Social Boycott | SabrangIndia

Uttarkashi: Cross marks, “leave” threats on Muslim shops, hatred spreads to other towns: Uttarakhand

sabrang — Tue, 06 Jun 2023 11:39:20 +0000

Days after tensions erupted in Uttarkashi over the abduction of Hindu girl by two young men in Uttarkashi’s Purola, the effects are being seen in other towns as well.

The outrage has simmered and now spread to another town, namely, Barkot. In Purola, as the shops belonging to Muslims remain shut, some errant right wing groups pasted posters on the shutters of these shops on Saturday. These posters threaten them to “shut down their business and leave the town before a ‘mahapanchayat’ to be held on June 15 or else face action.” In some places, shops belonging to Muslims have been vandalized with black cross marks, reported The Times of India. The posters were removed by the police on Monday.

Image: Hindustan Times

In Barkot as well similar incidents were reported whereby Muslim shops were left with black cross marks, as a sign of boycott of their businesses. Some even removed the boards of these shops. These miscreants remain unidentified. A local trader from Purola speaking to TOI, said, “The posters asking us to leave or face action are an attempt to intimidate us. Over 30 shops have remained shut since May 26.”

President of Purola traders’ association, Birjmohan Chauhan however maintained that nobody was asked to vacate their shops.

Uttarkashi Circle Officer, Anuj Kumar, told TOI that a case has been lodged against unidentified persons for indulging in wanton vilification of a religion and indulging in public mischief under sections 295 (a) and 505 of IPC. He said that a probe is on and they are checking the CCTV footage to identify the culprits.

Hindustan Times reported the disturbing incidents in which the poster read:

“Love jihadiyon ko suchit kia jata hai ki dinak June 15, 2023 ko hone wali mahapanchayat hone se purv apni dukanein khali kar de. Yadi tumhae dwara aisa nahi kia jata, toh wakt par nirbhar karega (Love jihadists are informed that they should vacate the shops prior to a mahapanchayat on June 15. If they don’t, it (consequences) will depend on time),” the poster, which calls for ‘Devbhoomi Raksha Abhiyan’ (campaign for protection of land) said.

A local VHP leader claimed that the posters were put up by local residents, “These posters were put up by local residents who want people from a particular community to leave the town to ensure peace and communal harmony. They came here on the pretext of doing business but are targeting girls and women from our community,” VHP leader Virender Rana said while speaking to HT.

Memo by Muslim families

A memorandum has also been sent by Muslim families of the area to Purola SDM underlining their financial crisis and are seeking security so that they can open their businesses again. The memo also states that if anything untoward happens to the Muslims, the administration will be responsible for the same.

Background

On May 27 it was reported that 42 shopkeepers in Purola (all Muslim), fled, abandoning their shops and businesses owing to the protests by right wing groups. Outrage had sparked over the abduction incident whereby a Class 9 student was kidnapped allegedly by two men, Ubed Khan (24) and Jitendra Kumar Saini (23) who were arrested on May 27.

A procession was carried out by right wing groups as also businessmen of the area last week and shouted slogans against targeting the Muslim community while threatening them to vacate their shops. Fearing violence, 42 shopkeepers and vendors like street hawkers, vegetable vendors, bicycle repair persons and other such small businesses reportedly fled the area. The protesting group also sent a memorandum to the Governor through SDM Devanand Sharma demanding the immediate removal of businessmen from a particular (read Muslim) community, with a criminal mindset.

The protest march in Purola on May 29 had turned violent whereby Muslim shops were attacked and over 900 people had taken part in this mob. The memorandum sent by the protestors said, “In the garb of doing business in the town, some people from a particular community have been indulging in immoral activities… thereby, polluting the atmosphere,” as reported by HT.

The systemic hate-exclusion and socio-economic boycott that this signals was best summed up by the TOI report that stated: In the Times of India Report, page 7, Mumbai edition, there is a cogent editorial comment:

“TIMES VIEW: Putting up posters asking a community to leave town is a dangerous trend that needs to be stopped. Authorities should step in immediately and take firm action against such rogue elements who strike at the very root of a secular and democratic state.”

