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Monday, July 7, 2014

Supreme Court ruling on sharia courts draws sharp reaction from Indian Muslim clerics

URL - http://sharialaws.blogspot.com/2014/07/supreme-court-ruling-on-sharia-courts.html

Maulana Jilani's comment is precise and sums up the role of Sharia in one's life.   It was in the same spirit I have been writing about sharia Law in America.  Let personal conflicts be resolved between any two parties through any system that mitigates the issue and bring peace to the parties. 

 Zafaryab Jilani, member of the Muslim Personal Law Board, said, "We are not doing anything parallel to the judicial system and we don't say that any order passed by a Qazi is binding on all. Our sole motto is to resolve a matter with the consent of two parties involved in accordance with sharia."

The following statement by the Supreme Court needs to be understood, "Disapproving of a sharia court issuing fatwa and order against a person who is not before it, the Supreme Court on Monday said it has no sanction of law and no legal status." The Supreme Court is right, no one should pass a judgment against an individual without his or her presence in the court, and the right to defend himself or herself. There should be no judgement in absentia.

The third statement comes from Maulana Mohammad Sajid Rashid, president of Kul Hind Imam Association, the Maulana is dead wrong when he asserts, "A Muslim who does not follow the sharia is not a true Muslim." This statement is excessive, and amounts to stepping beyond Maulanas' bounds. 

For hundreds of years, the Muslim religious leaders had the power of the state behind them,  and got away flouting the God given freedom of expression in Quran,  " ... Let there be no compulsion in religion: Truth stands out clear from Error ..." [2:256]. This is Islam's unambiguous affirmation of freedom of faith. It is time to question what has been passed onto us for generations. Is Maulana Mohammad Sajid Rashid talking about Quranic Sharia based on justice or the Human designed Sharia Laws that purport to serve Justice? Please note the difference at http://sharialaws.blogspot.com/2013/02/genesis-of-sharia-law.html 

The Maulana's call amounts to rendering judgment in behalf of God. Even Prophet Muhammad (pbuh) had admonished his associate for killing a man who claimed to be a Muslim but the associate did not believe in him.  The Prophet questioned him, how did you know what was in his heart? Indeed, he reiterated that God alone knows what is in one's heart.  No human has a right to judge on one's faith but God, and God is merciful and kind and offers the opportunity to seek forgiveness until the moment of death. 

Every practicing Muslim recites that God alone is the master of judgment at least 17 times a day. As a society, Muslim or other can punish the violators of the common rules for theft, cheating, robbing, breaking contracts, but God did not authorize any one to judge on one's faith. Islam is about freedom and not enforcement of faith. 

Mike Ghouse is a Muslim speaker, thinker and a writer, and presides over the World Muslim congress, a think tank, and a forum with the express goals of nurturing pluralistic values embedded in Islam to build cohesive societies. More about Mike at www.Mikeghouse.net 

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Supreme Court ruling on sharia courts draws sharp reaction from Muslim clerics

PTI | Jul 7, 2014, 05.59 PM IST  - Times of India


Supreme Court ruling on sharia courts draws sharp reaction from Muslim clerics

Disapproving of a sharia court issuing fatwa and order against a person who is not before it, the Supreme Court said it has no sanction of law and no legal status.

NEW DELHI: The Supreme Court's verdict on Monday declaring that a sharia court has no legal sanction drew sharp reaction from Muslim clerics who said that the Constitution allows them the right to work and act according to Muslim personal law. 

Zafaryab Jilani, member of the Muslim Personal Law Board, said, "We are not doing anything parallel to the judicial system and we don't say that any order passed by a Qazi is binding on all. Our sole motto is to resolve a matter with the consent of two parties involved in accordance with sharia." 

Khalid Rasheed Farangi, a Muslim cleric, said that under the Constitution, Muslims have the right to work and act according to Muslim personal law. 

"Indian Constitution has given us the right to act and work according to our Muslim personal law. 
"One must also keep in mind that Sharia Application Act, 1937, has very clearly said that in those cases in which both parties are Muslims and the matter is related to nikaah, talaaq, zihar, lian, khula and mubaraat, the decisions will be taken in the light of the Muslim personal law," he said, adding that the verdict needs to be studied properly before a final statement can be given. 

Maulana Mohammad Sajid Rashid, president of Kul Hind Imam Association, said the plea filed in the apex court is itself wrong as it is a religious matter. 

"If a person is practising a religion, he/she has to follow its preachings. A Muslim who does not follow the sharia is not a true Muslim," he said. 

Maulana Anisur Rehman, member of Imarat Shariah, Patna, however, agreed with the apex court ruling, saying that the judgment is not wrong and it is not going to hinder the functioning of sharia courts. 
"For arbitration, when two parties or people consensually approach the sharia court, it is lawful. The Supreme Court is not wrong, but I need to go through the entire verdict properly," he said. 

Disapproving of a sharia court issuing fatwa and order against a person who is not before it, the Supreme Court on Monday said it has no sanction of law and no legal status. 

http://timesofindia.indiatimes.com/followceleb.cms?alias=Supreme Court Ruling on Sharia Courts,Supreme Court,Sharia courts,Muslim Personal Law,Muslim Clerics on Sharia Courts

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