Friday, January 13, 2012

Matthew Kaminski's False Optimisim

Robert Reilly


Last July Matthew Kaminski opined in the Wall Street Journal that the transition to democracy in the Middle East would be as easy as it was for the democracies that emerged after the fall of the Soviet empire. Alas, this was predictably not so, and has now been proven, as vote after vote has shown the strength of the Islamists, most particularly in Egypt, where they have won some 70 percent of the ballot. With his article on January 3, "Arab Democracy Is the Best Bet for a Muslim Reformation", Kaminski continues in this vein of false optimism, based upon his propensity to project Western conceptions and norms onto the Islamic world, where they are largely irrelevant.

Wishful thinking can be dangerous when it distorts reality. Here is a short list of misconceptions in his latest piece.

"The appeal of political Islam... grows when religiosity is repressed." Islamism is a reaction to modernity, not to repression. It would grow regardless. With the shackles off in Egypt, Libya, and Tunisia, watch it grow even more. To think that it will diminish because it is not repressed is a dangerous fantasy. Thanks to the Arab Spring, it now has the opportunity to seize control, and most likely will do so. Democratic elections have simply revealed the strength of the view that "Islam is the answer."

"Calls for Sharia to become state law emerged only in the twentieth century, as a result of Islam's encounter with the West." Really? Sharia existed for many centuries before this encounter. The first call for state sharia enforcement came from Ibn Taymiyya in the late thirteenth century when he declared the Mongol rulers (converts to Islam) apostates because they continued to live by their tribal law, rather than by Sharia. Taymiyya laid the basis for requiring a ruler to enforce sharia if he wished to maintain his legitimacy, which is why Taymiyya is so popular among the Islamists today. The only recent sharia states have been Saudi Arabia, Taliban Afghanistan, and Sudan – those with the least amount of exposure to the West. In any case, the sharia enforcement issue emerges from the struggle within Islam, not from the encounter with West.

"The Quran is politically agnostic and says nothing about the preferable form of government." Not quite. In Surah 3:110, the Qur'an speaks of the regime in Medina as "the best community [or nation] ever raised for mankind." Since the Qur’an is understood by almost all Muslims as coexisting eternally with God, this statement means that the Medinan concept of the "best community" obtains forever. This is why the Salafists desire to emulate it exactly, and why every major effort of reform in Islam goes back, instead of forward. It may also help explain why democracy has never arisen indigenously in the Arab Middle East.

"Salafists... practice Osama bin Laden's creed of Islam." No, bin Laden's creed of Islam is not Salafist, but came directly from the Muslim Brotherhood and is infected with its ideology, which was partially obtained from Western totalitarianism. His teacher in Saudi Arabia was Mohammed al Banna, the brother of the founder of the Muslim brotherhood, Hassan al Banna. Salafism, on the other hand, is an ancient and integral part of Islam.

Kaminski calls for a Reformation in Islam, without seeming to realize that Islamism is that Reformation. Be careful of what you wish for. One reason that the Islamic world became calcified is that the "gates of ijtihad" were closed in the Middle Ages. This meant that the authority for making original interpretations of the Koran or the hadith had been withdrawn because the sharia had, by that time, covered every possible situation in human life with a specific ruling. The Islamists today have reclaimed the authority of individual interpretation in order to wipe out the Islamic jurisprudence that stands in their way, most particularly in their use of indiscriminate violence and terrorism.

In the place of "rigid Kemalist secularism" in Turkey, Kaminski claims that there "has emerged a more dynamic society, more tolerant of differences." The 97 members of the news media in prison, including journalists, publishers and distributors (according to the Turkish Journalists’ Union), and the generals jailed by the AKP might disagree, as might the persecuted businessman, who were funding media that expressed differences with the ruling party until they were charged with tax violations. The idea that a mild dose of Islamism leads to diversity is almost hilarious.

Kaminski several times quotes Iranian philosopher Dr Abdulkarim Soroush, who undoubtedly is one of the most eloquent advocates of free societies within Islam -- which may help explain his exile in the United States. However, Kaminski seems to be unaware of the most important issue that Soroush has raised regarding the relationship between theology and democracy. Soroush has said,

“You need some philosophical underpinning, even theological underpinning in order to have a real democratic system. Your God cannot be a despotic God anymore. A despotic God would not be compatible with a democratic rule, with the idea of rights. So you even have to change your idea of God.”

