Friday, July 01, 2005

Justice and the Shariah are compatible

For all those who have been following the stories of Mukhtaran Mai and Imrana Bibi, here’s my two bobs worth.
For Mukhtaran Mai, it has been a long wait but it seems that justice is finally finding a way. However, the eight members of the village council who ordered her rape have not yet been taken to court. In my eyes, they are guiltier than the men who actually perpetrated the crime.
Regarding Imrana Bibi, a crisp synopsis of the case so far can be found on Gaurav’s blog. I have spoken to a few of my Muslim friends in Dubai and this is what I have gathered so far. The Shariah is based on the Quran, the Sunnah (deeds of the Prophet Mohammed pbuh) and the Hadiths (his sayings, discourses etc.). These three put together serve as a guiding light to Muslims on how they should lead their lives. Based on these three sources, everything is divided into five groups, 1. Things that are compulsory for Muslims, 2. Things that are recommended for Muslims, 3. Things that are permitted (neither encouraged nor discouraged), 4. Things that Muslims are discouraged from doing and 5. Things that Muslims are forbidden to do.
The three sources named above are inviolate and incontestable but interestingly, many people, and that includes Islamic religious scholars interpret these sources differently. Going by this, I do not think the decision taken by Darul-Uloom is incontestable because it is their interpretation of the Shariah.
Imrana Bibi has said that she will follow whatever the Shariah says, even if it means living with her father in law as his wife and treating her current husband as her son. Considering her faith in the Shariah (and the faith also of so many rational, educated Muslims), I am convinced that the Shariah is just and an Islamic religious scholar with a broader vision can interpret the Shariah in a way that punishes the rapist and not the victim.

PS - By the way, shouldn’t all this hoo-hah about Muslim Personal law be invalid? I mean, rape comes under Criminal Law and therefore under the Indian Judiciary and NOT under the personal law of any particular community.

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