Grace Mubashir | SabrangIndia https://sabrangindia.in/content-author/content-author-28338/ News Related to Human Rights Mon, 24 Feb 2025 09:02:08 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png Grace Mubashir | SabrangIndia https://sabrangindia.in/content-author/content-author-28338/ 32 32 Hizb ut-Tahrir: Radical thoughts influencing global mainstream politics – Part 1 https://sabrangindia.in/hizb-ut-tahrir-radical-thoughts-influencing-global-mainstream-politics-part-1/ Mon, 24 Feb 2025 09:02:08 +0000 https://sabrangindia.in/?p=40267 Its stated objective is the re-establishment of the Islamic Caliphate, which it sees as the only legitimate governing system for Muslims worldwide

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In a significant move against radical Islamist organizations, India recently banned Hizb ut-Tahrir (HT) under its anti-terror laws, citing national security concerns and the group’s alleged role in inciting extremism. The decision aligns with India’s broader efforts to curb radicalization and counter groups that challenge the nation’s constitutional framework. While HT has long claimed to be a non-violent political movement advocating for the revival of the Islamic Caliphate, its ideology and recruitment patterns have raised alarms worldwide, leading to its prohibition in several countries, including Germany, Russia, and many in the Middle East and Central Asia.

Main Points:

Hizb ut-Tahrir was founded in 1953 in Jerusalem by Sheikh Taqiuddin al-Nabhani, a scholar of Islamic jurisprudence and former member of the Egyptian Muslim Brotherhood

Hizb ut-Tahrir’s ideology is rooted in a strict interpretation of Islamic governance. It rejects nationalism, democracy, and secularism, advocating instead for the revival of a unified Caliphate under Islamic law.

Hizb ut-Tahrir remains one of the most enigmatic and controversial Islamist movements in the modern era. With a highly disciplined structure and a clear ideological vision, it has survived despite decades of repression.


Hizb ut-Tahrir (HT), an international pan-Islamic political organization, has long been controversial and debated. Established in 1953, its stated objective is the re-establishment of the Islamic Caliphate, which it sees as the only legitimate governing system for Muslims worldwide. While the group insists on non-violent means to achieve its goals, many governments have outlawed it due to its radical political ideology.

This article explores the origins, ideological framework, leadership perspectives, and legacy of Hizb ut-Tahrir, relying extensively on quotes from its leaders and publications.

Origins and Early History

Hizb ut-Tahrir was founded in 1953 in Jerusalem by Sheikh Taqiuddin al-Nabhani, a scholar of Islamic jurisprudence and former member of the Egyptian Muslim Brotherhood. Nabhani, disillusioned with what he saw as the secularization of the Arab world and the failure of existing Islamist movements, sought to create a political party that would focus on re-establishing the Caliphate as a comprehensive solution for Muslim governance.

Al-Nabhani emphasized that HT’s methodology was unique compared to other Islamic movements:

“We do not engage in practical politics in the sense of seeking power through participation in existing regimes. Our work is solely intellectual and political, aimed at changing the minds of the Ummah (Muslim community).”

From its inception, HT focused on recruiting members through intensive ideological training rather than mass activism. The party quickly spread to Jordan, Syria, and other parts of the Middle East, but it faced immediate repression from regional governments, many of which saw its calls for an Islamic state as a direct threat to their authority.

Ideological Framework

Hizb ut-Tahrir’s ideology is rooted in a strict interpretation of Islamic governance. It rejects nationalism, democracy, and secularism, advocating instead for the revival of a unified Caliphate under Islamic law.

The Role of the Caliphate

The Caliphate, according to HT, is the only legitimate system for Muslims because it is divinely mandated. The party argues that all Muslim-majority countries today suffer from “man-made” laws rather than divine rule, leading to corruption, oppression, and weakness.

As Abdul Qadeem Zallum, a later leader of HT, wrote:

“The Ummah has been living in darkness since the destruction of the Caliphate in 1924. Only by re-establishing it will Muslims regain their dignity and rightful leadership in the world.”

HT envisions a Caliphate that stretches across all Muslim lands, ruled by a single leader (Caliph) implementing Islamic law (Sharia) in all aspects of life—governance, economy, and society.

Rejection of Democracy

Hizb ut-Tahrir firmly rejects democracy, arguing that it is a Western-imposed system incompatible with Islam. In HT’s view, sovereignty belongs to Allah alone, not to the people.

