Rolling out the Red Carpet

I welcome you to my blog and hope that you will like the tour. Please leave your footmarks with comments and feedback. This will through and through enhance my knowledge and profundity of thought. Enjoy! Asif J. Mir

Friday, February 13, 2009

About Pakistan-China Relationship

Out and out, good neighborly relations not only aid and abet regional peace but also cohere world peace at large. Sustaining from the last quite a few decades, the tried and true Pakistan-China bonds of friendship have not been scrutinized much as a case study. As a consequence the classic example of unprecedented model in international relations could not be brought to the fore.

Inspired from the associated dynamism that this model offered, I singled out ‘Pakistan-China Boundary Settlement’ as the subject matter. While carrying through this work, as a sine qua non, I cut across some such mines of logical information, which were rare and inaccessible to few and far between.

I picked out China as a subject of thought in my authorship, centering on the evolution and growth of Pakistan-China relations.

Word for word, this paper dissertates about the unparalleled and distinctive features of Sino Pakistan relationship. It arguably asserts that the relationship between a bigger and smaller nation based on bilateralism is indeed exceptional and unprecedented. Despite firm external opposition, this relationship has not just withstood elegantly, it has also sustained warmth and fervor.

China’s economic assistance to Pakistan has always been altruistic, with no strings attached and devoid of any expectations of a quid pro quo. In times of need, China has always come up to the expectations of Pakistan and provided crucial support. World is beholden to its admired role during the 1965 Pakistan-India war followed by its creditable diplomatic support in 1971 war.

We have also witnessed with grateful heart the generosity demonstrated by China in the boundary demarcation with Pakistan in Northern Areas that virtually ceded 1250 sq km territory and relinquished its ripe old age claim on Hunza and surrounding territories. Over and above, Pakistan’s claim on all the Passes along the Karakorum Range was also recognized by China. In point of fact, China is the only country that really made Pakistan self-reliant in industrial sector. It did so not through economic aid but transfer of technology. Its technical support in establishing a sound base for rapid industrialization is simply superb. Last but not the least, China was the first and foremost country that ruptured the so-called nuclear blockade imposed on Pakistan under US pressure from 1976 onward and installed Nuclear Power Plants in the country.

Backwards and forwards, despite considerably under Western predominance, Pakistan never compromised its support for China. Indeed, it was Pakistan’s unswerving diplomatic support that helped China in squatting at the right and proper place in the United Nations. And who can disremember Pakistan’s via media role in founding American – China diplomatic relations in late 70s?

In the post cold war era, China is no more depending on few friends and extending relations with every country across world, courtesy its foreign policy based on bilateralism. Both, history of China and its national character demonstrate that they never give up friends and benefactors. Heaven be praised! Pakistan proudly stands tall in Chinese perceptions.

I also focus on China’s internal dynamics and shed light on Chinese political system, present constitution, confronting challenges, and its emergence as a potential global Power of the 21st century. Asif J. Mir, Organizational Transformation

Mish-mash Relationships

A doctor on inspection of a lunatic asylum asked a mental patient: “You seem to be quite serious and sensible. I wonder what brought you here?”
The patient replied solemnly: “You are right doctor. I was a sane person previously. Some years ago, I married a widow who had an eighteen years old daughter. Coincidentally, my father liked the girl and married her.
Their marriage made my wife the mother-in-law of my father and me father-in-law of my own father.
After sometime, my wife’s daughter who was the wife of my father gave birth to a son. That child was my brother and at the same time my wife’s grandson was obviously my grandson. So I became the grandfather of my own brother.
My wife also gave birth to son. My father’s wife became the sister and grandmother of her brother.
Think for a while doctor, how could my son become his grandmother’s brother?
My wife’s daughter was my stepmother and my son’s sister. In this scene my son was my uncle also and I was grandfather of myself. Then my father’s son, who was the son of my wife’s daughter and who was my grandson . . . . . ”
Doctor (holding his head) said: “Oh stop this nonsense. Damn you mad man, I am getting mad too . . . ”
Asif J. Mir,
Organizational Transformation

Wednesday, February 11, 2009

Just about Beaux Yeux

When the eye sees something beautiful, hand wants to draw it, take photographs, or describe it to other people. Sometimes it gives rise to exact replication and other times to resemblances and still other times to things whose connection to the original site of inspiration is unrecognizable.

Beauty gives blissful pleasure – which is why it is sought after. We all seem to possess an inner need for beauty that is both primitive and rather intensive. Everybody wants to experience beauty, and to be beautiful – whole industries are built on these needs. We are ready to make sacrifices, some small and some great, in our pursuit for beauty; we travel to the other end of the world to experience the beauty of nature, or some famous work of art; we buy high prices for Margalla Tower apartments with wonderful views, as well as for works by well-known masters – examples of appreciation of aesthetic qualities are plenty, and easy to find.

