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2/15/2007 - A Law Unto Themselves: The Imrana Rape Case and Islamic Courts in India by Richard D. Connerney

ICWA RDC SOUTH ASIA Richard Connerney Phillips Talbot Fellow studying influence impact religion Indian society letters Since Institute Current World Affairs Crane Rogers Foundation providedlong fellowships enableoutstanding young professionalsto outside United States write about international areas issues An exempt operating foundation endowedby Charles R Crane Institute supported bycontributions minded individuals foundations TRUSTEES Bryn Barnard Joseph Battat Carole Beaulieu Mary Lynne Bird Steven Butler Peter Geithner Gary Hartshorn Pramila Jayapal Cheng Li Dasa Obereigner David Z Robinson Carol Rose John Spencer Edmund Sutton HONORARY TRUSTEES David Elliot David Hapgood Pat M Holt Edwin S Munger Richard H Nolte Albert Ravenholt Phillips Talbot A Law Unto Themselves The Imrana Rape CaseAnd Islamic Courts India By Richard D Connerney February On June Imrana Ilahi young woman Sometimes secret pride I small village Western Uttar Pradesh allegedly raped father As Muslim To think tolerant I Then wonder which really Imrana husband chose Tolerance rubber spine refer local council panchayat elders Ogden Nash1 gious leaders The village after careful consideration evidence light Islamic shari ruled Imrana could prove without presenting witnesses Moreover admitted extra marital marriage bonds between husband longer valid should instead offending father husband When decision reached nearby Daru Ulum Islamic seminary Deoband resident muftis Islamic jurists issued legal decision fatwa agreeing panchayat Imrana should sever relations husband father alleged rapist The Imrana caused furor India The newspapers letters angry confused readers every political spectrum How could person conclusion Did Islam really condone behavior Imrana decision result fantastic misinterpretation Many people expressed exasperation Islamic courts India itself Why secular nation allow religiously inspired courts operate within borders The verdict Imrana traces events AD The Prophet Muhammad political religious leader Arabian Medina turning battle pagan tribes Mecca His young bride Ayesha lagged behind during retreat spend night desert company young soldier When returned Medina people alleged soldier improperly toward Ayesha during their camping Nash Ogden Candy Dandy The Best Ogden Nash Andre Deutsch London For information Daru Ulum history Deobandi thought Met Barbara Daly Islamic Revival British India Deoband New Delhi Oxford University Press The hadith claims Muhammad married Ayesha years consummated marriage Notably these troubling figures included orthodox hadith Al Bukhari although missing earliest extant biography Prophet Sirat Rasul Ibn Ishaq urged The Prophet punish Soon thereafter Ko records Gabriel visited Muhammad revealed passage found chapter verse Koran Why produce witnesses Since produce witnesses verily liars sight Allah Many schools Islamic jurisprudence proving requires least witnesses Less clear Islamic courts would suggest Imrana father though passing father exist Koran Hadith In AD The Prophet Muhammad Zeineb adopted Zeid The obedient Zeid forfeited Muhammad initially refused thinking marrying would violate Arabic taboo against marrying daughter The angel Gabriel again appeared confusion revealing chapter verse Koran We marriage henceforth there believers respect wives adopted Some schools Islamic jurisprudence interpret story under certain circumstances brides remarry within nuclear family Thus Imrana decision followed logic although significantly orthodox Islamic thought probably would reached clusions I still couldn fathom dated concept justice could persist described secular nation India The Imrana verdict violated people beliefs about equality menand women Moreover followed different standard admissible evidence compared Western Indian criminal courts After expect witnesses forward prove ignores nature crime which usually takes place secret Moreover requirement discounted contributions modern criminal science The angel Gabriel I suspect notfullyunderstandthevalueofforensicandDNAevidence revealed verse Two Interviews Islamic Judges To sense Imrana I spoke Vice President All India Muslim Personal Law Board AIMPLB Sayed Kalve Saqid office Unity College Campus Lucknow The AIMPLB supreme authority Muslim judici system India oversees village Islamic judge decisions Deoband seminary When I interviewed Mr Saqid Imarna reached AIM PLB never would possibility remained board would overturn decision muftis Before I about AIMPLB Imrana however Mr Saqid wanted about trouble American immigra office The American government recently entry United States Mr Saqid thought terribly unfair I visited America forty times before I never trouble Why Mr Saqid I asked possible something might angered American government No impossible answered In years I Shiite conference America treated The police protec matter I about Mr Saqid problems US government almost everybody Lucknow His woeful account alleged harassment US immigration officials received great tention The Times India In before start Iraqi War Mr Saqid allegedly painted American British Israeli flags doorstep Great Imamabara century Muslim shrine Lucknow biggest tourist attractions The flags position forced everyone entering Great Imambara foreigners included Since Ameri government refused grant without saying exactly I understand Mr Saqid failed mention incident point interview Afraid raising possibly touchy subject I comments Instead I asked about Imrana Mr Sadiq decision muftis Deoband rested particular school Islamic jurisprudence Hanifite which seminary Deoband Imrana village Pickthall Marmaduke The Glorious Koran New York New American Library Imrana