Where law, politics, scripture and theology intersect: an exegetical examination of 49:13 in the Qur’an in light of India’s right-wing legislation and policies against Muslims

ABSTRACTIt is now well-documented that there is a global trend of right-wing nationalism that perceives minorities, particularly Muslims, as a threat to state identity. India is a pertinent example of this trend wherein its legislation and policies over the last ten years have led to Muslims in India being marginalised – either through their rights as citizens or in terms of the discrimination and violent attacks they experience at the hands of extremist mobs that believe in the Hindutva ideology. This article will critically explore the scriptural and theological presumptions behind India’s laws and assess whether or not these presumptions are true in light of 49:13 of the Qur’an. These presumptions involve a particular conception of religious identity, theological belief and nationalism. 49:13 is a useful verse in the Qur’an that deals with all of these conceptions and by investigating them, one may be able to cut through right-wing nationalist rhetoric and engage in fruitful and truthful dialogue about what exactly the Qur’an states about constructing a harmonious society that involves a majority and minority population.KEYWORDS: HindutvaIndiaLawMuslimsNationalismQur’an Disclosure statementNo potential conflict of interest was reported by the author(s).Notes1. See: Ashby, H (2021, January 15th). Far-right extremism is a global problem, Foreign Policy Magazine. https://foreignpolicy.com/2021/01/15/far-right-extremism-global-problem-worldwide-solutions/ and BBC News (2019, November 13th) Europe and right-wing nationalism: A country-by-country guide. https://www.bbc.co.uk/news/world-europe-361300062. For example, ‘Hafeznia believes that the rise of the far-right parties in European countries is based in the anti-immigration attitude towards the non- European (Asians, Africans, Muslims, etc.) migrants, the right-wing parties blame the refugees, especially those from the Islamic countries as a threat to their security, jobs, Christian identity and their European values, (Ahmadi,2017:372) Many scholars have indicated this as the principal figure of far right parties, which is sometimes followed by violent activities against migrants and minorities (Smith,2003:32)’: Nourbakhsh, S N, Ahmadi, S A, Yazdanpanah D, Qiuomars, F R, Abdolreza. (2023). Rise of the Far Right parties in Europe: from Nationalism to Euroscepticism, Geopolitics Quarterly, Volume: 18, No 4, Winter 2023, 47–70 at 56–5. http://journal.iag.ir/article_129481_6e23e152c58ba9f4e04dbf7072dbdcf0.pdf3. See: Ashby, H (2021, January 15th). Far-right extremism is a global problem, Foreign Policy Magazine. https://foreignpolicy.com/2021/01/15/far-right-extremism-global-problem-worldwide-solutions/4. See the numerous reports on Islamophobia produced by the Islamic Human Rights Commission (IHRC) which document interviews and statements from Muslims residing in the UK, US and Europe about their experiences of hate, discrimination and abuse either by government policies or treatment by fellow citizens: ‘Reports and Books’, Islamic Human Rights Commission. https://www.ihrc.org.uk/reports/5. See: Burke, J (2004, November 7th). The murder that shattered Holland’s liberal dream, The Guardian. https://www.theguardian.com/world/2004/nov/07/terrorism.religion6. See: Jasko, Katarzyna, Arie W. Kruglanski, Ahmad Saiful Rijal Bin Hassan, and Rohan Gunaratna. 2018. ISIS: Its History, Ideology, and Psychology’. In Handbook of Contemporary Islam and Muslim Lives, eds. M. Woodward and R. Lukens-Bull. Cham, Switzerland: Springer. https://www.researchgate.net/publication/324279895_ISIS_Its_History_Ideology_and_Psychology7. Minority Rights Group (3rd March 2021), MRG hails UN report on Islamophobia https://minorityrights.org/2021/03/03/hrc46-mrg-hails-un-report-on-islamophobia-29398/8. Democracy, Government and Law. https://thecommonwealth.org/our-work/democracy-government-and-law9. See: Tharoor, S (2018) Inglorious Empire: What the British did to India. Penguin. And see: Al-Jazeera (2022, December 2nd) How British colonialism killed 100 million Indians in 40 years