7/3/2016Arun Shourie: Indian Controversies Arun Shourie: Indian Controversies Annotated Extracts: A bias in translation? Amitabha Mukerjee This is a review of the book: Arun Shourie, Indian Controversies, Essays in Religion and Politics, ASA Publications, New Delhi110021, Rs. 150 softcover Theme Arun Shourie's writing is unrestrained in its detail, overwhelming in its erudition, inflammatory in its invective; but most importantly it is interesting. The contrast with typical secularly "correct" writing is stark. Where the latter descends into onesided panegyric Shourie lashes out with unsparing factual detail. Of course there were many masjids that were constructed on top of old temples, evidence is presented from but that does not mean that a mob can bring it down. Ancient religious norms may put down their rules about widows, but Shah Bano's civil rights as a citizen of a secular state were certainly violated. The Sikhs were allowed to flourish into criminal activity under the guise of the same secularism. At the same time, Roop Kanwar's sati and similar forces must also be condemned in the same spirit. The tenor is clear in the second sentence of the introduction: "For three decades after [independence] religion was used most ... effectively by the secularists not those ... who were secular but those who appropriated the label." These writings have much relevance in today's troubled atmosphere. In a postscript written after Babri Masjid, he makes a dire case against our failure to say the truth, even when it is bitter: In the end a mob took the law in its own hands. So that this may not become the pattern, all of us must redouble efforts to get the institutions working again. Otherwise there will be mobs of many kinds, and nothing will survive. Some, written before the Masjid demolition, are even prescient: The attention which normal pleading could not have ever persuaded the courts and Government to pay the matter for twenty years, dhakka has persuaded them to pay in just two weeks. That is not a lesson to which anyone would be driven. But the courts and the rulers are the ones who have driven that lesson home. If there is a theme that runs through these essays, it is the repeated attack against "counterfeit" secularism.: How things have changed in the last fifty years. During the freedom struggle, if you looked upon a Muslim as being someone apart, as being someone other than just a human being like yourself, the 'progressive' was bound to brand you 'communal.' Today unless you look upon the Muslim as separate, that is unless you see him as a Muslim rather than as just a human being like yourself, the 'progressive' brands you 'communal.' Fifty years ago when a Hindi scholar by his deep study perceived and wrote about The Essential Unity of All Religions the title of Bhagwan Das' famous work that was looked upon as humanist scholarship at its best. Today when a scholar points to the identity of what is taught in the Granth Sahib and what is taught in, say, the Hindu Bhakti tradition, it is taken as proof positive of a deep conspiracy to swallow Sikhism. This attack leads to rigorously documented instances where Hindu majority opinion has been http://www.cse.iitk.ac.in/users/amit/other/essays/shourie.html 1/7 we have internalized three notions from it: that by and large our tradition is pessimistic. when following the massacre of 2700 sikhs in the capital. it breeds terrorists. and what is worse. he has not succeeded too well. Shourie for having brought to our notice the many facts and details that are missing in the common "secular" discourse. and we thank Mr.html 2/7 . they do not help the lay person within the minority community..ac. Nathdwara. Hindus. How well has Arun Shourie succeeded in this? In my opinion. for much of the writing appears to bear a distinctly partisan emphasis. practices. Furthermore. the problem is not with the concept of secularism. Muslims. that the Sikhs. are inherently irreconcilably separate. `Why did he [a journalist]. It is progressive to demand that the Government appoint trustees to manage the Vishwanath. THE WESTERN INFLUENCE The concept of secularism evolved as a conflict between church and state in the west. say... In the same way. At the same time. Actually. it flounders.. we must circumscribe the ambit of what is religious matter. But it is communal to do so much as draw attention to the fact that the official budget of the SGPC a body consitituted under our secular laws. But it is communal to demand that it do so in the case of a Gurdwara. . and even among those to actions of a spiritual kind. These are the cornerstones of a secular state.iitk. particularly the Muslims. It must also be absolutely firm. even when the SGPC has run away from its responsibility