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Old 01-08-2012, 11:28 PM   #39
freeringsf

Join Date
Oct 2005
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501
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I will give you specific examples :
* Imrana case Google for it
Imrana accused her father in law of raping her , the ulema ruled she had been automatically been divorced for having a physical relationship with her father in law.
Her father-in-law Ali Muhammed raped Imrana Noor Elahi, mother of five children and resident of Charthawal town of Muzaffarnagar district in western state of Uttar Pradesh allegedly on June 4. The Islamic seminary Darul Uloom Deoband has ruled that a woman raped by her father-in-law could not be allowed to live with her husband any longer and issuing a fatwa (decree) that her staying with her husband Noor Elahi has become untenable as per the Islamic law after the rape.

The All India Muslim Law Board (AIMPLB) also concurred with the Darul Uloom of Deoband fatwa, while the lone woman member of the board Naseem Iqtedar Ali Khan too approved the edict and said that as per the Qur'an, Imrana's conjugal relationship with her husband stands dissolved, since she had been raped by the latter's blood relative. Had she been raped by anyone other than a blood relative, she could have stayed with her husband, but here, a sacred relationship has been violated, the consequences of which has to be borne by Imrana and her husband Noor Elahi and pointed out that the responsibility of the couple's five children would have to be shouldered by Elahi as long as required. "India is not a Islamic country were a rapist is stoned to death. Here it is the law of the land which prevails in cases of granting relief to a rape victim and punishing the offe




Mufti Habib ur Rahman of Darul Uloom, who issued the fatwa, however stated that they had been hustled into doing so after queries were raised on Imrana's marital status. The mufti said that he told the parties that raised the queries that the issue ought to be decided by a Shariah court and added that after repeated queries supported by evidence, he issued the fatwa.



As uproar mounted, South Asia's most influential Islamic theological school waded in with a Fatwa or order saying Imrana, a mother of five children, was prohibited from living with her husband under the Shariah, the Islamic law that governs how Muslims should live.

* Gudiya case: Gudiya' husband was missing. Gudiya moved and married another man . But after four years he returned and gudiya was forced to move to her first husband.

* Hudood laws in Pakistan. Due to corruption women raped are instead arrested for adultery.
have you contacted a mufti regarding these issues?
and have you checked the classical books of hanafi fiqh to decide whether a 'mufti' is acting as per shariah or not?
after all if you are saying the ulema were wrong in these cases then obviously you believe your interpretation is more accurate..


i asked for evidence from this 'antique fiqh' about matters which you disagree with. what you have quoted are fatwas made by the deoband in the first case, God-knows-who in gudiya case and zia in the third case. there is no evidence of how they reached their decisions.
if you think they are incorrect then provide evidence from classical hanafi books of fiqh so that we can all see where the ulema were at fault in understanding fiqh and where you were correct.
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