04-10-2004, 08:34 PM
AKISTAN OR THE PARTITION OF INDIA
________________________________________________________________
Contents
PART IV : PAKISTAN AND THE MALAISE
Chapter X : Social stagnation
Chapter XI : Communal aggression
PART IV
PAKISTAN AND THE MALAISE
The Hindu-Muslim problem has tow aspects to it. In its first aspect, the problem that presents itself is the problem of
two separate communities facing each other and seeking adjustment of their respective right and privileges. In its
other aspect, the problem is the problem of the reflex influences which this separation and conflict produces upon each
of them. In the course of the foregoing discussion we have looked at the project of Pakistan in relation to the first of
the aspects of the Hindu-Muslim problem. We have not examined the project of Pakistan in relation to the second
aspect of that problem. Yet, such an examination is necessary because that aspect of the Hindu-Muslim problem is not
unimportant. It is a very superficial if not an incomplete view to stop with the problem of the adjustment of their
claims. It cannot be overlooked that their lot is cast together as such they have to participate in a course of common
activity whether they like it or not. And if in this common activity they face each other as two combatants do, then their
actions and reactions are worth study, for they affect both and produce a state of affairs from which if it is a deceased
state, the question of escape must be faced. A study of the situation shows that the actions and reactions have produced
a malaise which exhibits itself in three ways <!--emo&
--><img src='style_emoticons/<#EMO_DIR#>/sad.gif' border='0' style='vertical-align:middle' alt='sad.gif' /><!--endemo-->l) Social Stagnation, (2) Communal Aggression, and (3) National
Frustration of Political 'Destiny. This malaise is a grave one. Will Pakistan he a remedy for the malaise ? Or, will it
aggravate the malaise ? The following chapters are devoted to the consideration of these questions.
CHAPTER X
SOCIAL STAGNATION
I
The social evils which characterize the Hindu Society, have been well known. The publication of Mother India by
Miss Mayo gave these evils the widest publicity. But while Mother India served the purpose of exposing the evils and
calling their authors at the bar of the world to answer for their sins, it created the unfortunate impression throughout
the world that while the Hindus were grovelling in the mud of these social evils and were conservative, the Muslims in
India were free from them, and as compared to the Hindus, were a progressive people. That, such an impression should
prevail, is surprising to those who know the Muslim Society in India at close quarters.
One may well ask if there is any social evil which is found among the Hindus and is not found among the Muslims ?
Take child-marriage. The Secretary of the Anti-Child-marriage Committee, constituted by the All-India Women's
Conference, published a bulletin which gives the extent of the evil of child-marriage in the different communities in
the country. The figures which were taken from the Census Report of 1931 areas follows :â
TABLE
MARRIED FEMALES AGED 0-15 PER 1000 FEMALES OF THAT AGE
Hindus Muslims Jains Sikhs Christians
1881 208 153 189 170 33
1891 193 141 172 143 37
1901 186 131 164 101 38
1911 184 123 130 88 39
1921 170 III 117 72 32
2931 199 186 125 80 43
.
Can the position among the Musalmans so far as child-marriage goes, be considered better than the position among the
Hindus ?
Take the position of women. It is insisted by Muslims that the legal rights given to Muslim women, ensure them a
greater measure of independence than allowed to other Eastern women, for example, Hindu women, and are in excess
of the rights given to women in some Western countries. Reliance is placed on some of the provisions of the Muslim
Law.
Firstly, it is said the Muslim Law does not fix any age for marriage, and recognizes the right of a girl to marry any
time. Further, except where the marriage is celebrated by the father or the grandfather, a Muslim girl, if given in
marriage in childhood, has the power to repudiate her marriage on attaining puberty.
Secondly, it is held out that marriage among the Musalmans is a contract. Being a contract, the husband has a right to
divorce his wife and the Muslim Law has provided ample safeguards for the wife which, if availed of, would place the
Muslim wife on the same footing as the husband in the matter of divorce. For, it is claimed that the wife under the
Muslim Law can, at the time of the marriage,' or even thereafter in some cases, enter into a contract by which she may
under certain circumstances obtain a divorce.
