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never been there
July 23, 2003, 08:09 PM
I'm of two (or three) minds on this.Indian Court Backs Common Code (http://news.bbc.co.uk/2/hi/south_asia/3089539.stm)
It's so civilized to allow people to choose to be ruled by the laws they believe in. On the other hand, why should the state be involved in matters where religion sets the rules? And finally, I would be a lot more cheerful about this if it weren't so blatantly about the BJP forcing Hinduism-based laws on everyone.

DMB
August 23, 2003, 06:02 AM
I agree that the motives of the BJP are questionable, but that doesn't mean that theocracy for muslims is right.

This separate jurisdiction for muslims and others dates from colonial times, when ideas about human rights were less fully developed. What is ignored in this is the lack of human rights for muslims, particularly women, who don't get much of a voice in these issues. Islamic law deosn't recognise equal rights before the law for men and women, nor does it recognise the right to decide that one is no longer a muslim.

never been there
August 23, 2003, 04:48 PM
Originally posted by DMB
This separate jurisdiction for muslims and others dates from colonial times, when ideas about human rights were less fully developed. What is ignored in this is the lack of human rights for muslims, particularly women, who don't get much of a voice in these issues. Islamic law deosn't recognise equal rights before the law for men and women, nor does it recognise the right to decide that one is no longer a muslim.

If I understand correctly, it isn't strictly "Islamic Law" that applies to Muslims in India, but a civil code that covers marriage, inheritance, etc. The rub is always that someone is going to opt in, or opt out, according to what is in their interests.

Can someone out there enlighten us both as to exactly what is covered? And how do they determine which law applies when one of the parties wants to opt out?