Friday, May 6, 2022

The harmony between the government and the judiciary is fatal to constitutional rights and democracy

 

The harmony between the government and the judiciary is fatal to constitutional rights and democracy:  Dr. Faizan Azizi

 Speaking in the Constituent Assembly, Dr. Ambedkar had said that “…however good a Constitution may be, it is sure to turn out bad because those who are called to work it, happen to be a bad lot. If we observe the achievement of the constitution in the country, it will become clear in the last few years that what Dr. Ambedkar has said this seems to be true, especially since the BJP came to power. Governments have been changing since then and they have often made decisions according to their agenda but with difficulty their decisions seem to be in conflict with the constitution. The job of the judiciary is to protect the democratic rights given by the constitution but seeing the way the judiciary is issuing decisions in the present times, it is sad to say that the judiciary is also following the worry of Dr. Ambedkar. It seems to be happening and seeing that the decisions of the judiciary and the government are being made in harmony with each other, which is not only being done in accordance with the judiciary and the government, which is not only violating our constitutional rights but the image of the country's courts is being badly affected and the decisions of the judiciary are being criticized.


In the Babri Masjid case, the judiciary killed the constitutional rights and upheld the verdict in favour of the government. Surprisingly, the court itself said that it was not proved from anywhere that the temple was demolished and the mosque was built illegally. It was an illegal act to martyr the mosque but still, the judiciary used its special power to replace the mosque with the temple. Following the expiration of the term of the Chief Justice under whom the case was pending in the Supreme Court, the Central Government made him a member of the Rajya Sabha. The Supreme Court had allowed women to enter the Sabarimala temple on the basis of gender equality, on which the Sangh Parivar lamp was found, and the country's Home Minister Amit Shah told the court. Expressing displeasure over the verdict, he said that the court should refrain from interfering in religious affairs. Withdrawing, a petition against the decision had to be accepted.


One of India’s most highly regarded Supreme Court lawyers has said that in applying the “so-called” essentiality test to the question, is the hijab an integral part of Islam, the Karnataka high court has misunderstood the Supreme Court’s 1954 Shirur Mutt judgment (which established the test) and, therefore, wrongly applied this test. Adv Dushyant Dave, who is also the former president of the Supreme Court Bar Association, says that the 1954 judgment also contains a definition of religion which is so wide and all-embracing that it includes different types of food and dress which believers consider essential to their faith. He says that if Muslim girls consider the hijab as integral to their faith, then it is. The hijab is clearly covered by the 1954 judgment’s definition of religion. Dave pointed out that if the Karnataka high court sought to apply the essentiality test contained in the 1954 Shirur Mutt judgment, then it should also have applied the definition of religion contained in that same judgment. He also pointed out that this definition of religion has been repeatedly accepted by the Supreme Court over the roughly 70 years since the judgment was delivered.  "Advocate Gautam Bhatia is an excellent writer and expert in constitutional law. Wrote in an article titled Between Agency and Compulsion: On the Karnataka High Court’s Hijab Judgment and said that  It is an old adage that the manner in which you choose to frame a question will decide the answer that you will choose to give yourself. In today’s judgment by the Karnataka High Court upholding a ban on the wearing of the hijab within classrooms, that giveaway can be seen at page 39 of the judgment, where the Full Bench frames four questions for consideration. He further writes that It is notable that the Court asks itself a question that nobody else had asked. The English newspaper The Hindu has written in its editorial on the subject of Essentially flawed: On the Karnataka High Court’s hijab verdict. An editorial said The Karnataka High Court verdict upholding the ban on the wearing of headscarves by students in educational institutions is wrong on many levels. The manner in which it framed the questions arising from the controversy over Muslim girl students wearing the hijab undermines constitutional principles. The court failed to examine whether the wearing of the hijab, in addition to the prescribed uniform, but without any variation in colour, was ground to refuse entry into a school or college.


