Javed, a Madrasa teacher in Kanpur who was arrested by police on 10th June for raping a minor girl student of 15 years, has now claimed that he had nikah with the victim and hence there was nothing wrong for him to establish intimate relations with her.
According to the complaint by the victim, on 9th June morning, Javed stopped his motorcycle outside of the victim’s house and asked her to come with him to madrasa on the pretext of signing some new document. However, when she along with Javed reached the Madrasa, found nobody there except for two women, Abda Islam and Sheeba.
Javed raped the victim there at Madrasa in presence of both the other women, none of whom came to the help of the victim despite repetitive calls for help from her. The victim has alleged that the entire rape continued for about an hour before she somehow managed to escape.
After escaping, the victim came running to her mother, to whom she narrated the entire incident. Javed initially refused all the allegations and tried to brand the victim as a lunatic. But as the victim’s mother remained firm with her daughter, Javed finally gave up and challenged them to do whatever they can.
Later police arrested Javed though left the other two women. According to latest reports, ever since going inside, Javed is claiming that he had nikah with the victim. In this claim he is getting support from the community. And the victim’s family fears that their case might could get weak with this claim, which they maintain to be absolutely false.
The victim’s father says that a nikah can’t be considered legitimate unless there’s witness from both bride and groom side present. However, according to Muslim Personal Law (as cited in the book Mulla: Principles of Mahomedan Law), absence of witnesses doesn’t make a nikah void; it merely makes the nikah ‘irregular’ and doesn’t bring any criminal punishment.
The law also says that a Muslim girl who is 15 years of age and has attained puberty is eligible for nikah without the consent of her parents. And there are instances in past when the courts have accepted nikkahs on hand written paper and even on the basis of oral transactions. It would be interesting to see how the courts deal with this one.