Outrage: Muslim clerics annul rape victim's marriage

By Manjari Mishra,TNN

9 July 2008 

LUCKNOW: In a chilling reminder of the Imrana case, yet another young woman from Muzaffarnagar who allegedly fell victim to her father-in-law’s sexual assault faces a bleak future after mullahs called for the annulment of her marriage.

On July 6, Salma (25), an unlettered mother of two kids, returned to her parental home in Islamnagar, Muzaffarnagar, after she was allegedly raped by her father-in-law over a period of six months. Salma’s father, Raisuddin, filed a criminal complaint with the police under section 376-506 IPC in Ghaziabad, and the accused, Salma's father-in-law Akbar, has been jailed.

But in the process her four-year-old marriage to Azad has virtually ended after clerics ruled their reunion as 'haraam'.

"A woman who has had a sexual liaison with her husband's father cannot be his consort anymore. A divorce is a must," Mufti Maulana Imran, senior cleric from Darul Uloom Deoband, said on Monday after his view was sought. The prescribed punishment in the case, he maintained, was 'sangsar' or public stoning of the victim and the culprit until death.

In 2007, Imrana's case, which was broadly similar with the clerics declaring her marriage null and void after she was raped by her father-in-law, had led to a tsunami of criticism of the mullahs who have been treading cautiously on inter-personal issues ever since.

Maulana Khurshid Alam Qazmi, another mufti from Darul Uloom, when contacted by TOI, refused to discuss "a religious edict" on phone.

"In any case there are so many fatwas issued from Deoband that it's next to impossible for me to remember any details," he said.

But Mufti Imran was more forthright. "Such a relationship as in the particular case is totally immoral and can't be condoned," he told reporters on Monday.

"The couple must separate. They are free to marry any other man or woman on a later date but their nikah is void under Islam," he said.

The mufti also ruled that "children in this case (Salma has one two-year-old and a four-month-old son) must be looked after by the father who is entitled to their custody". The woman, the mufti clarified, "cannot be exonerated for such a thing cannot happen without her consent."

According to Raisuddin's FIR lodged on July 5, Akbar was sexually abusing Salma for the last six months. It says Akbar told her that if she opposed his overtures he would have her father and brother killed. He also used firearms to coerce her. "The husband is under the father's influence and can't protest.

Moreover, Akbar has promised him another wife," the FIR says. Salma, who was virtually under house arrest, spoke about her trauma to a visiting aunt and asked her to approach Raisuddin and save her.

The following compilation of Times of India Readers’ Opinions shows how outraged humanity is over the issue. NewAgeIslam.com condemns the Mullahdom’s clear attempt to make new laws and create a bad name for Islam in the process.

A.RAHMAN ALIG, KINGDON OF SUADI ARABIA, says: THIS FATHER IN LAW MUST BE HANGED OR STONED BECAUSE HE HAS SPOTTED THE VIRTUOUS RELATION.

[9 Jul, 2008 1833hrs IST]

Sagar, UK, says: Where are our great liberals and intellectuals like Sashi Tharoor, Shabana Azmi, Javed Akhtar etc., on this matter? And ofcourse, where are our ToI editors - whose avowed stance so far is to oppose a Unifrom Civil Code? So far as civilized human societies are concerned, the rapist should be prosecuted, the victim compensated/rehabilitated/councelled and returned to her family (her husband and children). Where do our "Liberals" stand, where does ToI stand, where do we all stand?? How many of us will shed our hypocricy and campaign for a Uniform Civil Code?

[9 Jul, 2008 1745hrs IST]

Kurtz Wolfgang, Muenchen, says: They call it a very peaceful religion or religion of peace and a scientific/rational one too. :))

[9 Jul, 2008 1744hrs IST]

Aryan, LONDON, says: Dear Mr.Shakti,this is India.Here all the national policies are governed by vote-bank politics.Since 1947 no political party has got enough will-power to amend constitution so that muslim personal laws could be challenged in judicial court system.This is only because this can harm their muslim vote bank.These kind of reports only bring shame to the Indian political system,leave aside the respite for victim or punishment for accused.

[9 Jul, 2008 1716hrs IST]

Debjit, Bangalore, says: I dont agree with divorce in such cases but in this particular case the woman should get seperated from her husband because the husband is equally guitly as his father because he didnt object to his fathers wrong doings and protect her from being the victim. The childrens custody should go with the mother as their father was dreaming of a new wife while their mother was being raped by the grandfather. Shameless father and grandfather!!!!!

