Thursday, January 31, 2008

Re: [mukto-mona] BEWARE OF ISLAMI BANKING!

Moderator's Note: The sender of this article is associated with Islamic banks in Bangladesh and is also a propagandist for their cause.

WRT: http://groups.yahoo.com/group/mukto-mona/message/46378

Dear members,

Assalamu Alaikum.I am sending to you a short article in the matter for your
perusal in response to the letter below.

Shah Abdul Hannan

Islamic Banking: Introduction.

Shah Abdul Hannan*

Islamic Banking

Before I discuss about the prospects of Islamic Banking, I am discussing
some primary issues such as definition, objective and history of modern
Islamic banking.

Definition:

An Islamic Banking is a financial institution that operates with the
objective to implement and materialise the economic and financial principles
of Islam in the banking arena.

The Organisation of Islamic conference (OIC) defined an Islamic Bank as " a
financial institution whose statutes, rules and procedures expressly state
its commitment to the principles of Islamic Shariah and to the banning of
the receipt and payment of interest on any of its operations."

According to Islami Banking Act 1983 of Malaysia, an Islamic Bank is a
"company which carries on Islamic Banking business....... Islamic Banking
business means banking business whose aims and operations do not involve any
element which is not approved by the religion Islam."

Objectives:

The objective of Islamic Banking is not only to earn profit, but to do good
and bring welfare to the people, Islam upholds the concept that money,
income and property belong to Allah and this wealth is to be used for the
good of the society.

Islamic Banks operate on Islamic principles of profit and loss sharing and
other approved modes of Investment. It strictly avoids interest which is the
root of all exploitation and is responsible for large scale inflation and
unemployment.

An Islamic Bank is committed to do away with disparity and establish justice
in the economy, trade, commerce and industry; build socio-economic
infrastructure and create employment opportunities.

History and Present Status of Islamic Banking around the World

The History of Islamic Banking :

The History of Islamic Banking could be divided in to two parts. First When
it still remained an Idea, Second-When it become a reality-by private
initiative in some counties and by law in others.

Islamic Banking as an Idea :

The scholar of the recent past in early fifties started writing for Islamic
Banking in place of Interest Free Banking. In the next two decades Islamic
Banking attracted more attention.

Early seventies saw the institutional involvement. Conference of the Finance
Ministers of the Islamic Countries was held. The involvement of institutions
and Government led to the application of theory to practice and resulted in
the establishment of the Islamic Banks. In this process the 'Islamic
Development Bank (IDB)' was established in 1975.

The coming into being of Islamic Banks:

The first private Islamic Bank, the 'Dubai Islamic Bank' was also set up in
1975 by a group of Muslim businessmen from several countries. Two more
private banks were founded in 1977 under the name of 'Faisal Islamic Bank'
in Egypt and Sudan. In the same year the Kuwaiti Government set up the
'Kuwait Finance House'.

In the ten years since the establishment of the first private commercial
bank in Dubai, more than 50 Islamic Banks have come into being. Though
nearly all of them are in Muslim countries, there are some in Western Europe
as well : in Denmak, Luxembourg, Switzerland and the UK.

In most countries the establishment of Islamic banking had been by private
initiative and were confined to that bank. In Iran and Pakistan, however, it
was by government initiative and covered all banks in the country. The
Governments in both these counties took steps in 1981 to introduce Islamic
Banking. There are Islamic Banks in all continents and most countries

Islamic Banks use the methods of Mudarabah ( profitand loss sharing
partnership) and Al Wadia ( safe deposits without any return with permission
to the Bank that it can use such fund without risk tothe depositor) in its
deposit side.

In its investment operation it uses Mudarabah, Musharakah ( capital provided
by both sides and profit of business operation shared by both parties), Bai
Murabahah, Bai Muazzal and Bai Salam ( different forms of purshase and sale
of goods and services against money on cost plus a margin of profit ),
Istisna ( manufacturing contract ), lease. different services against fees
etc. Any one can refer to know these in details to a standard book on
Islamic Banking or even by google search of Islamic Banking.

Prospects

In my understanding the prospect of Islamic Banking is very bright. Muslim
people everywhere want Islamic Banking. In Bangladesh, to give an example,
4/5 conventional Banks have opened separate Islamic branches recently. Five
hundred applications are pending with Islamic Bank Bangladesh Ltd. for
opening of new braches. IBBL has already 132 branches in the country.

The position may not be same in all countries. But if Islamic Banking
succeeds in any country, the position will same in every Muslim country in
my judgment. This means, that first Islamic Bank in any country should be
well managed and successful so that people have faith in this system.
Established Islamic Banks should co-operate by lending competent officials
in setting up new Islamic Banks.

The problems mentioned in the preceding pages are not insurmountable. Most
of them can be solved with more research and dedicated efforts. IDB, OIC
Fiqh Academy, Internatinal Islamic Banking organizations and individual
Islamic banks should put more resources in research in Islamic Banking,
Finance and Economic issues. Cooperation of Central Banks and the
Governments. will be needed in some areas. I have no doubt in mind that
Islamic banking will expand more and more in the entire world.

___

--------------------------------------------------------------------------------

* Former Secretary, Govt. of Bangladesh

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[mukto-mona] Q & A - Payam Akhavan International Human Rights Law â€“ From Rhetoric to Reality

Q & A - Payam Akhavan

International Human Rights Law – From Rhetoric to Reality

TOP OF PAGE

2007

In your opinion, what are some of the reforms the U.N. need to implement with regard to Human Rights?

The U.N. needs to depoliticize human rights issues by creating independent mechanisms that can assess human rights records of governments and where necessary call for action on pressing issues. This could be done by having a standing Commission of Inquiry with members that are selected based on their impartiality and commitment to human rights rather than political allegiances to particular governments.

What options are open to the average Canadian to positively influence International Human Rights?

Canadians can positively influence human rights internationally in a variety of ways. They can seek non-governmental organizations within Canada that have projects abroad and volunteer their resources and expertise including travelling to countries in need of assistance. Canadians can also be well informed of human rights issues and write to their members of parliament calling for action on issues of concern.

