De-radicalisation is the word, pinpoint to the intention of the legislation in Government Gazette (GG). The wording of GG regulation is however in want of intelligence, if that defect, in itself, was not calculated in the draft.
Extremist religious ideology is the declared objective of these regulations No 1 of 2021 (GG). The specific offence is by a person who: ‘by words spoken …. causes or intends to cause commission of acts of violence or religious racial social causing disharmony or feelings of ill will of hostility BETWEEN different communities …etc’ OR ‘intended to be read … cause…etc’. De-radicalisation from holding extremist religious ideology is by a person and against groups. Several problems however emerge through the above provisions. In order yet that these perceived problems are presented in some orderly manner, recourse is had to certain basic principles of Aristotelian (A) logic enunciated over 3000 years before. This thinking has some relevance even today.
Firstly, in looking for the objective in GG, it is found these same provisions in the GG are contained in the Penal Code, duplicity in law. The difference is perhaps reference to the ‘extremist’ in the GG, not in the Penal Code. The relationship of the objective of one to the other, the GG to the Penal Code, is nevertheless not clear. But that want of clarity does not stay in the hand of the GG. The issue in terms of A is one of apparent reasoning, of objectives confused, which A called a fallacy. That fallacy is one of apparent reasoning which ‘appears to conclude but does not’. This fallacy comes from a propensity to jump in the process through apparent reasoning from one cause to another, from the single to the others. This fallacy also comes from recognition of the appearance of likeness of the truth, not the truth itself. In this instant case, the fallacy has the characteristics noted by A. This fallacy, by its very nature, leads, as A notes, to deception, intentional or unintentional.
Another name for this deliberate fallacy in reasoning is sophism. Sophism is calculated to exploit this apparent likeness of objective even at the cost of truth. This, as A notes, is a habit of specious wisdom. The apparent teaching under sophism, as A further notes, is also a purveyor of phony wisdom. It is added here that apparent wisdom is to produce for the sake of profit. The need then, even now, 3000 years later, is to consider whether similar impulses can be discerned in the garb of the current GG.
Since the objective of the GG is not clear, and a practice specious wisdom termed Sophism intrudes into the discussion, the logic of A advises the concept of fallacies. This malady also enters into the consideration. Fallacious is the equivalent of specious reasoning. These can originate, A says, from two sources: from the words used in the reasoning; from the connections made between the things brought about. These are also termed fallacies dependent on language, fallacies independent of language.
Fallacies dependent on language
. – This is the result of a plausible error of equivocal usage of words. One of the ambivalent words used in the GG is De-radicalisation. De-radicalization comes from the word radical. But the word radical has a double meaning, one the extremist in the negative sense it is used in the GG, the other radical means fundamental, thorough, in a positive sense. One is extreme in tone, the other is moderation. GG does not differentiate it meaningfully, intelligently. Ambiguity then runs through the provisions of the GG. The equivocal ambiguity does not make for good law, for good police action. Apparently this draft was made by the Minister of Justice (M of J), unthinking or perhaps intentional. Either way it was set down by MoJ. This sophist practice of using words with double meaning presents therefore a problem for the Supreme Court (SC).
Fallacies independent of language
– Action is prescribed in terms of the GG. There are serious problems the GG law encounters in the course of its action. Primarily the difficulty is with the Police. If the law in the GG is not clear as described above, the executive action following would be seriously questionable. In practical terms Police have been taking into custody persons whose actions are not within the terms of the GG. Individual criticisms of the government on diverse matters unrelated to the scope of the GG. In many cases Magistrates have rejected the submissions of the Police, even criticising Police action. The load of rights law violations is heavy and the issues are replete in the records. The GG will only add to the burden of the courts to deal with.
The exact point MoJ is trying to prove is that of De-radicalisation. In the draft of the provisions for the GG, MoJ is using only a general reason or partial reason, not to the very point of the radical, or using the reasoning process misleadingly. The reasoning in the GG has then only an appearance of reasoning, not reasoning to the exact point. Here reasoning is of the one radical which is to include all radicals, the consequence of one radical on all radicals etc. as examples of fallacy in reasoning in specious wisdom.
It is not clear either that such confusion of issues engaged the attention of MoJ. Whether intentional or unintentional, the draft has been made by MoJ. Apparently then, the De-radicalization programme embodied in the GG provisions are riddled with faulty construction, noted above, which is even inimical to Aristotelian principles of logical thinking.
If the law is not clear, violation of rights under this law can also be problematic. The issue of rights therefore is prominent in this mal-arrangement. The issue of rights of persons arrested under dubious provisions will come to the fore. The question is whether the BASL will take cognizance of this. Apparently not, going by what has transpired thus far under the GG provisions. It is unlikely the BASL will act as the AAA in the US, the parallel of BASL in the US. If yet, some cases of flagrant violations of rights are filed against miscreant police officers an effective check of such malpractices can then be expected. Trust this observation will catch the eye of the Petitioners before the SC.