Beauty is the greatest power in this world. Obviously, then, it is a power to be reckoned with, and only a fool would neglect trying to understand such might.

Beauty can be arbiter of the myriad decisions needed to build whole ecological, truly sustainable solutions, whether it is a building, a sewage system or agricultural plan.

We are beginning to sense that even those paths lay out by science and logic may not take us to where we wish to be. Beauty may not be the way but it can help us in choosing the how. Einstein wrote that, "The theory that turned out to be true, was also the most beautiful.”

At the present time, we have a great many of the tools and technical know-how to make a new world...everything from stainless steel hipbones to sustainable houses and cities. But how do we relate this know-how to life and each other so that it truly serves life? It is here that a sense of beauty and esthetics can help us give form and meaning to what otherwise would be a scattering of possible solutions. It is as if we had all the parts of a human being spread out before us. It depends how we put them together into an elegant and sympathetic whole.

There is a connection of beauty to love. Both of these qualities can open within us feelings and sensing that seem to be outside of fear. Putting aside fear even for a moment begins to change things. Somehow beauty and love awaken the part in us that allows us to be ourselves. This is to give light. It can come through an individual or a work of art. It is very much one human reaching to another and allowing for the wholeness of the other.

We underrate even our traditional concept of beauty. Why is nature so prolific in endowing its creatures with magic of form, color, and diversity? Is it merely for competition and pre-creation? Or does the beauty of the flower or a maiden dressed in her beaded buckskin change the rules of the game? For the Hindu woman, to adorn herself is to decorate the temple of the Lord.

We will rediscover beauty in future. Not the pretty of the 19th century or the ugliness of our century, but a robust kind of beauty that accepts the intertwining of chaos and order, and of darkness and light...one that guides and transforms life because it seems life as a whole. We can learn to put a sense of beauty to work for us.

One asks people who are individually opposed to beauty to think in terms of our whole era or even century: “Do you hope that when people in the twenty-first and twenty-second centuries speak of us (the way we so effortlessly make descriptive statements about people living in the nineteenth or eighteenth or seventeenth centuries), do you hope these future people will describe us as beauty-loving or instead as neutral with respect to beauty or instead as beauty-disregarding?” We will be spoken about by future people as beauty-loving. Does it not seem reasonable to suppose that many people might give this same answer?

Let us suppose this and then see what it would mean—it would mean, oddly, that although beauty is highly particular and plural, one can suffer its loss to oneself, or even to those within the daily circle of one’s activities, but cannot wish so grave a loss to the larger world of which one is a part, to the era in which one has lived. Neither from one’s own century nor from any future century can one imagine its disappearance as anything but a deprivation.

In the future, it would be interested to further investigate into what kind of simplicity would be right for creating trustworthy design. Graphic designers often complain that usability experts always want design that is too simple, that is, boring. Simplicity in this sense is a kind of stripped simplicity – the design is stripped naked of all fancy features, colors, and flashy, moving objects. Is this what people really want? Or could there be a second kind of simplicity that they actually mean, designed simplicity – clear, and clean like Swedish wanted, but in a stylistic and beautiful way that does not lessen the pleasure provided, even if it lessens the elements? We think it is this latter form of simplicity that is asked for.

In the not so distant future, there will be novel interfaces that make use of different modalities. We will have voice and haptic interfaces embedded in our devices, in our clothes, or even in our bodies. These will bring with them many new challenges for interface design, and it is clear that aesthetic dimensions will be among the most important ones. These novel means of interaction may promote aesthetic experience to its peak through turning this experience into a more complete total experience. Asif J. Mir, Organizational Transformation

Tuesday, February 10, 2009

Issues Face-to-face South Asia

Music of Earth is never dead. Symbolically, the truth of this statement is verified in the folk songs of Asian peoples. The oriental queens of melody, like Abida Perveen, Lata Mangeshkar, continue to sing of the agonies of a heart that refuses to submerge its feelings in the complexities of modern age. In the domain of art, literature, paintings, culture, the music of love, of beauty, of life and nature, of horrors of war, of agonies, of racial discrimination and frantic cries of the oppressed continue to permeate the fibers of man's creative art. Art is stated to be a defense against fate. The fate is, however, being made miserable by the forces that have made world affairs difficult to handle. In South Asia the plague spots have emerged in the environment of those areas that do not augur well for survival of a peaceful world ---a world where peace could and should win over forces of war and destruction.