Al-Nabhani argued in his writings:

“Democracy places legislation in the hands of humans, whereas in Islam, legislation comes only from Allah.”

HT considers electoral politics under secular governments to be illegitimate and sees participation in them as a betrayal of Islamic principles.

Opposition to Nationalism and the Nation-State

One of HT’s most distinctive ideological positions is its absolute rejection of nationalism. It views national borders in the Muslim world as artificial divisions imposed by colonial powers to weaken Islamic unity.

Zallum, elaborating on this point, stated:

“The so-called Arab world, the so-called Muslim world—these are colonial constructs. Our loyalty is to Islam, not to nations.”

This anti-nationalist stance has often put HT at odds with various governments that see national identity as crucial to their stability.

Methodology: Non-Violent but Radical

Despite its radical rhetoric, Hizb ut-Tahrir claims to follow a non-violent methodology. The group insists that it seeks to bring about the Caliphate through intellectual and political work, rather than armed struggle.

One of HT’s spokespersons stated:

“We reject terrorism and violence. Our method is one of ideological struggle, exposing the corruption of existing regimes and preparing the Ummah for Islamic rule.”

However, critics argue that HT’s rhetoric can inspire extremist violence by portraying secular governments as illegitimate and Western influence as a form of colonialism.

Hizb ut-Tahrir’s Global Expansion

Since its founding, Hizb ut-Tahrir has spread far beyond the Middle East. Today, it operates in over 40 countries, with strongholds in Central Asia, South Asia, and Europe.

Presence in the Middle East

HT’s attempts to gain traction in the Arab world have been met with repression. Many Middle Eastern governments, particularly in Egypt, Jordan, and Saudi Arabia, have outlawed the group and imprisoned its members.

Despite this, HT continues to have underground networks in many Arab countries, particularly in Syria, where it has attempted to influence Islamist factions.

Strength in Central Asia

HT has a significant presence in Central Asia, particularly in Uzbekistan, Kyrgyzstan, and Kazakhstan. The governments of these countries view HT as a major security threat, accusing it of attempting to radicalize the population and undermine state authority.

The Uzbek government has been particularly aggressive in cracking down on HT, imprisoning thousands of its suspected members.

Growth in South Asia

HT has made notable inroads in Pakistan and Bangladesh, where it has targeted the military and educated elites for recruitment. It has repeatedly called for a military coup in Pakistan to establish an Islamic state.

A prominent HT leader in Pakistan stated:

“The Muslim armies must remove the traitorous rulers and establish the Caliphate, for they hold the power to do so.”

This open call for military intervention has led to multiple government crackdowns on HT activities.

European Presence

HT has also gained a following in Western countries, particularly in the UK, where it has a visible presence in Muslim communities. While it is banned in Germany and Russia, it continues to operate legally in some Western countries under the banner of free speech.

HT’s European branches focus heavily on intellectual debates, organizing lectures and conferences that critique Western democracy and foreign policy.

Legacy and Controversy

Impact on Islamist Movements

Hizb ut-Tahrir has played a significant role in shaping Islamist discourse. While it has never succeeded in establishing a Caliphate, its emphasis on the unity of the Muslim world has influenced many contemporary Islamist movements.

Some jihadist groups, including al-Qaeda and ISIS, have been indirectly influenced by HT’s vision of the Caliphate. However, HT officially rejects these groups’ use of violence, creating a paradox where it shares a similar ideological goal but differs in methodology.

Government Crackdowns and Bans

Many governments view Hizb ut-Tahrir as a threat to stability and have banned it. Countries that have outlawed HT include: Egypt, Pakistan, Russia, Germany, China (particularly in Xinjiang, where HT is accused of inciting separatism)

Despite bans, HT continues to operate clandestinely in many of these regions.

Internal Challenges

HT has faced internal struggles, including leadership disputes and strategic debates over whether to engage with existing political structures or continue its purist approach.

Additionally, the rise of violent extremist groups has made it difficult for HT to maintain its image as a non-violent organization. Many view its ideology as a stepping stone to radicalization.

Hizb ut-Tahrir remains one of the most enigmatic and controversial Islamist movements in the modern era. With a highly disciplined structure and a clear ideological vision, it has managed to survive despite decades of repression.

