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 Halifa's Letter: Ba Kawsu Fofana and The SIC
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Momodou



Denmark
11645 Posts

Posted - 27 Sep 2010 :  16:19:00  Show Profile Send Momodou a Private Message
RE: Ba Kawsu Fofana and The Supreme Islamic Council
The Rumours, The Facts and the Way Forward
By Halifa Sallah on 27-09-10

Imam Muhammad Lamin Touray
President, Supreme Islamic Council
Headquarters of the Supreme Islamic Council
Kanifing
25th September, 2010



During the meeting of the President and the Muslim elders, a problem was highlighted and warnings were issued that something would have to be done to stop some people from using their pulpits and the FM stations to spread ideas that the Supreme Islamic Council consider to be a source of contempt and conflict.

The Supreme Islamic Council further announced that even though the issue of sighting the moon to commence the month of Ramadan had been contentious, they intend to organise a convention to enable scholars to exchange ideas on the subject so that the truth would be known to all.
At that point, it was clear to me that the Supreme Islamic Council has found the solution to the problems it has highlighted. What it needs to do is to address all differences by organising conventions to encourage scholars at home and abroad to discuss issues and give guidance to all on the basis of sound knowledge.
I had also assumed that the head of state would encourage the Council to free itself from having any conflict with any group or individual and instead serve as an apex institution for dispute resolution among all Muslims. This is what is expected of the executive of a religious body in a secular state. It must guard the freedom of its members, ensure mutual respect and tolerance, promote integrity and encourage adherence to the straight path of the faith.
Venerable members of the Council, I have this to share with you and you may consult the Attorney General or your own legal counsel on the veracity of my opinion, before giving it due consideration. My Research has revealed that the Supreme Islamic Council is not a statutory body with powers given by Parliament to provide for a binding code of conduct and specify penalties. It has not been given statutory powers to establish a disciplinary body that will ensure that Muslims and Imams abide by the code of conduct. This is a fact I want the members of the Council to take notice of. In my view, no religious person who treasures religious freedom would invite parliament to interfere in religious affairs. Hence you are still in full control of your affairs. Internal hostilities should therefore be avoided.
The Council’s power is its intellectual and moral authority to give guidance and exert persuasive influence. It gets this by guiding the community of religious leaders to know what religious freedom means in a secular state and assist them to perform their religious duties under the law without interference or hindrance. The Council could intervene when conflicts with the state occur to facilitate dispute resolutions instead of court actions.
The question now arises: What are the facts about Ba Kawsu Fofana? Is he under arrest? What is the way forward?
Ba Kawsu Fofana is not under arrest or detention as rumoured, at least up to the time of writing this letter.
Secondly, I am aware that a letter has been addressed to the Secretary General, Office of the President and copied to the Ministry of the Interior, Ministry of Information and Information Technology, Inspector General of Police and Ba Kawsu Fofana, communicating the resolution of the Supreme Islamic Council indicating that he, Ba Kawsu, shall be stopped from giving sermons in all mosques of the Gambia or deliver lectures in all religious ceremonies; that he is to be banned from using any written, visual or audio media, to address people in the name of Islam; that all his cassettes are to be retrieved from the markets and the use of the cassettes are supposedly prohibited. The security institutions are also duly informed.
In my view, the resolution is food for thought. It would be an act of wisdom for the Council not to strive to give it legal effect and risk being accused of acting arbitrarily. Instead, the Council should take a persuasive approach to defend its integrity. It should instead appoint a Council of wise religious leaders to promote the ideal standards of leadership among religious leaders and help to handle disputes.
I must say that I have found the recommendation made by the Council to preachers to be instructive. According to the Council;
“They should not preach targeting personalities and general institutions of the Country.
“They should not tamper with the security of the state and should respect the rights of the leaders and scholars.”
The Supreme Islamic Council has called on every body with ideas different from what it has issued to go to them to discuss or write to them without agitating the public against the decision.
It is in this vein that I have decided to address this letter to the Council.
First and foremost, I recommend that the Council relies on its own policy to convene conferences periodically to discuss all matters in dispute to enhance enlightened consensus. This will pave the way for decisions to be made that every genuine religious leader or person could be persuaded to accept.
Secondly, the Council may set up a Committee of Wise Scholars and Religious Elders to mediate all disputes and persuade all stakeholders to maintain harmony with the Council and among them. This Committee should start with Ba Kawsu’s case.
Lastly, the Council should always see itself as the institution of last resort for the prevention, mediation and resolution of all disputes associated with the Islamic religion. It must avoid being unshackled by controversy at all cost.
While anticipating that my views would be given due consideration,

I remain
Yours in the service of Justice and Peace
Halifa Sallah


Source: Foroyaa Online



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