Identifier
Created
Classification
Origin
92ISLAMABAD8548
1992-06-08 12:07:00
CONFIDENTIAL
Embassy Islamabad
Cable title:  

ONE YEAR AFTER THE SHARIA ACT,

Tags:  PGOV KISL PHUM KPRP PK 
pdf how-to read a cable
P 081207Z JUN 92
FM AMEMBASSY ISLAMABAD
TO SECSTATE WASHDC PRIORITY 7513
INFO AMCONSUL LAHORE
AMCONSUL KARACHI
AMCONSUL PESHAWAR
AMEMBASSY NEW DELHI
AMEMBASSY RIYADH
USIA WASHDC 6386
AMEMBASSY ACCRA
C O N F I D E N T I A L SECTION 01 OF 04 ISLAMABAD 08548 


USIA FOR NEA - RUGH

ACCRA FOR HOLZMAN

E.O. 12356: DECL: OADR
TAGS: PGOV KISL PHUM KPRP PK
SUBJECT: ONE YEAR AFTER THE SHARIA ACT,
CREEPING ISLAMIZATION CONTINUES

REFS: A) ISLAMABAD 7242; B) ISLAMABAD 6252;
C) 91 ISLAMABAD 16291; D) 91 ISLAMABAD 7153

C O N F I D E N T I A L SECTION 01 OF 04 ISLAMABAD 08548


USIA FOR NEA - RUGH

ACCRA FOR HOLZMAN

E.O. 12356: DECL: OADR
TAGS: PGOV KISL PHUM KPRP PK
SUBJECT: ONE YEAR AFTER THE SHARIA ACT,
CREEPING ISLAMIZATION CONTINUES

REFS: A) ISLAMABAD 7242; B) ISLAMABAD 6252;
C) 91 ISLAMABAD 16291; D) 91 ISLAMABAD 7153


1. CONFIDENTIAL -- ENTIRE TEXT.


2. SUMMARY: PRIME MINISTER NAWAZ SHARIF'S SHARIA
(ISLAMIZATION) ACT, PASSED BY THE PAKISTANI NATIONAL
ASSEMBLY ONE YEAR AGO, WAS SYMPTOMATIC OF THE
GROWING INFLUENCE OF ISLAMIC IDEOLOGY ON PAKISTANI
POLITICS. THE POORLY DRAFTED AND VAGUELY WORDED
DOCUMENT PRODUCED NO DRAMATIC CHANGE IN PAKISTANI
SOCIETY. THE LAW, IN FACT, REPRESENTED A DEFEAT FOR
THE RIGHT-WING ISLAMISTS WHO HAD PROPOSED FAR MORE
SWEEPING ISLAMIZATION LEGISLATION. NONETHELESS,
ALTHOUGH THE ISLAMIC RIGHT REMAINS BUT A PERIPHERAL
FORCE IN PAKISTANI LEGISLATIVE POLITICS, THEIR
SINGLE-MINDED PURSUIT OF THEIR GOAL OF AN ISLAMIC
STATE IS INCREASINGLY SHAPING CONTEMPORARY PAKISTANI
CULURE.


3. ISLAMIST ACTIVISM POSES A REAL THREAT TO
PAKISTANI STABILITY AND PROGRESS. BY PROMOTING
INTOLERANCE WITHIN PAKISTANI SOCIETY, THE RELIGIOUS
RIGHT HAS WIDENED THE DIVISIONS BETWEEN RELIGIOUS
SECTS, CONTRIBUTED TO THE SURGE IN VIOLENCE
THROUGHOUT PAKISTAN, AND HAMPERED THE GOP'S ABILITY
TO SET POLICY BOTH IN DOMESTIC AREAS SUCH AS FAMILY
PLANNING AND ON FOREIGN POLICY ISSUES LIKE
AFGHANISTAN AND KASHMIR.


