It’s Highly Illuminating
This refers to Maulana Tahir Madani’s article “Hijab and Islamic Shari’ah” (Radiance Viewsweekly, 13-19 March 2022). The Maulana has made two pertinent remarks. One, that the question on the Hijab row to show any hukm (order) from the Qur’ān to practise Hijab, or for that matter on any other issue, is not proper; but rather the question should be: to show any hukm from the Islamic Shari’ah related to the issue. This is because Muslims practise Islamic Shari’ah which comprises the Qur’ān, Ahadith, Qiyas and Ijma.
Another point that the Maulana has emphasised is very important. There are certain ahkam given specifically to a person or a group of persons but its hikmat (wisdom) and illat (implication) may be general. And, as per the Islamic Shari’ah, if the implication of a hukm is general, the hukm itself would assume the position of generality.
In view of these two points, the Maulana’s article is very illuminating.
Abu Zar Nadvi
Congress’ Crushing Defeat
The results of Assembly elections in five States, including the most populous and strategically important Uttar Pradesh has sent shockwaves for the loves of Congress. There has been searing criticism of the top Congress leadership from many quarters. Rahul Gandhi is being criticised that he does not hold any official position after stepping down as Congress president after the party’s second straight national election defeat in 2019 but continues to call the shots. Decisions by him and his sister Priyanka Gandhi Vadra have been seen as being responsible for the party’s crushing defeat in Punjab, a state it ruled, as well as Uttar Pradesh.
The CWC held a meeting on March 13 to take stock of the situation that led to its defeat in the Assembly elections. In the CWC meeting Congress interim president Sonia Gandhi said that she along with her family members Rahul Gandhi and Priyanka Gandhi Vadra were ready to sacrifice for the party but the party expressed their faith in the leadership of Sonia Gandhi.
“The CWC unanimously reaffirms its faith in the leadership of Smt. Sonia Gandhi and requests the Congress President to lead from the front, address the organisational weaknesses, effect necessary & comprehensive organisational changes in order to take on the political challenges,” the Congress said in a statement. The party will hold a “Chintan Shivir” (brainstorming session) to focus on the organisational elections after the budget session of parliament ends.
Sonia Gandhi is likely to immediately take up immediate corrective measures to revamp and re-strengthen the organisation of the party.
Delhi High Court Pulls up Local Court in Sharjeel Imam Case
The Delhi High Court has pulled up the local court, asking why should Sharjeel Imam not get bail. Questioning the denial of bail to Jawaharlal Nehru University (JNU) student Sharjeel Imam by a trial court for alleged provocative speeches during the anti-CAA protests, the Delhi High Court on March 9 said that the lower court judge did not deal with the relevant considerations that must be taken into account for granting or refusing release.
Saying that police will “have to really persuade [us] as to why bail should not be granted to Imam”, Justice Mridul pointed out that the issue becomes different when an accused is convicted and sentenced, but there must be compelling reasons to keep someone in pre-conviction detention.
“He (the trial court judge) has dealt with nothing. All these offences are less than seven years (punishment). We are asking you (police) why he should not be enlarged on bail? Is he at flight risk? Will he tamper with evidence? Who are the witnesses?” a bench of justices Siddharth Mridul and Anoop Kumar Mendiratta said.