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MULLAHS AND MONEY

Monitor News Bureau

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One of the most contentious issues that have vexed the minds of Muslims is the concept of interest in the modern-day economy. The Islamic clerics (ulema) have exhibited an ambivalent stand on major issues concerning Islamic finance and on most occasions preferred to diplomatically deflect questions relating to it. Islamic finance is one of the greyest areas of both Islamic scholarship and practice and has attracted a very small pool of talented researchers. This is largely on account of the misplaced notions that discussions on Islamic finance are fraught with serious consequences and implications. People believe there are strong possibilities of one getting trapped in an act of heresy.
The Muslim economic life, along with their political and social norms, are regulated by a code known as shari?ah, (literally, “the path leading to the watering place”) It is a body of Qur’an-based guidance that governs, among other things,a Muslim’s economic and social life, dictating how believers should conduct themselves.
A careful reading of the Qur’an with respect to legal prescriptions) leaves no doubt that riba (any addition or interest) is haram (forbidden). Similarly, predetermined interest to depositors is also equally not approved by Islam. In Islam, capital is not capital in the conventional term; it is a potential capital which has to be channelised through businesses to generate additional income. Money cannot grow by itself. It has to be used entrepreneurially so that both the health of the economy and individual well-being are enhanced. The Federal Court of Pakistan, the highest judicial forum of Pakistan, has unequivocally declared the interest in any form, irrespective of the logic we use, is reprehensible.
Islamic economic theory, money is merely a medium of exchange, not a commodity to be traded. It has no intrinsic value and should therefore not grow over time. Idle cash cannot be a source of guaranteed income. However, capital can earn the returns derived from the productive use of capital. Islam regards Interest, in whatever form -ether disguised as “commission,” a fixed or variable add-on- or a discount, as usury and speculation as gambling
In addition to prohibition of riba, there are several other important provisions which govern financial transactions. These include the prohibition of ‘gharar’ (uncertainty or asymmetrical information), ‘maysir’ (gambling, speculation), activities and transactions involving alcohol and pork-related products, but also armaments, gambling, pornography and other activities deemed socially detrimental, like hoarding .
The basic instruments of Islamic finance include: profit-sharing (mudaraba), cost-plus financing (murabaha), partnership (musharaka) leasing (ijara), and forward sale (bay’salam). These constitute the basic building blocks for developing a wide array of more complex financial instruments.
In its most basic form, Islamic banking covers both savings and credit. Instead of being paid interest, depositors are considered shareholders and receive dividends when the bank turns a profit and lose money when it has a loss. Muslims are not allowed to pay or receive interest because Sharia, prohibits them from making a guaranteed profit on capital. Islamic finance uses a risk-sharing model. A typical risk-sharing arrangement is like an equity finance whereby the parties share the risk as well as the reward of a contract. The risk is transferred from the financier or lender to the borrower, where the financier retains both the property rights claim to the principle and interest but also to any collateral.
There are several Muslim scholars who question how “Islamic” this approach is and whether it is an appropriate ethical alternative to mainstream investments. Or is it a creative way of transplanting Islamic finance into conventional finance by tweaking the rules?
Although the accepted position in Islamic countries is very clear there are still several strands of conflict on the position in secular countries, particularly those which have seen a series of failures of Islamic financial institutions. In these countries, there is still no unanimity on the correct meaning of the term riba. Some prefer to translate it at as interest. There are others who believe that accepting the term as the modern equivalent of riba, particularly on account of modern finance having been cleansed of the element of usury and its coercive character, would amount to a very superficial interpretation of a term that has multiple layers that colour it. Riba, according to this school, has a sinister connotation and is actually meant to construe the coercive informal finance practices followed and pursued by rapacious moneylenders.
Many pragmatic Muslim bankers and financiers have argued that the Islamic injunction is aimed specifically against usury rather than interest. They say Prophet Muhammad was opposed to the loan-sharking techniques employed by money changers in the lawless markets of Mecca before the establishment of Islam. The liberalists say that there is nothing wrong with charging a reasonable price for the use of funds for a period of time. They argue that the Qur’anic prohibition applies to overcharging and usury, not money-market funds or interbank lending rates.
Islam lays great emphasis on entrepreneurship and believes that investors should become stakeholders in businesses in order to create wealth. It also emphasises that the business ventures must be carried out in true Islamic ethos of honesty, piety and trust. Otherwise, the precious investment of the depositors would be doomed. From my own experience as a conventional banker for almost four decades, I can attest that conventional banking in India is humane and just, and not usurious and exploitative.