under the law. that we are not one stream but an artificial geographical construct. our traditions. even if it be from purely religious zeal. by imperial conquest. Guruvayur temples. It is progressive to denounce. indeed subversive slander of Western scholars about his texts. The thesis is that most of these concessions violate the spirit of secularism.' a leader of the extremists in Punjab said in talking about the BhindranwaleNirankari killings. confronted by a Bhindranwale. limiting it to purely selfregarding actions. Much of this scholarship was associated with much of it directly arose from the need to justify the notion that the East has to be 'civilized'; by missionary activity.. originates in this tradition; finally. `But that was our personal fight. elections to which are held under the supervision of (and at the expenses of) our secular Government has 'training in arms' as one of the heads of expenditure. But in view of recent events. The western educated Indian has merely internalized the sophisticated. Tirupati. but with its implementation.7/3/2016 Arun Shourie: Indian Controversies discriminated against: And there are double standards. the very fact that a leading intellectual has investigated these issues at such depth is to be lauded. it has caused us to escape our identity. it is life denying; that our present condition . Most of the rhetoric is aimed at the "concessions" that were accorded to the minority religions. beliefs.in/users/amit/other/essays/shourie.. the RSS for holding shakhas. This has kept us from digging for reality. Our laws do not discriminate between individuals on grounds of religion. one treads a fine line between partisan rhetoric and objective fact. The effect of pampering to these religious leaders is insidious they often deny the majority much of http://www. it does not bring the guilty to book. Much of it has had a tendency to denigrate the older religions. In writing of this kind. it breeds terrorists. When. is not a selfregarding action. why did the Government step in?' But killing others. the state must be scrupulously fair. etc. given the authority `religious' leaders claim for themselves on `religious' matters.cse. who is eating with him (Mark 14..in/users/amit/other/essays/shourie. and then] he says. The secular attitude to all texts "can only be" that a) each book is manmade. On Luke's by forty. i.html 3/7 . in its reference to Jesus.3308) both report Jesus as crying out in a loud voice. Because of the nature of the Hindu tradition.4454) reports Jesus as crying out in a loud voice .. are full of selfcontradictions and contemporaneous misconceptions. Mark (15. one who is at the table with him. These words do not occur in Luke and John at all. of Muslim men on Muslim women.25)... The humanist and secularist must extend them to other texts too. the betterorganized within the group..' (Luke. supposedly handed down directly from God. breathing his last. Simon of Cyrene is compelled to carry the cross on which Jesus is to be crucified. Instead Luke reports Jesus as saying first.216) .. Thinking in terms of groups rather than individuals perpetuates the tyranny of the leaders of the group on its members of the Syedna on the Bohras. Concessions that are made ostensibly to the group are gobbled up by the betteroff. .1721).7/3/2016 Arun Shourie: Indian Controversies their dues in the interests of preserving their own position.." And with this he breathes his last. he is denounced for interfering in the 'internal affairs' of the group..17) Jesus is made to carry it himself.. why hast thou forsaken me?' And after crying out once again. 'It is finished.' [After some interaction with the thieves on either side] Luke (23.cse. and also much that is not. Mr. these sections become the brokers. In Matthew he is a bit more specific but not entirely so: when Judas asks him. In Matthew (27. Jesus identifies Judas clearly and specifically (John 14. In John (19.' bows his head and gives up the spirit. Indeed it gives the oppressing leaders and sections a shield... 'Is it I Master?' Jesus answers. As a result most modern interpretations do not accept the words of God as being "literal" any more. In Mark and Luke. In John. The principal losers are the members of the group itself.. 26.iitk. Jesus tells the disciples in a general way that one of them will betray him. these propositions are well accepted in relation to the Hindu texts. denies two important facts: that he was the son of God. and d) our surest guide in religious matters is direct experience and not the diktat of some intermediary. While the Bible is definitely unclear about many such important points. [he speaks to Mary and a disciple. 