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Hindu activists begin door-to-door campaign against halal products in Karnataka

Thu, 20 Oct 2022 09:41:24 +0000

Bengaluru: The Hindu activists here on Thursday started a door-to-door campaign in connection with boycotting halal certified products during the Diwali festivities.

The activists said that they were also planning to distribute ‘halal jihad’ handbook to the people to create awareness among them. The campaign will be taken up in Jayanagar and Basavanagudi Assembly constituencies of Bengaluru.

Jayanagar Assembly constituency is represented by Congress MLA Sowmya Reddy and Basavanagudi constituency is represented by BJP MLA Ravisubramanya. There are sensitive pockets, especially the Jayanagar locality and the police are closely monitoring the situation.

The campaign has been taken up by the Hindu Jana Jagruthi Samithi, Sri Rama Sena, Raastra Rakshana Pade and Vishva Hindu Sanatana Parishat.

#Hindujanajagruti has called for a *#Halal_Free_Diwali asking #Hindus not buy products from #Muslim vendors. Yesterday,they released book on #HalalJihad & have asked to boycott #Muslim shops. #Karnataka pic.twitter.com/QDEjy9XlPl

— Imran Khan (@KeypadGuerilla) October 17, 2022

The auto-rickshaws will be used to spread awareness messages through mikes, loud speakers, said the activists. They said that the meeting would be conducted with hotel owners, industrialists, shop owners and Agricultural Produce Marketing Committee (APMC) traders not to go for halal certification.

Hindu organisations had given a call of boycott for halal certified products on Tuesday (October 18). The organisations claim that they were also taking up a campaign to get rid of halal certification. They have also alleged that through the halal certification on products, one religion is riding over another economically.

Hindu Jana Jagruthi Committee State Spokesperson Mohan Gowda had announced that the campaign against halal would be carried on till the end of Diwali festival.

Courtesy: The Daily Siasat

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Communal and instigating speeches made at Virat Hindu Sabha, CJP moves NCM

Sat, 15 Oct 2022 10:59:52 +0000

The provocative speeches made at Delhi’s “Virat Hindu Sabha”, calling for aboycott of the Muslim community and even threatening violence,have been the subject matter of public debate, even outrage. The event, organized by the Vishwa Hindu Parishad (VHP), was held in North East Delhion October 9, 2022and witnessedsome self-professed religious leaders and members of the ruling Bharatiya Janata Party (BJP), espousing a hard, right-wing, exclusionist ideology delivering incendiary speeches that have the potential to incite hate and violence.

In order to ensure that a serious inquiry takes place in this matter, Citizens for Justice and Peace (CJP) has approached the National Commission of Minorities (NCM) to exercise its adjudicatory jurisdiction, initiate its own inquiry and monitor the police investigation as well.

The most concerning fact about the impunity concerning the said instances of hate speech is that the Delhi Police have not taken any action against these perpetrators (till the time this complaint has been sent). As per news reports, and as mentioned in the complaint, an FIR that has been filed only under Section 188, that is, for lack of permission for holding the event. Some news reports suggest that the political leadership of the BJP has ‘admonished’ its leaders like Parvesh Verma for their role in delivering hate speeches.

CJP, in its complaint to the NCM, has detailed the hate speeches and call to targeted violence made by the following people:

BJP MP Pravesh Sahib Singh Verma
BJP MLA Nand Kishore Gurjar
Religious leader Mahant Nawal Kishore Das
Jagat Guru Yogeshwar Acharya

The complaint details excerpts of these speeches and has also shared with the NCM, the videos that were widely circulated on social media, which become proof that these speeches that were delivered. The complaint also details the various sections of the Indian Penal Code (IPC) and the Indian Arms Act that should be invoked in this case.