Thirdly, the Mahomedan Law requires that a wife can claim from her husband, by way of consideration for the
surrender of her person, a sum of money or other propertyâknown as her " dower ". The dower may be fixed even
after marriage and if no amount is fixed, the wife is entitled to proper dower. The amount of dower is usually split into
two parts, one is called " prompt " which is payable on demand, and the other " deferred " which is payable on
dissolution of marriage by death or divorce. Her claim for dower will be treated as a debt against the husband's estate.
She has complete dominion over her dower which is intended to give her economic independence. She can remit it or
she can appropriate the income of it as she pleases.
Granting all these provisions of law in her favour, the Muslim woman is the most helpless person in the world. To
quote an Egyptian Muslim leader :â
" Islam has set its seal of inferiority upon her, and given the sanction of religion to social customs which have deprived
her of the full opportunity for self-expression and development of personality."
No Muslim girl has the courage to repudiate her marriage, although it may be open to her on the ground that she was a
child and that it was brought about by persons other than her parents. No Muslim wife will think it proper to have a
clause entered into her marriage contract reserving her the right to divorce. In that event, her fate is " once married,
always married." She cannot escape the marriage tie, however irksome it may be. While she cannot repudiate the
marriage, the husband can always do it without having to show any cause. Utter the word " Tallak "' and observe
continence for three weeks and the woman is cast away. The only restraint on his caprice is the obligation to pay
dower. If the dower has already been remitted, his right to divorce is a matter of his sweet will.
This latitude in the matter of divorce destroys that sense of security which is so fundamental for a full, free and happy
life for a woman. This insecurity of life, to which a Muslim woman is exposed, is greatly augmented by the right of
polygamy and concubinage, which the Muslim Law gives to the husband.
Mahomedam Law allows a Muslim to marry four wives at a time. It is not unoften said that this is an improvement
over the Hindu Law which places no restriction on the number of wives a Hindu can have at any given time. But it is
forgotten that in addition to the four legal wives, the Muslim Law permits a Mahomedan to cohabit with his female
slaves. In the case of female slaves nothing is said as to the number. They are allowed to him without any restriction
whatever and without any obligation to marry them.
No words can adequately express the great and many evils of polygamy and concubinage and especially as a source of
misery to a Muslim woman. It is true that because polygamy and concubinage are sanctioned, one must not suppose
they are indulged in by the generality of Muslims; still the fact remains that they are privileges which are easy for a
Muslim to abuse to the misery and unhappiness of his wife. Mr. John J. Pool, no enemy of Islam, observes [f1] 1:â
"This latitude in the mailer of divorce is very greatly taken advantage of by some Mohamedans. Slohart, commenting
on this subject in his book, Islam, and its Founder, says: ' Some Mohamodans make a habit of continually changing
their wives. We read of young men who have had twenty and thirty wives, a new one every three months: and thus it
comes about that women are liable to be indefinitely transferred from one man to another, obliged to accept a husband
and a home whenever they can find one, or in case of destitution, to which divorce may have driven them, to resort to
other more degrading means of living. Thus while keeping the strict letter of the law, and possessing only one or
certainly not more than four wives, unscrupulous characters may yet by divorce obtain in a lifetime as many wives as
they please.
" In another way also a Mohammedan may really have more than four wives, and yet keep within the law. This is by
means of living with concubines, which the Koran expressly permits. In that sura which allows four wives, the words
are added, ' of the slaves which ye shall have acquired.' Then in the 70th suru. it is revealed that it is no sin to live with
slaves. The very words are: ' The slaves which their right hands possess, as to them they shall be blameless.' At the
present day, as in days past, in multitudes of Mohamedan homes, slaves are found; as Muir says, in his Life of
Mahomet ' so long as this unlimited permission of living with their female slaves continues, it cannot be expected that
there will be any hearty attempt to put a stop to slavery in Mohamedan countries.' Thus the Koran, in this matter of
slavery, is the enemy of the mankind. And women, as usual, are the greater sufferers.'
Take the caste system. Islam speaks of brotherhood. Everybody infers that Islam must be free from slavery and caste.
