Muslim law board to oppose any anti-Shariat law
Submitted by admin3 on 20 March 2010 - 10:49am
By IANS,
Lucknow: In a major development, the All India Muslim Personal Law Board (AIMPLB) resolved Friday evening to oppose any court verdict that goes against the tenets of the Islamic Shariat.
The decision was taken on the opening day of the three-day AIMPLB conclave at the Nadwatul Ulema University of Islamic Studies here.
Briefing mediapersons at the end of the day-long proceedings, board assistant general secretary Maulana Abdul Rahim Quraishi said: "The board is of the view that effective implementation of darul - qaza verdicts is often obstructed on account of certain civil laws."
He said, "However, we need to make it loud and clear to the government that such laws will not be accepted by us."
The Maulana sought to add, "This is not anything new that we are seeking; in fact there have been several occasions in the past when court verdicts have been withdrawn by the legislature or by the parliament because these did not conform to the basic tenets of Islam."
Asked how the board proposed to go about it, he declared, "Well, we will make a formal representation to the government to make suitable amendments in the civil laws so as to avoid any kind of confrontation with the Islamic Shariat laws."
Earlier, the meet was inaugurated by AIMPLB president Maulana Rabe Hasan Nadwi, who was also the Rector of Nadwatul Ulema.
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divorcee by women
What Muslim civil law says when a women having 3 year old girl child want to take divorce from her husband due to his illness? About custodian of child?
Shariah & Civil law (maintainance to divorce women)
Dear Friends, As per shariah law the maintainable is applicable till Iddat, But 125CRPC says for life. can you give guarantee that Female will not have any relation after IDDAT?? If she is happy with maintenance money then why to take divorce/separation. Talak is last in ISLAM which is Haram. Now a days female do not want to follow social responsibility so demanding money with every excuse possible. Genuine cases can be excluded from it.
Babri masjid verdict must
Babri masjid verdict must have taught a bitter lesson to GMs unwavering faith in corrupt and najas indian judicial system.
NO CIVIL LAW ON THE SURFACE
NO CIVIL LAW ON THE SURFACE OF THE EARTH IS BETTER THAN THE SHARIAH AND COURT VERDICT CAN BE FAIRER THAN THE VERDICT OF AN ISLAMIC COURT, HENCE THE AIMPLB IS QUITE RIGHT. WE MUST NOT MEEKLY SURTRMDER TO UCH CIVIL LAWS AS ARE OPPOSED TO THE SHARIAH
S.M.PASHA
CONVENER
SHARIATH PROTECTION COUNCIL, CHENNAI
MUSLIMS ARE ENJOINED TO OBEY
MUSLIMS ARE ENJOINED TO OBEY SUCH LAWS OF THE LAND WHICH DO NOT TRESSPASS ON THE SHARIAH, IF THOSE LAWS ARE OPPOSED TO THE SHARIAH MUSLIMS ARE TO IGNORE THEM IF POSSIBLE,OR VIOLATE THEM IF NEED BE, HAPPEN WHAT MAY.
THIS APPLIES TO THE CIVIL LAWS. AS FAR AS THE CRIMINAL LAWS IN INDIA ARE CONCERNED, WE HAVE NO OTHER GO EXCEPT EITHER OBEY THEM OR MIGRATE FROM HERE. WE ARE CHOOSING THE LESSER EVIL. BE THAT WHAT IT MAY, WHEN CIVIL LAWS ARE AGAINST THE SHARIATH, MUSLIMS ARE JUSTIFIED IN DEMANDING EXEMPTION FROM SUCH ANTI- SHARIATH LAWS
S.M.PASHA
why differentiate
@pasha
Why diffentiate, india must enforce sharia for muslim. If not they can migrate to saudi or to iran which ever is ready to take them. Who is ready to take is the million dollar question
If muslims are propagating
If muslims are propagating Islam(makki period)migration can be postponed till a safe haven(like madina )is available.or else stay away from fitna even if in a jungle.
Mr. Ghulam Mohiyuddin
Dear Ghulam,
It's good to know that you have good knowledge about Sharia Law and Civil Law. Please provide me any example where Civil Law is better than Sharia Law?????
And your argument that Sharia laws has something which is pre-islamic... Let me clarify you that Islam has come to not to unroot entire system at that time, but it has come to reform those system. So at that time what was right, Islam has kept the same as it is, but what was mismanaged, Islam has corrected the same. At the same time, Islam has introduced many new rules which were till then not part of society as we people are doing in Civi law time to time.
So please be cleare while studying the Islamic or Sharia Law.
