THE
MIDDLE EAST MEDIA RESEARCH INSTITUTE
Inquiry
& Analysis Series Report No.1230
ishtartv.com-
memri.org
By:
N. Szerman, February 23, 2016
Introduction
On
January 25-27, 2016, Muslim scholars and intellectuals from across the Muslim
world convened in Marrakesh to discuss the protection of religious minorities
in Muslim-majority countries. According to the website for the conference
(Marrakeshdeclaration.org), it was held under the auspices of the Moroccan King
and the Moroccan Ministry of Endowments and Islamic Affairs, and sponsored by
the Forum for the Promotion of Peace in Muslim societies, a UAE-based think
tank headed by Sheikh 'Abdullah bin Bayyah. It was attended by "hundreds
of Muslim scholars and intellectuals from over 120 countries, along with
representatives of Islamic and international organizations, as well as leaders
from diverse religious groups and nationalities."
On
January 27, the participants issued a closing statement, the Marrakesh
Declaration.[1] The declaration presents the protection of
minority rights as integral to Islamic heritage and history, as reflected, for
example, in the 7th century Charter of Medina. According to the declaration,
this charter contains "principles of constitutional contractual
citizenship such as freedom of movement, property ownership, mutual solidarity
and defense, as well as principles of justice and equality before the law"
(For the text of the Medina Charter, see the Appendix). The declaration
states further that the situation of minorities in the Muslim world has
"deteriorated dangerously" today due to the activity of
"criminal groups" that "alarmingly distort [Islam's] fundamental
principles and goals." It suggests to remedy the situation by reaffirming
Muslims' commitment to the Charter of Medina, and invokes this medieval
document as a basis for guaranteeing human and citizen rights in the
constitutions of modern Muslim states. It also calls for "Muslim
educational institutions and authorities to conduct a courageous review of
educational curricula."
Sheikh
'Abdullah bin Bayyah – the head of the UAE think tank that sponsored the
conference – was prominently involved in similar initiatives in the past. In
2010 he initiated the New Mardin Declaration, which sought to address certain
fatwas by 14th century Hanbali Muslim scholar Ibn Taymiyya that are invoked as
authoritative by the takfiri Salafi-jihadi movement.[2] In 2014, the Sheikh was a prominent
signatory of the open letter to ISIS "caliph"Al-Baghdadi that used
Islamic sources to refute the Islamic State's religious doctrine and to condemn
the torture, murder and destruction committed by this organization.[3] However, both these initiatives failed to
spark an intra-Muslim debate, let alone trigger significant action.
The
Marrakesh Declaration's call for educational reform did have some resonance.
Morocco's King Muhammad VI declared on February 6 that religious schoolbooks in
Morocco must be reviewed. The Moroccan website illionweb.com commented: “When
one admits that school plays a major role in shaping [people's] minds and
social skills, one realizes [what] impact instruction based on radical Islam
and Salafist ideas can have… The King's orders will enable combating radical
theories… They insist on the need to write curricula and schoolbooks based on
the values of the Moroccan people and the fundamentals of the [Moroccan]
national identity, while remaining open to [other] societies rich in knowledge.
It is [now] up to the relevant ministries to take action…”[4]
The
day after the Marrakesh Declaration was issued, Prof. Sami Aldeeb, a
Swiss-Palestinian expert on Islamic law, critiqued it on his blog. He claimed
that the declaration would be toothless unless a series of fundamental legal
were enacted by Muslim countries to truly end discrimination against their
religious minorities. Without these legal measures, the declaration was merely
"propaganda" and "a waste of time," he said.
Below
are details on the Marrakesh Declaration and excerpts from Aldeeb's critique.
The English translation of the Charter of Medina, the seminal work cited by the
declaration is provided in the appendix.
The
Marrakesh Declaration: A Commitment To The Charter Of Medina
The
full version of the Marrakesh Declaration was posted on the website of the
Morrocan government (habous.gov.ma) in French and Arabic; an executive summary
(presenting the main points of the declaration but omitting Koranic quotes and
the like) was posted on the conference's website (marrakeshdeclaration.org) in
French, Arabic, English, Dutch and Italian.