4. THEIR "SUCCESSES," HOWEVER, SUCH AS THEY ARE,
HAVE NOT WON THE ISLAMISTS BROAD POPULAR SUPPORT.
WE ANTICIPATE NEITHER AN IRANIAN-STYLE ISLAMIC
REVOLUTION IN PAKISTAN NOR AN ALGERIAN-STYLE
ISLAMIST VICTORY AT THE POLLS. RATHER WHAT WE ARE
LIKELY TO SEE IS A CONTINUING STRUGGLE BETWEEN
MODERNISTS AND ISLAMISTS TO DETERMINE THE SHAPE OF
PAKISTANI SOCIETY. THE GOVERNMENT MEANWHILE WALKS A
FINE LINE, WORRIED ABOUT THE RELIGIOUS RIGHT'S
ABILITY TO USE ITS MILITANT MEMBERS TO CREATE
PROBLEMS IN THE STREETS, BUT EQUALLY AWARE OF THE
THREAT TO THE NATION'S SOCIAL AND ECONOMIC
DEVELOPMENT IF THE ISLAMISTS ADVANCE THEIR AGENDA
UNCHECKED. END SUMMARY.

--------------
WORTH THE PAPER IT'S PRINTED ON?
--------------


5. WHEN THE PAKISTAN NATIONAL ASSEMBLY PASSED PRIME
MINISTER NAWAZ SHARIF'S SHARIA ("ISLAMIC LAW") BILL
IN MAY 1991, THE PM'S CONFIDANTS PRIVATELY DESCRIBED
IT AS AN IMPORTANT VICTORY OVER THE RELIGIOUS

RIGHT. BY INTRODUCING HIS OWN SHARIA BILL, NAWAZ
HAD ESSENTIALLY BOTH ACCEDED TO THE ISLAMISTS'
CAMPAIGN PRESSING THE GOP TO INSTITUTE ISLAMIC LAW
AND DERAILED IT, BY WATERING THE LEGISLATION DOWN TO
THE POINT OF MEANINGLESSNESS.


6. THE SHARA ACT ITSELF WAS POORLY DRAFTED AND
CONSISTED PRIMARILY OF VAGUE STATEMENTS CALLING FOR
THE TRANSFORMATION OF PAKISTAN INTO AN "ISLAMIC
WELFARE STATE" AND MANDATING THAT MUSLIM CITIZENS
"ORDER THEIR LIVES ACCORDING TO ISLAMIC LAW." THE
ONLY GOP ACTION ACTUALLY MANDATED IN ITS TEXT WAS
THE CREATION OF COMMITTEES TO STUDY METHODS OF
ISLAMIZING EDUCATION AND THE EVENTUAL ELIMINATION OF
INTEREST FROM THE ECONOMY. IN CONTRAST TO EARLIER
SHARIA BILLS DRAFTED BY THE ISLAMIC RIGHT, NAWAZ'S
SHARIA ACT ALSO GUARANTEED THE INVIOLABILITY OF
PAKISTAN'S PARLIAMENTARY DEMOCRACY AND INTERNATIONAL
OBLIGATIONS AND CONTAINED LANGUAGE SAFEGUARDING THE
RIGHTS OF PAKISTAN'S NON-MUSLIM MINORITIES. ONE
YEAR AFTER THE ACT'S PASSAGE, IT REMAINS ESSENTIALLY
IRRELEVANT TO PAKISTANI GOVERNMENT AND SOCIETY. THE
FEARS OF RELIGIOUS MINORITIES, HUMAN RIGHTS WORKERS,
AND WOMEN'S GROUPS THAT THE ACT WOULD TRANSFORM
PAKISTAN INTO A THEOCRACY, GUTTING THE ECONOMY AND
CIVIL LIBERTIES IN THE PROCESS, REMAIN ESSENTIALLY
UNREALIZED.