One unique feature of public banks in India is that they offer soft and subsidised loans to the poor, self-employed and farmers. Similarly, in case of defaulters, if a bank is convinced that the default is not willful and deliberate and is on account of genuine circumstances, the loan is restructured or waived and the loss is absorbed by the banks. Every year, thousands of crores of rupees are being written off by banks. Where recoveries have to be enforced, it is done in a dignified manner and after following proper legal procedures. Similarly, the operations of banks are monitored very stringently by the Reserve Bank of India and the interest of depositors; particularly the small depositors are well protected. In short, banks in India are playing a developmental role besides providing banking services. Instead of demonising banks without any evidence, the Shariahexperts should build awareness of the status of public banks in India
One serious complaint against the prevalent model of Islamic banking is that interest is being charged in the garb of service fee. In fact loans from Islamic banks are much costlier than those from conventional financial institutions, particularly public banks. The defenders of the conventional banking, particularly the model followed by public and development banks, argue that they are far different from moneylending and various unethical practices of private sharks.
One issue that must engage us is that if Islamic banking is a viable alternative for us, how we can justify the collapse of so many Islamic financial institutions in India in recent times. We know full well that small investors have been duped in the past in a big way by hustlers claiming to offer Islamic financial services.The protagonists of Islamic banking must offer a satisfactory explanation. The real problem is that we are not prepared for a reasoned debate and the issue acquires emotional overtones whenever it comes up for discussion. Confusion continues to prevail with sharp division of opinion. As a result, the common Muslim is in a fix as to what is the right course of action for him because of lack of clarity on the issue.
Islamic banks have traditionally established sharia boards, employing scholars to rule on whether their products and processes do not infringe Islamic principles. The scholar needs to have expertise both in religion and finance –a strange combination. There is a severe dearth of this expertise .In India most Islamic banks collapsed because managements hired dubious and pliant scholars to endorse equally dubious products. Muslim countries a national body such as a central bank or capital market regulator appoints and oversees a sharia board that is independent from financial institutions.
The situation in India is much different. We do not live in an Islamic state. The spate of failures of Islamic banks in India has caused untold suffering to small depositors. There is no alternative except to transact with conventional banks. There are few reliable and authentic Islamic financial institutions but they have a very limited outreach.Moreover, the common Muslims themselves are increasingly wary of Islamic banking for all kinds of reasons,
Modern day banking has emerged out of the wisdom gleaned over the ages and is a direct weapon for eradicating usurious and unscrupulous moneylenders who have r turned borrowers into slaves and stripped them of all their self-dignity. It will be grossly unfair to equate modern banking with moneylending. In fact money lenders are treated as outcasts in the formal financial system. They have no presence in the universe of civilized finance .it will be foolish on our part if we try to get them into the whole debate .They are a totally alien species.
Development banking is very professionally operated, and in developing economies, interest rates are subsidized to enable individuals and institutions to set up their own livelihood businesses .The giant leaps in all spheres of life have been powered by financial institutions who have promoted healthcare, education, entrepreneurship, self-employment and a host of services that have profoundly influenced human life.
An enlightened discussion is all the more important on account of the complex perplexities that confront the contemporary society. If puritans feel conventional banks can’t fulfill the religious requirements, an alternative choice has to be offered to common Muslims. It will help to crystallize the true perspective for all the stakeholders: the flag bearers of sharia, proponents of Islamic finance, academics, jurists and the global banking community. It is an issue witch concerns the financial wellbeing of roughly 172 million Misaims- nearly 14 per cent of the country’s population o.
The great philosopher poet Sir Muhammad Iqbal argues in his magnum opus, The Reconstruction of Religious Thought in Islam: “The claim of the present generation of Muslim liberals to re-interpret the foundational legal principles in the light of their own experience and altered conditions of modern life is, in my opinion, perfectly justified…..Each generation, guided but unhampered by the work of its predecessors, should be permitted to solve its own problems.”
In Iqbal’s view, “the ultimate spiritual basis of all life, as conceived by Islam, is eternal” and that a “society based on such a conception of reality must reconcile, in its life, the categories of permanence and change”.
(The author is a regular contributor to this newspaper and can be reached at: [email protected])


