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BSP Expels Muslim Party Gen.Sec.

[New Delhi] 14-12-09 (bismillahnews). Bahujan Samaj Party Gen.Secretary and Former Rajya Sabha M.P. of Samajwadi Party Mr. Shahid Siddiqui was today expelled from BSP for Critisizing BSP supremo Mayawati’s style of working / functioning. According to the news agencies the National Gen.Sec.of BSP Babulal Kushawa expelled Mr. Siddiqui for his anti party activities.Mr.Shahid Siddiqui’s reaction to his expulsion is awaited as his expulsion from BSP, will open up the pandora box of Mayawati’s rise in public life and the future of her Muslim Dalit Card in Uttar Pradesh?.  [   ‘Money has become everything in BSP’  ] .

http://www.tehelka.com/story_main43.asp?filename=Ne211209mayawati_is.asp

‘Mayawati Is Insecure As A Woman And Dalit’

Shahid Siddiqui, 58, Editor of Urdu daily Nai Duniya, is better known for his political avatar. A former close aide of Mulayam Singh Yadav and Amar Singh, Siddiqui surprised many when he left the Samajwadi Party after it bailed out the UPA on the nuclear deal. He switched to Mayawati’s Bahujan Samaj Party, from which he was expelled without any notice. A relaxed Siddiqui shared rare insights on the woman who runs Uttar Pradesh, saying, “I never wanted to be part of her coterie because to be in it, you also have to be sleazy.” An edited version of an hour-long interview with HARINDER BAWEJA

Any regrets on being expelled?
Joining the BSP was the biggest mistake of my life. I thought I would be working for Dalits, the backward, poor and for the minorities. Minorities are like orphans in Indian politics, especially the Muslims. Muslims cannot form their own party because that will communalise Indian politics. They are taken for granted by most of the political parties. I thought that with the Dalit-Muslim combination, we can create a new politics in India. That did not happen because there is no discussion on policies in the BSP. You are just dictated because Mayawati is so insecure. She is terrified of the slightest dissent or criticism.

Why is Mayawati insecure?
I think she is insecure as a woman and as a Dalit. Whether it was Indira Gandhi or Jayalalitha, most women leaders at the top are insecure. They think society is working against them. They become aggressive and insecure. Another reason is that being a Dalit she may be feeling that she is not accepted. It is a psychological thing.

You seem to suggest that insecurity and women go together.
No. They are targeted for their gender because politics is male dominated. Indira Gandhi was targeted because she was a woman. Women who have come into politics have come because of their male counterparts, whether a father or a brother or a husband.

‘MAYAWATI IS BUILDING STATUES LIKE HITLER OR SADDAM HUSSEIN WOULD. SHE IS A DICTATOR NOT A DEMOCRAT’

Are you hinting at Kanshi Ram being…
(Interrupts) No I’m not hinting at anything. Don’t put words into my mouth. In Tamil Nadu and elsewhere we might have had cases but I’m also not against that. Any relationship that is open and honest is wonderful.

Describe Mayawati’s functioning style
I know Maywaitji since 1984 and knew Kanshi Ramji since 1982 when I went to interview him at Regarpura, where he then lived in a small room. And I have seen how hardworking he was. He was one of the great Indian politicians who had understanding of Indian society. He was a great sociologist. He knew the caste system and how it functions better than most sociologists in this country. His mind worked like a computer.  I have seen him growing and I have seen Mayawatiji growing in his shadow.
But I will give it to her that she built the party in UP, not Kashi Ramji. That is her contribution. And I also respect her because she came up, unlike so many alone. Kashi Ramji helped of course, but in UP it was she who was building the party not Kashi Ramji. So at one point she was extremely open with her workers. She used to mix with them. But once power came, as she became important, she started distancing herself from them, cut them off mentally. I have seen her erecting walls around her. That I have seen. Today she doesn’t want anybody to tell her anything. Even small things like why the towel was not placed on the chair properly. Because every chair, every podium is covered with a towel. She is afraid of touching the bare ground with her bare hands.
For little things she scolds her workers, yet I don’t see anybody really raising their voice. There was a time when people from different Dalit organisations interacted and gave her feedback, but not any more. Nobody in the party knows just who her advisers are… mainly a few bureaucrats. And she has her own mind of course. 
Today they ask me why I’m going to the media. Well it was Mayawati who said you can to the media. You are only person who will be allowed to go to the media and participate in the discussions.

