A court in Muzaffarnagar on Thursday held Ali Mohammed guilty of raping his daughter-in-law Imrana, over a year after the case sparked a nationwide furore when a panchayat ruled she should leave her husband.
In a packed courtroom, District and Sessions Judge R D Nimesh held Mohammed guilty for raping Imrana, a resident of Charthawal village in Uttar Pradesh.
The much debated Imrana case came to its logical conclusion on Thursday when the district judge of Muzaffarnagar pronounced a 10-year jail term Imrana’s father-in-law, who had raped his daughter-in-law in May 2005.
The court also slapped a fine of Rs 10,000 on Mohammad.
“Out of this money, Rs 8,000 would be given to Imrana,” Government counsel Raj Bahadur Singh told rediff.com over telephone from Muzaffarnagar.
Yusuf has recollected his memories of the case and has come up with his arguments against the inane judgement passed by the revered muftis
It just belies my imagination that how can three Muftis of Dar-ul-Uloom, Deoband even attest to such a fatwa. No one needs to be a Mufti in Islamic Shariah to understand that this Fatwa is inherently flawed and against all principles of Islamic Justice. Rape is not Adultery. It seems Islamic Jurists in both Pakistan and India dont either know what rape is or they dont understand what adultery or zinah is. Rape is zinah-ul-jabr (Adultery by force). Here one who commits rape is the Adulterer and one who is raped is a victim. How can a victim be punished for adultery or her marriage declared annuled? She did not get raped by her choice. This act was forced on her.
He then questions the very basis of this Fatwa which fails to differentiate rape from adultery.
It has come to light according to Islamonline that in old books of Hunafi Fiqh (The School of Thought) rape is also considered adultery. This view is rejected by all other schools of Islam – Maliki, Shaffi, Hunbali, and even the Shia School of Thought – Jaffri. I havent read the old books of Hunafi Fiqh and so I dont know if that statement is true or not. But if it is true then we should discard this view as it is not being supported by any other School of Thought. Even a famous Hunafi Scholar in India Maulana Akhlaq Husain Qasimi has asked for ijtehad on this matter. The Scholars of other schools of thought found the arguments given in favour of rape also being considered an act of adultery for the victim and her subsequent annulment of marriage very weak.
Islamonline has also come strongly against the fatwa and said it has no basis at all in either Quran or Sunnah or Shariah. A Rape Victim should be treated with utmost respect and she cannot be victimised for the crime committed on her even if it has been done by her father-in-law.
He concludes by
In the meantime the educated Muslims of India should counteract such media frenzy of distortion of Islam. The onus is upon us as Indian Muslims to be vociferous and active in weeding out any propaganda against Islam in the media and present a true picture of our faith. The so-called Muftis should help Indian Muslims in this regard and not make our life difficult.