'You have said so. Their power in turn rests on the fact that the State deals with the group only through them. http://www. forgive them. But in John.21) and Luke (23. my God. and direct perception everything has had in it .e. for they know not what they do. And apart from the first and the last names in the series. It is only when we acquire this freedom in relation to a Book that we can benefit from it. . As an example of selfcontradictions in religious texts. 'Father. 'My God. the Quran.. c) anyone has the right to study and interpret each book.32). "Matthew (27.26). of landowning Thakurs on landless Harijans. because of the special position that the mystic to whom books are nothing..4650) and Mark (15. and that he was crucified.. The devout Christian and devout Muslim are unlikely to be convinced by each others arguments on either point. our authors have not one name in common. . The moment anyone from outside the group speaks on behalf of the oppressed. IMPORTANCE OF RELIGIOUS STUDY The central thesis of much of his argument on religion is that the religious texts. David and Joseph.ac. into thy hands I commit my spirit. b) each book has much that is of value.. Shourie cites several known instances from the Bible; even a fact as central as the last supper or the resurrection are contradicted: On Matthew's reckoning David is followed seriatim by twentyfive heirs whom he lists before we get to Joseph. 'Father. 190). an ear for an ear. let alone any understanding.iitk. that is. p. consensus (among whom? this question remains unsettled); and qiyas. which originally appear in the bible: A life for a life. However.. Finally. Thus. 2. namely. and then to established traditions not amenable to any form of consensus today. Should other http://www. as a Hindu. on the other hand. The Ijma. The fundamentalists are right: in asking the husband of the 70yearold Shah Bano to pay her a maintenance allowance. leading to nineteen schools of law. to dangerous freethinking. a tooth for a tooth. to illustrate the point that following these injunctions would be contrary to the principles of criminal law. Examples are cited of many Islamic countries that are now making changes in the Muslim law. has no right to criticize the internal operations of Islam.49) which is cited along with several others in this vein (Whoso commits aggression against you. The contradictions and ambiguities in Muslim law are examoined in detail. The letter of the Quran prohibits interest. Six hadis are regards as canonical. In the second category. but of the jurists. a nose for a nose. a transaction known as mukhatara or ina.200 With this Shourie launches into a typically detailed investigation of the origins of Muslim law. reasoning by analogy. those that strive.ac. But that is a reason not for reversing the verdict: it is a reason for re examining Muslim personal law in the light of modern. Shourie goes into depth into the two major ones Sahih alBukhari. It is derived from four sources: The Quran. do you commit aggression against him. and then to four. for the same reason it must deny the central event of Christian martyrology. Thus. AN UNIFORM CIVIL CODE The argument to which all this discussion leads is for the doing away of Muslim Personal Law in all civil matters: this will establish a uniform civil code in the traditions of true secularism.7/3/2016 Arun Shourie: Indian Controversies Are the `reasons' of the Quran as much as the Bible not something else altogether? The Bible must affirm that Jesus is the Son of God so as to exalt him to his unique position.html 4/7 .cse. If it accepts these affirmations it cannot create for Mohammed the unique position it must. over the centuries. if it is to found an entire religion on the latter. The form of punishment also goes in for detailed analysis. Ijtihad (the right to interpretation) gave way to taqlid. he addresses the criticism that he. the Supreme Court has gone contrary to Muslim personal law. A similar notion. that Christ was crucified. was originally very active. the practice of abiding literally to the interpretations of the learned and the Qazis. an eye for an eye. Ijma was narrowed down to mean not the consensus of the community. believing in each others "Godgiven" texts can lead to no compromise. including a large section on the rules of interest.in/users/amit/other/essays/shourie. it also left the door open to disputations. the hadis are treated as the equal of the Quran. the Quran must insist that he was not the Son of God. For exactly the same reason. and finally that of the mujtahids. the sunna (practice of the prophet as described in the hadis); Ijma. and for wound retaliation; (Quran 5. yet this was flagrantly flouted in the spirit; in the practice of double sale for instance (baytan fi bay's) where I sell you a slave for X and you sell him back to