Is she afraid of the media or does she think she can do without the media?
Both.  She is afraid of the media and believes that it is dominated by the upper caste who are anti-Dalits. She would also say, “I have always won despite opposition from the media, so I don’t need them at all.” What I had been telling her was that if you want to expand the party you will need the media. With the Dalits you may be able to do without the media, but today there’s a growing middle class and even people in rural areas have middle class aspirations. So I told her she should try cultivate the media, even set up a media centre. But she totally refuses to do that. The reason, I’m sorry to say, is that her style of functioning is totally undemocratic, and the media asks critical questions. And she cannot take that. She is unable to take that. So that’s her psyche. This could be because Dalits have been oppressed for thousand of years and they think any hint of criticism is an attack on their Dalit identity. And in the party of course nobody speaks.

For public meetings people are brought from all around the state. She herself comes at the last moment like a queen, speaks and goes away. The point is this is happening with most of the regional parties, and not just to BSP. This is because we have given the handle of the anti-defection law to regional satraps as a result these parties, many of them which were movements, like Lalu’s party or the Akali Dal, have turned into family enterprises. The family now has the power to throw out anybody who disagrees with its functioning. So you have this contradiction, where you have a democracy but political parties are autocratic. Once in five years you have elections and for five years you have autocratic rule by individuals – the chief minister or his family or those who are financing them. I’m not speaking against Mayawatiji or the BSP, but generally. I am making an academic point. But it was not taken by them and I am not sorry for that. Mayawati made an announcement, saying she was grooming somebody to take over. Now who is this person?

You can call Mayawati despotic; you can call her arrogant, but you have to concede that she is a grassrooots politician.
Yes, she is… she is… in fact she was. She was a grassroots worker for nearly 20 years. But after she became chief minister three-four times she grew so fond of these trappings of power that she gradually got cut off from the grassroots. No party worker can meet her anymore. Even as general secretary, I could not meet her. I made hundreds of calls to Lucknow but still could not talk to her. You just talk to Babu Singh Kushwa she says, and he says “OK, karenge karenge, baat karenge”. You cannot talk to her. Even in the Samajwadi Party and the Congress you have meetings. The decision may be taken elsewhere, but there is at least a pretense of democratic functioning. Here you don’t even have that much. She says, “Hamare samaj mein aise hi chalta hai.” Thing is each time she came to power lots of her partymen defected, and this has made her extremely wary. This is why she keeps such an iron grip on the party. Her reasoning is: “If I permit the slightest dissent today, tomorrow a hundred more will be dissenting. So nip the trouble in the bud.”

You said that in the BSP one gets orders from the top and no discussion takes place. What kind of orders did you receive? Say I’d be told to go and campaign in some area or support somebody or… that’s it, and it happens very suddenly: “You have to be in Lucknow at 9 am tomorrow.” Now come what may, wherever you are in the world, you’ve got to be there. You wait there, she comes, she makes her speech and goes away. Most of the information comes through the party coordinators who are briefed by people like Nasimuddin Siddiqui or Kushwaha. There is no system.

In your 17 months in the BSP, how often did you talk to her?
Thrice

That’s it?
Yes. And that too with difficulty. In the BSP, there is no pretense of democratic functioning. She is afraid because she has faced defection in the past.

You have never had a one-on-one discussion with her?
No, I had. But it was always on an individual basis, like the one at her house in Delhi in her house where she was very nice to me, very open. We sat for hours together with her brother’s kids, they playing with her and I with them and talking to her. I must admit that she has throughout been very respectful to me. The reports that she misbehaves with her party workers are not true.

