struggle within Islam

Tunisia: one step forward, one step back

Tunisia's parliament, the Assembly of People's Representatives, voted Sept. 14 to overturn a 1973 Ministry of Justice directive prohibiting marriage between a Muslim woman and a non-Muslim man—a victory for the country's transition to secular rule. But one day earlier, the parliament voted overwhelmingly to approve a controversial amnesty law pardoning thousands implicated in corruption and embezzlement of public funds under the former regime of Zine El-Abidine Ben Ali. The opposition bloc (led by the Popular Front) boycotted the vote in protest against the insistence of the ruling coalition (made up of Nidaa Tounes and Ennahda) on passing the law in an extraordinary session. Hundreds protested outside the parliament building as the vote was held. Amnesty will only be granted to those who did not personally profut off of the corruption, or to those who pay back the money with penalties. Nonetheless, protesters condemned the law as a betrayal of country's 2011 revolution. Amna Guellali of Human Rights Watch said the amnesty law coiuld be a "final blow" in Tunisia's democratic transition, and called the back-to-back votes a case of "one step forward, one step back." (HRW, Jurist, Jurist, Sept. 15; Middle East Online, Sept. 14; HRW, May 23)

India: Islamic 'instant divorce' law unconstitutional

The Supreme Court of India ruled (PDF) Aug. 22 that Islam's "instant divorce" law, which allowed Muslim men to divorce their wives by saying the word "talaq" three times, was unconstitutional. The case was heard by five judges of the court and resulted in a vote of 3-2. The court found that the practice is gender-discriminatory and noted that several countries with sizable Muslim populations do not allow the talaq instant divorce. The court has given a six-month period for the talaq divorce to be redefined or simply done away with altogether. No husband is allowed to use the talaq divorce during this period. The All India Muslim Personal Law Board (AIMPLB) filed an affidavit stating that they will recommend that husbands not utilize the talaq divorce. However, the AIMPLB also stated that they will contest the ruling. The ruling was supported by India's prime minister Narendra Modi.

Reparations for destroyed Timbuktu shrines

The International Criminal Court (ICC) on Aug. 17 found (PDF) that a former Malian jihadist militant is liable for individual and collective reparations for overseeing the destruction of Muslim shrines in Timbuktu. Ahmad al-Faqi was found liable for 2.7 million euros in expenses. In its order, the ICC stressed the importance of cultural heritage:

Because of their purpose and symbolism, most cultural property and cultural heritage are unique and of sentimental value. As a result, they are not fungible or readily replaceable. The destruction of international cultural heritage thus "carries a message of terror and helplessness; it destroys part of humanity's shared memory and collective consciousness; and it renders humanity unable to transmit its values and knowledge to future generations". It is an irreplaceable loss that negates humanity.

The court noted that al-Mahdi is indigent and encouraged the Trust Funds for Victims to complement the reparations award and submit a draft implementation plan by next February.

Libya: fatwa against 'infidel' Berbers

The Amazigh Supreme Council (ASC) of Libya, representing the Berbers in the country's western mountains, released a statement responding strongly to the fatwa issued by clerical authorities attached to the "Interim Government" based in Libya's east against the practice of Ibadhi branch of Islam. The edict, issued earlier this month by the Interim Government's  High Commission of Fatwas, refers to Ibadhi Muslims as "infidels" and "Khawarij"—referring to a schism in early Islam now considered heretical by the orthodox. Nearly all followers of Ibadhi Islam in Libya are ethnic Berbers in the Nafusa Mountains and the western port of Zwuarah. The ASC called the fatwa "a direct incitement for genocide of the Amazigh people in Libya." The statement added: "[W]e call all Libyans to refrain from being persuaded by such racist and menacing speech... Furthermore, we call the international community to commit to its duties of protecting civilians. (World Amazigh News, July 18)

Women excluded from Afghanistan peace talks

The "Kabul Process" peace talks opened in Afghanistan's capital this week, drawing representatives from 20 countries and international organizations—but none from the Taliban or other insurgent groups. President Ashraf Ghani's own foreign minister apparently even boycotted the gathering as a farce. Meanwhile, anti-government protesters continued to defy orders to leave camps they had set up in the city, demanding that top security officials step down for failing to stop relentless attacks. Despite extreme security measures, at least one rocket was fired into the Green Zone near where the meeting was being held. As the meeting opened, Ghani admitted that over 150 people were killed and more than 300 were wounded in the truck bombing outside the German Embassy last week, making it possibly the deadliest such attack since the US-led invasion in 2001. And heavy fighting was reported in the countryside, clashes between the army and Taliban leaving high numbers dead in Kunduz province. (Khaama Press, Khaama Press, June 11; NYT, June 6)

Iran: ISIS attack escalates Persian Gulf tensions

ISIS claimed responsibility for simultaneous attacks on Iran's Majlis (parliament) and the mausoleum of Ayatollah Khomeini on June 7, through a statement from the official Islamic State news agency Amaq. At least 12 are reported dead at the Majlis, and several wounded at the mausoleum. Reports indicate four gunmen, disguised as women, entered the visitors' hall of the Majlis building and opened fire, while a suicide-bomber pre-positioned inside the building blew himself up. Two other suicide-bombers meanwhile detonated at the Khomeini shrine. Iran's powerful Revolutionary Guards accused Saudi Arabia and the US of being behind the attacks. "This terrorist action, coming one week after the meeting of the president of the United States with the leader of one of the region's reactionary governments...shows they are involved in this savage action," it said in a statement.

Turkey: 200 on trial over coup attempt

A trial over the July 2016 coup attempt in Turkey began at a prison courtroom in Sincan on May 22. Two hundred of the 221 defendants in the case were marched into the courtroom before a group of pro-government protesters, some of whom threw nooses and demanded the death penalty. Many of the protesters had lost relatives during the coup, which resulted in 240 deaths, primarily civilians. Most of the defendants are former military personnel, with ranks ranging from captains to generals. Prosecutors are seeking life sentences for the defendants, who they are accused of "commandeer[ing] tanks, warplanes and helicopters, bombing the parliament and attempting to overthrow the government." US-based Muslim cleric Fetullah Gulen, named as the number one defendant in the case and accused of orchestrating the coup, will be tried in absentia.

Yemen: protest persecution of Baha'i community

UN Special Rapporteur on freedom of religion Ahmed Shaheed stated May 22 that Houthi de facto authorities in Yemen must end the campaign of harassment against the Bahá'í community in Sana'a. Shaheed's statement was prompted by reports of increased arbitrary arrests and detentions against the Bahá'í community. In addition to demanding Bahá'í community members be released, he also said that authorities must open an inquiry into the disappearance of Bahá'í who were arrested by Houthi-controlled political police in April and whose whereabouts are unknown. Shaheed said "the new wave of court summons and arrest orders appears to be an act of intimidation pressuring the Yemeni Bahá'ís to recant their faith." Such discrimination and harassment against the religious minority threatens the Republic of Yemen's independence and is a violation of Yemeni individuals' rights.

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