The scientific inventions in all fields of human endeavor have undoubtedly brought comforts to our world, but not without its side effects. Peoples in South Asia live miserable lives full of chaos and tension. They feel insecure. They are not confident about regional peace. The issues that can possibly lead to war still remain potential threat to peace. The terrorism has emerged as a new enemy of humanity. The unprecedented arms race continues in the mainstream of unprecedented population growth. All resources are being consumed in buying destructive arms. But the people want food, shelter and jobs. They require medicines for their sick. They need books for their children. They yearn to live in an environment that is free of problems, free from exploitation and free from tension.

World affairs have come to such a pass that no prospect for peace seems to be visible even at the farthest end of horizon. The events such as Mumbai attacks in South Asia tend to damage our hope for world peace. Mind agitates to ask: Who would stem this tide of emerging chaos, confusion, and moving tension? Should we wait for a certain Messiah to bless life in our sagging spirits, which have become dead under the burden of inertia of idle hours?

The symptoms of fanaticism—mother of terrorism in all forms, exploitation, racial discrimination and a growing fear of insecurity being felt by the down trodden of South Asia, must put us all on alert. We must take some such steps as could crush snakes in grass that threaten peace.

The recession in world economy is casting its shadows on the economic developments in South Asia. The yellow lights of sunset of dollar augur well for this raw material producing region. They should, however, exercise their sovereignty over their exclusive right to fix prices for their raw material to such a level as could cover the expenses incurred on the imported machinery and equipment.

The World Bank and IMF have given free hand to plunder the material resources of this region. The horrible rate of population explosion has, however, got to be controlled without which the economic growth cannot be accelerated.

South Asia is bursting, as it seems, for the birth of a new economic cooperation—cooperation for economic dispensation that suits both the region and the developed world.

South Asian nations should turn away from centralized management and government controls and toward the incentives and rewards of the free market. They should invite their citizens to develop their talents and abilities to the fullest and provide jobs, create wealth, build social stability and foster faith in the future of all. The economic summits of the industrial democracies have already paid tribute to these principles.

The leaders of the South Asia should welcome the call for reform leading to greater reliance on their private sectors for economic growth. Overcoming hunger and economic stagnation requires policies that encourage regions own productivity and initiatives. Such a policy framework will make it easier for the rest of the world to help. The laws of economic incentives should not, nevertheless, discriminate between developed and developing countries. They should apply to all equally.

Much of the recent recovery in the world economy can be directly attributed to the growth of economic freedom. And it is this trend that offers such hope for the future. And yet this new hope faces a grave threat: the menace of trade barriers.

The Charter of the United Nations is based not only on avoiding the scourge war but also on establishing the conditions for friendly relations among nations and on solving problems of an economic, social, cultural or humanitarian character, for the development and preservation of peace.

Notwithstanding the foreboding of the prophets of doom, the efforts for peace, at all levels, by all men who matter at national affairs of every country, should be made. It is high time that all countries of the region should hearken to the call of their conscious—the demand for peace.

Breakthroughs in resolving regional conflicts in South Asia have been accompanied by an explosion of national and ethnic clashes; many of them related to the collapse of old centers of power. It is not surprising that there is a talk of both a new world order and a new world disorder. They are like two sides of the same coin. One side represents mankind's ideals and aspirations, the other its fears and hatreds.

Forces of integration and disintegration are shaping the region of South Asia simultaneously. Terrorism has peeped out as high powered force of disruption—a destabilization factor. Viewed from one angle, modern communications, technology, trade, and the appeal of political and economic freedom have the potential to create a global democratic capitalist society where international cooperation will be more successful than in the past.

The issue of human rights, as it has emerged out of the ideas of the enlightenment, still remains alien to certain South Asian countries. The Universal Declaration of Human Rights adopted by the United Nations is now more or less five decades old. Born out of the holocaust and the atrocities of World War II, the Declaration outlaws murder, torture, and political imprisonment. These steps reflect the lessons of the Second World War, which demonstrated that internal regimes were not just a domestic matter but could they become a menace to world peace. This Declaration was adopted in the final years of Stalinist rule, when mass repression was still institutionalized, seemed to many to be a hypocritical gesture. In many of the signatory countries this characterization remains true, but the human rights are being violated at alarmingly rate in this region. The law enforcing agencies, in this region, are committing rapes murders, torture and other atrocities. Kashmir is just one illustration.
A search for peaceful resolution to the Kashmir issue, however, should be the focus of international experts in the emerging discipline of interactive and diplomatic conflict resolution. Dialogues on conflict resolution, bridging theory and practice and striving for a plebiscite in dealing with this international conflict should receive top priority.

Water has become another great threat to peace. The Indus River Basin has been an area of conflict between India and Pakistan. Spanning 1,800 miles, the river and its tributaries together make up one of the largest irrigation canals in the world. The basin provides water to millions of people in northwestern India and Pakistan. Dams and canals built in order to provide hydropower and irrigation has dried up stretches of the Indus River. Water projects have further caused the displacement of people and have contributed to the destruction of the ecosystem in the Indus plain.