[9 Jul, 2008 1714hrs IST]

Das, UAE, says: Clerics are more dangerous than the so called father-in-law, in this regard.

[9 Jul, 2008 1640hrs IST]

asif , paris, says: a husbands duty is to protect her wife and if he could not do ( by complaining to police or other authority...) how could he may merit to be husband!!!!

[9 Jul, 2008 1626hrs IST]

Tanveer, London, says: In islam sexual relationship between daughter-in-law and father-in-law is a sin (well, its a sin in all religion) and if they have sexual relationship, then the marriage with the husband is declared void (this is to prevent confusion of children which can be either from father-in-law or husband). and there is punishment for both person involved in adultery. However, this ruling is for consensual sex. Here the woman claims to have been raped. So this ruling does not apply here. Hence the mufti is confusion the ruling and fooling the people. The indian law must first find out if the father-in-law raped the woman and if so, punish him for raping. The mufti is not the police or judge here to say that the sex was with the woman's consent. the judge will decide the case.

[9 Jul, 2008 1605hrs IST]

Gulam Nazar, Pune, says: These Mullas must be criticized for their backward views and they are not doing any good to India Muslims as they have wasted interest in keeping Muslim community uneducated & poor and then instigating the Muslim Community to make terrorist activities. It is time that all Muslims in India who are educated should rise against these Mullas.

[9 Jul, 2008 1520hrs IST]

ajay, dubai, says: For e'thing from wearing of scarf to inter religious marriages, human rights and social activists come out with flags and banners in their hands, buses burned, hartals.--- Sexually abused at home, socially abused by mullas, and no takers?, no banners? no human rights groups/NGOs/ action groups?! - time to start thinking right, are they here to serve a cause? or a purpose!!

[9 Jul, 2008 1503hrs IST]

Nidhi, delhi, says: How can even muslim males can undertake such verdicts from their mullas...Dont they have their own brains and thinking power...Indian law should take a strong stand against such kinds of stupid judgements ever given by any religious clerics....All Indians must stand against such irrational views...we educated people need to more to help in building our country a better place to live in for all people despite of sex, age, religion and region...

[9 Jul, 2008 1456hrs IST]

INDIAN, SINGAPUR, says: what is the ruling if such an incident happen in a hindu community? after all we are all humans (hindus, christans or any religious community)... wolfs are everywhere in sheep skin... please be broadminded in answering... NO HATE SPEECH PLEASE...

[9 Jul, 2008 1447hrs IST]

imran, Mumbai, says: There is two thing that i observe. 1.She was forced to have sex, then in this case case she is innocent & culprit should be punished. 2.As stated by mufti that her consent was there then it is case of adultery & prescribed punishment is a must. We must identify the fact before giving our judgment. Islam has law for everything provided correct details are given..

[9 Jul, 2008 1421hrs IST]

kowsar wani, ksa, says: you are talking of six months,not one or two days,so it is clear her husband was knowing whats going on.i think maulans are right and iknow all those people will object who has got extramarital affairs.

[9 Jul, 2008 1420hrs IST]

Ketan Kulkarni, Mumbai, says: This is crazy. Already the woman is going through hell for no fault fo hers and this ruling by the maula will ruin her life completly as well as damage the lifes of her children. I understand that the Supreme Court does not interfer with the personal laws, but in such cases the court should have the maula arrested and tried for mental tourture and harrassment of a woman.

[9 Jul, 2008 1419hrs IST]

Reema Sharma, Hyderabad, says: Horrible! Illicit logic. Tragic

[9 Jul, 2008 1418hrs IST]

Some Indian, France, says: Is India is democratic country with well defined law or a Islamic state where mullas are the judge?

[9 Jul, 2008 1417hrs IST]

K. Venkatarman, new delhi, says: archaic. the islamic law seems to have been based on when the woman in question seduces the father-in-law, and not vice-versa. strange that the victim receives the punishment in islam when in all other religions the culprit is punished. poor muslim women, we cannot but sympathise with them, unlettered, unsupported, poor, they are nothing more than objects of satisfying the lust of their menfolk. the educated muslim men must hang their head in shame. what a crime our ex priminister had committed that it is punishing the already hapless muslim women. he could have easily, with the 2/3rd majority in the parliament introduced uniform civil code in the country. at least the muslim women would have had recourse to the indian penal system.

