8 INDIAN LAWS ABOUT WHICH EVERY INDIAN MUSLIM SHOULD BE AWARE OF!!!

Law No.1: Right to practice the religion with our own will.

Constitution of India
Section : Article 25
Section Title : Freedom of conscience and free profession, practice and propagation of religion
Section Detail : 25. (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

The above quoted law is a part of the 25th article of constitution of India. This law gives every individual citizen of India to follow any religion of his/her own will.

But this law gives some boundary restrictions to the religion that we follow. “Subject to public order, morality, health and to the other provisions of this part…”. In simple words this law allows an Indian citizen to practice only that religion which doesn’t motivate any inhuman activities.

Allah(swt) also advises every muslim in Qur’an,

Al-Kafirun 109:1

قُلْ يٰۤاَيُّهَا الْكٰفِرُوْنَ ۙ

Say: O ye that reject Faith!

Al-Kafirun 109:2

لَاۤ اَعْبُدُ مَا تَعْبُدُوْنَ ۙ

I worship not that which ye worship,

Al-Kafirun 109:3

وَلَاۤ اَنْتُمْ عٰبِدُوْنَ مَاۤ اَعْبُدُ ۚ

Nor will ye worship that which I worship.

Al-Kafirun 109:4

وَلَاۤ اَنَا عَابِدٌ مَّا عَبَدْتُّمْ ۙ

And I will not worship that which ye have been wont to worship,

Al-Kafirun 109:5

وَلَاۤ اَنْتُمْ عٰبِدُوْنَ مَاۤ اَعْبُدُ ؕ

Nor will ye worship that which I worship.

Al-Kafirun 109:6

لَكُمْ دِيْنُكُمْ وَلِيَ دِيْنِ

To you be your Way, and to me mine.

By this advice Allah(swt) doesn’t mean that we can enter Jannah no matter whatever religion we follow because Allah(swt) has clearly said in quran,

Aal-e-Imran 3:19

“Indeed, the religion in the sight of Allah is IsLam…”

instead from this sura allah(swt) only advises muslims to not to force anybody to convert into the religion of allah. Because Allah(swt) has given full freedom to everyone to follow whatever they will but he never said we can enter jannah if we follow whatever we will. Allah(swt) has just given us freedom of will in this temporary world.

Law No.2: Right to propagate our religion.

Many people think that propagation of religion is not legal. But Article 25 of constitution of India gives every individual citizen of India to propagate his/her religion. But the propagation must be subject to public order, morality, health and to the other provisions of this part…”.

Allah(swt) also orders every muslim to invite people towards islam,

An-Nahl 16:125

اُدْعُ اِلٰي سَبِيْلِ رَبِّكَ بِالْحِكْمَةِ وَالْمَوْعِظَةِ الْحَسَنَةِ وَجَادِلْهُمْ بِالَّتِيْ هِيَ اَحْسَنُ ؕ اِنَّ رَبَّكَ هُوَ اَعْلَمُ بِمَنْ ضَلَّ عَنْ سَبِيْلِهٖ وَهُوَ اَعْلَمُ بِالْمُهْتَدِيْنَ

English – Yusuf Ali

Invite (all) to the Way of thy Lord with wisdom and beautiful preaching; and argue with them in ways that are best and most gracious: for thy Lord knoweth best, who have strayed from His Path, and who receive guidance.

Law no.3 : Anti Conversion Law.

A new law was established in 2003 to prohibit any forced religious conversions in India. This law has been implemented in Arunachal Pradesh, Odisha, Madhya Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, and Uttarakhand. And recently in the name of “Love Jihad Bill”- this law has also been implemented in Uttar Pradesh.