Videos of the speeches made at the event went viral on social media. In the present video, Verma can be seen and heard saying, “Jahan jahan yeh aaapkodikhaee de, maikehtahun, agar inkadimaagthikkarnahai… toh ek hi ilaajhai, wohhaisampurnabahishkar… Aap is baat se sehmat ho?” (If you want to set their minds right, if you want to cure them, there is only one solution – complete boycott.)

This is not the first time Verma has made comments targeted at Muslims. In January 2020, in the run up to Assembly Elections in Delhi, Parvesh Verma had in an interview to the news agency ANI, made disparaging remarks about the Muslim community in connection with the Shaheen Bagh protests. In the said speech, Verma had also openly threatened Shaheen Bagh protesters as he addressed a rally in Delhi. Parvesh Verma said if the BJP is voted to power in Delhi, it will only take an hour to ‘clear off protests in Shaheen Bagh’.

In another purported video that has been attached to the complaint, Nawal Kishore Das was heard saying that a knife fight cannot be fought with words. He said that Hindus have to take both Shastra (scriptures) and Shastra (weapons) together. He then suggested violence and asked the public to “get guns, get license. If you don’t get licenses, don’t worry. Those who come to kill you, do they have licenses? So why do you need a license?”

The complaint underscores how these statements “have now gone beyond being just hate speech and have become brazen calls for genocide and encouragement to pick up arms against the minority community.” The complaint further says, “Hate speech has not been dealt with an iron hand in the past few years and these makers of hate speech have not faced any serious legal action till date which has resultantly given them a free hand and has pushed them to make worse statements than they may have made before. The impunity with which they have been dealt with until now has made the social media a breeding ground for such public figures who have a wide audience who comment on their hate speeches, gets inspired by them and commit more illegal acts.”

The complaint urges NCM to take appropriate action saying, “The importance to act strictly and earnestly in this matter cannot be stressed upon enough and we are certain that you understand the magnitude of the situation. It poses a serious threat to the secular fabric of our country and need to be acted against at every instance so that it acts as a deterrent. If appropriate action is taken by this Commission, it will not only give a sense of security to the minority community but will also strengthen the values of fraternity, secularism that our Constitution upholds.”

The complaint may be read here:

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BJP MP Parvesh Verma calls for total boycott of a particular community

Mon, 10 Oct 2022 05:23:15 +0000

Controversial Bharatiya Janata Party (BJP) leader Parvesh Sahib Singh Verma has fired yet another salvo against members of a particular community, urging people to boycott them. Though Verma did not specifically name the Muslim community, he was speaking in reference to an alleged case of murder where the victim was Hindu and the alleged perpetrators all hailed from the Muslim community.

Verma made the remarks at an event called Virat Hindu Sabha organised by the Vishwa Hindu Parishad (VHP) on Sunday at North East Delhi’s Dilshad Garden. Videos of the speech went viral on social media. In the video, Verma can be seen and heard saying, “If you want to set their minds right, if you want to cure them, there is only one solution – complete boycott.” He then asks the audience if they agree with him, and they loudly cheer him on.

Verma then goes on to administer an oath of boycott, which the audience repeats after him: “We will boycott them completely. We will not buy anything from their shops and establishments. We will not pay them any wages.

BJP MP Parvesh Verma orders the people of Delhi to financial boycott Muslims. Will @DelhiPolice act against this man for inciting hatred amongst communities? Does PM Modi condone this speech? Is this what BJP meant by Sabka Saath Sabka Vikas! Speak up @narendramodi pic.twitter.com/L8XtjlxbQB

— Dr. Shama Mohamed (@drshamamohd) October 9, 2022

Verma was speaking in connection with the killing of a man named Manish in Delhi’s Sunder Nagar area on October 1. According to Indian Express, Manish was stabbed 20 times in the attack and his assailants have been identified as Sajid, Aalam, Bilal, Faizan, Mohsin and Shakir. Thus, their names clearly give away their religious identity.

