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First , a bit of the background .
After Indian independence , the nation's founding fathers decided , in view of the multitude of cultures present in India ( and also due to political pressure from different community leaders ), to split the law into two sections , criminal and civil law , and to make criminal law common to all communities , while civil law varies depending upon the community . One community's leaders in particular were very vocal about wanting an independent civil code - I think you've guessed by now that that was the Islamic community and their leaders . They , however , had not the guts to ask to keep criminal laws separate ( the Sharia is very , very strict , and imposes very harsh penalties on the smallest transgressions ) .
One of the objectives was that , at an unspecified time in the future , the civil code would be unified and the entire country would be governed by one law . Due to political apathy and resistance from Islamic community leaders , this has not yet happened .
Now for the examples I give that will shock you and give you an idea of what imposing Islamic law on Muslims actually means . Note that this is a criticism of both , Islamic law as well as the current system .
The first case I come to was that of Shah Bano . This is a woman who was divorced by her husband just by her husband's utterance of the word "Talaq" ( which means divorce ) thrice . This form of divorce is held legal in India if you're a Muslim , because marriage and divorce are under civil law . This poor woman went to the court to get alimony . The case went till the Supreme Court , and the Supreme Court ruled that she get alimony .
The government in power , scared of displeasing the Islamic community leaders by appearing to encroach on Islamic personal law , caved and nullified the court decision . Shah Bano lost the case - after more than seven years of fighting it through the legal system . And she has children to support - the husband is not taking any responsibility for them , though by law he is expected to do so .
The second case is currently a matter of national debate , and deals with another woman who is suffering due to the double standards inherent in the partial adoption of any legal code . It is the case of Imrana .
Imrana is a woman who was raped by her father-in-law . She went to court , and her father-in-law will be convicted of rape and sentenced accordingly ( following Indian criminal law , common to all communities ) .
A Muslim law board , however , has issued a fatwa saying that now that she has been raped , she cannot go back to her husband , as according to Islamic law , if a woman has sexual relations with anyone from their husband's family , she is "haram" ( forbidden ) to her husband and , she must , in this case , renounce her husband , marry her father-in-law , and accept her husband as her son .
According to Islamic law , a rapist is to be stoned to death . So this means that the father-in-law is punished according to Indian common criminal law , but the poor women is forced to follow Islamic law .
In my opinion , it is best if the government gives all communities an ultimatum - by this date , you have to decide whether you want to make law uniform , or you want criminal law , too , to be split up . After being confronted with the Sharia and its harshness , I'm sure that the Islamic community will accept common law .
This is a rant to prove three points - that all cultures are not inherently equal , that Islamic law is f***ed up and has no place in a democratic society that values human rights , and that the current Indian civil legal system sucks .
Opinions ?
After Indian independence , the nation's founding fathers decided , in view of the multitude of cultures present in India ( and also due to political pressure from different community leaders ), to split the law into two sections , criminal and civil law , and to make criminal law common to all communities , while civil law varies depending upon the community . One community's leaders in particular were very vocal about wanting an independent civil code - I think you've guessed by now that that was the Islamic community and their leaders . They , however , had not the guts to ask to keep criminal laws separate ( the Sharia is very , very strict , and imposes very harsh penalties on the smallest transgressions ) .
One of the objectives was that , at an unspecified time in the future , the civil code would be unified and the entire country would be governed by one law . Due to political apathy and resistance from Islamic community leaders , this has not yet happened .
Now for the examples I give that will shock you and give you an idea of what imposing Islamic law on Muslims actually means . Note that this is a criticism of both , Islamic law as well as the current system .
The first case I come to was that of Shah Bano . This is a woman who was divorced by her husband just by her husband's utterance of the word "Talaq" ( which means divorce ) thrice . This form of divorce is held legal in India if you're a Muslim , because marriage and divorce are under civil law . This poor woman went to the court to get alimony . The case went till the Supreme Court , and the Supreme Court ruled that she get alimony .
The government in power , scared of displeasing the Islamic community leaders by appearing to encroach on Islamic personal law , caved and nullified the court decision . Shah Bano lost the case - after more than seven years of fighting it through the legal system . And she has children to support - the husband is not taking any responsibility for them , though by law he is expected to do so .
The second case is currently a matter of national debate , and deals with another woman who is suffering due to the double standards inherent in the partial adoption of any legal code . It is the case of Imrana .
Imrana is a woman who was raped by her father-in-law . She went to court , and her father-in-law will be convicted of rape and sentenced accordingly ( following Indian criminal law , common to all communities ) .
A Muslim law board , however , has issued a fatwa saying that now that she has been raped , she cannot go back to her husband , as according to Islamic law , if a woman has sexual relations with anyone from their husband's family , she is "haram" ( forbidden ) to her husband and , she must , in this case , renounce her husband , marry her father-in-law , and accept her husband as her son .
According to Islamic law , a rapist is to be stoned to death . So this means that the father-in-law is punished according to Indian common criminal law , but the poor women is forced to follow Islamic law .
In my opinion , it is best if the government gives all communities an ultimatum - by this date , you have to decide whether you want to make law uniform , or you want criminal law , too , to be split up . After being confronted with the Sharia and its harshness , I'm sure that the Islamic community will accept common law .
This is a rant to prove three points - that all cultures are not inherently equal , that Islamic law is f***ed up and has no place in a democratic society that values human rights , and that the current Indian civil legal system sucks .
Opinions ?
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