You can’t question the legitimacy of Hadiya’s marriage: SC tells NIA

News Network
January 23, 2018

In what can be termed as an interim relief for Hadiya, a Hindu convert Muslim college student from Kerala, a three-judge bench of the Supreme Court upheld her right to select her husband and observed that the National Investigation Agency (NIA) cannot probe her marital status.

The court said that the NIA probe will not have any bearing on the legitimacy of Hadiya's marriage to Shafin Jahan which was annulled by Kerala High Court. The apex court will continue to hear the matter on 22 February.

"You can probe anything but not on marital status, marriage has to be separated from any criminal action, aspect and conspiracy, otherwise we will be creating a bad precedent," the bench headed by Chief Justice of India Dipak Misra said.

"We will only examine whether the court can cancel the marriage. We can't question the legitimacy of her marriage, it is Hadiya who will decide who is a good human being or bad," the judges said.

In November, the Supreme Court freed Hadiya from her parents, who had insisted that she had been brainwashed and forced to convert, and allowed her to resume her studies at a college in Tamil Nadu, where she was studying before she married Shafin Jahan.

After conversion to Islam, Hadiya had met Shafin through a matrimonial website and later they got married. Hadiya's parents refused to accept her marriage to Shafin Jahan, claiming that he wants to take her to Syria. Hadiya, who doesn’t even holds a passport has rubbished her parents charge as a blatant lie.

In May 2017, on the Hindu parents’ petition, the Kerala High Court annulled Hadiya's marriage and ordered her to go back to her parents. She was kept under house arrest for several months where she was allegedly tortured by her parents and Hindutva extremists groups.

Shafin Jahan had challenged the order in the Supreme Court, arguing that as an adult, she has the right to decide. In an interim order on a petition by Jahan challenging the high court verdict, the Supreme Court had on 27 November 2017 set Hadiya free from the custody of her parents. The apex court, however, did not accept her plea to be allowed to go with her husband.

Comments

Indian
 - 
Wednesday, 24 Jan 2018

NIA has been getting nice slaps from various authorities for false investigations. earlier it was against the peace promoter Zakir naik & now Hadiya's case. I think NIA has an influence by RSS to distroy the nation and our future generation. People of india should unite together & stand against any injustice to anyone irrespective of caste, religion or colour. 

Abu Muhammad
 - 
Tuesday, 23 Jan 2018

Sangeeth - you Feku's liar agent, RSS & BJP has direct links with ISIS ( Israeli Secret Intelligence Service) and NOT these poor couple (Haadia) has no Passport so far.

Truth
 - 
Tuesday, 23 Jan 2018

They spent many months for unwanted issue because of saffrons. Hadiya's father playing for saffrons. Let Hadiya and Shafin live peacefully

Danish
 - 
Tuesday, 23 Jan 2018

Why NIA and Hindutva org teasing Hadiya and her hus this much. Even we cant bear by listening their matter. Too bad

Sangeeth
 - 
Tuesday, 23 Jan 2018

Supreme court taking double standard. Their marriage may cause serious security issue. They have IS links

Suresh Kalladka
 - 
Tuesday, 23 Jan 2018

All because of Feku. Judiciary, economy everything feku destroyed. People loosing faith in justice and judiciary

Mohan
 - 
Tuesday, 23 Jan 2018

She is major. Why nobody listening her words. She can decide. She has the right.

Kumar
 - 
Tuesday, 23 Jan 2018

Good. tight slap on NIA.

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Agencies
August 7,2020

New Delhi, Aug 7 : Congress leader Rahul Gandhi on Friday slammed the Central government as India crossed the 20 lakh COVID-19 positive cases.

Taking to Twitter, the Congress leader reiterated his earlier tweet, sent out on July 17, which stated "The 10,00,000-mark has been crossed.

With the rapid spread of COVID-19, by August 10, more than 20,00,000 will be infected in the country. 

The government must take concrete, planned steps to stop the epidemic."
"20 lakh-mark has been crossed, Modi government is missing," the Congress leader tweeted today.

The Union Health Ministry has said active cases as a percentage of total cases have seen a significant drop from 34.17 per cent on July 24 to 30.31 per cent.

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Wafa Sultana
April 4,2020

Over the last couple of days when the world was occupied with unifying efforts to fight the deadly Covid19 pandemic, sections of Indian media provided viewers a familiar scapegoat – the Indian Muslims – who are often stereotyped as a community being constantly at loggerheads with the citizenry and the State. Biased media channels were quick to resort to blaming the entire Muslim community for the spread of the disease in the country, thanks to an ill-timed Tablighi Jamaat gathering at its international headquarters in Delhi’s Nizamuddin. Unsurprisingly, the opprobrium was also marked by a sudden spike in WhatsApp forwards of videos with people wearing skullcaps licking spoons and performing Sufi breathing rituals, suggesting some sort of wild conspiracy on the part of the community to spread the virus.  Some media channels were quick to formulate, hypothesize and provide loose definitions of a newly discovered form of Jihad i.e. ‘Corona Jihad ’ thereby vilifying the Islamic faith and its followers.