The enmity between India and Pakistan over water started early when India discontinued water supplies to Pakistan. Hard bargaining and the mediation of the World Bank led to the world acclaimed Indus Water Treaty in 1960. The treaty allocated the three Eastern Rivers — Ravi, Sutlej and Beas — to India, the three Western rivers — Indus, Jhelum and Chenab — to Pakistan.

A permanent commission known as the Indus Waters Commission was constituted to resolve the disputes between the parties. This treaty is globally respected that it has survived wars and periods of acute tension between the two hostile neighbors. However, the treaty has encountered hiccups wherein some contentious issues have cropped up.

If India and Pakistan take a political decision to restructure their relations, they will have to ensure that water serves as a flow to bring them together, rather than taking them further on the course of conflict.

Modern societies are moving away from the belief that there always will be conflict. There are now situations where we can marginalize conflict and where great changes can be made if parties can be led to perceive the causes of their disputes in new way.

In addition to regional disputes, the grave threat of terrorism also jeopardizes the hopes of peace. No cause, no grievance can justify it. Terrorism is heinous and intolerable. It is the crime of cowards who prey on the innocent, the defenseless and the helpless. The region should come up with modern approach to countering terrorism.

The maniacal arms race is dominating the economies of the poor South Asian countries. The bulk of their budgets go in buying or developing destructive arms and ignoring major issues. Days in and days out, voices are raised that arms control has become the dire need of the day.

In 455, the Eastern Roman Emperor, Marcian prohibited the export of all weapons and materials for making weapons, to the barbarians. The 1968 treaty on the Non-Proliferation of Nuclear Weapons (NPT) and the 1987 Missile Technology Control Regime (MTCR) bear more than a casual resemblance to Marcian' s policy enunciated fifteen hundred years earlier.

But then, as now, a mixture of politics and greed rendered control over the supply of weaponry an expedient of only temporary and partial value, at best. Lethal instruments are not important, but they acquire their significance from politics. The Huns and barbarians, no doubt, found the Roman supply blockade of weapons to be an inconvenience. Today the NPT and the MTCR similarly are inconveniences, but only inconvenient, to would-be acquirers of nuclear weapons and missiles.

But if politics subverts arms control, so does it facilitate arms control. Speaking in the House of Commons on July 13, 1934, Sir Winston Churchill claimed, "It is the greatest possible mistake to mix up disarmament with peace. When you have peace you will have disarmament.”

We can be hopeful about the world and the prospects for freedom We only need to look around to see the new technologies that may someday spare future generations from the nightmare of nuclear terror, or the growing ranks of democratic activists and freedom fighters, or the increasing movement toward free market economies, or the extent of worldwide concern about the rights of the individual in the face of brute state power.

Nonetheless, it is high time for the governments of South Asia to hate all tensions that create exploitation, war and bloodshed. They should promote peace, liberty, justice, democracy and human rights. However, when peace is denied, liberty is snatched, justice is taken away and democracy usurped, they should support all such efforts at all governmental and non-governmental levels that aim at restoring basic rights everywhere. They all should put in their best to ensure that the beautiful world of ours continues to pulsate with heartbeats of life, music and love.

The potential for a lasting peace is there. The potential for a destabilizing peace is there, too. If the leaders of the South Asia fail to face the problems head on, they have the ingenuity. They have the need. Only the question remains: Do they have the will? I think, they do. Asif J. Mir, Organizational Transformation

Monday, February 9, 2009

Ijtihad: The Road to Spiritual Democracy

Abstract
The ultimate spiritual basis of all life, as conceived by Islam, is eternal and reveals itself in variety and change. Without freedom and democracy ijtihad cannot be performed. Democracy is the key to opening up ijtihad—the key to solving the principal problems confronting the Muslim world today. That is the thesis of this paper. It discusses ijtihad and its role in addressing the contemporary needs of Muslim societies. My paper also explicates the way ijtihad works, and how can it be used to address the needs of Muslim societies in the twenty-first century. It brings into question: Who has the right to perform ijtihad, and how should Islam adapt to changing societal conditions, needs, and priorities in its quest for social justice and equality?

This paper also converges on the needed solutions to the prevailing crisis and development of modern Muslim societies and reconciling their understanding of Islam and the message of the Quran with changing needs, circumstances, and priorities in Muslim societies.

Permanence and Change
Perpetual change, adjustment, and movement-inevitable aspects of human society-have been recognized by every succeeding generation, as it marks its losses and gains.

Yet, at any given time, there is a local sense of continuity. But every culture, of course, experiences both continuity and change: over the longest term, these changes may be so radical that they amount to a new cultural or socio-economic form, but in the shorter term they are more often a change of content, not of form.