me for X+ some amount. secular principles. including the famous lines. that is. and Sahih Muslim.. In Muslim law. MUSLIM PERSONAL LAW vs SECULARISM . as opposed to the more changeable manmade European legal system. preventing us from expressing ourselves and frustrating our true wishes. it is being changed constantly as the paradigms about society are changing. In a certain sense the history of Mexico. Form has rarely been an original creation. but we borrowed it entirely from the democratic traditions of Europe. an equilibrium arrived at through our instincts and desires rather than at their expense. would apply equally well here. with extremely little scope for modification. and our feeble attempts at a toothless secularism and a spiritless democracy. The following claims are made by the most rigid Islamic conservatives (based on a treatise on the Shariyat Law and its relation to European laws; written by a leader of the Muslim Brotherhood of preNasser Egypt): Shariyaat is a godgiven set of laws. is a struggle between the forms and formulas that have been imposed on us and the explosions with which our individuality avenges itself.html 5/7 .ac. A similar theme echoes through the brilliant analysis by Octavio Paz. However. In India as well. but even this second category must be in complete agreement with the Shariyat. about Mexico. it thus needs no change. and ultimately. and until we can accept this distinction between State and Religion. like that of every Mexican. and when new rules are necessary because of changing times. more than anything else. The roots of this problem lie within our laws. our moral and juridical forms often conflict with our nature. The objectives of the European legal system is to organize society in a stable manner. Consequently. Shariyat law has the objective of creating an ideal society full of people of character. Shariyat is complete as it is. the liberals tried vainly to force the realities of the country into the straitjacket of the constitution of 1857. On the other hand. yet one will have to tread softly and sell the people on the idea first. To return to the main argument of Arun Shourie the necessity of an uniform civil code one cannot but agree wholeheartedly. It is interesting to note here that the traditions of law in Islam predate that of the West in both extent and in sophistication. The European laws are man made and subject to constant rethinking and revision. we have lost the thread of continuity so critical to our identity in our headlong transition from feudal past into democratic present. which is as much a Muslim matter as it is Hindu.. Islamic Shariyaat law has been frozen. in our constitution and our very form of government. This is perhaps one of the crying needs of the hour. that has led to our inability to face reality. We did not arrive at this government structure through a process of some internal evolution. On the contrary. Elsewhere.in/users/amit/other/essays/shourie. The following passage. Labyrinths of Solitude. and are bolstered by evidence that http://www." backed up with conviction.. The results were the dictatorship of Porforio Diaz and the Revolution of 1910." he enjoins them that they have not helped by ignoring this act of "murder". and can be neither broken into parts. JIHAD A number of sections in the book contain arguments that are weak. The laws of the Shariyat can be amended only in two conditions: when the new rules are needed purely to implement existing laws.cse.7/3/2016 Arun Shourie: Indian Controversies religions speak up when it comes to the religious matters of a different faith? Shourie's answer is a resounding "Yes. It is this loss of identity. nor added to. we have no hopes of becoming a secular nation. encountering the Muslim argument that "We haven't interfered in your sati.iitk. except that we are perhaps even further behind in our stage of national evolution: Sometimes form chokes us. whereas Western jurisprudence has been a dynamic tradition. However. 180). and of the rest made fast the fetters.iitk. It is here that we find traces of injudicious quotation..7/3/2016 Arun Shourie: Indian Controversies is controversial. At the same time.93) Or. that could possibly be cited as evidence of bias. strike their necks until you overpower them. current historical research is unanimous that the notion of Jihad emerged much after the Quran. followed by the exhortation to give alms to the poor. and restrain their hands.256 'Let there be no compulsion in religion'.ac. strike off their heads till ye have made a great slaughter among them." To follow up on this advice. when the nascent Islam is beset with difficulties. till the war hath laid down its burdens. Rs. uncommented text. a notion that is repeated times without