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Opinion

Balakot strike: just for bragging rights?

The Kashmir Monitor

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By Manini Chatterjee

We, the people of India, must collectively thank NarendraModi, the chief campaigner of the BharatiyaJanata Party, for making it clear to us why NarendraModi, the prime minister of the country, ordered the air strikes on Balakot deep inside Pakistan in the last week of February.

The ostensible reason for the air strikes was to avenge the massacre that took place in Kashmir’s Pulwama on February 14, which left 40 uniformed personnel of the CRPF dead. The deaths were not a result of an encounter between security forces and militants that have long become routine in the Kashmir Valley. They happened when a lone Kashmiri youth, allegedly belonging to the Pakistan-based terrorist group Jaish-e-Mohammad, rammed his vehicle — laden with over 300 kilograms of explosives — into a CRPF convoy inching its way along the highway.

 

Less than two weeks later, we woke up to the news that Indian Air Force jets had struck the biggest training camp of the JeM in Balakot. The government officially claimed that “a very large number of JeM terrorists, trainers, senior commanders and groups of jihadis who were being trained for fidayeen action were eliminated.” The unofficial claims, conveyed to the media by “sources”, went further: 325 terrorists and 25 commanders had been killed in the strike. Pakistan had been taught a lesson it would not forget. The “New India” under the muscular leadership of NarendraModi would enter the country and take out the terrorists at will if they dared attack India again.

The rhetoric was so powerful and the hyper-nationalist cheering in the media so shrill that no one dared ask for evidence. But when one or two intrepid skeptics did wonder what exactly was achieved at Balakot, the ruling party and its army of supporters became menacing. Anyone who dared asked for proof was talking the language of Pakistan; was questioning the valour of the armed forces; was guilty of sedition and treason.

With the election campaign now under way, the Balakot strikes are becoming a central theme of the ruling party. Even though the Opposition has steered clear of national security issues and focused on jobs, farm distress and broken promises, the BJP is repeatedly bringing Balakot to the fore — and muddying the narrative even more.

Take, for instance, a recent interview given by the prime minister to an English TV channel. Asked whether he would eventually give proof that hundreds of terrorists had been killed in the strike, Modi retorted: “As far as proof is concerned, Pakistan itself has given proof. Why should they wake up at 5 a.m. and tweet? We were quiet. It is not as if the Indian government claimed the attacks first.”

That was a clever answer — but it was too clever by half. It is true that it was Pakistan’s director-general of the Inter-Services Public Relations, Major General Asif Ghafoor, who first tweeted that the Indian Air Force had “violated Line of Control”. But Pakistan also claimed that the Indian jets “released payloads in haste” and there were “no casualties or damage”.

By citing Pakistan’s tweet as proof of the success of the air strike, Modi has — embarrassingly for the country — brought attention to Pakistan’s version as a whole.
More embarrassing has been Pakistan’s subsequent response. If India wanted to teach Pakistan a lesson and left the country with a bloody nose, Islamabad’s response has been very curious indeed.

