However, since both the topics keep
cropping up at the cost of the more pressing bread and shelter issues,
the better option would be to encourage an informed debate. Why allow
the fanatics to use them for whipping up electoral passions during the
silly season that visits us after five years, and in the event of
political instability even earlier?
Let me first discuss the
controversy about the need for a common civil code. No one has tried to
explain, while reacting to the demand, that Muslim personal laws are
evolutionary and have no divine sanction. There are several schools of
Islamic jurisprudence and one is free to follow any one of them or
reject all of them, as Shah Bano had done by knocking at the door of the
civil courts. But the civil courts instead of giving her justice under
the law of the land or provisions of a common civil code got into the
complex question of interpreting Muslim personal law.
A personal law is a useful
mechanism for out-of-court settlement of civil disputes. Take the
example of the paper token I get in place of change from the canteen. It
has no legal status. It is a mutually acceptable arrangement for solving
the problem of small change that is perpetually in short supply. But if
I were to challenge its status I would expect the the court to direct
the canteen to return the balance in legally recognised currency. The
court would commit a fatal error if it were to examine the legal status
of the paper token.
By all means have a
comprehensive common civil code. But make sure that next time when a
Shah Bano comes seeking justice do not start examining the provisions of
Muslim personal law. If she had faith in it, she would not have sought
relief from a civil court.
For the purpose of the
larger debate on conversion let us recognise that there are two
"basic religions," for they do not allow conversion. One is
Hinduism and the other is Judaism. Most other religions are the product
of reforms within or acts of dissent against the parent faith.
In the semitic tradition,
Christianity borrowed heavily from the Jewish faith.
Jesus of Nazareth himself
died a Jew, but his followers created a separate church that recognised
him as the Son of God. Centuries later Islam became the only religion
that was revealed to the faithful through Prophet Mohammad. It
incorporated the essential elements of Judaism and Christianity. A point
that may be of interest in the context of the western reading of the
conflicts in the Middle East is that all the prophets of the Semite from
Adam to Abraham to Noah to Moses to Christ to Mohammad were Arabs.
The story of Hinduism is
much the same. Buddhism, Jainism, Sikhism are the off shoots of
mainstream Hinduism. They are recognised as independent religions by
their followers, but are treated as part of Hinduism by the
Constitution!
Those looking for the lost
spiritual strength of India should be invited to Qadian in Punjab where
a sect of Islam was founded several centuries ago. Pakistan has declared
the Ahmadiyas as non-Muslims. They, however, continue to occupy a place
of respect in the country of birth of a faith that has its roots in the
sands of Arabia. If this is not one more example of celebration of
faiths by India, what is?
Therefore, if religious
conversion is banned or unreasonable restrictions are placed on people
of other faiths wanting to convert to any of the offshoot of Hinduism or
Judaism, it would fly in the face of history and tradition. And don't
forget the Constitution.
As of today we have two
models that seek to place restrictions on religious conversion. One is
the Tamil Nadu model that wants the district collector to be informed
about any religious conversion in his or her area of jurisdiction. The
Gujarat model, that has been cleared by Raj Bhavan after seeking the
views of the Attorney General, goes a step further. It wants the
district collector to screen and clear requests for conversion. Such a
restriction as is contained in the Gujarat law would without doubt
violate the spirit of the Constitution.
Most laws are good and
they should be respected in the interest of civil society. Some laws are
bad and should be defied. One such law was the ban on making salt that
Mahatma Gandhi broke. The restrictions or ban on religious conversion
would fail the test of legal scrutiny. It seeks to take away from us the
absolute right to follow the religion of our choice without any let or
hindrance from the State.
However, let me illustrate
why I want sweeping religious reforms and not just cosmetic changes in
the procedures of conversion. Zahiroon Bua and her family had served us
for generations in our village Mustafabad. After marriage, we had
difficulty finding domestic help in Shimla. Zahiroon Bua agreed to help
us out. During the long train journey from Lucknow to Ambala to Kalka to
Shimla she refused to have tea or even fruit we bought from the railway
vendors. She had been brought up believing that a person who consumes
food or drink touched by a non-Muslim ( read kafir) would go to hell.
The first thing we did on
reaching home was to tell our dhoodhwala that his name was now
Moharram Ali. That is when he discovered that we were Muslims! Every
morning, Bua would cover her head and ask the milkman about when Eid or
"Bara Rajab" (the birthday of Hazrat Ali) was due. The dhoodhwala
would run as fast as he could to avoid being discovered.
What is the point I am
trying to make through the tale of Zahiroon Bua? It is one thing to be
born into a faith and remain ignorant. Bua did not have a crooked bone
or bore ill-will towards any one. But she was a sum total of all that is
not Islam. A faith that seeks to promote universal brotherhood cannot
encourage untouchability. Her conduct illustrated the influence of local
practices on non-native religions.
It is one thing to be born
and brought up in a religion without ever being "educated"
about it. I do not know about other religions, but a point no Muslim
cleric ever refutes is that a person who is jaahil (a more
comprehensive expression for ignorance. Unenlightened may be more
appropriate because enlightenment comes through knowledge, and that in
turn comes through education.) cannot be a Muslim. Maulana Kalbe Sadiq
reluctantly agreed with me that by this yardstick there were, perhaps,
only a few lakh and not 14 or 15 crore Muslims in India. It is this huge
population of ignorant and ill-informed people trapped in a faith they
know little about that is itself a problem. Give them opportunities to
become enlightened and Islam in India will discover the soul that the
fastest growing faith in the world has lost in the sand dunes of Arabia.
Another point I often rub
in is about the flaws in the present system of conversion. A Hindu is a
Hindu by birth. He does not have to be a believer or perform rituals to
remain a Hindu. In Mustafabad the entire Hindu population turns up to
pay respect to Imam Husain on the 10th of Moharram when tazia and
alam processions are taken out to mourn the martyrdom of the
Prophet's grandson and his companions in Karbala.
When the Maulvi Sahib
persuades these followers of a simple of faith, that makes them respect
all religions, to convert to Islam, I have a serious problem. Do not
stop at just making the neo-converts recite the kalma.Educate
them so that they grow up into well- informed Muslims, responsible
community leaders and proud Indians. Among the essential teachings of
Islam is love for the country of birth. By making them recite just the kalma
the Maulvi Sahib commits the cardinal sin of making the converts
shun "them" without integrating in a more meaningful way with
not just "us" but "all of us, children of one
creator".
Converts to any faith
should be able to read the scriptures and understand the written word.
They should also provide evidence of having acquired skills that could
make them economically independent. My feeling is that only the Sikh
clergy can meet these conditions for conversion. As a child I had once
seen a very old Sikh begging in the market where the refugees from
Pakistan have been given shops in Lucknow. Within no time he was
surrounded by an upset group of displaced Sikhs who raised money for him
to do some business and told him, "Baba, earn your bread. But
please do not beg."
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