Religious freedom includes the ability to choose one's religious attire. The Indian state of Karnataka should not determine the permissibility of religious clothing. Hijab bans in schools violate religious freedom and stigmatize and marginalize women and girls. Another side The United States Commission on International Religious Freedom on Thursday said that the Karnataka High Court’s decision to uphold the ban on wearing hijab in state’s educational institutions was a violation of religious freedom. The ruling is a grave injustice and indignity to women and girls seeking an education in accordance with their faith.” In a press conference, one journalist asked Miss Universe 2021 Harnaaz Kaur Sandhu about hijab she said  “why do you always target girls? You are still targeting me. Like, girls are being targeted on the issue of hijab. They (girls) should live as they wish. Give them, let them reach their destination, let them fly. Don’t cut their wings. If you want to bite, cut your wings.” We are women of different cultures and we need to respect each other”. I was surprised when the students would take the decision of the Karnataka Court to the Supreme Court and their lawyer asked the court to stay the decision of the Karnataka High Court and hear the matter as soon as possible. If the decision is not taken soon, the year of the students will be ruined, which the Chief Justice of the Supreme Court denied and said that the matter should not be made sensational by dragging it out. However, during his visit to the United Arab Emirates, he had said that “Trust in the globalised world can only be built by creating institutions with a strong emphasis on the rule of law,”. Justice Chandradari Singh of the High Court, while dismissing the hearing of the case against the union minister Anurag thakur and Member of Paliament Pravesh verma said that there was no offense if anyone said anything with a smile. In the light of the above few facts, the harmony between the government and the judiciary has become clear to you, regarding which the judiciary has come under the target of a responsible person who is conscious of every section of the society. Shiv Sena leader Sanjay Raut, while commenting on the recent court decision, said that in today's environment he has lost confidence in the judiciary while history has shown that this was the court which had the most powerful Prime Minister of the time. Her election was declared null and void by ruling against late Smt Indira Gandhi. Some time ago, the French government had enacted a law against hijab and niqab, but the court there repealed the law and allowed the wearing of hijab. But the decisions of the present court seem to be in favor of the government of our country which is not only violating the constitutional rights of the citizens but also endangering the democracy of the country. Lastly, I would like to quote just a few words of Justice Qureshi here. In his speech on the occasion of his resignation, Chief Justice of Rajasthan High Court Qureshi said that the negative opinion of the government about me proves my independence. I am shocked at the alleged drastic reduction in the list of lawyers sent by the Supreme Court to the High Court for the appointment of judges. This will reduce the bright judicial intelligence in the bench. He goes on to say that he was surprised to see the list of lawyers recommended by the High Court for appointment in the middle by the Supreme Court. It should be noted that Justice Qureshi's name was repeatedly ignored for promotion in the Supreme Court even though he has been the most senior judge of the High Court in India. It may be recalled that Justice Qureshi was the same judge who had sent Amit Shah (now Union Home Minister) in the custody of CBI in 2010 in the Sohrabuddin Sheikh fake encounter case in GujaratIn addition, the silence of secular parties in the current situation is saying a lot about the oppression of minorities. Especially when the Sangh (RSS) spread in the states under his rule and turned a blind eye to anti-Muslim riots

 

Monday, September 7, 2015

RBI has take action on my suggetion and issue circulation to the bank to put educationloan form and all service detail on bank website

 I wrote letter to Shri Arun Jaitly Finance Minister of India and  RBI Governor Mr. Raghuram Rajan and bring issues related education loan. I told him getting education loan from bank is not easy task many time bank branch managers avoiding to give education loan form to student. I request him to give instruction to banks to put education loan form on bank website along with its criteria. RBI has take action on my suggestion and issue circulation to the bank to put all service detail and education form on bank website.

 I thank to Finance Ministry specially to RBI governor for his positive action and hope along with student other people will benefit. 



After PMO direction the NMDFC revised their lending policy after my suggestion to remove government guarantor condition for minorities to get loan


on 01-12-2214 I wrote to PM Shri Narendra Modi regarding the problems face by minority to get financial aid from Maulana Azad Financial Corporation and other institution special a condition was putted to provide government servant guarantee. I requested to PM remove such type of condition to get basic amount because there are less number of government servant in Muslim community and make easy process. After my request PMO take it seriously and directed to Minority Ministry government of India to take action on it and National Minorities Development Financial Corporation central board revised it lending police and exempt gaurantee for one lack lakh and much more. 

I thanks to PM and hope government in future he will take more possitive action for the upliftment of Minorities specialty for Muslim.




