KOCHI: The Kerala High Court has declared that no third party can claim that a Muslim girl has violated religious beliefs by shaking hands with an adult male if both the girl and the adult have no objection to the handshake themselves. Justice PV Kunhikrishnan said “shaking hands” is a traditional gesture that conveys greeting, respect, courtesy, agreement, deal, friendship, solidarity, etc.
The court made the remarks while dismissing a petition filed by Abdul Noushad of Malappuram seeking to quash the case against him. The prosecution allegation was that the accused circulated a video through WhatsApp that contained his speech, remarking that the girl had violated Shariat Law by giving a handshake to the then Finance Minister of the State. As such, she, being a grown-up girl, has committed adultery by touching another man. The video was circulated and the sequence of her handshake was also displayed in the video, stated the police.
The girl, a second-year Law Student at Markaz Law College, got an opportunity to participate in an interactive session with T.M. Thomas Isaac, the then Minister of Finance, conducted in her college. After the session, the students called upon the stage first gave a handshake to the Minister and then received the respective gifts. The girls also accepted the gift after giving a handshake to the minister. However, the petitioner shared a video stating that the girl had violated the Shariat Law.
The girl submitted that due to the circulation of the WhatsApp video, she and her family were put in disgrace.
The court said that a brave young Muslim girl came forward and said that, it violated her freedom of religious belief. In such situations, our constitution will protect her interest. Moreover, the society has to support her. No religious belief is above the Constitution and the Constitution is supreme.
The court pointed out that in Islam, physical contact between unrelated members of the opposite sex including a handshake is generally considered ‘haram’ (forbidden). According to the Muslim religion, the reason for this prohibition is modesty and humility, avoiding the potential temptation of fitnah and maintaining moral boundaries. But the Quranic Verses emphasize personal choice as far as religion is concerned.
The court said that the religious beliefs are personal. There is no compulsion in religion, especially in Islam. One cannot compel another to follow his religious practice by the latter. Religious practice is a personal choice of every citizen of this country therefore, the girl has a right to follow a religious practice in her way. None can impose a religious belief of his own on another, said the court.