The
Marrakesh Declaration acknowledges that "conditions in various parts of
the Muslim World have deteriorated dangerously due to the use of violence and
armed struggle as a tool for settling conflicts and imposing one's point of
view." As stated, the declaration invokes the 7th century Charter of
Medina as a basis for guaranteeing human and citizen rights in modern Muslim
countries, since this charter guarantees the rights of religious minorities and
sets out "principles of constitutional contractual citizenship" (such
as freedom of movement, property ownership, equality before the law, and mutual
solidarity and defense). The declaration compares the Charter of Medina to the
UN's Universal Declaration of Human rights, saying they are “in harmony.” The
declaration calls on the people of the Muslim world to "rebuild the past by
reviving this tradition of conviviality, and restoring our shared trust that
has been eroded by extremists using acts of terror and aggression." In
also urges "Muslim educational institutions and authorities to conduct a
courageous review of educational curricula."
The
following is the text of the executive summary in English:
"In
the Name of God, the All-Merciful, the All-Compassionate
"Executive
Summary of the Marrakesh Declaration on the Rights of Religious Minorities in
Predominantly Muslim Majority Communities
"25th-27th
January 2016
"WHEREAS,
conditions in various parts of the Muslim World have deteriorated dangerously
due to the use of violence and armed struggle as a tool for settling conflicts
and imposing one's point of view;
"WHEREAS,
this situation has also weakened the authority of legitimate governments and
enabled criminal groups to issue edicts attributed to Islam, but which, in
fact, alarmingly distort its fundamental principles and goals in ways that have
seriously harmed the population as a whole;
"WHEREAS,
this year marks the 1,400th anniversary of the Charter of Medina, a
constitutional contract between the Prophet Muhammad, God's peace and blessings
be upon him, and the people of Medina, which guaranteed the religious liberty
of all, regardless of faith;
"WHEREAS,
hundreds of Muslim scholars and intellectuals from over 120 countries, along
with representatives of Islamic and international organizations, as well as
leaders from diverse religious groups and nationalities, gathered in Marrakesh
on this date to reaffirm the principles of the Charter of Medina at a major
conference;
"WHEREAS,
this conference was held under the auspices of His Majesty, King Mohammed VI of
Morocco, and organized jointly by the Ministry of Endowment and Islamic Affairs
in the Kingdom of Morocco and the Forum for Promoting Peace in Muslim Societies
based in the United Arab Emirates;
"AND
NOTING the gravity of this situation afflicting Muslims as well as peoples of
other faiths throughout the world, and after thorough deliberation and
discussion, the convened Muslim scholars and intellectuals:
"DECLARE
HEREBY our firm commitment to the principles articulated in the Charter of
Medina, whose provisions contained a number of the principles of constitutional
contractual citizenship, such as freedom of movement, property ownership,
mutual solidarity and defense, as well as principles of justice and equality
before the law; and that,
"The
objectives of the Charter of Medina provide a suitable framework for national
constitutions in countries with Muslim majorities, and the United Nations
Charter and related documents, such as the Universal Declaration of Human
Rights, are in harmony with the Charter of Medina, including consideration for
public order.
"NOTING
FURTHER that deep reflection upon the various crises afflicting humanity
underscores the inevitable and urgent need for cooperation among all religious
groups, we
"AFFIRM
HEREBY that such cooperation must be based on a "Common Word,"
requiring that such cooperation must go beyond mutual tolerance and respect, to
providing full protection for the rights and liberties to all religious groups
in a civilized manner that eschews coercion, bias, and arrogance.
"BASED
ON ALL OF THE ABOVE, we hereby: Call upon Muslim scholars and intellectuals
around the world to develop a jurisprudence of the concept of
"citizenship" which is inclusive of diverse groups. Such
jurisprudence shall be rooted in Islamic tradition and principles and mindful
of global changes.