Saturday, September 5, 2015

My views are mentioned in Mr Amit Pandya from Stimson Center Washington, DC USA research title Islam and Politics

Mr.Amit Pandya from Stimson Center Washington, DC USA was doing research on  Islam and Politics Renewal and Resistance in the Muslim World. they invited me in the discussion on the mentioned topic in YMCA, Mumbai Central and after the discussion Mr Pandya prepared his research and published it you can have look at http://www.stimson.org/images/uploads/research-pdfs/IslamPolitics-Appendix_2.pdf

Monday, July 6, 2015

Conquest of Makkah –A Day of Mercy


 
  


Conquest of Makkah- A Day of Mercy





When a person comes in power after getting so much torched by his enemy like when his enemy who had taken the life of members from his family, tortured his friends and beloved or made his life tremendously intolerable? Imagine what would happen to that person when his enemy life was at his mercy? Mostly we find in History such enemies were treated so harsh until he get killed but history shows one great noble personality character who forgive his enemy such person is no one but the Holy Prophet Muhammad Sallalahu alaihe wasallam. The Holy Prophet (Sallallahu alaihi wa sallam) and his followers were troubled by the Quraish for so many years to the point.  Right from the declaration of Prophethood to Hijrah and after that.  They had troubled Muslims, fought wars against them. Time and again they conspired to martyr the Holy Prophet (Sallallahu alaihi wa sallam).  When the Holy Prophet (Sallallahu alaihi wa sallam) had these blood-thirsty enemies at His mercy, While Prophet (Sallallahu alaihi wa sallam) conquest Makka on Ramadan 20, 8 AH (630 AD) and entering Makkah the Prophet (Sallallahu alaihi wa sallam) made sure to request that the non-Muslims or former enemies of the Muslims be shown kindness, He (Sallallahu alaihi wa sallam) gave an order full of mercy and benevolence. He (Sallallahu alaihi wa sallam) announced:
Those who shelter in the Ka’ba are safe; those who shelter in the house of Abu Sufyan are safe, and those who remain confined to their houses are also safe.( Al-Kamil fi al-Tarikh by Ibn al-Athir )

Abu Sufayan was a leader of Quraysh and one of the ardent enemies of the Prophet (Sallallahu alaihi wa sallam) The Meccans were afraid about the impending conquest of their city because the Arabs had lived by the law of retaliation and there was a fear that Muslims would take revenge for the persecution of the Muslims and the losses in subsequent battles. When the Prophet (Sallallahu alaihi wa sallam)  and the Muslims entered the area of the Kaba, he announced clemency for everyone in Mecca who no longer wished to fight the Muslims: This day no reproach shall be on you. God will forgive you; He is the Most Merciful of the Merciful. You can go away free! ( Ibn Hisham Vol-2, page235)

Historic Address of the Prophet:
The Historical address made by the holy Prophet (Sallallahu alaihi wa sallam) after the conquest of Makka it is Allama ibn kasir and ibn Hisham mentioned the Prophet (Sallallahu alaihi wa sallam) said addressed to the people of Makka: "None has the right to be worshiped but Allah. He has fulfilled His Promise and help to His slave. He has alone overthrown all the Confederates. All the rites, privileges and claims to retaliation and blood compensation are beneath my feet except the custody of the Ka'bah and the giving water to the pilgrims. Even cutting down a green tree is not valid within the sanctuary. O you people of the Quraysh, Allah has abolished the haughtiness of paganism and the pride of lineage. Man comes from Adam and Adam came from clay. Allah the Almighty Says (what means): 'O mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you. Indeed, Allah is Knowing and Acquainted'. [Quran, 49:13]
O Quraysh! What do you think I am about to do with you?" "We hope for the best," they replied, "You are a noble brother, son of a noble brother." The Prophet of Allah said in reply, "I say to you what Yoosuf (Prophet Joseph may Allah exalt his mention) said to his brothers: 'Have no fear this day, go your way for you are all free'.(Tarikh Ibn Kaseer Vol4, chapter Fathe Makka,page 240, Ibn Hisham Vol-2, page242 )
Many of the Meccans, who were expecting some sort of punishment, were surprised by the Prophet’s (Sallallahu alaihi wa sallam) statement and some decided to become Muslim. Thus, the conquest of Mecca was bloodless and ended years of warfare and violence between Quraysh and the Muslims.

This event is significant for Muslims because it demonstrates the character of the Prophet (Sallallahu alaihi wa sallam). He could have exacted revenge, in accordance with the traditions of the Arabs, but instead he showed mercy on the Meccans. This is an important reminder for Muslims even to the present day about how conflict should be addressed. Finally, the conquest was a defining moment because it established Islam on the Arabian Peninsula, from there it spread to become a major world religion.