--------------
ISLAMIZATION THROUGH THE BACK DOOR?
--------------


7. MEANWHILE, THE RELIGIOUS PARTIES ARE WEAKER THAN
EVER WITHIN THE LEGISLATURE, AND WITH THE DEFECTION
OF THE JAMAAT-I-ISLAMI--THE LARGEST ISLAMIST
PARTY--FROM NAWAZ'S RULING COALITION, THEIR ABILITY
TO INFLUENCE GOVERNMENT POLICY IS FURTHER
DIMINISHED. THE ISLAMISTS' STATUS AS RELIGIOUS
TEACHERS AND LEADERS OF CONGREGATIONS GIVES THEM A
READY PULPIT, HOWEVER, TO PROMOTE ISLAMIZATION AS
THE ANSWER TO PROBLEMS OTHERWISE FAR FROM THE SPHERE
OF RELIGION -- THE DIVISION BETWEEN RICH AND POOR,
THE DECLINING ACCESS OF THE POOR TO EDUCATION AND
UNEMPLOYMENT, INFLATION, AND THE ERODING
LAW-AND-ORDER SITUATION.


8. THE ISLAMISTS' STATUS AS RELIGIOUS LEADERS, AND
THEIR ABILITY TO BRING LARGE NUMBERS OF MILITANT
STUDENT SUPPORTERS OUT INTO THE STREETS AT SHORT
NOTICE, HAVE LED SUCCESSIVE GOVERNMENTS OF PAKISTAN
TO APPEASE THEM RATHER THAN CONFRONT THEM DIRECTLY.
UNDER PREVIOUS GOVERNMENTS, SUCH APPEASEMENT TOOK
THE FORM OF PROHIBITION, LEGISLATION DEFINING THE
POLYDOX AHMEDI SECT AS "NON-MUSLIM," AND THE
INSTITUTION OF ISLAMIC CRIMINAL PENALTIES FOR
EXTRAMARITAL SEX OR OTHER "UN-ISLAMIC" BEHAVIOR.
DESPITE NAWAZ'S SUCCESSFUL DERAILMENT OF THE
MOVEMENT FOR A SHARIA BILL, THE RELIGIOUS RIGHT'S
INFLUENCE OVER THE DIRECTION OF PAKISTANI CULTURE
AND SOCIETY CONTINUES TO GROW.


9. FOR EXAMPLE, PAKISTAN'S FASTEST GROWING
RELIGIOUS PARTIES -- THE ANJUMAN SEPAH-I-SAHABA
PAKISTAN (ASSP) -- ACTIVELY CRUSADES FOR THE
CREATION OF A SUNNI STATE, WITH SHIAS DECLARED
"NON-MUSLIM." BOTH THE ASSP AND ITS PRIMARY NEMESIS
THE SHIA TEHRIK-I-NIFAZ-I-FIQAH-JAFARIA (TNFJ) HAVE
PROFITED BY ARTICULATING AND ENCOURAGING A GROWING
STRAIN OF RELIGIOUS INTOLERANCE WITHIN PAKISTANI
SOCIETY WHICH IS FAR MORE WIDESPREAD, AND DANGEROUS,
THAN ANY THE NATION HAS PREVIOUSLY EXPERIENCED.


10. THERE HAS ALSO BEEN AN INCREASING RELIANCE BY
OFFICIALS ON "ISLAMIC" PROVISIONS IN THE PAKISTANI
PENAL CODE. FOR EXAMPLE, THE ARTICLE WHICH
PENALIZES BLASPHEMY IS, IN THE VIEW OF MANY
OBSERVERS, INCREASINGLY BEING USED TO INTIMIDATE AND
HARRASS NON-MUSLIMS. A PENDING CASE AGAINST
PROMINENT SOCIOLOGIST DR. AKHTAR HAMEED KHAN (REF B)
CHARGES HIS RECENTLY-PUBLISHED CHILDREN'S STORY IS
AN ALLEGORICAL SLAP AT PROPHET MOHAMMED'S FAMILY.
SEVERAL CHRISTIANS HAVE BEEN SIMILARLY CHARGED IN
RECENT MONTHS, USUALLY AFTER FINANCIAL OR POLITICAL
DISPUTES WITH ISLAMISTS. A CHRISTIAN TEACHER WAS
KILLED IN JANUARY 1992 BY A TEENAGER WHO HAD READ AN
ANONYMOUS FLYER ACCUSING THE TEACHER OF INSULTING
ISLAM. EQUALLY TROUBLING WERE THE (FORTUNATELY
UNSUCCESSFUL) EFFORTS OF THE SUNNI FUNDAMENTALIST
JAMIAT ULEMA-I-ISLAM (JUI) PARTY TO PRESSURE THE
BALOCHISTAN PROVINCIAL GOVERNMENT INTO DECLARING A
LOCAL SECT, THE ZIKRIS, TO BE NON-MUSLIM. A
DECISION TO THAT EFFECT COULD HAVE SPARKED SERIOUS
SECTARIAN VIOLENCE IN THAT PROVINCE.


11. CONTEMPORARY PAKISTANI TELEVISION ALSO LARGELY
REFLECTS THE RELIGIOUS RIGHT'S IDEA OF "ISLAMIC"
BEHAVIOR AND ITS GROWING INFLUENCE. CNN BROADCASTS
ARE HEAVILY CENSORED WITH SCENES OF WOMEN IN
"UN-ISLAMIC" DRESS OR EVEN OF MOTHERS KISSING THEIR
CHILDREN BLANKED OUT. GUIDELINES FOR WOMEN'S DRESS
IN DOMESTIC BROADCASTS WERE RECENTLY TIGHTENED, WITH
WOMEN NOW REQUIRED TO COVER THEIR HEADS REGARDLESS
OF THE TYPE OF CHARACTER THEY ARE PORTRAYING.
POSITIVE PORTRAYALS OF WOMEN IN NON-TRADITIONAL
ROLES ARE NEARLY NONEXISTENT. DISCUSSION OF SUCH
ISSUES AS AIDS, BIRTH CONTROL, AND SEXUAL
HARRASSMENT IS RARE AND GENERAL, WITH AIDS IN
PARTICULAR OFTEN TIED TO "WESTERN BEHAVIOR" SUCH AS
THE "FREE MINGLING OF THE SEXES."


12. IN YET ANOTHER AREA, EDUCATION, THE GOP HAS
REGULARLY ACCEDED TO ISLAMIST PRESSURE TO INCREASE
THE ISLAMIC CONTENT OF THE EDUCATION SYSTEM.
LONG-STANDING LEGISLATION MANDATING ISLAMIC AND
QURANIC STUDIES FOR ALL MUSLIM STUDENTS HAS
REPEATEDLY BEEN REVISED TO INCREASE THE PERCENTAGE
OF TIME DEDICATED TO "ISLAMIA." WHILE NON-MUSLIM
STUDENTS ARE EXEMPTED FROM ISLAMIC STUDIES, ALL
CIVIL SERVICE APPLICANTS--REGARDLESS OF FAITH--MUST
PASS ORAL AND WRITTEN EXAMS ON ISLAMIC STUDIES. THE
WEIGHT GIVEN TO THIS SECTION WITHIN THE CIVIL
SERVICE EXAM HAS, MOREOVER, BEEN RAISED TO THE POINT
THAT MUSLIM CIVIL SERVICE APPLICANTS HAVE COMPLAINED
TO US THAT ISLAMIC ACTIVISTS HAVE AN UNFAIR
ADVANTAGE.


13. THE GOP IS ALSO UNDER GROWING ISLAMIST PRESSURE
TO ADD RELIGIOUS AFFILIATION TO THE INFORMATION
INCLUDED ON CITIZENS' NATIONAL IDENTITY CARDS, WHICH
MUST BE PRESENTED BEFORE A PAKISTANI CAN LEGALLY
VOTE, APPLY FOR A JOB, BE ADMITTED TO UNIVERSITY, OR
ENTER MILITARY SERVICE.

