Travesty
Of Justice - Sudanese Caricature Of The Islamic Law
By
Mirza A. Beg
02 December, 2007
Countercurrents.org
Sadly
a majority of people practice double standards. They tend to judge others
more harshly, but find excuses for their own failings. Collectively,
other races, countries and religions are judged harshly, while we turn
a blind eye to whatever we construe as our own.
I suffer
from a reverse malady. I am sad at injustice to anyone anywhere, but
it offends much more when it is done in the name of my country, society
or religion. That is why abjuring popular sentiments, I am more critical
of injustices done in the name of Islam, the United States and India.
When others
condemn, some times genuinely, and some times maliciously, the knee-jerk
reaction is to criticize the critic that they are equally bad or worse.
I hear this often, when I write about the immoral war in Iraq, based
on lies; the Pogrom by the state government of Gujarat in India or the
horrible things that the Talibanist mentality has done in the name of
Islam.
Recently,
a woman in Saudi Arabia was gang-raped. She was seen in a car with a
person not of her family. She was also found guilty along with the rapists
and recommended punishment under the Saudi Law. That is bad enough,
but to call it Islamic is travesty of truth and reason.
In Sudan,
a British teacher was arrested for the "sin" of helping her
class of seven year olds to name a cuddly teddy bear, Muhammad. Yesterday,
after a court trial, she was sentenced to 15 days in jail, and it is
reported that a crowd was clamoring for a death sentence. In a closed
dictatorial country a crowd does not gather, it is allowed or urged
to gather.
The problem
springs from a misunderstanding of cultural norms. In the West people
often name their pets after the people they love, including their parents,
friends, and even prophets. In the East people give their pets loving
precious names, but not the names of people they love and respect. It
is considered an insult, akin to calling one's best friend or a prophet
a dog or a cat.
All Muslims
consider Islam to be a just and humane religion. The most popular stories
that children grow up with are about the kindness, humanity and mercy
of the Prophet.
One of the
most popular stories is that the Prophet was reviled and cursed by many
Meccans, just after his call to Islam. There was a woman who routinely
threw garbage on him, when he passed through her street. For a couple
of days she did not. He inquired and learned that she had been sick.
His reaction was to go to her house to console her.
A well recorded
fact of history is that after conquering Mecca he forgave all, including
some who had said and done vile things, including a woman, Hinda, who
desecrated the corpse of the Prophet's uncle. There are many other such
stories and recorded historical events.
An average
person may be forgiven for being impetuous, emotional and blinded by
the love for the Prophet, but the Sudanese judge and the government
ought to know better. This is complete ignorance and disregard of the
primary sources of Islamic jurisprudence. It is an insult to Islam,
humanity and justice.
All Islamic
scholars would agree that the Islamic laws are based on four principles,
in the following order of importance, with a strong caveat that the
act is punishable based on intent, and when in doubt mercy over-rides
the blind word of the law.
1. The edicts of Quran.
2. Not finding
in Quran, the actions or sayings of the Prophet, compiled as sets of
Hadeeth by a few scholars about 150 years after his passing.
3. Qiyas
– analogy from similar rulings emanating from the first two.
4. Ijma –
the consensus of the scholars.
In view of the above, as reported, the British teacher was in Sudan
serving the populace. 1-Though the Quran condemns harming or insulting
the Prophet, it does not recommend a temporal punishment. 2- The Prophet
was the best interpreter of Quran. The life history of the Prophet illustrate
that he was kind to even those who insulted or injured him. 3-The teacher
was clearly serving the people and her intent was not to insult. 4 -
Most scholars in the Islamic world would be at variance with the Saudi
and Sudanese interpretation, because not only they violate the intent
and mercy clause, but also the 2 nd principle.
As children
we laughed at a collection of jokes under the loosely translated ditty:
Strange land
- Stupid ruler - they sell - Cow for a dollar - Hay for a dollar.
One of the
jokes was - a very fat man was condemned to hang. The rope was not strong
enough for his weight. So they found a thin man and hanged him, to satisfy
the letter of the law.
That was
a joke, but this is an insult to all sense of justice Islam and humanity.
Mirza A,
Beg can be contacted at [email protected] or http://mirzasmusings.blogspot.com/
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