Is Mayawati worried about the Rahul Gandhi factor in UP?
Yes, she seems to be very worried. The thing is the Dalits came to the BSP with lots of aspirations. They support the party blindly thinking it will pull them out of their thousands of years of misery. But now she is giving tickets to many people from other classes, and most of them are rich. They finance election campaigns and pay the party bosses, and so they are extremely arrogant. They have no respect for the common man or the rank and file. And they want returns for their investments. They don’t give a damn about Dalits. They take them for granted thinking they will get Dalit votes anyway. Since other parties do not think they will, where is the point in spending money on them? This is causing resentment to build up not only among the Dalits, but also educated people. I find people very unhappy with BSP MLAs. But Mayawati is afraid of taking action against any legislator because she fears that if she does they will all unite to unseat her. This is why she sidelined SC Mishra. There was a rumour that he was hobnobbing with the Congress to become the CM. Legislators are minting money, using the bureaucrats. The ground situation in UP is terrible. Mayawati has reason to be worried, because if the situation is not controlled then, the BSP too could go the SP way. She may have won in the by-elections by using State power and money, but in the next elections even the Dalits may begin to move away from her.

Like her administration prevented Rahul from visiting the university…
See my take is that if people have to fight the Gandhis they need to do it politically. We must organise rallies and go and work among the Dalits, because every one is ignoring them. By stopping Rahul like this she is only strengthening the Congress.

Did you tell her this?
I did, but I had to wait for nearly six months to be able to do it. I had wanted her to support the Ganga Nath Mishra Commission report. Under the Kashinath Memorial Awaas Yojana houses are being built for the Dalits, but the Muslims, most of whom are homeless, are not included. I had pressed for a 15-20 percent housing quota for Muslims. I said do not reserve anything but tell the bureaucracy that you want these many Muslim names otherwise if the list is to be cleared. This is what Bahuguna had done in his time, but she just comes back to the single point, “Tumhare Mussalmano ne vote kyun nahin diya.” Every time you meet her she says, “Tumhare Mussalman gaddar hain.” So when I realised that I could do nothing for the Muslims, the Dalits, Indian politics or go speak to the media I quit. Some would say that you are speaking now because you are bitter about the experiment.
But that is natural because when I spoke out I was expelled. Now that I have been expelled, I can speak freely.

You spoke to the media, but did you speak to her?
Many times. I told Nasimuddin Siddqui, SC Mishra, Kushwaha and others that this was not the right way. I told her on telephone a couple of times that we must have a plan to bring together the minorities. Earlier, when I had joined the party, I gave her notes about how we should go about it and she promised that she would implement it. But she did not. Later she said that since Muslims had not voted for her, what was the point? I told her that Dalits also started voting for you only gradually. It is a fact, though, that Muslims are not attracted to the BSP. They have moved away from the SP but they are not coming to the BSP, and the Congress is trying to cash in on that.

But why aren’t they coming to the BSP?
Because they feel that the BSP has no place for Muslim leaders. They need somebody to tell their problems to and she is not ready to do anything about their development, growth and backwardness.

Where from do BSP legislators and MPs get so much money?
I don’t know if they have the capacity to pay or to win. What I do know is that they in some particular area they will give tickets to a particular caste, because in the neighbouring one another caste has benefited. This is called caste engineering and not social engineering. The media uses the wrong word. Each time you meet Mayawati you have to pay in lakh. It’s a total money game. You can’t survive in the BSP unless you make illicit money, and then don’t give it up.

How did you survive for 17 months?
I survived because I stayed away. If you tell them that you are bringing something on her birthday you will get faster appointments.

