India: Sharia Law Questioned AG Noorani

In an article “Hindutva’s stick” AG Noorani wrote a lot of fascinating things about Indian Personal Laws,  and I am focusing on the Sharia aspect of it, as I had written similar sentences in another article, both are presented here.

“The real issue is not the civil code. It is reform of Muslim Personal Law, which flagrantly violates the Sharia, the law ordained by the Quran. The perverted law now in force is oppressive to women, specifically the arbitrary triple divorce and polygamy. It is not Sharia that is followed in this but the “Anglo-Muhammadan” law of British times. The All India Muslim Personal Law Board is in the grip of dinosaurs. A besieged community is a conservative community. It clings to what is left of its identity. Since Independence, the Muslim community has been exploited either by the “sarkari musalman” who acts as adalal (agent) between the state and the country’s Muslims, the quintessential Uncle Tom, or the reactionaries who control the board or the bogus secularism of some “secular” parties.”

Jawaharlal Nehru had to wage a battle within his own party, the Congress, against Hindu communalists. Muslims witnessed his helplessness, suffered in the never-ending riots, saw the erosion of constitutional safeguards and the attacks on Urdu, and faced the wrath of the rising forces of Hindutva. They withdrew into their own suffocating shell. The nation is poorer for that.

The issue, then, is the reform of Muslim Personal Law. Pressures for its abrogation by the uniform civil code retard the progress for reform. Professor J.N.D. Anderson noted: “It is the family law that has always represented the very heart of the shariah, for it is the part of the law that is regarded by Muslims as entering into the very warp and woof of their religion.” It has been “basic to Islamic society down the centuries”. This was why in 1931 the Congress Working Committee declared that “personal laws shall be protected by specific provisions to be embodied in the Constitution”. Nehru assured Mohammad Ali Jinnah, in a letter dated April 6, 1938, that the Congress had “declared that it does not wish to interfere in any way with the personal law of any community”. Law Minister G.S. Pathak said in the Lok Sabha on May 17, 1966, that “personal laws are mixed up with religion” and that “we cannot coerce people to accept our views about their religion and customs”. Earlier, a similar assurance was given in the Lok Sabha by Law Minister A.K. Sen on August 29, 1963.”

The full article is at: http://mikeghouseforindia.blogspot.com/2015/11/hindutvas-stick-against-muslims.html

My note as preface to the article Muslim women facing arbitrary divorce at http://sharialaws.blogspot.com/2015/10/muslim-women-facing-arbitrary-divorce.html

There is God's (Quranic) Sharia which is just and equitable, and there is man's sharia which is selfish and cruel.

In case of a divorce, the Quranic Sharia calls for separation for at least three months, while making efforts to reconcile the differences, if reconciliation is not possible then comes the divorce, where the man takes full responsibility for child support and alimony if the woman has no other source of income.God's law is common sense. (Genesis of Sharia Law)

However, what Muslims have been practicing is Man's (Male's) Sharia, believing that it is the divine law, and it is not. It is misogynistic and does not care about woman. The guy can say the word divorce three times, and the life that was built over a life time can be done away in a minute. Women constantly live in the fear of this ugly pronouncement and it is not acceptable. No human should live in apprehension, particularly the married women in a society where the are dependent.

This has got to go, unless we are just to fellow beings, our spiritual growth is incomplete. Being just amounts to being Godly or being spiritual or achieving Taqwa.

Thanks God for giving courage to Muslim women in India to take the bold step of calling to get rid of this ungodly law.
Dr. Mike Ghouse is a community consultant, social scientist, thinker, writer and a speaker on Pluralism, Interfaith, Islam, politics, human rights, foreign policy and building cohesive societies. Mike offers pluralistic solutions on issues of the day. More about him in 63 links at www.MikeGhouse.net and his writings are at TheGhousediary.com  

Muslim women facing arbitrary divorce under Sharia Law

There is God's (Quranic) Sharia which is just and equitable, and there is man's sharia which is selfish and cruel.

 

In case of a divorce, the Quranic Sharia calls for separation for at least three months, while making efforts to reconcile the differences, if reconciliation is not possible then comes the divorce, where the man takes full responsibility for child support and alimony if the woman has no other source of income.God's law is common sense. (Genesis of Sharia Law)

 

However, what Muslims have been practicing is Man's (Male's) Sharia, believing that it is the divine law, and it is not. It is misogynistic and does not care about woman. The guy can say the word divorce three times, and the life that was built over a life time can be done away in a minute. Women constantly live in the fear of this ugly pronouncement and it is not acceptable. No human should live in apprehension, particularly the married women in a society where the are dependent.