Without a different theology within Islam, can one have democracy? This is the real problem. Unfortunately, Sunni Islam gives no sign of abandoning its theology of God as pure will and power, which has been the foundation of so much despotism in Islamic history. Muslim theologians and philosophers who propose a God of rationality often find themselves, like Dr Soroush, in exile. This is what is subverting the opportunity for a transition to democracy in the Arab Spring.

Kaminski's most egregious error comes with his closing quote of former Polish dissident and writer, Adam Michnik, "If Judaism can co-exist with democracy, any religion can." By this Kaminski means to suggest that this should be no problem for Islam. Judaism, however, gave us Genesis, in which man is described as having been created in the image and likeness of God. This revelation is the basis of our civilization, as well as the foundation of democracy. The Qur'an, on the other hand, makes explicitly clear that man is not made in God's image and to suggest otherwise is blasphemy. Therefore, it may not be as easy as Mr. Kaminski thinks.



Robert Reilly has worked in foreign policy, the military, and the arts. His most recent book is The Closing of the Muslim Mind: How Intellectual Suicide Created the Modern Islamist Crisis.

Thursday, January 12, 2012

Syria: Arab League Observers Flee "Freedom Square"

(Human Rights Watch/IFEX) - New York, January 12, 2012  -  The Arab League should urgently condemn the Syrian security forces for shooting peaceful protesters who were attempting to reach its observers in the northern city of Jisr al-Shughur, Human Rights Watch said today. In light of these and other blatant violations of the agreement it brokered with the Syrian government of Bashar al-Assad, the Arab League should report publicly on its findings and assess whether its mission should continue.

Two protesters who were wounded in Jisr al-Shughur and fled to southern Turkey told Human Rights Watch in face-to-face interviews that around 11 a.m. on January 10, 2012, they marched towards the Baath party square (re-named "Freedom Square" by the protesters) to meet with Arab League observers present there. According to the witnesses, when they approached a checkpoint on the way to the square, army personnel barred them from proceeding and, after the protesters refused to disperse, opened fire on the crowd, injuring at least nine protesters. The Arab League observers were in the Baath party square, but left in a car after the shooting began, the witnesses said. Despite several attempts, Human Rights Watch has not been able to contact the Arab League observers to confirm whether they witnessed the incident.

"Such incidents, and the ever rising death toll, clearly demonstrate that the presence of Arab League observers has done little to compel the Syrian authorities to stop their crimes," said Anna Neistat, associate emergencies director at Human Rights Watch. "As President Assad derides the Arab League in his speeches, his troops are making a mockery of its observers' mission on the ground."

"Abu-Ahmad," one of the protesters injured in the attack, told Human Rights Watch:

We were about 300-500 people, I walked in the front row. We carried olive branches and chanted "peaceful, peaceful." When we were some 100 meters away from the checkpoint, we shouted to the army that we just wanted to meet with the observers. But they opened fire at us  -  it seemed like they received the orders from the mukhabarat officers who stood behind them.

Soldiers placed three machine guns on the ground and pointed them toward us. I saw them firing from Kalashnikov and sniper rifles. One of them pointed a sniper rifle at me and then I felt I was hit in my right leg. Several people next to me were hit as well.

I could see the observers, and we were communicating with them on cell phones [to coordinate a meeting], but when the army opened fire they just got into their cars and left.

Another witness, "Mustafa," who was also injured, told Human Rights Watch that when the protesters started running away, the army chased them and continued to shoot. He was in the middle of the group and sustained two bullet wounds in his back and one in his left arm. According to him, five people were injured when the army first opened fire at the protesters, and four others, including him, were hurt as the people were trying to flee.

Another witness from Jisr al-Shughur, "Ali," told Human Rights Watch that over the past weeks the military had not withdrawn from the city as per the Arab League agreement, but rather had maintained a heavy presence in the city, controlling all entrances to the town and patrolling the streets along with mukhabarat (intelligence services) personnel and shabeeha (pro-government militias). He said that on January 8, from noon to midnight, the security forces raided mobile phone shops in Jisr al-Shughur and arrested approximately 30 owners. Ali said he witnessed one of these raids. According to him, the military blocked the street while mukhabarat agents entered the mobile phone shop and detained the owner, beating him with batons.