You have always been in parties where individuals have mattered more, like Amar Singh who dominates the SP.
When I joined the SP, Amar Singh was not that dominating. There were discussions. There were a lot of socialist leaders then. What I am saying is that with this anti-defection law, leaders think they can get away with anything, because defection requires two-thirds majority. Where MLAs do not have any influence they have to move like sheep. That is why people like Mulayam Singh, Lalu Prasad and Jayalalithaa are where they are these days. People saw how they became so powerful. Karunanidhi was not so powerful 6-7 years back. Today his family is. The media should study this phenomenon. I am talking about this and facing the music. I was a journalist and continue to be one and so I ask these questions, look at things differently. That is what I am doing.

What is Amar Singh’s hold on Mulayam?
That nobody has been able to figure out. Even if a senior leader makes an innocuous remark about Amar Singh, he is made to apologise publicly. If somebody says “aap bahot accha kaam karte hain par thoda sa bollywood se door rahiy,’’ it will be enough for that man to be humiliated. Mulayam Singhji has total faith in Amar Singh.

What is the reason for this?
He controls the finances and these poor people who come from regional caste-based parties don’t know how to manage their finances. They were not getting money from the big industries. If you have people like Prem Gupta or Amar Singh and they have a role to play, then… They were there in politics earlier too, but they were not party leaders then. Today money is so important in elections that no leader can survive without pots and pots of it. People who can manipulate and manage money are welcome in any party and become powerful day by day.

Just two days, before the nuke deal you switched allegiance to the BSP and told me that Muslims do not vote on issues related to foreign policy.
That is true. For me the nuclear deal was very important, but for ordinary Muslims it may not be because they don’t vote on such issues. Muslims voted for the SP and the Congress. They didn’t vote for parties opposing the deal like the CPM. Look anywhere around you, Indians don’t vote on foreign policy issues; but that does not mean that I should not have my views on it. I felt the nuke deal was not in the country’s interest. Everybody, including Mulayam Singh, agreed but suddenly there was a switch. It was a deflection of the party from its own ideology. Now they agree with what I said. They say that it was a mistake to support the Manmohan Singh government and the Congress on the deal.

Why did Amar Singh take that decision?
That’s what I wanted to know. They told me this is politics, you won’t understand. I don’t know how the nuke deal can be politics because it involves the country’s future, its environment’s future, its generations’ future. Energy security is extremely important for India, but there should be no investment in nuclear energy. We will need it after 30 years. Right now it is solar, hydro and wind energy that we require. I got so involved with the issue that I went to the US to study the whole energy security question. How was the West planning its energy requirements? Suddenly I was told that I was wrong.

Why did you lose Bijnor?
There were two reasons. First, I did not have money. People before me had lots of money and the media was for sale. The media played a big role in defeating me because I did not have the money to pay them. So you get negative reports, get blackmailed openly by the media barons. They told me that for not publishing damaging news about me “aapko 25 percent ka discount ho jayega”. The person who was contesting before was part of the mining mafia – Avtar Singh Bhadana – who was spending crore of rupees. He came from the SP, then switched over to the NCP. Secondly, the BSP coordinator worked overtime to defeat me. He told every MLA, “Agar yeh jeet gaya to tum sabko agla ticket nahin milega.” I got the DM changed to an honest one. I saw that many of the trucks were impounded. They were making money from the traffic movements between UP and Uttaranchal. I got that stopped. Here I was fighting to stop corruption, but then I saw that my own party people were totally corrupted. I was defeated by 20,000 seats. I got more votes than most of these people. Five MLAs who were working there had done nothing, and I had to face the music for them. There was no electricity or development. People are angry. UP is in a real bad shape
.
So these MLAs were able to work against you despite knowing that Mayawati wanted you to win?
Mayawati called them, but they did not bother. She told me that she would take action against them. But after the elections she said, "Abhi kuch nahin kar sakte, ye bhaag jayenge."  These MLAs only want their family members in the party, no one form outside it.

What is Shahid Siddiqui’s political future now?
 The future is very bright. Political activists who can speak their mind should come together and form a group, rising above party divisions and working for better governance and delivery. I feel democracy has failed somewhere. It is not just about collections. Corruption is eating into the core of our democracy. You can’t fight it unless you can rise above party divisions. There is autocracy in the parties, which needs to be fought. We have a semi-feudal democracy, and I have believed this to be true for years. I would like thinking people, not just those who are in politics but also those who say that corrupt people have spoilt politics, to come forward.
 