Whereas the basic principles that govern economy and society may stay the same, many of the devices, rules, and customs that mediate between these principles, on the one hand, and material production, on the other, are constantly developing.

Any loyalty to a social system makes sense only when we recognize the existence and importance of deep feelings of continuity, which are perhaps the very essence of a sense of culture.

In order to find reconciliation between stability and change, Islamic society finds eternal principles to regulate its collective life; for the eternal gives us a foothold in the world of perpetual change.

Change is inevitable in human life and society. Dr Muhammad Iqbal, recognized as the Poet of the East, also says that it is only revolution, which is permanent and everything else keeps on changing. In the event of constant change, can religion and religious law remain unchanged? Again the important question is what is permanent in religion? Is there any component, which changes? Does divine mean something static? Then what is the meaning of the Quranic verse ...every day He manifests Himself in yet another (wondrous) way (29:55).

Ijtihad
However since eternal principles can also be debilitating if they are understood as excluding all change, the dynamism of ijtihad is necessary. Ijtihad keeps its body and soul together with the principle derived from Quran: Nor should the believers all go forth together: If a contingent from every expedition remained behind. They could devote themselves to studies in religion, and admonish the people when they return to them—that thus they (may learn) to guard themselves (against evil). (9:122)

The science of ijtihad (or reasoning and interpretation) was developed by Muslim scholars in order to understand and apply the message of the Quran to varying societal needs and conditions. This process is based not only on the Quran and religious tradition (sunna), but also on reason, and prioritization.

Ijtihad has the meaning of being an authority in the matters of Islam; but there are two ways of being an authority and deriving opinions in the matters of Islam: one which is in accordance with the shari`a, and one which is forbidden by it.

Now, the kind of ijtihad which, in my opinion, is forbidden is that which means legislating or enacting the law, by which we mean that the mujtahid passes a judgment which is not in the Quran or the Sunna but according to his own thought and his own opinion. The sources of legislation, and the valid proofs for determining the shar`ia, are given as the Book, the Sunna and ijtihad.

The commands which are given in the shari`a from the Book and the Sunna are limited and finite, whereas circumstances and events which occur are not, so another source in addition to the Book and the Sunna must be appointed for the legislation of Divine commands - and that source is the very same as we have defined as ijtihad alra'y.

Ijtihad gradually found a wider meaning, i.e., the employment of careful consideration and reasoning in reaching an understanding of the valid proofs of the shari`a. This, of course needs a series of sciences as a suitable preliminary basis on which to develop the ability to consider and reason correctly and systematically. The `ulama of Islam gradually realized that the deduction and derivation of the precepts from the combined valid proofs of the shari`a necessitated the learning of a series of preparatory sciences and studies such as the sciences of literature, logic, the Quranic sciences and tafsir (Quranic exegesis), the science of hadith and the narrators of hadith (rijal alhadith), the science of the methodology of usul alfiqh, and even a knowledge of the fiqh of the other sects of Islam. A mujtahid was someone who was a master of all these sciences.

Ijtihad as used today means competence and expert technical knowledge. It is obvious that someone who wants to refer to the Quran and hadith must know how to explain the meaning of the Quran, he must know the meaning of the verses, which verses abrogate which verses, which ones have clear meanings and which ones ambiguous meanings - and he must be able to distinguish which hadith is valid and authoritative and which not. In addition, he must understand, on the basis of correct rational principles, incompatibilities between hadiths to the extent that it is possible for him to resolve them. In the verses of the Quran themselves, and similarly in the hadith, a series of general principles for verification and interpretation are laid down, and the use and exercise of these principles need training and practice, just as in the case of all other basic principles in every science. Like the skilled technician who knows which material to choose from all the materials available to him, the mujtahid must have proficiency and ability. In hadith, especially, there is a great deal of fabrication, the true and the false are mixed together; the expert must have the power to distinguish between them. In short, he must have enough preliminary knowledge so that he can exercise competence, authority and technical expertise.

Every day Muslims are faced with new problems in their lives, and they do not know how to confront them as Muslims. Basically, the 'secret' of ijtihad lies in applying general principles to new problems and changed circumstances. The real mujtahid is one who has mastered this secret, who has observed how things change, and subsequently how the rulings on them have changed.

The work of a mujtahid is the deduction and derivation of the precepts of the shari`a; but his knowledge and understanding of all things, in other words, his worldview, has a great influence on the decisions he makes. If we imagine a mujtahid who is always sitting in the corner of his house or his madrasa, and compare him with a mujtahid who is conversant with the currents of life, both of them refer back to the valid proofs of the shari`a, but each one of them will derive his legal rulings in a particular way, using a particular method.