In your opinion, do peacekeepers have an influence in the countries they are sent to?

Peacekeepers on the whole play a very important role in stabilizing volatile situations and building confidence among antagonistic forces. In many conflicts, their absence would have resulted in prolongation of war and violence. Peacekeepers are ideal where the opposing parties agree to disengage militarily and to engage in a peace process.

Where atrocities are committed against civilians with no end in sight such as in Rwanda, peacekeepers may need an enhanced peace "enforcement" mandate whereby they can forcefully disarm extremist militia and protect civilians against harm, rather than simply being a "neutral" force separating different armies. Also, peacekeepers need to be held accountable for their behaviour and the United Nations should ensure that any misconduct, for example child exploitation and such other abuses, leads to accountability. The United Nations recently sent peacekeepers home because of such abuses.

Finally, peacekeepers are most effective where there is a parallel process of "peace-building" whereby military disengagement is replaced with a constructive process of social reconstruction and political reconciliation which is the only basis for lasting peace. Peacekeepers are meant to be a temporary measure and ultimately without confidence and democratic institutions and cultures in place, societies would simply fall back into patterns of conflict.

Is there any hope for the United Nations and can it become a credible institution again?

The credibility of the UN depends largely on the willingness of its Member States to transcend their narrow interests with a view to furthering the common interests of all nations. Global interdependence is not a vague and pious aspiration; it is an inescapable and all-pervasive reality. Either we achieve political unity in order to equip the UN with the tools and resources that it needs to be effective, or we will be forced to do so because of future calamities. The UN was born in the ashes of the Second World War; its necessary far-reaching reform should be based on a broad proactive vision rather than a reaction to yet more horrors, and in the age of nuclear terrorism, genocide, and global warming, we should not delude ourselves into believing that our civilization is immune from fundamental threats to its existence, or that unilateral solutions can be devised to confront such threats.

How can one differentiate legally between a justified act of war and crimes against humanity?

An act of war or recourse to armed force refers to the decision to use military coercion as a political instrument. The use of force must either be in self-defence where there is an armed attack against a State, or its must be a collective security measures authorized by the Security Council under the UN Charter. So long as these requirements are satisfied, use of force is consistent with international law. Crimes against humanity refers to widespread or systematic human rights abuses against a civilian population. Recourse to war does not necessarily imply collective attacks on civilians and thus use of force does not necessarily amount to crimes against humanity. But where its purpose is to victimize civilians, such as when war is initiated to achieve "ethnic cleansing" against a minority group, then the use of force can amount to crimes against humanity.

How long is the term for a Supreme Court Judge and how is this determined?

The Responsibility to Protect peoples against genocide and similar crimes requires the political will of UN Member States, and the Security Council in particular, to take decisive action where necessary. Unfortunately, States are not willing to act where their immediate interests are not threatened. But this short-sightedness sometimes means that a manageable conflict escalates into large-scale violence which threatens international peace and security. Effective preventive action requires an understanding that it is more cost-effective to intervene prior to the escalation of violence into genocidal proportions. This is not merely a question of humanitarian imperatives, but also of realpolitik, or a realistic understanding of how the long-term interest in maintenance of stability can be best achieved. It is only in awakening this political and moral consciousness that the UN will begin to effectively intervene against genocidal violence where there are no immediate geopolitical or other interests of powerful States to act.

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[mukto-mona] Statement by Dr. Payam Akhavan International Counsel to Sheikh Hasina

Dr. Payam Akhavan international counsel for Sheikh Hasina

Statement by Dr. Payam Akhavan International Counsel to Sheikh Hasina

IT is my privilege and honour to speak on behalf of Sheikh Hasina. I have undertaken to represent her with great aforethought and fully aware of the far-reaching importance of her struggle. Like every other human being, Sheikh Hasina is entitled to the protection of her fundamental human rights under international law. But it is obvious that the campaign by the military-backed caretaker government to eliminate her as a political leader has grave consequences not just for her, but also for the future of democracy in Bangladesh. As such, her political persecution through the perversion of justice may be the most significant measure of whether this nation will continue to have free and fair elections, to continue on a historical path of developing a mature democracy through trial and error, or whether Bangladesh will go the way of other countries in the region, where unchecked military rule, political radicalization, and religious violence prevail.

While outstanding local counsel in Bangladesh struggle to protect her rights before national courts, the caretaker government must be reminded that this case also implicates the government's obligations under long-standing United Nations human rights covenants. It is in this respect that I have assumed the position of international counsel, to ensure that Bangladesh abides by its obligations under international law, to remind the government that its actions are being watched closely by the world community, that it cannot establish a military dictatorship under the cover of an anti-corruption campaign, that it cannot engage in such flagrant abuse of power with impunity.

The conduct of the government over the past several months leaves little doubt that the prosecution of Sheikh Hasina is a thinly masked political trial with no merit whatsoever. Those of you who have followed her case are well aware that when the government first accused her of corruption in April of this year, it was Sheikh Hasina that insisted on returning to Bangladesh to challenge the accusations. You will recall that it was the government that vigorously attempted to prevent her from returning from her travels abroad, threatening to impose heavy penalties on any airline that would dare fly her to Dhaka. And it was only after considerable international pressure that the government relented, allowing her to return. Sheikh Hasina returned, as the Economist wrote, to a "rock star's welcome", as tens of thousands of Bangladeshis welcomed her back, a testimony to her overwhelming popularity as a leader, and an indication of why the so-called caretaker government is so intent on eliminating her from the political scene. Surely, Sheikh Hasina's return is inconsistent with the slanderous image of a corrupt Prime Minister that the government tries to portray.

