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From: raghu@ut-sally.UUCP (Raghu Ramakrishnan)
Newsgroups: net.nlang.india
Subject: Religion-independent laws on marriage etc.
Message-ID: <3817@ut-sally.UUCP>
Date: Sun, 15-Dec-85 19:25:01 EST
Article-I.D.: ut-sally.3817
Posted: Sun Dec 15 19:25:01 1985
Date-Received: Tue, 17-Dec-85 05:04:24 EST
Organization: U. Texas CS Dept., Austin, Texas
Lines: 27

> From K. Subbarao at Maryland:  (summary)

> Shouldn't there be laws forbidding 'unfair' practices even if they have
> religious (or other widely accepted) sanction? Examples - polygamy and
> male-biased divorce customs in Islam, faith-healing of children elsewhere.

   Is it good for the state to have power in matters that represent individual 
choice? The only justification is the protection of the choices of 
others. But no one is compelled to remain a muslim. The nub of the matter 
is that there are individuals who wish to remain muslims, but who 
feel victimised by some of the practices it sanctions. But if laws
are passed to protect them against these practices (because the legislators
agree that these practices are unfair) don't these laws place restrictions
on what Islam is permitted to be? What about those who wish to practice
Islam in its original form? Aren't their choices compromised?

   I think the change should come from within. If large sections of the
muslim community feel strongly about these customs, sooner or later a
new denomination of muslims will appear (if one does not already exist!)
with customs in line with their thinking. If a traditional muslim feels
victimised, (s)he then has a viable choice.

   Such laws are only justified when the victims are incapable
of making choices. The faith-healing of children is a case in point.
But even here, there is a presupposition that the state knows what
is 'good' and that makes me uncomfortable (although I would probably
be in favour of this particular law).