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Friday, April 21, 2006

India Intelligence Report

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SC Admonishes Islamic Courts

 

The Supreme Court (SC) took serious exception to an “Islamic court” that issued a fatwa seeking the divorce of a couple in Orissa because the intoxicated husband uttered “talak” word thrice in his sleep. Fatwas are religious edicts not recognized by the Indian Constitution. A Muslim man can utter the word “talak” thrice to divorce his wife. 

The story broke last month when the wife told her friend in confidence that her intoxicated husband uttered the word thrice after they had a minor quarrel at night. Her friend apparently reported the matter to an Imam (priest) who took it on himself to convene a meeting of elders and pronounce that the couple needs to divorce. The couple insists that they do not want to separate and have been seeking police and religious support to stop the fatwa from coming into force. Since neither was forthcoming, they approached the SC which reproached the so-called “Islamic Courts” reminding them that India is a secular nation and that Indian laws prohibit the unnatural separation of a couple by the State or religious bodies. It also ordered the Government of Orissa to provide protection to the couple so they are not harmed or harassed by religious fanatics.

 

This judgment is part of a larger story where the SC has already demanded a report within 4 weeks from the Government whether there were Islamic or Shariat courts in India. The court order was necessitated by a bizarre ruling by Islamic clerics in the case of a woman being raped by her father in law. The Islamic clerics ruled that the girl now be married to the rapist and did not even ask for the rapist to be jailed. 

The ruling and the SC deadline come at a very inconvenient time for the Congress and its allies, which depend on the support of Muslims to win elections. These political parties think that supporting the Imams will win them elections. While the Imams do control large aspects of lives of poorer Muslims, they do not rule them. As seen recently in Bihar, Muslims rejected fundamentalist positions of Lalu Prasad Yadav for a more development oriented face of Nitish Kumar—Yadav had paraded an Osama bin Laden look alike as proof of his amity with Muslims.

Politicians are increasingly using ghetto-creating policies and fooling illiterate Muslims to think that reservations, Islamic rule, and medieval form of justice are good for them. Through their greedy behavior they are denying Muslims education, development, and employment. Through divisive measures such as the Sachar Commission, they are trying to divide populations so their inefficiencies and corruption will not get the focus that it deserves. More importantly, they are denying a peaceful integration of societies in India.


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