But it is the government's case itself that most clearly betrays the merit-less accusations against her, and the lengths to which the police and prosecution have been manipulated to use the judiciary as an instrument of political assassination. I refer here to the accusations of businessman Azam Chowdhury, whose information report forms the basis of the current charges against Sheikh Hasina. It cannot go unnoticed that in his original statement to the police, Mr. Azam did not in any way implicate Sheikh Hasina in his allegations of corruption. He only accused her cousin Sheikh Selim who was the Minister of Health at the relevant time. It was only after Sheikh Selim was arrested, detained, and interrogated under questionable circumstances, that a case against Sheikh Hasina could be made. The sole evidence is Sheikh Selim's supposed "confession" that he approached Sheikh Hasina concerning illicit payments, and that she advised him that those payments should go to her sister Sheikh Rehana. Now what were the circumstances that led to such an incredulous admission by Sheikh Selim? There are credible indications that while in custody, he was subjected to serious physical and mental abuse. His interrogators reportedly threatened that if he did not collaborate with them, his family would "die a slow, painful death".

Should there be any doubt about the veracity of such allegations of torture, should I be accused of hyperbole in advocating Sheikh Hasina's case, I draw your attention to the August 1st letter that Human Rights Watch submitted to Mr. Fakhruddin Ahmed, Chief Advisor of the caretaker government of Bangladesh. In this letter, coming from one of the most distinguished human rights organizations in the world, Mr. Fakhruddin is advised that: "Serious and systemic human rights abuses are taking place on your watch." In addition to torture and extrajudicial executions, Human Rights Watch notifies the Chief Advisor that "emergency rules that do not respect basic due process rights, or the large number of arbitrary arrests and detention without proper judicial oversight or public accountability, are a direct result of your government's policies" and that "the rule of law appears to be breaking down under your administration." The letter goes on to state that "Because the sweeping regulations under the state of emergency now in force do not comply with international requirements and have been misused in practice, we urge you to repeal them immediately." As indicated by a recent hearing in which the High Court Division of the Supreme Court of Bangladesh granted bail to Sheikh Hasina, the use of the Emergency Power Rules by the government reflects a deliberate policy to deny her basic due process rights. Under the Rules, those accused of corruption may be held without bail. It is regrettable that the Appellate Division of the Supreme Court has stayed the grant of bail following an appeal by the Attorney-General, and that the government has initiated new cases in order to continue Sheikh Hasina's unlawful and arbitrary detention. It is also telling that she has been given only a few days in which to prepare a Wealth Report under the Emergency Rules, while in prison, without access to her papers or other records, which were all confiscated at the time of her arrest, and without the cooperation of the banks.

Notwithstanding these gross abuses of due process, it is the evidence obtained through the torture of her cousin Sheikh Selim that stands out as the most egregious violation of human rights. Consider the following statement by Human Rights Watch to the government concerning the use of torture in order to obtain "confessions": "Bangladesh's military forces have become notorious for taking people into custody, torturing them to death or executing them in faked 'crossfire killings.'" Indeed, this letter refers to the case of Mr. Tasneem Khalil, a consultant for Human Rights Watch and stringer for CNN, who in May of this year was "taken from his home in front of his wife and child, blindfolded and driven to an interrogation centre, where he was tortured and questioned … Mr. Khalil saw sophisticated torture equipment and could hear other detainees screaming in pain. … Before his release, [he] was forced to make false confession, and asked to sign documents and testify on video admitting to acts that could be considered treasonous." It is in this dire context that the so-called "confession" of Sheikh Selim has to be assessed, and I will also note that since he is still in detention, the full extent of his mistreatment may be difficult to divulge.

One of the most fundamental human rights norms is the prohibition of torture. This includes the inadmissibility of confessions obtained through torture as evidence in judicial proceedings. The government of Bangladesh must be reminded that the use of torture in the trial of Sheikh Hasina is a particularly serious violation of international law. It is in fact an international crime that the government is under an obligation to prevent and punish under United Nations human rights treaties which it has signed. Torture gives rise to individual criminal responsibility not only of those who perpetrate it, but also of those in positions of authority that legitimize it by failing to prosecute perpetrators. Those that are acquiescing in this travesty of justice against Sheikh Hasina should consider the doctrine of command responsibility, not least in a case with such a high-profile and intense international scrutiny. It was after all in the Pinochet case before the House of Lords in this country that the consequences of tolerating such conduct became apparent for once untouchable Heads of State. The message should be clear for the current leaders of Bangladesh. Instead of prosecuting Sheikh Hasina on trumped up charges of corruption, those responsible for the torture of Sheikh Selim should be put on trial, otherwise those that are condoning such conduct may themselves be in the dock one day.

As part of our initial campaign to hold Bangladesh accountable to its international human rights obligations, we have last week communicated the details of Sheikh Hasina's case to the Office of the United Nations High Commissioner for Human Rights in Geneva. In particular, we have sent information to the Special Rapporteur on Torture, Professor Manfred Nowak of Austria, and to the Special Rapporteur on the Independence of the Judiciary, Leandro Despouy of Argentina. We will ensure that the United Nations system, and more widely, the international community, is fully appraised of the legal proceedings against Sheikh Hasina, and hope that the government will appreciate that its human rights violations, its attempt to subvert democracy, will exact a heavy cost. It is especially regrettable that Bangladesh, a nation with a proud tradition of internationalism, a nation whose military have served as United Nations peacekeepers throughout the world, must now become a symbol of a military bent on usurping the power of democratically elected leaders. We are certain that there are those amongst the ranks of the military that realize the grave consequences for Bangladesh of becoming an international pariah, of losing the tremendous hard-won prestige and influence that the armed forces have brought to this nation.

In charting its course of action, the international community must also realize that the laudable goal of fighting corruption cannot be at the expense of human rights. Surely, Bangladesh's deterioration into a military dictatorship will only increase the abuse of power, will only increase the corruption that comes with the absence of accountability. Democracy and respect for the rule of law is a long and arduous process that is achieved in over time. While Sheikh Hasina herself supported the assumption of power by the caretaker government in January of this year, it was based on the desire for free and fair elections, for an end to the turmoil that had gripped the country, and not for the elimination of democracy. And those that believe that the military-backed government should be given yet more time to prepare for elections now postponed till 2008 should consider how with the most popular political leader in prison, and with rights of assembly and free speech severely curtailed under emergency laws, it is possible to hold free and fair elections. This amounts to denying democracy in the name of attaining democracy. We therefore appeal to the international community to adopt a principled policy that upholds human rights and the rule of law, lest Bangladesh fall prey to the same authoritarian forces that have resulted in a steady deterioration of peace and stability in neighbouring countries.