Regarding slavery nothing needs to be said. It stands abolished now by law. But while it existed much of its support
was derived from Islam and Islamic countries.[f2] 2 While the prescriptions by the Prophet regarding the just and
humane treatment of slaves contained in the Koran are praiseworthy, there is nothing whatever in Islam that lends
support to the abolition of this curse. As Sir W. Muir has well said 3[f.3] :â
"...rather, while lightening, lie riveted the fetter.... There is no obligation on a Muslim to release his slaves. ... "
But if slavery has gone, caste among Musalmans has remained. As an illustration one may take the conditions
prevalent among the Bengal Muslims. The Superintendent of the
Census for 1901 for the Province of Bengal records the following interesting facts regarding the Muslims of Bengal
:â
" The conventional division of the Mahomedans into four tribesâ Sheikh, Saiad, Moghul and Pathanâhas very little
application to this Province (Bengal). The Mahomedans themselves recognize two main social divisions, (1) Ashraf or
Sharaf and (2) Ajlaf Ashraf means ' noble ' and includes all undoubted descendants of foreigners and converts from
high caste Hindus. All other Mahomedans including the occupational groups and all converts of lower ranks, are
known by the contemptuous terms, ' Ajlaf , ' wretches ' or ' mean people ': they are also called Kamina or Itar, ' base '
or Rasil, a corruption of Rizal, ' worthless '. In some places a third class, called Arzal or ' lowest of all ', is added. With
them no other Mahomedan would associate, and they are forbidden to enter the mosque to use the public burial
ground.
"Within these groups there are castes with social precedence of exactly the same nature as one finds among the
Hindus.
' 1. Ashraf or better class Mahomedans.
(1) Saiads.
(2) Sheikhs.
(3) Pathans.
(4) Moghul.
(5) Mallik.
(6) Mirza.
II. Ajlaf or lower class Mahomedans.
(1) Cultivating Sheikhs, and others who were originally Hindus but who do not belong to any functional group, and
have not gained admittance to the Ashraf Community, e.g. Pirali and Thakrai.
(2) Darzi, Jolaha, Fakir, and Rangrez.
(3) Barhi, Bhalhiara, Chik, Churihar, Dai, Dhawa, Dhunia, Gaddi, Kalal, Kasai, Kula Kunjara, Laheri, Mahifarosh,
Mallah, Naliya, Nikari.
(4) Abdal, Bako, Bediya, Bhal, Chamba, Dafali, Dhobi, Hajjam, Mucho, Nagarchi, Nal,Panwaria, Madaria,Tunlia.
III. Arzal or degraded class. Bhanar, Halalkhor, Hijra, Kasbi, Lalbegi, Maugia, Mchlar."
________________________________________________________________
Contents
PART IV : PAKISTAN AND THE MALAISE
Chapter X : Social stagnation
Chapter XI : Communal aggression
PART IV
PAKISTAN AND THE MALAISE
The Hindu-Muslim problem has tow aspects to it. In its first aspect, the problem that presents itself is the problem of
two separate communities facing each other and seeking adjustment of their respective right and privileges. In its
other aspect, the problem is the problem of the reflex influences which this separation and conflict produces upon each
of them. In the course of the foregoing discussion we have looked at the project of Pakistan in relation to the first of
the aspects of the Hindu-Muslim problem. We have not examined the project of Pakistan in relation to the second
aspect of that problem. Yet, such an examination is necessary because that aspect of the Hindu-Muslim problem is not
unimportant. It is a very superficial if not an incomplete view to stop with the problem of the adjustment of their
claims. It cannot be overlooked that their lot is cast together as such they have to participate in a course of common
activity whether they like it or not. And if in this common activity they face each other as two combatants do, then their
actions and reactions are worth study, for they affect both and produce a state of affairs from which if it is a deceased
state, the question of escape must be faced. A study of the situation shows that the actions and reactions have produced
a malaise which exhibits itself in three ways <!--emo&
--><img src='style_emoticons/<#EMO_DIR#>/sad.gif' border='0' style='vertical-align:middle' alt='sad.gif' /><!--endemo-->l) Social Stagnation, (2) Communal Aggression, and (3) NationalFrustration of Political 'Destiny. This malaise is a grave one. Will Pakistan he a remedy for the malaise ? Or, will it
aggravate the malaise ? The following chapters are devoted to the consideration of these questions.
CHAPTER X
SOCIAL STAGNATION
I
The social evils which characterize the Hindu Society, have been well known. The publication of Mother India by
Miss Mayo gave these evils the widest publicity. But while Mother India served the purpose of exposing the evils and
calling their authors at the bar of the world to answer for their sins, it created the unfortunate impression throughout
the world that while the Hindus were grovelling in the mud of these social evils and were conservative, the Muslims in
India were free from them, and as compared to the Hindus, were a progressive people. That, such an impression should
prevail, is surprising to those who know the Muslim Society in India at close quarters.