number. if there is a leitmotiv that runs through the Quran. Dawood (Penguin.1) Or. and the translation by N. To you your religion. It was immediately obvious that the translation used by Shourie was uncharitable at the very least. when you http://www. Early in the Quran. as in 2." which can mean just a meeting. during the phase of religious conflict. I looked up the original source.229234. in its entirety. or it can mean an ongoing conflict.45) The sunnas and the hadis are equally evocative in their support of the notion of Jihad. And afterwards let there either be free dismissals or ransomings.cse. which is deemed by Shourie to be the "leitmotiv of the Quran. it is undoubtedly the unity of Allah. and to me my religion! ( Quran 109. A QUESTION OF TRANSLATION? Arun Shourie's basic point is well taken: study everything in detail. then hold them in bondage. The last few lines (47.html 6/7 . Whereas the two other standard translations I found were largely in agreement. 1956) has: When you meet the unbelievers in the battlefield strike off their heads and. and from the original. take them and slay them wherever you come on them; against them We have given you a clear authority (4. puts the same Sura thus: When you clash with the unbelievers. When you encounter the infidels. particularly during the Crusades. The translation by Ahmed Ali (Oxford University Press. I serve not what you serve. we find: O unbelievers. One of these is the discussion on Jihad. Yet later.in/users/amit/other/essays/shourie.4) for instance. and you are not serving what I serve. and offer you peace. mainly as a result of differences over translation. (47. Then. decide whether or not the items discovered satisfy secular action or "noncommunal noninterference. the Quran. the same voice turns bloodthirsty: 'If they withdraw not from you.J. consider the word "encounter." p. the words used in the above quotations were often often liable to misinterpretations.. 1984. Then either free them graciously or after taking a ransom. ) MISCELLANY In other sections of the book.in/users/amit/other/essays/shourie.. or history. is less bowdlerization. Then grant them their freedom or take ransom from them. until he has subdued the whole country.. (NOTE: In a personal message against this review. and one wonders why such shrill logic would be needed if indeed the case were so strong. are thus allowed.ac. What we need. http://www.234 Yet. Better face it right away and come up with the correct decisions now rather than later. he describes the difficulty of locating a particular text that was commended by a noted scholar some 15 years back. But what kinds of decisions can be taken? What are the solution to this Pandora's Box that Mr. `to have prisoners until he makes a wide slaughter in the land (8. the sense of "great slaughter" is emphasized though it seems much tamer in the other translations: Free dismissals or ransomings. and vita brevis. `It is not fair for any prophet.html 7/7 . Shourie did provide a list of his sources.. stressed elsewhere. Mathura. who is typically depicted as a westernized Islamic reformer by biographers (including Rajmohan Gandhi).) This list is quoted to emphasize the point. but after `a great slaughter' has been made among them. Jaunpur.67)' p. but still it is surprising how they are missing in the text itself. politics. In this last article. The contents. whereas Dawood puts it as ". until he has triumphed in the land. be it in the fields of law. In the translation quoted by Shourie. which he must have since elsewhere he denies knowledge of Arabic.iitk. religion. this phrase also appears much more benign in other translations "." It strikes one as odd that Shourie does not provide the translation that he used. Qanauj. In another article. It leaves one wishing merely for more time.' Allah reiterates. are explosive there is a list of mosques built by tearing down Hindu temples as compiled by a noted muslim scholar (the list includes Jama Masjid. and launches on a conspiracy theory based entirely on hearsay. etc. that the masjids were of course built on temples. An ostrich like obsession from facing the truth is not going to make it go away; it will return with a vengeance. Benares." writes Ali. Babri Masjid. Shourie has thrown open? One is left with no guidance.cse. however. he takes on the legal history of banning a book on religious grounds; the manipulative and powerhungry character of Jinnah ("The pistol Jinnah forged"); a hatchet job on Sir Syed Ahmed Khan.7/3/2016 Arun Shourie: Indian Controversies have laid them low. some of the arguments are particularly tenuous. bind your captives firmly. What is true is true. if we accept Arun Shouries cogently argued thesis.. and more directfromthetextsinterpretation. for ars longa.