And most of all, our message to the government of Bangladesh is that we will not allow this travesty of justice to go unchallenged. We will use every means at our disposal to enlist the support of the United Nations, and to expose the trial of Sheikh Hasina for what it is: a military coup masquerading as an anti-corruption campaign

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[mukto-mona] Re:Free Rights Activist Mehdi Hasan

Dear Mukto-mona friends,

Mr. Mehedi Hasan, a workers Right Activist had been arrested, taken for remand for four days first and then again for three days. We all have more or less knowledge that when a person is taken for remand, unbearable trture is inflcited on him either physically or mentally or both. Mehedi Hasan seems to be a target for serving the greater interests of the Garment Workers.

Please continue demanding Hasan's release from detention. Thanks to everyone.

Rosaline Costa

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[mukto-mona] The Bangladesh Military Tilts At Windmills

Please read:

The Bangladesh Military Tilts At Windmills

"The newspapers in Bangladesh fed us the party line. They declared that a "foreign body" had been provoking labor unrest in Bangladesh's garment industry. Never mind that rising food prices and unpaid back wages have driven those who already live on the edge over the edge. The military government, faced with the fruits of its incompetence, has found the convenient foreign bogey man. The Daily Star tells us about this foreign hand:.......

"In one year of emergency rule the Bangladesh military has presided over spiraling food prices, has tortured and killed its own citizens, has jailed nearly half a million people, has jailed students and professors, has created a climate of fear in the business community, and has now seen labor unrest in a key sector of the economy. Its fix to almost all problems has been to pull out the gun.

Today that gun points at Mehedi Hasan. However, behind him stand the millions in Bangladesh and around the world who say no to exploitation of workers, who believe in the right to a living wage, and who believe in humane working conditions. Behind him stand the foreign apparel brands that purchase Bangladeshi garments, the colleges and universities that buy those brands, and the organizations that ensure that human beings are not being treated inhumanely along the way. It seems to me that the Bangladesh military would serve Bangladesh, its people, and its economy best by putting down the gun."

http://www.docstrangelove.com/2008/01/31/the-bangladesh-military-tilts-at-windmills/

Thanks.

--
MMR Jalal.
"Pheeray Dekhun Ekattor. Ghuray Darak Bangladesh." __._,_.___

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[mukto-mona] Islam and Science: Maulana Shihabuddin Nadwi's 'Scientific' Approach to the Quran

Islam and Science: Maulana Shihabuddin Nadwi's
'Scientific' Approach to the Quran

Yoginder Sikand

Author of almost a hundred books, the late Maulana
Shihabuddin Nadwi of Bangalore (1931-2002) is best
remembered for his efforts to develop what he regarded
as a 'scientific' framework of Quranic exegesis, being
one of the few contemporary South Asian ulema to have
worked in this field. His books and the institution
that he founded—the Furqania Academy—were devoted to
the elaboration of a 'scientific' Islamic theology
(kalam) as well as 'scientific' explanations of
various Islamic beliefs, laws and practices.

The Maulana's intellectual autobiography, Meri Ilmi
Zindagi Ki Dastan-e Ibrat ('Exemplary Lessons from My
Intellectual Life') was the last book that he penned,
which he completed only a few days before his death.
It discusses his own intellectual growth, beginning
with his graduation from the Nadwat ul-Ulema madrasa
in Lucknow and then, following from years of studying
science as well as English on his own, his emerging as
a brilliant scholar with a huge corpus of writings to
his credit.

Running as a connecting thread through the Maulana's
writings is the need for the ulema (besides other
Muslims) to study and understand modern science. The
Maulana was convinced that this was a Quranic
imperative and was also essential for the economic and
political empowerment of the Muslims as a community.
This appeal is also repeatedly stressed in the
Maulana's intellectual autobiography.

The Quran, the Maulana notes, repeatedly exhorts
Muslims to reflect or ponder on various aspects of
God's creation as a means for gaining understanding
God's attributes. This, he says, can be construed as a
call for Muslims to take to the study of various
physical and social sciences. Only if Muslims were to
do this could they be suitably empowered to fulfill
their responsibility as God's vicegerents on earth
(khalifa fil arz) and as people commissioned by God to
guide humankind, to enjoin what is good and forbid the
wrong (amr bil maruf wa nahy anil munkar).

In this regard, the Maulana evokes the Quran as
mentioning the appointment of Adam as God's khalifa
and his being given knowledge of the 'names' of
everything. The Maulana takes this to also mean
Quranic sanction for intellectual, including
scientific, knowledge and development. Yet, he
laments, most traditional madrasas shun the teaching
of modern sciences. He appeals to his fellow ulema to
reconsider their stance in this regard, warning them
that 'The community that breaks its ties with modern
knowledge will commit suicide'. 'The temper of the age
always changes', he adds, 'and a community which is
ignorant of the temper of its age will always be
defeated'.

The Maulana's passionate appeal for the ulema to study
modern sciences rests on his firm belief that there is
no contradiction between the Quran and God's creation,
between the Act of God (fail-e ilahi) and the Word of
God (qaul-e ilahi). Rather, the laws of both 'support
each other because they are from the same source'.
Every age has its own intellectual framework (aqli
mizaj), and since Islam is for all times, it needs to
be expressed in a framework suited to that age. 'In
every age', he explains, 'religion has a very close
relation with that age's sciences' and that is why
'the miracles given to every prophet were in
accordance with the demands of his age'. Hence, he
goes on, in today's 'scientific' age, Islam needs to
be expressed in 'scientific' terms, which, of course,
is possible only if the ulema have an understanding of
what science is all about. This is also essential for
the work of Islamic propagation (tabligh).

