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Asos Hardi: Islamists made Mariwan and his
book famous
7.4.2006
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Iraqi Kurdistan: Mariwan
Halabjaee, the New York Times, and New Allegations -
A Constitutional Perspective
The New York Times has published an article, "Sex
and Islam Author Says He Fears for His Life, but
Some Call Him a Publicity Hound," about Mariwan (sp.
Marywan) Halabjaee (sp. Halabjay, Halabjayee,
Halabjaye, Halabjayi). Halabjaee, who is often
referred to as "the Salman Rushdie of Iraqi
Kurdistan," is the author of Sex, Sharia and Women
in the History of Islam.
The New York Times article calls into question
Halabjaee's allegation that the Kurdistan Islamic
Group threatened his life. The article does so in a
way that raises several important issues regarding
Iraqi Kurdistan.
As quoted in the article, Muhammad Hakim Jabar, one
of the leaders of the Kurdistan Islamic Group,
"scoffs" at the allegation that the group threatened
Halabjaee's life. "If he were to walk down the
street right here we wouldn't even stare at him,"
said Jabar. "We don't care about him."
Asos Hardi, a secular journalist and founder of
Kurdistan's most popular independent newspaper,
Hawlati, said he did not think Halabjaee was in
"serious" danger of being killed. Hardi also noted
that "the Islamists made a big mistake. They made
Mariwan famous and they made his book famous." |
Mariwan Halabjaye
Photo:NawaRadio |
Thus, we are left with two possibilities. The first
is that the Kurdistan Islamic Group did not threaten
Halabjaee's life. That, obviously, would be very
good news.
The other possibility is that the Kurdistan Islamic
Group did threaten Halabjaee's life, but is now
afraid to admit it publicly. That, less obviously,
would also be good news. Or at least good news when
compared to other Muslim countries.
It would mean that Iraqi Kurdistan is the one Muslim
country where it is not acceptable to publicly issue
a fatal fatwa because the author "defamed" Islam.
It would mean that Iraqi Kurdistan is the one Muslim
country where a public call for the execution of a
"blasphemer" would not draw frothing crowds of
yowling supporters carrying signs prominently
featuring the word "Death," but would instead result
in calm and rational public condemnation,
disapproval and disgust.
It might even mean that Iraqi Kurdistan is the one
Muslim country where threatening to murder someone
because he wrote a book critical of Islam would lead
to adverse legal consequences. Legal consequences
such as investigation, prosecution and
incarceration.
Unfortunately, not all of the news is good news. At
least not to anyone who recognizes that while the
rule of law is necessary for a civilized society, it
alone is insufficient. Anyone who recognizes the
critical distinction between democracy, and the
resulting possibility of the tyranny of the
majority, and constitutionalism, the idea "that
government can and should be legally limited in its
powers, and that its authority depends on its
observing these limitations."
All is not good news to anyone who insists on not
only the rule of law, but also that such laws be
just. Anyone who demands not only that the law be
approved by the majority, but also that the law,
even if approved by the majority, not contravene
certain fundamental, inalienable human rights. The
right to freedom of speech perhaps being paramount.
Unfortunately, it is uncontested that Halabjaee is
facing criminal charges for "defamation" or
"criticizing" religion or religious figures -- that
is, for blasphemy.
It is uncontested that the Kurdistan Regional
Government (KRG) Minister of Religious Issues, Dr.
Mohammad Gaznayi, told protestors that according to
the law of Iraqi Kurdistan the punishment for that
crime "is severe."
It is uncontested that Gaznayi told these protestors
that "We will give those who attack our prophets a
sentence so that they can be a lesson for everyone."
That is bad news.
Still, such things, unfortunately, are relative.
Such things, sometimes fortunately, sometimes
unfortunately, change over time.
Some may look at this situation and say the glass is
half-full. Others may say it is half-empty.
While important, whether the glass is now half-full
or now half-empty is, in the long run, not the most
important issue. The most important issue is this:
Is the glass becoming more full, or is it becoming
more empty over time?
Is Iraqi Kurdistan changing for the better, or for
the worse?
It may be too early to answer the last question. It
is not too late to affect the answer to that
question.
Source: http://theisoughtproblem.blogspot.com/
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