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INDIAN LAW & ISLAMIC LAW – By Imam Shamsudeen Qasimi

07 Jun

Assalamu Alaikum respected and honourable elders, brothers and sisters,

Allah (Glory Be To Him) the Beneficent, the Merciful, has sent His religion as a very important   treasure, gift and guidance to this world  more than one’s basic needs like air,water,food etc.

In our day today lives, Allah (GBTH) is showing us so many incidents as an example to understand the importance and purity of His wonderful religion.

We are seeing in this world so many groups of people who have gone astray in their life without the knowledge of  Allah’s deen ul-islam. So comparatively, if we think that Allah (GBTH) has given us His deen ul-islam as a huge treasure and guidance, then we can never equate even our life time thanks  towards His blessings on us.

Normally, we will be able to understand the good and bad only if we compare anything in our life.

For the one who always deal with the good things in his life will not be able to understand its worth, unless & until he compares it with the evil things and understands the bad consequences out of it.

Similarly, for the one who always deal with the evil things in his life will not be able to understand the nature of dangerousness in it, unless & until he compares it with the good things and understands the good qualities in it.

In the same way, we all know that  Allah’s deen ul-islam is the world’s best and important treasure for mankind. But when we all always keep thinking about the good qualities of our deen ul-islam like 5 times daily prayer, zakat, fasting, hajj etc., then we won’t be able to understand the value,worth and importance of our religion as we deal only with those good qualities. Only when we compare it with other non-Islamic religions and their principles, then we will come to know how worth and valuable our religion is.

That’s why, Umar ( May Allah be Pleased with him) said,

“One cannot follow the Islamic principles fully & properly until he has understood the principles of non-Islamic people. Because then only he can compare those non-Islamic rules with our Islamic rules and will be able to  understand  how best our principles are.”

That’s why while meeting Arabs, I used to say them, our people know & follow better Islam than your people. Because we live with non-Islamic people around. We always get opportunity to compare ourselves with them & therefore we know the worth of  our Islamic rules than arabs.

For example : In Arab country, people will always see responding to their ‘nature calls’ in the sitting position and cleaning it in the same position as they live around only with the muslims. So, they may not be able to understand the importance of  sitting position while responding to ‘nature calls’.  But in India, a non-muslim man who is well dressed and in a high position will get out of his AC car and respond to his ‘nature calls’ in the standing position just like an animal in the street. Seeing these kind of things, we will understand how best our Islamic rules are. But these kind of comparative explanations arabs can never get.

Also arabs always see people praying the one and only god, Allah GBTH). But in India, we see non-Islamic people praying so many idols which are carved out of their hand itself. They even name their idol god with different names like  kargil pillayar, computer pillayar, baba pillayar etc. And to the worst case, they will break their idol god  by drowning them in the sea during one of their sacred festival. Seeing those activities we can understand what a spiritual,special and wonderful religion that Allah (GBTH) has given us. In this way, arabs will not get such a comparative explanations to understand the worth of Islam.

That’s why, only when we compare our Islamic religion’s rules and regulations with other religion’s rules and regulations,  we will understand what a beautiful and incredible religion Allah(GBTH)

has given us.

Similarly, if we compare our Islamic laws with other non-Islamic laws like an Indian Law, then only we will get to know how destructive the consequences of  non-Islamic laws are and how constructive,honest and true the consequences of our Islamic Law are.

To understand this, we can take the recent incident as an example. Two to Three days ago, the verdict given by the Indian supreme court in one of the popular cases was totally against the Islamic law and also to the culture of our country.  After seeing this verdict, we can easily understand the reason behind  the possession of judgement power by Allah (GBTH) in our Islamic law and not given to the mankind.

Let us now understand the case. Five years ago, a lady prostitute hailed from the northern part of India and settled down in Tamil Nadu.  She had given a statement recently few months before that any women can have sex with any men before marriage. And no men should expect virginity in their lady partners during marriage because those kind of old cultures  have gone.  So, now according to the western culture, any men can have sex with any women and vice versa is not wrong.