The conquest of Makkah is a magnificent part of Prophet’s (Sallallahu alaihi wa sallam)  life and history, to be greatly reflected upon. It is for both Muslims and non-Muslims to understand it and recognise what it teaches to a community in this age. The reality of life as human beings, that people can change. One of the greatest qualities Prophet (Sallallahu alaihi wa sallam) had was that he could change the heart of his enemies towards love to him, this is a quality of character lacking in today’s society. People who come in power not only take revenge but most of time they torched to other by their all sources to those who not agree with their views. This is reason name sake educated and modern world is losing their morality and inhuman activities take place in the name of cast, religion, sect, country, color and culture. 

Sunday, February 15, 2015

My book Jihad In The Light of Holy Quran got place in Oxford, Cambridge Universities and Trinty college Dulbin of Ireland libraries collection



My book Jihad In The Light of Holy Quran first got place in  Oxford university comparative religion study center  and now it got place in Oxford ,Cambridge Universities and  Trinity college Dublin of Ireland libraries collection also. After 9/11 When I saw there is big universal misunderstanding between term Jihad and Terrorism, due to which the whole world is facing great problems. Then I pick up pen and try to clear the misconcept about Jihad, Here you can see the link

Oxford University Library link:
http://solo.bodleian.ox.ac.uk/primo_library/libweb/action/display.do?tabs=detailsTab&ct=display&fn=search&doc=oxfaleph017183290&indx=1&recIds=oxfaleph017183290&recIdxs=0&elementId=0&renderMode=poppedOut&displayMode=full&frbrVersion=&dscnt=1&vl(103770091UI1)=all_items&scp.scps=scope%3A(NET)%2Cscope%3A(OX)&frbg=&tab=local&dstmp=1325931061077&srt=rank&mode=Basic&dum=true&tb=t&vl(1UIStartWith0)=contains&vl(freeText0)=jihad%20in%20the%20light%20of%20holy%20quran&vl(169119528UI0)=any&vid=OXVU1

Cambridge University library link:
http://search.lib.cam.ac.uk/?itemid=|cambrdgedb|4338629

 Trinity college Dublin of Ireland library link:
http://stella.catalogue.tcd.ie/iii/encore/record/C__Rb13066754__Sjihad%20in%20the%20light%20of%20holy%20quran__Orightresult__U__X4?lang=eng&suite=cobalt

Roznama Sahara report : http://www.roznamasahara.com/Details.aspx?id=128289&boxid=114241567


Thursday, February 12, 2015

RTE admission detail should be publish prior to admission and school admission policy make easy



Am with Dr. Pallavi Darade Additional Municipal Commissioner

Many parent suffering during time of school admission for their children. Specialty under the quota RTE regarding this I met with Dr. Pallavi Darade Additional Municipal Commissioner of BMC at Municipal Head Office on 11 February  2015 and raised the following issues.

1.     RTE admission information like website name and helpline number must  
published in news paper because in last (2014) year many seats was vacant due to unawareness and Mumbai high Court was also slap. Now this year on 23 February 2015 admission under RTE is going to start. So before that all information should be release like Website name, admission criteria and helpline number.
1.  Some school issuing admission form in very short timing like 2 or 3 hours. form distributing time should be increase.
2.     Some school only give admission form to parent not to other due to that working people or who’s parent are working other states or country or sick not able to collect admission form are not able to collect. Such condition should be remove.
3.     Some schooling asking for parent educational and Income proof and also asking donation after getting admission and they mandate picnic for each children those who are not able to attained picnic schools minus some marks from their result. these condition are totally against from the admission policy it should be remove.
4.     Those who want to open new school are not getting all information on one desk. I therefore request put all the criteria and procedure information on BMC website.
Many other core issues was discussed on the same time. Dr Pallavi Darade Additional Municipal Commissioners of BMC take immediate action and called to education department for urgent meeting on the mentioned issues and said she will take necessary action on the mentioned issues. 