The Vishwa Hindu Parishad (VHP) had also issued a press statement about the killing, and claimed Hindus had become a minority in the area, and that groups engaged in religious conversion were active there.

दिल्ली में हिंदू युवक मनीष की नृशंस हत्या के विरूद्ध हुई आक्रोश सभा की प्रेस विज्ञप्ति व इस सम्बंध में उपराज्यपाल को दिया गया ज्ञापन.. pic.twitter.com/9pajM3eBhy

— Vishva Hindu Parishad -VHP (@VHPDigital) October 9, 2022

But when probed about the public call to boycott Muslims, Verma tried to dodge the allegation by saying he did not specifically name Muslims as a community. Verma told the publication, “What I said was that the families whose members carry out such killings should be boycotted. Such families, if they run any restaurant or any business, should be boycotted. There have been such crimes in my area also. And in such cases, their business should be boycotted.”

Understandably, the impunity with which a public call was made for boycotting an entire community, has caused nationwide outrage with many prominent leaders and civil society members calling out the bigotry.

. @p_sahibsingh is a BJP MP who called for boycott of Muslim businesses. @nkgurjar4bjp is a BJP MLA who called for violence against those who are not “descendants of Lord Ram”: ie those who are not Hindus. The latter also implied justified riots as “killing jehadis”.

— Kavita Krishnan (@kavita_krishnan) October 10, 2022

Hypocrisy ?

Modi says he isn’t against Islam & a true Hindu can never be against Islam.

Today, a member of parliament from BJP openly calls to boycott Muslims. pic.twitter.com/AOVghjyZkM

— YSR (@ysathishreddy) October 9, 2022

Utterly shocking and disgraceful. BJP MP @p_sahibsingh calls for the social boycott of Muslims. What happens to ‘Sabka saath’ when this is the language used by a public rep? Will any action be taken? Or will he be rewarded? pic.twitter.com/an882o5qi8

— Rajdeep Sardesai (@sardesairajdeep) October 9, 2022

Hindu Righ Wing, before calling for an economic boycott of Muslims in India, must realize that India gets more than half of its remittance and imports more than half of its oil from the Gulf countries.

— Ashok Swain (@ashoswai) October 9, 2022

A top leader of Prime Minister Narendra Modi’s government asking for economic boycott of Muslims in broad daylight . And Indian foreign minister @DrSJaishankar accuses ‘western media’ of trying to discredit India. The everyday slide of India into the dark abyss of fascism https://t.co/Iq02ENKU2m

— Rana Ayyub (@RanaAyyub) October 9, 2022

But this is not the first time Verma has made comments targeted at Muslims. In January 2020, in the run up to Assembly Elections in Delhi, Parvesh Verma had in an interview to the news agency ANI, made disparaging remarks about the Muslim community in connection with the Shaheen Bagh protests. He had said, “Lakhs of people gather there [Shaheen Bagh]. People of Delhi will have to think and make a decision. They will enter your houses, rape your sisters and daughters, kill them.” Verma had gone on to say, “There’s time today, Modi ji and Amit Shah won’t come to save you tomorrow.” Considering that the Shaheen Bagh protests were led by women, this comment was utterly bizarre!

The Print now reports that the Delhi Police have filed a First Information Report (FIR) under Section 188 (Disobedience to order duly promulgated by public servant), saying prior police permission was not sought for the event. However, no action has been taken against Parvesh Verma, so far.

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Why no FIR filed against Anurag Thakur, Parvesh Verma: Court asks Delhi Police

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Haryana: “Upper castes” booked for social boycott of 150 Dalit families

Sat, 16 Oct 2021 04:06:09 +0000

Image: https://granthshala.in

In Jind, Haryana, 23 “upper caste” persons have been booked as more than 150 Dalit families were denied ration, medicine and were faced with a social boycott by “upper caste” families.

In Chhatar village in Jind’s Uchana sub-division, the Dalits were boycotted after a panchayat called upon by the “upper castes” decided to impede their ration and means of transport as well, to build pressure on the Dalit community there to withdraw a case.

