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Showing posts with label Sharia. Show all posts
Showing posts with label Sharia. Show all posts

Sunday 2 August 2020

The road to Ram’s temple: If Congress party believed in real secularism, Ayodhya movement would never have happened

Let Muslims join in building the temple and when it is ready let both communities come together to build a mosque on the other bank of the Saryu river writes Tavleen Singh in The Indian Express


The bhoomi pujan of Ram Temple in Ayodhya will be held on August 5. (Express file photo)

Let me make clear at the outset that I support the building of that temple in Ayodhya whose consecration takes place next week. It should have happened decades ago. It did not because of the pseudo-secularism that the Congress party has long adopted as its creed. The founding principle of this evil creed was that under the safety blanket of ‘secularism’ it was alright to abuse all secular tenets and principles if this helped win elections. It is important here to remind you that this is the second time that a shilanyas is being done of a Ram temple in Ayodhya. The first one was done by Rajiv Gandhi in 1989 when he began his election campaign in Ayodhya with the promise of Ram Rajya.
Not a secular slogan at all, but considered necessary at the time because of his foolish decision to allow Muslims their own personal law based on the Shariat. This decision enraged even secular Hindus, so the promises of a Ram temple and Ram Rajya were made in the hope that Hindus would fall back into the Congress party’s ‘secular’ arms. Rajiv ended up losing the election. But this was a last-ditch attempt to show that although he had pandered to the very worst kind of Islamist Muslims in the Shah Bano matter, he was still a good Hindu. Actually, he was a Parsi because in India it is the father’s religion that counts. Had the Congress party been truly secular, it would have shown the courage to resist the pressure from the Islamists who demanded that they be allowed to use the Shariat as their personal law. Had Rajiv Gandhi stood by the principles of real secularism, he would never have interfered in the Supreme Court’s order that said divorced Muslim women had the same rights as divorced Hindu women.

If the Congress party believed in real secularism, the Ayodhya movement would never have happened. It was after it started mixing religious fundamentalism with politics that the Bharatiya Janata Party realised that this was a game that they could play much better. So it was that in 1990 Lal Krishna Advani converted a Toyota truck into ‘Ram’s chariot’ and set off from Somnath for Ayodhya with the demand that a temple be built where Ram was said to have been born. Millions of Hindus believe that this Ayodhya is the same as the Ayodhya of antiquity, and that where Babur built his mosque is the exact spot where Ram was born. So, there should never have been a dispute at all and instead of a demolition the mosque could have been respectfully moved, stone by stone, onto the other bank of the river Saryu. But, this would have deprived many political leaders of electoral gains, so it was not allowed to happen.


Political leaders were not the only culprits. Religious leaders were just as bad, and it needs to be said that Muslim religious and political leaders, who took such an implacable stand against the Ram temple, did more to harm their community than anyone else. They were obdurate, unyielding and unreasonable and many still are. The same Muslim leaders who insist that they will continue to fight for restoration of the Babri Masjid at the very spot where it once stood said not one word when the magnificent Hagia Sophia cathedral in Istanbul was converted into a mosque just last week.

Asaduddin Owaisi has objected publicly to Prime Minister Narendra Modi going to Ayodhya to attend the shilanyas. He argues that it would be against the secular principles of the Constitution for him to attend a consecration that is specific to one religion. What intrigued me about the certainty with which he argued his case in TV debates was that he seemed to forget that Islam puts secularism in the same basket as apostates, heretics and heathens. It is only Indic religions that do not make any distinction between believers and unbelievers and only Indic religions like Buddhism and Jainism that are fundamentally atheistic.

When Congress leaders behave as if secularism was their personal gift to India, they forget that it was not an idea needed in India because the king was always not just secular but above caste. And, there has never been a Shankracharya who had his own army like the Pope once did. As a result of so much muddled thinking and a political culture that allows anything to be done for the sake of winning elections, we have now come to a pass when in these Hindutva times the supporters of Narendra Modi openly spread hatred against Islam and Muslims. The distinction between Pakistani and Muslim has been slowly erased in the past six years and the word ‘Paki’ has become a term of abuse. It is an ugly time but if our political leaders still have in them a modicum of honesty let them make the Ram temple in Ayodhya a symbol of healing.

Let Muslims join in building the temple and when it is ready let both communities come together to build a mosque on the other bank of the Saryu river. India needs a process of healing now almost more than it ever has before. Let it begin in Ayodhya next week and let the Prime Minister show us that he truly believes in his own slogan ‘Sabka saath, sabka vikas, sabka vishwas’.

