and this so-called ‘Shariah’ is the Islamic Law…so peaceful and full of justice!!
this is the same law where a raped woman is stoned to death for the crime of “zina” if she cannot provide four male witnesses against the rapist and who actually saw her being raped(poor shariah does not realize that if those 4 noble males were present at that time, there wouldnt be a rape case!
clap clap clap the shariah law really deserves an applause for being so smart and just!
poor woman, first she is raped and then she is forced to break her family by leaving her husband…This is justice for Muslim women in the so-called Islamic world..sigh
More like Hindus in India bandying about stupid fatwas (which had been refuted by the mainstream Muslim organizations) as proof of how “evil” Islam is.
All muslim organizations demand the death penalty for the rapist. The local tribal council ruled that the woman must marry her rapist, but this is not according to Sharia and all Muslim organizations agree with that.
The business about not being able to stay married to the father comes from the illterate Deobandi(Wahabi) interpretation. The All India Personal Law Board (who run the Sharia courts) simply dismiss this interpretation.
She probably approached the secular courts on behest of activists, however she was quoted as saying she will abide by Shariah. In this case, the end result will probably be the same, never mind the hoopla raised by bigots.
Then comes the role of some religious people to unintentionally fuel anti-Muslim media. A Noida-based Urdu newspaper, Rashtriya Sahara, asked the mufti in India’s premier Muslim seminary, Darul Uloom Deoband, to give his opinion.
The mufti, Maulana Habibur Rahman, without ascertaining the facts of the case or going to the area or sending someone there to find out the truth, issued a fatwa on June 25, saying Imrana “is now haram (forbidden) for her husband and should leave him”.
“We have obtained a copy of this fatwa and asked Mufti Habibur Rahman certain questions. He was unable to counter our argument that the Qur’anic injunction (“And marry not women whom your fathers married…” 4:22) does not apply here,” says this correspondent.
"The mufti gave us some references to support his view but when we read them, they did not seem to support the mufti’s interpretation which is the opinion of some Hanafi fuqaha (scholars) who consider rape also as a cause for prohibiting such marriages.
“We confronted the mufti again. This time he referred us to another maulana who, he said, was present in the meeting when the decision was taken. We asked him, why should we go to someone else when he (Mufti Habibur Rahman) had signed the fatwa. Seemingly he was not pleased with our argument and asked us to write down whatever “problems” we had in mind. We did this promptly and are still waiting for his reply.”
Other schools of thought like Shafi`i, Maliki, Jaafari Shia and Ahl-e Hadees reject this interpretation, as they hold that only legitimate marriage is meant in the Qur’anic injunction and a crime does not change the rule.
Just one day after our interaction June 29, the mufti’s office announced Friday, July 1, that the previous fatwa was not about Imrana, which is factually incorrect. While the name “Imrana” is not mentioned in the question to which the fatwa was given, her village and district are mentioned. Moreover, the July 3 issue of Rashtriya Sahara Urdu newspaper carries an article by Mufti Habibur Rahman which explicitly mentions the name of Imrana and pronounces the same opinion he earlier expressed in his fatwa.
The All India Muslim Personal Law Board, too, has now distanced itself from that fatwa and will soon reconsider the issue, says IOL correspondent.
Yeh, I don't see why she is unlawful to her husband after being raped by FIL. It was rape, not consentual sex. Forcing her to divorce her husband and break up a family would be inhumane.
Other schools of thought like Shafi`i, Maliki, Jaafari Shia and Ahl-e Hadees reject this interpretation, as they hold that only legitimate marriage is meant in the Qur'anic injunction and a crime does not change the rule.
In that article you posted up, it just says that this maulana went with this interpretation, and that maulana goes with that interpretation.
I'm asking for actual references.
If there is no hadith on a case where a woman is raped by her FIL, then case shut. You can't take her away from her husband.
Logically speaking - we've already argued on this forum that rape is not the same as marriage. The ayah refers to marriage. Don't marry the ones your father married, essentially. Rape is different.
I agree, rape is different. So does the All India Personal Law Board. It was this one ignorant Mullah from deoband who stated this, and when challenged (as the author of the article did) to provide evidence for his fatwa, he simply got angry and told the questioner to go talk to some other Mullah.
The bottom line is, there is NO reference to support the view that the rape victim has to leave her husband because her father-in-law raped her. Such a position is baseless and ignorant.
Can’t you just see ? why bbc and other websites are covering this sansational news story to represent islam’s devine system of justice :halo:
That verdict is not accroding to any religious law it is just the ignorant and illiteragte people who gave their opinion and in their opinion they thought it is according to sharia …
Like tons of people in Pakistan believe that Hudood ordinance is purely based on Islamic sharia and people who think Karo kari is the best justice on face of earth …
Pleasae read my post # whatever
there is only one other post in this thread
part of the high-publicity was the fact that clerics of the Deoband (the face of India’s muslims) were making such statements…and whatever you may think of them, they are still seen as highly-respected scholars.
Again, read the article above. There was A scholar from Deoband who allegedly issued a fatwa, but as it turns out he neither investigated the case, nor are there any other scholars there willing to back his position. Indeed, he even refused to defend his own position!
Part of the media-hype was even claiming a fatwa was issued, when in fact none had been.
Needless to say, the All Indian Muslim Personal Law Board is the opinion that counts.
Come to pakistan I will take you to the most elite clerics of PAkistan who deem Hudood ordinance to be the most accurate translation of Islamic law on the issue of rape and adultry , and they will declare you kafir if you think otherwise … yet they will be mum if asked a simple technical question regarding several loop holes in these laws. These clerics are not different
Hindu culture, practice is no different, there is so much ignorance in India and Pakistan. You can’t imagine it.
um…there have been hundreds of articles on this. i didnt even read the article posted in this thread, so i’m not referring to whoever that guy is. there were many various deobandis and local mullahs voicing their agreement…not just one guy.
your source is bogus… nobody has reported that this story is all BS except some random guy from IslamOnline. just because some mullahs might backtrack on their comments doesn’t mean they can erase the past.
They say ignorance is bliss, but when it supports your own bias I suppose it’s double. There were no doubt hundreds of articles on this, all opinionated nonsense from the Hindu media. Not one of them bothered to issue a correction that in fact a fatwa was not given, but rather an opinion was solicited and given. The person who issued the “fatwa” was not even aware of the details of the case…
There were not various deboandis and local mullahs giving this argument, it was the one “fatwa”, or the one man’s opinion, and everyone rallying around him without even considering what he said.
The source went straight to the Mullah and questioned him. I would argue that your other sources (we are talking about Indian media here!) are all garbage as they didn’t even do that much! You may not like IslamOnine, the fact is they scooped all other media outlets, or at least asked the right questions to the right people.
You can call it BS all you like, but that’s just your own bigoted desires overwhelming your senses.
it is just the ignorant and illiteragte people who gave their opinion and in their opinion they thought it is according to sharia …