Question raised by a lover of Ancient Wisdom 

 Sir

 I have a question. Does Islamic law really lays down such harsh treatment of women - as stoning, public flogging, denial of education, suppression of basic human rights and freedom to women as seen in Taliban rule of Afghanistan? Does Deoband seminary endorse this? The way women are treated like animals are so sad. Can morality be enforced at the point of the bayonet? Why are Indian Muslims Maintaining silences in the face of such colossal human tragedy? Please throw light on this issue Love and regards Answer by A modern Indian Sufi Dearest loving Hon’ble Sir Pranams At the outset, I must point out that educated Muslims like M A Jinnah, Nawabzada Liaqath Ali Khan, Nawab of Hyderabad, and hundreds of Nawabs and elites like Dr. Zakir Hussain and millions of highly educated Muslims and their era is over. The Mullahs of Deoband and all seminaries of India are highly backward so also Indian Muslims, only low class uneducated ones remain. The number of higher and middle educated class is numerically small compared to the majority community and other minority communities. It was not so during the long period of rule of Shah of Afghanistan and during Soviet occupation and even just before Taliban taking over. Taliban are all without any education except their narrow self driven ideology and syllabus, totally being unaware of the modern times. They are in obscure world. The entire Muslim world has changed and adopted Modern laws and modern way of living keeping with the times as they are part of the modern world. Mullahs have absolutely no role to play in India or elsewhere. No Muslim women in India or elsewhere are governed by Mosaic Jewish laws which was applied in first initial period of Islam but Holy Prophet sas with the command of God liberated women and granted them full liberty, dignity, equal rights like that of any male person and full rights in the property of father and husband and full liberty to do business and hold public post and given full right of education. Many Muslim women have become rulers even in India like Razia Sultana, Begums of Bhopal and many more. Muslim rulers in India were most liberated to the extent of indulging in extravaganza, luxury, pleasure and womenization. If they were in power then these mullahs or Taliban would have been nowhere. In Turkey, Ata Turk banished all Mullahs and totally modernized the country. In both our neighboring countries women PM have ruled and have been ruling. If you go to Turkey and many Muslim African countries you will be surprised with the modernity, progress and high culture in those countries with regard to literature, music, art, architecture and many things. Our country looks in some ways backward in some respects especially in rural backwardness. Please see videos on ytube. In our neighboring countries there is no application of Mosaic Jewish laws as it was never applied in India from Ancient times, yes in ancient times as now capital punishment for heinous crime continued. In respect of stoning to death, this was also Mosaic and Jewish law which was disbanded by Prophet sas himself as after all the Muslims accepted Islam in Arabia and Muslim countries there were no reported cases of adultery or other major heinous crimes for the reason that very strict evidence was required to prove any criminal offence. Four eyewitnesses were required to vouch for actual coitus being watched, much debate has gone in Jurisprudence as to what actual coitus meant. It was laid down that witnesses should be persons of impeccable character and should testify having watched the real sexual act in as much as the male organ penetrating the vagina. Mere embrace or intimate scene was held as no adultery. This type of scrupulous evidence never came forth and none could be found guilty for capital punishment for being stoned to death. These type of punishments drastically changed in due course of time in Muslim countries. This has been precisely the rulings of our highest courts from time immemorial. Very strict evidence was required for delivering punishment only by duly appointed qualified Judge in Islamic law as even now in Islamic countries. If false evidence was furnished then the witness was guilty of perjury and severely punished for falsely testifying. Since much emphasis is laid on mercy, compassion and forgiveness in Islam strong emphasis is laid to forgive the offence of the offender including by taking blood money as compensation if the offender turns repentant and ameliorates and compensates for the sin as per law. Now in present times for death due to negligent driving, money compensation is awarded under Motor Vehicles Act; if negligence is proved then the guilty is awarded punishment by the criminal court. The position is same in Muslim law. The Muslim law is no different from modern laws, in fact in most cases Justice is very speedy and quick unlike in our country where cases keep pending for decades without completion of trial. If the legal heirs insist on punishment then those bringing allegations are required to bring four witnesses as against one or two or none in present modern times as chain of circumstances showing quilt of accused is sufficient to punish the guilty. In India hundreds of murderers go scot free because of witnesses being won over or delay in trial leading to loss of memory of the witnesses, contradictions and inaccuracies in statements before police, in examination in chief and cross examination. Summary trial is totally banned in Islamic law, an accused is deemed to be innocent till guilt is proved