Justice Through Law: Rejecting Vigilantism in the Name of Religious Sentiment

By Syed Amjad Hussain, New Age Islam 30 September 2024 The Murder of Kanhaiya Lal Highlights Rising Vigilantism in India, Fuelled By Extremist Ideologies. Prominent Voices Emphasize the Need for Legal Accountability and Dialogue Over Violence, Reinforcing That Grievances Should Be Addressed Through Established Legal Processes Rather Than Personal Vendettas. Main Points- 1. Kanhaiya Lal’s murder highlights the alarming rise of vigilantism in India, fueled by extremist ideologies. 2. Online radicalization plays a significant role in inciting violence. 3. Indian law strictly prohibits personal justice, reserving punishment for the courts. 4. Prominent scholars emphasize the need for legal processes over vigilante actions. 5. Fostering dialogue and accountability is essential for ensuring communal harmony and upholding the sanctity of life in society. ---- Introduction The murder of Kanhaiya Lal, a tailor in Udaipur, highlights a disturbing trend of vigilantism that undermines the rule of law in India. This act of violence, committed by individuals claiming to avenge an alleged insult to Prophet Muhammad, raises critical questions about how society addresses grievances within a secular framework. Context of the Incident Kanhaiya Lal's death followed his support for controversial remarks made by Nupur Sharma, a suspended BJP spokesperson, sparking outrage among some Muslims. The two assailants, Ghous Mohammed and Riyaz Attari, were affiliated with Dawat-e-Islami, a Pakistan-based organization that claims to propagate Sufism and a softer interpretation of Islam. Founded in 1981, Dawat-e-Islami was established to counteract the spread of Deobandism, particularly through the Tablighi Jamaat. In 1989, a delegation of Ulema from Pakistan visited India, leading to the establishment of Dawat-e-Islami’s branches in Delhi and Mumbai. Sayed Arif Ali Attari, a top functionary, has been actively working to expand the organization’s presence in India. Those connected with Dawat-e-Islami often use "Attari" as their surname, reflecting their affiliation with the group. As per the reports, previously, the organization was managed by Shakir Ali Noori, who later parted ways to found Sunni Dawate Islami, which has no connections with Dawat-e-Islami. Rajasthan Director General of Police (DGP) ML Lather confirmed that Ghous Mohammed had links with Karachi-based Dawat-e-Islami and had visited the city in 2014. “During the investigation, it was found that the accused, Ghouse Mohammad, was in touch with the organisation (Dawat-e-Islami) and had even made a visit to Karachi,” the DGP stated at a press conference. Recent Incident of Radicalization In November 2023, Laraib Hashmi, a BTech student from Prayagraj, Uttar Pradesh, attacked an electric bus conductor. Laraib, influenced by aggressive sermons from Pakistani Maulanas, recorded a video after the attack, chanting religious slogans and invoking Khadim Hussain Razvi, founder of Tehreek-e-Labbaik Pakistan (TLP). Investigations revealed that Laraib was an introvert and seldom interacted with other students at his college, suggesting a troubling pattern of isolation leading to radicalization. His case exemplifies how individuals can be swayed by extremist rhetoric, leading to acts of violence in the name of religious sentiment. The language and accent in his video were influenced by the religious leader he followed on YouTube, highlighting the role of online radicalization. The Role of Tehreek-e-Labbaik Pakistan Tehreek-e-Labbaik Pakistan is a far-right Islamist political party founded by Khadim Hussain Rizvi in August 2015. The party emerged in response to perceived threats against Pakistan's blasphemy laws and has gained significant attention for its violent protests and radical demands. In the 2018 Pakistani general election, Tehreek-e-Labbaik Pakistan became the fifth-largest party, securing over 2.2 million votes, though it failed to win seats in the National Assembly or Punjab Assembly, managing to win three seats in the Sindh Assembly. TLP is known for its aggressive stance against any changes to the blasphemy law, often resorting to violent protests, which have included attacks on law enforcement and calls for the deaths of judges. The party demands the establishment of Sharia as the fundamental law in Pakistan through a gradual legal and political process. Leaders of TLP frequently quote a hadith, "Man Sabba Nabiyyan Faq Tulu" (Whoever insults