"Urge
Muslim educational institutions and authorities to conduct a courageous review
of educational curricula that addresses honestly and effectively any material
that instigates aggression and extremism, leads to war and chaos, and results
in the destruction of our shared societies;
"Call
upon politicians and decision makers to take the political and legal steps
necessary to establish a constitutional contractual relationship among its
citizens, and to support all formulations and initiatives that aim to fortify
relations and understanding among the various religious groups in the Muslim
World;
"Call
upon the educated, artistic, and creative members of our societies, as well as
organizations of civil society, to establish a broad movement for the just
treatment of religious minorities in Muslim countries and to raise awareness as
to their rights, and to work together to ensure the success of these
efforts.
"Call
upon the various religious groups bound by the same national fabric to address
their mutual state of selective amnesia that blocks memories of centuries of
joint and shared living on the same land; we call upon them to rebuild the past
by reviving this tradition of conviviality, and restoring our shared trust that
has been eroded by extremists using acts of terror and aggression;
"Call
upon representatives of the various religions, sects and denominations to
confront all forms of religious bigotry, vilification, and denegation of what
people hold sacred, as well as all speech that promote hatred and
bigotry;
"AND
FINALLY, AFFIRM that it is unconscionable to employ religion for the purpose of
aggressing upon the rights of religious minorities in Muslim countries.
"Marrakesh
"January
27th, 2016"
Swiss
Palestinian Expert on Islamic Law Sami Aldeeb Criticizes the Declaration
On
January 28, 2016 , Prof. Sami Aldeeb, a Swiss-Palestinian expert on Islamic
law, critiqued the Marakesh Declaration on his blog, Savoir ou se Faire Avoir ("To
Know or to be Fooled").[5] The article states that, if the
signatories of the declaration were sincere in their intention to stop
discrimination against religious minorities in the Muslim world, they should
have complemented their declaration with a set of amendments that must be made
to the laws and constitutions of Muslim countries. These changes include
constitutionally disestablishing Islam as the State religion; removing
all discriminatory legal provisions favoring Muslims over non-Muslims in the
area of religious freedom and freedom of expression and in the domains of
marriage, guardianship of children and inheritance; establishing a unified law
allowing members of all faiths to build their places of worship wherever they
live; and removing religious references in personal documents and in laws
defining eligibility for public service. "Unless the Marrakech Declaration
is interpreted in the spirit at the legislative level, this declaration is
pure propaganda with no significance, and is a waste of time," he says.
Below
is an English translation of Sami Aldeeb’s blog entry, provided by the author
himself.
"If
the signatories of [the Marrakesh Declration] were sincere in their intentions,
they should have presented the following demands to the legislative echelon [in
Muslim countries]:
"1)
Remove the constitutional articles that make Islam the state religion. The
state is an administrative institution that manages the affairs of the people
based on citizenship, not religion. The state cannot have a religion: it
does not pronounce the Attestation of Faith, does not pray or fast, does not
pay zakat (charity) and does not make the pilgrimage [to Mecca]. These five
pillars of Islam can only be performed by individuals. Considering Islam as the
state religion means that it has priority over other religions and that the
followers of Islam have more rights than the followers of other religions.
"2)
Remove all legal provisions which distinguish between Muslims and non-Muslims
in the area of religious freedom and freedom of expression. This involves the
removal of all articles relating to apostasy from the laws of Arab and Islamic
countries, including from the Unified Arab Penal Code that was approved by all
Arab ministers of justice.[6] This penal code, published on the website
of the Arab League, should be amended so as to conform with Article 18 of the
Universal Declaration of Human Rights, which says: 'Everyone has the right to
freedom of thought, conscience and religion; this right includes freedom to
change his religion or belief, and freedom, either alone or in community with
others and in public or private, to manifest his religion or belief in
teaching, practice, worship and observance.' At the same time, all fatwas
issued by Islamic organizations on apostasy should be declared null and void.
All legal provisions that prohibit the circulation of non-Islamic religious
books in some countries and forbid proselytizing for any religion other than
Islam should be abolished.
"3)
Remove all legal provisions which distinguish between Muslims and non-Muslims
in the field of marriage, custody of children and inheritance. This involves
the removal of all legal provisions relating to this area from the laws of
Arab and Islamic countries, including from the Unified Arab Personal Status
Code approved by all Arab ministers of justice [as part of the Unified Arab
Penal Code]. These laws allow a Muslim man to marry a non-Muslim woman from
among the People of the Book [i.e., a Jew of Christian], but forbid the
marriage of a non-Muslim man to a Muslim woman, and impose Islam on that
the children of mixed marriages, without granting freedom of choice [in this
matter] to the child’s parents. They also bar apostates from marrying,
inheriting and [receiving custody of] children. These countries must abolish
all religious courts, unify the personal status laws, and adopt civil marriage.
Furthermore, they must ensure that these laws conform to the first
paragraph of Article 16 of the Universal Declaration of Human Rights,
which says: 'Men and women of full age, without any limitation due to race,
nationality or religion, have the right to marry and to found a family. They
are entitled to equal rights as to marriage, during marriage and at its
dissolution.'
"4)
Establish a unified law pertaining to places of worship, allowing all
[citizens] to build places of worship wherever they are, including in Saudi
Arabia, and to practice their religion. Moreover, abolish the law banning
non-Muslims from Mecca and Medina, as well as the ban on naturalization of
non-Muslims in some countries.
"5)
Remove legal provisions that restrict individual freedom during Ramadan or
in the performance of prayer, or punish individuals who do not fast or pray.
"6)
Remove the reference to religion from personal documents and from laws
defining eligibility for public service, including the presidency of the state
and the various ministries.
"7)
Guarantee the right to a decent burial for everyone, whatever their religion.
The current system discriminates on the basis of religion and does not
guarantee a dignified burial to those designated apostates.
"8)
Eradicate all the Islamic norms pertaining to jihad and to related practices such
as the abduction of women, the imposing of the jizya tax, the requirement that
members of religious sects that 'have no religious scriptures' must either
accept Islam or die, and other practices that violate international
conventions, particularly the Geneva conventions on war.
"9)
Reform textbooks, from kindergarten to university level, and
modify the content of media programs and mosque sermons that is contrary
to the above requirements, and declare as null and void all fatwas that are
contrary to these requirements.
"Unless
the Marrakech Declaration is interpreted in this spirit at the legislative
level, this declaration is pure propaganda with no significance, and is a
waste of time."
APPENDIX
– The Text Of The Charter Of Medina
The
following translation is presented in Guillaume's The Life of Muhammad.[7]
In
the name of God the Compassionate, the Merciful.
(1)
This is a document from Muhammad the Prophet (governing the relations) between
the believers and Muslims of Quraysh and Yathrib, and those who followed them
and joined them and labored with them.
(2)
They are one community (umma) to the exclusion of all men.
(3)
The Quraysh emigrants according to their present custom shall pay the bloodwit
within their number and shall redeem their prisoners with the kindness and
justice common among believers.
(4-8)
The B. ‘Auf according to their present custom shall pay the bloodwit they paid
in heatheism; every section shall redeem its prisoners with the kindness and
justice common among believers. The B. Sa ida, the B. ‘l-Harith, and the B.
Jusham, and the B. al-Najjar likewise.
(9-11)
The B. ‘Amr b. ‘Auf, the B. al-Nabit and the B. al-‘Aus likewise.
(12)(a)
Believers shall not leave anyone destitute among them by not paying his
redemption money or bloodwit in kindness.
(12)(b)
A believer shall not take as an ally the freedman of another Muslim against
him.
(13)
The God-fearing believers shall be against the rebellious or him who seeks to
spread injustice, or sin or animosity, or corruption between believers; the
hand of every man shall be against him even if he be a son of one of
them.
(14)
A believer shall not slay a believer for the sake of an unbeliever, nor shall
he aid an unbeliever against a believer.
(15)
God’s protection is one, the least of them may give protection to a stranger on
their behalf. Believers are friends one to the other to the exclusion of outsiders.
(16)
To the Jew who follows us belong help and equality. He shall not be wronged nor
shall his enemies be aided.
(17)
The peace of the believers is indivisible. No separate peace shall be made when
believers are fighting in the way of God. Conditions must be fair and equitable
to all.
(18)
In every foray a rider must take another behind him.
(19)
The believers must avenge the blood of one another shed in the way of
God.
(20)(a)
The God-fearing believers enjoy the best and most upright guidance.
(20)(b)
No polytheist shall take the property of person of Quraysh under his protection
nor shall he intervene against a believer.
(21)
Whoever is convicted of killing a believer without good reason shall be subject
to retaliation unless the next of kin is satisfied (with blood-money), and the
believers shall be against him as one man, and they are bound to take action
against him.
(22)
It shall not be lawful to a believer who holds by what is in this document and
believes in God and the last day to help an evil-doer or to shelter him. The
curse of God and His anger on the day of resurrection will be upon him if he
does, and neither repentance nor ransom will be received from him.
(23)
Whenever you differ about a matter it must be referred to God and to Muhammad.
(24)
The Jews shall contribute to the cost of war so long as they are fighting
alongside the believers.
(25)
The Jews of the B. ‘Auf are one community with the believers (the Jews have
their religion and the Muslims have theirs), their freedmen and their persons
except those who behave unjustly and sinfully, for they hurt but themselves and
their families.
(26-35)
The same applies to the Jews of the B. al-Najjar, B. al-Harith, B. Sai ida, B.
Jusham, B. al-Aus, B. Tha'laba, and the Jafna, a clan of the Tha‘laba and the
B. al-Shutayba. Loyalty is a protection against treachery. The freedmen of Tha
‘laba are as themselves. The close friends of the Jews are as themselves.
(36)
None of them shall go out to war save the permission of Muhammad, but he shall
not be prevented from taking revenge for a wound. He who slays a man without
warning slays himself and his household, unless it be one who has wronged him,
for God will accept that.
(37)
The Jews must bear their expenses and the Muslims their expenses. Each must
help the other against anyone who attacks the people of this document. They
must seek mutual advice and consultation, and loyalty is a protection against
treachery. A man is not liable for his ally’s misdeeds. The wronged must be helped.
(38)
The Jews must pay with the believers so long as war lasts.
(39)
Yathrib shall be a sanctuary for the people of this document.
(40)
A stranger under protection shall be as his host doing no harm and committing
no crime.
(41)
A woman shall only be given protection with the consent of her family.
(42)
If any dispute or controversy likely to cause trouble should arise it must be
referred to God and to Muhammad the apostle of God. God accepts what is nearest
to piety and goodness in this document.
(43)
Quraysh and their helpers shall not be given protection.
(44)
The contracting parties are bound to help one another against any attack on
Yathrib.
(45)(a)
If they are called to make peace and maintain it they must do so; and if they
make a similar demand on the Muslims it must be carried out except in the case
of a holy war.
*Nathalie
Szerman is head of the French Department at MEMRI.
Endnotes:
[1] For more on the Marrakesh Declaration, see
MEMRI Daily Brief No. 76, Marrakesh: Steps Towards A Solution Or Confusion?,
February 6, 2016.
[2] Ibn Taymiyya's condemnation of the
semi-Islamized Mongol Ilkhans as no better than infidels (kufar) set the stage
for the much later takfiri extremists of the 20th century and beyond to declare
any Muslim they disagreed with as infidels deserving death. See MEMRI Daily
Brief No. 76, Marrakesh: Steps
Towards A Solution Or Confusion?, February 6, 2016.
[3] See MEMRI Inquiry and Analysis No. 1205, Delegitimizing ISIS
On Islamic Grounds: Criticism Of Abu Bakr Al-Baghdadi By Muslim Scholars,
November 24, 2015.
[4] Illionweb.com, February 8, 2016.
[5] Blog.sami-aldeeb.com, January 28, 2016.
[6] The Unified Arab Penal Code was drafted in
1986 by the Arab League, but has not been adopted by any Arab state (Rudolph
Peters, Crime and Punishment in Islamic Law, Cambridge UP, 2005, p. 153).
[7] A. Guillaume, The Life of Muhammad —
A Translation of Ishaq's Sirat Rasul Allah, Oxford University Press, Karachi,
1955; pp. 231-233, http://www.constitution.org/cons/medina/con_medina.htm.