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December 2004
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Muslim Perspectives

The Widening Gap
By M.Hanif Lakdawala
Ramadan is over and lots of money was distributed as Zakat. Yet, the poor Muslim of the country’s richest city is still deprived of the most basic necessities of life.


Ramadan passed off peacefully. Majority of Muslims (eligible) distributed zakat. Islamic Voice in association with Trends Research and Analysis Centre (TRAC) conducted a study on the pattern of Zakat distribution in Mumbai.


The study focused on two aspects. What is the top priority of the Zakat distributor? Secondly what are the real issues of the downtrodden and those who deserve Zakat?


The research design followed was the combination of Cross-Sectional designs and longitudinal designs. Sampling techniques followed was stratified sampling. The total sample size was, 136 (57 Zakat givers and 79 Zakat takers).


The study revealed that there is a huge gap between the priorities of Zakat giver and those eligible for Zakat. 39% of the Zakat giver’s priority is education, both secular and religion.17% gave preference to unrelated poor from the city. 14% gave importance to generating employment for Muslims, 13% preferred Islamic organisations.11% opted for Masjid renovation, and 3% for Dawah activities amongst non-Muslims. 3 had other priorities.


The deprived section’s top priority is the lack of basic necessities of life.26% of the respondents felt that water is their top priority.19 % said lack of toilet facility, specially for women and children, is their real issue, 21 said that education aid will make their life worth living. 18% were worried about their increasing debts, 11% identified sanitation, and health care, 5% other issues.


Ironically, making available the basis necessities of life like water, healthcare, sanitation and toilet facilities is not the priority of the Zakat givers in Mumbai inspite of the fact that more than 50 % of Muslims in Mumbai live in slums. Ironically, out of 57 Zakat distributors, none of them considered Muslims living in slums as a top priority. Even seven respondents who also distribute Zakat to the slum dwellers do so only for education.


Another neglected aspect as revealed in the study is that none of the respondents considers Muslim women living in the Mumbai slum as deserving top priority for Zakat. Consider this- one of the respondent, Sakina had to wait till midnight to search for a suitable place to answer nature’s call. Another respondent Nasreen had to walk two kms everyday to get couple of literes of water. There are a slew of women like Sakina and Nasreen whose daily life is nothing but a never-ending struggle of survival.


Lack of water and non-existent toilet facility, leads to health related problems, which once again pushes them further into the depth of poverty. On the one hand, they are unfit to work because of bad health. Secondly what ever they earn is spent on treatment.


Millions of rupees are distributed every year as Zakat. Still the poor Muslim of the country richest city is still deprived of the most basic necessities of life. How much it takes to provide a water tank and toilets for a slum cluster of about 100. Hardly couple of thousands.


No doubt 41% of respondents give top priority to education while disbursing Zakat. But the figure is misleading. Our survey last year revealed that more than 80% of the Zakat disbursed under the head of education is given to middle and lower middle class Muslims. A major chunk is distributed for post-graduate education and for managing the network of Madrasas.


Since last couple of years, the share of the downtrodden Muslim is further reduced, thanks to the trend of the so-called Islamic schools. Even these Islamic schools cater exclusively to the middle class. Since they survive on Zakat and donations, the share which is the right of the most deprived sections of our society is diverted to the middle class, pushing the downtrodden further in the poverty trap.


Out of the 79 Zakat takers, only 19% is able to afford the education. The rest just cannot afford education, not even the free education in the municipal schools as they cannot afford the cost of uniform, textbooks, notebooks and other related expenses. This further confirms that Zakat disbursed under the education head goes to the middle and lower middle class and not to the downtrodden.


In Mumbai, during Ramadan, a number of mosque received expensive carpets. The cost runs in lakhs. With the same money, water tanks and toilets can be easily constructed for the poorest Muslims living in the slums.


The study covered 15 mosque also and atleast in10 mosques one or the other renovation was underway.


Another alarming finding of the study is that out of the 41 respondents, 35% reserved a major portion of their Zakat for their pet projects. Few have their own schools, or other social projects.63% respondents give huge percentage of their total Zakat to mega projects.71% respondents said that a major portion of their Zakat goes to those who approached them rather than doing some own research.


Zakat is one of main economic tools for the social and economic upliftment of the Muslim. It deserves more attention. More research and studies are needed so that the real essence of the Zakat is achieved.


(This article is the first in our series of stories on the “Issues of the Downtrodden Sections” among the Muslims).


(The writer can be reached at mhl@rediffmail.com).
Islam and Modern Education-Part 2
By S.A.R Adil
In the field of contemporary education, the community’s effort and initiative has neither been adequate nor properly directed.


The Indian Constitution has given protection to religious minorities in respect to their interests and rights to establish and administer their own Educational Institutions.


Constitutional Provisions and Implementations


After independence, as a culmination of the prolonged debate, the following were accepted and included in the Constitution of India.


Art. 29: Protection of Interests of Minorities:


1. Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.


2. No citizen shall be denied admission into any Educational Institution maintained by the state or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.


