Tuesday :: Mar 22, 2005
Slouching Toward Tehran, Republican Style
Juan Cole has a terrific post analogizing Republican meddling in the Schiavo affair with frighteningly similar tactics used in Islamic authoritarian regimes:
The cynical use by the US Republican Party of the Terri Schiavo case repeats, whether deliberately or accidentally, the tactics of Muslim fundamentalists and theocrats in places like Egypt and Pakistan. These tactics involve a disturbing tendency to make private, intimate decisions matters of public interest and then to bring the courts and the legislature to bear on them. President George W. Bush and Republican congressional leaders like Tom Delay have taken us one step closer to theocracy on the Muslim Brotherhood model.
The Muslim fundamentalists use a provision of Islamic law called "bringing to account" (hisba). As Al-Ahram weekly notes, "Hisba signifies a case filed by an individual on behalf of society when the plaintiff feels that great harm has been done to religion." Hisba is a medieval idea that had all be lapsed when the fundamentalists brought it back in the 1970s and 1980s.
In this practice, any individual can use the courts to intervene in the private lives of others. Among the more famous cases of such interference is that of Nasr Hamid Abu Zaid in Egypt. A respected modern scholar of Koranic studies, Abu Zaid argued that, contrary to medieval interpretations of Islamic law, women and men should receive equal inheritance shares. (Medieval Islamic law granted women only have the inheritance shares of their brothers). Abu Zaid was accused of sacrilege. Then the allegation of sacrilege was used as a basis on which the fundamentalists sought to have the courts forcibly divorce him from his wife.
Abu Zaid's wife loved her husband. She did not want to be divorced. But the fundamentalists went before the court and said, she is a Muslim, and he is an infidel, and no Muslim woman may be married to an infidel. They represented their efforts as being on behalf of the Islamic religion, which had an interest in seeing to it that heretics like Abu Zaid could not remain married to a Muslim woman. In 1995 the hisba court actually found against them. They fled to Europe, and ultimately settled in Holland.
Cole deems the actions of Delay, Frist, and co. "Republican hisba." Watch out, Michael Schiavo.