The Supreme Court of India on 26 September unanimously struck down Section 497 of the Indian Penal Code that made adultery a criminal offense punishable by up to five years in prison. The colonial era law punishes a man for an extra-marital affair but not the woman, treating her as her husband’s property. The Chief Justice of India mentioned in the judgment that Section 497 was manifestly arbitrary and offends the dignity of women. (Source: UNB)

Comment:

India and Bangladesh use the same Penal Code prepared by the British Colonialist. Section 497 is similarly applicable in both the countries. In fact, in Bangladesh Supreme Court, Indian case references are often cited for the administration of justice and development of laws. However, in Bangladesh, the discussion on ‘decriminalizing adultery’ was not limited to the legal arena, rather it touched all section of people. Main point of discussion was not whether Bangladeshi Supreme Courts would follow Indian amendment and decriminalize adultery in near future as we know that our society has not been degraded to the level yet that it would accept adultery due to the presence of Islamic sentiment and emotion. But we know how the Indian satellite channels and other online and print media are continuously spreading this filthy culture among all classes of our people. We often witness shocking incidents of murder and other terrible crimes resulting from adultery and in most cases innocent children are the sufferers. (“Extramarital affairs behind Pushpa and Rozina murders” Dhaka Tribune. 20.04.2017; “Extra-marital affair behind Badda father-daughter murder, say police” Dhaka Tribune. 04.11.2017)

Section 497 of Penal Code clearly proves that human mind is utterly incapable of legislating and is surely self-contradictory. On the one hand, secularism wishes to uphold the ideas like “consenting adult”, “gender equality” and on the other hand by making bizarre laws they interfere with individual’s private life and reduce women to the level of mere commodity. Indeed Allah (swt) has rightly said إِنِ الْحُكْمُ إِلَّا لِلَّهِ يَقُصُّ الْحَقَّ وَهُوَ خَيْرُ الْفَاصِلِينَ “The judgment is only Allah’s; He relates the truth and He is the best of deciders”. [Al-Anaam: 57]

Secularism is a confused and compromised ideology; it can’t decide whether adultery is a crime or not. But Allah (swt)’s Hukum is clear:  وَلَا تَقْرَبُوا الزِّنَا إِنَّهُ كَانَ فَاحِشَةً وَسَاءَ سَبِيلًا“And do not approach unlawful sexual intercourse. Indeed, it is ever an immorality and is evil as a way”. [Al Isra: 32]

Under the framework of secular system, it is only a matter of time that ‘adultery’ will be socially and culturally acceptable and legally valid in our country. In order to prevent these forces of evil, people must reject this secular-democratic system and replace it with rightly guided Khilafah (Caliphate) system that will implement nothing but Islam.

إِنَّ الَّذِينَ يُحِبُّونَ أَنْ تَشِيعَ الْفَاحِشَةُ فِي الَّذِينَ آمَنُوا لَهُمْ عَذَابٌ أَلِيمٌ فِي الدُّنْيَا وَالْآخِرَةِ وَاللَّهُ يَعْلَمُ وَأَنْتُمْ لَا تَعْلَمُونَ

“Indeed, those who like that immorality should be spread [or publicized] among those who have believed will have a painful punishment in this world and the Hereafter. And Allah knows and you do not know.” [An Nur: 19]

Muhammad Kamal

Media Office Member of Hizb ut Tahrir in Wilayah Bangladesh