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at she should divorce her husband, give up her children, who are aged seven to two, and become her father-in-law’s second wife.

Local clerics backed the ruling, sparking a storm of protest. Mrs Ilahi appealed to the All India Muslim Personal Law Board after it condemned the decision. The board ruled on Monday that, although Mrs Ilahi should not have to marry her alleged attacker, she must be divorced from her husband and return to her parents’ village. Further, her husband should be given custody of their children.

“Imrana’s conjugal relationship with her husband stood dissolved since she had been raped by the latter’s blood relative,” Begum Naseem Iqtader Ali, the lone female member of the board, said.Mrs Ilahi’s children remain at her in-laws’ home.

“Let the mullahs look after my children,” she said.

Pakistan’s Daily Times has more on the thinking behind the decision:

“According to the Holy Quran, Imrana’s conjugal relationship with her husband stood dissolved since she has been raped by the latter’s blood relative,” the board’s woman member Begum Naseem Iqtedar Ali told reporters here. “Had she been raped by anyone other than a blood relation, she could have stayed with her husband … but here a sacred relationship had been violated, the consequences of which have to be borne by Imrana and her husband Noor Ilahi,” she said. But Imrana could remarry if she wanted to, she added.

Why the consequences could not have been borne by the rapist isn’t entirely clear.

Comments

  1. Dr. M.I.H. Farooqi Avatar
    Dr. M.I.H. Farooqi

    g to be another Shahbano disaster. So-called Ulemas are busy giving irrational and contradictory statements in print and electronic media thereby becoming the objects of ridicule themselves and ruthlessly damaging the image of Muslims. . Dr. Naim Hamid, Member of AIMPB has very rightly stated that Ulema transgress their limits by issuing unwarranted statements and give bad name to the entire community by appearing in News channels for the lust of publicity.
    However, Imrana incident is also a blessing in disguise because Muslims intelligentsia has started realizing that the authority of Muslim clerics over illiterate masses all these years has only harmed the cause of Muslim society.MK Sherwani, President of Muslim Forum is probably right when he says that ‘ a sustained movement against obscurantism of Mullahs has to be launched to keep Islam as the progressive religion of the world”. The best way to do this is to keep semi-literate Mullah away from guiding masses not only in worldly affairs (remember they exercise powerful political influence) but also from religious matters. Only legal experts like those of Law Professors of Universities, retired Judges, senior advocates and Ulema of few progressive Islamic centers like Nadwa University and Jame Hadaya should be allowed to take up the work of interpreting or amending the Shariah according to the changing times. Well known legal authority Mr. Tahir Mahmood has rightly pointed out that ancient juristic wisdom has to be changed through Ijtihad (re-interpretation/-re-reading of the laws) to meet the contemporary demands. Necessary changes in the Shariah have to be made to protect human rights in the present day troubled and complex society, as already done in several Muslims countries like Pakistan, Malaysia, Turkey, Iran etc.
    Muslims should be aware that if Ulema continue issuing unwarranted fatwas, Sangh Parivar is capable of exploiting the situation by widening the gulf between Hindus and Muslims as they successfully did in Shahbano case
    Yours sincerely,
    Dr. M.IqtedarHusain. Farooqi,
    Secetary,
    Urdu Scientific Society
    Lucknow, India
    Email: mihfarooqi@satyam.net.in

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