 

This has got to go, unless we are just to fellow beings, our spiritual growth is incomplete. Being just amounts to being Godly or being spiritual or achieving Taqwa.

 

Thanks God for giving courage to Muslim women in India to take the bold step of calling to get rid of this ungodly law.

 

Mike Ghouse
www.ShariaLaws.com

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SC concerned over Muslim women facing arbitrary divorce

October 29, 2015 in Home Slider, Indian Muslim, Women | 0 Comment | http://muslimmirror.com/eng/sc-concerned-over-muslim-women-facing-arbitrary-divorce/

  

Photo: asianews.it

New Delhi, Oct 29 : The Supreme Court has expressed concern over Muslim women facing arbitrary divorces and second marriages of their husbands even as their first marriages were subsisting.

Expressing concern on the issue of “gender discrimination… which concerns the rights of Muslim women”, the apex court bench of Justice Anil R. Dave and Justice Adarsh Kumar Goel said the issue of rights of Muslim women against arbitrary divorce surfaced number of times but was not addressed.

The court said in its judgment pronounced on October 16 that there was no safeguard “against arbitrary divorce and second marriage by her husband during currency of the first marriage, resulting in denial of dignity and security to her”.

The apex court said this while noting the submissions made by lawyers on the question whether the Hindu Succession (Amendment) Act, 2005 would have retrospective effect.

Directing for a separate public interest litigation to address the issue, the bench issued notice to the Attorney General and National Legal Services Authority, returnable on November 23.

Issuing the notice and directing for the registration of the PIL, the court said, “Although the issue was raised before this court in the case of ‘Ahmedabad Women Action Group vs Union of India’, this court did not go into the merits of the discrimination with the observation that the issue involved state policy to be dealt with by the legislature.”

The court judgment noted that it was observed that the challenge to Muslim Women (Protection of Rights on Divorce) Act, 1986, was pending before the Constitution Bench and there was no reason to multiply proceedings on such an issue.

The court noted that the matter needed consideration by the apex court as the issue related not merely to a policy matter but to the fundamental rights of women under Articles 14, 15 and 21 and international conventions and covenants. —IANS

Lesbian Rabbi Stands Up FOR Sharia Law

Rabbi Nafshi, thanks for standing up for the rights of others,  that is the right thing to do, and this Muslim and many more Muslims will stand up for your rights, the human rights of GLBT community in the pursuit of their happiness.  God's Sharia is not against you, but the man-made Sharia is, we see it practiced  in Saudi Arabia, Iran, Sudan and Afghanistan, but not in 50 other Muslim states.

There is a great need for Americans to learn about it, the folks like Tea party folks don't use their own mind, and are driven by a few hate mongers who has everything to gain.  Here are two articles Genesis of Sharia Law and Fixing Sharia Laws at www.ShariaLaws.com that will give you a better understanding of the Sharia Law in our context, as it can be applied here in the United States.

Mike Ghouse
www.ShariaLaws.com 
www.WorldMuslimCongress.com
www.MikeGhouse.net
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Lesbian Rabbi Stands Up FOR Sharia Law
 Posted on Monday, December 8th, 2014 at 12:15 AM.

http://www.teapartycrusaders.com/commentary/lesbian-rabbi-stands-sharia-law/

by: Commentary Editor

By Ben Barrack

If there is one group of people that would be put at the top of the list of Sharia law advocates for punishment, it would almost certainly be lesbian Jewish Rabbis like Robin Nafshi. Yet, in what can only be described as a case of Stockholm Syndrome on steroids, Nafshi is standing up for Sharia law. In so doing, she’s fighting for her own extermination.

In an op-ed that appeared in the Concord Monitor, Nafshi writes:

As the leader of a religious community with a wide range of political views, I am always cautious when speaking out on partisan issues. But sometimes, I must. Now is that time.

On Sept. 20, the delegates of the New Hampshire Republican Party adopted a Platform of Republican Principles. It contains 83 bulleted goals. Number 83 reads as follows:

“Take any and all actions possible to protect against the implementation of any part of Sharia law in New Hampshire, including legislation outlawing Sharia law.”

Sharia means “the way” in Arabic, and Sharia law guides all aspects of Muslim life, including daily routines, familial and religious obligations, and financial dealings. It is derived primarily from the Quran and the Sunna – the sayings, practices and teachings of the Prophet Mohammed.