In all the world's sciences - medicine, mathematics, law, literature and philosophy - branches of specialization have been created, and for that very reason progress has been accelerated in each of these branches. Some mujtahids also take as their specialization `ibadat (the rites of Islam), and others mu`amilat (transactions), some siyasat (politics), and other ahkam (criminal law); Thus, each mujtahid can study his own branch more thoroughly.

Many people wonder why it is that the mujtahids differ at times in their decrees, when the basis of their Ijtihad are the same. It should be observed that difference in scientific opinions is not to be taken as a sign of a substantial defect in the quest for knowledge. It is rather, a sign that knowledge moves in progressive steps towards perfection. Differences of opinions are to be found in all sciences, not just in fiqh.

A mujtahid who may sometimes make a mistake while practicing the act of deriving Islamic laws from their original sources - the Quran and the sunnah - but his mistake is not done blindly and at random but due to his insufficiency or inadequacy in his scientific tools or his self capacity which causes him to be unable in deriving legal law as it is formulated in the world of law and a divine Shari'ah.

Contrarily, an example is a case in which Imam Muhammad Ibn Idris al-Shafi'i, one of the founders of Islamic jurisprudence, gave a certain legal opinion in Baghdad. One year later he moved to Cairo, and in response to the same question he gave a very different opinion. Someone questioned him, "Oh Imam, last year in Baghdad you gave a different answer," and he replied, "That was in Baghdad and this is in Cairo. That was last year and this is now." When employing ijtihad, scholars considered the time, place, norms, and prevailing conditions when they rendered their religious advice and opinions.

Some scholars depend on some of these sources in formulating laws while others refuse to do so pointing out the drawbacks of these sources.

It is useful to point out the main principles, which serve as necessary conditions in the process of juristic reasoning (Ijtihad). Among them are the following:
1. Certainly, the Quran and sunnah are two main sources in formulating Islamic laws.
2. No one has the right to give his own Ijtihad in any case whenever there is a legal law in the Book of Allah and the Prophet's sunnah. "...And whatever the Messenger gives you accept it, and whatever he forbids you, abstain (therefrom)" (59:7)
3. Only one judgment for one subject falling under the same circumstances and conditions, and which represents the pure legal opinion.
4. The laws discovered by the faqih are only estimated but not final and should therefore be subjected to scientific discussion and strict legal scrutiny.
5. As a result of the previous point, we should understand that the process of juristic reasoning is a critical one in which discovered opinion undergoes a thorough accurate criticism, and evaluation in order to arrive at the correct law. No juristic reasoning could be considered sound if it is not subjected to criticism and scientific discussion.
6. Juristic reasoning should be pure and free from any fanaticism or internal and external factors such as political and sectarian tendencies and should be capable of withstanding scientific analysis and criticism. Therefore, Ijtihad is a scientific process based on research and inquiry.

It is also important to bear in mind the two aspects of religion, and it applied to all religions of the world, i.e. transcendental and transient. The transcendental is immutable whereas the transient as the word itself indicates is subject to change depending on the contingencies of the situation. What we understand by the Shari'ah is composed of both the elements i.e. transcendent and transient or, in other words, the divine and human. The Quran also incorporates both the elements. For example the institution of slavery is a transient one whereas the concepts of human dignity, equality and fraternity are all transcendental.

In a fast changing world recourse to ijtihad is a must and Islam is among those religions which approves of healthy change and allows its believers to not only grapple with the changes taking place around them but also to strive to reapply Islamic principles of jurisprudence.

Spiritual Democracy
Religious establishments impose restrictions on the contemporary practice of ijtihad. Nonetheless, democracy and freedom of inquiry and expression are essential to the practice of ijtihad and to the successful reconciliation of Islam and modernity.

Today's proponents of ijtihad take a far more expansive view. "There will be no Islamic democracy unless jurists permit the democratization of interpretation. Political elites in the Muslim world have for centuries restricted the development of democracy and political accountability by hiding behind religious principles that they proclaim to be fixed in stone. In effect, for an end run around the entire traditional apparatus of Muslim jurisprudence. Believers should instead look directly to the Quran and to the practices of Muhammad (pbuh) and his companions, and use their own efforts at interpretation to build ethical communities.

The reformist interest in ijtihad is not new. For more than a century, Muslim scholars and activists have cited the concept as they have tried to respond to the trauma of colonialism and its aftermath. In his 1934 book The Reconstruction of Religious Thought in Islam, poet Dr Muhammad Iqbal, argued for transferring "the power of ijtihad from individual representatives of (legal) schools to a Muslim legislative assembly," which would build toward "spiritual democracy, which is the ultimate aim of Islam."

