Need a lawyer

[anajmi]

Does anyone know of a good civil lawyer that I can use to sue the clergy for civil rights violations? Like not allowing me to attend a relatives funeral or other more severe rights violations?

[incredible]

this is really disgusting even simple muslim man can attend funeral of another muslim how can they stop you...this is just pathetic.

[Muslim First]

Br.anajmi

I am sorry about your loss.Before you look for lawyer make sure your relatives are willing to testify that they wanted you to attend. Due to fear of baraat they might side with clergy.

Wasalaam

[Smart]

@anajmi,
My sympathies are with you. I know how it feels. Even, I was prevented from attending my own mother's funeral, at least they tried to do so. it is really inhuman, but I suppose it is acceptable behaviour for them.

[S. Insaf]

Where do you want lawyer in Mumbai, India or anywhere else?

[anajmi]

In Mumbai or Baroda (Gujarat). A lawyer who is familiar with such issues would be great.

[ghulam muhammed]

bro anajmi,

I think it would be better if you even follow up with National Human Rights Commission, probably they too could suggest a good lawyer. Although we have some very good bohra lawyers but avoid approaching them as in the long run they are bound to succumb to kothar's pressure. Although Iam not very good at law but I think that by preventing you from attending your relative's funeral they have violated the act as provided in the constitution of india, if they have physically stopped you then even criminal proceedings can be initiated.

[anajmi]

yeah I am not looking for a bohra lawyer. A sunni lawyer would be more than eager to help out. Even a non-muslim lawyer wouldn't be a problem.

[profastian]

yeah I am not looking for a bohra lawyer. A sunni lawyer would be more than eager to help out. Even a non-muslim lawyer wouldn't be a problem.

Ha ha.. You guyz are out looking for lawyers again.
Look what happened to Adamji Peerbhai sons.
(Take heed, we might be catching you in the next bus ride with no fare to pay.. )

[incredible]

no matter i am bhora or not but i know i am muslim,and as a muslim i support ISLAAM in all possible way,and this is so unislamic to stop a muslim to attend funeral of another muslim.this is just unhuman.

[incredible]

would rasullulah(saw) khatamul anbia support this act?

answer is-NO

[Smart]

yeah I am not looking for a bohra lawyer. A sunni lawyer would be more than eager to help out. Even a non-muslim lawyer wouldn't be a problem.

Ha ha.. You guyz are out looking for lawyers again.
Look what happened to Adamji Peerbhai sons.
(Take heed, we might be catching you in the next bus ride with no fare to pay.. )

There has been a tragedy and instead of contrition on behalf of the perpetrators, we have this guy who has made a faustian bargain, gloating for all his worth.
@profastian, have you bought the ticket for next bus ride, by selling your soul?
Could anybody be so inhuman? Is this what is taught at your master's institute of "higher learning", the Jamea?

[accountability]

Hello anajmi. I am sorry for your loss, May Allah rest the soul in peace.
It is by all means condemnable not to let you attend the funeral, which violates every norm of ethic and law.
As ghulam Mohammed said, you can file a complaint in human rights department in india.
Or you can file a complaint to united nations human rights commissioner, it is easy, fast and if you would take my word for it, it bears results. I am giving you the link below to file individual complaint.
http://www2.ohchr.org/english/bodies/pe ... ncications
India is a signatory of united nations charter of rights, if you complaint to UN they will forward your petition to indian government, which is bound to reply in certain period, indian govt will seek clarification from individuals or entities which violated the rights. It will certainly stir things up, you may even be eligible for compensation.
we have tried this in certain cases, and the results were really good.

[Mubarak]

Accountability,

Thanks for posting web link and associated info.

[anajmi]

accty,

Thanks for the information. I am going to follow the link and await the results.

[anajmi]

accty,

Can you give me some more information regarding under which category should I file my complain?

CCPR, CERD, CAT, CEDAW and CRPD? Some of them do not seem appropriate for this cause. CCPR seems to be the most appropriate. Is that correct? Can you give a small walkthrough of how to file the complain?

[accountability]

you are right, ccpr is the right category.

Article 18 of humane rights charter describes as follows

The Covenant provides for protection of the rights to freedom of thought, conscience and religion (art. 18)
and to freedom of opinion and expression (art. 19). It calls for the prohibition by law of any propaganda for
war and of any advocacy of national, racial or religious hatred that constitutes incitement to discrimination,
hostility or violence (art. 20). It recognizes the right of peaceful assembly (art. 21) and the right to freedom
of association (art. 22). It also recognizes the right of men and women of marriageable age to marry and to
found a family, and the principle of equality of rights and responsibilities of spouses as to marriage, during
marriage and at its dissolution (art. 23). It lays down measures to protect the rights of children (art. 24),
and recognizes the right of every citizen to take part in the conduct of public affairs, to vote and to be
elected, and to have access, on general terms of equality, to public service in his country (art. 25). It
provides that all persons are equal before the law and are entitled to equal protection of the law (art. 26). It
also calls for protection of the rights of ethnic, religious and linguistic minorities in the territories of States
parties (art. 27).