In a recent chat with foreign correspondents, Pakistan’s prime minister, Imran Khan, appeared to take the whole Balakot offensive much too lightly. According to The New York Times report on the chat, Imran Khan said that on learning that the Indian bombs had fallen into an empty ravine near Balakot, Pakistan opted for “a measured response and bombed an empty area just across the Indian border.” It went on to quote Imran Khan as saying: “They hit our trees; so we thought we’d hit their stones.”
Imran Khan went further — batting for the return of NarendraModi to power and seeing it as the best possible option of settling the Kashmir conflict. If Balakot was a slap on the face of Pakistan, it is baffling — to put it mildly — why the country’s prime minister should want another term for his hostile counterpart across the border.

But with each passing day that mystery is receding; with every BJP speech, it is becoming clearer that the Indian forces were made to strike Balakot not to teach Pakistan a lesson but to provide bragging rights to NarendraModi as a saviour of the nation and provide him a handy tool for his re-election bid.

If NarendraModi was indeed the supreme patriot that he claims to be and if he truly valued the courage and competence of our armed forces, he should have been the first person to reprimand the Uttar Pradesh chief minister, Yogi Adityanath, for referring to India’s professional army as “Modijikisena”. He did nothing of the kind — his silence serving as encouragement to other BJP leaders who repeated the epithet before the Election Commission, belatedly, stepped in.

In fact, he went further than his acolytes. In a speech that shocked retired and serving members of the defence services, NarendraModi asked first-time voters “to dedicate” their first vote to the “valiant soldiers who carried out the air strike in Pakistan’s Balakot” and to the “brave martyrs of Pulwama.” Never before has any Indian leader so brazenly sought to politicize the military for electoral gains.

Perhaps Modi was addressing his appeal to first-time voters because he is confident that the youth — subjected to the relentless propaganda of the last five years — have no knowledge of history and will be easily swayed by claims that Modi has achieved what no other Indian leader has in the past 70 years.

But not every Indian is a first-time voter. And even first time voters have parents and grandparents, teachers and tutors, people around them with longer memories. And many of them will still remember the grit and the glory of 1971 — the only time India decisively won a war. They will also recall that in complete contrast to the faux war-mongering of today, the prime minister of that time showed a grace and courage that was so much more powerful since it was entirely bereft of bombast.

Some BJP apologists, defending Modi’s electoral use of Balakot, erroneously claim that Indira Gandhi too capitalized on the 1971 victory to win by a landslide in the elections that year. The truth, though, is that India won the war after, not before, the elections.

Mrs Gandhi won her famous “GaribiHatao” election in March 1971, a couple of weeks before the Pakistan army went on a brutal rampage in what was then East Pakistan. In the following months, there was a massive influx of East Pakistanis into India. We may have been a lot poorer back then but unlike today we kept our borders — and our hearts — open to those fleeing genocide. More than 10 million refugees found shelter in India.

Indira Gandhi went across the world, campaigning against the suppression of democracy by West Pakistan in its eastern wing and the mass killings and rapes that followed. The American president, Richard Nixon, was famously hostile to her and blatantly backed Pakistan. But Mrs Gandhi combined diplomatic outreach with a quiet military preparation — executed by able military men untrammelled by considerations of electoral expediency — that eventually resulted in unequivocal victory. On December 16, 1971, less than two weeks after Pakistan bombed Indian air bases, its commander in Dhaka, Lieutenant-General A.A.K. Niazi, signed the instrument of surrender in Dhaka before Lieutenant-General J.S. Aurora of the Indian Army. No proof of India’s achievement was needed. No claims were made.

Two days later, Mrs Gandhi’s victory speech in the LokSabha was equally shorn of rhetoric. It lasted barely a minute. “All the world,” she said, “admires a deed well done. And I think, with all modesty, we can say that we have done this action well.” India’s most successful war prime minister went on to say: “But let us not forget that the road ahead is still long and very steep and we have many peaks to scale. Let us hope that we can do this with the same spirit in which we have faced this challenge. And that we will go ahead from peak to peak raising our nation to new heights of quality and of excellence…”

Watch that speech on YouTube. Even first-time voters will be able to tell the difference between the élan of true victory and its 56-inch, tawdry alternative…

(The Telegraph, Kolkata)

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Opinion

Don’t blame Sharia for Islamic extremism – blame colonialism

The Kashmir Monitor

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By Mark Fathi

Warning that Islamic extremists want to impose fundamentalist religious rule in American communities, right-wing lawmakers in dozens of U.S. states have tried banning Sharia, an Arabic term often understood to mean Islamic law.