father reportedly proposed marriage allay shame adultery She refused See xxxiii verse Koran Pickthall Marmaduke The Glorious Koran The interview place July RDC subscribed While Shiite found ruling disturb contrary interpretation Islam recog nized muftis right according their tradition If would according Hanifite jurisprudence according conscience His comment raised another confusing aspect Islamic courts India The AIMPLB simply oversee single system Islamic judicial thought rather number different ideas justice including various schools traditional Islamic Shiite thought This judicial chaos reason Indians recently called system religiously specific judicial legislation question In Imrana scandal Indians demanded uniform civil Indians regardless religion I asked Mr Saqid about impact Imrana issue Uniform civil exclaimed No written uniform civil anybody opinion about So necessarily opposed uniform civil If somebody write uniform civil logical sense I would objection Even contradicted Shari I asked It could contradict Shari soned Shari justice system could contradict Although question Mr Sadiq present cogent argument favor Muslim Personal Law India circumvent backlog cases civil family court He noted In judicial system cases judges Cases especially civil cases could years decades receive hearing The Muslim courts allowed divorce inheritance cases reach timely conclusion usually months rather years Without Islamic courts people would never justice variety Later Mr Sadiq again brought US Immigration office asked should American I I about US immigration policy reiterated I writer connection American government He would subject however I finally mentioned flags painted doorstep Great Imambara wondered aloud problems might related Mr Saqid thought moment Actually nephew When I found about I mistake The faces George Bush Ariel Sharon would flags mistake H delivered panegyric American people expressing admiration their control after attacks their judgmental attitude toward Muslims Unity College receives donations America I Jew He California I Jew Solomon something I never Jew Nevertheless sends donations Mufti Muhammad Bashir mufti Supreme Court Islamic Shari states Jam Kashmir shared Mr Saqid views Muslim Personal Law At office fatwa house The doorway Great Imambara monument Nawab Ausuf dowlah ruler Lucknow At start Iraqi War somebody reportedly Mr Saqid nephew painted American British Israeli flags doorstep requiring visitors including foreign tourists The interview place January INSTITUTE O F CURRENT WORLD AFFAIRS decisions Srinagar Mufti Bashar expert Hanafite Law claimed Shari defame women He defended practice triple talak divorce which Muslim divorce repeating talak divorce three times although added personally found practice repugnant Still legal opinion practice dated first Caliphs stood unassail grounds In Kashmir Mufti Bashar Islamic courts issued decisions usually three months after plaintiff filed complaint Compared years divorce inheritance often through civil courts Islamic courts extremely efficient On subject uniform civil India mufti plained criminal India followed secular Indi Penal Code Islam rules murder theft still Muslims India follow Indian Penal Code criminal Cannot rules customs civil matters But problem Imrana I asked It would criminal under Indian Penal Code Islamic judges considered matter adultery marriage problem because produce witnesses Mr Bashar immediately distanced himself Imrana decision saying under stand She either compelled against agreeable father In former instance should allowed husband later guilty But without evidence admissible shari convict father terrible crime Later mufti brought Mufti Bashar kindly close trimmed beard asked about America family education He asked I Koran Cover cover I Then accepted Islam asked It final revelation God Sure I Jeez I holding The Future Islamic Law India On August Indian Supreme Court agreed challenge constitutionality parallel judiciary system represented AIMPLB Those favor uniform civil uphill battle howev The ruling center Congress Party tolerated defended retention separate judicial systems since Independence Meanwhile BJP right Under Hanifite Muslim pronounces triple talak marry unless married another consummated union divorced second husband The injunction rests verse Koran And divorced third lawful thereafter until wedded another husband Then other usband divorce together government which adopted cause uniform civil unable headway toward creation during tenure The positions political parties issue little sense The Congress Party leadership often claims champion secularism while people think BJP Bharatiya Janata Party party inspired Hindu ideology On issue however roles versed As anonymous commentator recently remarked Thus India there exists peculiar situation where opponents secular called Secular while those favour secular termed communalists fascists Many Indians I spoken still favor munal courts often positive aspects Muslim Personal Law The muftis Deoband AIMPLB after always reach jarring conclusions Imrana In instances Muslim Personal Law appear progressive It might relevant point limits legal judicial discourse UCC uniform civil become apparent recognizes there hardly discussion debate those areas MPL Muslim Personal Law might considered progressive proviso inheritance A Muslim woman right parental property A married woman inherits husband property entirety absence children otherwise shares children I wonder author definition progressive however Muslim Personal Law rests certain texts Islamic jurisprudence which stand older texts which their foundation Koran Hadith While theory Islamic legal thought could adapt modern social conditions practice extremely There nothing theory Islam force principle blind imitation Mus In political other causes still