-------------- --
DEMOCRACY CHALLENGED: THEOCRATIC PRIMACY AHEAD?
-------------- --


14. CONFRONTATION BETWEEN THE MODERNIST AND
ISLAMIST OUTLOOKS HAS BEEN SHARPEST IN REACTION TO
THE FEDERAL SHARIAT COURT'S INCREASED ACTIVISM.
GENERAL ZIA CREATED THE SHARIAT COURT IN 1980 TO
BOLSTER HIS ISLAMIZATION CAMPAIGN, APPOINTING AND
FIRING JUDGES AT WILL TO ENSURE FAVORABLE VERDICTS.
SINCE ZIA'S DEATH, HOWEVER, THE COURT HAS BEEN
STEERING A COLLISION COURSE WITH THE GOP. RULINGS
SINCE JUNE 1990 INCLUDE: JUDGMENTS REPLACING CIVIL
PENAL CODES WITH AN "ISLAMIC" SYSTEM OF PUNISHMENTS;
A NOVEMBER 1991 SHARIAT COURT RULING DEFINING ALL
INTEREST PAYMENTS AS UN-ISLAMIC; AND A MAY 1992
RULING UNDERCUTTING THE PROTECTIONS IN THE EXISTING
POLITICAL SYSTEM WHICH HAD BEEN A KEY FEATURE OF THE
SHARIA ACT AND A CHECK ON ISLAMIST EFFORTS TO
SUBORDINATE THE GOVERNMENT'S LEGISLATIVE AUTHORITY
TO THE MULLAHS. THE GOP REPORTEDLY HAS NO INTENTION
OF IMPLEMENTING THESE JUDGMENTS, ALL OF WHICH REMAIN
FROZEN IN AN APPELLATE COURT. TO DATE, HOWEVER, IT
HAS ALSO AVOIDED ANY ATTEMPT TO REIN IN THE SHARIAT
COURT.


15. MOST DISTURBING TO OBSERVERS, BUT SO FAR
UNDERPLAYED BY THE GOP, IS THE SHARIAT COURT'S
CHALLENGE TO PAKISTAN'S CURRENT PARLIAMENTARY
DEMOCRATIC SYSTEM. TECHNICALLY, THE COURT IS
CONSTITUTIONALLY BANNED FROM TOUCHING CONSTITUTIONAL
ISSUES AND COURT OFFICIALS ASSURE US THEY HAVE NO
INTENTION TO DO SO UNLESS AUTHORIZED BY THE
LEGISLATURE. THE SHARIAT COURT'S ASSERTIONS IN
RECENT RULINGS, HOWEVER, THAT MAN-MADE DOCUMENTS OR
HUMANLY-ELECTED PARLIAMENTS MUST BE SUBORDINATE TO
ISLAMIC LAW--AS INTERPRETED BY THE SHARIAT COURT--
IMPLY JUST SUCH A WEAKENING OF THE CONSTITUTION'S
INVIOLABILITY. DURING A RECENT ISLAMABAD SEMINAR ON
ISLAMIZATION, RETIRED LAHORE HIGH COURT JUDGE JAVED
IQBAL DEFINED THE BASIC QUESTION AS ONE OF POWER.
"WHO HAS THE RIGHT TO REPRESENT THE WILL OF THE
PEOPLE, THEIR ELECTED REPRESENTATIVES OR JUDGES
APPOINTED BY THE PRESIDENT?" IN IQBAL'S VIEW,
PAKISTAN NOW HAS TWO INCOMPATIBLE SYSTEMS IN
OPERATION, ONE DEMOCRATIC AND ONE THEOCRATIC,
NEITHER ONE OF WHICH CAN WORK UNTIL THE GOP CHOOSES
BETWEEN THEM.

