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Cremation of Muslim Covid-19 victims: 

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The path not taken

The rule that all Covid-19-infected patients, who succumb to the virus, must be cremated was introduced by the GOSL on the 11th of April 2020.

 

The Path Taken

The response of the Muslim community which was traumatized by this new rule had the following timeline:

Initially, pressure was brought  to bear on the Authorities by way of protests, petitions and appeals for the revocation of this order. The Authorities remained unmoved.

Then, attempts were made to circumvent the law, by sick Muslims, not seeking medical assistance in the hope that should they expire, they could then be buried, in accordance with the usual practice. The Authorities responded by introducing a new condition that all deaths, at home, must undergo PCR tests and, if necessary, a post-mortem examination to determine the exact cause of death. This meant that the burial of non-Covid Muslim deaths was delayed by over 24 hours.

Next, the Muslims began advocating a civil disobedience campaign aimed at non-compliance with the stipulated law. The families of Muslims were encouraged not to participate in the process of cremation of their Covid-infected dead by formally identifying and ‘accepting’ such bodies or accepting the ashes. This was attributed to the high costs involved and resulted in the cadavers of dead Muslims rotting away in morgues and ice-rooms for weeks/months. By actively encouraging this act of civil disobedience, the Muslims had deliberately shown the middle finger at Hadith No 401, Vol 2, Book 23 (Sahih Al-Bukhari), which urges Muslims to “Hasten the funeral rites”. So much for the pseudo-piety of such Muslims!

This phase of the Muslim-action also saw the sudden awakening of International Organizations and Foreign Health Professionals to the cremation issue in Sri Lanka – more than six months after the introduction of this new rule. They added their voices to the anti-cremation agitation in Sri Lanka. What is puzzling is the relatively long duration of time (nearly eight months) it took for some of these ‘World-renowned’ qualified personalities to offer their expert opinion on this matter.

A ‘White-Ribbon’ campaign was started through social media which fizzled out after a brief moment in time, but not before providing an opportunity for some members of the Ulema to enjoy their five minutes of fame on social media.

This phase also saw a change of heart amongst a group of minority non-Muslim politicians. These persons who remained unmoved and indifferent to the plight of Muslims being unceremoniously ejected from Jaffna and to the slaughter of 140 Muslims at prayer in a Mosque in Kattankudy, suddenly experienced a major softening of their hearts at the thought of Muslims being cremated. 

After the receipt of two reports by Committees appointed by the Ministry of Health, the Authorities decided in early January 2021 that all Covid-related deaths will continue to be cremated in the best interests of the Country.

Finally, after over nine months had elapsed since the issuance of the cremation order, realization began to sink into the ossified minds of the Muslims. This is best summed up by the recent words of a well-known Muslim activist cum social commentator: “There is no doubt in my mind now that this whole cremation denial is a ploy to radicalize our youth and get them to do something rash. The slightest provocation from Muslims will trigger a mass riot which will destroy the Muslim economy, livelihood, wealth and property. Please talk to your children, the youth around and peers not to fall for their ploy.”

So, it took around nine months for the Muslims to realize that they should avoid creating the “slightest provocation” (Fitna) in response to the cremation order from the Authorities. If only they had chosen instead to heed the advice of the Holy Prophet that Muslims should at all times settle their problems through Consultation (shura) and Consensus (ijma) rather than adopting an aggressive and confrontational stance.

 

The path that should have been taken

The secular leaders of the Muslim community and the Scholars (Ulema) failed their members miserably at a crucial moment in time when the situation called for clear, cool-headed, objective reasoning and analyses  of ground facts rather than being influenced by emotion and religious sentiment. These leaders/scholars should have focussed all their energies towards calming and reassuring the shocked and traumatized members of their community. 

Upon the issuance of the cremation order, the Muslim community should have immediately been advised that according to the Quran and Hadith, it is NOT A SIN for a Muslim to be cremated UNDER COMPULSION. ‘Al-Darurat Tubih Al-Mahzurat’ is a legal maxim in Islamic Jurisprudence that translates as ‘Necessities Overrule Prohibitions’ and that allows a Muslim in extreme circumstances to do something that would normally be haram (forbidden) to save his own or another’s life. This fact should have been extensively publicized through media and sermons and impressed upon the Muslim masses.

Permission should have been obtained from the Authorities for Muslim families to recite prayers as close as possible to the crematorium when a Muslim  was being cremated. – even if it just outside the boundary walls of the crematorium. The cathartic effects of prayers would have contributed immensely towards providing solace and consolation to the family and thereby ameliorated their trauma.

Muslims should have been urged to direct their Zakath (obligatory charity)  to a common fund to assist those families who are unable to meet the costs associated with the cremation process. This would have served to enhance the spirit of brotherhood amongst the Muslims with the ‘Haves’ assisting the ‘Have-nots’ at a moment of crisis within the community.