consider themselves bound older views while letter allows liberty develop their system jurispru dence Therefore legally mujtahid reformer present wrong practical difficulty however there chance anybody being recognized today remains Unless taken shari remain fossil Islamic courts ossified institution bound tradition incapable reform In Islamic courts never supposed survive century India first place At independence Muslim courts remained temporary institution until uniform civil became available Article Indian constitution lists uniform civil goals Indian government The State shall endeavor secure citizens uniform civil throughout ritory India Since Independence however progress scant despite popularity Some polls percent Indians support uniform civil Islamic courts anytime however A functioning uniform civil would require first group brilliant jurists author agreeable every religious group subcontinent gargantuan difficult Second would require overall retooling civil courts family cases reached conclusion within reasonable As divorces continue decade their through Indian court system lawmakers hesitate approve uniform civil Indian legislature Although defended grounds tolerance Muslim courts actually worsen communal tions rather improve Hindus which purposes Indian personal includes Buddhists Jains Sikhs Muslims Christians follow different legal customs strictures related inheritance marriage divorce inevitably creates friction between communities Sonu Hindu business owner Goa remarked recently If I divorce I through years annoyances If Muslim wants divorce month How Muslim unique right divorce their wives unilaterally ability marry Hindus Sonu perceive these differences family personal great injustice Thus expression tolerance produced intolerance between religious munities instead When ruling Congress Party invokes tolerance reason accept communal courts promote outdated theories justice sounds Indian voters excuse moral feebleness Times India Lucknow Edition SC Alarmed Shariat courts Brass Paul The Politics India Since Independence C ambridge Cambridge University Press wikipedia uniform civil Divorce Remarriage among Muslims India Imtiaz Ahmad Delhi Manohar Muslim Divorce Discourse around Muslim Personal Law Geetanjanli Gangoli Pg Fyzee Asaf A A Outlines Muhammadan Law Delhi Oxford University Press Jain M P Outlines Indian Legal History Delhi Wadhwa Times India Public Opinion Favors Uniform Civil Code June RDC INSTITUTE OF CURRENT WORLD AFFAIRS INSTITUTE OF CURRENT WORLD AFFAIRS Current Fellows their Activities Richard D Connerney INDIA January A Phillips Talbot Fellow Rick studying writing about intertwining religion culture politics India Rick former lecturer philosophy Asian religions Rutgers University Iona College He holds bachelor degree Wheaton College master degree University Hawaii religion Kay Dilday FRANCE MOROCCO October Kay studying relationships French North African immigrants France North Africa A former editor New York Times Op Ed Kay holds master degree comparative international politics theory Graduate Center City University New York bachelor degree English literature Tufts University graduate Universiteit Amsterdam Netherlands Cours Civilisation Sorbonne Suzy Hansen TURKEY March Suzy writing about politics religion Turkey A former editor New York Observer appeared Salon New York Times Book Review Nation other publications She graduated University Pennsylvania Nicholas Schmidle PAKISTAN February Nicholas freelance writer interested intersection culture ligion Asia He Pakistan ICWA fellow examining issues ethnic sectarian national identity Previously reported Central Asia Iran His published Washington Post Weekly Standard Foreign Policy Christian Science Monitor elsewhere He holds master degree International Affairs American University Raphael Soifer BRAZIL May An actor director playwright musician theatre educator Raphi Soifer Donors Fellow studying participant observer relationship between social change communities throughout Brazil He worked performer director United States Brazil taught performance prisoners underprivileged youth through People Palace Projects Rio Janeiro Com munity Works San Francisco He holds bachelor degree Theatre Studies Anthropology Yale University Andrew J Tabler SYRIA LEBANON Februar Andrew ICWA fellowship bases Beirut Damascus where reports Lebanese affairs Syrian reform He lived studied worked Middle East since Rotary Foundation Ambassadorial Fellowship enabled begin Ara language studies toward master degree American University Cairo He editor Middle East Times Cairo Times before moving Turkey Lebanon Syria while worked senior editor Oxford Business Group correspondent Economist Intelligence Unit In Andrew founded Syria Today Syria first independent English language magazine He contributed opinion columns Syria The New York Times International Herald Tribune Institute Fellows chosen basis character previous experience promise They young profes sionals funded spend minimum years carrying signed programs study writing outside United States The Fellows required report their findings experiences field month They canwrite subject asformally informally asthey The result unique reporting analysis periodic sessment international events issues ICWA Letters ISSN published Institute Current World Affairs Inc exempt operating dation incorporated New York State offices located West Wheelock Street Hanover NH 03755 The letters provided charge members ICWAand available libraries professional researchers scription Phone Fax E Mail Web address Executive Director Steven Butler Program Assistant Publications Manager Ellen Kozak Institute Current World Affairs The Crane Rogers Foun dation The Information contained publication reprinted republished without express consent Institute Current World Affairs