--------------
COMMENT
--------------


16. THE PRIMARY DANGER THAT THE RELIGIOUS RIGHT
REPRESENTS TO PAKISTAN IS THAT THEIR ACTIVITIES FUEL
THE FRAGMENTATION OF PAKISTANI SOCIETY. THE TIES
THAT BIND TOGETHER PAKISTAN'S MANY ETHNIC AND
RELIGIOUS GROUPS HAVE ALWAYS BEEN STRAINED TO SOME
DEGREE. TOGETHER WITH MILITANT ETHNIC NATIONALIST
GROUPS, THE ISLAMIST PARTIES FURTHER SPLINTER
SOCIETY BY FEEDING THE PERCEPTION WITHIN EACH
COMMUNITY THAT IT IS UNDER SEIGE. BATTLES BETWEEN
SECTARIAN GROUPS ARE THE MOST GRAPHIC RESULT.
EQUALLY, THE ISLAMISTS POSE A DIRECT THREAT TO
PAKISTAN'S LONG-TERM INTERESTS, AS FEAR OF PROVOKING
THE RELIGIOUS RIGHT HAS CONSTRAINED THE THE GOP'S
ABILITY TO ADDRESS KEY ISSUES -- WHETHER DOMESTIC,
SUCH AS EDUCATION AND BIRTH CONTROL, OR FOREIGN,
SUCH AS AFGHANISTAN AND KASHMIR.


17. WE DO NOT BELIEVE, HOWEVER, THAT PAKISTAN IS
HEADED FOR EITHER AN IRANIAN-STYLE ISLAMIC
REVOLUTION OR AN ALGERIAN-STYLE ISLAMIST VICTORY AT
THE POLLS. THE ISLAMIST MOVEMENT IS TOO FRAGMENTED,
IDEOSYNCRATIC, AND--WITH THE EXCEPTION OF THE
HIGHLY CENTRALIZED JAMAAT-I-ISLAMI--FAR TOO
DISORGANIZED TO FORM A BROAD-BASED NATIONAL
MOVEMENT. NO GROUP HAS YET DEMONSTRATED WIDESPREAD
PUBLIC SUPPORT AND THE POLITICO-RELIGIOUS LEADERS
THEMSELVES ARE POPULARLY VIEWED AS POWER-HUNGRY,
CORRUPT, AND PREOCCUPIED WITH THE PUNITIVE ASPECTS
OF ISLAM. EXCEPT FOR A SLIGHT BOOST IN NATIONAL
ASSEMBLY SEATS IN 1990 DUE TO THE JAMAAT-I-ISLAMI'S
MEMBERSHIP IN THE WINNING IJI COALITION, THE
ISLAMISTS' SHARE OF THE POPULAR VOTE HAS DECLINED
WITH EVERY NATIONAL ELECTION SINCE THE CREATION OF
PAKISTAN.


18. THEIR LACK OF POPULAR SUPPORT AND ELECTORAL
STRENGTH WILL KEEP THE ISLAMISTS FROM POSING A
DIRECT POLITICAL THREAT TO THE CURRENT GOVERNMENT.
THE SYMBOLIC AND EMOTIONAL VALUE OF THE "ISLAMIC"
CALL, HOWEVER, AND THE COMMITMENT OF THE ISLAMISTS'
MORE MILITANT SUPPORTERS, MAKES THEM A POTENTIAL
SOURCE OF TROUBLE. IN SUM, WE ANTICIPATE A
CONTINUING STRUGGLE BETWEEN MODERNISTS AND ISLAMISTS
TO DETERMINE THE SHAPE OF PAKISTANI SOCIETY IN THE
MONTHS AHEAD. THE GOVERNMENT MEANWHILE WALKS A FINE
LINE, WORRIED ABOUT THE RELGIOUS RIGHT'S ABILITY TO
TO CREATE PROBLEMS IN THE STREETS, BUT EQUALLY AWARE
OF THE THREAT TO THE NATION'S SOCIAL AND ECONOMIC
DEVELOPMENT IF THE ISLAMISTS ADVANCE THEIR AGENDA
UNCHECKED.


19. THIS REPORT IS SUBMITTED IN ACCORDANCE WITH THE
MISSION REPORTING PLAN.


PLATT