These political debates – which cite terrorism and political violence in the Middle East to argue that Islam is incompatible with modern society – reinforce stereotypes that the Muslim world is uncivilized.

 

They also reflect ignorance of Sharia, which is not a strict legal code. Sharia means “path” or “way”: It is a broad set of values and ethical principles drawn from the Quran – Islam’s holy book – and the life of the Prophet Muhammad. As such, different people and governments may interpret Sharia differently.

Still, this is not the first time that the world has tried to figure out where Sharia fits into the global order.

In the 1950s and 1960s, when Great Britain, France and other European powers relinquished their colonies in the Middle East, Africa and Asia, leaders of newly sovereign Muslim-majority countries faced a decision of enormous consequence: Should they build their governments on Islamic religious values or embrace the European laws inherited from colonial rule?

Invariably, my historical research shows, political leaders of these young countries chose to keep their colonial justice systems rather than impose religious law.

Newly independent Sudan, Nigeria, Pakistan and Somalia, among other places, all confined the application of Sharia to marital and inheritance disputes within Muslim families, just as their colonial administrators had done. The remainder of their legal systems would continue to be based on European law.

France, Italy and the United Kingdom imposed their legal systems onto Muslim-majority territories they colonized. CIA Norman B. Leventhal Map Center, CC BY
To understand why they chose this course, I researched the decision-making process in Sudan, the first sub-Saharan African country to gain independence from the British, in 1956.

In the national archives and libraries of the Sudanese capital Khartoum, and in interviews with Sudanese lawyers and officials, I discovered that leading judges, politicians and intellectuals actually pushed for Sudan to become a democratic Islamic state.

They envisioned a progressive legal system consistent with Islamic faith principles, one where all citizens – irrespective of religion, race or ethnicity – could practice their religious beliefs freely and openly.

“The People are equal like the teeth of a comb,” wrote Sudan’s soon-to-be Supreme Court Justice Hassan Muddathir in 1956, quoting the Prophet Muhammad, in an official memorandum I found archived in Khartoum’s Sudan Library. “An Arab is no better than a Persian, and the White is no better than the Black.”

Sudan’s post-colonial leadership, however, rejected those calls. They chose to keep the English common law tradition as the law of the land.

Why keep the laws of the oppressor?

My research identifies three reasons why early Sudan sidelined Sharia: politics, pragmatism and demography.

Rivalries between political parties in post-colonial Sudan led to parliamentary stalemate, which made it difficult to pass meaningful legislation. So Sudan simply maintained the colonial laws already on the books.

There were practical reasons for maintaining English common law, too.

Sudanese judges had been trained by British colonial officials. So they continued to apply English common law principles to the disputes they heard in their courtrooms.

Sudan’s founding fathers faced urgent challenges, such as creating the economy, establishing foreign trade and ending civil war. They felt it was simply not sensible to overhaul the rather smooth-running governance system in Khartoum.

The continued use of colonial law after independence also reflected Sudan’s ethnic, linguistic and religious diversity.

Then, as now, Sudanese citizens spoke many languages and belonged to dozens of ethnic groups. At the time of Sudan’s independence, people practicing Sunni and Sufi traditions of Islam lived largely in northern Sudan. Christianity was an important faith in southern Sudan.

Sudan’s diversity of faith communities meant that maintaining a foreign legal system – English common law – was less controversial than choosing whose version of Sharia to adopt.

My research uncovers how today’s instability across the Middle East and North Africa is, in part, a consequence of these post-colonial decisions to reject Sharia.

In maintaining colonial legal systems, Sudan and other Muslim-majority countries that followed a similar path appeased Western world powers, which were pushing their former colonies toward secularism.

But they avoided resolving tough questions about religious identity and the law. That created a disconnect between the people and their governments.