FRANK de SILVA Narahenpita
Another mother and son to be admired
It was with a sense of awe, admiration and joy that I read the piece by Capt. Elmo Jayawardene in The Island of 25 Oct. 2021, on the achievements of Dr Pahalagedera Jayathilaka, a handicapped youth from almost the wilderness in a village called Dandu Bendi Ruppa in Nuwara Kalaviya who had achieved almost the impossible, gaining a super First Class from the University of Moratuwa and a PhD in Fluid Dynamics from the National University of Singapore. Thereafter he has been attached to the University of Oxford as a Research Scientist. All credit for his achievements has to go to his mother, Pahalagedera Dingiriamma who did everything within her means to enable her son to achieve the almost impossible, by cultivating vegetables to feed, educate and raise eight offspring.
Dr. Jayathilaka is a person we Sri Lankans have to be proud of and also get children to emulate his achievements. The most important thing about this patriotic son of the soil is that he wants to return to Sri Lanka and give something back to his motherland in return for the free education he has had. This is when most of the youth are clamouring to go abroad.
There is another mother and a handicapped son who have to be admired. The boy is Brian Eaton who had just received his Ordinary Level examination results and he has got A grades for all nine subjects. He was featured in the Sirasa TV programme Lakshapathi, which is the local equivalent of Who wants to be a millionaire. He lives with his mother, who is a seamstress, in Mattakkuliya. He is blind. He has read over 200 books in braille. The mother had to take him by bus to the Blind School in Ratmalana. It used to take about two hours to get to the school and another two hours to return home. As the mother had to wait till school is over, she used to take the material and cut same while waiting for her son. She does the sewing after returning home.
Though they are Christians, Brian had wanted to study Buddhism and seemed to know more about Buddhism than most Buddhist youth.
Brian was accommodated as a special case on the Lakshapathi programme without his having to face the “fastest finger first” selection process. His knowledge of all subjects was such that he was able to answer many questions without any assistance. He came up to the Rs. 2.0 million penultimate question without much difficulty and answered it correctly. Then it was the final question for the jackpot prize of Rs. 3.0 million. Brian decided to withdraw from the programme without attempting to answer the final question as he was not very sure. He withdrew securing Rs.2.0 million. Before he stepped down from the hot seat, the quiz master asked him what would have been his answer. And to everybody’s dismay the answer he gave was correct and he missed out on another Rs. one million.
Brian is an exceptional child who has successfully overcome all disabilities, with the untiring efforts of his mother, to reach the top of the programme which had evaded many of the normal children who had participated in this programme. We wish him success in all his future endeavours.
MH Nissanka Warakaulle
Warnapura: A colourful cricketing giant
Bandula Warnapura secured his name in the annals of Sri Lankan cricket as the country’s first Test Cricket Captain. As Sri Lanka’s opening batter, he faced the first delivery bowled by Bob Willis during the inaugural test match played between Sri Lanka and England on the historic day of 17 Feb. 1982, at the P Sara Stadium (previously known as Colombo Oval), in Borella. Further, he scored the first test run for his country. Records are usually meant to be broken as it happens regularly in the sports arena world over. But Warnapura’s feats will never be disintegrated. What a privileged position to be in! It is an exceedingly rare combination of persistent commitment, endurance, and of course, luck, over a long period of time.
My happy memories of Bandula Warnapura were linked with our school days about 12 years prior to the country’s first test match.
I vividly remember his exceptional achievements during his school career at Nalanda College between 1968 and 1972. Towards the latter part of this period he rose to fame of an exceptional degree. His name became a common household one; in fact, no other school cricketer at the time received such media attention. Two other contemporary school cricketers who came close to him were Duleep Mendis and Roy Dias; a wonderful triumvirate who dominated school cricket in the early 1970’s.
In 1971, Warnapura everyone expected the batting machine to break the existing batting record of the Ananda – Nalanda annual cricket encounter (popularly known as “Battle of Maroons”) when he captained the Nalanda cricket team. However, he only managed to score half a century (53), which brought much disappointment to many cricket fans.
As a grade 9 student of Ananda College at the time, I still treasure fond memories of his record-breaking epic innings of 118 not out in 1972 at the big match. He broke the 44-year-old batting record (111) held by another Nalandian P M Jayatilaka in 1928. I was in the Ananda (rival) pavilion; the overwhelming expectation of the other boys of the Ananda pavilion was against him reaching a glorious century. However, I was quietly feeling happy for him and honestly wanted him to achieve the century and surpass the existing record. After breaking the then batting record, the Nalanda pavilion was ecstatic and Bandula Warnapura became a school cricketing legend. I remember well, the legendary cricket commentator Premasara Epasinghe staunchly supporting Warnapura throughout his career.
W arnapura’s subsequent cricketing career was remarkable and by accident in 1979 he captained SriLanka and won a World Cup match against the star-studded Indian team (Gavaskar, Kapil Dev et al.). Most believe that as an ICC associate member, beating an ICC full member was the precursor state for the elevation of the Island nation to the test status in 1981. It was a dream come true for all cricket fans in Sri Lanka. However, at this time around, Warnapura’s cricketing career was on the decline and ended abruptly after the ill-advised rebel South Africa tour in 1984.
Bandula Warnapura’s sad demise at a relatively young age is indeed extremely sorrowful news.
