[Reader-list] Islamic State

[Ram Prasad Sharma]

Dear Naeem

The list of mails on this particular topic is very long, so hope this mail
does not frustrate others on the list by its addition on the topic.

My views:

1) A religious code like Shariat should not be a mode of law or used as a
system forcibly on people in order to make them conform to certain way of
life. Human beings are not commodities that they have to conform to certain
specified standards of behavior or customs in order to be considered as
human beings (except moral on which differences amongst individuals and
societies exist). The acceptance of any religious code as a mode of law or
system of law and jurisprudence must be based on its acceptance by the
public (ideally through a referendum) which must first be accompanied by
public demand for it, debates and proper discussions in a democratic setup
and space, and certainly must allow all to express views. Furthering of
private interests with total disregard for the public must and should not be
tolerated at any cost.

2) Respecting the minorities is an important condition set aside not only in
the Indian Constitution but also in many other Constitutions across the
world. Infact, even assuming it were not there in the first place, the
acceptance of human rights as a very important aspect of human livelihood
(survival and dignified existence) requires the principle of accomodation
and understanding of people on various issues and their behavior.

However, this does not mean a compromise on the standards by which people
are to be judged. People across a state must and should be judged on the
same standard as per the principle of equality. Therefore, two different
systems of laws in accordance with two different communities is a violation
of it. What needs to be done is a comparison of the formulations of the
code, the law as it stands (or should stand), and a comparative rational
analysis of the betterment of the society and their constraints and
successes in meeting that objective. Ultimately, a public forum should
witness debates and discussions on this issue in an informed, legitimately
accepted, and rational democratic way with everybody given choice to speak
or not to speak.

Regards

Ram