Islamic Sharia Laws
Sultan Shahin, Founding Editor, New Age Islam
Sultan Shahin, Founding Editor, New Age Islam
As an average
Muslim understands, in Islam intention is all-important. So much so, that when
a Muslim stands up for prayer, it’s not considered enough that he is doing
everything that is done in prayer. He has to specifically state that he intends
to pray. Now read what AIMPLB’s law book says in the matter of triple talaq:
“Talaq-e-Sareeh
i.e. Talaq by using clear and plain words effect divorce whether one intends
divorce by them or not.”
It must have
been based on this that the Deobandi fatwa told a young Muslim husband that
even if you wrote the word talaq thrice in jest while chatting playfully with
your newly wedded wife online, your divorce is final and you cannot remarry her
unless your wife performs halala, that is, marries someone else, consummates her
marriage, sleeps with the new spurious husband for a few nights, and gets a
divorce from him later. Halala is the
most obscene social practice among Indian Muslims which has the blessings of
all sections of ulema....
The
presence of different religious schools of thought before and after the
independence has been with dual impact both positive and negative as it never
let the issue of Sharia’s incorporation resolve both in the inherited. The
different sects and religious school of thoughts could hardly agree upon a
specific ideology to be adopted as a guideline, like which Sharia to have opted
as a guideline....
It is for the government of
India to take a call in the matter. Why should Indian Muslim women not deserve
the protection of Islam provided to their counterparts in Pakistan, Bangladesh
and elsewhere, practically in the entire Islamic world, except Saudi Arabia. ...
Why should Indian Muslims suffer the indignities imposed by the British in our
land under an Anglo-Mohammedan law? ...
A debate kick-started by
Personal Law reforms may then provide us an opportunity to take the issue of
theological reforms to other areas too, which are far more important to the community
and our religion. Personal Law debate would bring out the obscurantism of our
ulema to the fore. It would bring out their lack of concern for Islam or
Muslims.
We have to virtually create, find acceptance for and
popularise a new Islamic theology of peace, coexistence,
inclusiveness, pluralism and gender equality.
The stagnation, total lack of
any theological debate, in the Muslim community, just has to be breached
and broken. The stagnation suits the Islamist extremists who have a very
coherent, well-designed, well-thought-out theology of violence and
exclusivism, hatred and intolerance, as well as gender inequality and
discrimination.
In essence, Muslims should not clamour for the Hudud just to fuel
identity politics. Likewise, Muslim spokesmen should stop feeding the political
passions of their religious constituents. Islam needs people of vision, not
apologists....
“Ahok’s is the biggest blasphemy case in the history of Indonesia. He
is the governor of Indonesia’s largest city, an ally of the president. If he
can be sent to jail, what could happen to others?” he said. Harsono said more
than 100 Indonesians had been convicted of blasphemy in the past decade, with
acquittals in such cases extremely rare...
Is
Qadri really a hero? Is this right to declare a person your ‘hero’ who has
unlawfully killed a man? Usually people do not like to indulge themselves in
debates that have some religious aspects, being afraid of unexpected
consequences, but today I want to highlight where we are headed when it comes
to the question of religion. There is no Surah or Hadith which says that the
convict of blasphemy should be sentenced to death....
Ibrahim B. Syed, New Age Islam
Ibrahim B. Syed, New Age Islam
In the Qur'an,
Nikah is described as Misaqan Ghaliza, i.e., strong bond and has
explained how and with whom one can enter into this strong bond and this strong
bond cannot be dissolved without proper reason and method. It certainly cannot be dissolved
whimsically. A man has to pass through
different stages to bring about reconciliation either by persuading his wife to
behave properly, or by appointing arbitrators as per Qur'anic injunctions
(4:35). ...
The Qisas and
Diyat law has become a powerful means for criminals to kill and get off scot
free, especially in cases of honour killings. A woman is killed by her brother
in the name of honour and the case is settled with the father or the rest of
the family....
Ibrahim B. Syed, New Age Islam
Ibrahim B. Syed, New Age Islam
Some Muslim
scholars are under the impression that the Arab women used to roam around with
their head and bosoms totally uncovered; and the Qur’anic verse (24:31)
instructed them to pull their ‘Khimar’ from their back onto their
exposed bosoms. This assumption is correct as it is based on historical
facts....
