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From: ams@philabs.UUCP (Ali Shaik)
Newsgroups: net.nlang.india
Subject: Re: Muslim Personal Law " shariat "
Message-ID: <616@philabs.UUCP>
Date: Mon, 10-Mar-86 11:36:07 EST
Article-I.D.: philabs.616
Posted: Mon Mar 10 11:36:07 1986
Date-Received: Thu, 13-Mar-86 08:04:50 EST
Reply-To: ams@philabs.UUCP (Ali Shaik)
Organization: Philips Labs, Briarcliff Manor, NY
Lines: 59
Keywords: politics, religion, law,...


>the turmoil the Muslim community in India is
>undergoing due to the controversial judgement
>issued by the Supereme court restoring alimony
...
>judgement has been so bitterly opposed by the clergy
>" Mullas " as no others has been in recent times.

    I read "India Abroad" over the weekend, they have a report on this
    too. It seems Gandhi got some sort of discussion going among various
    groups, and the result is a proposed bill which would amend sec.
    125 of the Indian Penal Code (this would make it impossible for
    women like Shah Bano to obtain reasonable alimony through 
    the courts, and also anull the award by the Supreme Court in
    her favor). The minister for Energy a Mr ?Khan?, quit over this
    issue: he felt he couldnt continue in the Gandhi govt after this
    proposed bill (is this a try by Mr G. to get back the muslim vote?).
    Womens groups have protested against this bill.

    Now I can understand some amount of paranoia in the
    Muslim community, about the Hindu majority trying to 
    interfere in Muslim (religious) affairs, but fighting the alimony
    decision is simply ridiculous. It falls entirely within the
    area of civil rights of women, and everyone should accept the
    Supreme Court decision. Some might say this is interference
    with Muslim law: I would like to mention that other 
    "fundamental" tenets of Islam, like the need to have an 
    Islamic State, are out of place and cannot be satisfied
    in India (*neither* for that matter can we have a Hindu State, 
    or Christian State, or Jewish State in India). Muslims
    in a democratic country such as India have an opportunity,
    existing in very few places around the world,
    to evolve an Islamic community which is free of some of the
    outdated fundamentalist notions.

    Having a name like "Ali Shaik," (with or without the Bangalore)
    I do not want to appear to beat up on the Muslims in India:
    what I am against is unfairness based on religion, be it among 
    Muslims or Hindus or Christians or Jews.
    So I would like to have more discussion on
    this topic, including info from those knowledgeable about Hindu law.
    Those who followed the stuff about Manu, etc would know all is
    not well there either. Specifically, property rights of Hindu
    women are pretty bad, aren't they: is it true that property
    would go to the eldest son rather than the widow? and that property
    is divided unequally among sons& daughters (sure, this holds
    among Muslims too..). And what correlation does this have with
    the dowry system: do lower property rights lead to lower
    "economic worth" of women?

    And last but not the least, much as I am for the things
    Mr. Gandhi seems to be doing these days, supporting the mullahs
    on this issue would be grounds to vote anti- Cong(I). Is he
    afraid of communal violence, or of losing the votes? The
    Minister for Energy deserves much support for both his views
    and his resignation.

    Ali Shaik          ..ihnp4!philabs!ams
	       ..ucbvax!/