Thursday, December 11, 2014

My request Maharashtra Govt must remove Government servant guarantor condition for getting aid from Maulana Azad Minorities Financial Development Corporation Limited


Maulana Azad Minorities Financial Development Corporation Limited, Mumbai is the Maharashtra state’s channelizing agency of Government of India’s National Minorities Development and Finance Corporation run by the Union Minority Affairs Ministry. It was constituted to meet the financial requirements and social upliftment of financially backward classes amongst the minorities with the aim to promote self employment, provide economic upliftment, educational loans to students and other ventures for the benefit of educated unemployed minorities

I tried draw attention of Shri Shri Eknathrao Khadse Hon’ble Minority affair Minister Govt of Maharashtra,Shri Narendra Modi Hon’ble Prime Minister of India Smt.Dr. Najma A. Heptulla Hon’ble Minister of Minority Affair, Govt of India and Shri Devendra Gangadharrao Fadnavis Hon’ble C.M Maharashtra toward current eligibility criteria for getting aid under  Maulana Azad Minorities Financial Development Corporation Limited one big barrier has come that is to give government servant guarantor due to that majority of needful people belong to minority will not be benefited by the such aid. Because there are lacking of government servant in the minority community specially in the Muslim. Secondly poor people will not be able to get government servant easily to give their guarantee. I said when National Minority Development and Finance Coporation and even our nationalize banks gives loan to the student without any government servant guarantor then why such condition has putted here?


I therefore requested to all the mentioned dignitaries to make easy process for getting aid from Maulana Azad Minorities Financial Development Corporation Limited and remove the government servant guarantor condition and make it as it was before. 

Sahara Urdu News paper published this news plz see the link


Mumbai Edition: http://www.roznamasahara.com/Details.aspx?id=120029&boxid=115534937

Delhi Edition :http://www.roznamasahara.com/Details.aspx?id=119981&boxid=25149419 

Wednesday, June 11, 2014

Authentic Hadith About Shab-e-Bara’at (Mid Night of Shaban)

Authentic Hadith About Shab-e-Bara’at (Mid Night of Shaban)

Literally, Shab-e-Barat means the night of salvation or the night of freedom from the Fire of Hell. It occurs in Mid-Shaban – between the 14th and 15th day of Shaban. This night, known as Shab-e-Barat or Laylat-ul-Baraa, is called Laylatun Nisf min Shaban in Arabic. The blessed night starts at sunset on the 14th and ends at dawn on the 15th.

He whole of the month of Shaban is meritorious. Its excellent merit is evident from a tradition narrated by Aisha, the mother of the faithful: “The Prophet did not fast in any month more than Shaban.” (Sahih Bukhari)

Authentic Ahadith about the merits of Shab-e-Bara’at

1)Among the Hadiths stressing the importance of 15th Sha`ban is the following:
The special merit is attached to Shab-e-Barat. Aisha, the mother of the faithful, also reported: “The Prophet said: ‘On the middle night of Shaban (that is, Shab-e-Barat), Allah most high descends to the lowest heaven and remits more sins than the hair of the goats of Banu Kalb.’” (Jami Tirmidhi)

2)A third tradition of Hazrat Aisha, the truthful, states that the Holy Prophet asked: “Do you know what happens this night?” meaning the middle night of Shaban (that is, Shab-e-Barat). She submitted: “O Allah’s Messenger, what happens in it?” He replied: “In it record is made of every human being who will be born, and of every human being who will pass away this year. In it their deeds are taken up to heaven and in it their provisions are sent down.” (Baihaqi)

3) Narrated by Aisha (r.a), I missed Allah's Messenger during the night and found him in al-Baqui'. He said: Were you afraid that Allah and His Messenger would deal unjustly with you? I said: Allah's Messenger, I thought that you had gone to some of your other wives. He (the Prophet) said: Verily Allah, the Exalted and Glorious, comes down to the heaven of the world in "the middle night of Sha'ban" and forgives sins even more abundant than the hair of the goats of Kalb. [Sunan Tirmidhi Volume 001, Hadith Number 670, Ibn Maja Volume 002, Hadith Number1379]

4) Narrated by Abu Musa al-Ash'ari, Allah's Messenger said, Allah, the Exalted and Glorious looks down on "the middle night of Sha'ban" and forgives all His creation, except a polytheist or one who is mushahin(one bent on hatred). [Sunan Ibn Maja Volume 002, Hadith Number 1380]

5)  Narrated by Abdullah Ibn Amr Ibn al-'As Allah's Messenger said, Allah, the Exalted and Glorious looks down on "the middle night of Sha'ban" and forgives all His creation except two people, the Mushahin (one bent on hatred) and the murderer. [Musnad Ahmad Volume 003, Hadith Number 6353]

6) It is reported by Abu Thalaba that the Prophet (peace be upon him) said: On the 15th night of Shabaan, Allah looks over at his creation and forgives all the believers except for the one who begrudges and hates. He leaves them in their enmity. [Bayhqi, Tafsir ad-Dar al-Manthur under the Verse 44:3]