A Dalit boy was beaten up by some “upper caste” people during a Kabaddi match, and the case was filed and one person arrested. When the panchayat was called upon, they warned the other members fo the Dalit community to boycott the complainant, however the community refused to do so. Thus, the boycott was imposed and it was declared that any person providing them ration will be fined Rs. 11,000.

A complaint in this regard was then made to the police. Deputy Superintendent of Police (DSP) Jitendra Kumar said that on the basis of a complaint, a case was registered against 23 people, including a former sarpanch, under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act for allegedly boycotting the Dalits, reported The Wire.

Uttar Pradesh: Dalit school children thrashed, made to sit separately in Amethi

Internationalising Caste

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Dalits in Lhor Village Allege Social Boycott After They Stopped Disposing Animal Carcasses, Gujarat

Thu, 16 May 2019 09:06:24 +0000

In a valiant move, Dalits from the Lhor village in Gujarat, decided to stop disposing animal carcasses, citing that it is a filthy and an unpaid job which leads to their discrimination. However, they have alleged that their decision to stop performing such a demeaning work has led to their social boycott by the upper caste people of the village, as called on May 8.

Image Courtesy: Javed Raja / Indian Express

As reported in the Indian Express, Dalits in Lhor decided to stop disposing animal carcasses as part of their “customary” service saying it was a “filthy and unpaid for” job that was thrust upon them. Dalits have alleged that they have been socially boycotted since May 8, after a Dalit groom took out the first wedding procession in Lhor on a horse.

Reportedly, based on a complaint, police have registered an FIR against five upper caste men, including the sarpanch and deputy sarpanch of the village, for ordering the social boycott.

Bhikhabhai Parmar (81), the grandfather of Mehul, after whose wedding procession Dalits allegedly faced a social boycott, said, “We used to do it (dispose carcasses) out of social compulsion and to avoid friction. I have lifted dead animals. When we did the work, the non-Dalits treated us with disgust,” he said.

Mukesh Shrimali, a young dalit, said, “Our old generation used to lift the carcasses of animals and the tradition has continued for hundreds of years. We (the Dalits) were not getting any remuneration for it and the service was imposed on us as a custom for long. They think Dalits have to do it.”

The talati-cum-mantri (revenue clerk) of Lhor, Varsha Thakor said, “During one meeting to strike a compromise (after five men were arrested for the social boycott), one of the major grudges of the non-Dalits was that the Dalits do not lift carcasses of their animals.”
Predictably, Thakors have denied allegations of any link between the social boycott of the Dalits and their refusal to dispose the carcasses. An upper caste villager, Prahlad Thakor, said, “Their (Dalits) refusal to lift dead animals is their choice. Nobody can force them to do it. And as far as the matter of social boycott is concerned, it is not true.”

Notably, at least two Thakor community women indicated that the community does hold a grudge. “They say that we should sit with them and dine together. How can we allow that?” said one woman requesting anonymity. Another woman said, “…we have to lift dead animals or make arrangements to dispose of it. If they (Dalits) don’t do their work, what are we supposed to do?”

Social activist Martin Macwan said Lhor was not the only village in Gujarat where the Dalits have stopped lifting carcasses. “After Una (public flogging of Dalits by self-styled cow vigilantes in 2016), I did a study and discovered that there were around 30 villages in Gujarat where Dalits had stopped lifting the dead animals. It also indicates that the relationship is going to change further. The Dalit youths are clear that they will not compromise in any circumstance.”

Despite touting ourselves as the fastest growing economy in the world, we yet have an unjust and unfair system of caste-based profession. The vulnerable, the marginalized and the powerless continue to be victims of prejudices and discrimination at the hands of the upper-caste powerful people, even to the extent of losing their lives.

Amidst all this, such courageous decisions by the oppressed are much-needed so as to break the age-old stereotypical setup.

