Sunday, February 16, 2025

Kerala Court Rejects Sharia Allegations in Handshake Case!

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Kerala Court Upholds Constitution Over Religious Beliefs in Landmark Handshake Case

The Kerala High Court recently made a significant ruling, rejecting a petition to quash the case against a man who criticized a Muslim girl for shaking hands with a male minister. The man, who made provocative claims against her for violating Sharia law, found no relief in the court, which declared that personal religious beliefs cannot override the Constitution. The judgment stands as a beacon for individual liberty and freedom of expression in India.

Upholding Constitutional Rights

At the core of this case was a fundamental question: Can one impose their religious beliefs on others? The Kerala High Court answered with a firm “no.” The judge, P.V. Kunhikrishnan, emphasized that while everyone has the right to practice religion freely, it does not mean they can impose it on others. The girl, a college student, had shaken hands with the then Finance Minister, Dr. Thomas Issac, during an interactive session, which was caught on video. This simple gesture of politeness triggered a wave of criticism from some radicals, who accused her of breaking Islamic law.

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The court dismissed these allegations and reiterated that the Constitution is the supreme law of the land. It protects every individual’s personal liberty, including their right to engage in public gestures like a handshake. The verdict also reminded citizens that religious practices should be voluntary, not forced.

The Court added that the right to propagate religion does not mean that religious practices can be imposed on others.

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Propagate religion does not mean that the religious practice should be imposed on others…Articles 25 to 28 of the Constitution of India do not permit a person to impose his religious beliefs on another,” the Court said.

A Stand Against Radicalism

This incident highlights a broader issue – the growing radicalism in Kerala. Over the years, the state has seen increasing influence from Islamist groups, with cases like this showcasing the extent to which some are willing to go in enforcing their interpretations of religious law. At the same time, the Quran has verses that seem contradictory when read in isolation. For instance, while one verse might prohibit a certain action, the next could provide a more lenient view, leading to confusion.

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In Islam, physical contact between unrelated members of the opposite sex including a handshake is generally considered ‘haram’ (forbidden). This prohibition is based on Quranic Verses (eg.24:30-31, 33:35), Hadiths (saying of Prophet Muhammad) and Islamic jurisprudence (Fiqh). According to the Muslim religion, the reason for this prohibition is modesty and humility, avoiding the potential temptation of fitnah and maintaining moral boundaries. But the Quranic Verses emphasize personal choice as far as religion is concerned. Surah Al-Kafirun (109:6) says, “For you is your religion, and for me is my religion”. Surah AlBaqarah (2:256) says that “There is no compulsion in religion”,” the Court explained.

In this case, the girl’s decision to shake hands was her personal choice. It was neither an act of rebellion nor a violation of law, yet radicals took it upon themselves to harass her publicly. This narrow-mindedness is concerning and reflects a dangerous trend of enforcing religious dogma on others.

Kerala: Battleground of Ideologies

While Kerala has long been known for its high literacy and progressive values, recent developments suggest a shift. Radical elements are trying to turn the state into a stronghold of Islamist ideologies. The increasing frequency of such incidents, where personal liberties are attacked in the name of religion, is alarming. However, cases like this also show that there is resistance. Individuals are standing up for their rights, and the judiciary is backing them.

This case isn’t just about one girl’s handshake; it represents a larger battle for the soul of Kerala. The fight against radical Islamism is gaining momentum, and this judgment serves as a reminder that the Constitution remains the ultimate authority. Kerala must not become a breeding ground for Sharia law or religious extremism.

A Call to Protect Kerala

As we reflect on this case, it is clear that Kerala is at a crossroads. Will it continue to be a state of progress, education, and personal freedom? Or will it succumb to the growing tide of radicalism? The answer lies in the hands of its citizens and institutions. The courts have shown their commitment to upholding the Constitution.

A young brave Muslim girl comes forward and says that it violates her personal freedom of religious belief. In such situations, our constitution will protect her interest. Moreover, it is the duty of the society to support her. No religious belief is above the constitution and the constitution is supreme,” the Court said in its order.

But it is up to society to resist the forces trying to impose a singular, rigid worldview. Kerala must not be allowed to turn into a radical Islamist state.

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