7) It is reported by Muaz bin Jabbal that the Prophet (peace be upon him) said: Allah looks at His creation in "the night of mid-Sha`ban" and He forgives all His creation except for a Mushrik (idolater) or a Mushahin (one bent on hatred). [Ibn Hibban, Sahih, ed. Shu`ayb Arna'ut Volume 012: Hadith Number 5665]

 8) Narrated by A'isha: She said: The Prophet (peace be upon him) stood up in prayer during part of the night and made his prostration so lengthy that I thought his soul had been taken back. When I saw this I got up and went to move his big toe, whereupon he moved, so I drew back. When he raised his head from prostration and finished praying, he (pbuh) said: "O A'isha, O fair little one (Humayra')! Did you think that the Prophet had broken his agreement with you?" She replied: "No, by Allah, O Messenger of Allah, but I thought that your soul had been taken back because you stayed in prostration for so long." He said: "Do you know what night this is?" She said: "Allah and His Prophet know best." He said: "This is the night of mid-Sha`ban! Verily Allah the Glorious and Majestic look at His servants on "the night of mid-Sha`ban, and He forgives those who ask forgiveness, and He bestows mercy on those who ask mercy, and He gives a delay to the people of envy and spite in their state."  [Bayhaqi in Shu`ab al-Iman Volume 003: Hadith Number 3835]

9) IImran bin Husain (ra) reported, Allah's Messenger (peace be upon him) having said to him or to someone else: Did you fast in the "Middle of Sha'ban?" He said: No. Thereupon he (the Holy Prophet) said: If you did not observe fast, then you should observe fast for two days. [Muslim Book 006, Number 2607]

Scholarly Opinions

The virtue of the night of mid Shaban has been established right from the Prophet (peace be upon him) himself and has come from multiple channels of transmission from Abdullah bin Amr, Muadh, Abu Hurairah, Abu Thulabah, Awf bin Malik, Abu Bakr, Abu Musa, Aishah (May Allah be pleased with all of them) each of the narrations strengthening each other.

Imam Shafi'i writes:
“Verily, Dua is accepted on five nights: the night of Juma’, the night of Eid Al-Adha, the night of Eid Al-Fitr, the first night of Rajab, and the 15th night of Shabaan”. [Al-Umm, Volume 001, Page No. 231]

Imam Shurunbulali Hanafi writes:
“It is desirable to revive the last ten nights of Ramadan, two nights of Eidain (Eid ul-Fitr and Eid ul-Adha), ten nights of Zil Hijjah, and the 15th night of Sha`ban.” [Noorul Eidhah Page No. 63]

Shaikh Abu-Ishaq Ibrahim Al-Hanbali writes:
“It is desirable to revive the time (with Salat and Ibadah) between the two E’sha’s (Maghrib and E’sha) because of the Ahadith. Many scholars say: Similarly with the night of Ashura, the first night of Rajab, and the 15th night of Sha`ban”. [Al-Mubdi Volume 002, Page No. 27]

Sheikh Mansoor Bahoti Hanbali writes:
“As for the 15th night of Sha`ban, it is a night of virtue. Some of the Salaf prayed the whole night, although establishing congregational prayers (on this night) is good innovation. And the reward of Ibadah on "the 15th night of Sha`ban" is the same as the reward of Ibadah on the night of E’id. [Kash-shaful Qina, Volume 001: Page No. 444]

Sheikh Mubarakpuri (Salafi scholar) writes:
 “You should know that a sufficient number of Ahadith have been narrated confirming "the virtues of the 15th night of Sha`ban". All these Ahadith prove that it has a basis.
 After relating many Ahadith about the importance of this night, he says:
 “The sum of all these Ahadith is strong evidence against the one "who thinks there is no proof" of the virtue of the 15th night of Sha`ban" and Allah knows best. [Tuhfat ul Ahwadhi Volume 003: Page. 365-367]

Ibn-Taimiyyah when asked about the 15th night of Sha’ban replied:
 ‘‘As for the 15th night of Shabaan, there are many narrations and Athar (quotes from the Sahabah) regarding its virtue. It has been reported of the Salaf that they prayed in this night. Therefore, praying alone on this night, having precedence in the Salaf, is sufficient evidence and something of this kind surely cannot be denied”.
At another occasion, Ibn-Taimiyyah was asked the same question and he replied:
“If one prays on this night alone or in a select company of people as many groups amongst the Salaf did, "then it is good". [Fatawa Ibn Taimiyyah Volume 23, Page 131-132]