What about the SP?
 I am not going anywhere right now. I am going to enjoy my freedom. If the SP democratises and changes itself, then I will welcome that. I feel regional parties are most important because India is a federal society and it has to be decentralised. There are so many interests that they can’t all be handled by a single party, so we need regional parties. And these need to interact with each other. Because of the anti-deflection law you can’t say anything in Parliament too. Earlier you used to have 200 days of Parliament sessions; now there are hardly 80-90 days. Nobody cares. Where is the point in wasting the nation’s time in discussing things in Parliament if you can’t convince or be convinced? I believe that neither does Parliament nor our parties offer a platform. What kind of democracy is this? So I believe if I join a party again my voice will be stifled.

WRITER’S EMAIL
shammy@tehelka.com

 
From Tehelka Magazine, Vol 6, Issue 51, Dated December 26, 2009

 

July 22, 2008, was a crucial day in Indian politics. The United Progressive Alliance [ Images ] was facing a trust vote in Parliament. The buzz was that the Samajwadi Party, which was against the nuclear deal since then and whose leaders were opposed to the first family of the Congress, would step in to save the government.

But on the eve of the trust vote, the SP’s veteran leader Shahid Siddiqui [ Images ] switched to the Bahujan Samaj Party, sparking fears in the ruling combine that he might take a chunk of votes with him. But things did not go the way Siddiqui planned, and the UPA survived the crucial vote.

The BSP did not fare well in the Lok Sabha polls either and he, too, lost the Bijnore seat, considered a BSP stronghold.

On December 13, the Indian Express carried a report where he criticized Mayawati [ Images ] of being autocratic. "Mayawatiji comes, speaks and goes, there is no discussion," he was quoted as saying.

Within hours, the BSP announced through a senior leader that Siddiqui has been expelled from the party.

In an interview with Krishnakumar P hours after the news broke out, the journalist-turned-politician speaks out yet again against Mayawati.

How and when did you get to know of the expulsion?

From people like you. I received it from the media. I was not served a show-cause notice. Nobody from the party spoke to me.

Did you expect such a reaction after the newspaper report.

The party didn’t even ask me about what I said in the interview. I was at a seminar about anti-defection laws at a hotel in Delhi [ Images ]. After the seminar, a reporter asked some questions. To one of those, I said there is no democracy in parties these days. He asked whether it included the BSP too. I said yes. Then regarding the quote about Mayawati treating people, I said she used to sit on the floor those days. But these days she invites visitors and unko kursi mein bhitathi hain’. I did not say anything wrong about her. 

If that is the case, will you take up the issue with the party leaders?

Not now. I have been expelled. This only proves that there is no democracy in the functioning of parties. You can’t have a democracy for the people and autocracy for leaders. This is not good for democracy. My politics will be to improve the functioning of the parties.

The party release, regarding your expulsion, says you were angling for a Rajya Sabha seat after failing to win the Bijnore Lok Sabha seat.

They will always say that. But the truth is when I joined the BSP, Mayawati offered me a Rajya Sabha seat. I declined it, saying I prefer to contest elections. I prefer to be elected, not nominated. But when I contested, the party workers — at the middle-lower level — worked against me. I was not ready to spend money and they demanded money. I don’t want to use money in politics. Unfortunately in the BSP, money has become everything. There is a mafia working in the party that controls everything.

Whom are you referring to?

I will not pick names.

When you joined the BSP, you said the SP was not doing anything for Muslims. You said in the BSP, you will work for the community. What will happen to that agenda now?

That agenda didn’t work. At the time of the Lok Sabha elections, Mayawati said many things about bringing about development for Muslims. When they did not vote for her, she started blaming Muslims. She is not interested in Muslims at all. She has no plans for them, which became obvious the way she speaks about the community. She speaks in derogatory terms when she speaks about Muslims.