While it has not achieved its goal of restoring the Caliphate, HT’s impact on Islamic political thought is undeniable. Whether it will ever translate its ideology into tangible political power remains to be seen, but its presence in global Islamist discourse is unlikely to fade anytime soon.

A Detailed Refutation of Hizb ut-Tahrir’s Ideology: Voices from Moderate Islam

Hizb ut-Tahrir (HT) presents itself as an intellectual and political movement dedicated to restoring the Islamic Caliphate. While it claims non-violence, its ideological underpinnings—rejection of democracy, nationalism, and participation in existing political systems—have made it a source of concern for governments and moderate Muslim scholars alike.

Throughout Islamic history, numerous respected scholars and leaders have espoused views that directly contradict HT’s core beliefs. This article presents a comprehensive refutation of HT’s ideology using insights from classical Islamic scholars, modern Muslim intellectuals, and contemporary political figures who argue for a more balanced and pragmatic understanding of Islam.

  1. The Misuse of the Caliphate: A Historical and Theological Perspective

HT’s Claim:

Hizb ut-Tahrir asserts that the abolition of the Ottoman Caliphate in 1924 marked the beginning of the Muslim world’s decline. It claims that re-establishing a centralized Caliphate is a divine obligation and the only solution to the problems faced by Muslims today.

“The Ummah has been living in darkness since the destruction of the Caliphate in 1924. Only by re-establishing it will Muslims regain their dignity and rightful leadership in the world.” – Abdul Qadeem Zallum, former HT leader

Refutation: The Caliphate is Not a Religious Pillar

Islamic scholars throughout history have debated the nature and necessity of the Caliphate. While governance in Islam is important, it is not one of the five pillars of Islam (Shahada, Salah, Zakat, Sawm, Hajj), nor is it a core tenet of faith.

1.1 Classical Scholars on the Caliphate

The famous Islamic jurist Imam Al-Ghazali (1058–1111) argued that the unity of Muslims is more about faith and moral values than a political structure:

“The welfare of the people is not dependent on the existence of one ruler or a single Caliphate, but rather on the just administration of affairs, ensuring security, and upholding the principles of Islam.” – Al-Ghazali, Ihya Ulum al-Din

Similarly, Ibn Khaldun (1332–1406), the great historian and sociologist, observed that political leadership in Islam evolved naturally over time and that power should be based on the needs of society rather than rigid historical models:

“The Caliphate as envisioned in early Islam was suitable for that time. Governance is shaped by economic and social conditions, and no single model can be deemed mandatory for all ages.” – Ibn Khaldun, Muqaddimah

1.2 Contemporary Scholars on the Caliphate

Renowned modern Islamic scholar Sheikh Yusuf al-Qaradawi (1926–2022) refuted the idea that a single political entity is necessary for the Muslim world:

“Nowhere in the Qur’an or authentic Sunnah is there a command that Muslims must have only one ruler. Unity in faith and cooperation in good deeds are required, but political unity under one state is neither a necessity nor a divine obligation.” – Yusuf al-Qaradawi

Even within early Islamic history, the concept of the Caliphate evolved and was never universally agreed upon. The Rightly Guided Caliphs (632–661) ruled differently from the later Umayyad and Abbasid Caliphs, demonstrating that governance structures changed according to circumstances.

The insistence on reviving the Caliphate as an obligation ignores both historical realities and Islamic jurisprudence. Justice, security, and good governance—rather than a single political entity—are the true Islamic ideals.

  1. Rejection of Democracy and Elections: A False Dichotomy

HT’s Claim:

Hizb ut-Tahrir rejects democracy, arguing that only divine law (Sharia) should govern Muslims and that elections under secular systems are illegitimate.

“Democracy places legislation in the hands of humans, whereas in Islam, legislation comes only from Allah.” – Taqiuddin al-Nabhani, HT founder

Refutation: Islam Encourages Shura (Consultation) and Public Participation

HT’s opposition to democracy stems from a rigid and literalist interpretation of governance. However, Islam itself encourages Shura (consultation), accountability, and public participation, all of which align with democratic principles.

2.1 Qur’anic and Hadith Evidence for Consultation

The Qur’an explicitly commands consultation in governance:

“And those who have responded to [the need for] their ruler with consultation among themselves, and who spend from what We have provided them.” – (Qur’an 42:38)

The Prophet Muhammad (PBUH) practiced consultation in state matters. He sought advice from his companions before major decisions, even when he had divine guidance. If democracy is about accountability and consultation, how can it be un-Islamic?