Monday 29 February 2016

How have the British Muslim men involved in the Rotherham child sex grooming gang been treating their own wives?


Yasmin Alibhai Brown in The Independent


The Pakistani Muslim men – three brothers and an uncle – who groomed, raped and destroyed young girls in Rotherham have been given long sentences. Two local white women have also been convicted of supplying girls to the men. The reactions to these verdicts are instructive. Racists are red with righteous rage; this is what happens, they say, when you let “coloureds” into the country. Many anti-racists, just as blindly furious, assert race and ethnicity have nothing to do with what happened. The white female procurers are their alibis. The rapists’ relatives and community leaders stand by their men. They believe the blokes took what was freely offered by trashy females – children, daughters. Muslims who condemn the exploitation, in their eyes, bring shame on the community. That’s how twisted their values are.

The one question nobody asks is how these men have been treating their sisters and wives. Most of them behave just as abominably and cruelly indoors as they do outside when they prey on young flesh. They want control; they abjure equality. Some – a small minority – do feel a kind of love for the women and girls in the family but many have monstrous views on sexual equality and feminine desire. Home is a cage in which no pleasures are permitted, where hopes and freedoms expire. Activists have sought to free these women for decades. The terrible truth is that as society becomes more permissive, the number of caged birds increases. One caveat: I am not saying all Muslim girls and women are oppressed. What I am saying is that sexual predators from traditional Pakistani families and many other minority communities think all women and girls are low-life. I was looking at my wedding pictures the other day. On a cold, snowy December day, in 2000, I married my English husband in Ealing Town Hall. On the steps we had photos taken. It was freezing cold but I was in a silk sari, as was my mum. My Asian friends in their finery were shivering and smiling happily. The most striking, gorgeous person in the crowd was Humera (not her real name), who had stayed with me several times over the previous two years. She was from a northern town and had escaped a forced marriage. Her family had made her marry a man from Pakistan who had then raped her nightly for months. A social worker helped her escape. I heard of her case and offered to have her live with us for a while. The bruises on her thighs and breasts took months to heal.

She was one of countless such victims, all hidden and hopeless. Forced marriage has since been outlawed and girls have some protection and awareness of their rights but now we have Sharia courts in this country, which condone wife beating, marital rape, compulsory or child marriages, polygamy, paternal ownership of children and extreme sexism. Pre-pubescent Muslim girls are married on Skype. Imams praise this technology, which allows families to trade in their daughters – girls between the ages of six and nine among them. How did our rulers let this happen?

Political scientist Elham Manea, herself a Muslim, has written a new book, Women and Shari’a Law: the Impact of Legal Pluralism in the UK. She investigated 80 faith “councils”, which settle disputes and make quasi-legal decisions. According to Manea these courts are more hardline even than in Pakistan and many of their religious leaders issue horrendous advice. For example, a senior cleric in a British Sharia council pronounced that there was no “right age” for a girl to marry: “As you know, the earlier the better”. Humera’s family were not given religious authorisation to do what they did to her. Imams in the 1990s were conservative but not inflexible Islamicists. Today the human-rights abuses are validated by dozens of Muslim leaders as well as by influential Islamic institutions. Though forced marriages are a curse in Hindu and Sikh families too, they do not have systemised, pervasive doctrines to back their heinous behaviours.

Why is this even important when we are discussing the Rochdale crimes against white British children? Am I trying to deflect attention from those horrors? On the contrary; I am making vital connections. We should find out how those close to the three brothers and the uncle were treated. Was terrible violence meted out to them, too? Should we not know that? More than 1,400 vulnerable white children were abused in Rotherham. Thousands of others are being discovered in other towns. The numbers would shoot up if we also counted the family victims of the groomers.

Grooming and domestic rape often go together. Police and journalists need to be as concerned about the latter as they now (thankfully) are about the former. Families and communities will resist such probes, lob accusations of racism and “insensitivity”. But it has to happen. Females of all backgrounds should be protected from sexual savagery and misogynist Sharia courts. There must be one law for all.

Monday 30 June 2014

No Second Wife Please - We're Indian Muslim women

Jyoti Punwani in the Hindu


Will the Muslim personal law make polygamy illegal?

