Common questions asked by Hindus about Islam
Q8. Why don't Muslims in india
follow the Islamic Criminal Law?
Question
When
Muslims in India insist on having a separate Muslim Personal Law for
themselves, why don’t they also insist on implementing the Islamic Criminal Law
for the Muslims; for example implementing the rule that the robber’s hands
should be chopped off if a Muslim robs?
Answer
1. Muslim
Personal Law
Personal
Law is a law concerning an individual person and the persons closely related to
him, e.g. laws relating to marriage, divorce, inheritance, etc. It includes
laws which are mutually agreed upon by a group of people. This law does not
include any crime or an act that will harm the society directly.
2. India
is Secular And Democratic
In any
country, the Personal Law may differ for different groups of people and for different
communities. Since India is a secular and democratic country it allows
different groups of people to follow their own personal law if they wish.
3. Islamic
Personal Law is the Best
Muslims
believe that compared to all the different types of personal laws available in
the world, the best and the most result oriented is the Islamic Personal Law.
Muslims of India prefer following the Muslim personal law also because of their
own belief in Islam.
4. Criminal
Law
Criminal
law is that law which is associated with a crime or an act which directly
affects the society e.g. robbing, raping, murdering, etc.
5. The
Criminal Law should be the same for all people
In any
country, the criminal law unlike the Personal Law cannot be different for
different groups of people. It has to be same for all people of different
groups and different religions e.g. In Islam if a person robs, his hands are
chopped off. This punishment is not prescribed in Hinduism. If a Hindu robs a
Muslim, what would be the robber’s punishment? The Muslim would want the hands
of the robber to be chopped, while the Hindu Law would not agree.
6. The
Muslims in India alone cannot separately follow the Islamic Criminal Law without
involving the Non-Muslims
Even if
a Muslim agrees, that as far as he commits a crime he should be given the punishment
according to Islamic Criminal Law, it would not be practical. In case an allegation
is made against a Muslim for robbery and if the witnesses are Non-Muslims, and
if each one follows his own Criminal Law, the punishment in Islam for bearing
false witness is 80 lashes, whereas in the Indian Crimial Law, a person giving
false witness can easily escape. Thus, for a non-Muslim to falsely accuse a
Muslim of any crime is very easy, if both follow their own criminal law.
However, if both follow the Indian Law where the punishment is lenient for
false witnesses and robbers, it will encourage both the robber to rob as well
as encourage the witnesses to give false witness for their own benefit.
7. The
Muslims in India would prefer the Islamic Criminal Law to be implemented on all
Indians
We
Muslims would prefer that in India the Islamic Criminal Law be implemented on
all the Indians, since, chopping the hands of a thief will surely reduce the
rate of robbery in India. Similarly, 80 lashes for giving false testimony will
prevent a person from giving false witness.
8. Islamic
Criminal Law is Most Practical
Islam
besides pointing out a crime, it also gives you a solution showing how to
prevent the crime e.g. chopping the hands of a robber, death penalty for the
rapist. The punishment is so severe that it is a deterrent for the criminal to
commit the crime. He will think a hundred times before committing a crime.
Thus if crime has to be reduced or stopped in India the best solution is to implement ‘The Common Islamic Criminal Law’.
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