In the agreement it signed with the Arab League on December 19, the Syrian government pledged to end violence against peaceful protests, release detained protesters, withdraw armed elements from cities and residential areas, and allow Arab and international media unhindered access to all parts of Syria. Syria also pledged in the agreement to grant Arab League monitors unhindered and independent access to all individuals they wish to interview to verify Syria's implementation of these measures, including victims, detainees, and nongovernmental organizations. Syria guaranteed the safety of witnesses from reprisals.

Attacks by security forces against peaceful protests have been reported every day since the Arab League mission began. According to media reports, the United Nations has estimated that 400 people have been killed since the Arab League mission arrived in Syria on December 26.

Human Rights Watch has previously documented what seem to be efforts by the Syrian government to deceive the Arab League monitors by transferring hundreds of detainees to improvised holding centers at military sites that are off limits to Arab League observers. Authorities have also issued police identification cards to military officials apparently in order to give the impression that military forces have, under the agreement with the Arab League, withdrawn from civilian areas.

The mission's credibility had already been clouded by the appointment as its chief of Gen. Mohammed Ahmed al-Dabi, a former head of Sudan's military intelligence. Al-Dabi oversaw an intelligence agency well known for serious abuses in Sudan and is a close political ally of Sudan's president, Omar al-Bashir, against whom the International Criminal Court has issued an arrest warrant for crimes against humanity in Darfur.

"The time has come for the Arab League to call out the Syrian government on its failure to abide by the agreement," said Neistat. "Allowing the mission to continue without effective and clear efforts to protect the civilians will only lead to more deaths."

For more information:

Human Rights Watch
350 Fifth Avenue
New York, NY 10118
USA
hrwnyc (@) hrw.org
Phone: +1 212 290 4700
Fax: +1 212 736 1300
http://www.hrw.org

Judge Randy Bellows' Ruling


Word has just been received that Judge Randy Bellows of the Fairfax County (Virginia) Circuit Court has issued a 113-page letter opinion deciding the issues in the lengthy property trial last year completely in favor of the Episcopal Diocese of Virginia and the national Church. The Judge's summary of his rulings is as follows:

In this Letter Opinion, the Court makes three princip[al] rulings:

1. TEC and the Diocese have a contractual and proprietary interest in each of the seven Episcopal churches that are the subjects of this litigation. Specifically, the Court finds for TEC and the Diocese in their Declaratory Judgment actions and, among other relief, orders that all real property conveyed by the 41 deeds, as well as all personal property acquired by the churches up to the filing date of the Declaratory Judgment actions (on or about January 31, 2007 or February 1, 2007) are to be promptly conveyed to the Diocese. (Additional instructions are provided at the conclusion of this Letter Opinion.)

2. The CANA Congregations‟ Amended Counterclaims are denied in their entirety. Specifically, the Court finds that the CANA Congregations, in that they are not Episcopal Congregations, do not possess either contractual or proprietary interests in the property of the seven Episcopal Churches at issue. They are, therefore, enjoined from further use or control of these properties and must promptly relinquish them to the Diocese. Moreover, the Court finds no merit in the CANA Congregations‟ claims for unjust enrichment,quantum meruit, and constructive trust and grants TEC‟s and the Diocese‟s motions to strike these claims.

3. The vestry empowered to elect directors to the Falls Church Endowment Fund is the vestry recognized by the Diocese as the Episcopal vestry of The Falls Church, that is to say, the Continuing Congregation.

The opinion then concludes (after 100 more pages):

It remains to determine the disposition of the personal property of the seven churches. Virginia Code §57-10 provides as follows:

When personal property shall be given or acquired for the benefit of an unincorporated church or religious body, to be used for its religious purposes, the same shall stand vested in the trustees having the legal title to the land, to be held by them as the land is held, and upon the same trusts or, if the church has created a corporation pursuant to §57-16.1, to be held by it as its land is held, and for the same purposes.

 Thus, the disposition of the personal property of these churches follows the disposition of the real property of these churches, that is to say, it must also be turned over to the Diocese. There is a significant caveat to this, however, and it arises from the fact that there came a point in time when it was absolutely clear that a contribution or donation or the payment of membership dues to one of the seven congregations was not a contribution to an Episcopal congregation.