to hilt. He should be given full and fair opportunity to defend himself in terms of Principles of Natural Justice, fair trial without bias and prejudice. A judge cannot participate in a trial if he is biased or have self interest in the matter. In ancient times as there were no jails, poor criminals were flogged as they were penniless and could not pay fines. It acted as a deterrent. This type of corporeal punishment was long disbanded in Islamic countries after colonial occupation as well as after many reforms brought in law of criminal jurisprudence by benign Kings and Sultans in accordance with Principles of Mercy, Compassion and Justice as laid in Quranic commandments. No corporeal punishment is awarded in Modern Muslim countries except in Wahabi Kingdom of Saudi Arabia where the writ, whim and fancy of the King rules or in most backward countries where they are influenced by tyrannical Wahabi dictatorial or Military regimes. As now, confiscation of property on behalf of creditors was in vogue in Islamic law as well. Law of Taxation was very frugal as compared to present heavy taxation laws in India. Women in Islam are mothers and sisters requiring deepest respect and are not to be touched let alone flogged or stoned. This type of Mosaic Jewish laws were disbanded after completion of Revelation of Quran on Holy Prophet sas but tyrannical Kings and so called Caliphs applied it according to their own whims and fancies against the sanctioned law. Islamic law is very intricate, delicate and enormous as Truth is over emphasized. Now with regard to the Taliban, in the first place they are barbaric and have waged war against super powers with the help of other super powers who have supplied those weapons. They have no rules, no regulations, no law and no sense of Justice. Law cannot be taken in their own hands as per Islamic law. As I said they are barbarians having no scruples, being inhuman and floating all civilized laws so also the benign, merciful and totally compassionate laws of Islam. They are totally uneducated both in Islamic Jurisprudence as applied by present Muslim countries and even as per orthodox laws. They have absolutely no fear of God Allah and what is laid down in Holy book and centuries old Islamic jurisprudence which is older and more humane than Anglo Saxon law. Islamic law is humane, dynamic and adoptable to cultures of each Nation according to changing times. The Taliban’s action are like Police and Military action on innocent civilians during civil disobedience and military take over leading to Military rule by dictators in-fact they are inhuman brutal dictators. They are killing their own men, woman and children against Islamic and International law and against Human rights. You may see hundred of videos of all majority Muslim countries like Turkey, Algeria, Egypt, Morocco, Albania, Middle East countries, Malaysia, Indonesia, Central Asian Muslim countries, Muslim African Countries and our neighboring countries to see their present socio economic conditions and the method of rendering Justice and also modernization in their country. In Madrasas students are trained only to lead prayers in mosques and to conduct Muslim rituals from birth to death. They are not qualified to be judges or to conduct trial and pronounce judgments much less capital punishments. They keep blabbering and no one takes them seriously including their wife and children, they are unfortunately butt of jokes. They have no knowledge of philosophy, literature, poetry, logic, mathematics, astronomy, science and technology or an iota of spirituality and Sufism and any knowledge of modern living. This was not the case during golden age of Islam when Mathematics, Algebra, Chemistry Philosophy Logic Medicine and many subjects took birth and all these subjects were taught in Madrasas but unfortunately the study of these subjects were disbanded during British period in India and colonial rule in Muslim countries leading to degeneration and slow decline in all aspects of life, though now government is making all its efforts to change the syllabus of madrasas to modern education besides teaching Islamic law, Study of Quran, Hades and Islamic jurisprudence. This revival of modern education in madrasas is also taking place in many Muslim countries. The moulvies are to be pitied especially moulavies coming out of Deoband and similar seminaries in Asian sub continent. These Seminaries were setup long after Sepoy mutiny and firm establishment of British Rule to counter Aligarh Muslim College setup by Sir Syed Ahmed Khan to counter the British Education at the cost of study of science technology, mathematics, philosophy, Spirituality and Sufism which was hallmark in the Madrasa teaching during Golden Islamic Abbasid Period in Baghdad. As regards the question as to why Indian Muslims are maintaining silence in the face of such colossal tragedy I dare to say their voice has been suppressed after independence and due to backwardness there is none in public life like the towering figures of Abul Kalam Azad, Ali brothers and such secular leaders to voice their concerns. The Muslim masses lack good leadership and are all now mute, deaf and dumb. They cannot redress their own grievances and demands much less to what is happening elsewhere in the world. Sorry for being too lengthy. The questions required detailed explanation. I will say more on four major schools of jurisprudence in Islam among Sunnis and likewise schools of jurisprudence among Shias and how fast changes are taking place in Islamic law and Jurisprudence, if you so desire and if need arises.