Further, scientific knowledge is also essential, the
Maulana argues, for the ulema to respond to
contemporary problems (masail) through ijtihad or
creative jurisprudential engagement. Here he bitterly
critiques the 'stagnation' (jumud) associated with
blind imitation of past juridical precedent (taqlid),
because of which, he says, 'the eternal relevance of
Islam is obscured', 'Islam is made to appear as a dead
religion' and 'Muslims are seen as a foolish
community'. The undisputed and empirically verified
findings of modern science, the Maulana insists, are
'reliable proofs from the shariah point of view', and
hence an important source of Islamic law and of
ijtihad. They cannot be denied', he asserts, 'as they
reflect the law of God's provision (qanun-e rabubiyat)
and the natural laws (zawabit-e qudrat)'. Hence, to
conceal them is 'to conceal the truths of the Quran,
rather than serving the Quran'.

Developing a 'scientific' Quranic theology, the
Maulana further adds, is also essential for Muslims to
take on and defeat the advocates of materialism, who
view the world through a lens that claims to be
'scientific' but is based on atheism. The sciences,
the Maulana insists, must be 'cleansed of the label of
materialism', and then suitably 'Islamised' and used
for the ethical purposes that God intends for them.
'By relating the creation with the Creator, and
showing the correspondence between science and Islam
and the planned nature of the whole cosmos' in this
way, he argues, proofs for the existence of God
(dalail-e rabbani) can be articulated.

The Maulana recognizes that his 'scientific' exegesis
of the Quran would mean a significant departure from
the views of traditionalist scholars and indeed from
the cumulative scholarly tradition of the ulema itself
on significant points. Yet, he says, his approach is
not to reject the commentaries of the past outright or
to condemn them, for all interpretations are human
products, influenced by the social location of their
interpreters, and so are liable to some degree of
error. This human element in interpreting the divine
text therefore means that 'intellectuals must never be
stagnant but must always ponder on the Quran'.

The Maulana describes his approach to the cumulative
tradition of the Quranic commentators as entailing
taking from them what he finds to be reliable and in
other matters relying on his understanding of the
Quran and Hadith. It is not, he stresses, that 'the
meaning of the Quran changes with every age', but,
rather, that there is 'great expansiveness in the
words of the Quran, which can reflect many different
meanings'. 'Accordingly', he writes, 'adopting new
meanings for a word does not mean that old meanings
attributed to it are fully nullified'.

In defence of this position, the Maulana cites a
Hadith report that describes the Quran as having 'many
faces'. He also refers to a Hadith report that states
that the 'miracles' of the Quran can never end, taking
this to mean that people will constantly reflect on
the Quran and discover or uncover new meanings from
and of it. The Quran, he writes, is 'like an ocean of
unknown depth' and so 'the more research one does on
it', including by relating it to the confirmed
conclusions of science, 'the more miracles does it
reflect'.

Further elaborating the need for the ulema to study
science and to develop a 'scientific' Quranic
exegesis, the Maulana writes that knowledge (ilm) in
Islam is a composite whole, there being no division
between 'religious' and 'worldly' knowledge. 'One arm
or eye of Islam is the shariat and the other is fitrat
(nature or science)', he argues. Hence, he stresses,
both forms of knowledge are needed, and Muslims
'should have the shariah in one hand and the sciences
in the other'. If Muslims were to ignore this, he
claims, they would actually be going against God's
will, and would be only selectively following the
Quran.

Lamentably, so he himself confessed, the Maulana's
appeals did not find enthusiastic reception among most
of his fellow ulema. Despite this, he kept up his
struggle, as manifested in the enormous number of
books that he wrote. Many of these are real treasures
that urgently deserve to the translated and widely
discussed and disseminated, particularly those on
Islamic theology and education, which present novel
perspectives on a host of issues of contemporary
import.

-------------------------------------------

For more details about Maulana Shihabuddin Nadwi's
works, look at the website of the Furqania Academy,
the Bangalore-based institution that he founded, on

www.furqania.com

Sukhia Sab Sansar Khaye Aur Soye
Dukhia Das Kabir Jagey Aur Roye

The world is 'happy', eating and sleeping
The forlorn Kabir Das is awake and weeping

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"I disapprove of what you say, but I will defend to the death your right to say it".
-Beatrice Hall [pseudonym: S.G. Tallentyre], 190
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[vinnomot] How Bush Destroyed the Dollar

I had predicted a few years ago, US Dollar would crash in 2011 and I was called a Doom Sayer Economist by Wall Streeters. Now evidence is accumulating that I could be correct.

-----------------------------

<http://www.counterpunch.com/roberts01272008.html
<http://www.counterpunch.com/roberts01272008.html>>

Weekend Edition
January 26 / 27, 2008

The Profile of a Third World Country
How Bush Destroyed the Dollar
By PAUL CRAIG ROBERTS

It is difficult to know where Bush has accomplished the most
destruction, the Iraqi economy or the US economy.

In the current issue of Manufacturing & Technology News, Washington
economist Charles McMillion observes that seven years of Bush has
seen the federal debt increase by two-thirds while US household debt
doubled.

This massive Keynesian stimulus produced pitiful economic results.
Median real income has declined. The labor force participation rate
has declined. Job growth has been pathetic, with 28% of the new jobs
being in the government sector. All the new private sector jobs are
accounted for by private education and health care bureaucracies,
bars and restaurants. Three and a quarter million manufacturing jobs
and a half million supervisory jobs were lost. The number of
manufacturing jobs has fallen to the level of 65 years ago.

This is the profile of a third world economy.

The "new economy" has been running a trade deficit in advanced
technology products since 2002. The US trade deficit in manufactured
goods dwarfs the US trade deficit in oil. The US does not earn
enough to pay its import bill, and it doesn't save enough to finance
the government's budget deficit.