Therefore, the personal property acquired by the CANA congregations after this point in time should remain with the CANA congregations. There are four possible points in time which the Court has considered:

First, the Court has considered using as a point of demarcation the various points in time when the congregations made varying arrangements to withhold contributions from the Diocese.[FN 84]
________________
[FN 84]According to CANA, “all of the CANA Congregations curtailed or terminated their donations to the Diocese in response to the actions of the denomination at its 2003 General Convention.” (CANA Brief #1A at 159.) Congregants were given the opportunity to designate that no portion of their title should go to the Diocese; or the congregation stopped giving money to the Diocese entirely; or the congregation established a congregation only fund. Id. at fn. 120.
________________
Putting aside the accounting difficulties in applying these various dates to the various circumstances, and whether it would even be possible to account for the individual choices of parishioners where they were given the opportunity to designate, there is a much more dispositive objection to using this as the point of demarcation: Whatever may have been the level of discord and disenchantment with TEC and the Diocese, each of the seven churches in 2003, 2004, 2005, and through most of 2006 remained Episcopal churches, constituent members of the Diocese and TEC.

Second, the Court has considered using as the point of demarcation the date upon which each of the CANA Congregation voted to disaffiliate pursuant to §57-9(A)(December 2006-January 2007). (Alternatively, the Court could use the date when each congregation filed its §57-9(A) petition.) Here, too, there are significant problems: first, it has now been conclusively determined that §57-9(A) is inapplicable to these proceedings; second, it is not the act of taking a vote, or even the filing of a petition, that renders a decision to affiliate with a different denomination final and conclusive – rather it is the Court‟s approval of the petition. That did not come until January 8, 2009, and in any event was reversed by the Virginia Supreme Court.

Third, the Court has considered using as the point of demarcation the Diocese‟s January 22, 2007 Notice of Inhibition, or January 22, 2007 resolution determining the properties to have been abandoned, or the August 1, 2007 Notice of Removal. While arguments could be made in support of each of these dates, especially the January 22, 2007 resolution declaring the properties to be abandoned, they do not have the public notice character of the fourth possibility, which is the one this Court adopts.

This fourth possibility, which this Court adopts as the point of demarcation, is the filing date of the Declaratory Judgment actions by the Diocese against each congregation on either January 31, 2007 (involving five of the congregations) or February 1, 2007 (involving the two remaining congregations).

After this date, no contribution made, no donation made, no dues paid by a congregant, could reasonably have been made with the understanding that the money was going to Episcopal congregations. (While the seven churches, for the reasons stated in this opinion, never lost their character as Episcopal churches, the Court‟s focus here is on the actions taken by – and the Declaratory Judgment actions filed against – the CANA congregations.)

Therefore, the Court orders that all personal property acquired by the congregations before January 31, 2007 or February 1, 2007 (depending on the congregation) shall be conveyed to the Diocese and all liquid personal property (e.g., contributions and donations of money) acquired after these dates shall remain with the CANA Congregations. As to tangible personal property acquired by the CANA Congregations after these dates, they shall be conveyed to the Diocese unless the CANA Congregations can establish that they were purchased solely with funds acquired after these dates or were donated to the CANA Congregations after these dates.[FN 85]

 ______________________
[FN 85] As to the argument that the CANA Congregations should not have to convey to the Diocese funds on hand as of January 31, 2007 because such funds were used to maintain the church facilities since then, the Court would note the obvious fact that the CANA Congregation had the use of the property since that point in time as well.

 ______________________
TEC and the Diocese seek an accounting as part of their requested relief. To the extent an accounting is necessary to implement the Court‟s orders, an accounting is ordered.

TEC and the Diocese are to prepare and submit a proposed final order within 45 days of the issuance of this Letter Opinion, affording the CANA Congregations a reasonable opportunity to note their exceptions. If either party believes a hearing is necessary regarding the terms of the Final Order, they should communicate this to the Court, by letter, no later than 30 days from today.

