Prof. Mohammad Tahir

Sharia Courts in all districts is recipe for another Pakistan

The All-India Muslim Personal Law Board (AIMPLB) has plans to introduce Sharia Courts (Darul-Qaza) in all 640 districts of India.

Even though Sharia Courts have no locus standi in the precincts of India’s courts, and that individuals and not a religious group is an entity in the eyes of a “secular” state, the AIMPLB recommends itself to solve the personal conflicts of Muslims in this country, citing the inordinate time a case takes in legal courts and claiming the guardianship of interpreting “Quran” the holy book for its adherents.

It’s a dangerous, calculated ploy by the AIMPLB to present itself as the upholder of “Quran” and thus obtain a complete subservience from the Muslim population of India, preparing a ground of conflict with India’s legal system which has recently made a move on the “triple talaq” issue and which is at the cusp of making a “Ram Janmabhoomi” verdict.. It’s preparing a ground for “two-nation” theory and has seeds of another Partition, another Pakistan in it.

The threat is real due to the weak nature of Indian judiciary which, in the past, passed a Shah Bano judgement couched as its “interpretation” of Sharia laws. India’s rule of government is no better in cracking a whip on a body about whom 95.5% percent of Muslim women have not even heard of.

Prof. Mohammad Tahir, an international expert on Muslim law, and a former chairman of Minorities Commisson, has no doubt that the Muslim law board manipulates Quran to perpetuate regressive laws and that it needs to be abolished. A few of the instances he cites,are worth quoting: “There are two verses in Quran on talaq. One verse says, `Divorce is only twice.’ The other Quranic verse says a person can’t divorce his wife unless there is an arbitration or reconciliation process from both sides. The Maulvis prefer to choose the first verse as law and the second as a mere morality.

“Similarly there is no Quaranic sanction for a Muslim law which treats two female witnesses as equal to one male witness… Every sensible Hadith is declared false, every sensible verse of the Quran has been abrogated.”

“Frankly I want (Muslim law) board to be abolished. It’s members are paranoid and they speak rubbish. Everytime the Supreme Court delivers a judgement, the Board says it is interfering with the Shariat.”

We have the instances of Muslim women denied fair marriage, divorce, adoption and property rights.  No women-in -dargahs; polygamy etc is practiced. Prohibition on child marriage is opposed by AIMPLB. Free voices, like Salman Rushdie, would continue to be muzzled.

The fall-out and damage to India’s social fabric consequently has been massive.  It has led to Muslims retreating themselves into “ghettos” and “no-go zones.” There is no assimilation and thus regressive mindset kicks in which fuels similar destructive forces of other minorities. In the name of “secularism”, the majority in India allows such self-appointed bodies to hijack and set the agenda for the minorities to the detriment of the nation.

Thus a “nation-within-nation” takes shape. It’s funded by forces which wants jihad for Muslim sovereignty across the globe. From US to Philippines, every society today is facing this challenge. First, an exclusive area is forged; it then develops into a zone which police has problem in accessing. Lawlessness emerges. Politicians fish in troubled waters. It’s not long before government loses control of such areas. Terrorism and drugs thus come to hold sway. Soon there is a call to declare them “Islamic zones.” Several European cities today are victims of such phenomenon.  For example, a radical group in UK wants 12 British cities, including London, to turn into independent Islamic states.

Look at Bengal. It has hundreds and thousands of illegal infiltrators from Bangladesh, duly aided by ISI-modules. Consequently, there are 100s of villages in Bengal where police has no say, abetted of course by politicians. When fundamentalist Mullahs make a call for no-entry to the likes of Taslima Nasreen, neither police nor politicians are of any help.

Initially, the British judges in India were assisted by Muftis and Qazis. The Qazis Act of 1880 deprived the Qazis of their judicial powers. The British courts thereafter made judgment on Muslim Personal Law. There was a persistent demand in the first quarter of 20th century to have Sharia Courts. Muslims followed the Hindu Act till 1937 when the Muslim Personal Law Application Act was passed. The All India Muslim Personal Law Board came into being during Indira Gandhi’s rule in 1973.

The life around us could soon descend into chaos, anarchy, riots and who knows, civil war.  That’s what happens in completely communally polarized societies with weak judiciary and appeasement politics. Similar was the situation during the final years of Raj when bigoted forces managed to vivisect India, slicing off its Eastern and Western arms. Appeasement lay at the root of it. History seems set to repeat itself and it would, unless it’s dealt with firmly and decisively. As citizens, we would be no less responsible for our indifference.