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Secularism for Somalia Forever (SSF)….comments on the Somali Penal Code


Man stoned to death for adultery in southern Somalia


 by Muuse Yuusuf
Sunday, August 08, 2010

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The saga of the 43-year-old Iranian woman, Sakineh Mohammadi Ashtiani, who was facing punishment by stoning to death for adultery, continues. After sustained international pressure, the Iranian authorities have backed down and the woman will not be executed by stoning to death. However, she still faces death by hanging for allegedly killing her husband. She denies that and says another man has killed him. Nevertheless, the man, who was imprisoned, will not face execution because the deceased’s son has pardoned him. Mohammad Mostafaei, the woman’s lawyer who brought her case to the attention of the international community has fled Iran, seeking asylum in Norway after the Iranian authorities questioned him and his family arrested.

Let me leave that sad story aside and return to the subject matter of my article.

It is understandable when a man who lives in an Islamic or Christian fundamentalist state and has never experienced advantages or disadvantages of living in a secular country disapproves secularism. This is because one would excuse him for his ignorance and for believing that his way of life is the best. And so be it. However, It is entirely the opposite when Somalis in secular countries, such as Holland, the US or India, who having been reaping the many benefits of secularism, including protection of religious rights, to criticise secularism per se. Would not that sound hypocritical? 

For the sceptics, here are some indisputable empirical evidences that prove the relevance and the predominant position of secularism in today’s modern world. The vast majority of the 192 UN member states (probably over 90%) are secular minded states, adopting a range of practices and are in different stages of implementing secularism.[1] It is equally true that the 57 Muslim countries have accepted the concept, including Turkey, which has always been a bridge between the west and east and is now striving to join the European Union. The exception is a few countries, such as Saudi Arabia, Pakistan, Iran and now southern Somalia where “Islamists” are attempting to erect a fundamentalist Islamic state similar to that of Saudi Arabia. Like it or loath it, it is because of secularism that interfaith dialogue and peaceful co-exist among nations have been possible, anyway most of the time. Imagine what the situation of other faiths would be if say the ultra right wing of American Christians, Muslims or other religions were to descend on the throne of power in the White House? There would probably be religious tyranny and religious wars.

If the above empirical evidences do not make you appreciate secularism and you remain sceptic, below are some thought provoking scenarios that you might like to ponder on.

Nurturing young minds vs. oppressing them? In fundamentalist states, whether Christian, Islamic or Judaism, it is very likely that authorities would base their academic curriculum on the concept of creationism[2] (simply put it: God created the world). It is very unlikely that they would entertain other theories, such the big bang[3] or the evolution,[4] theories that provide alternative explanations of our universe’s origins. However, in a secular country, like Somalia before the civil war where the theory of big bang was taught in schools, it would be possible to teach all these theories in the classroom on equal basis, hence helping enquiring minds acquire a balanced and well-researched education. So in order to nurture young minds and to give them a balanced understanding of these big philosophical questions, which one would you recommend knowing that students are tomorrow’s leaders and scientists. The choice is yours.  

Interfaith tolerance and harmony vs. religious bigotry?  You are in India, the biggest democracy in the world, and as you probably know, it is a country with a population of 1,178,900,000 and with many different ethnic and religious groups. Most faiths, including Hinduism, Islam, Sikhism, Buddhism, Jainism and Christianity, are all practised in that multicultural country. Empirical evidences indicate that most adherents to these faiths staunchly believe that their religion is the truth and the only truth. They also believe that other creeds are fictitious belief systems, which should be wiped out of the face of the earth, or at least converted! Also, empirical evidences indicate that inter communal and religious violence have been an issue since independence, but it is probably a mixture of the state of secularism and democracy that has been helping these diverse communities, though not perfect, to co-exist and live in harmony and peace, and of course to practise their faith as much as they like. So apart from secularism, what other systems would or could you suggest in view of helping that country hold together as one independent nation?

Marriage counsellor vs. stoning to death? After a stormy row with you wife, you ended up having extra marital affairs in one of Amsterdam’s red districts after a lapse of judgment.  As a good and faithful Muslim and as your conscience had been troubling you for while, you admitted this to your wife who then reported your imprudent action to the local police station. The officer advised your wife to discuss it with between you partner, and to seek a marriage counselling or legal advice, if both of you agree on that. An amicable divorce had resolved the conflict. Now, let us assume a magic wand had flown your family over the oceans and you found yourself in a fundamentalist state, say Saudi Arabia, for the sake of argument. You committed fornication. As a good and faithful Muslim and as your conscience had been troubling you, would you have reported your action to your local police station knowing that adultery is punishable by stoning people to death? On the other hand, imagine if you were caught in the act red handed. The choice is yours.

Spirituality vs. religious dogma/violence? Although one can be religious and practise their faith in midst of secular and a capitalist society, if your argument against secularism is because it is devoid of spirituality and you think religion can fill in the gap. Then your challenge is to stay in southern Somalia, where people are being made to hate their religion, because of the current implementation of the Wahabia doctrine with its distorted legalistic interpretation of the Islamic faith, which has rendered Islam devoid of spirituality and mysticism. Sadly, people in southern Somalia are being forced to abandon their way of seeking salvation, divine light, and spiritual guidance through the Sufism[5] traditions in which Sufis masters have been brilliant healing the sick, the deprived and the poor through their excellent mystical wisdoms and practices.      

Finally, do you know that under Articles 426 and 480 of the 1962 Somali Penal Code,[6] which Somaliland and Puntland have adopted, adultery and theft are  punishable with imprisonment of up to two and three years respectively? These were part of our ancestors’ past legal practices, including customary laws and Islamic Sharia, which they used in order to resolve their human problems and they were all Muslims. Were they not? The Penal Code was passed by an elected sovereign Somali parliament.

So as I have been arguing in previous articles, please let us keep Somalia a secular state forever. Indeed, S stands for Somalia and Secularism and the two are inseparable twins conjoined by their umbilical cords!


Muuse Yuusuf
[email protected]

If you would like to read more about above theories visit:
[1] http://en.wikipedia.org/wiki/Secularism
[2] http://en.wikipedia.org/wiki/Creationism
[3] http://en.wikipedia.org/wiki/Big_Bang
[4
] http://en.wikipedia.org/wiki/Evolution
[5] http://en.wikipedia.org/wiki/Sufism
[6] http://www.somalilandlaw.com/criminal_law.html



 





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