By Manjari Mishra,TNN
9 July 2008
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
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
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]
[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]
[9 Jul, 2008 1626hrs IST]
[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
[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]
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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]
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[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]
[9 Jul, 2008 1335hrs IST]
Aryan, Melbourne, says: there shd only one law in
[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
[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]
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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]
[9 Jul, 2008 1149hrs IST]
[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]
[9 Jul, 2008 1120hrs IST]
[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]
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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]
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shakti, sydney, says: How much insult Indian Law can take?? or just sit there like a dumb spectator:)
[9 Jul, 2008 0638hrs IST]