2.2 Statements from Muslim Scholars Supporting Democratic Principles

Muhammad Abduh (1849–1905), an Egyptian reformer, argued that democracy was in line with Islamic principles of justice and consultation:

“The essence of democracy—justice, accountability, and consultation—is what Islam calls for. The problem is not democracy itself but those who misuse power under any system.”

Similarly, Maulana Wahiduddin Khan (1925–2021), an Indian Islamic scholar, defended democracy by emphasizing that Islam is against dictatorship:

“A government chosen by the people and accountable to them is closer to Islamic values than authoritarian rule. Tyranny is haram, whether in the name of religion or secularism.”

HT’s rejection of democracy is based on a false understanding of Islamic governance. The Qur’an and Sunnah encourage consultation, participation, and accountability, all of which align with democratic principles.

  1. Nationalism and the Muslim Identity: A Misplaced Opposition

HT’s Claim:

HT rejects nationalism, claiming that it is a colonial construct that divides the Muslim Ummah.

“The so-called Muslim world—these are colonial constructs. Our loyalty is to Islam, not to nations.” – HT statement

Refutation: Islam Recognizes Diversity and Local Identity

HT’s rejection of nationalism contradicts Islamic teachings that acknowledge diversity and local identities as part of God’s creation.

3.1 Qur’anic and Prophetic Recognition of National Identity

The Qur’an states:

“O mankind, We have created you from a male and a female and made you peoples and tribes so that you may know one another.” – (Qur’an 49:13)

This verse clearly recognizes that different identities exist, and they are not inherently un-Islamic. The Prophet Muhammad (PBUH) himself acknowledged tribal affiliations but condemned racism and oppression.

3.2 Scholars on Nationalism and Islam

Muhammad Iqbal (1877–1938), a philosopher and poet of South Asia, argued that Islam could accommodate nationalism within a broader spiritual framework:

“Love for one’s country does not negate love for Islam. A Muslim can be a patriot without abandoning his religious identity.”

Similarly, Prince Hassan of Jordan, a modern Islamic scholar, stated:

“Islamic unity is a spiritual bond, but political unity is not always practical. A just ruler, whether in a Muslim-majority or non-Muslim state, is preferable to an unjust Caliph.”

HT’s rigid opposition to nationalism ignores Islamic teachings that recognize diversity and local governance. Unity in faith does not require the dissolution of nation-states.

Final Thoughts: The Way Forward

Hizb ut-Tahrir’s ideology is rooted in a selective and rigid interpretation of Islamic history, ignoring centuries of jurisprudential development and political realities. Scholars from classical to modern times have consistently advocated for justice, consultation, and adaptability, rather than an uncompromising, monolithic state.

The real challenge for the Muslim world is not the re-establishment of a Caliphate but the promotion of justice, education, and good governance. As the Qur’an states:

“Indeed, Allah commands justice, good conduct, and giving to relatives and forbids immorality, bad conduct, and oppression.” – (Qur’an 16:90)

A better future for Muslims lies in progress, knowledge, and ethical leadership, not in romanticizing a political model that no longer fits the modern world.

Grace Mubashir is a PhD scholar at Islamic Studies, Jamia Millia Islamia and a freelance journalist based at Delhi

Article was first published on New Age Islam

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Haleema Beevi: Pioneer of Social Reform and Broad-Based Muslim Education in Kerala https://sabrangindia.in/haleema-beevi-pioneer-social-reform-and-broad-based-muslim-education-kerala/ Wed, 15 Mar 2023 05:16:16 +0000 http://localhost/sabrangv4/2023/03/15/haleema-beevi-pioneer-social-reform-and-broad-based-muslim-education-kerala/ At a time when our society is again falling in the grip of conservatism, irrationalism and over-religiosity, we must remind ourselves of the work of Late Haleema Beevi, the first female journalist from Kerala.

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Haleema Biwi

At a time when our society is again falling in the grip of conservatism, irrationalism and over-religiosity, we must remind ourselves of the work of Late Haleema Beevi, the first female journalist from Kerala. She participated in social movements at a time when Muslim women had not yet joined the mainstream society. Haleema Beevi was Kerala’s first female newspaper editor. She became the first woman municipal councillor, Ernakulam DCC member, Travancore Vanita Samajam president and Travancore State Muslim League’s Thiruvalla Taluk Secretary.