I will be agreed with you for certain things which were applicable at that time for some special circumstances, but now they have lost their importance, however in some cases those too are applicable.
Be clear that Sharia Law is based on Quran and Hadeeth and cleric interpretations.
If you still have your particular mindset to read Sharia law, please give me some example where Civil law is better than Sharia law in the same case.
Regards
Muslim
sharia
sharia law is just law written in a book..If every religion has its own laws to implement.Then what is the meaning of democracies..Beheading, mutilation,stonnig, canning etc are those baberic laws included in sharia and it is worthless..you appraised something about islam..how many islamic countries are in good condition?pakistan..afganistan..sudan
somalia..chad..yemen..all are facing threat from radicals who are forcing worthless sharia..jiahd is an islamic word which want sharia on others
Mr.Muslim
Mr.Muslim says, "Islam has come to not to unroot entire system at that time, but it has come to reform those system." This is true. But reform is a continuing process. It does not stop in the 7th century. The ulama of the past 1000 years failed to do ijtihad, and decided that the safest policy was to rigidly hold on to the past.
Mr.Muslim asks for examples where Civil Law is better than Sharia Law. Islamic Law itself can be an ideal law if it is drafted by enlightened members of the community in accordance with societal ethos of the times and if it is based on the fundamental Quranic principles of equality, fairness, justice, rationality and human dignity.
"Coloured Glasses"
Mr.Pasha accuses me of wearing coloured glasses, and adds, "THE WORST OF AMYTHING ISLAMIC IS FAR BETTER THAN THE BEST OF ANYTHING UN-ISLAMIC." With due respect, such a statement can be made only by someone wearing colored glasses. I believe we can learn from others just as others can learn from us. In any case, we do need to abolish triple talaq and polygamy and to accept gender equality.
Coloured vision
Mr. Mohiyuddin, I am afraid you seem to have a coloured vision - Qur'an explicitly gives permission for polygamy under certain conditions- who are 'we' to ban it? I think you need to come clear on whom do you refer to, when you use the term 'we'- is it those Muslims who believe in the Divine Revelation of the Qur'an or those who do not (in which case, they cease to be Muslims by definition)?
At best, someone can argue that Shariah has been wrongly 'intrepreted' but it is Muslim belief that the perfect laws for human guidance already exist within the Qur'an- kindly clear your confusion.
Regarding gender equality, the Qur'an only asks men to be 'qawwam' over their wives, thus laying down responsibilities of both of them. Gender equality is a misnomer in the first instance - how can apples and oranges be equal either way?
Reply to Mr.Shaheen
Mr.Shaheen says, "Qur'an explicitly gives permission for polygamy under certain conditions." The Quran prescribes the fundamental principles of equality, fairness, justice, rationality and human dignity to govern human affairs. Our laws should be based on those principles. Sharia laws reflect the application of those principles to 7th century Arabia. Many of Sahria laws are continuations of pre-Islamic Arabic laws, with slight modifications. God has given us brains to formulate laws, but the laws must be based on the fundamental Quranic principles mentioned above.
Please be accurate
Ghulam sahab,
I am unaware from where have you got the misconception that Shariah is based on pre-Islamic arab customs (which were termed as Jahilliyah by Muslims). Kindly provide concrete examples of Shariah laws that differ from Qur'anic injunctions- I am not taking about minor differences in interpretation here, but I believe by and large the Shariah cannot differ fundamentally from what is laid down in the Qur'an.
The propaganda you are citing is a common excuse utilized by moderate/secular/westernized Muslims who instead of conforming to the Qur'an find an easy excuse by saying that Shariah has no basis in Islam- so you mean to say that all centuries of work done by the Ulama was waste?
Answer for Mr.Shaheen
Polygamy and easy talaq for males are pre-Islamic Arab customs. Islam did put some rules and regulations in them. Sharia laws were based on Quranic injunctions and suited to 7th century Arabia. However it was not possible to apply the principles of equality and fairness fully at that time. That's where Ijtihad comes in. Centuries of ulama failed to do Ijtihad, leaving us as medieval-minded people, unsuited for success in modern world. We have a lot of catching up to do.
Belief
Going around in circles has little utility since we are not on the same page- you need to clear some air - for Muslims, the Holy Qur'an is the Divine Speech of Allah Swt - it is illogical to think that Islam merely put some rules and regulations in the Arab customs. If it was not possible to apply radical change at that time, how did the call to One God take place in the midst of idolatry?
Definition of 'success' and 'modern' is also different with respect to different peoples- I have no inclination to comment further on your baseless arguments- for Muslims, real success lies in the Hereafter, and Islam is already the most modern religion.