All Covid-infected Muslims who were cremated after death should have been conferred the status of ‘Shaheed’  or ‘Martyr’, based on the Hadith  “He who dies of plague is a martyr” (Ṣaḥīḥ al-Bukhārī, No. 5733). The elevation of their late family member to such a spiritual level would have served to lessen the trauma of cremation.

All the Muslim Cemeteries should have been ordered to allocate a special area for the burial of Muslim ashes. These burial plots should have had permanent markers and headstones (meezans), should not be re-used and be given the same social status as the Muslim War Graves at the Jawatte Muslim Cemetery. This would have served to remind Muslims now and in the future that at a time when our Motherland was facing a national crisis of immense proportions, there were Muslims who were compelled by circumstances to sacrifice their obligations to Islam.

These measures would have gone a long way towards easing the pain and trauma experienced by Muslim families who had a Member cremated due to Covid.

And in the meantime, the Muslim community should have conducted discussions with the relevant Authorities to have the cremation order revoked without any publicity by presenting the views and opinions of qualified Health Professionals on this subject. The Muslims failed to realize the fact that their confrontational approach to bring pressure to bear on the Authorities by getting various International organizations to issue statements decrying the decision to cremate may only serve to harden the stand of the Authorities. 

 

Bisthan Batcha

 

 



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Opinion

Resolution of grief, not retribution

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Ahamed Kathrada, friend and advisor to Nelson Mandela said of Robben Island, where Mandela was imprisoned for close to 30 years, that “While we will not forget the brutality of apartheid, we will not want Robben Island to be a monument to our hardship and suffering.”

Similarly, we do not want our beloved country to be a monument to our suffering. As Kathrada said, we want our country to be a symbol of the triumph of the human spirit against the forces of evil, a triumph of courage and determination over human frailty and weakness. Managing the painful history of this country should be focused on achieving this objective.

Emotions, such as sadness, worry, anger and in some cases, hatred, festering in our society over the past forty years appear now to be reaching boiling point.

Considering my professional background and knowledge of the mind, I am not surprised by that.

Violence is wrong no matter which side it comes from and regardless of its source. However, the bitter truth that emerges when examining the history of the past forty years, even when looking at it from the best possible angle, is that the foundation of the immoral, illegal and violent politics established took root in Sri Lanka, after 1977.

Actions and counteractions of the negative political culture including violence then established, brought nothing but destruction to Sri Lanka.

The bitter truth is that our collective conscience, sensitivities and actions as a nation, are shaped and coloured by this ongoing aggression and violence that equally affected both the South and the North.

The specific period of terror of 1987 – 1989 was focused mainly in the South. Accepting the fact that the majority of those who suffered during this period were Sinhala Buddhists is merely stating the reality; it is not approaching the problem from a narrow, racist or religious perspective.

It should also be added that I myself was a victim of that terror.

The Sinhala Buddhist culture has a distinctive tradition process for alleviating the grief due to a death by holding awake: sharing the pain of loss with those closest to you, and engaging in religious activities specifically in remembrance of the dead person, a sequence of events including offering alms, that provides time to heal.

It is this cultural heritage of managing loss and grief that was taken away from those who lost their lives and their loved ones in 1987- 89. It is only those who have faced such unfortunate experiences who know the compulsion and pain left by that void, where there was no time to process loss and grief. It is time for introspection – for genuine reflection.

With this background as our legacy over multiple generations, we need to pay greater attention to guarding ourselves against the potential response of “identification with the aggressor.” Identification with the aggressor is an involuntary or sub-conscious psychological defence mechanism and a reaction to trauma where the victim who underwent the trauma identifies with and mimics the behaviour of the person who carries out the violence, as a psychological coping mechanism.

Such responses can be seen in, for example, children undergoing abuse, or young people undergoing ragging. The usual reaction one would expect is for the victim to refrain from abuse or ragging. However, contrary to that expectation, research has revealed that the victim displays behaviour similar to that of the person who abused or ragged him/her.

A clear understanding of how is this concept likely to impact the current political climate is critical at this juncture.

Wielding immense political power, politically less experienced and matured social strata may unknowingly become prone to treating their opponents in the same way that the oppressors of the past victimised them. Therefore, the leadership should be sensitive to the potential of former victims almost unknowingly impose past sufferings on current opponents. It is the responsibility of politically enlightened social strata to identify and prevent that situation in advance. It is a moral obligation of all political parties not just the ruling party.

I would like to share a personal experience in this context. Assistant superintended Senaka de Silva was the man who brutally tortured me at the torture camp at Chitra Road, Gampaha, run alongside the Batalanda torture camp.