When I joined the party, I thought she would work for the betterment of Muslims and Dalits. But then, she was only interested in their votes. She has done nothing for Muslims in the two-and-a-half years she has been in power.

The reasons you have given now - that Mayawati has changed — that has not happened overnight. She has been like that for a long time. Definitely she is very much the same person that she was before you joined the party. So, isn’t your logic flawed?

I have known Kanshi Ram for over two decades and I have seen Mayawati from the 80s. She has changed a lot….

That could be true. But she hasn’t changed in the last few years, when you joined her…

True. When there were reports about her style of functioning, I thought it was a media propaganda. When I left the SP, she said you will have all the freedom. She made me the general secretary. I expected a lot from her. I never expected this kind of autocratic functioning. I thought it was all propaganda. It was a mistake on my part. I believe that Dalits and Muslims are equally backward and that something needs to be done for these two communities. She doesn’t think so.

Will you go back to the Congress (With whom he was till he joined the SP) or the SP (from where he came to the BSP 15 months ago)?

I will not join any party. I told you. I will work for democratisation of our political parties.

Krishnakumar P

 *****

                     BSP expels Shahid Siddiqui for criticising Mayawati- HT

                     Mayawati expels Shahid Siddiqui from BSP- Yahoo News

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Mayawati expels Shahid Siddiqui from BSP- IBN

                    BSP expels Shahid Siddiqui for criticising Mayawati ToI

 

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Muslim women entitled to maintenance even after iddat SC 

http://www.expressindia.com/latest-news/Muslim-women-entitled-to-maintenance-even-after-iddat-SC/550030/

 

Supreme Court

 
 

 

New Delhi In a significant ruling, the Supreme Court has held that a divorced Muslim woman who has not remarried is entitled to maintenance from her ex-husband even after the "iddat" (three months) period.  

A bench of justices B Sudershan Reddy and Deepak Verma rejected husband Imran Khan’s contention who cited the Muslim Women (Protection of Rights on Divorce) Act, 1986 and claimed that his divorced wife Shabana Bano was not entitled to any maintenance allowance after the ‘iddat’ period as held in the sensational Shah Bano case.

The apex court held that under Section 125 CrPC and 7 of the Family Courts Act, 1984 even a Muslim woman can claim maintenance from her husband as long as she is not remarried.

The ruling assumes significance as the bench quashed the ruling of a trial court and the Madhya Pradesh High Court which had taken the view that a Muslim woman is not entitled to maintenance after the ‘iddat’ period.

"The appellant’s petition under Section 125 of the CrPC would be maintainable before the Family Court as long as appellant does not remarry. The amount of maintenance to be awarded under Section 125 of the CrPC cannot be restricted for the iddat period only," the bench observed.

"It crystal clear that even a divorced Muslim woman would be entitled to claim maintenance from her divorced husband, as long as she does not remarry. This being a beneficial piece of legislation, the benefit thereof must accrue to the divorced Muslim women," the apex court said citing the judgements in the Danial Latifia and Iqbal Bano cases. 

******

History and Legal Character of Islamic Laws in India - By Ahmed Sohail Siddiqui  

            25th Nov’09

 

                   Till 1803 India under the Muslim rule was Darul Islam in principle if not in practical and even under the Company Bahadur, the rule was from Delhi’s Muslim King’s throne, though in name sake. The system Shari at Court and Fatwa’s prospered in these times. After the 1857 revolt these practices came to an end and Muslim Qazis shed even the pretence of legal authenticity attached with this post, voluntarily realizing the end of Darul Islam and Muslim rule in India.

 

                       In 1880, Sir Syed got the Qazi Act passed with limited powers of Nikah and Rueyat Halal (citing of moon with certification by Qazi for Muslim rituals and religious festivals).