This prostitute is bit different from others. Because, our Tamil Nadu people even built a temple for her after watching her acting skills in the tamil cinemas. But on hearing the above mentioned westernised statement, the same Tamil Nadu people throw over her the slippers and broomsticks  whenever and wherever they saw her. Public protested seriously against her statement saying that she is ruining the culture of our country, our indian women by introducing the western culture in our country.

Based on this event, many people filed around 27 cases against her in the High court. In return, she filed a petition in order to dispose all those cases against her. To her bad luck she was not given her expected verdict in the high court, so she moved on to the Supreme court where the judge has given her the expected verdict to dispose all her cases. No wonder in this injustice. But the wonder happened while prosecuting this case. During that time, the judge raised a question that “ Which act states that a men or a women having a sex before marriage is wrong or unlawful?”. From this question itself, our Tamil Nadu people have concluded the verdict they can expect from this case.

Here,we cannot mistake the judges and the bench members, because their verdict was very honest based on the Indian law system which states that there is no wrong in having sex  before  marriage under  mutual concern i.e., consensual sex. But no one can give such a stupid and cheap verdict keeping in mind our country’s culture, humanity, conscience and religious values.

Now, we must think primarily upon the culture, our country is moving towards. Because, Supreme court and their judges were the last hope for the public whenever an unjusty prevails in the country. But, they themselves make these type of  ridiculous errors in the name of law. If this situation  continues, then the least hope of our public about the Supreme Court will also disappear.

Finally, through this case the supreme court have given a open statement that they support prostitution. As said before we cannot mistake the supreme court judges, because the verdict is correct according to Indian Penal Code IPC – 497, under  Adultery Act. This act states that, if a married woman without  the knowledge of her husband has a wrong contact with another man, then women will not get punishment but that man will get 5 years imprisonment. Seeing this many people opposed up on the disparity in it. We may think that they are asking punishment for both men and women. No, instead they recommended no punishment for both of them since it is happening under their mutual concern. Even some people filed a petition to change like this.

But if a married woman had a wrong contact with another man with her husband’s permission, then no one will get the punishment.

These are  the rules prevailing under the Adultery Acts in India for the one doing adultery after marriage.

For the open statement given by Supreme court that consensual sex is not wrong, I consulted with the lawyer known to me. I wanted to clarify about the prostitution and  under what basis prostitutes are being arrested. Because they also have sex under mutual concern like consensual sex.

But the lawyer said that he even don’t know under what act they are being arrested after hearing this verdict. He is saying may be police arrest them for commissions.

Hence, comparatively we can understand clearly the importance of our Islamic Law and the honesty behind it.

At least, to some extent we can accept these kind of injustices & mistakes since these laws were framed by the human being. But the same human being  will again make a mistake in understanding the framed laws with different perceptions. One lawyer will say one meaning where as the other lawyer will say another meaning for the same act. So, here both framing and understanding of law is under confusions.

That’s why in order to avoid such a worst conditions and confusions in the world, Allah (GBTH) has taken in charge of making judgement in our religion.

It’s all fine that our Indian law is in such a worst condition and because of that  the judges have given that verdict and disposed all her cases. As a responsible citizen of India, at least the judge could have told her some warning statements keeping in mind our country’s culture and  society’s well being. Even that has not happened. Here, the judge should think about his family ladies and also should think on whether he can accept the same verdict about consensual sex for his wife, daughters or daughter in-laws.

If our Indian law is like this, then no wonder that the so called accused hermit Nithyananda publicly given a statement that he hasn’t done anything unlawfully.

Let our indian law be like this. But our people will never take that law into consideration. They started opposing him and his ashrams. Even they slippered him when the police troops were taking him to Bangalore police station from Bangalore airport. The law under Adultery act is completely against public’s opinion here.  From this, we can understand that no one is accepting this adultery act. Because our Indian people have strong belief over culture and religious values. They strongly believe that every men and women should meet their partners purely.