Haleema Beevi is a symbol of women’s advancement in Kerala’s Muslim society. Halima Beevi is a unique female presence in the history of Kerala’s Renaissance and the history of Muslim religious reformation.

Haleema Beevi was born in 1918 to Peer Muhammad and Maiteen Biwi in an ordinary Muslim family in Atur, Kerala. At that time when Muslim girls were not used to going to school, Haleema Beevi studied in the school of Atur till the 7th standard. Halima Beevi got married at the age of 17. Her husband was KM Muhammad Maulavi who was a religious scholar and writer. This marriage was the turning point in Haleema Beevi’s life. Her husband Muhammad Maulavi was a disciple of Vakkom Maulavi who ran a magazine called Ansari. This is what motivated Haleema Beevi to turn to journalism.

Inspired by her husband, who was the editor of Ansari magazine, she launched ‘Muslim Woman Magazine’ in 1938 in her twenties from Thiruvalla. Halima entered the field of journalism as its editor. Later it was shifted to Kodungallur. She was its printer, publisher as well. Thus Halima Beevi made history as the ‘first Muslim woman editor’ in Malayalam. A weekly magazine named ‘Bharata Chandrika’ was started in 1946 by a few Muslim women under Beevi’s stewardship. After the Bharata Chandrika weekly received huge acceptance, they converted Bharat Chandrika into a daily newspaper in 1947 to give more strength to the reformist cause. Bharat Chandrika had an stupendous editorial board like Vaikom Muhammad Basheer, Vaikom Abdul khader and Vetur Raman Nair. Basheer’s ‘Nivalvelicham’, ‘Pathumma’s Goat’, and ‘Vishudraromam’ were first published in Bharat Chandrika. Prominent Malayalam litterateurs Ponkunnam Varki, Balamaniyamma, Changampuzha, S. Gupthan Nair etc. were the chief writers of Bharat Chandrika.

  She also incurred the wrath of Dewan Sir CP, Diwan of Travancore, for doing some printing work for Manorama when the Malayala Manorama daily was confiscated. Haleema Beevi had to face severe opposition due to her open writing against Sir CP’s reign of terror in Bharat Chandrika. At one point, Sir CP’s emissary approached Halima Beevi with a promise to bring a printing machine from Japan if she wrote in his favour. After refusing the offer, Sir CP took revenge by cancelling the teaching license of her husband Muhammad Moulavi. In 1949, Halima Beevi had to stop publishing Bharata Chandrika due to extreme financial crisis. 

Halima Beevi returned to journalism in 1970 when she was living in Perumbavoor. With the money from the sale of her house and land, Haleema Beevi started an institution called Azad Trust, a publishing house for publishing books and a magazine called ‘Adhunika Vanita’ (Modern Women). Philomena Kurian, B. Sudha, K.K. Kamalakshi, M. Rabigam, Baby J. Murikan were the members of the editorial board of ‘Adhunika Vanita’. ‘Adhunika Vanita’ was a literary and cultural magazine that published articles and novels. C. Achyutamenon, Ch. Mohammadkoya, K.M. George, K. Avukadarkuttinaha, Balamaniyamma, Dr. P.K. Abdul Ghafoor, Abu Sabah Maulavi, P.A. Said Muhammad, K.M. and Cherian are some of the well-wishers in this journalistic enterprise. ‘Adhunika Vanita’ also has a special feature that the managing editor, co-editors, printer and publisher were all women.

When she was studying at Adoor NSS School, the Women’s Society of NSS, which worked there, attracted Halima Beevi a lot. She wanted to create an organization among Muslim girls on its model, through which the society should be made aware of the importance of education and the customs and superstitions that are clinging to the community should be exposed. Along with journalism, she also took the initiative to form women’s societies to empower Muslim women. Based on that, at the age of 20, she held a women’s conference in Tiruvalla. More than 200 women participated in that conference. This is the first women’s conference not only in the history of Muslim revival, but in the history of Kerala.

The main objective of the conference was to form an organization for Muslim women and start units for it in all colleges. ‘Akhila Travancore Muslim Women Samajam’ (All Travancore Muslim Women’s Conference) was formed in the conference and later unit committees were formed in many places of Travancore. As the President of ‘Travancore Vanita Samajam’, she took leadership of the organization. Many women were active in the Travancore State Muslim League at that time and were members of the committees. It was also a reflection of the women’s society formed by Halima Beevi. It is estimated that more than a thousand Muslim women have joined this organization. Then many small and big meetings of the organization were held.