Usually the some group claiming that all Hadiths about the merits of Shab-e-Bar’at are “Daeef” (Weak). First of all, the Hadith of Ibn Habban is termed as "SAHIH" by classical scholars of this technical Islamic science. Even if any follower of such groups does not believe in the classical scholars of Hadith, here is a compelling evidence from those group who raise object their scholar  of the last century and a reputed scholar of Ahlehadees, Nasir ud Din Albani. He declared Hadiths of 15th Shabaan as “Hassan” and “Sahih” (authentic). See: (Silsilat ul-Ahadith-as Sahiha, Nasir ud din Albani, Volume No. 3, Page No. 135) seethe scan copy of [Sahih Ibne Maja Safha 414] page


One more scholar of Ahlehadees,  Muhaddis  Allama Abdur Rahman Mubarakpuri said these Hadiths are collectively declare argument against those se who claim 15 Shaaban Night has no merits  [Tohfatul Ahwazi P.441-442/3]


Conclusion:
To sum up, the virtues of the blessed night of mid Sha’aban are established by authentic Ahadith and a group of the Salaf (سلف "predecessor" is an early Muslim of the first three generations of proponents of the religion). So, it is highly recommended to celebrate this night and stay up on it.

Friday, May 30, 2014

What India constitution says about Minorities Educational rights?







Minorities of any nation are integral part of their countries. They play a very vital role in every country’s political & social upliftment, contributing significantly in the development of all countries .No society can develop if its minority population is neglected and not given proper education.
Over the years India has seen that Governments from time to time develop programmes & schemes for educational development of Minorities. "All minorities…shall have the right to establish and administer education institutions of their own"_____ is the mandate, as per Article 30(1) of the Constitution. Government is committed to address the existing backwardness in education of minorities, especially the Muslims, constituting the major chunk of the minorities. Therefore, the Prime Minister's New 15 Point Programme, inter-alia, aims to enhance opportunities for education of minorities ensuring an equitable share in economic activities and employment.

To address the low participation of the minorities especially Muslims who are the largest section of educationally backward minorities, in the national education system, the Government of India and other organizations  has taken several significant initiatives:-

Articles 29 and 30 of Indian Constitution guarantee the right of minorities to conserve the language, script and culture and to establish and administer educational institutions of their choice whether based on religion or language. So far as linguistic minorities are concerned the following constitutional guarantees have been provided which are in addition to articles relating to fundamental rights in part III of the Constitution:-

(i) Article 29. Protection of interests of minorities.
(a) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
(b) No citizen shall be denied admission into any educational institution. maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
(ii) Article 30. Right of Minorities to establish and administer educational institutions.
(a) All minorities, whether based on religion-or language, shall have the right to establish and administer educational institutions of their choice.
(b) The State shall not in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of minority, whether based on religion or language.
(iii) Article 350 A. Facilities for instruction in mother-tongue at primary stage.
(a) It shall be the endeavour of every State and of every local authority within the State to provide adequate facilities for instruction in the mother-tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such directions to any State as he considers necessary or proper for securing the provision of such facilities.
The implementation of the above guarantees has been uneven although the various Conferences of Education Ministers, 116 Government of India memorandum of 1956 as also the statement on languages in 1958 etc., have been laying emphasis on the special treatment to linguistic minorities.
2. According to 1981 Census, the religious minorities constitute about 17.4% of the population of which Muslims are 11.4%, Christians 2.4%, Sikhs 2%, Buddhists 0.7% and Jains 0.5%. Ministry of Home Affairs have identified Muslims and Neo-Buddhists as educationally backward at national level. It was agreed that the State Governments may also identify other groups which are educationally backward at the State level. Special efforts need to be taken to bring these educationally backward minorities on par with the rest of the society and to make them participate fully in the national developmental activities.
3. The National Policy on Education 1986 states the following regarding education of minorities vide para 4.8 of the document: "Some minority groups are educationally deprived or backward. Greater attention will be paid to the education of these groups in the interest of equality and social justice. This will naturally include the constitutional guarantees given to them to establish and administer their own educational institutions, and protection to their languages and culture. Simultaneously, objectivity will be reflected in the preparation of text books and in all school activities, and all possible measures will be taken to promote an integration based on appreciation of common national goals and ideals, in conformity with the core curriculum."