Thank you Bandula for giving us fond memories with great nostalgia during our school days. May you have a fruitful journey of sansara and finally attain the supreme bliss of nibbana!
Prof Ananda Jayasinghe
University of Peradeniya
Ali Sabry’s equation
by Rohana R. Wasala
Justice Minister Ali Sabry is reported to have said the traditional brand of Islamism which has been practised by Muslims in Sri Lanka for centuries has to be preserved while the religion should not be practised according to the likes of one group. He reportedly made this remark after taking part in a religious ceremony at the Dewatagaha Mosque, Colombo. (This architecturally impressive place of Islamic worship is a proud national monument situated at the heart of the commercial capital; it is a symbol of the peaceful coexistence of Muslims with Sri Lankans of other faiths.) The Minister is reported to have added that unity among Muslims in Sri Lanka should also be preserved just like preserving unity among various religious and ethnic groups.
Sri Lankans of all beliefs interested in the early restoration of the externally disturbed customary religious and communal harmony subscribe to that laudable view with the necessary alterations. But will his equation of Islam with Islamism work in the current context.
(CAVEAT: There is no way to check the authenticity of the news report in question unless Minister Ali Sabry confirms or denies what is claimed in it about him. It has not been indicated in which language he expressed these ideas. Did he actually use the words Islam and Islamism speaking in English or their equivalents speaking in another language, or has the media arbitrarily translated into English, using those two terms, what the speaker said in another language?)
But for the purpose of this essay, I assume that the Minister’s words have been reported accurately. I don’t know whether Muslims in Sri Lanka have started using the words Islam and Islamism interchangeably, which, of course, I’d have thought, is a near impossibility, given the universally recognised difference in meaning between the two terms. Google.com defines Islam as ‘the religion of the Muslims, a monotheistic faith regarded as revealed through Muhammad as the Prophet of Allah’. Islamism on the other hand, is generally taken to mean Islamist fundamentalism associated with violent militancy, which is purely a religiopolitical movement. The Wikipedia defines Islamism thus: “Islamism (also often called political Islam or Islamic fundamentalism) is a political ideology which posits that modern states and regions should be reconstituted in constitutional, economic and judicial terms, in accordance with what is conceived as a revival or a return to authentic Islamic practice in its totality”.
(By the way, the Wikipedia is no longer regarded as an easily available smart tool for the amateur researcher for the reason that the entries are made by voluntary editors at various levels of scholarship and academic authority and authenticity. The Wikipedia user must be sufficiently educated and well informed to be able to separate the wheat from the chaff. In this case, the definition given is sound enough.) Explaining the relation between Islam and Islamism, the Wikipedia says:
“The relationship between the notions of Islam and Islamism has been subject to disagreement. Hayri Abaza argues that the failure to distinguish between Islam and Islamism leads many in the West to support illiberal Islamic regimes, to the detriment of progressive moderates who seek to separate religion from politics. A writer for the International Crisis Group maintains that “the conception of ‘political Islam’” is a creation of Americans to explain the Iranian Islamic Revolution and (that) apolitical Islam was a historical fluke of the “short-lived era of the heyday of secular Arab nationalism between 1945 and 1970”, and it is quietist-political Islam, not Islamism, that requires explanation.
“Another source distinguishes Islamist from Islamic “by the fact that the latter refers to a religion and culture in existence over a millennium, whereas the first is a political/religious phenomenon linked to the great events of the 20th century”. Islamists have, at least at times, defined themselves as “Islamiyyoun/Islamists” to differentiate themselves from Muslimun/Muslims. Daniel Pipes describes Islamism as a modern ideology that owes more to European utopian ideologies and “isms” than to traditional Islamic religion.”
When Ali Sabry reportedly made the particular remark, he probably had in mind what the Wiki quote refers to as ‘quietist or political Islam’ (which, in common parlance, is called ‘moderate Islam’). Moderate Islam is not regarded as a problem, but Islamism definitely is. It need not be reiterated that the problem of Islamism affects the whole world. As far as Sri Lanka is concerned, Islamic/Islamist fundamentalism came to prominence relatively recently, although it has been smoldering since the mid-20th century as some commentators have pointed out. Given this background, responsible speakers do not use the two words (Islam and Islamism) as alternatives. I believe that minister Ali Sabry speaks as a responsible person. That is why I am sceptical about what has been reported of his speech. But these are strange times. Anything is possible.
However, it is somewhat inconceivable that Ali Sabry, who has been entrusted by the President with such a great responsibility or an array of responsibilities as he bears in a government that sought election on the main platform of “One Law, One Country” and that is poised to bring in a new constitution, made this thoughtless identification of Islam with Islamism.
The President wanted to assure the Muslim community that they were safe and would not be subjected to discrimination under his rule, particularly in the face of incursions into Sri Lanka of rampant Islamist extremism, although most Muslims did not vote for him at the presidential election in November 2019. It is conceivable that the President’s more important aim in appointing Ali Sabry to that key post was to enlist the participation of the Muslim community in governance despite their implicit initial refusal of his goodwill. It is unlikely that Ali Sabry has forgotten this.
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