As
in many rural areas in the Subcontinent, a local elders council (panchayat)
was called in the village June 15 to deliberate over the issue. A local maulavi
(scholar) told the panchayat that after the incident the woman
was haram (forbidden) for her husband as she is like his
"mother" now and that she should marry the rapist.
The
panchayat was described by the media as a "Shariat Panchayat"
as if a meeting of Islamic scholars had taken the decision, which is not
true. Naturally the woman refused this grand gesture and moved out to
live with her brothers in a nearby village. Noor Ilahi, a rickshaw
puller, could not stand the attention and fled from the scene.
Next
day, June 16, the 59-year-old father-in-law was arrested by the police
on rape charges and sent on judicial remand for 14 days.
While
all this was going on, neither the woman nor her husband had complained
to the police. It was only two weeks after the alleged rape that the
woman made a complaint to the police and an FIR (first information
report) was registered. She appeared before a civil court in
Muzzafarnagar June 20 to make her statement.
"No
Rape"
That
was the time for political meddlers to exploit a situation for their
benefit, as usual. A Delhi-based secularist women’s outfit called
Muslim Women Forum sent two representatives June 20, to meet Imrana.
They bribed her with five thousand rupees and asked her to say to the
media and police that she would not accept the ruling of Shari`ah
(Islamic Law) and would only go for the civil court's judgment to
safeguard her rights.
On
June 30, Dr. Tasleem Rahmani, president of the Muslim Political Council,
called a press conference in Delhi in which he showed a 3-hour video in
which Imrana appeared saying that no rape had taken place, that she was
given five thousand rupees by a "feminist organization".
Rahmani
said that the case was blown out of proportion to malign the Muslims and
the Shari`ah. He planned to file a complaint in the Press Council of
India against "irresponsible" reporting. Most newspapers and
channels chose not to carry Rahmani's statement.
Fatwa
Then
comes the role of some religious people to unintentionally fuel
anti-Muslim media. A Noida-based Urdu newspaper, Rashtriya Sahara, asked
the mufti in India's premier Muslim seminary, Darul Uloom Deoband, to
give his opinion.
The
mufti, Maulana Habibur Rahman, without ascertaining the facts of the
case or going to the area or sending someone there to find out the
truth, issued a fatwa on June 25, saying Imrana "is now haram
(forbidden) for her husband and should leave him".
"We
have obtained a copy of this fatwa and asked Mufti Habibur Rahman
certain questions. He was unable to counter our argument that the
Qur'anic injunction ("And marry not women whom your fathers
married…" 4:22) does not apply here," says this
correspondent.
"The
mufti gave us some references to support his view but when we read them,
they did not seem to support the mufti's interpretation which is the
opinion of some Hanafi fuqaha (scholars) who consider rape also
as a cause for prohibiting such marriages.
"We
confronted the mufti again. This time he referred us to another maulana
who, he said, was present in the meeting when the decision was taken. We
asked him, why should we go to someone else when he (Mufti Habibur
Rahman) had signed the fatwa. Seemingly he was not pleased with our
argument and asked us to write down whatever "problems" we had
in mind. We did this promptly and are still waiting for his reply."
Other
schools of thought like Shafi`i, Maliki, Jaafari Shia and Ahl-e Hadees
reject this interpretation, as they hold that only legitimate marriage
is meant in the Qur'anic injunction and a crime does not change the
rule.
Just
one day after our interaction June 29, the mufti's office announced
Friday, July 1, that the previous fatwa was not about Imrana, which is
factually incorrect. While the name "Imrana" is not mentioned
in the question to which the fatwa was given, her village and district
are mentioned. Moreover, the July 3 issue of Rashtriya Sahara
Urdu newspaper carries an article by Mufti Habibur Rahman which
explicitly mentions the name of Imrana and pronounces the same opinion
he earlier expressed in his fatwa.
The
All India Muslim Personal Law Board, too, has now distanced itself from
that fatwa and will soon reconsider the issue, says IOL correspondent.
Political
Chance
Political
parties were also quick to take advantage of the issue in order to
indulge in their usual pastime of attacking the Muslim personal laws and
repeat their age-old demand to force a "Uniform Civil Code" (UCC)
applicable to all citizens.
True,
UCC is a "guiding principle" laid down in the Indian
Constitution's Article 44, but at the same time personal laws of various
communities including Hindus are respected and the stated policy of the
government ever since independence has been that the personal laws will
not be changed unless the demand is made by the concerned community
itself, according to IOL correspondent.
Various
communist, socialist, and rightist parties repeated their demand to
enact UCC. The most vociferous was the beleaguered Hindutva leader LK
Advani who thundered Friday that "Muslim laws must change".
The
Imrana issue had given a strong stick for the Baharatiya Janata Party (BJP)
to beat "pseudo-secularists".
"No
civil society can accept the treatment being meted out to Imrana, the
victim of a heinous crime, by scholars. The ulemas (scholars) must
reconsider their decision to ensure that dignity is restored to Imrana,”
said Advani.
On
June 28, BJP general secretary Arun Jaitley said in a specially convened
press conference that "the entire nation is concerned over recent
developments in relation to the case of Imrana, a helpless victim of
rape allegedly committed by her father-in-law." Jaitley demanded
the implementation of UCC, saying that Imrana's case shows that
"obnoxious religious practices [are] still prevalent. … This is
wholly unacceptable under any civilized notion of the rule of law."
President
of the Vishwa Hindu Parishad (World Hindu Council-VHP) Ashok Singhal
said that "the time has come to quash the Muslim Personal
Law."
Marxists,
too, joined the fray. Communist Party of India (CPIM)'s Brinda Karat on
June 27, said that it’s a “shocking example of how contractors of
religion can bulldoze the constitutional rights of a citizen."
Congress
Party spokesman Abhishek Singhvi announced on the same day that "Fatwas
are irrelevant." Replying to a question, Singhvi said if there is a
crime involving a person of any religion, caste or creed, then it is
dealt under the criminal law and fatwas or personal laws become
irrelevant.
A
delegation of the National Commission for Women visited the victim on 30
June. It demanded a speedy trial and appealed against politicization of
the incident. Commission chairperson Girija Vyas, a Congress leader,
said that "the issue should not be politicized but treated on
humanitarian grounds." She said that the "Constitution is
supreme."
Personal
Laws
According
to IOL correspondent, it is a fact of life in India today that all
possible liberties are taken where Muslims are concerned. The media does
not take the same freedom when it comes to other communities. The same
media was repeating ad nauseam that the AIMPLB was supporting the
Deoband fatwa when only a certain member of the board, a laywoman, had
done that. Uttar Pradesh minister Azam Khan said July 1, that in the
guise of the Imrana issue, the media is targeting Islam. "There is
an attempt behind this conspiracy to malign Islam and Muslims," he
added.
On
July 1 the AIMPLB distanced itself from the Deoband fatwa and said that
a meeting of its working committee would be called to deliberate on the
issue. Next day Syed Shahabuddin, president of the All India Muslim
Majlis-e Mushawarat (AIMMM), came out strongly against Advani's
outpourings. He said that the AIMMM condemns the political exploitation
of the Imrana case by the BJP to promote its long-cherished agenda of
religious assimilation of the Muslim community through imposition of a
common civil code in substitution of its Shari`ah-based Personal Law.
The
storm over Imrana will die down as time passes, but forces which are
ever ready to use any handle against Muslims will soon find some other
issue and blow it out of proportion unless leaders of the Muslim
community are ready to meet the challenges and adapt to the demands of
the modern times and requirements of natural justice.