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Major victory for anti-caste movement in Maharashtra

Fri, 28 Jul 2017 06:34:02 +0000

“We believe caste to be superstition, it holds no logic” – Avinash Patil

Dr. Narendra Dabholkar

In India, social boycott is an extrajudicial form of punishment, used to perpetuate caste and religion-based discrimination. But that’s about to change; at least in one state.

On 13 July 2017, President Pranab Mukherjee gave his assent to the ‘Maharashtra Prohibition of People from Social Boycott (Prevention, Prohibition and Redressal) Act’, 2016. This Act is the first law in India meant to punish social boycott, and will regulate organisations like the caste Panchayats.

The act lists over a dozen types of actions that can be considered acts of social boycott. The act will make social boycott a criminal offence – punishable with imprisonment forup to three years or a fine of Rs. 1 lakh or both. If guilty, families, communities and individuals will now be punished under this law. The Act makes provisions for six-month long speedy trials. It also provides for a state-government-appointed, Social Boycott Prohibition officers to ‘assist the police and magistrate’ and to track cases of social boycott.

Reasons for social boycott include religious rituals, inter-caste marriage, lifestyle, dress or vocation. The victim can file a complaint either with the police or directly to the magistrate.The Act recognizes the varied forms in which social boycott occurs in a caste-based society. It even makes it an offence to create cultural obstacles by forcing people to wear a particular type of clothing or use a particular language.

The Force behind the Law
The murder of a 22 year old pregnant woman , Pramila Khumbharkar, laid the foundation for the movement demanding this act. Belonging to a nomadic tribe, she was killed by her father for marrying Deepak Kamble who belonged to a Scheduled Caste. The issue was highlighted in an article by Dr. Narendra Dabholkar.

Dr. Dabholkar, a medical doctor turned social worker, started Maharashtra Andhrashraddha Nirmoolan Samiti (MANS),in 1989, to help eradicate superstition. MANS was a state-wide movement targeting god-men and superstitious practices.

For the last 4 years in Maharashtra, MANS has also been running a movement against Social boycotts. It began the ‘Jaat Panchayatila Muthmatil Abhiyan’, a campaign to put an end to caste-based extra-judicial bodies.The organisation received around 80 complaints from various castes and sub-caste groups a while after the campaign’s initiation. MANS worked to create awareness and root out the inhibitions and fear of those facing social boycott.

“We approached the High Court to put an end to these atrocities. That is when we realized that there was no law to prevent or punish this,” said Avinash Patil, President, MANS.

“We had formulated a draft to be pushed as the new law and submitted it to the government. The state government also made its own draft bill. The new law that has been passed is after taking both drafts into consideration. 80% of our draft has been included in the Act.” Patil told Newsclick.

“Within a week of the Act being in place, there have already been two complaints in Pune and one in Mumbai. To make sure this law is implemented and people know of it, we (MANS) are planning an awareness campaign for next year.” He added.

In a country where men and women are emotionally and physically tortured without a second thought, for not abiding to ‘social norms’, it is surprising that there has been no pre-existing law criminalizing such absurdities.

Courtesy: Newsclick.in

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Muslim personal law board files affidavit in SC, promises advisory to qazis on “undesirable triple talaq” practice

Tue, 23 May 2017 07:08:06 +0000

Affidavit also says it has already called upon Muslims to socially boycott husbands who resort to triple talaq

Image credit: Ummid.com

The All India Muslim Personal Law Board (AIMPLB) has filed a fresh affidavit in the Supreme Court on Monday promising it will issue advisories to qazis across the country asking them to counsel the bridegroom and the bride on the “undesirable triple talaq” practice.

The marital couple will be advised to use a nikahnama (marriage certificate format) which has a clause barring the husband from instantaneously divorcing his wife by resorting to the currently prevalent triple talaq (“talaq, talaq, talaq”) practice, whether orally or through SMS, Whatsapp messages etc.

The affidavit also said it has already urged Muslims across India to socially boycott men who divorce their wives at one go “so that such incidents are minimised”.