Sharia law for Muslims is quite similar to Halakhah for Jews. Halakhah means “the way” in Hebrew and it guides all aspect of Jewish life, including daily routines, familial and religious obligations, and financial dealings. It is derived primarily from the Hebrew Bible and the Talmud – the sayings, practices, and teachings of the early Jewish Rabbis.

Why has the Republican Party singled out Sharia law? Why doesn’t it seek to protect against the implementation in New Hampshire of any part of Halakhah, or for that matter, Roman Catholic Canon Law?

Because the New Hampshire Republican Party and other states that have sought similar bans are playing off of what they believe to be a growing fear in this country. We live in a difficult time, historically. Extremist Muslims – a very small percentage of the overall Muslim population – have hijacked a peaceful religion and perverted it into something narrowly construed and intolerant of the West, Jews, Israel, democracy, women’s education and more.

The politicians who endorse anti-Sharia laws are exploiting Americans’ legitimate fears of ISIS, al Qaida, Hamas and other extremist groups in order to ostracize and discriminate against the American Muslim community.

As the stealth jihadists no doubt laugh their heads off (pun intended) at the level of sheer ignorance displayed by Nafshi, she fails to understand that not only is she advocating for her own destruction but in so doing, she’s facilitating it. In fact, those whom she chides for being opposed to Sharia law are further down on the list of candidates to be subjected to that law.

To use a fattened calf metaphor, in such a case the farmer has to provide the feed, the facilities, the care and ultimately slaughter said calf, which is an unwilling participant.

In the case of Nafshi, as the figurative calf, she’s doing all that for the farmer while also fighting off predators that would kill her, not to protect herself but to save herself for the farmer.

Muslims are ANGRY at Texas Mayor After She Stops “Sharia Court”… Here Is Her EPIC Response!

First of all, Jews News is a gossip magazine, equivalent of National inquirer, creating sensationalism. Look at the header itself, it is a dead give away.

Muslims like all Americans have the right to protest it.

We should not have called it Sharia Court, instead it should have been called Sharia counselling Center... exactly the same as Jewish counselling center with the same purpose. More about it by Robert Hunt at http://www.patheos.com/blogs/roberthunt/2015/03/anti-semitism-raises-its-ugly-head-in-irving-tx/

We failed to articulate the difference between Public and Personal Sharia and its effects. More about it at: http://sharialaws.blogspot.com/2013/02/genesis-of-sharia-law.html

I am completely out of time, if not, I would go and speak the council, it is a redundant item.

Mike Ghouse
www.ShariaLaws.com

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Courtesy of Jews News

This radical group of Muslims is not pleased with the Mayor of Irving, Texas after she put the end to America’s first “Sharia Court.” Mayor Beth Van Duyne has accused mosque leaders of creating separate laws for Muslims, which is why the city voted to stop these supposedly “voluntary” tribunals from operating.

In a very close 5-4 vote, the city of Irving ruled to back the Texas state bill banning foreign law from the state. The bill doesn’t mention Sharia or any religion, but it’s a huge defeat for Sharia supporters, as such courts are in violation of the U.S. Constitution.

All four of the “voluntary” court’s lawyers were unlicensed in the state of Texas, a third degree felony. Mayor Beth Van Duyne received several phone calls on the matter. It seems that the Islamic Tribunal not only was unlicensed, but they failed to notify the city of their illegal court being operated in city limits. She promised to get to the bottom of it, and she did.

By their own website’s admission, if U.S. law conflicts with Sharia law, “we follow Sharia law.” It also openly admitted separate rules for men and women in their proceedings, discriminating and humiliating women which is against the U.S. Constitution. The Islamic Tribunal also openly declared that they hope [this] will “set a precedence that will be emulated and duplicated throughout the country.”

via Mad World News

Here is how Mayor Duyne responded on Facebook, before the historic and controversial vote:

And while Muslims filled the city council hearing to voice their opposition, the Mayor shot back:

“This bill does not reference Shariah, Islam or even religion. It has nothing to do with preventing any tribunal,” Van Duyne told the crowd. “Why anyone would feel this is hatred or bigotry is absolutely beyond me.”

Good for Mayor Van Duyne! The legal system from the Islamic faith is incompatible with civilized Western cultures. To have anyone in America abiding by Sharia law is a dangerous precedent, which is why the city moved swiftly to outlaw the practice. No one is above the law!

FOR THE ENTIRE ARTICLE CLICK LINK