 

                    Darul Qaza or the Shari at courts or the Shari at Panchayats or Muslim Institutions working under the name of Shari at  Adalats and even the Christian Family Tribunals do not have   any legal status in the present Indian Constitution. However, since 1939 there has been a consistent Democratic effort from the Indian Muslims to get some sort of legal recognition or validity for the Shari at Adalats and changes in the Qazi Act 1880, with out any success.

 

                        Time and again Hon’ble Supreme Court has been approached because of the propaganda by the Communal Hindu Organizations that Muslims in India have to be Indianised i.e. Hindunised, hence any semblance of legal sanction to their right to Personal Laws be done away with. May Sense prevail Upon the so called educated to not trample with Fundamental Right to practice one’s Religion granted by the Constitution to the Indian citizens.

 

                       What Shari at Laws are in practice in India? What Shari at Laws are in practice in Muslim Countries? To Illustrate two examples of Shari at Laws namely, Laws on Adultery and Laws on Slander, are in practice in Muslim countries but not in India today or even during the Muslim rule in India.

 

           Adultery & Slander

                   The legal basis of Various punishments of Hudood, Qisas and Tazeer need to be Understood in the right Spirit and facts by the protagonists of closing down Shari at Courts and Opponents of Islamic Shari at. By legal basis, we mean the arguments of Quran and Sunnah on which the legality and authenticity of Islamic punishments are based. Hudood according to their basic and generally accepted classification are seven in numbers: 1.Adultry. 2. Slander - false accusation of Unchastety. 3. Theft.  4. Robbery. 5. Drinking. 6. Apostasy.  7. Sedition.

 

                      “Adultery” i.e. alzina – the definition of adultery Unanimously adopted by Muslim Jurists of Various Schools of Law is: “Adultery – Alziza – is the sexual Intercourse committed by a man and a woman who are neither married nor do they suspect that they are married to each other and the woman is not a lawful concubine(secondary wife) of the man either.” This definition relates to the form of adultery liable to Hadd. The essential ingredients and constituent elements of this crime are : (a). Maturity (b).Sanity (c).Volition (d).Knowledge (e).Absence of doubt and suspicion (f).Penetration

                 (1)   Adultery committed by an unmarried person.

            (2)   Adultery committed by a married person

 

                  Punishment:

                       (a)    Hadd punishment for the adultery committed by an unmarried person, male or female, is one Hundred Strips ( expressly based on Quran) (b) Hadd punishment for the adultery committed by a married person, male or female, is stoning to death.(Rajam) (expressly based on Prophetic Sunnah). In order to prove the crime of Adultery liable to Hadd, the required number of  witness are four.

                Here we will also discuss Slander (false accusation of Unchastety).

                  “Accusation of adultery against a person is liable to Hadd and who ever by words, either spoken or intended to be read, or by sign, or visible representation, makes or publishes an imputation of Zina i.e. rape concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm the reputation or hurt the feeling of such person is said to commit Slander.

 

                    The Condition of lawful establishment of Slander are five (1) Person who is accused of slander should be same (2) The accused should be an adult person so that he or she can be charged with the allegation of slander (3) the accused should be a Muslim, on non- Muslims, the prescribed Hadd will not be awarded to the slanderer (4) the accused should enjoy a good moral reputation. If accused already possesses bad reputation, slanderer should be awarded the punishment of Tazeer and not Hadd. (5) There is a difference of Opinion in reference to the slave slanderers. But according  to Imam Malik and Jurists of Zahiri School of Law, irrespective of master and slave. Irrespective of Status, the slanderer should be awarded the Hadd.

 

                               Punishment : The Holy Quran has prescribed eighty Strips as punishment for the slanderer.

 

                       As can be seen and Understood from above, the present Shari at Courts ( DARUL QAZA’S and DARUL IFTAAS) Operating all over India are in no way a threat or parallel to the legal Justice System being followed in the country. In last thousand years of Muslim presence in India not a single case of stoning to death or stripping has taken place. How can then we believe parallel Courts are Operating in India?

 

                       (Author can be contacted at: siddiquiahmedsohail@gmail.com)

  

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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