The opinion is remarkable for its exhaustive consideration of every possible Virginia statute and previous case (including an unreported one) that could bear on the issues at stake. Along the way, it notably holds that the Dennis Canon (and its local diocesan equivalent) were ineffective per se to create a trust interest in favor of the diocese or national Church. But the bulk of the opinion appears (on a very quick first read) to be devoted to arriving at the same result (i.e., as if the Dennis Canon and its local equivalent had established a trust) by other means. It reaches its conclusion in favor of ECUSA and its diocese by drawing upon a minutely detailed analysis of the course of conduct between the parishes in question and the former entities over more than a hundred years (and in the case of Falls Church and a few others, for many more years than that -- but in the case of the Church of the Epiphany, on a course of conduct extending for just the first twenty of the last twenty-four years).

In doing so, however, the court ends up equating what it terms a "proprietary and contractual interest" of the diocese in individual parish property to the functional legal equivalent of an express or implied trust in favor of the diocese (and the national Church). And since it recognizes that Virginia law does not allow express or implied trusts in favor of denominations, the marvel is that Judge Bellows can still conclude, by drawing heavily upon his interpretation of a Virginia statute (§ 57-16.1), that the parishes effectively controlled their own properties only for so long as they remained constituent members of the Episcopal Church (USA) -- which is exactly what the Dennis Canon states, in haec verba.

The result is a carefully-crafted holding that appears (at first blush, at any rate) to be insulated against any federal constitutional grounds for overturning it -- unless it can be argued that the "proprietary and contractual interest" which the court found to be decisive is simply the inherent byproduct of being affiliated with what the Virginia Supreme Court already deemed (without any distinctions) to be a "hierarchical church." If that is the net effect of this decision, one has to wonder whether or not Judge Bellows has given the Episcopal Church (USA) an unassailable preference by the back door, and so thereby "established" it as a specially preferred type of church for purposes of resolving property disputes, in violation of the First Amendment.

It will take some time to analyze the opinion more carefully, because Judge Bellows is nothing if not painstaking and thorough. I also have to prepare for a court proceeding of my own tomorrow, and so it may be a day or two before I can publish a full assessment and analysis. Baby Blue has more background and first-person reportage at this post.

Prayers go out to all the congregations affected by this ruling.

Source: Anglican Ink


Related reading:  The Cautious Jurisprudenace of Judge Randy Bellows

Wednesday, January 11, 2012

Mostafa Ahmadi Roshan Killed in Tehran

Two assailants on a motorcycle attached a magnetic bomb to the car of an Iranian university professor working at a key nuclear facility, killing him and wounding two people on Wednesday, a semiofficial news agency reported.

The attack in Tehran bore a strong resemblance to earlier killings of scientists working on the Iranian nuclear program. It is certain to reinforce authorities' claims of widening clandestine operations by Western powers and allies to try to cripple nuclear advancements.

Read it all here.

Tuesday, January 10, 2012

Hekmati a Pawn in USA-Iran Relations

Dan Robinson

The United States is pressing Iran to release an American man who has been sentenced to death by an Iranian court on charges of spying for the U.S. Central Intelligence Agency. This comes at a time of rising tensions between the United States and Iran.

The White House and State Department say allegations that Amir Mirza Hekmati - an Iranian American dual citizen - worked for or was sent to Iran by the CIA are false, adding that if reports of the death sentence are true, the United States strongly condemns it.

A U.S. statement says Iran's government "has a history of falsely accusing people of being spies, of eliciting forced confessions, and of holding innocent Americans for political reasons."

Iran's semi-official Fars news agency says Hekmati was sentenced for ties to the CIA and for cooperating with a “hostile country." Iran state TV has shown Hekmati making what was called a confession in Farsi and English.

At the White House, Press Secretary Jay Carney declined to say what options the Obama administration considering beyond working through Swiss intermediaries in Tehran.

"I don't want to speculate about that. I think that we take this matter very seriously and are addressing it in the appropriate manner," said Carney.

State Department Spokeswoman Victoria Nuland said this kind of behavior is typical for Iran.

"This is not a new tactic on the part of the Iranian government. I would simply say that these particular proceedings were conducted in secret, there was inadequate legal counsel. We obviously dismiss the accusations one way or the other; we believe that any confession he may have made was clearly coerced. So it is just par for the course in terms of the non-justice in the Iranian system," said Nuland.