To finance its deficits, America looks to the kindness of foreigners
to continue to accept the outpouring of dollars and dollar-
denominated debt.

The dollars are accepted, because the dollar is the world's reserve
currency.

At the meeting of the World Economic Forum at Davos, Switzerland,
this week, billionaire currency trader George Soros warned that the
dollar's reserve currency role was drawing to an end: "The current
crisis is not only the bust that follows the housing boom, it's
basically the end of a 60-year period of continuing credit expansion
based on the dollar as the reserve currency. Now the rest of the
world is increasingly unwilling to accumulate dollars."

If the world is unwilling to continue to accumulate dollars, the US
will not be able to finance its trade deficit or its budget deficit.
As both are seriously out of balance, the implication is for yet
more decline in the dollar's exchange value and a sharp rise in
prices.

Economists have romanticized globalism, taking delight in the myriad
of foreign components in US brand name products. This is fine for a
country whose trade is in balance or whose currency has the reserve
currency role. It is a terrible dependency for a country such as the
US that has been busy at work offshoring its economy while
destroying the exchange value of its currency.

As the dollar sheds value and loses its privileged position as
reserve currency, US living standards will take a serious knock.

If the US government cannot balance its budget by cutting its
spending or by raising taxes, the day when it can no longer borrow
will see the government paying its bills by printing money like a
third world banana republic. Inflation and more exchange rate
depreciation will be the order of the day.

Paul Craig Roberts was Assistant Secretary of the Treasury in the
Reagan administration. He was Associate Editor of the Wall Street
Journal editorial page and Contributing Editor of National Review.
He is coauthor of The Tyranny of Good Intentions.He can be reached
at: PaulCraigRoberts@yahoo.com <mailto:PaulCraigRoberts%40yahoo.com>

--
"The most violent element in society is ignorance.": Emma Goldman

"Reading is the food, light, lamp, refuge, solace of the soul, the spice of all natural flavors. It feeds the hungry, gives light to the one sitting in darkness, offers bread to the one fleeing shipwreck or war, comforts the contrite heart." Peter of Celle, Quoted in Essential Monastic Wisdom, by Hugh Feiss.

"Only a life lived in the service of others is worth living. Service to
others is the rent you pay for your room here on earth." Albert Einstein

NOOR V. GILLANI, D.Sc.

Principal Research Scientist Adjunct Professor
Nat'l Space Science & Technol Ctr. Atmospheric Science Dept
(NSSTC, NASA-AL) U. of AL in Huntsville (UAH)

Tel. 256 961-7942 email: gillani@nsstc.uah.edu
Fax. 256 961-7755

Shipping Address Mailing Address

NSSTC Atm. Science Dept.
320 Sparkman Dr U. of Alabama in Huntsville
Huntsville AL 35805 Huntsville AL 35899

__._,_.___

__,_._,___

[mukto-mona] Letter to P.M.-Protest against attacks on Christians

Request to send the following to PM on urgent basis

To,

Dr. Manmohan Singh

Prime Minister of India, Prime Minister's Office, South Block,

Raisina Hill, New Delhi, 110011, India

Fax : (+) 91 -11- 2301 9545 / 23016857

Email : manmohan@alpha.nic.in / pmosb@pmo.nic.in

Honourable Prime Minister,

Protection of the Rights of the Christian Minorities in Orissa

We write with deep concern over the communal violence that engulfed the district of Khandhamal in Orissa since the eve of Christmas. The violence has led to the death of persons; injury to many and thousands of people have been rendered homeless and penniless. Many houses have been torched and looted. Hundreds of people have fled to the woods. The victims of this violence have been Christians. The timing of the attack and the way it has been carried out reveal that there is a dangerous attempt by some forces to eliminate Christians and to annihilate Christianity.

The State has failed in its duty to protect the rights of Christians - to protection of life and personal liberty and to freedom of conscience and free profession, practice and propagation of religion – the very rights enshrined in the Constitution of the country (Articles 21 & 25) and in the International Covenant on Civil and Political Rights (ICCPR Articles 18 & 27) to which the Government of India is a party.

In this context, we appeal to you, Sir, to initiate suitable measures so as to :

• Protect the rights and the lives and the properties of Christians in Orissa

• Provide immediate relief and adequate compensation to the victims as per ICCPR Article 2.3.1

• Ensure peace and harmony in the State so that people may live without fear and freely practise their faith.

Thanking you,

Yours sincerely,

Signatures as under :

S. No. Name Signature

--
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[mukto-mona] write up in The Daily Star about BCS recruitment

Check the link about BCS recruitment

http://www.thedailystar.net/story.php?nid=21410

Thanks

Regards,

Ripan K Biswas

Committed to PEOPLE'S RIGHT TO KNOW

Friday, February 1, 2008 05:21 AM GMT+06:00

Click here for Printer Friendly Version

Point Counterpoint

Let merit count in the Bangladesh Civil Service

Ripan Kumar Biswas

GOVERNMENT jobs belong to the country's people, not politicians, and shall be filled only with regard to public service," said Theodore Roosevelt, first US Civil Service Commissioner (1889-1895) and the 26th president of the United States ((1901-1909).

To recruit the people the country needs, the department or the respective authority must expand its outreach to all parts of the country so that it gets a highly skilled workforce which can represent the country's diversity, and can advance national interests. To do so, recruitment should be fair.

Recruitment is about getting the best person for the job. In most of the countries, it is usually dealt with by the Public Service Commission (PSC), whose remit is enshrined in the Constitution. Recruitment should be fair, which means that the PSC should be genuinely independent.

It can be harder to ensure fairness in a decentralised system, which is why many developing countries resist devolving recruitment to line agencies. Recruitment should also use skilful methods, e.g. develop selection criteria, introduce occupational testing at assessment centres, standardise interview structures and training for interviewers. It offers suggestions for governments wishing to strengthen appointments based on merit.

The Commission is charged with maintaining the purposes of civil service systems, merit selection, tenure and an independent Civil Service Commission. Independent civil service commission only defences against politics.