https://www.aljazeera.com/opinions/2022/12/2/how-british-colonial-policy-killed-100-million-indians10. Tharoor p. 116.11. Ibid, 117.12. (2023) World Population Review – India Population 2023. https://worldpopulationreview.com/countries/india-population13. The Constitution of India (as of 9th September 2020), Preamble, 22. https://legislative.gov.in/sites/default/files/COI.pdf14. See: The Spectator (2022, December 24th) India’s war on Christians https://www.spectator.co.uk/article/indias-war-on-christians/#:~:text=At%20least%20nine%20states%20have,according%20to%20Indian%20government%20data15. For example, the experiences of Mr X (asylum seeker’s name anonymous for confidentiality) upon leaving India for the UK: ‘Mr X also maintains that as a member of the Muslim minority, he would face discrimination in respect of his right to access the labour market but also other services and he would even be subject to persecution, since the environment for Muslims in India has become particularly hostile. As a result of the insecurity his unregulated immigration status has caused him, he has developed several mental health issues’. Country expert report dated 14th November 2022 submitted to ITN Solicitors and see: www.diverselegal.com16. See: UK Country policy and information note: Religious minorities and scheduled castes and tribes, India, November 2021 (accessible). Updated 30th November 2022. https://www.gov.uk/government/publications/india-country-policy-and-information-notes/country-policy-and-information-note-religious-minorities-and-scheduled-castes-and-tribes-india-november-2021-accessible17. See: Panjwani, S (ed Panjwani, I) (2023)., The Khoja Shi’a Ithna Asheries of East Africa: Their Quest for a New Socio-Religious Identity 1860–1960. The Awakening Project and Africa Federation of KSIMC.18. See section 2 of the Citizenship (Amendment) Act 2019: https://egazette.nic.in/WriteReadData/2019/214646.pdf19. Human Rights Watch (2020, April 9th) ‘‘Shoot the Traitors’ - Discrimination Against Muslims under India’s New Citizenship Policy. https://www.hrw.org/report/2020/04/09/shoot-traitors/discrimination-against-muslims-under-indias-new-citizenship-policy20. BBC News (2019, December 11th). Citizenship Amendment Bill: India’s new ‘anti-Muslim’ law explained. https://www.bbc.co.uk/news/world-asia-india-5067039321. Al-Jazeera (2021, January 15th). India’s ‘love jihad’ laws: Another attempt to subjugate Muslims. www.aljazeera.com/opinions/2021/1/15/indias-love-jihad-laws-another-attempt-to-subjugate-muslims22. Ibid.23. The Intercept (2021, July 3rd). Hindu vigilantes work with police to enforce ‘love jihad’ law in North India. https://theintercept.com/2021/07/03/love-jihad-law-india/24. USCIRF (2022). India Report: https://www.uscirf.gov/sites/default/files/2022–04/2022%20India.pdf25. Al-Jazeera (2022, January 16th). Expert warns of impending ‘genocide’ of Muslims in India. https://www.aljazeera.com/news/2022/1/16/expert-warns-of-possible-genocide-against-muslims-in-india and Human Rights Watch (2020, April 9th): Shoot the Traitors – Discrimination Against Muslims under India’s New Citizenship Policy. https://www.hrw.org/report/2020/04/09/shoot-traitors/discrimination-against-muslims-under-indias-new-citizenship-policy26. Forbes (2022, June 16th). Muslims Have Become A Persecuted Minority In India, Experts Warn. https://www.forbes.com/sites/ewelinaochab/2022/07/16/muslims-have-become-a-persecuted-minority-in-india-experts-warn/?sh=21423bd9595a.27. The Qur’an, 49:13.28. Al-Tabrisi, A (2006). Majma’ al-Bayan fi Tafsir al-Qur’an. Vol.9, 176. Dar al-Murtada.29. Tabatabai , M H (1996). Al-Mizan fi Tafsir al-Qur’an. Vol. 18, 327. Jaami’ah Al-Mudarrisin fi al-Hawzat al-‘Ilmiyyah fi Qum al-Muqaddasah.30. The Qur’an, 59:24.31. From a mystical perspective, Ibn ‘Arabi employs the tripartite distinction between al-ta’lluq (attachment), al-tahaqquq (verification) and al-takhalluq (characterisation) in order for us to understand how God’s attributes manifest into the world. See: Ibn ‘Arabi (1998). Kashf al-Ma’na an Sirr Asma Allah al-Husna. Manshurat Bakshaish and Maktabat al-Ishraq and see: Casewit, Y. (2020). Al-Ghazalī’s Virtue Ethical Theory of the Divine Names: The Theological Underpinnings of the Doctrine of Takhalluq in al-Maqsad al-Asna, Journal of Islamic Ethics, 