While the investigation on the culpability of the organizers of the Nizamuddin event is still ongoing, there is enough information to suggest that the meeting was held before any lockdown was in force, and the problem began when there was no way of getting people out once the curfew was announced. Be that as it may, there is little doubt that organizing a meet of such a scale when there is a global pandemic smacks of gross misjudgment, and definitely the organizers should be held accountable if laws or public orders were defied. Attendees who attempt to defy quarantine measures must be dealt with strictly. However, what is alarming is that the focus and narrative have now shifted from the unfortunate event at Nizamuddin to the Tablighi Jamaat itself.

For those not familiar with the Tablighi Jamaat, the organization was founded in 1926 in Mewat by scholar Maulana Mohammad Ilyas. The Jamaat’s main objective was to get Muslim youth to learn and practice pristine Islam shorn of external influences. This is achieved through individuals dedicating time for moral and spiritual upliftment secluded from the rest of the world for a brief period of time. There is no formal membership process. More senior and experienced participants typically travel from one mosque to other delivering talks on religious topics, inviting local youth to attend and then volunteer for a spiritual retreat for a fixed number of days to a mosque in a nearby town or village to present the message to their co-religionists. Contrary to ongoing Islamophobic rhetoric, the movement does not actively proselytize. The focus is rather on getting Muslims to learn the teachings and practices of Islam.  This grassroots India-based movement has now grown to almost all countries with substantial Muslim populations. Its annual meets, or ‘ijtemas’ are among the largest Islamic congregations in the world after the annual Haj. One of the reasons for its popularity and wide network in the subcontinent and wordwide is the fact that it has eschewed the need for scholarly intervention, focusing on peer learning of fundamental beliefs and practice rather than high-falutin ideological debates. The Tablighi Jamaat also distinguishes itself from other Islamic movements through its strictly apolitical nature, with a focus on individual self-improvement rather than political mobilization. Hardships and difficulty in the world are expected to be face through ‘sabr’ (patience) and ‘dua’ (supplication),  than through quest for political power or influence. In terms of ideology, it is very much based on mainstream Sunni Islamic principles derived from the Deobandi school.

So, why is all this background important in the current context? While biased media entities have expectedly brought out their Islamophobic paraphernalia out for full display, more neutral commentators have tried to paint the Tablighi Jamaat as a fringe group and have tried to distance it from 'mainstream Muslims'. While the intent is no doubt innocent, this is a trap we must not fall into. This narrative, unfortunately, is also gaining ground due to apathy some Muslims have for the group, accusing it of being “disconnected from the realities of the world”. Unlike other Muslim organizations and movements, the Tablighi Jamat, by virtue of its political indifference, does not boast of high-profile advocates and savvy spokespersons who can defend it in mainstream or social media.  The use of adjectives such as 'outdated' and 'orthodox' by liberal columnists to describe the Jamaat feeds into the malignant attempt to change the narrative from the control of the spread of the pandemic due to the Nizamuddin gathering to 'raison d'etre' of the organization itself.

A large mainstream religious group like the Tablighi Jamaat with nearly a hundred-year history, normally considered to be peaceful, apolitical and minding its own business is now suddenly being villainized owing to unfortunate circumstances. Biased media reactions filled with disgust and hate seem to feed the Indian public conscience with a danngerous misconception - to be a nominal Muslim is okay but being a practicing one is not.  For those committed to the truth and fighting the spread of Islamophobia, the temptation to throw the entire Tablighi Jamaat under the bus must be resisted.

The writer is a lawyer and research scholar at Qatar University. Her research interests include Islamic law and politics.

Comments

zahoorahmed
 - 
Saturday, 4 Apr 2020

great article! provides a great perspective on tableeg jamat

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coastaldigest.com news network
June 12,2020

Bengaluru, Jun 12: Karnataka on Friday reported 464 discharges, its highest, as the state confirmed 271 new cases of COVID-19 and seven related fatalities, taking the total number of infections to 6,516 and the death toll to 79.

In a significant development, the day also saw the total number of discharges overtaking the number of active cases in the state.

As of June 12 evening, cumulatively 6,516 COVID-19 positive cases have been confirmed in the state, which includes 79 deaths and 3,440 discharges, the Health department said in its bulletin.

It said, out of 2,995 active cases, 2,976 patients are in isolation at designated hospitals and are stable, while 19 are in ICU.

The seven deaths include four from Bengaluru, two from Kalaburagi and one from Hassan.

Those from Bengaluru are three women aged 61, 65 and 49 and a 52-year old man.

Among the dead from Kalaburagi are two men aged 53 and 48 while a 60-year old man from Hassan also succumbed to the virus.

Out of 271 new cases, 92 are returnees from other states, majority of them from neighbouring Maharashtra.

While 14 are those who returned from other countries.

Among the districts where the new cases were reported, Ballari accounted for 97 cases, followed by Bengaluru urban 36, Udupi 22, Kalaburagi 20, Dharwad 19, Dakshina Kannada 17, Bidar 10, nine each from Hassan and Mysuru, Tumakuru 7, Shivamogga 6, four each from Raichur and Uttara Kannada, three each from Chitradurga and Ramanagara, Mandya 2, and one each from Belagavi, Vijayapura and Kolar.

Udupi district tops the list of positive cases, with a total of 991 infections, followed by Kalaburagi (816) and Yadgir (735).

Among discharges also Udupi tops the list with a total of 474, followed by Kalaburagi (345) and Bengaluru urban (299).

A total of 4,26,341 samples have been tested so far, with 9,835 on Friday alone.

So far 4,11,244 samples have been reported as negative, and out of them 9,139 were reported negative today.

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