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Beard, Burqa and Supreme Court


 

S C India New Delhi

S C India New Delhi

Clarification and Comments   on  S C Judgement by 

Justice Katju  in  Salim Mohammed  Case with respect of Beard

 .

Beard is part of the fundamental right of a Muslim which comes under right of religion and its practice, given to the Constitution of our Nation India to him.

Keeping Beard is Sunnah (practise of Prophet Mohammed May peace and blessings of Allah be upon him)?

Every Muslim has two basic religious dictates one the Quranic and the other the Practise of Prophet SAS. The Quranic dictate is Compulsory on every Muslim and he or she has to abide by the Laws of Quranic Revelations and Instructions of Allah the most merciful and gracious as revealed on his Messenger Prophet Mohammed SAS.   

One such instruction as per the Quanic Law is to follow the teachings and practices of Prophet Mohammed S.A.S

To quote a verse from the Quran and a Saying of Prophet Mohammed sas.

O believers obey Allah. Obey his Messenger, and those Charged with the authority among you.  Should you have a dispute in any thing, refer it to Allah and His Rasool, if you truly believe in Allah and the Last Day. This course of action will be better and more suitable.

Verse 59 chapters 4 Al Nisa in Quran.

Narrated Ibn ‘Omar:  “Allah’s Apostle said, ‘Cut the moustaches short and leave the beard (as it is).’  (Translation of Sahih Bukhari, Dress, Volume 7, Book 72, Number 781)”

Obedience towards Allah and his Messenger

Every pious Muslim has to follow the teachings of Prophet Mohammed and follow him in his acts to make himself perfect in his religion and close to the teaching of Quran and Sunnah (teachings of Prophet and his acts.) This is the object of all faithful Muslims in their lives.

Lack of, in Depth Islamic study and lack of understanding of Teachings of Prophet Mohammed could be a reason for misunderstanding, by many.

 A person needs to be educated and keep him self informed with the Islamic norms and believes for him to understand and appreciate them.

 

   

 

New Delhi: Rejecting the plea of a Muslim student that he should be permitted to sport beard in his convent school, the Supreme Court observed secularism cannot be overstretched and that “Talibanisation” of the country cannot be permitted.

“We don’t want to have Talibans in the country. Tomorrow a girl student may come and say

That she wants to wear a burqa, can we allow it?” Justice Markandeya Katju speaking for a bench headed by Justice Raveendran observed.

While asserting he was a secularist, Justice Katju said religious beliefs cannot be overstretched.

“I am secularist. We should strike a balance between rights and personal beliefs. We cannot overstretch secularism,” the judge, known for his incisive remarks said.

Justice Katju passed the obsesrvation while dismissing the petition of the student. Mohammad Salim of Nirmala Convent Higher Secondary School, a government-recognised minority institution in Madhya Pradesh, sought quashing of the school regulation requiring students to be clean-shaven.

Challenging a Madhya Pradesh High Court verdict that had earlier dismissed his plea, Salim submitted that every citizen was entitled to follow his religious principles and that no one should restrain him from doing so in a secular country like India.

Salim’s counsel Justice (retd) B A Khan argued before the bench that sporting beard was an indispensable part of Islam.

But Justice Katju was apparently not impressed with the argument and quipped “But you (Khan) don’t sport a beard?” the judge asked the counsel

 Above as published on net and print media on 30th March -09

        

 

 

 

 

 

 

 

 

 

Eye of Equality and Justice our Constitution

The Constitution of India allows all religions, to practise their religion, be it Hindu, Sikh, Christian or a Muslim.

This is a very sensitive subject I wish to caution all the people in this nation to be very careful in using the words and expressing views.

 We are nation with multi religious and multicultural, constitutional rights. We have to respect.

As I proceed to write to explain the issue of HC judgement in respect of the beard I pray to All Mighty God to give me the wisdom to unfold the rightful expression and educate the nation on the legitimate right of a Muslim to wear beard how young he may be.

A non Issue made in to a Painful Issue by Nirmala

The appeal of Master.  Mohammed Salim of Nirmala a recogn.  Minority institution in Madhya Pradesh run by Christian Management would not have become an issue had the school handled it with care and reasoning, and permitted Mr. Mohammed Salim to wear a beard.   Convent Higher Secoundary School

Right of all Religions

In our Country Sikhs are a significant Minority for whom wearing a beard and Pagdi and Kirpan are integral part of the believe of Sikhism.

Similarly most of our Hindu Brothers who belong to Brahmin Community are encouraged to keep a Juttu (or a Tale on shaven head as mark of piety) and most of the most of our Sadhu Sants and great thinkers and pious people of Hindu Community compulsorily wear a Beard. This makes them more towards Bhagvan and close to the ideology of Hinduism.

Jews world over and close followers of Jewish Religion wear Bearded. It is integral part of their religion.  

Similarly Wearing Beard is integral part of the religion of Islam and all Muslims are expected to follow the teachings and acts of Prophet Mohammed may peace and blessings of Allah are on him.

Millions of Muslims who wear Bearded are not Fundamentalists and similarly Millions of Hindus, Sikhs and Jews who wear beard are not fundamentalist too.   

A responsible Society

It would be very unfair on the part of the system if it labels them as Fundamentalists, and Taliban.

We understand our right as Citizen of the Nation is intact.

The law of the land is upper most in our minds and it is our duty to respect and regard and abide by it, at the same time should have faith in our judiciary and knock the door again and again to seek justice.

Lack of proper evidence and inefficient and inconclusive agreement and references put forwarded by the lawyers in any case   can not be termed as defect in the system, or the Judge.  

The Judgements of any case is based on the evidence and the way the case is presented and defended by its lawyers.  It is the responsibility of the defence to put the case conclusively and reason in a way the judiciary appreciates and gives judgement in its light.  

 

Define Talibanization.  

TaIibanization is an extremist ideology, followed by a hardliner Group in Afghanistan and Parts of Pakistan.

Hope they the Taliban Organization understand this and change, and present. Islam teaches toleranance. And brotherhood. And respect for all religions.  

Any killing of an innocent person belonging to any region or religion is forbidden and it amounts to killing the whole mankind. And any one who kills an innocent person can not be a Muslim.    

Appeal and Fight for Justice.

I am sure many legal experts and Religious Scholars and Protectors of Law will come forward in this matter and help and appeal on the judgement given by the Judge Mr. Katju.  And explain the judiciary that wearing of beard doesn’t amount to Talibanization of our Nation.

But Wearing Beard is fundamental right of Muslims. As a matter of fact wearing of Bearded is sign of Piety and closeness to the teaching of a Religion.  

Clean Shaved Kasabised?

Those who are in the shadow of hate and terror groups who use this symbol of piety beard. Mislead the world and its innocent people.

One does not need to be wear a Beard to be a terrorist or a hardliner like in the case of Kasbah who is a clean shaved terrorist his other members too were clean shaved.  Can we call all clean shaved individuals are Kasbised.

Sickness in Him

It is not the beard which makes a man terrorist or antisocial element or a law breaker; it is a state of mind, sickness in him. Which leads him to antisocial and extremist activity, ultimately makes him dangerous for himself, his community, his nation, and our world.

 

 

 

 

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