the Prophet, kill them), to justify their violent rhetoric and actions. This environment of intolerance and extremism fosters a culture of fear and can lead to radicalization, as evidenced by cases like that of Laraib Hashmi. The party’s tactics of blackmail and coercion against the government highlight the risks of unchecked religious extremism. Legal Framework and Fatwas Indian law clearly prohibits taking justice into one’s own hands. The Indian Penal Code recognizes murder as a serious offense, and only courts are authorized to impose punishments. This fundamental principle of justice is crucial in maintaining a democratic society, where legal avenues must be pursued rather than mob violence. Prominent Islamic scholars, including Imam Ahmed Raza Khan Barelvi, founder of the Barelvi movement, have emphasized the importance of legal processes in matters of justice. In his work Husamul Haramain, he explicitly states that individuals do not have the right to enact law or punishment; such authority rests solely with the courts. This perspective underscores the necessity of pursuing grievances through established legal channels rather than resorting to vigilantism. Maulana Shahabuddin Razvi, founder of All India Muslim Jamaat who previously worked with All India Tanzeem Ulama-e-Islam and All India Jamaat Raza-e-Mustafa, echoed similar sentiments, condemning the killers' actions as criminal under both Sharia and Indian law. He stressed that grievances should be directed to the government, not resolved through extrajudicial measures. Asaduddin Owaisi, Member of Parliament from Hyderabad also condemned the acts of violence, asserting that no one has the right to take the law into their own hands and urging the need for peaceful resolution of disputes. Historical Perspectives on Blasphemy The issue of blasphemy has a complex history within Islamic scholarship. Various interpretations exist, with the Hanafi school suggesting that non-habitual offenders should not face the death penalty. Historical fatwas have emphasized mercy and the rare application of severe punishments, challenging extremist views advocating for violence. In the 19th century, a collective of over 450 scholars rejected the idea that blasphemers should be executed, highlighting the politicization of such extreme measures. This historical context reinforces the argument that calls for death in response to perceived insults deviate from established Islamic jurisprudence. The Role of Extremism Extremist ideologies often exploit religious sentiments to incite violence. Groups like Tehreek-e-Labbaik Pakistan propagate slogans demanding retribution, distorting the true essence of Islam and threatening societal harmony. Ghous Mohammed and Laraib Hashmi’s cases illustrate how radicalization can manifest in violent acts, often fueled by isolation and exposure to extremist content online. Muslim clerics in Gujarat have criticized Dawat-e-Islami for allegedly collecting donations in India to fund terror groups in Pakistan, contributing to the narrative of radicalization and the risks it poses to communal stability. The rise of such rhetoric poses a significant risk to communal stability in a nation that values secularism and pluralism. Conclusion The murder of Kanhaiya Lal and the attack by Laraib Hashmi serve as poignant reminders of the urgent need for dialogue surrounding free speech, religious sensitivity, and legal accountability. It is essential for the Muslim community, alongside other groups, to reject vigilantism and promote narratives rooted in lawfulness and peace. As we navigate the complexities of faith and modernity, we must affirm that taking a life—whether for blasphemy or any other reason—is unacceptable in India. Upholding the rule of law is paramount, and grievances should be addressed through established legal processes. In doing so, we can foster a society that respects the dignity of all individuals and values dialogue over violence. Ultimately, “The sanctity of life must be upheld above all; true justice lies in dialogue, not in bloodshed.” Through this understanding, we can aspire to build a more harmonious society that honours both law and humanity. ----- Syed Amjad Hussain is an Author and Independent Research scholar on Sufism and Islam. He is currently working on a book based on Sufism in Bihar. URL: https://www.newageislam.com/radical-islamism-jihad/justice-law-vigilantism-religious-sentiment-kanhaiya/d/133321 New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism