04-21-2008, 11:11 AM
<!--QuoteBegin-->QUOTE<!--QuoteEBegin-->The refugee Muslims first landed in Kutch. And they are called the Kutchy Memons even today but not the Memons who bomb Mumbai. But the Memons who lived with us.
In the year 1917, many of you might be aware, a case went to the Prey Council, equivalent to the Supreme Court now. The Kutchy Memons went and told the Prey Council that we are Muslims for namesake, but we follow only the Hindu law. Please don't impose the Shariat on us. The Prey Council ruled that they are Muslims but the only sacred book they have is called "Dasaavathaara", it is not Koran. In fact they knew no language other than the Kutchy language.
And in the "Dasaavathaara", nine avatharas were common between Hindus and Kutchy Memons. We call the tenth avathaara "Kalki" and they call him "Ali". The Prey Council ruled that the Shariyat law is not applicable to them. The All India Muslim League took up the case, went to the British and told them that this finding is dangerous to Islam and requested them to pass a law which will overrule this judgment. The British government passed a law in 1923 which was called the "The Kutchy Memons Act" declaring, "If a Kutchy Memon wants to follow the Shariat, allow him to do so".
It doesn't mean a Muslim must follow the Shariat. Between 1923-1937, before the All India Shariat Act was passed not a single Kutchy Memon filed an affidavit with the plea that he wants to follow the Shariaat. That was the integration prevalent in India.
In 1937, when the All India Shariat Act was passed, the preamble to the act mentioned that this was being passed by a demand made by the AIML leader Mohammed Ali Jinnah. Today, the Shariat has become a part of Muslim consciousness.
The purpose behind making you aware of this background is that 99% of the people who speak about the constitutional rights of the minorities or the distinctiveness of Muslim life are unaware of the facts. Till the year 1980, in Cooch Behar district, the Shariat law was not applicable. In 32 instances between 1923 and 1947 by legislation, the Shariyat law was not applicable to the Muslims. This is the extent of the intellectual gap in India.
The intellectual scene in Post-independence India - A speech of S. Gurumurthy given to IIT Chennai
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In the year 1917, many of you might be aware, a case went to the Prey Council, equivalent to the Supreme Court now. The Kutchy Memons went and told the Prey Council that we are Muslims for namesake, but we follow only the Hindu law. Please don't impose the Shariat on us. The Prey Council ruled that they are Muslims but the only sacred book they have is called "Dasaavathaara", it is not Koran. In fact they knew no language other than the Kutchy language.
And in the "Dasaavathaara", nine avatharas were common between Hindus and Kutchy Memons. We call the tenth avathaara "Kalki" and they call him "Ali". The Prey Council ruled that the Shariyat law is not applicable to them. The All India Muslim League took up the case, went to the British and told them that this finding is dangerous to Islam and requested them to pass a law which will overrule this judgment. The British government passed a law in 1923 which was called the "The Kutchy Memons Act" declaring, "If a Kutchy Memon wants to follow the Shariat, allow him to do so".
It doesn't mean a Muslim must follow the Shariat. Between 1923-1937, before the All India Shariat Act was passed not a single Kutchy Memon filed an affidavit with the plea that he wants to follow the Shariaat. That was the integration prevalent in India.
In 1937, when the All India Shariat Act was passed, the preamble to the act mentioned that this was being passed by a demand made by the AIML leader Mohammed Ali Jinnah. Today, the Shariat has become a part of Muslim consciousness.
The purpose behind making you aware of this background is that 99% of the people who speak about the constitutional rights of the minorities or the distinctiveness of Muslim life are unaware of the facts. Till the year 1980, in Cooch Behar district, the Shariat law was not applicable. In 32 instances between 1923 and 1947 by legislation, the Shariyat law was not applicable to the Muslims. This is the extent of the intellectual gap in India.
The intellectual scene in Post-independence India - A speech of S. Gurumurthy given to IIT Chennai
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