaheed, Al-Balagh, October 1988, Volume 23, pp Selections from writings of Pakistani progressives, secularists, and liberals, during the Zia period. 21 Shift in Courts: abandoning the reconstruction of the Islamic legal tradition 22 Rights NGOS, the Islam-pasand, and General Musharraf 23 Feminism, Imperialism, Liberalism: is this the problem in Pakistan? 24 Islamism s a-historical & uncritical impulses: Is this the problem in Pakistan? Excerpts from Federal Shari at Court judgments on rajm (stoning to death) in 1981 and 1982 and description of legal methodology of Sharia at Appellate Bench by Nasim Hasan Shah. Mawlana Muhammad Taqi Usmani, Sharai adalat ka ghayr sharai faysla, Al-Balagh, Volume 15, March 1981, pp Excerpt from Nasim Hasan Shah s Shari at Appellate Bench judgment on the methodology of shari at courts. Aurat Foundation, Legislative Watch Quarterly Newsletter, Issue No. 8 & 9, Aurat Publication and Information Service Foundation, [1999]. Mawlana Aziz-ur-Rahman Swati, Hudood Ordinance kay Khilaf Mohim, Al-Balagh, October 1989 (2), p. 4. Mawlana Aziz-ur-Rahman (Teacher, Darul Uloom Karachi), Roshan khyal aur pasmandah Islam? Al- Balagh, July Ahmad, Leila, Women and Gender in Islam: Historical Roots of a Modern Debate (New Haven and London: Yale University Press, 1992), Selections. Hallaq, Wael B. The Impossible State: Islam, Politics, and Modernity s Moral Predicament (New York: Columbia University Press, 2013), Introduction. 25 Student Presentations 26 Student Presentations 27 Student Presentations & Review 28 Final Exam Textbook(s)/Supplementary Readings

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