Art. 30: Rights of Minorities to Establish and administer Educational Institutions:


1. All minorities, whether based on religion or language, shall have the right to establish and administer Educational Institutions of their choice.


1.A) In making any law providing for the compulsory acquisition of any property of any educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such a law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under the clause.


2. The State shall not, in granting aid to Educational Institutions, discriminate against any Educational Institution on the ground that it is under the management of a minority, whether based on religion or language.


Needless to say that despite the above provisions, the literacy rate of Muslims in India remained abysmally low. This scenario raises some basic questions:


1. Why, despite the community existence of Muslims starting from the word “Iqra”, i.e. “Read” from the first revelation of the Quran, are we a Community so un-read (educationally backward)?
2. Why, despite pursuing education so vigorously and achieving so much success in the early period of Islam, we now find ourselves in such pathetic state?


3. Is our plight today a legacy of or failure from the more recent past?


There are various viewpoints, which have been put forward in this regard and the reasons, Mr. Mohd. Shafiquz Zaman (I.A.S) has classified in his eminently authoritative book, “Problems of Minorities Education” are worthy of being mentioned. The reasons he lists are:
A: Insecurity: Fear of losing cultural identity, fear of losing their belief and value system and fear of finally being devoured by the majority. He observed that despite constitutional provisions safeguarding the educational and cultural rights being there, the fears Muslims held never got allayed, rather even got strengthened due to several unfortunate issues, which kept cropping up off and on. One such issue being the textbooks portraying Muslims in poor light and the derogatory remarks against Islamic beliefs and practices. Further the insistence on compulsory singing of Vande Matram, Telugu Talli or Saraswati Vandana on the one hand and the inclusion of Vedas and Upanishads in the school syllabus was an added cause of apprehension for the Muslims. There was a need to understand that the basic faith of a Muslim rests on his acceptance of there being no God, but Allah and Muhammad (Pbuh), being his messenger (La Illaha Ilallah Muhammadur RasoolAllah). Monotheism in Islam is so total and untainted that it becomes impossible for a Muslim to even remotely associate anybody with Allah, hence their difficulty in coming to terms with Vande Matram, Saraswati Vandana etc., Besides, what is the need to impose the singing of these songs when even the Supreme Court has ruled in 1986 that it was not legally obligatory for anyone to sing even the national anthem. “The Law only commands respect for the national anthem”. As reported in Asian Age, Mumbai edition 23/11/98. “What made matters worse for the Muslims was the agenda notes made by the Ministry of Human Resources Development, Govt. of India in the conference of Education ministers and Secretaries of the States on 22-24th Oct’1998. There were a whole lot of controversial portions in the notes, which raised a storm and had to be finally withdrawn by the Union Govt. under stiff opposition from some quarters. All these things continue to dog the Muslim psyche even today”.


B: Ambiguity of Law: Even after 50 years of independence and adoption of the Constitution, a comprehensive definition of minority educational institutions could not emerge. Even the term ‘minority’ is not defined in the Constitution and it was only in 1959 that the Supreme Court held that the term minority with reference to Article 30 (A) must be determined on the basis of the population of the whole State to which the Law applies. The Rights of Minorities in respect to education only emerged subsequently through the Court Judgements as below:
Minorities Educational Rights Emerging through Court Judgements:


1. An individual member or a group of minority community can establish a minority educational institution, provided the institution is established for the benefit of the minority community.


2. Educational institutions established, before the promulgation of the Constitution, by persons of Indian origin belonging to minority community alone or in union with foreigners can claim the rights under Article 30 (1).


3. Receiving the funds from the state, or members of majority community or administration of an educational institution does not affect the minority status of that institution.


4. An educational institution established by the minority community even without the object of conserving its script, language and culture is protected under Article 30 (1).


5. Rights under Article 30 (1)
can’t be abridged, although regulatory measures could be imposed by the government in view of maintaining efficiency.


6. There is no fundamental right of a minority institution to affiliation. However any law, which provides for affiliation on terms that involve abridgement of the right of linguistic and religious minorities to administer and establish educational institutions of their choice will offend Article 30 (1).


7. ‘Administration’ means ‘management of affairs’, which is free of control so as to enable the founders to mould the institution with their ideals and how the interests of the community are best served.


8. A minority community cannot claim the right under Article 30 (1) to administer an educational institution, which it has not established.


9. The minority communities have a right to form their own governing body to manage their educational institutions without interference from the State.


10. ‘Administer’ in Article 30 (1) includes enforcements of discipline in regard to dress and other matters.


11. Converting an affiliated college of a minority community, against the will of the management, into a constituent college with the teaching to be conducted by the University is unconstitutional.


12. The State cannot interfere with the right of the management to choose the Prinicipal or Headmaster.


13. The State cannot interfere with the appointment of teachers.


14. The State cannot restrict the power of the management regarding disciplinary action against the staff.


15. The State cannot take over a minority educational institution in case of misadministration.
(To be continued)


(The writer can be reached at adilsar2004@yahoo.co.uk)