"At the time of performing 'Nikah', the person performing the 'Nikah' will advise the bridegroom/man that in case of differences leading to talaq the bridegroom/man shall not pronounce three divorces in one sitting since it is an undesirable practice in Shariat," read the affidavit filed by AIMPLB secretary Mohammad Fazlurrahim.

"At the time of performing 'Nikah', the person performing the 'Nikah' will advise both the bridegroom/man and the bride/woman to incorporate a condition in the 'Nikahnama' to exclude resorting to pronouncement of three divorces by her husband in one sitting," the affidavit added.

Muslim women and men who have been demanding that triple talaq (along with nikaah halala and polygamy) be banned are skeptical about who will ensure, and how, that only nikahnamas barring triple talaq practice will be used, or how social boycott will be imposed.

The AIMPLB has maintained throughout that triple talaq practice is bad in theology but good in law. The latest affidavit is being seen as an attempt to ensure that the practice is not declared unconstitutional.

It may be recalled that after a week-long hearing of a clutch of petitions on the issue of triple talaq, a constitution bench on May 18 has reserved its judgment.

The Modi government has told the Supreme Court that it was ready to bring in legislation governing Muslim marriage and divorce if it declares the triple talaq practice as unconstitutional.

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Triple Talaq Row: Social Boycott as Punishment Is Juvenile; AIMPLB Must Follow Quran and Accept Inevitability of Change

Wed, 19 Apr 2017 07:39:42 +0000

Indian ulema seem determined to continue to wallow in their follies.

The Lucknow meet of the All India Muslim Personal Law Board (AIMPLB) makes it clear that they will not honestly introspect and change course. In the face of persistent demands from Muslim women and liberal elements of the community for change, it has simply asserted that Muslims have the "constitutional" right to follow their personal law. Of course, they do. But they also have the “constitutional” right to demand that this law be in conformity with their primary scripture, the holy Quran.

In an earlier write-up in this space I have shown how that is not at all the case with the Anglo-Mohammedan Law that goes as Muslim Personal law in this country.

AIMPLB general secretary Maulana Wali Rehmani is seeking to obfuscate the issue by saying, “if the law is misused, corrective steps should be taken, instead of changing the law.” The problem is that it is the law that is inconsistent with the Quran as well as demands of natural justice and gender equality. How is it being “misused” if it allows instant triple talaq and Muslim men are using that provision to get rid of their wives, with express support from the ulema, often without even pondering the issue.

The most vile and obscene practice of “nikah-e-halala,” prevalent only among Indian Muslims now, is a direct result of unthinking divorces due to the law that allows triple talaq in one session. A well thought out divorce following the method given in the Quran would not lead to such degradation.

The Board is suggesting “corrective” steps like social boycott for anyone who gives three talaqs in one sitting. This is juvenile and absurd. Who cares for a social boycott these days and in any case who will monitor the society and what punishment will be given to those in the society who continue to interact with such a person. Then, who will prescribe and administer this punishment.

Board ulema seem to be actually living in the 7th century when perhaps such medieval punishments could be effective. Quran, however, though a 7th century scripture, does not prescribe any such punishment. Nor did the second caliph Hazrat Umar, on whose authority the ulema justify the instant triple talaq as he is supposed to have accepted it as a fait accompli. But he had also ordered flogging for anyone who dared say Talaq thrice in one session.

In any case the issue is that of a bad law, not its misuse. Indeed, this bad law is even supported by infantile fatwas giving legitimacy to triple talaqs conveyed unilaterally through text messages, internet chats, and so on.

The root of the problem for the ulema lies in the stagnation in Islamic theological thought for over a millennium. Orthodox Islam had called for creative rethinking of issues as and when new situations emerged. This was called ijtihad. It was practised by jurists like Imam Abu Hanifa, Imam Shafei, Imam Malik, Imam Ahmad ibn Hanbal, etc. The gates of ijtihad, however, were closed after that. It was said that fresh thinking is no longer required.

