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Can Shariat coexist with secularism, democracy or even modernity?
The Supreme Court's judgment on Monday, ruling that Shariat courts and fatwas that are injurious to individuals' fundamental rights are illegal, has sparked a furore among the more conservative sections of Muslims in India, intensifying the debate whether systems of jurisprudence in a democracy can coexist with religion-based Quranic sanctions.
Within no time of the judgment being delivered, several Muslim social organisations expectedly raised objections. Their anxieties notwithstanding, the apex court judgment will inevitably lead to - especially when a powerful BJP-led coalition is at the helm of affairs at the Centre - a heated discussion on the validity of Shariat court pronouncements, especially when they adversely affect and impinge on the fundamental rights of individuals, mostly women.
It should be made clear at the outset that the Supreme Court has not altogether banned Shariat law, holding that "some fatwas may be wise and issued for general good" and that they were a "matter of faith and choice." The judgment rightly observed that a law court can intervene only when an individual's rights are violated by particular fatwas.
This stems from the post-colonial state's insistence upon its secular character which is mediated by the need to reassure religious minorities that led to the recognition of personal law. This created a context where the Indian constitution reflects tensions between the dominant secular legal system and religion-based Shariat law.
Meaning "path" in Arabic, Shariat guides most aspects of Muslim life, including daily routines, familial and religious obligations and financial dealings. It is derived primarily from the Quran and the Sunna - the sayings, practices, and teachings of Prophet Mohammed. Precedents and analogy applied by Muslim scholars are used to address new issues. Besides, consensus within the Muslim community also plays a role in defining and interpreting Sharia laws.
The British, recognising that interference in religious issues could be explosive in its consequences, respected the traditional laws of religious communities in personal matters relating to family and inheritance rights. As a result, family matters (such as marriage, divorce, maintenance, succession to property, inheritance, and custody and guardianship of children, as well as adoption), which came to be known as "personal laws" and would vary from one religious community to another, remained uncodified.
A national debate on the relevance and continuance of non-state legal mechanisms - Shariat courts or khap panchayats - which militate against the rights-based approach to justice in modern states - is definitely the need of the hour. It will allow us to examine the anxious relationship between modernity and tradition, whether Shariat courts and khap panchayats exist in contravention of constitutional law and even the rule of law and whether it is time the government devised a uniform civil code.
Dr Mahruddin Khan is a mentor and well wisher of yours truly.
He is on FaceBook. He is a veteran journalist and a Hindi writer and poet with two dozen books behind him.
Some time back his nephew was shot at by majority community people.
Three days later his brother was shot dead by the same people.
"No Muslim shall live in this village", they conveyed.
He and his son are the next in the line, he was told.
When this sinner contacted the local Jamiat-e-Ulema president in this regard he divulged that Dr Khan has been using his journalism against Madarsa system and Ulama and there was a long Fatwa against him from Deoband.
These people generally suffer severely in their life for swaying from Islam to Kufr. May Allaah سبحانه وتعالى grant them chance to repent at least before death.
O you who have believed, enter into Islam completely [and perfectly] and do not follow the footsteps of Satan. Indeed, he is to you a clear enemy.(Sahih International)
I was thinking that the situation will change significantly in favour of Muslims once US/NATO forces withdraw from there.
My expectation has not born out.
For example Pakistan is bombing Muslims at US behest.
That looks like earlier status quo.
US can bribe the ruling dispensation to bomb Muslims.
But some changes are perceptible.
It looks like US can not mount, nor can NATO, an Afghanistan type operation.
Also they, the US/NATO, did not declare a victory in Afghanistan.
So victory it is not for them.
I was also expecting that the Taliban would make a grave of at least the tail end of the occupying forces.
That too is not happening.
Though destruction of four hundred oil tankers of NATO supply line is good sign.
Finally the media view, including Al-Jazeerah, remains anti-Muslim where Muslim resistance is classified as terrorism.
Thanks you brother for the suggestion. At the moment, unfortunately, I can not avail the offer because of lack of energy and aversion. Even FB is a burden on me. I am staying there for the time being because it serves some purpose.
(1) You say anything pro-Islam, pro-Muslim, any assertive thing about Islam and Muslims then you are likely to be termed Islamist at list or even worse.
Similarly say anything against Israel and you shall be accused of anti-semitism.
(2) So for some time we can only complain about the injustuces being done to Muslims. Do that vociferously.
First volume of Tafseer-e-Majidi was in front of this sinner.
This sinner picked it up and had to cling it to heart - with strength.
Suppose this book was not sent to us? Just unimaginable. With so much of confusing information dumped on you by the world you got to cling to the Book of Allah (SWT).
Follow it blindly - this is the only guidance that'll see you through.
Use this sword to cut through the nonsense thrown at you.
(1) This sinner has been on FB for last few months.
(2) Most of this time was consumed in posting about Israeli offensive in Gaza.
(3) Yours truly is emotionally exhausted but Israel has resumed the Gaza offensive.
(4) Not much time to talk about ISIS related issues.
(5) Things are heating up in India too - latest being the so called Love Jihad accusation of RSS lead organizations.
(6) The accusation is that Muslim youth is defiling Hindu girls in the name of love.
This cannot be undone and I am sure it will be greatly appreciated.
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