The Bangladesh Public Service Commission (PSC) is a quasi-judicial body established under the Constitution of the People's Republic of Bangladesh and works under the provisions of the Articles 137 to 141 of the Constitution of Bangladesh, and certain other rules and regulations made by the government.

Although it has gone through various amendments since 1981, including elimination of political patronage, encouragement of efficiency and introduction of staff training, the Bangladesh Civil Service Recruitment Rules, 1981, laid down the procedure for recruitment to various services of the republic. The requirement to consult the Public Service Commission is a constitutional one as envisaged in Clause (2) of Article 140 of the Constitution.

The implementation of government policies and projects is the duty of the Bangladesh Civil Service (BCS); a corps of trained administrators who form the nation's most influential group of civilians.

Although, according to the constitutional obligations, the Commission is only responsible to the Parliament of Bangladesh for its actions, and the recommendations and the decisions of the Commission can only be reviewed or replaced by the president of the People's Republic of Bangladesh, the civil service remains divided, politicised and corrupted.

Political sympathy and partisan activity are now required as conditions for appointment. Fitness for office is given far less consideration, thus, the quality of public service is seriously affected in Bangladesh.

Nobody finds the factors that contribute to the success or failure of public sector programs important. Why should ensuring merit in public appointments be an important element of public service sector? What can civil service specialists contribute to the debate about corruption and patronage?

The partisan recruitment of BSC examinees according to the interest of political parties or other beneficiary groups, leakage of question papers frequently over the years, and taking of bribe by members, officials or staff of the Commission are among the most raised allegations against the Commission, and have contributed to a massive erosion of trust and credibility of this constitutional body.

In addition, irregularities in BSC examination, allocation of seats in groups with bribe, ensuring of success in the preliminary test with bribe, copying and solving questions outside the exam hall, replacing of examination scripts or documents, corruption in viva voce, giving of high marks to the target candidates, calling of candidates to Commission after viva voce, changing of marks, and leakage of BSC results are some obstacles in getting genuine administrators to serve the country.

One reason for holding general elections under neutral caretaker governments is that some civil servants back one of the political parties in the hope of being awarded lucrative postings and other benefits.

Many observers believe that tackling corruption in the civil service will reduce the corruption everywhere, as the civil service sector is the real wheel of country's administration.

The present government is aware that the primary way by which corruption can be tackled in the long term is to target the development of a merit-based, suitably rewarded civil service. The PSC has been reconstituted by appointment of a new chairman and other members, and has planned to develop a strategic perspective for improving the quality of the civil service, beginning with recruitment and promotion policies and practices.

It has already cancelled the viva voce results of the controversial 27th BCS examinations after reviewing newspaper reports and various allegations about the examination in order to restore confidence in the public mind and establish transparency in the recruiting process for public jobs, and immediately rescheduled the viva for all successful candidates of the written examinations.

After a time lag of two and a half years since the circular for the last BCS exam was issued on June 28, 2005, that for the 28th BCS exam, has just been published on January 23.

Although the latest circular disappointed everyone, and should be reviewed, as it said that only graduates aged 30 years or below as of January 1, 2008 can apply for the 28th BCS examinations, there is great public expectation of getting really meritorious civil servants as they are core functionaries of the government.

2008 will be a remarkable transition phase for the nation if the PSC can finish all the recruitment processes of the 28th BCS examination during the tenure of this non-political government.

Ripan Kumar Biswas is a freelance writer based in New York.

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[mukto-mona] Peoples March editor arrested illegally in Kerala India

From: monsurhoque1968@hotmail.com
To: info@tgwu.org.uk; bdenny@rmt.org.uk; info@community-tu.org; info@ucatt.org.uk; info@rmt.org.uk; info@nuj.org.uk; office@fbu.org.uk; info@aslef.org.uk; pete@pgg.me.uk; info@therefugeeproject.org; billperry100@hotmail.com; pardeepsingh_rai@hotmail.com; alexiahaysom@hotmail.com; ann@caat.org.uk; knklondon@gn.apc.org; gallowayg@parliament.uk; jacksong@parliament.uk; simpsona@parliament.uk; corbynj@parliament.uk; mkg_64uk@yahoo.co.uk; campaigngroup@aol.com; andrewss@parliament.uk; john@oneparty.org.uk; harry.powell@ntlworld.com; kmajidjehan@yahoo.co.uk; forward_wcpi@yahoo.com; love_freedom_29@hotmail.com; wilfdixon@hotmail.com; info@workers.org.uk; ilp515@runbox.com; info@ilps2001.com; aunkarsangha@hotmail.com; tonymiller@typhoon73.fsnet.co.uk; slp.mail@lineone.net; cmkp_rev@yahoo.com; hamza_virk@yahoo.com; info@cpgb-ml.org.uk; info@socialist-labour-party.org.uk; lalkarpublications@hotmail.com; slp-youth@yahoogroups.com; slpinternational@hotmail.com; confirm-invite-hfov7zzdnpi9zow=wdqc7iclcv4-monsurhoque1968=hotmail.com@yahoogroups.com; editor@cpgb-ml.org.uk
Subject:
Date: Thu, 31 Jan 2008 23:24:23 +0000

Code Red: No Dissent In Marxist Land
From Tehelka Magazine, Vol 5, Issue 4, Dated Feb 02, 2008

Activists decry the arrest of People's March editor saying he was denied several fundamental rights.............

KA SHAJI
Kochi and Thrissur

INTERNAL SECURITY has often been the cover for the State to clamp down on people with an ultra-Left background. In the latest case, the editor of a Kerala based pro-Maoist monthly, People's March, was arrested a month ago from his office in Trikkakara near Kochi. The 68-year-old editor, P. Govindan Kutty is on an indefinite hunger strike in judicial custody to highlight the human rights violation. But barring a few activists of the People's Union of Civil Liberties (PUCL), civil society in the highly literate state still seems to be completely unmindful. The PUCL activists have threatened to launch an agitation near the Kerala High Court protesting against the unlawful manner in which the arrest was carried out.