No one had the authority to close the gates of ijtihad, but ulema accepted that. This is what has caused the biggest problem. Indian ulema are perhaps the most conservative of all today. They would not even accept what their counterparts in Pakistan and Bangladesh have.

The problem for AIMPLB arises from the fact that its ulema follow Imam Abu Hanifa who is said to have accepted a fait accompli as legitimate, even if the act was haram (forbidden). Other jurists like Imam Malik, Imam Shafei and Imam Hanbal do not accept a haram act as legitimate. The AIMPLB keeps repeating that triple talaq in one sitting is haram but says that once it is done it is done; it is a fait accompli and nothing can be done about it, it has to be accepted as legitimate.

This is what is taught tomuftis in Deoband and Bareilly and this is what they, therefore, say when asked to give a fatwa on such issues. Shias and Ahl-e-Hadith do not accept this position. But members of these sects in AIMPLB continue to support its position in the interest of community solidarity, even though this stand is contrary to their juristic understanding and practice.

Some people had started expecting something positive from the Lucknow meeting when its Shia member, Maulana Kalbe Sadiq hinted a couple of days ago that the Board might be willing to phase out the abhorrent practice of triple talaq within a year and a half. But apparently even the Shia and Ahl-e-Hadith members did not press for change.

The AIMPLB should, however, understand that whatever stand Hazrat Umar or a jurist like Imam Abu Hanifa may take, God did not accept the fait accompli as giving legitimacy to a vile act. The most relevant case in point is that of az-zihar, a pre-Islamic practice that some Muslims continued to engage in after embracing Islam. In az-zihar, a husband wanting to divorce his wife would simply say that she was like his mother and hope that this would be accepted as an indirect divorce.

This practice made God very angry. In Quran Chapter Al-Mujadila (58, verses 2 to 4), He calls this practice vile and falsehood, and a lie and prescribes punishment for those who engage in such vile practice. He does not accept it as a legitimate form of divorce.

“If any men among you divorce their wives by zihar (calling them mothers), they (wives) cannot be their mothers: None can be their mothers except those who gave them birth. And in fact, they use words (both) iniquitous and false: but truly Allah is one that blots out (sins), and forgives (again and again). (Quran Sura Al-Mujadila (58), verses 2).

I have made this point earlier, indeed very recently. Yet this bears repetition, as its implications are not well understood. The above verse makes it clear that God does not accept the fait accompli argument in the case of divorce by az-zihar: Quran tells them clearly “wives cannot be mothers.” Why should a so-called “fait accompli” be then applicable to triple talaq in one session? Our ulema agree and say repeatedly that the practice of instant triple talaq is vile and abhorrent and haram. But they don’t even prescribe any punishment for the evil-doer? They are talking of medieval absurdities like social boycott which simply cannot be enforced even if it were to be accepted as a legitimate form of punishment today.

Like ulema around the world, our ulema too should understand that now they are living in the 21st century, in the age of internet. Not only Quran but even the contrasting opinions of various jurists are available to all Muslims. It has become very easy for any interested person to study Islamic scriptures as well as books of jurisprudence.

Triple talaq is like the proverbial Sword of Damocles hanging over the head of our women permanently. Even in perfectly harmonious marital relationships, the consciousness of the sword remains present, vitiating the relationship, making it iniquitous.

Progressive Muslims, men and women, are no longer willing to allow this situation to persist. The entire Muslim world has accepted the un-Islamic nature of instant and unilateral triple talaq. The arguments that AIMPLB has presented before the Supreme Court have already been debunked in Islamic theological literature. Change is inevitable. Indeed, they should accept it as a fait accompli.

Sultan Shahin is the founding editor of a Delhi-based progressive Islamic website NewAgeIslam.com.

Courtesy: New Age Islam

The post Triple Talaq Row: Social Boycott as Punishment Is Juvenile; AIMPLB Must Follow Quran and Accept Inevitability of Change appeared first on SabrangIndia.