T.O. Shanavas, New Age Islam
T.O. Shanavas, New Age Islam
Sharia is
central to Islamic faith. It is the Divine Law of Guidance for personal and
public behaviour of Muslims, and justice to humanity. Justice is one word in
Islam that wraps balance, harmony, fairness, mercy and equity together for the
society to function cohesively, where none has live in fear of the other but
God. In its absence, humanity will degenerate into a dysfunctional society....
The Shariah
practiced by the so-called Islamic State or ISIS is anathema to even al-Qaeda
and the Taliban. The logical question is whether these Shariah are accepted by
a majority of Muslims. The answer is an emphatic no....
To be fair the Ulama agree that triple talaq in one sitting is not the best way to give divorce. However, it seems clear to me that they have a problem with the state doing away with this practice. The courts itself, in the eyes of these Ulama, do not know Islamic law, but the worst fear seems to be that non-Muslim would be sitting in judgment over what is perceived to be a solely Islamic issue. This again is the pernicious exclusivism practiced when it comes to the Muslim religious establishment.
The relevant Quranic verses pertaining to divorce is verse 2:229-30
which opens with Al-Talaqu-Marratan which means 'divorce may be
pronounced twice.' Maulana Usmani opines that the word 'marratan' itself
implies a gap of time between the two pronouncements of divorce. It is during
this period that attempts at arbitration and reconciliation have to be made.
After this period, if the differences cannot be resolved, a final and
irrevocable third Talaq is to be pronounced, for it has been said that a woman
must either be retained in honour or released in kindness.....
There are two main stumbling blocks when it comes to reforming personal law of Muslims. First of course are the Muslim Ulama who argue quite erroneously that the personal law cannot be changed as it based on sharia which in turn they proclaim as divine. In their thinking, disturbing the Muslim personal law is equal to disturbing the divine law which is understood as perfect. ...
By contrast, early Muslims revered the Quran as the literal word of God but knew that not every verse should be interpreted literally, argue the editors of "The Study Quran." Disputes and commentary about sacred scripture are not a modern, liberal betrayal of Islamic tradition. They are the tradition.
A perusal of the Islamic law of inheritance is very instructive in this respect. For instance, the share of a daughter is half of the share of a son. This means there is apparent inequality, but when this is considered in the context of the economic roles and responsibilities of men and women, its justification becomes manifest.
The Prophet’s example of marrying a minor girl (Aisha) is not relevant for it is conceivable that all his marriages that he contracted as the head of a rapidly expanding community after the death of his first wife Khadija were of purely of political and conceivably celibate nature and no Muslim can replicate his role as a head of an expanding community under divine guidance. Therefore his marriage with Aisha cannot be considered as a basis for marrying off a minor girl......
Related Articles:
Reform India's Muslim Personal Law, Breach the Stagnation in Muslim Religious Thought, Use the Opportunity to Work out A New Islamic Theology of Peace, Pluralism and Gender Equality
http://newageislam.com/islamic-sharia-laws/sultan-shahin,-editor,-new-age-islam/reform-india-s-muslim-personal-law,-breach-the-stagnation-in-muslim-religious-thought,-use-the-opportunity-to-work-out-a-new-islamic-theology-of-peace,-pluralism-and-gender-equality/d/104278
Indian Muslim Ulema Who Insist On Retaining the Anti-Qur’anic Triple Talaq (Instant Divorce) In Muslim Personal Law Are Sinners, Haters of Their Women-Folk and Criminals and Must Be Resisted
http://newageislam.com/islamic-sharia-laws/muhammad-yunus,-new-age-islam/indian-muslim-ulama-who-insist-on-retaining-the-anti-qur’anic-triple-talaq-(instant-divorce)-in-muslim-personal-law-are-sinners,-haters-of-their-women-folk-and-criminals-and-must-be-resisted/d/104483
The Qur’anic Sharia (Laws) On Divorce, Triple Divorce, Temporary Marriage, Halala stand Forbidden (Haram)
http://www.newageislam.com/islamic-sharia-laws/the-qur’anic-sharia-(laws)-on-divorce--triple-divorce,-temporary-marriage,-halala-stand-forbidden-(haram)/d/6391
A Draft of Indian Muslim Family Act Prepared By Bharatiya Muslim Mahila Andolan
http://newageislam.com/islamic-sharia-laws/dr-noorjehan-safia-niaz/a-draft-of-indian-muslim-family-act-prepared-by-bharatiya-muslim-mahila-andolan/d/104457
The truth is, the institution of triple talaq (instant divorce) deprives a married Muslim woman of her Qur’an rights of counseling, arbitration and negotiation with her husband prior to the termination of her conjugal rights that is binding on a man as her awliya (9:71) and qawwam (4:34). Furthermore, it gives a Muslim husband infinite power to blackmail his wife into doing anything, however immoral, or to abuse her in any way he wishes, or curtailing all her civil rights, and even forcing her to break her parental filial ties by dangling the dagger of triple talaq over her head. It is a far greater weapon of extortion and black-mail than a loaded revolver that can kill a woman’s body once and for all rather than turn her into a living dead – killing her soul leaving the body alive to bear the agony of moral death, having been reduced to virtually a slave of her husband who could shout at her at whim, beat her up, torture her and throw her out of his life by uttering once terse sentence. It is by far the most heinous legalized extortion of the defenseless married Muslim women in India that forces this Muslim writer to exercise utmost restraint in castigating its advocates lest he may be charged of using unscholarly diction and reduce this most serious essay into polemical narrative.