The latest proponents celebrate a much more inclusive model of ijtihad. No jurist can single-handedly interpret Islam. Shariah should be by shura," or consultation, he says. "We should all consult among ourselves and conclude what God is telling us. ... Interpretation of God's message is the quintessential quality of humanity. To take away from me my right to interpret Islam, you have to deprive me of my humanity.

Creativity built on the belief that there were always new possibilities available and that God gave us this earth and this life with permission to use them creatively. Legal reasoning—even the best legal reasoning—is not the solution to our problems. Our problems are not going to be solved by having scholars think more deeply. If we limit change and innovation to only those who have qualifications to reason from the text, we are not going to get anywhere.

It is hoped that by the conclusion of this paper, the audience will see Islam in a new light, not as a form of religious dogma, but as a guide to making choices based on intelligence and reason. New awareness almost always creates more questions to answers than answers to questions. It is this mode of thinking that allows for scientific progress. In principle, a democratic process allows and encourages all questions and points of view, even those, which challenge the principles of democracy, although this is the ideal more often than the reality. When the ideal is the reality, the process remains dynamic. In a dogmatic regime, the process becomes static, even in a supposedly democratic regime. The truth has been declared and no other point of view will shake it or change it. Asif J. Mir, Organizational Transformation

Sunday, February 8, 2009

Gawadar: A Strategic Partnership

Gwadar, as a seaport platform, was first recognized in 1964 yet it received serious attention in 2001 when China also condescendingly nodded yes to participate in the construction and development of the deep-sea port.

Gwadar, a fishing village of Baluchistan, is situated on the Arabian Sea coast, just 72 kilometers away from the Iranian border. Its proximity with the Persian Gulf and particularly Strait of Hormuz is way off 400 km that highlights its strategic significance. Strait of Hormuz is recognized as a principal water channel for worldwide oil transportation.

The role of China in Gwadar project is substantial and hypostatic. From the total cost of the project as US$1.16 billion, China has committed to contribute near enough $198 million for the first phase. This contribution is somewhere around four times over and above from what Pakistan is flinging around for this phase. This phase comprises construction of three multi-purpose ship berths. China has additionally drizzled $200 million for the construction of a highway networking Gwadar Port with Karachi. The financial aid of China has been supplemented by technical assistance that includes deployment of some 450 engineers and experts.

The second phase of Gawadar Project comprises nine more berths, an approach channel and storage terminals. China will also put up the money in this phase.

Once completed, both Pakistan and China visualize grandiose economic returns from Gwadar port. Project’s contribution to regional peace and stability will also be tremendous. First and foremost benefit, which Gwadar port will spur, to be gleaned by the under-developed Baluchistan. Augmented by infrastructure development in Baluchistan, the Gwadar project will transform it into an attractive investment hub.

Owing to its proximity with Strait of Hurmuz, through which 40% of the world's oil passes, Pakistan looks out for high economic returns from Gwadar port. This is going to be a key shipping point, bringing much-needed income for Pakistan. Once Pakistan completes the networking of its communication system with Afghanistan and CARs, this region will reverberate as a trade hub. Gwadar would provide landlocked Afghanistan and the Central Asian republics direct approach to the sea. These regional countries will thus be able to ship merchandise, oil and gas reserves to world markets through Gwadar port. Gwadar port may be designated as a free trade zone and an export-processing zone, simultaneously.

Gwadar provides China a transit terminal for crude oil imports from Iran and Africa to China’s Xinjiang region. Pakistan’s road and rail links to Afghanistan and CARs will also provide access to China to these markets.


Gwadar port, therefore, attaches great significance for both China and Pakistan. This will de-escalate the pressure on Karachi Port Trust in addition to lending a strategic advantage—India blocked Karachi in 1971 war causing negative bearings on Pakistan’s economy. In 1999 also when Kargil episode came about, India threatened to blockade Karachi port. Gwadar will make 725km far off from India and thus less vulnerable to Indian designs.

Owing to its propinquity to the Strait of Hormuz, Gwadar also promises many strategic prerogatives to China. Some 60% of China's energy supplies come from the Middle East. US that have significant presence in the region threaten these supplies.

From Gwadar, China can also monitor US naval activity in the Persian Gulf, as well as, Indian activity in the Arabian Sea and future US-India naval cooperation in the Indian Ocean.

India keeps in perspective China-Pakistan partnership at Gwadar and China's presence in the Arabian Sea apprehends fencing round by China from all sides. Iran also perceives the development of Gwadar port in its neighborhood as probable erosion of the impact of its ports, particularly Chabahar port that was built with India’s help.

Gwadar port symbolizes the story of two regional neighbors collectively, harmoniously and unanimously working to serve their corresponding strategic, economic and political considerations. Asif J. Mir, Organizational Transformation

Friday, February 6, 2009

21st Century Crime

Innovation unfortunately brings opportunities for crime. Innovative technologies will transform the future of crime and is likely to occur on two levels: (a) the continuation of traditional, age-old physical crime; and (b) the new form of electronic crime.

