Point of View

Respecting Buddhist sensitivities

M B M Zubair -Retired Registrar High Court Kandy

This article is in response to the two articles on the above subject appearing in the Daily News of January 12, 2013 and January 22, 2013 by Shenali Waduge.

The Sinhala Buddhists of Sri Lanka and the Muslims have lived very cordially and peacefully for centuries and there had been several intermarriages between the two communities and they are all living very happily including this writer's son and niece who are married to Sinhalese.

The origins of the Muslims of Sri Lanka are very well researched and documented by no less a person than Professor Lorna Dewaraja of the Peradeniya University in her Book The Muslims of Sri Lanka One Thousand Years of Ethnic Harmony.

According to Professor Lorna Dewaraja the Muslims have been the most trustworthy and loyal citizens of Sri Lanka. The Sinhala Kings conferred the title ‘Rajakaruna’ on the Ge names of Muslims. The Muslims were the trusted physicians of the Royal Family on whom the Kings conferred several honours and gave them lands on a Sannasa. This writer hails from the family of the Royal Physicians and bears the Ge name ‘Bethgewallawa'. The Sinhala King did not trust their kitchen staff and employed Muslim cooks in the Royal Multhange. The Queen's Bath was manned by Muslim women. The Adigars were not allowed to live close to the Palace but the Muslim Royal Physicians were accommodated close to the Palace. 100 percent of the Kandyan Muslims are the children of Sinhala mothers. No Muslim women ever came here.

Muslim marriage

In this background I was shocked and surprised to read Waduge's article in the Daily News of January 12, 2013. I cannot understand what prompted this good lady to write such an article and I thought that I must reply her. Let me take her point by point.

We Muslims always abide by the laws of this country in breach of which we have been dealt with accordingly.

The Muslims have never branded the Sinhalese as ‘extremists’ or ‘Racists'. How can we when we are half Muslim and half Sinhalese?

There is no parallel law that has suddenly emerged in Sri Lanka for the Muslims. I do not know what this parallel law that she is referring to. Is it the Muslim Marriage and Divorce Act? If it is so the reason why that law was enacted was because the Muslim marriage is solemnised according to the Muslim law and there are certain Quranic edicts that have to be followed when a divorce is entered. This cannot be followed in the District Court where divorces are granted under the General Law because that law is not applicable to the Muslims.

Nowhere have the Muslims of this country destroyed the cultural heritage of the Buddhists. On the contrary it is the Buddhists who have destroyed their cultural heritage and Buddha Statues in search of treasures.

The Muslim woman according to Islam has to cover the entire body except the face and the hands below the wrist. The most cheapest and economical attain is the cloak or Habaya. The Habaya is worn not to spite the women of other communities. In a multi-ethnic country like Sri Lanka one should understand that.

Islamic way of life

There are no exclusive Muslim schools anywhere in the country. Children of other communities are admitted to all Muslim schools. The International Schools are private schools opened under the Companies Ordinance and the owner has the right to give a Muslim name to his school if the owner is a Muslim. Those International Schools admit Sinhala, Tamil Muslim and children of foreign parents. They are not exclusive for Muslims. Those who follow the Islamic way of life in this country are in no way a challenge to other communities.

There is no dualism in the laws of this country except for fact that as far as the Muslim marriage and Divorce are concerned there is a separate law. In all other respects the Muslims are governed by the General Law.

Halal certificate

There are no Sharia Courts in Sri Lanka. I do not know whether the writer is referring to Quazi Court. If it is so the Quazi Court has been set up to hear only Muslim divorce cases because the Muslim marriages are conducted according to the Muslim Law. These divorce cases cannot be heard in the District Court because the procedure is entirely different as the Civil Procedure Code does not apply to the Muslim divorce cases. There are different laws that are applicable to the different communities that live in the country.

The Muslims are governed by the Muslim Law, the Kandyans are governed by the Kandyan Law, the Jaffna Tamils are governed by Thesawalamai and the Low Country Sinhalese are governed by the General Law.

What is the freedom that the Muslims are enjoying in this country that is inflicting harm on the others? With regard to the use of loudspeakers for calling for prayer, the Supreme Court has given permission to the Mosques to use the loudspeaker for three minutes for that purpose. The Muslims have never asked for special laws that causes conflict with other communities. The Halal certificate is sought by non Muslim Traders and Super Markets to sell their products to the Muslims. Are the Muslims to be blamed for that?

Muslims do not enjoy any special privileges in Sri Lanka.

All Muslim religious days are not National Holidays in Sri Lanka except for three days. The Prophet's Birthday, the Ramazan Festival Day and the Hadji Festival Day whereas the Buddhist enjoy sixteen National Holidays.