The Muslim Personal Law (Shariat) Application Act, 1937 was passed to ensure that customary law does not take the place of Muslim Personal Law. However in the absence of a codified law, customary practices which are divergent from the values and principles of the Quran have emerged. New codes have been introduced globally with the hope that they will introduce the rule of law in family matters and end arbitrariness and variances in judicial decisions. In India there is a need to have a comprehensive codified family law to ensure justice within the family.
Experts point
out that oral triple Talaq has no sanction in Islamic jurisprudence, and is in
fact banned in many Muslim countries. According to Prof Mahmood it is “banned
all over the Muslim world. Why should India be sticking to this 7th century
law?”
In a
strongly-worded article Sultan Shahin,
editor-in-chief of New Age Islam website, backed call for government
intervention.
“It is for the
government of India to take a call in the matter. Why should Indian Muslim
women not deserve the protection of Islam provided to their counterparts in
Pakistan, Bangladesh and elsewhere, practically in the entire Islamic world,
except Saudi Arabia. Egypt, Iran, Jordan, Morocco, even Yemen and Sudan have
more modern Muslim Personal Laws than India. Why should Indian Muslims suffer
the indignities imposed by the British in our land under an Anglo-Mohammedan
law."
For far too
long, it has been treated only as a woman's issue with even liberal men
reluctant to speak up. But the fact is that it potentially affects every Muslim
family. And the next woman to be dumped via a text message or cheated out of
her Mehar or denied maintenance could be our own mother, sister or daughter....
Related
Article:
Reform India's
Muslim Personal Law, Breach the Stagnation in Muslim Religious Thought, Use the
Opportunity to Work out A New Islamic Theology of Peace, Pluralism and Gender
Equality
Maulana Wahiduddin Khan
Maulana Wahiduddin Khan
On the one hand, the Quran (42: 13] says that the Deen or religion that God has sent humankind is one and the same and that it has been sent to every messenger in the same form. On the other hand, from the above-cited Quranic verse (5: 48), one learns that God has established a difference with regard to the Shariah and Minhaj or methodology of religious practice of the different messengers. Different messengers were given different Shariah and different methodologies......
There is a worrying trend of the Saudisation of Islam in Malaysia, where Islam is represented by bearded men in meteorologically challenged outfits and women in tents behind tinted MPVs....
It is hard to imagine Hudud, corporal and capital punishments laid down in traditional Islamic law, actually being implemented in Kelantan. But the renewed discussion is harming Malaysia’s reputation as a bastion of moderate Islam....
Kunwar Khuldune Shahid
Kunwar Khuldune Shahid
‘Reclaim Australia’ protests were held in 16 Australian cities on Saturday, and were attended by hundreds of demonstrators, who want to ban anything and everything from the Burqa to Halal certifications, from Shariah law to Islam itself....
It is hard to imagine Hudud, corporal and capital punishments laid down in traditional Islamic law, actually being implemented in Kelantan. But the renewed discussion is harming Malaysia’s reputation as a bastion of moderate Islam....