All of this comes amid rising tensions between Iran, and the U.S. and international partners over Tehran's threats to close the Strait of Hormuz in response to new Western sanctions targeting Iran's oil exports.

Recently, Iran confirmed it has begun enriching uranium at a second underground facility. Tehran says its nuclear program is for peaceful purposes and that the new enrichment is taking place under International Atomic Energy Agency supervision.

Amnesty International issued a statement on Monday saying Hekmati, a 28-year-old former U.S. Marine Arabic translator, did not receive a fair trial and questioning what it called "the timing and political circumstances" of Hekmati's sentence.

The human rights monitoring group appealed to Iran not to execute Hekmati, noting that an appeal against his conviction would have to be filed within 20 days of his sentencing.

Source:  Global Security


Monday, January 9, 2012

YouTube Project Parodies Damascus Censorship


(RSF/IFEX) - 9 January 2011 - To draw public attention to media censorship in Syria, Reporters Without Borders and the JWT Paris ad agency have produced a short video inspired by parodies of Siri, the star app on the new iPhone 4S. It shows a man hunched over his iPhone failing to get any information from Siri about Syria except the weather forecast, the only news the government is not censoring.

The outside world is managing to get some limited information about the protests in Syria and the government's bloody crackdown, but the authorities have taken radical steps to prevent Syrians from reporting anything that strays from the official line. The local media are gagged and foreign reporters have been expelled. Would-be citizen journalists who try to use the Internet are arrested and mistreated.

In order to highlight these violations of freedom of information, JWT Paris had the idea of showing Siri, whose answers to queries are not always relevant, being completely stumped by questions about current events in Syria because of the government's news blackout.

Available for viewing on the Reporters Without Borders website and social networks including Facebook, Twitter and YouTube, this video is the third joint project between Reporters Without Borders and JWT Paris.

We previously worked together on the campaign for the release of the two French journalists who were held hostage in Afghanistan, Stéphane Taponier and Hervé Ghesquière, and on the "Journalists Hunt" awareness campaign.

For more information:

Reporters Without Borders
47, rue Vivienne
75002 Paris
France
rsf (@) rsf.org
Phone: +33 1 44 83 84 84
Fax: +33 1 45 23 11 51
http://www.rsf.org/

Sunday, January 8, 2012

American Colleges and Universities Mimic China

Alice C. Linsley


China has seen an increase in the number of universities and the focus has been on increasing the nation's wealth and power through science, engineering, and business management.

In 2008, a Thousand Talents program began recruiting established scientists everywhere under age 55 with lucrative grants and salaries to work in China. This year, Chinese officials rolled out the Young Thousand Talents program, with generous offers to attract even younger scientists.

In the past 15 years the number of Chinese universities has grown, and the number of degrees in science and technology has soared.  An estimated 1.5 million science and engineering students graduated in 2006. An official of the China Association for Science and Technology said recently, "The Chinese culture has a high respect for education, and families want their child to have a PhD, and will invest almost every coin they have in their child's education..."

One Chinese professor reports, "Among all the universities, only we have an anthropology department." There are about 20 students in that degree program and without government funding this program has little chance of survival. 

The Humanities and Social Sciences have fallen on hard times in China. That trend has taken hold of American Universities and colleges also. Physical sciences, engineering, and business receive bulk of foundation and government grants, and qualified people enjoy top salaries in both the public and private sectors.

I've experienced this trend personally.  For the past 10 years I have taught Philosophy, Ethics and World Religions at a women's college in central Kentucky. There are fewer and fewer courses for me to teach because the college has dedicated all resources to science, nursing, business, equestrian management and professional education degrees. Not a single course in Anthropology has been offered at the college in 10 years. Though I have been pioneering Biblical Anthropology for over 30 years and have over 600 publications in the field, I have not been asked to teach a single Anthropology class in 38 years of teaching.

This trend may be a conservative reaction to the more liberal and leftist tone of Humanities and Social Science professors, as well as a response to an economy that is not generating jobs.  It is impossible to know what the effects of this trend will be for future generations of Americans, but it is certain that as a nation we will be less educated and more more vulnerable to government regimentation and propaganda.  Is America following China's lead in education?


Related reading:  Should China Be Our Model in Higher Education?