Allah (GBTH) has discussed  about this Adultery Act with more importance  in His Holy Quran.

In Surah 23, Al-Mumenoon,Allah(GBTH) while listing the qualities of true muslim, He also lists the verse from 5 -7,

.وَٱلَّذِينَ هُمۡ لِفُرُوجِهِمۡ حَـٰفِظُون. إِلَّا عَلَىٰٓ أَزۡوَٲجِهِمۡ أَوۡ مَا مَلَكَتۡ أَيۡمَـٰنُہُمۡ فَإِنَّہُمۡ غَيۡرُ مَلُومِينَ 

.فَمَنِ ٱبۡتَغَىٰ وَرَآءَ ذَٲلِكَ فَأُوْلَـٰٓٮِٕكَ هُمُ ٱلۡعَادُونَ 

“Those who guard their chastity (i.e. private parts, from illegal sexual acts). Except from their wives or (slaves) that their right hands possess, – for then, they are free from blame; But whoever seeks beyond that, then those are the transgressors”.

Which means,

Both men and women should maintain their modesty and protect their private parts. Here, protecting private parts doesn’t mean that they should go ascetic life/become saint or shouldn’t get married.  Also Allah (GBTH) doesn’t says that one has to control his feelings, because He is the one  who created us and He knows about our emotional level very well.  Instead Allah (GBTH) says, that they should protect it with the help of their wives or slaves that their right hand possess.

In those ancient days, they had slaves in their houses, but now its not applicable. But whomever couldn’t control during their wife’s menstrual periods even for about 3 to 5 days,  then he can marry another wife instead of going to the prostitute. Whereas the Indian law says that any one can have sex with anyone.

Same was said my Taslima Nasreen. She went one step ahead and asked for ‘Uterus Freedom’. It means a woman can carry any men’s sperm. There is no condition that only woman can carry her husband’s sperm. Here, we don’t see any difference between both of them.

So, we must all understand from the above all points, that Allah’s (GBTH) law is the only law which can give light and life for the mankind. Only Allah’s law allows a human being to live like a human being. Even if a million and billion of well educated people with abundance knowledge & wisdom sit together to frame a law system, they can never frame it without any mistakes and that can never ever be equivalent to Allah’s (GBTH) law. A good example for that is the recent supreme court’s verdict.

During our Prophet Mohamed (PBUH) period, one of the companions came and told Prophet (PBUH)) that he has done adultery and asked for the punishment. But prophet turned his face to the other side. Again the companion came to him and repeated the same whenever Prophet (PBUH) turned his face. When the companion repented and asked for the punishment four times, then our beloved Prophet(PBUH) ordered to kill him by throwing stone over him. While hitting his head with camel’s bone, his blood splashed and spread over Khalid’s ( May Allah be pleased with him) dress. So, Khalid ( May Allah be pleased with him)  shouted at him to go away. Seeing that prophet warned him not to talk like that since he has repented for his mistake and receiving the punishment as well. Here, Prophet (PBUH) hasn’t neither agreed  with Khalid’s ( May Allah be pleased with him)behaviour nor shouted along with him. Instead he said that his repentance has been shared with the entire Madhina people’s sins. This is our Islamic culture. Only by the time the Islamic culture  comes into existence, this world and  the people will succeed in their life. Until then no wonder if these kind of laws or even worst than this can come in to existence.

Now, we should think what we can do to eradicate those type of blunders. We are those who possess Allah’s Islamic laws with us, so we have  to practise it and introduce it to other people.  We should tell them how best and beautiful our Islamic principles are since it is framed by Allah (GBTH) and not by any human being. May Allah (GBTH) bless us all with the courage and responsibility to understand, implement and spread it to other people. May Allah(GBTH) bless us all with the responsibility to respect & protect our  Islamic  principles more than our breath. Thank you all.

http://makkamasjid.com/index.php?option=com_content&view=article&id=681:30-apr-10&catid=39:jumma

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