Abolition of school fees for Muslim girls, compulsory primary education for girls, providing employment to educated women and role of women in nation building were some of the other resolutions of the conference. In the welcome speech of the conference, Haleema Beevi said: “The men of the community whose women are trapped in freedom will never be able to experience the beautiful results of their actions, and the world, which should be enlightened by the determination of the future citizens, will end up worshiping the youth and babies who are left only as a burden of the earth, it will become ineffective in nature. Think about who has the burden to make them responsible, prudent and knowledgeable…”

Haleema Beevi was also actively involved in politics. Haleema Beevi actively participated in the freedom struggle and was arrested. Haleema Beevi’s speeches at the Mujahid Women’s Conference held in Kochi in 1953 and the Mujahid General Conference held in Idiyangara, Kozhikode, in 1956 are very famous. Haleema Beevi considered it a great honour to be able to speak with Indira Gandhi at a conference in Ernakulum. She was an active worker of Congress, Sevadal worker and member of DCC. Active worker of Travancore Muslim Majlis, President of Tiruvalla Muslim Women’s Samaj, Member of Majlis League Integration Committee, Secretary of Tiruvalla Taluk Muslim League Union She had been a councillor of Thiruvalla Municipal Corporation for five years. Haleema Beevi died on January 14, 2,000 at the age of eighty-two. Haleema Beevi was the secretary of Tiruvalla Taluk Muslim League decades before the Vanita League was formed. Haleema Beevi, who worked tirelessly for women’s emancipation movements in Kerala had been arrested for participating in the Responsible Governance Movement (political protest against the misrule of Travancore Maharaja). Haleema Beevi also participated in the independence movement and was arrested.

Haleema Beevi’s public work was aimed at eradicating superstitions and customs in the community and making religious, educational and cultural progress, especially among women. Her efforts have been fruitful to some extent. An editorial titled ‘A National Disaster’ is an example of Haleema Beevi’s foresight. This explained the importance of women giving up luxury goods. Haleema Beevi had written in her foreword that one of the main reasons behind smuggling, which has a negative impact on India’s economy, is excessive love for luxury goods and gold. They firmly believed that working for the uplift of women is not only the responsibility of women but also of men.

Education of Muslim women was the topic discussed in all the articles focusing on various topics. Some Muslim groups in Kerala believed that learning the Malayalam alphabet was against Islam. Religious rulings (fatwas) were even issued against learning the alphabet. All this motivated Haleema Beevi to write many articles on education.

 Haleema Beevi actively participated in the freedom struggle and was arrested. Haleema Beevi’s speeches at the Mujahid Women’s Conference held in Kochi in 1953 and the Mujahid General Conference held in Idiyangara, Kozhikode in 1956 are very famous.

A regular columnist for NewAgeIslam.com, Mubashir V.P is a PhD scholar in Islamic Studies at Jamia Millia Islamia and freelance journalist.

Courtesy: New Age Islam

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New Indian politics and increasing legal conservatism among Indian Muslims https://sabrangindia.in/new-indian-politics-and-increasing-legal-conservatism-among-indian-muslims/ Tue, 10 May 2022 05:23:52 +0000 http://localhost/sabrangv4/2022/05/10/new-indian-politics-and-increasing-legal-conservatism-among-indian-muslims/ The general reading of Indian Muslims as a monolithic community often glosses over the vibrant diversity underlying the regional differences in Islam

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Indian Muslims
Representation Image
 

Amid the existential crises of Indian Muslims after Partition, the constitutional assurances given to the collective identity were vital in ameliorating the fears of the Muslim community. While individual freedoms are tenable while interpreting the Constitution, recognition of the collective identity of the Muslim community by the way of State protection for colonial-era Muslim Personal Law and special powers for minority institutions helped integrate Muslims in the fledgling Nation.

When the Nehru government feverously pushed the agenda of codification of Hindu Code, Muslims were spared. Nehru was of the opinion that Muslims being an embittered minority, the State shall not force changes in Personal Law and instead, support all Community-led reform movements. His was a prudent political act to forestall militant community mobilisation.

As pointed out by Mohamed Qasim Zaman, Muslims in Indian subcontinent were aware of the colonial nature of the Muslim Personal Law and an undercurrent of reform was prevalent among the Faithful. It was Ashraf Ali Thanwi who fiercely endorsed flexibility and contemporary changes in Muslim Personal Law to shake off imperialist connotation of Muslim Laws. Scholars like Justice Ameer Ali, Asaf A. Fayzee, and Muhammed Ismail Sahib were aware of the legal changes in contemporary Muslim communities and the vested interests of colonial powers in feudalising legal cannon of Islam. The Muslim Shariat Act of 1937 and Marriage Dissolution Act of 1939 were in fact nascent steps towards gradual progression towards modernisation and codification of Muslim law in the Subcontinent.

According to Zoya Hassan, the political insecurity after Partition led to an abrupt halt to the codification of Muslim Law and, instead, the identity fears of the Community manifested in their staunch support to colonial-era Personal Laws. It was viewed as final concession to Indian Muslims hence to be safeguarded at any cost. Modernisation and codification were relegated to the backburner for the protection of limited constitutional rights. Narendra Subramanian has documented the role of Personal Laws in the formation of Muslim identity in India.

Era of Community-led internal reforms

The relative immunity from State intervention expedited internal reform in the community. The jolt of reality in independent India accentuated the pace of internal reforms. Staring at the bleak reality of Indian Muslims, community leaders, cutting across various factions, supported internal reforms in varying degrees. Women’s education was promoted. Women’s visibility in formal and informal sectors was motivated. Hadees literature was studied to reform existing Muslim canonical laws.

The general reading of Indian Muslims as a monolithic community often glosses over the vibrant diversity underlying the regional differences in Islam. In South Indian Muslims, due to historical reasons, internal reforms were at meteoric rise whereas the North Indian counterparts took a lackadaisical approach. While elite “upper caste” Muslims sensed opportunity in the scarce crumbs the new republic threw to them, other marginalised sections of the society soon appropriated internal reform thanks to evolving situations.

Secular education got wider acceptance among the community. Madrasas and maktabs, established exclusively for religious education, showed promising interest in integrating school education. Many states enacted laws with the consensus of the community. The induced reforms with the blessings of community were making substantial strides in reforming the community. And with Shah Bano all hell broke loose.

The Shah Bano issues of 1980s changed the course of Muslim reform movements. The conservative and reactionary clergy tightened their grip on the community. Progressive sections were relegated into irrelevance. Major concession by Rajiv Gandhi government to the conservative section by overruling the then Supreme Court verdict proved fatal for the progress of the community.

Rise of Hindutva Politics and Increasing Legal Conservatism among Muslims

The failure of Janata Government initially laid the foundation for Hindutva politics. Later, Mandal politics inflamed religious passion, and Kamandal politics surrounding Babri Masjid only hastened the growth of right-wing Hindutva politics. They questioned the alleged minority appeasement politics. Major war cry of BJP was to end state protection to Muslim Personal Law. According to BJP, the existence of separate civil laws for Muslims is against the unity of nation and demands the implementation of Uniform Civil Code.

Along with recurring communal tensions, the waning political importance as a key vote bank pushed the Community into defense. This had a debilitating impact on the orientation of the Community. While political changes of Muslim community are well-documented, the question of how it perpetuates legal conservatism needs keen attention. Afraid of Hindutva attacks on Muslimness, a general trend of dogmatic loyalty towards Muslim Personal Law could be seen.

After 2014, when Modi captured Delhi for the first time in Indian electoral politics without Muslim support, a sense of obscurantism has overwhelmed the community. The Hindutva rhetoric denigrating the honourable partnership of Muslims with the Republic has raised existential threats among the faithful. Citizenship controversies further alienated the Muslims. Muslims generally are suspicious of Hindutva’s hidden agendas of undermining constitutional support in their future nation with majoritarian zeal.

Even Muslims are not averse to the idea of reforming the religious laws as has happened in many other Islamic countries. But the fear of Hindutva has practically stalled community-led internal reforms. While BJP heralds Triple Talaq Bill as a milestone in ensuring justice for Muslim women, the community was scornful of the act while the practice is increasingly condemned by the faithful. Making a civil act a criminal offense which invokes imprisonment, the community has serious reservation about the ulterior motives of the BJP in forcing changes in Muslim laws. Ghazala Wahab has discussed the dilemma among Muslims in supporting reforms pushed by BJP.