One may well ask if there is any social evil which is found among the Hindus and is not found among the Muslims ?
Take child-marriage. The Secretary of the Anti-Child-marriage Committee, constituted by the All-India Women's
Conference, published a bulletin which gives the extent of the evil of child-marriage in the different communities in
the country. The figures which were taken from the Census Report of 1931 areas follows :â
TABLE
MARRIED FEMALES AGED 0-15 PER 1000 FEMALES OF THAT AGE
Hindus Muslims Jains Sikhs Christians
1881 208 153 189 170 33
1891 193 141 172 143 37
1901 186 131 164 101 38
1911 184 123 130 88 39
1921 170 III 117 72 32
2931 199 186 125 80 43
.
Can the position among the Musalmans so far as child-marriage goes, be considered better than the position among the
Hindus ?
Take the position of women. It is insisted by Muslims that the legal rights given to Muslim women, ensure them a
greater measure of independence than allowed to other Eastern women, for example, Hindu women, and are in excess
of the rights given to women in some Western countries. Reliance is placed on some of the provisions of the Muslim
Law.
Firstly, it is said the Muslim Law does not fix any age for marriage, and recognizes the right of a girl to marry any
time. Further, except where the marriage is celebrated by the father or the grandfather, a Muslim girl, if given in
marriage in childhood, has the power to repudiate her marriage on attaining puberty.
Secondly, it is held out that marriage among the Musalmans is a contract. Being a contract, the husband has a right to
divorce his wife and the Muslim Law has provided ample safeguards for the wife which, if availed of, would place the
Muslim wife on the same footing as the husband in the matter of divorce. For, it is claimed that the wife under the
Muslim Law can, at the time of the marriage,' or even thereafter in some cases, enter into a contract by which she may
under certain circumstances obtain a divorce.
Thirdly, the Mahomedan Law requires that a wife can claim from her husband, by way of consideration for the
surrender of her person, a sum of money or other propertyâknown as her " dower ". The dower may be fixed even
after marriage and if no amount is fixed, the wife is entitled to proper dower. The amount of dower is usually split into
two parts, one is called " prompt " which is payable on demand, and the other " deferred " which is payable on
dissolution of marriage by death or divorce. Her claim for dower will be treated as a debt against the husband's estate.
She has complete dominion over her dower which is intended to give her economic independence. She can remit it or
she can appropriate the income of it as she pleases.
Granting all these provisions of law in her favour, the Muslim woman is the most helpless person in the world. To
quote an Egyptian Muslim leader :â
" Islam has set its seal of inferiority upon her, and given the sanction of religion to social customs which have deprived
her of the full opportunity for self-expression and development of personality."
No Muslim girl has the courage to repudiate her marriage, although it may be open to her on the ground that she was a
child and that it was brought about by persons other than her parents. No Muslim wife will think it proper to have a
clause entered into her marriage contract reserving her the right to divorce. In that event, her fate is " once married,
always married." She cannot escape the marriage tie, however irksome it may be. While she cannot repudiate the
marriage, the husband can always do it without having to show any cause. Utter the word " Tallak "' and observe
continence for three weeks and the woman is cast away. The only restraint on his caprice is the obligation to pay
dower. If the dower has already been remitted, his right to divorce is a matter of his sweet will.
This latitude in the matter of divorce destroys that sense of security which is so fundamental for a full, free and happy
life for a woman. This insecurity of life, to which a Muslim woman is exposed, is greatly augmented by the right of
polygamy and concubinage, which the Muslim Law gives to the husband.
Mahomedam Law allows a Muslim to marry four wives at a time. It is not unoften said that this is an improvement
over the Hindu Law which places no restriction on the number of wives a Hindu can have at any given time. But it is
forgotten that in addition to the four legal wives, the Muslim Law permits a Mahomedan to cohabit with his female
slaves. In the case of female slaves nothing is said as to the number. They are allowed to him without any restriction
whatever and without any obligation to marry them.