Islam also prohibits forced conversion-

Allah Subhanahu Wa Ta’ala said:

لَآ إِكْرَاهَ فِى الدِّينِ ۖ قَد تَّبَيَّنَ الرُّشْدُ مِنَ الْغَىِّ ۚ فَمَنْ يَكْفُرْ بِالطّٰغُوتِ وَيُؤْمِنۢ بِاللَّهِ فَقَدِ اسْتَمْسَكَ بِالْعُرْوَةِ الْوُثْقٰى لَا انْفِصَامَ لَهَا ۗ وَاللَّهُ سَمِيعٌ عَلِيمٌ
“There shall be no compulsion in [acceptance of] the religion. The right course has become clear from the wrong. So whoever disbelieves in Taghut and believes in Allah has grasped the most trustworthy handhold with no break in it. And Allah is Hearing and Knowing.”
(Al Quran : Al-Baqara 2: Verse 256)

Law No.4: Must not hurt other religious feelings.

IPC sec.295(A)
Whoever, with deliberate and malicious intention of outraging the religious feelings of any class of citizens of India], by words, either spoken or written, or by signs or by visible representations or otherwise], insults or attempts to insult the religion or the religious beliefs of that class, shall be punished with imprisonment of either description for a term which may extend to [three years], or with fine, or with both.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non- bailable_Triable by Magistrate of the first class—Non-compoundable.

Section : Section 297
Section Title : 297. Trespassing on burial places, etc.—
Section Detail : 297. Trespassing on burial places, etc.—
Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sepulchre, or any place set apart from the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse, or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable.

IPC sec.298
Whoever, with the deliberate intention of wounding the religious feelings of any person, utters any word or makes any sound in the hearing of that person or makes any gesture in the sight of that person or places, any object in the sight of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 1 year, or fine, or both—Non-cognizable—Bailable— Triable by any Magistrate—Compounded by the person whose religious feelings are intended to be wounded.

STATE AMENDMENT
Andhra Pradesh.—
In Andhra Pradesh offence under section 298 is cognizable.
[Vide A.P.G.O. Ms. No. 732, dated 5th December, 1991].

Indian Penal Code – section 295(A) and section 297 and Section 298 respects the religious feelings of every individual citizen of India. And declares the act of disrespecting of any religion in the intention of hurting their religious feelings as an punishable offence.

Allah(swt) has also prohibited muslims to not to insult what they worship instead Allah(swt),

Al-An’am 6:108

وَلَا تَسُبُّوا الَّذِيْنَ يَدْعُوْنَ مِنْ دُوْنِ اللّٰهِ فَيَسُبُّوا اللّٰهَ عَدْوًۢا بِغَيْرِ عِلْمٍ ؕ كَذٰلِكَ زَيَّنَّا لِكُلِّ اُمَّةٍ عَمَلَهُمْ ۪ ثُمَّ اِلٰي رَبِّهِمْ مَّرْجِعُهُمْ فَيُنَبِّئُهُمْ بِمَا كَانُوْا يَعْمَلُوْنَ

And do not insult those they invoke other than Allah, lest they insult Allah in enmity without knowledge. Thus We have made pleasing to every community their deeds. Then to their Lord is their return, and He will inform them about what they used to do.

Law No.5 : Must Not Damage Any Place Of Worship With The Intention Of Insulting.

Indian Penal Code
Section : Section 295
Section Title : 295. Injuring or defiling place of worship with intent to insult the religion of any class.—
Section Detail : 295. Injuring or defiling place of worship with intent to insult the religion of any class.—
Whoever destroys, damages or defiles any place of worship, or any object held sacred by any class of persons with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion, shall be punishable with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Non- bailable—Triable by any Magistrate—Non-compoundable.

The act of damaging any religious places in the intention of insulting and hurting their religious feelings is considered as a punishable offence by the 295th section of Indian Penal Code.

Allah(swt) declares the act of damaging the places of worship as an punishable offence,

Al-Hajj 22:39

اُذِنَ لِلَّذِيْنَ يُقٰتَلُوْنَ بِاَنَّهُمْ ظُلِمُوْا ؕ وَاِنَّ اللّٰهَ عَلٰي نَصْرِهِمْ لَقَدِيْرُۨ ۙ

Permission [to fight] has been given to those who are being fought, because they were wronged. And indeed, Allah is competent to give them victory.