Religious identities are calling shots on reform these days instead of caste loyalties. Muslim community should be encouraged to take internal reforms without State compulsion. Civil society, religious role and educated sections have to play bigger roles in reforming the colonial-era Muslim Personal Laws. But, imposition of State-led top-down approach will hurt the pace of internal reforms of Muslim community. Reforms should be the outcome of Community-led process. The State shall merely aid the reform and every effort to shove down changes ought to have adverse results.

*The author is a journalism student, presently doing internship with SabrangIndia

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Eid is an occasion to celebrate humanity and brotherhood https://sabrangindia.in/eid-occasion-celebrate-humanity-and-brotherhood/ Mon, 02 May 2022 11:16:56 +0000 http://localhost/sabrangv4/2022/05/02/eid-occasion-celebrate-humanity-and-brotherhood/ Muslims across the world celebrate Eid-ul-Fitr with a refurbished mind through month long fasting.

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Eid

Eid is a holy celebration to fasten the resolve to maintain the spiritual purity and impeccable faith gained through month long fasting from adulterations and contaminations. It is a social event to cement stout human bonds of love and affinity transcending religious and social considerations.

Eid announces the auspicious culmination of month long fasting. Fasting is a crass reminder of hardships of hunger and asks the faithful not to forget the God in times of prosperity. Eid presents a happy occasion for celebration for the believers without indulging in carnal desires and satanic temptations. This is a ‘gift day’ for Muslims after enduring pangs of hunger during fasting to heed to the commands of divine instructions.

Islam is a social religion which allows celebrations and festivities subject to refraining from the forbidden and encouraging virtues in society. Two Eid celebrations, viz. Eid-ul-Fitr and Eid-ul-Azha, are celebrated by Muslims every year across the world. Eid-ul-Fitr is observed at the end of fasting whereas Eid-ul-Azha is celebrated simultaneously to Haj Pilgrimage. The core messages of Eid celebrations are of happiness and divine remembrance.

Eid celebration is associated with two important themes; divine and humane. Not to forget Allah and steadfastly abide by his instructions are essential to divine understanding of Eid. The celebration beginning with divine exaltations and special prayers has spiritual contents. It exhorts the faithful to submit themselves to divine pleasure and not to stomp the earth haughtily.

The humane aspect of Eid adds glitter and wafts of scent to the celebration. It is an occasion for family unions, neighborhood visits, outings with family and visiting friends. The tradition of inviting all neighbors to the house to delicious feasts without religious considerations adds more happiness to the occasion. Non-Muslim friends and neighbors visiting my home for Eid celebrations was highly anticipated for in my childhood which is reciprocated during Onam and Vishu festivals by vising their respective homes.

The virtuous liturgies of the day wrapped in spiritual sobriety prod the Muslim community to work for a brighter future in tandem with societal expectations. Prophet has religiously prohibited the faithful from fasting on this day. The message of Eid is that no one should be left with empty stomach wriggling with hunger. To ensure this, Islam calls for distribution of Fitr Zakat, (compulsory donation for financially eligible Muslims) prior to attending the Eid prayers. This charity donation ensures no one is bereft of food at this day and reminds the faithful of the eternal moral obligation to tend to the needs of the poor.

Bringing home a destitute child found at a roadside, Prophet Muhammed offered him dress and food and said to his wife Ayisha, “Today the happiness of this child completed our happiness.” This is the message of Eid to lend helping hands to those in distress. Fitr Zakat is a mere jurisprudential rendition of social responsibility to tend to the needs of people in need.

Eid heralds the noble messages of unity and brotherhood. It entails messages of compassion, empathy and benevolence. It sends strong messages against violence and communal discord. It is a gentle reminder of love prevailing hatred. In practice, Eid is not an exclusive festival of Muslims alone, but it is a celebration of all who values affection and friendship.

The festival should be used to weld together social relations. When the communal wedges are seeping dangerously deep inside into the time-tested social harmony, Eid should be an occasion to celebrate beauty of coexistence and religious pluralism. Gestures like inviting neighbors to join the Eid festivals, offering ‘Eid Thuhfa’ (token gifts) and sending social media greetings will definitely help bring people together and fight cynics and messengers of doom. Social interactions like on Eid will come a long way in foiling the bids to keep hate simmerring.

*The author is a journalism student at IIMC, Delhi and is interning with SabrangIndia.

 

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