No words can adequately express the great and many evils of polygamy and concubinage and especially as a source of
misery to a Muslim woman. It is true that because polygamy and concubinage are sanctioned, one must not suppose
they are indulged in by the generality of Muslims; still the fact remains that they are privileges which are easy for a
Muslim to abuse to the misery and unhappiness of his wife. Mr. John J. Pool, no enemy of Islam, observes [f1] 1:â
"This latitude in the mailer of divorce is very greatly taken advantage of by some Mohamedans. Slohart, commenting
on this subject in his book, Islam, and its Founder, says: ' Some Mohamodans make a habit of continually changing
their wives. We read of young men who have had twenty and thirty wives, a new one every three months: and thus it
comes about that women are liable to be indefinitely transferred from one man to another, obliged to accept a husband
and a home whenever they can find one, or in case of destitution, to which divorce may have driven them, to resort to
other more degrading means of living. Thus while keeping the strict letter of the law, and possessing only one or
certainly not more than four wives, unscrupulous characters may yet by divorce obtain in a lifetime as many wives as
they please.
" In another way also a Mohammedan may really have more than four wives, and yet keep within the law. This is by
means of living with concubines, which the Koran expressly permits. In that sura which allows four wives, the words
are added, ' of the slaves which ye shall have acquired.' Then in the 70th suru. it is revealed that it is no sin to live with
slaves. The very words are: ' The slaves which their right hands possess, as to them they shall be blameless.' At the
present day, as in days past, in multitudes of Mohamedan homes, slaves are found; as Muir says, in his Life of
Mahomet ' so long as this unlimited permission of living with their female slaves continues, it cannot be expected that
there will be any hearty attempt to put a stop to slavery in Mohamedan countries.' Thus the Koran, in this matter of
slavery, is the enemy of the mankind. And women, as usual, are the greater sufferers.'
Take the caste system. Islam speaks of brotherhood. Everybody infers that Islam must be free from slavery and caste.
Regarding slavery nothing needs to be said. It stands abolished now by law. But while it existed much of its support
was derived from Islam and Islamic countries.[f2] 2 While the prescriptions by the Prophet regarding the just and
humane treatment of slaves contained in the Koran are praiseworthy, there is nothing whatever in Islam that lends
support to the abolition of this curse. As Sir W. Muir has well said 3[f.3] :â
"...rather, while lightening, lie riveted the fetter.... There is no obligation on a Muslim to release his slaves. ... "
But if slavery has gone, caste among Musalmans has remained. As an illustration one may take the conditions
prevalent among the Bengal Muslims. The Superintendent of the
Census for 1901 for the Province of Bengal records the following interesting facts regarding the Muslims of Bengal
:â
" The conventional division of the Mahomedans into four tribesâ Sheikh, Saiad, Moghul and Pathanâhas very little
application to this Province (Bengal). The Mahomedans themselves recognize two main social divisions, (1) Ashraf or
Sharaf and (2) Ajlaf Ashraf means ' noble ' and includes all undoubted descendants of foreigners and converts from
high caste Hindus. All other Mahomedans including the occupational groups and all converts of lower ranks, are
known by the contemptuous terms, ' Ajlaf , ' wretches ' or ' mean people ': they are also called Kamina or Itar, ' base '
or Rasil, a corruption of Rizal, ' worthless '. In some places a third class, called Arzal or ' lowest of all ', is added. With
them no other Mahomedan would associate, and they are forbidden to enter the mosque to use the public burial
ground.
"Within these groups there are castes with social precedence of exactly the same nature as one finds among the
Hindus.
' 1. Ashraf or better class Mahomedans.
(1) Saiads.
(2) Sheikhs.
(3) Pathans.
(4) Moghul.
(5) Mallik.
(6) Mirza.
II. Ajlaf or lower class Mahomedans.
(1) Cultivating Sheikhs, and others who were originally Hindus but who do not belong to any functional group, and
have not gained admittance to the Ashraf Community, e.g. Pirali and Thakrai.
(2) Darzi, Jolaha, Fakir, and Rangrez.
(3) Barhi, Bhalhiara, Chik, Churihar, Dai, Dhawa, Dhunia, Gaddi, Kalal, Kasai, Kula Kunjara, Laheri, Mahifarosh,
Mallah, Naliya, Nikari.
(4) Abdal, Bako, Bediya, Bhal, Chamba, Dafali, Dhobi, Hajjam, Mucho, Nagarchi, Nal,Panwaria, Madaria,Tunlia.
III. Arzal or degraded class. Bhanar, Halalkhor, Hijra, Kasbi, Lalbegi, Maugia, Mchlar."