When the Bhartiya Mahila Muslim Andolan started working on codifying Muslim personal law, they weren’t sure whether to ban polygamy, or make it conditional. Senior lawyers pointed out that despite bigamy being an offence, Hindu men continued to take a second wife. These women didn’t enjoy the status of a wife, whereas even the fourth wife of a Muslim man had that status.
But the final draft of the new ‘Muslim Marriage and Divorce Act’, released in Mumbai on June 18, makes polygamy illegal. How come? “That’s what Muslim women wanted,” says Noorjehan Safia Niaz, co-founder of the BMMA. “We played the Devil’s Advocate with them, asking them wasn’t a second wife necessary if the first couldn’t conceive, for example. Their reply always was: ‘No. No second wife. No woman should have to share her husband with another woman.’”
Of the seven years taken to arrive at this draft, two were spent talking to Muslim women, most of them poor, uneducated and living in ghettos. It was these women who were desperate for a change, urging the BMMA to “quickly change the law, get us justice.”
But the middle class, supposed to be the pioneer for reform, left Noorjehan disillusioned. A US-returned Muslim in Hyderabad baulked at the BMMA’s proposal to make 18 and 21 the minimum age of marriage for women and men respectively. “It should be 18 for both,” she suggested. Muslim male lawyers in Karnataka saw nothing wrong in a 13-year-old getting married as long as she had attained puberty. But in the bylanes of Bhopal, uneducated Muslim women suggested 21 and 25 instead. “Our daughters graduate at 21,” they pointed out.
“Middle class Muslims kept saying: ‘Don’t tamper too much with the shariat.’ They have well-off families and education to fall back on; the unjust decisions of qazis don’t affect them much,’’ explains Noorjehan. What kept the BMMA going was the response of poor women.
Consultations with these women were held across 10 states where the BMMA has been working, training paralegal workers as arbitrators and providing legal aid. Men would attend their public meetings, and a few would invariably object to their attire (“you are wearing a sari, you haven’t covered your head, you aren’t wearing a burqa — so you aren’t Muslim”), or to their lack of qualifications (“you are not aalims”). One man in Ranchi who objected vociferously to everything, later told Noorjehan, “I agree with everything you say, but if I don’t object, I can’t face my jamaat.” The BMMA took a decision not to consult the All India Personal Law Board and the religious organisations. “They have shown they don’t want change.”
The starting point of this long process was the condition of poor Muslim women, victims of the unIslamic and unjust decisions of maulanas and qazis. The Muslim Personal Law (Shariat) Application Act 1937 has no specific provisions to be followed, leaving every qazi free to rule as per their understanding of the Sharia. The Dissolution of Muslim Marriages Act 1939 lays down grounds on which a woman can approach the court, but few can afford to do so.
Because of this, reformists such as the late Asghar Ali Engineer campaigned for years for the need to codify Muslim personal Law as per Quranic injunctions, which grant women more rights than any other religion does. All Islamic countries have put in place modern personal laws. But in India, the move has always been resisted on three grounds: 1. The Sharia can’t be touched; it is divine. 2. It will be impossible to decide which of the four schools of Islamic jurisprudence should be followed in codification. 3. This will be the first step towards enacting a Uniform Civil Code (UCC).
As Engineer never tired of explaining, the Sharia is based on the Quran, it is not the Quran. In India, the Shariat Act was drafted and enacted by the British. The BMMA worked with Engineer on its draft, choosing to base it on the Quran itself. The draft contains verses from the Quran to back its provisions.  
Thus, to decide the minimum age of marriage, the Quranic injunction of ‘maturity’ of the spouses was interpreted as emotional maturity in addition to physical. “Besides, in Islam, marriage is a contract, and a contract can only be between two adults,” says Noorjehan.
The draft makes many common practices illegal, including underage marriage; unilateral, oral and instant talaq; making the woman give up her mehr (dower) and halala, the practice by which you remarry your divorced wife only after she consummates her marriage with another man and is then divorced by him. “This has no mention in the Quran, it’s become a prostitution racket in places like Lucknow,” says Noorjehan.  
Is this the right time to release this draft, given the new government’s emphasis on the UCC? “We oppose the UCC. But we also want to know, when will the right time come to get justice for women? Twenty years back, we were asked to wait as the Babri Masjid was demolished, the community was under attack. Aren’t women part of the community? Ten years back we were told the Gujarat pogrom had taken place. Can these leaders give us a guarantee that 10 years later, there will be a really secular government, and the community won’t be under attack? Secondly, who decides this hierarchy of issues? Let’s tackle all issues: discrimination, security and also women’s rights. Besides, how many of these leaders have worked on these other issues at the grassroots level? It is groups like us who have done so, tried to get the Sachar Committee recommendations implemented and also campaigned against Modi.”
Noorjehan knows it will take the efforts of many groups to get the government to accept the draft. “Let the community debate our draft first. At any rate, for us, the process was as important as the result.”