In the long run, that disconnect helped fuel unrest among some citizens of deep faith, leading to sectarian calls to unite religion and the state once and for all. In Iran, Saudi Arabia and parts of Somalia and Nigeria, these interpretations triumphed, imposing extremist versions of Sharia over millions of people.

In other words, Muslim-majority countries stunted the democratic potential of Sharia by rejecting it as a mainstream legal concept in the 1950s and 1960s, leaving Sharia in the hands of extremists.

But there is no inherent tension between Sharia, human rights and the rule of law. Like any use of religion in politics, Sharia’s application depends on who is using it – and why.

Leaders of places like Saudi Arabia and Brunei have chosen to restrict women’s freedom and minority rights. But many scholars of Islam and grassroots organizations interpret Sharia as a flexible, rights-oriented and equality-minded ethical order.

Religion is woven into the legal fabric of many post-colonial nations, with varying consequences for democracy and stability.

After its 1948 founding, Israel debated the role of Jewish law in Israeli society. Ultimately, Prime Minister David Ben-Gurion and his allies opted for a mixed legal system that combined Jewish law with English common law.

In Latin America, the Catholicism imposed by Spanish conquistadors underpins laws restricting abortion, divorce and gay rights.

And throughout the 19th century, judges in the U.S. regularly invoked the legal maxim that “Christianity is part of the common law.” Legislators still routinely invoke their Christian faith when supporting or opposing a given law.

Political extremism and human rights abuses that occur in those places are rarely understood as inherent flaws of these religions.

When it comes to Muslim-majority countries, however, Sharia takes the blame for regressive laws – not the people who pass those policies in the name of religion.

Fundamentalism and violence, in other words, are a post-colonial problem – not a religious inevitability.

For the Muslim world, finding a system of government that reflects Islamic values while promoting democracy will not be easy after more than 50 years of failed secular rule. But building peace may demand it.

(theprint.in)

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Opinion

The Assange Arrest is a Warning from History

The Kashmir Monitor

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By John Pilger

The glimpse of Julian Assange being dragged from the Ecuadorean embassy in London is an emblem of the times. Might against right. Muscle against the law. Indecency against courage. Six policemen manhandled a sick journalist, his eyes wincing against his first natural light in almost seven years.

That this outrage happened in the heart of London, in the land of Magna Carta, ought to shame and anger all who fear for “democratic” societies. Assange is a political refugee protected by international law, the recipient of asylum under a strict covenant to which Britain is a signatory. The United Nations made this clear in the legal ruling of its Working Party on Arbitrary Detention.

 

But to hell with that. Let the thugs go in. Directed by the quasi fascists in Trump’s Washington, in league with Ecuador’s Lenin Moreno, a Latin American Judas and liar seeking to disguise his rancid regime, the British elite abandoned its last imperial myth: that of fairness and justice.

Imagine Tony Blair dragged from his multi-million pound Georgian home in Connaught Square, London, in handcuffs, for onward dispatch to the dock in The Hague. By the standard of Nuremberg, Blair’s “paramount crime” is the deaths of a million Iraqis. Assange’s crime is journalism: holding the rapacious to account, exposing their lies and empowering people all over the world with truth.

The shocking arrest of Assange carries a warning for all who, as Oscar Wilde wrote, “sow the seeds of discontent [without which] there would be no advance towards civilisation”. The warning is explicit towards journalists. What happened to the founder and editor of WikiLeaks can happen to you on a newspaper, you in a TV studio, you on radio, you running a podcast.

Assange’s principal media tormentor, the Guardian, a collaborator with the secret state, displayed its nervousness this week with an editorial that scaled new weasel heights. The Guardian has exploited the work of Assange and WikiLeaks in what its previous editor called “the greatest scoop of the last 30 years”. The paper creamed off WikiLeaks’ revelations and claimed the accolades and riches that came with them.

