The Communal Self:
Between Laws, Norms, and Culture
Presenter: Justice (retd.) Jawwad S. Khawaja
Former Chief Justice - Supreme Court of Pakistan
Mr. Justice Jawwad S. Khawaja was born on 10th September 1950 in Wazirabad, District Gujranwala. He did his graduation in Arts in the year 1971 from FC College, Lahore and his LL.B from the Punjab University Law College, Lahore, in 1973. He then obtained an LL.M. degree from the University of California, Berkeley in 1975. Thereafter, he was enrolled as an Advocate of the High Court in 1975 and as an Advocate of the Supreme Court in 1985. He remained in legal practice until his appointment as a judge of the Lahore High Court on 21st April 1999. He resigned from his post on 19th March 2007. He then remained a Professor of Law at the Lahore University of Management Sciences (LUMS) and headed the Department of Law and Policy until his appointment as a judge of the Supreme Court of Pakistan on 5th June 2009.
Summary
This session was unique compared to the previous sessions in that it followed a conversational style rather than the programmed lecture, response, and Q&A. It was in the form of a candid conversation between Dr. Sabieh Anwar and Justice Jawwad S. Khawaja on his book "Slaughtered without a Knife: Sixteen Years a Judge."
Dr. Sabieh opened the conversation with the purported autobiographical nature of the book, which Justice Sahib had said was not autobiographical. He reiterated that the book is indeed not an autobiography, and it was never his desire or intention. He intended to give an insider's perspective on the norms and practices of the judicial community juxtaposed against the constitution of Pakistan, based on actual events that had transpired in the public and behind closed doors.
Dr. Sabieh noted that a visible Sufi influence can be seen in Justice Sahib's life. Justice Sahib confirmed that he has indeed had the companionship (صحبت) of elders in the Sufi tradition. From this point, the conversation segued into the role of "companionship" in the traditional educational system in Pakistan in contrast to the modern university setup. Justice Sahib noted that in our traditional educational system, the individual teacher used to have an original, central, and pivotal role in education. It is original in the sense that a sage would sit under a tree in a village, and people would gather around him and listen to him, and an "institute" - which is called the "khanqah" - would thus be born. It is central in the sense that people from faraway lands would journey to listen to the sage. It is pivotal in the sense that rather than any formal "registration" at the sage's "institute" followed by a faceless transaction of knowledge, people's learning process was conducted through a close personal relationship with the sage. He lamented that the young generation of Pakistani students is entirely oblivious of this rich tradition and he held the older generation responsible for this negligence. The reason why he blames the older generation, as he describes in the book, is that they have been uncritically conforming to Western science and culture and, in their intimidation, have lost sight of the fact that we have a rich history of scientific thought ourselves notably Al-Khawarizmi, Ibn Sina, Umar Khayyam etc. Going further back, we have the blessed legacy of the Holy Prophet (PBUH), but our ignorance of it is more profound. However, despite this neglect, he notes, the cultural conditions in the Indo-Pakistan subcontinent are still ripe with possibilities that a predominantly monochromatic European culture does not offer or maybe even possess, and there is still time to take advantage of this potential.
Justice Sahib said that this had been his motivation for the "Harsukh School," - a non-profit institute dedicated to the education of underprivileged children from neighboring villages in art, music, literature, and ethics. He recounted proudly that the students in Harsukh school are well-versed in the poetry of Hafiz and Sa'di. Referring back to "companionship," he also noted that there is a peculiar aura of that school that freshens and revitalizes weary souls from the hustle and bustle of urban life. At a later point, Dr. Basit Koshul enunciated Justice Sahib's point by noting that the "companionship" of these school children is something worth experiencing and internalizing for university students and professors. Harsukh School is Justice Sahib's contribution towards creating a culture of organic unity in contrast to the close-compartmentalized and utterly fragmented state of education and culture in the world and increasingly in Pakistan's educated masses. In this respect, Justice Sahib commended the activities of the Khwarizmi Science Society and Lahore Science Mela, thanks to Dr. Sabieh Anwar. He noted that he tried to create an atmosphere in LUMS where such interactions could happen, notably in the "law and culture" course he co-taught with Dr. Basit. He also commended the activities of the Two Cultures Initiative in LUMS. As he noted in his book, he is a very private person and usually doesn't accept invitations for talks or lectures. Still, he earnestly accepted Dr. Basit's invitation for this lecture, given its premises and objectives.
Justice sahib's emphasis on "companionship" in education is linked to his principal diagnosis of the corruption (moral or financial) in the legal community of Pakistan. He contended that no matter how oppressive the regime might be and how deceiving and tempting the environment may be, the individual judge has the final say to act with courage, integrity (intellectual and moral), and fairness - qualities that he attributed to the "ideal judge" in the book - IF he has a strong character. Our educational system that is focused solely on employability is therefore severely lacking in producing skilled individuals who also possess a strong character. In a nutshell, in Justice Sahib's understanding of the relationship between the laws, norms, and the culture of a society - the individual holds an original, central, and pivotal place which they exert through their strong character if they have sufficiently developed one.
Most of the questions during the Q&A session were already addressed during Justice Sahib's talk and in his book. A participant noted that in Pakistan, the seat or position of power tends to be overpowered and subverted by a corrupt individual. He asked whether there could be a system that prevents that. Justice Sahib remarked that our attention should not be on designing a system that can somehow automatically prevent corruption but rather on the character and the character-building of our skilled individuals in educational institutes. A couple of participants picked on the point Justice Sahib made regarding the legacy of the Holy Prophet (PBUH) and our attitude of mindlessly conforming to Western culture and posed the question that instead of following Anglo-Saxon law, why don't we adopt the Islamic law, which is also part of the Prophet's (PBUH) legacy? Justice Sahib's answer was the same as before - that if we were to proclaim tomorrow that the Qur'an and Sunnah are now the law, it wouldn't change one thing because unless the character of the people is reformed, no amount of cosmetic changes can change them. One participant asked why Justice Sahib didn't resign in 1997 when the conditions were similar to 2007 when he did resign. Justice Sahib's answer - in brief - was that he was fated to resign in 2007. This answer reflects how thoroughly Justice Sahib has internalized the understanding of the relationship between the laws, norms, and the culture of a society in a greater cosmos where the individual occupies the central position.
The event was concluded on a positive note.
Reading Material
Slaughtered Without a Knife:
Sixteen Years a Judge
Justice (retd.) Jawwad S. Khawaja
Sixteen Years a Judge
Justice (retd.) Jawwad S. Khawaja
Written during the time he was a judge from April 21, 1999 to September 9, 2015, Justice Khawaja selects events that are personal and shows how these events shaped and impacted his life. The title of the book alludes to a ḥadīth of the Holy Prophet (PBUH): "He who has been appointed as a judge has been slaughtered without a knife" (Sunan Abī Dawūd 3571). Justice Khawaja introduces himself in at least three capacities: a lawyer, a law professor, and a judge, and discusses the tensions between the laws, the norms, and culture at large throughout his journey. His decision to take the oath of the chief justice of supreme court of Pakistan in Urdu language is a clear indication of his self-consciousness of his multi-cultural ground. This makes him and his work worth exploring from a two-cultures point of view.
Due to copyright restrictions, we have only shared the table of contents and the prologue of the book for public viewership.
Khawaja, Jawwad. Slaughtered without a Knife: Sixteen Years a Judge. 2022.