The Kerala Police and Home Minister Kodiyeri Balakrishnan have said that a close watch is being kept on activists demanding the protection of Kutty's rights. They have also said they would not allow anyone like him to run any publication that voices dissent against State atrocities. Authorities at the Central Jail in Viyyur are reported to be injecting glucose drip to Kutty as he is determined not to break the fast. Activists say he is often straitjacketed to inject the drip. At the time of filing this report, he was being shifted to the Government Medical College in Thrissur.

According to PUCL state president PA Pouran, Kutty is continuing his fast alleging that even the minimum legal procedure was ignored and the basic rights of a prisoner, including access to a lawyer, had been denied him. When he was arrested and remanded to judicial custody in December, the authorities insisted that he could talk to his lawyer only in the presence of jail officials.

Kutty, who was a government servant, had come in contact with Maoist thought while working in Andhra Pradesh about two decades ago. He returned to Kerala five years ago and launched his small publication, which sells only a few hundred copies. The publication has never been proceeded against and meets legal requirements such as registration with the Registrar of Newspapers for India and has permission to be carried at concessional rates by the postal department.

Charges against Govindan Kutty are framed under Sections 134, 124A, 133B of the Indian Penal Code and under the 1967 Unlawful Activities (Prevention) Act, which has never been used against a journalist. One of the main charges against Kutty is that he wrote an article some five years ago hailing the Maoist attack on the then Andhra Pradesh Chief Minister Chandrababu Naidu.

Human rights activists say the arrest and the consequent developments raise several disturbing questions. "First of all, it exposes the palpable intolerance being shown by the police and the present government in Kerala towards any kind of dissent. The second is the scant respect for human rights and the fundamental rights of every citizen, including prisoners. The third is the selective and arbitrary manner in which the civil society in Kerala, including intellectuals and the mainstream media, seem to behave even on issues where fundamental rights are violated," says NP Chekkutty, noted journalist and editor of Malayalam daily Thejus.

PUCL's Pouran says Kutty was arrested soon after the Andhra Pradesh Police picked up two Maoist activists, Malla Raja Reddy and Suguna, from Angamaly near Alwaye on December 17 last year. The two were living among construction workers from outside the state. The AP team had come in plainclothes without informing local authorities as required by law, and was attempting to get away with the two until the local people stopped their vehicle. It was only then that the AP Police agreed to produce the two in a court and get a transit warrant.

Such secret raids seem to have become a routine affair. In June 2007, another Maoist, Raja Mouli, was forcibly taken by a group of AP policemen from the Kollam railway station. He was not produced in any court and his body was recovered two days later in Andhra Pradesh.

THE KERALA Police, which raided the offices of Govindan Kutty alleging he was helping Malla Raja Reddy find shelter in Kerala, still maintain that he is a man of terror. But they could not find any evidence to link him to Reddy and hence the decision to charge him for an article written five years ago. It is also said the police manipulated the mainstream Malayalam media to demonise Kutty. The stories about his personal life were carried without his version. Only a handful of media houses took his version of the story, thereby highlighting the police's blatantly false claims.

While opposing his bail application in the Kerala High Court, the police said Govindan Kutty was providing ideological backing to Maoists of different streams for the last five
years and his release would help Naxalism grow in Kerala. But the home department has no answers as to why they allowed him to engage in such activities for the past five years
and what prompted his arrest in December.

"We are not against taking proper legal action against him if he is guilty. But throwing basic human rights to the wind in the name of Naxal raids is not justified," said Pouran.

From Tehelka Magazine, Vol 5, Issue 4, Dated Feb 02, 2008

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***************************************** Sign the Petition : Release the Arrested University Teachers Immediately : An Appeal to the Caretaker Government of Bangladesh http://www.mukto-mona.com/human_rights/university_teachers_arrest.htm ***************************************** Daily Star publishes an interview with Mukto-Mona http://www.mukto-mona.com/news/daily_star/daily_star_MM.pdf ***************************************** MM site is blocked in Islamic countries such as UAE. Members of those theocratic states, kindly use any proxy (such as http://proxy.org/) to access mukto-mona. ***************************************** Mukto-Mona Celebrates 5th Anniversary http://www.mukto-mona.com/Special_Event_/5_yrs_anniv/index.htm ***************************************** Mukto-Mona Celebrates Earth Day: http://www.mukto-mona.com/Special_Event_/Earth_day2006/index.htm ***************************************** Kansat Uprising : A Special Page from Mukto-Mona http://www.mukto-mona.com/human_rights/kansat2006/members/ ***************************************** MM Project : Grand assembly of local freedom fighters at Raumari http://www.mukto-mona.com/project/Roumari/freedom_fighters_union300306.htm ***************************************** German Bangla Radio Interviews Mukto-Mona Members: http://www.mukto-mona.com/Special_Event_/Darwin_day/german_radio/ Mukto-Mona Celebrates Darwin Day: http://www.mukto-mona.com/Special_Event_/Darwin_day/index.htm ***************************************** Some FAQ's about Mukto-Mona: http://www.mukto-mona.com/new_site/mukto-mona/faq_mm.htm **************************************************** VISIT MUKTO-MONA WEB-SITE : http://www.mukto-mona.com/ **************************************************** "I disapprove of what you say, but I will defend to the death your right to say it". -Beatrice Hall [pseudonym: S.G. Tallentyre], 190

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Thursday, January 31, 2008

Re: [mukto-mona] BEWARE OF ISLAMI BANKING!

[mukto-mona] Q & A - Payam Akhavan International Human Rights Law â€“ From Rhetoric to Reality

Q & A - Payam Akhavan

International Human Rights Law – From Rhetoric to Reality

2007

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What options are open to the average Canadian to positively influence International Human Rights?

In your opinion, do peacekeepers have an influence in the countries they are sent to?

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How long is the term for a Supreme Court Judge and how is this determined?

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Ripan Kumar Biswas is a freelance writer based in New York.

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