After my release, I was working as the Head of the Emergency Treatment Unit at the Sri Jayewardenepura Hospital, when the former ASP de Silva brought his niece there for treatment, unaware that I worked there. He was disconcerted to see me and immediately turned back and walked away. I sent the security officer to bring that child back, admitted her to the hospital and did my best to treat her. The thought process and action that I followed that day is what I adhere to date as well. At the time I was only a specialist in family medicine, today, as a professor of psychiatry, I see these events from a much broader point of view.

The force of emotions arising due to pain or injustice can be destructive to society, but it is also possible to divert it into a force for good. For example, the lack of any post-election violence at the Presidential elections of 2024 indicated a commendable positive direction in social movements. Similarly, the dialogue arising around the Batalanda torture camp, too, should be constructive and forward thinking, so that we shall never again see such an immoral political culture in Sri Lanka.

Ahamed Kathrada, friend and advisor to Nelson Mandela said of Robben Island, where Mandela was imprisoned for close to 30 years, that “While we will not forget the brutality of apartheid, we will not want Robben Island to be a monument to our hardship and suffering.”

Similarly, we do not want our beloved country to be a monument to our suffering. As Kathrada said, we want our country to be a symbol of the triumph of the human spirit against the forces of evil, a triumph of courage and determination over human frailty and weakness. Managing the painful history of this country should be focused on achieving this objective.

This does not mean that we have to essentially follow the South African model of truth commission for reconciliation but we do it in a culturally sensitive way that suits us.

As a Nation we all need to understand that situations arise neither to laugh nor to weep, but to learn from past experience.

(The author of this article became a JVP activist as a student in 1977. He was the Secretary of the Human Rights organisation of Sri Lanka in late 1970s and early 1980s. He was known as the personal physician to the late leader of the JVP Rohana Wijeweera.

He was arrested and imprisoned in 1983, but later released without any charge. He was abducted in broard daylight on the 19 July 1988, held in captivity and tortured. He was released in 1990.

An internationally renowned academic, he is an Emeritus Professor of Global Mental Health at Kings College London and Emeritus Professor Keele University. He is also the Director, Institute for Research and Development in Health and Social care and the Chairman of the National Institute of Fundamental Studies.)

by Professor Athula Sumathipala

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Opinion

Haphazard demolition in Nugegoda and deathtraps

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A haphazardly demolished building

The proposed expansion of the Kelani Valley railway line has prompted the squatters to demolish the buildings and the above photograph depicts the ad-hoc manner in which a building in the heart of Nugegoda town (No 39 Poorwarama Road) has been haphazardly demolished posing a risk to the general public. Residents say that the live electric wire has not been disconnected and the half-demolished structure is on the verge of collapse, causing inevitable fatal damages.

Over to the Railway Department, Kotte Municipality Ceylon Electricity Board and the Nugegoda Police.

Athula Ranasinghe,

Nugegoda.

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Opinion

Aviation and doctors on Strike

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Crash in Sioux city. Image courtesy Bureau of Aircraft Accident Archies.

On July 19, 1989, United Airlines Flight 232 departed Denver, Colorado for Chicago, Illinois. The forecast weather was fine. Unfortunately, engine no. 2 – the middle engine in the tail of the three-engined McDonnell Douglas DC 10 – suffered an explosive failure of the fan disk, resulting in all three hydraulic system lines to the aircraft’s control surfaces being severed. This rendered the DC-10 uncontrollable except by the highly unorthodox use of differential thrust on the remaining two serviceable engines mounted on the wings.

Consequently, the aircraft was forced to divert to Sioux City, Iowa to attempt an emergency crash landing. But the crew lost control at the last moment and the airplane crashed. Out of a total of 296 passengers and crew, 185 survived.

The National Transportation Safety Board (NTSB) declared after an investigation that besides the skill of the operating crew, one significant factor in the survival rate was that hospitals in proximity to the airport were experiencing a change of shifts and therefore able to co-opt the outgoing and incoming shift workers to take over the additional workload of attending to crash victims.

One wonders what would have happened if an overflying aircraft diverted to MRIA-Mattala, BIA-Colombo, Colombo International Airport Ratmalana (CIAR) or Palaly Airport, KKS during the doctors’ strike in the 24 hours starting March 12, 2025? Would the authorities have been able to cope? International airlines (over a hundred a day) are paying in dollars to overfly and file Sri Lankan airports as en route alternates (diversion airports).

Doctors in hospitals in the vicinity of the above-named international airports cannot be allowed to go on strike, and their services deemed essential. Even scheduled flights to those airports could be involved in an accident, with injured passengers at risk of not receiving prompt medical attention.

The civil aviation regulator in this country seems to be sitting fat, dumb, and happy, as we say in aviation.

Guwan Seeya

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