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.
Osaduddin Owaisi, a Muslim hardliner known for his legal wordplay, was brought to his knees by the combine of Times Now’s Rahul Shivshankar and BJP spokesperson Dr. Sudhanshu Trivedi on Ayodhya issue on Tuesday night debate.
Owaisi’s spacious argument was that Kapil Sibal was representing Sunni Waqf Board in the Supreme Court in the capacity of a lawyer and not from Congress; similarly as Ravi Shankar Prasad and Arun Jaitley have represented their respective clients in the past even though they are the members of the Bharatiya Janata Party (BJP).
(The same argument was stressed by Congress spokesperson Randeep Surjewala, chewing his words more than in his usual irritating style and flashing documents as Moses might have recounted the 10 Commandments in Exodus 20).
“But then why make a political argument that the Ayodhya hearing be postponed till after the ’19 General Elections? Doesn’t it show him (Sibal) as a political front of Congress? Why not stick to legal recourse? Doesn’t it show a lack of faith in India’s top judiciary?” Owaisi was questioned. Losing his cool by the minute, Owaisi said he didn’t fear as much Hindutva revivalism as Hindutva and the effect a majoritarian rule could have as it happened in (Nazi) Germany.
While Dr. Trivedi made a pertinent point on Hindu philosophy (“We have instances of one brother following another in the Forest; a heir-apparent abandoning his right on kingdom bowing to wishes of his father—unlike other faiths where son kills father and brother kills brother”), Owaisi’s sly reference to Germany needs a rebuttal. This is the last recourse Hindu-baiters employ to paint them as “Hindu fascist/Nazi forces.”
Since very few of us have the time or energy to verify these allegations, they acquire kind of a life of its own. Such a narrative would become more and more dominant till the next General Elections in 2019. It must be confronted with hard facts time and again.
Owaisi, who was dubbed by author Taslima Nasreen as a Muslim Extremist, is not alone in this fake tirade.
Communist leader Sitaram Yechury renamed RSS as Saffron Shirts (even though the RSS uniform has no saffron) or SS in a sly reference to Hitler’s dreaded paramilitary group. [i] Sonia Gandhi and other Congress leaders have done so in the past. [ii]
In Adolf Hitler’s Mein Kampf, the word Hindu or any term for any specifically Hindu concept, does not figure anywhere. “India” figures only twice.
As for the adoption of Swastika (or hooked cross) as party symbol, it was Hitler’s attempt to counter Communist “hammer and sickle” as a logo of his own party. It bore no resemblance to Hindu’s quest for inner control from one of his of outward physical dominance. [iii]
Further, there is no Hindutva theory on race purification, no biological divergence of the Hindu-Muslim conflict and no Hindu programme on eugenics.
Still, the Hindu-haters attempts have persisted all along. At the time of Ayodhya history debate in 1990-91, VHP-mandated scholars had mentioned a 19th century Germany archaelogist Dr. A. Fuhrer to further their claims. Quickly enough, the vicious propaganda turned it into an evidence of VHP’s admiration for the Fuhrer!
Owaisi need be told that if anything, the Muslim League before Independence was viewed to have a similar outlook on Hitler and Nazi Germany by none other than Jawaharlal Nehru, as mentioned by BR Nanda in his book, Gandhi and his Critics :
“When Nehru returned after a brief visit to Europe in 1938, he was struck by the similarity between the propaganda methods of the Muslim League in India and the Nazis in Germany.”
Nanda wrote further that “the league leaders had begun to echo the Fascist tirade against democracy…Nazis were wedded to a negative policy. So also was the League. The League was anti-Hindu, anti-Congress, anti-national…the Nazis raised the cry of hatred against the Jews; the League had raised its cry against the Hindus.” [iv]
Though this piece is not about Hindu-Muslim viewpoints, it must be said in passing that the RSS and Hindutva forces, against whom Owaisi mouths his venom, have never commented on the intrinsic value of Islam as a religion even though by popular admission, Islam is narrower, more regimented and less freer than Hinduism.
For example, Muslim countries are less repentant about having treated non-Muslims under their rule as a lower class of human beings. Such has been the case against the Hindus in Pakistan and Bangladesh.
Thousands of Christians were killed in Indonesia, in East Timor and in Sudan; substantial Copts were killed by Muslims in Egypt; Algerian Islamicists targeted Catholic priests in 1990s. Christian natives too have committed since against Hindus in Fiji but neither any Muslim or Christian country is ever termed as Fascist/Nazis. (Thanks to Dr. Koenraad Elst for these facts).
Communists have killed far more people in numbers than Hitler ever did. Did British colonial powers kill less number of Indians than Hitler ever did in his Holocaust?
Yet, the tag of being Fascist/Nazis has never been applied against an Islamic or Christian country after World War II. Hinduism, in contrast, is tolerant and accommodating, never looking for outward expansion, and thus an easy target for this tirade.
Those who call Hindutva as Fascists or Nazis, ironically are clearly in alliance with ideologies whose record against Humanity leaves much to be desired: Communism and Islamism.
I conclude this piece with a delicious chuckle: all these secularist champions—who fear-monger about supposed Hindu fascism—need be told that Hitler himself was a secularist!
The European history of the last half-millennium has shown that modernity (Renaissance, Enlightenment, French and American Revolution, French Third Republic etc) has gone hand-in-hand with secularization. Hitler too had continued with the secular policies of Bismarck’s Kulturkampf. All along, Hitler had kept religions in its place.
i] Pseudo-Hinduism Exposed, CPI (M), Delhi, 1993, Page 1
[ii] The Saffron Swastika, Dr. Koenraad Elst, Page 28
[iii] The Swastika, Malcolm Quinn, Page 129
[iv] Gandhi and his Critics by BR Nanda, Page 88