Put an end to Shariah courts in India: Muslim' woman advocate tells SC

September 7, 2016

New Delhi, Sep 7: A woman advocate, who belongs to Muslim community, has urged the Supreme Court to put an end to Shariah courts in the country, saying they raised a question mark on the judiciary.

scIn an affidavit, advocate Farha Faiz on Tuesday sought directions from the apex court to refer the question of reforms in personal laws, being examined suo motu as “Muslim Women's Quest for Equality”, to the five-judge Constitution bench.

“The country has its Supreme Court, high courts, district courts and family courts, along with federal shariah courts. Despite the existence of a well-developed judicial system along with federal shariat courts, these fundamentalists are not satisfied and are regulating their own shariah courts on the pattern of Dar-ul-Qazas,” she contended.

“There is no difference between the logic of AIMPLB, Bharatiya Muslim Mahila Andolan and Jamat-ud-Dawa of Hafiz Muhammad Saeed of Pakistan, who is also running shariah courts in the name of arbitration, speedy and less expensive justice,” the advocate said.

She submitted that despite several safeguards, like the Muslim Personal Law (Shariah) Application Act, 1937, the Muslim Woman (Protection of Rights on Divorce) Act, 1986 and the Dissolution of Marriage Act, 1939, a Muslim woman is still unsafe and these laws were not able to wean the community away from discriminating women and required an overhaul. She maintained that triple talaq is simply un-Islamic, and this was being defended by AIMPLB.

“The clerics and politicians spread negative things, misinterpret the teachings of the Quran and direct the Muslim community against the government and the nation. They have not faced any intolerance in the country but brainwash the community and give a negative image,” she contended.

Comments

FAIMAN
 - 
Wednesday, 7 Sep 2016

Dear SK, you said true to Shaji.

Dear Shaji read the above article.
Now the lady complains of there is another Sharia court apart from existing Federal Sharia court of India.

How can you accept Triple talaq is valid when the entire Umma rejects it. Thalaq is not a simple matter. Therefore Islam has made it very difficult and last resort when all the doors are closed to continue the life together for the couple. Then only they invoke the Talaq in different stages.
Islam has given right to both Man and women the protection of separation but it as a final one and only solution where they can not continue their married life.
The lady can also seek for divorce. Islam has Logical reason for everything. This is true religion by God, so the God has made all the practical rules how to lead the life in every aspects of the life.

Please note Islam is the only religion where women can not be forced to work by their husbands. Islam protects women.

SK
 - 
Wednesday, 7 Sep 2016

Shaji, Mangalore ....Let us learn to accept the mistakes ( if any )....
Can you say confidently that talaq matter is rightly practiced in our society as per the teachings of Quran .....

SHAJI
 - 
Wednesday, 7 Sep 2016

I think this moderate Muslim woman lawyer does not know what is shariat. She needs freedom like non muslims. In this case she is free to convert to other religions where she will no issue of shariat. She may ask court to ban prayer / fasting / payment of zakat also which is not liked by her and may be facing hard to follow them. I am sure that she is not following Purdah which is a burden to her. However, how long is she going to live in this world. I reqeust her not to follow Saitan and some Munafiqs. May Allah guide her

SK
 - 
Wednesday, 7 Sep 2016

If the Shariah laws are properly followed and implemented, then we would not have seen this situation......

Rikaz
 - 
Wednesday, 7 Sep 2016

Is there any sharia court in India.....am surprised???

abdullah
 - 
Wednesday, 7 Sep 2016

If ant get wings, think that its final day is very near.
Is she following Shariah law? At least if she know what is Shariah law?

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coastaldigest.com news network
July 15,2020

Newsroom, Jul 15: At least three students have committed suicide in different parts of Karnataka after failing in II PUC examinations, the results of which were announced yesterday. 

Bhumika, an 18-year-old girl hailing from Mallipattene near Arakalagud town in Hassan district killed herself within hours after the announcement of results. 

Depressed over her failure in the examination, she consumed poison, the police sources said. 

In a separate incident, 18-year-old Chitra, who failed the II PUC examinations, committed suicide at her native Chikkamarasa village in Shivamogga district. 

She was studying in Government PU College in Kumsi and after knowing about her result in the final PU exam, she hanged herself to death at her house.

Similarly, an 18-year-old boy from Harihar taluk in Davanagere district committed suicide in his house after the announcement of the PUC results.

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News Network
March 12,2020

Bhopal, Mar 12: Madhya Pradesh Congress on Thursday alleged that two of its ministers who had gone to Bengaluru to meet the rebel party legislators were assaulted.

"Two of our ministers Jitu Patwari and Lakhan Singh had gone to Bengaluru. They were assaulted, we have info that our ministers have been arrested," Madhya Pradesh Congress leader said during a press conference.

Congress further warned that if the police don't take action, the party will take it to the court.

Some of the rebel MLAs had said in a video on Wednesday that they were in Bengaluru out of their own will.

The rebel MLAs have been staying in Bengaluru over the past few days.

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News Network
July 17,2020

Bengaluru, Jul 17: The Karnataka State Board of AUQAF has ordered that management committees at Muslim Khabarastans, shall not refuse burial to Muslims died due to COVID-19.

"...in exercise the powers conferred under Waqf Act 1995, it is hereby ordered that management Committees/Muthawallies/Administrators responsible for the management of Muslim Khabarastans in the state of Karnataka irrespective of registered or unregistered in the Waqf, shall not refuse the burial of Muslims died due to COVID-19 pandemic," read an order from the Karnataka State Board of AUQAF on Thursday.

"They shall co-operate with all the Nodal Officers designated for this purpose regarding the decent burial. Non co-operation or refusal on the part of the management will be construed as an insult committed to the deceased. Any violation of the above order will attract the punitive provision of Indian Penal Code and removal from the management as per the provisions of the Waqf Act 1995," the order read.

It further said that the Waqf Officers, District Wakf Advisory Committees of the state, shall ensure the adherence of this order, and circulate the same to all the Khabarastan managements, registered or unregistered in the state.

"No further deliberation in this regard is solicited except compliance of the order in letter and spirit. Any dereliction in this regard will be viewed seriously," it read.

Giving a background on the issue of burial of COVID-19 deceased, the order read, "It is observed that, number of deaths are being occurred in various Districts of Karnataka, due to COVID-19 pandemic and it is reported that, some of the management committees of Khabarastan, are not cooperating to bury the dead bodies of COVID-19."

"A decent burial is a right of the dead person" as per the law of the land and the Islamic jurisprudence. It is needless to emphasize the importance of burial of Muslim dead bodies in Shariah. The dead body of a Muslim is treated with the utmost respect by the Ummah, joining in the funeral (Tadfeen), participating in the Namaz-e-Janaza and the burial are considered as Farz-e-Kifaya in Muslim law. According to the tradition of Islam, the person who participates in the funeral is entitled to Mountain sized reward (Sawaab)," the order read.

As per the order, the board, in its earlier circular had also cautioned the management of Waqf institutions and Khabarastan which were reluctant to allow the decent burial in the Khabarastan would be punished under the provisions of Indian Penal Code and the punitive provisions of the Waqf Act 1995 as well.

"The District Magistrates and the Superintendent of Police in the districts have been requested to prosecute the erring management committees who are responsible for non co-operation in this regard. Hence, the following order," it added.

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