A Madarasa is a Daham Pasala which teaches the Holy Quaran to the children. Every Muslim School has a Madarasa.

The Friday Jummah Prayer is a mandatory prayer for every Muslim. Therefore every Muslim workplace must close for this compulsory prayer whether it is a Super Market or otherwise.

Not only Rauf Hakeem there are several Muslim Ministers in the Cabinet.

What is the freedom that the non Muslims are demanding from the Muslims?

As stated earlier there are no Sharia Courts in Sri Lanka.

Sharia Law

With regard to freedom of religion for non Muslims in Muslim countries I have to state that there is absolute freedom of religion for non Muslims in Muslim countries, if the non Muslims are part of the indigenous population of that country. In Saudi Arabia there are more than eight million coptic christians who are Arabs. They have their churches and places of worship in Saudi Arabia. They are practising their religion without any hindrance in Saudi Arabia.

Islamic Banking

The floating population is not allowed to build temples and kovils in Muslim countries for the simple reason that these places of worship will go into disuse once this floating population leaves the country.

For a floating population statues are not allowed for the above reason.

The Muslims have never called the Buddhists of this country as racists or extremists.

No one has the right to criticise the other persons’ religion, according to Islam and I quote the relevant Sura or chapter of the Quran at the end of this article. That is why a severe punishment is inflicted on any person if he criticises any religion be it Islam, Buddhism, Hinduism or Christianity.

I do not know of legal settlements that have been effected according to Sharia Law in this country. In all Muslim establishments the majority of the workforce are Sinhala and not Muslims. Take for instance the garment factories owned by the Muslims, the tea factories owned by the Muslims. Only in the Muslim Banks the Subordinate Staff are Muslims because they are expected to have a knowledge of the Sharia Law of Islamic Banking. The minor staff are Sinhalese.

The rest of the article pertains to Muslim activities in other parts of the world for which the Sri Lankan Muslim are not responsible. Islam is spreading and is spreading fast.

Waduge appears to be in great fear that Islam will spread fast and overtake Buddhism in Sri Lanka. I do not think such a thing will happen in Sri Lanka during our lifetime. But the fact that Islam is spreading fast all over the world must be admitted by everyone. It is a prophecy of the Holy Prophet (PBUH) that Islam will spread.

Many Muslim women have gone for employment to the Middle East and they copy the customs of the Middle East women and adopt them here. That should not worry Waduge because those customs are harmless.

It is true that in a Muslim country where Sharia Law is practised a non Muslim cannot be appointed as a Judge because a Judge is expected to be Quran educated with a good knowledge of the Sharia Law. Non Muslims are not educated in the Quran.

Muslim schools

Waduge is wrong when she states that Saudi Arabia is not offering any rights to non Muslims when more than eight million coptic Christians are living in Saudi Arabia and practising their religion. They are all Arabs.

Waduge has quoted Chapter 9 Verse 29 of the Holy Quran. That verse does not use the word ‘Kill'. It uses the word ‘fight'. There is a world of a difference between these two words. There is nothing wrong in using the word ‘Fight’ against those who do not believe in Allah (God) or the Last Day. Jesus Christ PBUH himself commanded his followers to take the sword and fight the enemies.

Waduge asks Kareem as to where have the Buddhists denied rights to the minorities. There are many many instances but I will quote only two due to space constraints. Take the case of Grade I School Admissions. Many of the Buddhist Schools run on State funds such as Ananda, Nalanda, Dharmarajah, Mahamaya Buddhist Ladies College etc do not as a policy admit Muslim children to Grade I, whereas all Muslim Schools such as Zahira, Muslim Ladies College etc admit Sinhala children to Grade I.

Take the State services where 10 percent of the population are Muslims. What is the percentage of Muslim Public Servants. Less than 2 percent and most of them are school teachers. In the Administrative Service the percentage is less than 1 percent except a few in the Eastern Province. With regard to Animal slaughter I wish to state than the 5th Pillar of Islam is Hadji the Festival of Sacrifice. On this day a Muslim if he can afford and who does not perform the Hadji is commanded to sacrifice a camel, bull or a goat in the name of Allah (God). That is a fundamental right of a Muslim and we Muslims will continue to observe that religious duty whatever others may have to say.

We Muslims are a peace loving community and we do not intend to harm the religious practices of the Buddhists or any other religion. We have lived in perfect harmony with every community in this country and let us continue to live like that in the future.

I am quoting Sura 109 of the Holy Quran for the information of Waduge.

“Unbelievers, I do not worship what you worship, nor do you worship what I worship, I shall never worship what you worship, nor will you ever worship what I worship. You have your own religion, and I have mine.”