Al-Hajj 22:40

الَّذِيْنَ اُخْرِجُوْا مِنْ دِيَارِهِمْ بِغَيْرِ حَقٍّ اِلَّاۤ اَنْ يَّقُوْلُوْا رَبُّنَا اللّٰهُ ؕ وَلَوْلَا دَفْعُ اللّٰهِ النَّاسَ بَعْضَهُمْ بِبَعْضٍ لَّهُدِّمَتْ صَوَامِعُ وَبِيَعٌ وَّصَلَوٰتٌ وَّمَسٰجِدُ يُذْكَرُ فِيْهَا اسْمُ اللّٰهِ كَثِيْرًا ؕ وَلَيَنْصُرَنَّ اللّٰهُ مَنْ يَّنْصُرُهٗ ؕ اِنَّ اللّٰهَ لَقَوِيٌّ عَزِيْزٌ

[They are] those who have been evicted from their homes without right – only because they say, “Our Lord is Allah.” And were it not that Allah checks the people, some by means of others, there would have been demolished monasteries, churches, synagogues, and mosques in which the name of Allah is much mentioned [i.e., praised]. And Allah will surely support those who support Him [i.e., His cause]. Indeed, Allah is Powerful and Exalted in Might.

Law No.6: Must Not Disturb Any Religious Assembly.

Indian Penal Code
Section : Section 296
Section Title : 296.Disturbing religious assembly.—
Section Detail : 296.Disturbing religious assembly.—
Whoever voluntarily causes disturbance to any assembly lawfully engaged in the performance of religious worship, or religious ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

CLASSIFICATION OF OFFENCE
Punishment—Imprisonment for 1 year, or fine, or both—Cognizable—Bailable— Triable by any Magistrate—Non-compoundable.

According to the Indian Penal Code- Section 296 – it is an punishable offence to voluntarily disturb any lawfully arranged religious meetings.

This offence comes under the category of ‘CORRUPTION’. Allah(swt) hates those who create corruption,

“…Fitnah(creating corruption) is greater than Killing..” (Al Quran 2:217)

“Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land. That is for them a disgrace in this world; and for them in the Hereafter is a great punishment” (Al Quran 5:33)

“…Allah does not like the corrupters” -(Al Quran 5:64)

“And cause not corruption upon the earth after its reformation. And invoke Him in fear and aspiration. Indeed, the mercy of Allah is near to the doers of good.”
(Al-Quran 7:56, 7:85)

Law No.7: Must Not Promote Enemity Between Different Groups In Any Way.

IPC
Section : Section 153A
Section Title : 153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.—
Section Detail : 153A. Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.—
(1) Whoever—
(a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, or
(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity, or
(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community,

shall be punished with imprisonment which may extend to three years, or with fine, or with both.

Offence committed in place of worship, etc.—
(2) Whoever commits an offence specified in sub-section (1) in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies, shall be punished with imprisonment which may extend to five years and shall also be liable to fine.

CLASSIFICATION OF OFFENCE
Para I: Punishment—Imprisonment for 3 years, or fine, or both—Cognizable—Non-bailable—Triable by any Magistrate of the first class—Non-compoundable.

Para II: Punishment—Imprisonment for 5 years and fine—Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

According to Indian Penal Code – section 153A – it is an punishable offence to promote anymity between different groups of People in anyway.

Allah(swt) orders us to promote peace in this world,

Al-Hujurat 49:9

وَاِنْ طَآئِفَتٰنِ مِنَ الْمُؤْمِنِيْنَ اقْتَتَلُوْا فَاَصْلِحُوْا بَيْنَهُمَا ۚ فَاِنْۢ بَغَتْ اِحْدٰىهُمَا عَلَي الْاُخْرٰي فَقَاتِلُوا الَّتِيْ تَبْغِيْ حَتّٰي تَفِيْٓءَ اِلٰۤي اَمْرِ اللّٰهِ ۚ فَاِنْ فَآءَتْ فَاَصْلِحُوْا بَيْنَهُمَا بِالْعَدْلِ وَاَقْسِطُوْا ؕ اِنَّ اللّٰهَ يُحِبُّ الْمُقْسِطِيْنَ

If two parties among the Believers fall into a quarrel, make ye peace between them: but if one of them transgresses beyond bounds against the other, then fight ye (all) against the one that transgresses until it complies with the command of Allah; but if it complies, then make peace between them with justice, and be fair: for Allah loves those who are fair (and just).

