Ahmad AL-Hakeem, B.A Civil Engineering, Qassim University
“True Sharia law is never practices in any Muslim country
despite what they might say .. Muslims countries are of three types:
“Countries ruled by western-backed military dictators who
struggle against Islam in general since it goes against them.
“Monarchies that claim to follow it but really don’t .. they
might restrict it to one class of people or allow what’s not allowable (like
financial interest) by giving it some bullshit name.
“democracies like Malasia and Turkey where they’re slowly
regaining a lot of their freedom back (turkey un particular) and implementing
aspects of Sharia back into the government.
“Sharia is both very detailed and broad in subjects. So, on
personal and community level it’s practiced and held by the people themselves,
not governments. On the government level, somethings like divorce or
inheritance laws generally follow Islamic ruling.”
while some parts of the argument on a religious issue
(raised by this journal) may be sound and rational, the conclusions drawn on
basis of such rationale by these non- scholars are not always correct. It is
only our ulema (be them of any sect) who are the eligible and legal authority
on deciding religious matters. It is important that our youth be not carried
away by rhetoric of reformers, whether these reformers are of new age or old
age.These people want to give the Indian judiciary the right to interpret Quran
with regard to Muslim Personal Law. This
is a dangerous trend started by Indian ultra-seclarists
Their argument rests on the premise that since we are not
following the Islamic criminal laws in this country, why should we still stick to the 150 year old Muslim pesonal Law Act and not
allow Indian judiciary to reframe it . They forget that there are certain
pre-requisites for penal laws of Shariat'(like cutting of hands for theft) fto
be fully implementated in a Muslim milority country which are absent in our
county( like collective Zakat by State is a pre- requisite). But for personal
law,it can be observed on individual basis in a society. Just because penal
laws(complete shariat) is not enforced ,does not give us an excuse for
scrapping of the personal of Sharia (MPL) or make sharia less sacrosanct This
is devious thinking and wrong conclusion and will lead to fitna in our country.
Aayina: Have you responded to my comment addressed
to Mr. Ghosh regarding his opinion about Shariah Laws and common civil code? You have addressed to me another point in your comment.
I have reminded him that even BJP leaders favor
ultimate and instant punishments of Shariah laws in some cases as he has blatantly
criticized the laws.
I have opined, Shariah laws are not without
usefulness. In some cases, astringent and ultimate punishment given to the
criminals instantly, serves as a deterrent to severe crimes.
My opinion is regarding the defunct and redundant Indian
penal codes where one lawyer charges the criminal with an IPC, and the other
finds a loophole in the IPC to save the criminals-rapists- killers etc.
Sanjay Gosh Ji: Your BJP leaders even demand
Shariah Laws to be implemented in India to punish the rapists. You are right,
no need of Common civil code, rather you
should make Shariah laws the common civil code. Your judicial system is already
politically-affected, out-dated and billionaires-friendly.
Implementation of total Sharia is possible
when Islamic government is ruling the country...basic thing is when
constitution is formed then for every religion personal law was formed and
decided. Earlier there were no problem to any body,,,but soon as the
colorization of Hindutva started and people has created lot of confusion and
brought the matter to screen a weak system and not serving justice. Personal
law in the constitution taking care mainly for marriage and property
distribution......as far as triple Talaq is concerned is not a big issue and
can easily solved with the mutual discussion of Ulema of all masaalik ,.....in
fact media has publicized too much and presented it as a very big fault and
sin, on other hand they are not looking
in to the matter of group rap, torching the girls, throwing acid on girls,
corruption in ministry and administration, black money----openly income tax people leaving big company s and
business group to charge the real income
tax and un necessarily issuing the letter to retired persons of the age
of 65 to 75 year old to show in office records that they are doing some work to
get official money and making fool to public---alas I remember the old incident
of shah Bano case when people approached the erstwhile pm of India Mr. Rajiv Gandhi
and elaborately explained the method of Talaq in Islam ,then after hearing he
told that it should be incorporated in Indian constitution, it is a very
balance rule and serve other aspects of life........unfortunately the worldly
systems implement the rules regulation where guarantee of poor and weak sector
of woman is not taking care off.
The real trouble with Muslims all over the globe,is quite simple,we will accept whatever suits us
or FLAVOUR OF THE DAY'
the rest we will leave it for others to interpret,whether it is right or wrong
A faith as pure and simple as Islam has been made ever so complicated particularly by our Maulanas of the day.
I rest my case though simplisitic it may sound. Syed Ali
Triple Talaq is not in the Quran
The Process for Divorce in the Quran
The medieval punishments
of flogging, amputation and beheading can not be implemented in India by AIMPLB
as the constitution has given very limited powers to the religious groups.
Article 26 of our
Constitution has given to all the religious minorities theright (a) to
establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property;and
(d) to administer such property in accordance with law
Recently, India's Supreme Court rejected a
petition seeking to ban Sharia courts, but stressed that they had no legal
powers over Muslims and their decisions could not be enforced. The top court
said that Islamic judges, who interpret religious law, could only rule when
individuals submitted voluntarily to them and their decisions, or fatwas, were
not legally binding. “Sharia courts are
not sanctioned by law and there is no legality of fatwas in this country,” C.K.
Prasad said as he read out the judgment from a two-judge bench”.