Asghar Ali Engineer

The Taliban, after demolishing the statues of Buddha has now issued a decree that all Hindus in Afghnistan should wear a yellow badge so that they be recognised. They have done so naturally in the name of Islam. Justifying this act they have said that since Muslims have to observe a dress code, have to keep beard and have to offer prayers at appointed times and those who do not do so will be punished. Since Hindus are not bound by these regulations they should be recognised as Hindus or non-Muslims and hence the necessity to wear the yellow badge.

They have also said that it is requirement of Islamic Shari`a that non-Muslims should wear a distinct dress and hence Mulla Umar has asked the department of Enforcement of Good and Eradication of Evil to enforce this dress code. Needless to say most of the people in the world have condemned this discriminatory decree. Pakistan has also condemned it though it recognises the Taliban regime.

Firstly it should be made clear that there is no such Shari`ah requirement that non-Muslims be compelled to wear a distinct dress or a badge. In 14 hundred years of various Islamic regimes one can hardly cite any such example of specific dress code for non-Muslims. Neither it is found in the Qur’an nor in hadith. There is only one instance during the Fatimid regime in Egypt in early 11th century that such a decree was issued. Imam Hakim bi Amrillah, the then Fatimid Caliph required the Christians to wear a cross of particular weight (so that it is not very small) so that they could be recognised as Christians. And this decree was also an administrative decree and had nothing to do with Shari`ah.

It is important to note that even the first four rightly guided caliphs had issued number of decrees for administrative reasons and in view of the situation prevailing then. It does not automatically become part of Shari`ah unless it is based on some Shari`ah principle. One has to distinguish between administrative decrees and principles of Shari`ah. As in democracy we have to distinguish between an ordinance and a law passed by parliament based on principle of justice. An ordinance is generally issued to take care of an emergency situation and a law is passed to fulfil principle of justice.

Non-Muslims have been described in Islamic Shari`ah as zimmis i.e. those whose responsibility to look after their welfare is on Islamic regime. There are number of Holy Prophet’s sayings that those who neglect zimmis will not be from his ummah (i.e. community) and they will not be able to join him and his band of followers on the Day of Judgement. Thus to look after welfare of non-Muslims is very fundamental responsibility of an Islamic regime. No Islamic government worth its salt and aspiring for the Mercy of Allah and His Prophet can neglect, let alone oppress, the non-Muslim people of an Islamic regime.

The fact is that the Taliban regime is entirely a bookish regime. It appears that the Taliban leaders look into some medieval book of rules and try to apply them quite mechanically without even caring to look for its relevance. No regime can work smoothly and justly if entire approach is based on rule book compiled centuries ago rather than the present requirements of people today.

If Shari`ah, it should be remembered, has to be a living and dynamic guidance for people today it has to be creatively and thoughtfully applied in today’s circumstances. Any law is a complex statement of principle and present situation. It can neither be mere underlying principle nor the present problem. In any legislation an underlying principle is most important, more important than the problem which motivates the legislator to undertake legislation. Legislation can change but not the principle. In Sharti`ah too principles (usul) are more important than the law itself. The Taliban just refuse to understand this.

`Moreover in democratic set up today there is no question of Zimmis. All are equal citizens and there should not be any discrimination on the basis of religion at all. Democratic and human rights should be enjoyed by all whether one is in majority or minority from religious point of view. But the problem with the Taliban is that they do not believe in democracy. They believe in medieval theocracy. Leaders like Mulla Umar who have no understanding of modern democratic world (they have no interaction with the outside world at all) are at the helm of affairs in Afghanistan. It is people of Afghanistan who suffer rather than others. Others can only sympathise with their plight.