Al-Hujurat 49:10

اِنَّمَا الْمُؤْمِنُوْنَ اِخْوَةٌ فَاَصْلِحُوْا بَيْنَ اَخَوَيْكُمْ وَاتَّقُوا اللّٰهَ لَعَلَّكُمْ تُرْحَمُوْنَ

The Believers are but a single Brotherhood: So make peace and reconciliation between your two (contending) brothers; and fear Allah, that ye may receive Mercy.

Al-Mumtahanah 60:8

لَا يَنْهٰىكُمُ اللّٰهُ عَنِ الَّذِيْنَ لَمْ يُقَاتِلُوْكُمْ فِي الدِّيْنِ وَلَمْ يُخْرِجُوْكُمْ مِّنْ دِيَارِكُمْ اَنْ تَبَرُّوْهُمْ وَتُقْسِطُوْۤا اِلَيْهِمْ ؕ اِنَّ اللّٰهَ يُحِبُّ الْمُقْسِطِيْنَ

Allah forbids you not, with regard to those who fight you not for (your) Faith nor drive you out of your homes, from dealing kindly and justly with them: for Allah loveth those who are just.

Law no.8: Must not send offensive messages through technology.

Sec:66 – IT Act, 2000.

66–A. Punishment for sending offensive messages through communication service, etc.
Any person who sends, by means of a computer resource or a communication device,-
a) Any information that is grossly offensive or has menacing character; or
b) Any information which he knows to be false, but for the purpose of causing annoyance, inconvenience, danger, obstruction, insult, injury, criminal intimidation, enmity, hatred, or ill will, persistently makes by making use of such computer resource or a communication device;
c) any electronic mail or electronic mail message for the purpose of causing annoyance or inconvenience or to deceive or to mislead the addressee or recipient about the origin of such messages, shall be punishable with imprisonment for a term which may extend to two three years and with fine.

Explanation: For the purposes of this section, terms “Electronic mail” and “Electronic Mail Message” means a message or information created or transmitted or received on a computer, computer system, computer resource or communication device including attachments in text, image, audio, video and any other electronic record, which may be transmitted with the message.

Section 66 of IT act,2000 declares that sending offensive messages through modern technology is a punishable offence.

Our prophet Muhammad (saw) has advised us to speak Good in various hadeeses,

“…Speak Good or Remain Silent…” -{(Sahih Muslim: 47, 48) (Sunan Abu Dawood: 5154) (Muwatta Malik: 1695)/sahih}.

Allah(swt) encourages us to speak Good words,

Ibrahim 14:24

اَلَمْ تَرَ كَيْفَ ضَرَبَ اللّٰهُ مَثَلًا كَلِمَةً طَيِّبَةً كَشَجَرَةٍ طَيِّبَةٍ اَصْلُهَا ثَابِتٌ وَّفَرْعُهَا فِي السَّمَآءِ ۙ

Have you not considered how Allah presents an example, [making] a good word like a good tree, whose root is firmly fixed and its branches [high] in the sky?

Ibrahim 14:25

تُؤْتِيْۤ اُكُلَهَا كُلَّ حِيْنٍۭ بِاِذْنِ رَبِّهَا ؕ وَيَضْرِبُ اللّٰهُ الْاَمْثَالَ لِلنَّاسِ لَعَلَّهُمْ يَتَذَكَّرُوْنَ

It produces its fruit all the time, by permission of its Lord. And Allah presents examples for the people that perhaps they will be reminded.

Ibrahim 14:26

وَمَثَلُ كَلِمَةٍ خَبِيْثَةٍ كَشَجَرَةٍ خَبِيْثَةِ اجْتُثَّتْ مِنْ فَوْقِ الْاَرْضِ مَا لَهَا مِنْ قَرَارٍ

And the example of a bad word is like a bad tree, uprooted from the surface of the earth, not having any stability.

These are some basic important Indian Laws about which every Indian muslim must certainly be aware of.