All you have to do is, append your grevience on a paper, date and time of occurance, place and country, detail accounts what happened in chronological form, what addressal are you seeking, name and address of the body or entity complaining against, you can make indian govt a party, becasue indian govt is bound to protect your rights. At the end your signatur is neccessary, you have to include a valid mailing address, phone no, email address (optional).
You will have to authorize united nations high commissioner for human rights to seek information on your behalf.

I would suggest that you fax your complaint and mail it too. they will not entertain an electronic mail, as it will not bear your signature.
Mail Petitions Team
Office of the High Commissioner for Human Rights
United Nations Office at Geneva
1211 Geneva 10, Switzerland
ž Fax + 41 22 9179022 (particularly for urgent matters)
@ E-mail tb-petitions@ohchr.org

[accountability]

let me elobrate for you.

Your rights will be violated if you were stopped from attending a funeral at a public place, graveyard, mosque are public places.

But if you were stopped from going into a jamatkhana ( if it is not a part of any mosque) then your rights are not violated. or to go to any other private property including the house of the deceased, because house of deceased is not owned by bohra administration.

[anajmi]

accty,

Thank you very much for the response. One other question. What do I do if a family member is being forced to produce a letter saying that they renounce all relationship with me?

[anajmi]

accty,

Wouldn't we first have to file a complain with Indian authorities? And if that doesn't do anything then go to the UN?

[accountability]

well anajmi, it is a difficult situation. If the person is closely related then I would suggest that you back off so that they do not suffer more. it is painful for them too to break connections. Unfortunately our jamat sometimes plays sedistic part, they enjoy tormenting people.
If your relative can testify, then it becomes a human right violation, but he or she will be the one to file complain. it is coersion, which is not legal. coercive practices may consture criminal offence under some circumtances. But again it will be their call, not yours.

[accountability]

No you dont have to, you can directly go to un, or you can do both.

[accountability]

Hey anajmi, Are you ok. you dont have private message so i had to use this channel. Pm me.

[anajmi]

I am thinking of filing a complain with NHRC, New Delhi. Then I will file a complain with the UN. I have enabled pm.

[Fatwa Banker]

Accountability,

I empathise with Anajmi, however, can you please explain how his situation violates Article 18 that you have posted ? Based on the text it does not appear to be relevant, and I question your statement that a Mosque ( or any place of worship) is a public place.

[accountability]

Article 18 of UN charter of rights gaurantees the freedom of religion. It is anajmi right to choose the religion and practice it according to his interpretation. Attending a funeral of a kin for whom taziyat is wajib is mandatory in bohra religion and that is the same in all islamic fiqah, so not letting him attend the last rituals of his kin also violates his religious rights.

Any place of worship can not have exclusivity, relgious places are not owned by any one, thus are deemed public places, forbidding anyone to visit a public place violates basic human rights under charter article 18, it also violates the right to religion and practice thereof.

[mumin]

the mosques in bohras are wakaf ed to the dai, which means he is the sole private owner of the mosque. and can stop anyone from praying in his mosque. that is the reason why in pakistan and India all muslims are not allowed to pray in bohri mosque.

[accountability]

I will give you an example, Agha Khani's had the same argument regarding their jamat khana in kharadar karachi, madad ali charania's father converted to ithna ashri, i dont remember , his sister or brother was getting married, if you know, agha khanis dont allow any one when nikah is performed, as he was excomminucated he was not allowed to enter jamat khana, there was a big argument.
Any ways he went to sindh high court, and sindh high court upheld his petition,and directed the jamat khana to let him enter for whatever reason he wants. At that time jamat khana was registered as place of worship. Now if you have any connections in agha khan community, they have abondoned calling jamat khana as place of worship. In canada and US their jamat khana are not charitable organization, as worship places have that status, rather they are registered as community clubs, therefore the right of admission is reserved. I can give you the adresses of their jamat khana in brampton,
525 NORTH DR PK
Brampton, Ontario L6S 5X4
(905) 450-8504
you can check the status of any agha khan jamatkhana, they are not registered as religious organization. But ours are registered as place of worship and charitable organization.

[accountability]

mumin wrote
"the mosques in bohras are wakaf ed to the dai, which means he is the sole private owner of the mosque. and can stop anyone from praying in his mosque. that is the reason why in pakistan and India all muslims are not allowed to pray in bohri mosque"

NO that is not the case, every masjid in pakistan is not in dai's name, according to pakistan constitution, any amenity plot cannot be owned by a person, it has to be a registered charitable or religious organization. so in pakistan they cannot refuse any other muslim to pray in our masjid, and they do not, many a times specially in ramadan there are people beside bohras praying in our masjids.

In US and canada, all our masjids are registered in respective anjuman's name and not in the name of dai as sole proprieter.

[mumin]

may be one or two muslims may have entered the bohri mosque during ramadan because of the iftari timings. other than that i have not seen any muslim other than bohris allowed to enter the mosque for prayers. as a matter of fact i distincly remember the karachi mosque khadim standing guard at the front gate of the mosque and stopping other muslims from coming in the mosque to pray.