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MPL: the decision is up to the Muslim community

2 mars 2004, 00:00

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The question of application of the Muslim Personal Law (MPL) has been raised time and again. First of all, I would like to make it clear here that Muslims have deep emotional attachment with their religion, faith, moral values, culture, civilization, history, heritage, language, customs and traditions. But that does not mean to such an extent that we should have a special law for the Muslim community. We are living in a purely multiracial and democratic country where all people have equal rights. Nobody irrespective of status, religious convictions are above the law. There is only one law that suits our country and that should be the laws of our judiciary system. We cannot mete out laws to every people regarding their religious beliefs. If this were such a case, people would have said: Why don?t I have my own laws?

The MPL issue is a very tricky one. The MPL concerning Mauritius will deal mainly on the marriage and heritage aspect. I prefer to stress on the marriage topic regarding to Islam. A Muslim according to his religion has the right to have more than one wife. A fitting example is the King of Swaziland who has 9 wives. But will Mauritian men (Muslims), have more than one wife as a duty towards their religion or as a way to soothe their sexual desire? Therefore regarding the MPL, the application of the law is not a Muslim issue but rather a national one as Mr Shakeel Mohamed quoted in a recent news article. From past history, women have always had to bear the brunt of male chauvinism and with such a law; equality of sexes will be given a blow. Ismael Nazir wrote in an article dated 11/01/2004 that: ?Paul Bérenger avait promis? que la MPL serait le premier dossier qu?il ouvrira en Janvier 2004? L?échéance arrive donc à grand pas et la communauté musulmane retient son souffle. L?on aura pas attendu en vain. Le soutien accordé au MMM par cette communauté pendant de longues années portera bientôt ses fruits? From this statement, Mr Nazir (all respect) is pointing out that all Mauritians of Muslim belief are urgently asking for the reintroduction of the MPL. Have you, Mr. Nazir, asked yourself this question: Do each and every Muslim want the law? In the same article, I quote: ?La réintroduction de la MPL? dans ce premier scénario, le soutien de la communauté musulmane au gouvernement est chose acquise? Bérenger flanche? il dira adieu à la communauté musulmane pour toujours.? What is he trying to imply? Do you, Mr Nazir, think that the Muslim electorate is blind? Who are you Mr Ismael Nazir to talk about the Muslim community? Let them live in peace. We are living as free Muslims as Mr Shakeel Mohamed said. Again from the lawyer: ?There is no law in Mauritius that makes a Muslim do anything that is not Islamic. There are no laws that force us to violate our Islamic principles.?

All these Imams probably most of them want the reintroduction of this law. As Imam Chooramun (all respect) stated: ?Un débat public sur la question (MPL) n?est pas souhaitable dans la mesure où seuls les specialistes comme les Ulémas peuvent se prononcer sur ce sujet.? (?Impact News? on the 18/01/2004). What is the Imam Chooramun trying to point out? That only the ?Ulémas? know about the law and where is democracy here? In another news article, I quote: ?Interested parties (regarding to MPL) ne sont pas les membres du public mais les Ulémas?? So it means that we, the Muslim community cannot at all decide. Only the Ulémas can do so for us. Where is democracy?

We are living as free Muslims in a democratic country and you Mr Chooramun want to impose the law on us? Why don?t we go for a referendum? Let the Muslim community decide whether the law should be introduced or not! Likewise in such a case to have a Muslim law, not only the MPL should be legalised but also the Muslim Criminal Law. The Muslim community will have all their laws and in case they steal, hands are cut off. Why not? We live in an evolved country and please for God?s sake, the law in itself (MPL) will be detrimental to the whole Mauritian populace. It will make our country jump back to the years of the laymen. My point of view is that if Muslim men are allowed to marry four wives, most of them won?t do so as their duty towards Islam, but as a way for self-sexual satisfaction. And if such a thing happens, we will be living in a barbaric society. Such a law will completely destroy the new facet of our small island. If Mauritius was an Arab country, I would have understood about the law, but we are not. We are a multicultural and multiracial country where all ethnic groups together hand in hand are trying to make Mauritius the pearl of the Indian Ocean. This also goes to Mr S. Lauthan who stated: ?Nous tiendrons notre promesse et trouverons ensemble une solution par rapport à la MPL.? (News article of 25/01/2004). The solution for the MPL is not in the hands of politicians or Muslim clerics, but in those of the whole Muslim community. You can?t go and ask a Muslim cleric who has up to four wives what is his opinion about the law because the fellow is biased and will of course approve the law. The MPL issue should be tackled in such a way that in the end, it is the Muslim community who gains from it and not the politicians.

Let the whole Muslim electorate decide through a referendum, Mr Lauthan and other advocates of the law. To introduce or not to introduce the MPL, the final decision is up to the Muslim community. Let us decide what we want through a referendum and stop making the Muslim community the scapegoats of political agenda. Thank You!