[9 Jul, 2008 1411hrs IST]

Rusha Ganesh, Maharashtra, says: These Mullahs should be arrested immediately.

[9 Jul, 2008 1359hrs IST]

Hanif Mohammed, UAE, says: These deoband tadhiwalas should be publicly humilated - they are not worthy of their position, and worse, they are representing 'us' which is a disgrace. Well I sincerely hope that Muslim women stop listining to these maniacs and take the responsibility to punish them, to avoid another victim from this terror. Wake up moderates - and kick the hell out of these deobands !!!!!

[9 Jul, 2008 1359hrs IST]

Mujahid, Mumbai, says: Dear Alisha, Islamic scripture clearly mention whom u can marry and whom u can't. Islam do NOT allow women to have marrage(sexual relation) at the same time with father and son and this fact is acceptable by all religion, then why is this hue and cry against this fatwa! Whats the point in living in that house where for six months a women was having sex with her father in law. Try to understnd diffrence between mutual sex and rape, rape do not takes place for period of 6 months.Islam tells if a man rapes a women then only man will have death sentence and if women is married and then she is having relationship with any other man then both should be punished. Many comment here just reflect the mindset which is anti-islamic which we don't bother nor we care.

[9 Jul, 2008 1357hrs IST]

k .madhukar, bangalore, says: Human rights commission ,which wants to deny US Visa to Mr Modi., CM of Gujarat ,should read this news and publicly declare whether this decision of a Mulla is not violation of human rights?I personally feel it is inhuman to deny a rape victim to right to marry and this denial is as big a crime as killings on religious basis.If this so called Human rights commission can not muster enough courage to condemn the act of this mulla, it is a clear indication that Human Rights commission is always after soft targets.

[9 Jul, 2008 1343hrs IST]

cyril lobo, mumbai, says: is religion above humanity? i am sure none of those so called scholars and custodians of religion/islam have even the basic knowledge of islam. why dont they educate themselves about basics of islam and then talk and pass judgements? these are not islamic rules but the rules developed by clerics to keep a hold on the innocent public. followers please wake up from your sleep.

[9 Jul, 2008 1338hrs IST]

ramesh, bangalore, says: ugliest face of the islamic fundamentalism...deniying the rights of individual .. it defies all logic and reasoning that victim is supposed to be punished to death for her alleged compliance!! the time has come for all the right thinking muslims to join hands to fight and cleanse this menace from their system,lest they would also be considered part of the crime inflicted by the religious system

[9 Jul, 2008 1335hrs IST]

Aryan, Melbourne, says: there shd only one law in india, thats indian penal code, no muslim board law shd be entertained in india.

[9 Jul, 2008 1329hrs IST]

Javed, Jeddah, says: This is totally incorrect,no muslim will issue such a fatwa. Actually in islam the rapist has to be stoned to death not the victim. Also if a person have sex outside his/her marriage with consent of both the punishment is same.

[9 Jul, 2008 1305hrs IST]

Ayesha Karim, Noida, says: The Indian constitution and rule of law has to be upheld. No parallel authority can be allowed to chip away at the law of the land.Muslim women are citizens of India and have a right to all the protections provided by the Indian State.

[9 Jul, 2008 1259hrs IST]

Imran Ansari, Vashi, says: I would like to clarify one common mistake that everyone commits and that is to misunderstand the meaning of Fatawa. Fatawa simply means an opinion. E.g. In Mumbai, we get to hear regular Fatawas from Thakerays. A fatawa becomes ruling only when there is an Islamic state and the fatawa is pronounced by a state appointed Qadhi(a Judge). And that's what happens everywhere else. Judges pronounce judgement.

[9 Jul, 2008 1257hrs IST]

Indian, india, says: This is another case of religious decrees and blind judgements.It is high time judiciary interferes and disallows people with limited knowledge to take decisions, that too which involves such sensitive issues.Police should act swift and ask these people to restrain from issuing such orders (fatwas) else face punishment.There should be only one law and it should be applicable to one and all. All these personal law-boards (of all religions) should be banned.

[9 Jul, 2008 1255hrs IST]

Sameer, Colombo, says: Anyone is free to issue statements in India and media publishes it to their advantage. There is no Shariah court in India and there is no means for establishing laws and making people adhere to it. Even if the mullah issues a fatwa of capital punishment, it can't be enforced ... in short it only adds to masala news .... and doesn't aid the victims in any way.

[9 Jul, 2008 1247hrs IST]

Devender, New Zealand, says: This is in-human. In such instance the husband should be man enough to stand beside his woman. Also what happens to the kids? An old fart rips a family apart and a cleric keeps it that way. Obviously he is not qualified to deliver justice this is reflected in the decision. Let this be a lesson - one land one law... for all.

[9 Jul, 2008 1218hrs IST]

Aaditya , Pune, says: The Journalists themselves ask Mullas about there views and the make the headline "Muslim clerics annul rape victim's marriage".Off course Mullas are no 'Doodh ka dhula' either.

[9 Jul, 2008 1213hrs IST]

khan, india, says: Whatever maualans have said is correct as one can't force a person to have sex for SIX long months, the lady is also responsible for it and she must have done it with her own will. The headline used by the reporter is not correct as rape happens only once and not for six months. The media never publishes the facts correctly.

[9 Jul, 2008 1211hrs IST]

Ravinder, Kapurthala, says: How many divorces will be there?. In case a census (confidential) is conducted, you will find that a good percentage across religion , is either victim or willing to go in for father-in-law and daughter-in-law relationship.

[9 Jul, 2008 1153hrs IST]

Naqi Akbar, Pakistan, says: The issue demonstrates itellectual freeze on part of the clerics. If the sexual union has been with consent; the marriage could have been annuled. in this case; the women should be bailed out. to say that rape cannot take place without the victim consent is wrong. the clerics should consult history and see that Umayyad ruler Yazid army ravaged Medina in 62 or 63 hijri and his predominantly Syrian'Chirstian army raped Medina women causing numerous rape childern in the process. a line needs to be drawn between teh sinner and the victim. similar activity has taken place during Mongol invasions.

[9 Jul, 2008 1149hrs IST]

Khalid, India, says: Not surprised to see these kinda news items and very well expected the response from ignorant and people with polarised mindset. Let us come to point, considering the news to be true and verified by authentice sources of TOI (1). Why the lady kept quit for 6 months. She might not be having faith in indian law or police. (2). If the husband is not capable of protecting from his father (forget about from anti social elements) then he not not in liable to be husband or father, so anyone who is sane (no Mufti is required) will be of same opinion that the divorce is the answer. (3). Why TOI chose to talk directly with Muftees directly instead of going to the commitee nominated for press releases. Please think whoeevr is making comments.

[9 Jul, 2008 1142hrs IST]

Kaushik Das Gupta, Mumbai, says: Is Indian law IMPOTENT! Why are separate laws for separate communities? Punish the Father in law and put the husband behind bars!

[9 Jul, 2008 1140hrs IST]

Debjit, Bangalore, says: Though I dont agree for a divorce in such cases but particularly in this case the couple should get seperated because the husband of that woman is no way less than his father by not objecting and not protecting his wife from his fathers wrong doings. Both the father and son are guilty and the woman should get seperated from her. Regarding the childrens custody they should be with their mother and stay away from their father who was dreaming of a new wife.

[9 Jul, 2008 1126hrs IST]

Zaheer, Saudi Arabia, says: People should only comment when they know about the muslim law.Indain muslim Cleric's are more often Condemned about the truth they say, and what's written in sahriyah law. Please try to understand muslim laws are being followed in countries like UAE, Saudi Arabia, Egypt etc where the punishments are followed in accordence with the shariyah law. I say first there should be a proper investigation that what happened and then any one should comment on it this applies to the Celric's as well they should get the details first and then comment in accordence to the shariyah law. I hope no one is offended by my statement.

[9 Jul, 2008 1120hrs IST]

shridhar, usa, says: why religious mulla turned into fundamentalist,insensitive? they are Koranic scholar.not dumb.don't they have heart?any sense of logic to understand helplessness of rape victime woman?who is responsible?blind interpretation of Koran?religious study in madrass?or Islamic concept about women as inferrior to man,not to trust women witness compare to men?where is liberal condemnation against denial of justice to women?why women right advocates like Shabana Azami not take lead to protest march? why human right activites like Shweta Svetalvad not approach court for justice?why do not secularists demand to implement civil law?will non communal political parties prove their secular credential by taking bold stand against fundamentalist maulavis?

[9 Jul, 2008 1118hrs IST]

Amit Jain, Gurgaon, says: If we are heading in a direction to allow anything and everything that a man and women can think of in a relationship then yes, the mullaha is wrong. But there is an element of social values that we must consider before killing this mullaha and that is what does marriage stands for. In the words of George barnard Shaw " marriage is nothing but a social license for a couple to beget children ". If a married women out of fear or threat decides to sleep with some other man for six months and then reports it to be a rape then where does the ethics and morals and social virtues of Marriage stands. My verdict would be 1. Three years of prison for the rapists father in law 2. Marriage is null & void 3. Both men and women in the case should be allowed to remarry each other if they decides it to be.

[9 Jul, 2008 1117hrs IST]

Raju, Kuwait, says: Who is this mullas? Who gave the authority to judge and punish the people? The law of the democratic country of India should take this matter seriously and take action on these types of cheap mullas.

[9 Jul, 2008 1116hrs IST]

Bandemataram, India, says: Just wait and watch.....how many of those modern MUSLIM bloggers reply to this article now....there wont be much(if at all any). Their crocodile tear is only for RSS and BJP ruining this country...

[9 Jul, 2008 1110hrs IST]

Eva Mukhija, New Delhi, says: This is disgusting. The father in law should be castrated and so be the mullahs. How can they even think that such henious acts would please their Allah. Is law dead in this country?

[9 Jul, 2008 1052hrs IST]

M.I.Akbar, Riyadh, says: Not every lay man can issue a fatwa. all the self appointed god man has to be banish so that their wont be any room for foolish arguments.

[9 Jul, 2008 1046hrs IST]

Imran, Hyderabad, says: How can a woman still remain a wife of her rapist's son? Why didn't she raise the issue earlier? If the reason's in FIR is correct, the woman cannot be held guilty under Islamic law.

[9 Jul, 2008 1037hrs IST]

Quazi Umaan , UAE, says: The time has changed now and the Mullas must act and speak like humans not like the puppet of Islam. Islam never means to nullify a marriage after the wife is raped but it emphasiss on the purification of the couple.he humanity is far more above than religion.Better we all should raise our voice against this heinous crime than quarreling on the baseless verdict of idiot Mullas. The father-in-law must be whipped and the lady should be given compensation. Also the husband should submit an affidavit declaring that he will protect his wife rather than allowing his father to rape his wife.

[9 Jul, 2008 1033hrs IST]

Musing, NJ, USA, says: Are their Human Rights people reading these news ??!! What has happened to them now?? Why are they scared?? They should come forward to give this woman justice and also Imrana. Where are the progressive muslims.

[9 Jul, 2008 1029hrs IST]

Raman, Delhi, says: It is high time that the reformist muslims take the matters in their hands instead of these mullahs and bring a muslim law in place which is based on equality for both men and women

[9 Jul, 2008 1024hrs IST]

Shah, India, says: 'The prescribed punishment in the case, he maintained, was 'sangsar' or public stoning of the (victim) and the culprit until death.' Perfect example of media's twisting of facts. Its just stoning of culprit NOT victim. I think most may agree to that but how to make it anti Islamic. Simple add victim's name. Its negative and repulsive statement now. I request TOI to desist from such carelessness. Islamic laws are not meant to torture victims. I think you should read and understand them with open mind you will find they are a perfect set of laws.

[9 Jul, 2008 1014hrs IST]

Yasub, Bangalore, says: Quran no where says such things..... if the interpretation is incorrect .... stupid mullas and terrorism is the result!!!

[9 Jul, 2008 1011hrs IST]

S, Delhi, says: "public stoning of the victim and the culprit until death" - are these laws of stone age still valid in Islam? Hang the father-in-law and the clerics....or better stone them to death.

[9 Jul, 2008 1009hrs IST]

S Kiran, India, says: India would be a better place without these people.

[9 Jul, 2008 0952hrs IST]

Aalisha, seoul, says: These mullas should be raped , and then stoned to death as they cannot be exonarated as the act could not have been carried out without their consent ! Disgusting..

[9 Jul, 2008 0639hrs IST]

shakti, sydney, says: How much insult Indian Law can take?? or just sit there like a dumb spectator:)

[9 Jul, 2008 0638hrs IST]

URL: https://newageislam.com/islamic-sharia-laws/outrage-muslim-clerics-annul-rape/d/183