The types of household property that will increasingly be targeted by physical crimes are high-value, high-tech electronic and computer products. In the future, traditional physical crime will be counterbalanced, and perhaps surpassed, in scope and social impact by the theft from consumers and businesses of intangible property, in particular electronic services, knowledge, and even identities. These types of thefts will increasingly be committed via computer-based telecommunications vehicles. It is the theft of intangible products and services, through traditional physical means, and more significantly, by way of computer-aided vehicles, that represents the most dramatic change in the complexion of property crime of the future.

Whole new information markets are being opened up as playing fields for computer criminals. Much of the Internet economy revolves around advertising. And using databases of personal information targets much of this advertising. This information is extremely valuable, and could be stolen, and a black market of information created.

Many Pakistanis in urban cities now use ATM cards and credit cards for a large percentage of their purchasing. As we move further from a paper-money society, to a purely electronic economy, new types of crime will emerge. What types exactly will depend on what new forms of security tomorrow's criminals will need to break. Will people be synthesizing voice authorizations? Or even learning to imitate a victim's typing style? All we can be sure of, is that criminals of tomorrow, like those of last century and those of today, will keep on innovating.

Meanwhile, other possible malicious uses of computers have become available. One of the most worrying is the likelihood of terrorists moving online, and engaging in what is called cyber terrorism. The methods of producing terror, destruction, mayhem, and fear will be much more destructive online than conventional methods in the real world.

The terrorists will remotely access the processing control systems of a cereal manufacturer, for example, change the levels of iron supplement, and sicken and kill the children of a nation enjoying their food. They will be able to perform similar remote alterations at a processor of infant formula. The terrorist does not have to be at the factory to execute these acts. He will be able to place a number of computerized bombs around a city, all simultaneously transmitting unique numeric patterns, each bomb receiving each other's pattern. The future terrorist will not have to be strapped to any of these bombs; no suicidal bombings; the encrypted patterns cannot be predicted and matched through alternate transmission; and the number of bombs prevents disarming them all simultaneously. The bombs will detonate.

A cyber terrorist will disrupt the banks, the international financial transactions, and the stock exchanges. Unlikely would be immediate arrest. The terrorist, the perpetrator is sitting in another continent while a nation's economic systems grind to a halt. Destabilization will be achieved.

Advanced telecommunications technology will allow offenders to reach a greater number of victims. There are also fears that the ongoing organization, sophistication, and globalization of crime may pose a greater threat to financial markets, economic stability, and even the national security of target countries.

An important predictor of the types of products and services that will be targeted for theft is the extent to which a product is desired. Products attractive to both consumers and criminals are sometimes called hot products. The characteristics of goods will make them highly vulnerable to theft. These are summarized in the acronym CRAVED (implying products which are Concealable, Removable, Available, Valuable, Enjoyable, and Disposable). Based on this threat assessment, some examples of hot products that may be targeted by offenders in the future include portable digital virtual disk (DVD) players, the wearable personal computer, automobile digital stereo systems, laptop computers, and handheld personal computers.

The Internet will provide computer-literate offenders with new opportunities to commit crimes directly related to networked systems. E-mail abuse, viruses, and hacking are expected to grow in prominence in the future. Companies are likely to face Internet attack from both within (by employees) as well as externally (by hackers). The facilities will be vulnerable to electronic vandalism, and theft and the potential for loss of or damage to such data can be immense.

There is a growing fear that well-organized criminals will launder their ill-gotten gains through e-commerce transactions, sending electronic cash to cyber-accounts located all over the world. With vast wealth at their disposal, criminal organizations will be able to buy almost any kind of technological resource or expertise.

Copyright fraud is expected to greatly increase in the future. In particular, the illegal uploading and downloading of copyrighted materials from the Internet, such as music, movies, and games, etc., will be an area of immense growth. This is accompanied by more traditional forms of piracy, such as illegal copying of software, videos, and computer games. Traditional and Internet-based forms of product piracy are problematic because both are so widespread, hard to detect, and difficult to police.

Technology offers us a chance to beat crime - but it will take innovation, understanding and education. It is today's research and development that will produce the crime-resistant products of the future. We must take every opportunity we can to use science and technology to reduce crime and improve the quality of our lives.

The weakest link in crime control is the lack of education in law enforcement relating to computer-technology crimes. The law enforcement community in Pakistan has not yet devoted itself even to start thinking about technological-aided crimes.

Are Pakistan’s police and other criminal organizations prepared for sophisticated use of new technologies for countering more sophisticated crime of the future that heavily involves computer-related crimes, especially in crimes against modern times? Asif J. Mir, Organizational Transformation