4(1–2), 155–200. doi: https://doi.org/10.1163/24685542–1234004232. In Shi’i theology, reason itself can determine what is fundamentally good and bad: ‘reason (al-‘aql) of necessity passes judgement as to what actions are good ;(hasan), such as the return of a trust (fund) and doing good (ihsan), and veracity which is profitable, and as to what are evil ;(qabih), such as injustice and an injurious lie’. Al-Hilli, M (2005). Sharh al-Babu al-Hadi al-‘Ashar, 58–59. In Western philosophy, Kant makes the intimate connection between God, the moral self-awareness contained in our conscience and human reason: ‘a moral being must also have all power (in heaven and on earth) in order to give effect to his laws (as is necessarily required for the office of judge), and since such an omnipotent moral being is called God, conscience must be thought of as the subjective principle of being accountable to God. In fact the latter concept is always contained (even if only in an obscure way) in the moral self-awareness of conscience’. Kant, I (1991). The Metaphysics of Morals, 220. Cambridge University Press.33. Sahifat al-Madinah (the Charter of Madinah) is good example from the 7th century of Prophet Muhammad’s attempt to create a respectful and tolerant society amongst Muslims, Jews, Christians and its various tribes. See: Anjum, O (2022) The ‘Constitution’ of Medina: Translation, Commentary, and Meaning Today. Yaqeen Institute.34. Al-Tabrisi, A. Majma’ al-Bayan, vol.9, 176.35. Al-Tabrisi also cites 49:14 from the Qur’an to distinguish between Islam and faith: ‘The bedouins say, ‘We have believed’. Say, ‘You have not [yet] believed; but say [instead], “We have submitted”, for faith has not yet entered your hearts. And if you obey Allah and His Messenger, He will not deprive you from your deeds 1 of anything. Indeed, Allah is Forgiving and Merciful’.36. Ibn Kathir, I (2001). Tafsir ibn Kathir, 1243. Risalah Publishers.37. Section 2 of the Citizenship (Amendment) Act 2019: https://egazette.nic.in/WriteReadData/2019/214646.pdf38. The Qur’an, 2:56.39. Surat al-Hujurat, according to many exegetes, was revealed in Madinah. However, there is a minority opinion as cited by al-Alusi that it was revealed in Makkah because of the expression, ‘Oh mankind…’: Al-Alusi, M (2005). Ruh al-Ma’ani fi Tafsir al-Qur’an al-Adhim wa al-Sab’ al-Mathani. Vo. 10, 387. Dar al-Hadith. One of the theories to distinguish between those chapters of the Qur’an that were revealed in Makkah and Madinah is that if a verse begins with ‘Oh those who believe’, it is revealed in Madinah and if it begins with ‘Oh mankind’ then it is revealed in Makkah – see: Jannati, M (1991). Manabi-e-ijtihad az didga-e-mazahib-e-islami, 26. Intishirat-e-Kayhan.40. The Universal Declaration of Human Rights (1948): https://www.ohchr.org/en/human-rights/universal-declaration/translations/english and ‘such Hindu vigilantism has manifested in a variety of ways. Since 2014, vigilante groups have targeted Muslims accused of seducing and marrying young Hindu women to convert them, a phenomenon some have labelled love jihad’. Vaishnav, M (2019). The BJP in Power: Indian Democracy and Religious Nationalism, 55. The Carnegie Endowment for International Peace. https://carnegieendowment.org/files/bjp_in_power_final.pdf41. The general wording of s1 Forced Marriages Act 2007 is a pertinent example: ‘The court may make an order for the purposes of protecting— (a)a person from being forced into a marriage or from any attempt to be forced into a marriage; or (b)a person who has been forced into a marriage’. https://www.legislation.gov.uk/ukpga/2007/20/section/1. This is in contrast to the wording of the Prohibition of Unlawful Religious Conversion Ordinance 2020 which explicitly mentions religion, ‘No person shall convert or attempt to convert, either directly or otherwise, any other person from one religion to another by use or practice of misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage nor shall any person abet, convince or conspire such conversion’ (section 3): https://prsindia.org/files/bills_acts/bills_states/uttar-pradesh/2020/UP%20Prohibition%20of%20Unlawful%20Conversion%20of%20Religion%20Ordinance,%202020%20.pdf42. Al-Tabrisi, A. 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