With not a penny going to Julian Assange or to WikiLeaks, a hyped Guardian book led to a lucrative Hollywood movie. The book’s authors, Luke Harding and David Leigh, turned on their source, abused him and disclosed the secret password Assange had given the paper in confidence, which was designed to protect a digital file containing leaked US embassy cables.

With Assange now trapped in the Ecuadorean embassy, Harding joined the police outside and gloated on his blog that “Scotland Yard may get the last laugh”. The Guardian has since published a series of falsehoods about Assange, not least a discredited claim that a group of Russians and Trump’s man, Paul Manafort, had visited Assange in the embassy. The meetings never happened; it was fake.

But the tone has now changed. “The Assange case is a morally tangled web,” the paper opined. “He (Assange) believes in publishing things that should not be published…. But he has always shone a light on things that should never have been hidden.”

These “things” are the truth about the homicidal way America conducts its colonial wars, the lies of the British Foreign Office in its denial of rights to vulnerable people, such as the Chagos Islanders, the expose of Hillary Clinton as a backer and beneficiary of jihadism in the Middle East, the detailed description of American ambassadors of how the governments in Syria and Venezuela might be overthrown, and much more. It all available on the WikiLeaks site.

The Guardian is understandably nervous. Secret policemen have already visited the newspaper and demanded and got the ritual destruction of a hard drive. On this, the paper has form. In 1983, a Foreign Office clerk, Sarah Tisdall, leaked British Government documents showing when American cruise nuclear weapons would arrive in Europe. The Guardian was showered with praise.

When a court order demanded to know the source, instead of the editor going to prison on a fundamental principle of protecting a source, Tisdall was betrayed, prosecuted and served six months.

If Assange is extradited to America for publishing what the Guardian calls truthful “things”, what is to stop the current editor, Katherine Viner, following him, or the previous editor, Alan Rusbridger, or the prolific propagandist Luke Harding?

What is to stop the editors of the New York Times and the Washington Post, who also published morsels of the truth that originated with WikiLeaks, and the editor of El Pais in Spain, and Der Spiegel in Germany and the Sydney Morning Herald in Australia. The list is long.

David McCraw, lead lawyer of the New York Times, wrote: “I think the prosecution [of Assange] would be a very, very bad precedent for publishers… from everything I know, he’s sort of in a classic publisher’s position and the law would have a very hard time distinguishing between the New York Times and WilLeaks.”

Even if journalists who published WikiLeaks’ leaks are not summoned by an American grand jury, the intimidation of Julian Assange and Chelsea Manning will be enough. Real journalism is being criminalised by thugs in plain sight. Dissent has become an indulgence.

In Australia, the current America-besotted government is prosecuting two whistle-blowers who revealed that Canberra’s spooks bugged the cabinet meetings of the new government of East Timor for the express purpose of cheating the tiny, impoverished nation out of its proper share of the oil and gas resources in the Timor Sea. Their trial will be held in secret. The Australian prime minister, Scott Morrison, is infamous for his part in setting up concentration camps for refugees on the Pacific islands of Nauru and Manus, where children self harm and suicide. In 2014, Morrison proposed mass detention camps for 30,000 people.

Real journalism is the enemy of these disgraces. A decade ago, the Ministry of Defence in London produced a secret document which described the “principal threats” to public order as threefold: terrorists, Russian spies and investigative journalists. The latter was designated the major threat.

The document was duly leaked to WikiLeaks, which published it. “We had no choice,” Assange told me. “It’s very simple. People have a right to know and a right to question and challenge power. That’s true democracy.”

What if Assange and Manning and others in their wake – if there are others – are silenced and “the right to know and question and challenge” is taken away?
In the 1970s, I met LeniReifenstahl, close friend of Adolf Hitler, whose films helped cast the Nazi spell over Germany.

She told me that the message in her films, the propaganda, was dependent not on “orders from above” but on what she called the “submissive void” of the public.

“Did this submissive void include the liberal, educated bourgeoisie?” I asked her.

“Of course,” she said, “especially the intelligentsia…. When people no longer ask serious questions, they are submissive and malleable. Anything can happen.”
And did.

The rest, she might have added, is history.

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