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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May 11,2020

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