[Reader-list] Islamic justice

Tue Nov 4 17:44:11 IST 2008

Dear Aditya

I have been deliberating with myself since last night when I first read your mail, about writing to you. I must, I finally decided, for the sake of my own convictions, for the sake of India for which you often speak and perhaps for your own sake too. I hope you will understand why it was important for me to write.

It was improper of you to title your post as "Islamic Justice" when the body of the News Report draws no such generalised inference.

On 22/08/08, Shivam Vij posted  with the Subject Line "Hindu terrorism in Jammu", a News Report of "Protestors attack Congress Leader". He was guilty of distortions meant to provoke divisiveness. You are guilty of the same.

Shuddha took issue with what Shivam had done. Shivam apologised.

What has been reported from Somalia is in no way "Islamic Justice". An act carried out 'in the name of Islam' does not automatically make it an 'Islamic act'. There are many practices 'in the name of Islam' which do not find sanction in 'Purist Islam'.

'Death by Stoning' is not a punishment sanctioned in the Quran. The Quran also says that no punishment should exceed the punishments specified in the Quran. 80 lashes is the punishment for adultery. But in the case of this 13 year old girl it is rape by 3 men and not adultery.

Many practices with 'tribal roots' prior to Mohammed continued after his death and some during his lifetime too. They continued during the reigns of the first 4 Khalifas and thereafter too. Today they have diminished amongst many of the concentrated Muslim societies that call themselves Islamic.

"Death by stoning" is not sanctioned amongst many Muslim societies, nor is 'death for adultery' sanctioned. It is Un-Islamic.

Amongst 'thinking' Muslim societies there is extensive discussion on how 'rape' should be evaluated as being distinctly different from 'adultery'. This has become important due to the obsfucation that had taken place between 'adultery' and 'rape'. Connectedly the '3 eyewitnesses' requirement for establishing non-sanctioned sexual union has given way in the case of 'rape' to 'witness' provided by the victim's statement, body injuries, forensic evidence from body fluids and other DNA material and also circumstantial evidence.

Just to give one another example of attempts by Muslims to do away with some degraded practices followed 'in the name of Islam', you would know that many Muslim societies have discarded the 3 simultaneous pronouncements of the word "talaaq" as sealing a divorce.

Similarly, inspite of being torn between 'individualised thought/understanding' and the pressures of 'expected allegiances' combined with 'propagated interpretations' increasing number of Muslims are re-thinking terms like "Jihad'.

The point is whether one should appreciate the struggles of Muslims who are discarding degraded practices/interpretations 'in the name of Islam' or whether one should speak and act in a manner to support them and reassure them in a manner that would not make them 'blacksheep' in the Islamic Fold.

Why am I concerned about this? Because it is important for India.

To put in in perspective the affairs of the Muslims, an excellent comparativeness is available from looking at those known as "Hindus". They struggled in doing so but discarded such degraded practices as Sati, Child Sacrifice, Human Sacrifice. Some practices that might have at some time made some sense for the design of societies at that time were judged as being discriminatory and done away with such as "eldest son being sole inheritor/dispenser" - the role of the "Karta". A similar situation exists with 'dowry' and "Hindus' are still struggling with that 'evil'.

For that matter, many of the practices that might have in principle been done away with still find themselves being practised amongst "Hindus" every now and then and here and there, some more frequently than others.

One of the most abominable practices amongst "Hindus" which I personally evaluate as having done the greatest harm to "Hinduism" is the degradation that took place in the "Varna" precept getting transformed into 'superiority of one caste over the other' (does not matter whether by birth or prfession). "Hindus" are still struggling with that decadence.

If you understand this 'struggle' to become 'better' amongst the "Hindus" then you would/should also appreciate the "struggle' to become 'better' amongst the "Muslims".

Just as a "terrorist acts" and "gegraded practices by "Hindus" or 'in the name of Hinduism' are not representative of "Hinduism" or "All Hindus", similarly "terrorist acts" and "gegraded practices by "Muslims" or 'in the name of Islam' are not representative of "Islam" or "All Muslims"

Why is this important to be understood? Because it is important for India. Muslims are a part of India. They belong to India and India belongs to them as much as these definitions and claim of relationship holds true for any other people in India. Demonising Muslims or Islam is an attack on a substantially large number of Indians.

Anyone, who by speech or action will bring harm to the integrity of India is an enemy of India. Anyone who will seek by word or action to bring around divides amongst the people of India is an enemy of India.

I do not see you as an enemy of India so it was important for me to speak to you. I hope you understand.

Kshmendra

On Mon, Nov 3, 2008 at 11:05 PM, Aditya Raj Kaul
<kauladityaraj at gmail.com> wrote:
> http://www.guardian.co.uk/world/2008/nov/03/somalia-rape-amnesty
>
> *Somalian rape victim, 13, stoned to death.*
> Chris McGreal, Africa correspondent The Guardian,
> Monday November 3 2008
>
> An Islamist rebel administration in Somalia has had a 13-year-old
> girl stoned to death for adultery after the child's father reported
> that she was raped by three men.
>
> Amnesty International said al-Shabab militia, which controls the
> southern city of Kismayo, arranged for 50 men to stone Aisha Ibrahim
> Duhulow in front of about 1,000 spectators. A lorry load of stones
> was brought to the stadium for the killing.
>
> Amnesty said Duhulow struggled with her captors and had to be
> forcibly carried into the stadium.
>
> "At one point during the stoning, Amnesty International has been told
> by numerous eyewitnesses that nurses were instructed to check whether
> Aisha Ibrahim Duhulow was still alive when buried in the ground. They
> removed her from the ground, declared that she was, and she was
> replaced in the hole where she had been buried for the stoning to
> continue," the human rights group said. It continued: "Inside
the
> stadium, militia members opened fire when some of the witnesses to
> the killing attempted to save her life, and shot dead a boy who was a
> bystander."
>
> Amnesty said Duhulow was originally reported by witnesses as being 23
> years old, based on her appearance, but established from her father
> that she was a child. He told Amnesty that when they tried to report
> her rape to the militia, the child was accused of adultery and
> detained. None of the men accused was arrested.
>
> "This was not justice, nor was it an execution," said
Amnesty's
> Somalia campaigner, David Copeman. "This killing is yet another human
> rights abuse committed by the combatants to the conflict in Somalia,
> and again demonstrates the importance of international action to
> investigate and document such abuses, through an international
> commission of inquiry."
>
>
>
> --
> Aditya Raj Kaul
>
> Freelance Correspondent, The Times of India
> Cell - +91-9873297834
>
> Campaign Blog: http://kashmiris-in-exile.blogspot.com/
> Personal Blog: http://activistsdiary.blogspot.com/
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