I do not claim that human thought has not progressed through the centuries, but the real problem before us is a lack of belief rather than lack of ijtihad. I fear you will accept 'interest' too as the need of the hour!
Mr.Shaheen
The Quran is a gift to us from God. The same God also gave us brains. The Quran lays down some basic principles that should govern human affairs. Those principles should also be the basis of our laws. Sharia reform is more advanced in Iran, Turkey and several other Muslim countries compared to in India. The most sensible and liberal reforms have been introduced in Morocco. Please read the following article:
http://timesofindia.indiatimes.com/world/middle-east/Change-is-coming-to...
.
false call
I don't see how and why Ijtihad has any role to play in the AIMPLB preserving separate personal law for Muslims in India - these two issues are completely separate- first, please agree that we need to be govern our affairs according to Shariah (the law of Allah as revealed in the Qur'an), then we will see how and when to apply Ijtihad to it.
I do not concur with your observation that the Qur'an lays down only basic principles- it lays down much more than that- dietary laws, divorce laws, inheritance, permissible relationships are a few examples.
Correction
NOTE TO THE EDITOR:
The comment that I just sent should be in my name, and not as Anonymous
Reply to Mr.Shaheen
If we want to cotinue with our own Personal and Family Laws, it is essential that our laws be consistent with the basic Quranic principles of equality, fairness, justice, rationality and human dignity, and that they be cognisant of the ethos of today's Indian Muslim, not of the 7th century Arab.
Quran and Hadith are
Quran and Hadith are comprehensive and applicable till the day of judgement.Ijtihad does not mean abolishing Quran and Hadith as per 'requirements of changing times.Ijtihad means to solve a particular issue which was non existent during Prophet(saas)time,in the light of Quran and Hadith.Thousands of salafi ulemas are doing Ijtihad and solved many issues throughout the history of Islam.Its only in indian subcontinents rigid taqleedi hanafi ulema who have forgotten ijtihad.
To understand ijtihad let us take an example.
Someone asked about whether Brown sugar is Halal or haram or makrooh?
Now there is nothing mentioned in Quran and Hadith about it since brown sugar was non existent at that time.ijtihad is to derive rules in the light of Quran and Hadith,thus ulema compare this with similar products ruling and accordingly give Fatawa .But they cannot deviate from Quran and Hadith.
Ghulam is praising Iran and other deviant groups like Qadiyanis who have attacked the finality of Prophet (saas)khatme nubuwwat and thus are hell bound.'
SHARIAH & CIVIL LAWS
I BEG GHULAM MOHYUDDIN AND THE READERS OF TCN TO EXCUSE ME FOR MY HARSH EXPRESSION BUT SINCE IT IS VOICE OF MY INNER VOICE, I CANNOT HELP UTTERING THEM. MY ANSWER TO HIS STATEMENT THAT CIVIL LAWS ARE " MORE CONSONANT WITH THE BASIC QURANIC INJUNCTIONS THAN OUR SHARIAH LAWS AND THAT TOO "IN MANY INSTANCES" IS STUFF AND NONSENSE. IF ONE WEARS COLOURED GLASSES, EVERYTHING WILL APPEAR COLOURED. REMEMBER, MY FRIEND, THAT THE WORST OF AMYTHING ISLAMIC IS FAR BETTER THAT THE BEST OF ANYTHING UN-ISLAMIC. OF COURSE, WHEN CIVIL LAWS DO NOT CLASH WITH AND/OR CONTRADICT THE SHARIAHM THEN THERE IS NOTHING WRONG IN OBEYING IT.
LET ME GIVE A COBNCRTE EXAMPLE. SHARIAH STIPULATES PAYMENT OF MAINTAINENCE AMOUNT TO A DIVORCED WIFE FOR A CERTAIN PERIOD AND SUBJECT TO CERTAIN CONDITIONS BUT CIVIL LAW STIPULATES THAT IT SHOULD BE PAID THROUGHOUT THE LIFE OF THE FORMER WIFE. BETWEEN THE TWO LAWS, A MUSLIM MUST FOLLOW, HAPPEN WHAT MAY, FOLLOW THE SHARIAH.
S.M.PASHA
CONVENEDR,
SHARIATH PROTECTION COUNCIL CHENNAI
AIMPLB and Court Verdicts
AIMPLB has resolved to oppose any court verdict that goes against the tenets of the Islamic Shariat. But what if the court verdict appears to be more fair and more just than what the shariat provides? Basic Quranic injuctions require our laws to uphold equality, fairness, justice, rationality and human dignity. Strange as it may sound, Indian laws are in many instances more consonant with the basic Quranic injunctions than our sharia laws.
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