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" "Two features would by now be obvious: (1) far from being a clear and definite code, the shariah is ambiguous; (2) it is ambiguous on the entire spectrum of issues. Two operational consequences follow: (1) this ambiguity is one of the bases for the unrivalled power of the ulema; (2) the ulema therefore sabotage every effort to codify the shariah as zealously as they fight back every effort to replace it by a modern code common to all.
Arun Shourie (born 2 November 1941) is a prominent journalist, author, and politician of India.
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Their real significance- and I dare say that they are but the smallest, most innocuous example that one can think of on the mosque-temple business-lies in the evasion and concealment they have spurred. I have it on good authority that the passages have been known for long, and well known to those who have been stoking the Babri Masjid issue. That is the significant thing; they have known them, and their impulse has been to conceal and bury rather than to ascertain the truth....The fate of Maulana Abdul Hai’s passages-and I do, not know whether the Urdu version itself was not a conveniently sanitised version of the original Arabic volume-illustrates the cynical manner in which those who stoke the passions of religion to further their politics are going about the matter. Those who proceed by such cynical calculations sow havoc for all of us, for Muslims, for Hindus, for all. Those who remain silent in the face of such cynicism, such calculations help them sow the havoc. Will we shed our evasions and concealments? Will we at last learn to speak and face the whole truth?
The fatwas reflect this belief in double standards. The differential attitude to conversion and apostasy illustrates this vividly. Islam regards it as a right and duty to convert persons from other religions. The ulema vehemently insist on it....Exactly the same position holds in regard to doing something or refraining from doing something out of regard for the other person’s religious sentiments.....An even more vivid instance is the stance in regard to the continuation of religious practices. It is the right and duty of a Muslim to carry on his religious rituals. ...Under no circumstances can the Islamic ruler give permission to kafirs to continue their religious rites, declares the Fatawa-i-Rizvia, and asks: shall he permit them to practise their kufr and thereby himself become a kafir?...It adds that there are several Hadis to the effect that no non-Muslim should remain in the Arab island...So, no non-Muslim shall be allowed to stay in the Arab island, but if a Bangladeshi who has entered India illegally is asked to leave, that is an assault on Islam!...Similarly, even today in no Islamic state can teachers in a school impart religious education of their faith to non-Muslim children...No restriction can be tolerated on teaching of the Quran and on religious instruction, declares Kifayatullah. ...And yet if we were to go by secularist discourse there is no religion which has abolished distinctions as Islam has, there is no religion which treats all equally as Islam does!
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The example we would do well to keep in front of us is that of the Dalai Lama. He was giving a discourse on a Tibetan text about meditation. He read out a sentence, laughed and remarked, ‘Buddhist theories of creation, a disgrace! Must throw them out!’ He advises that we should keep a wastepaper basket nearby – whatever doesn’t accord with what we know now, we should cast into that basket. ‘Buddhism must face facts,’ that is what he teaches. Accordingly, he has opened Buddhist texts to minute examination. (...) That reflects confidence in one’s tradition. That is true service to the tradition. That is the way to preserve for the future ‘the pearl of great price’ in it.