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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News Network
April 11,2020

Chitradurga, Apr 11: Akhila Bharata Hindu Mahasabha district president M Kumaraswamy has been arrested by Police on charges of posting provocative posts on Facebook.

Police said on Saturday that Syed Sadath who is the Popular Front of India District Secretary, in Chitradurga filed a complaint stating that Mr Kumaraswamy had posted ''Godhra riots will be repeated by Karsevaks'' on his Facebook page on April 7.

Mr Sadath said that Kumaraswamy was spreading communal hatred and targeting one community, at a time when the world was struggling to fight the COVID-19 pandemic.

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News Network
July 29,2020

Bengaluru, Jul 29: The Karnataka High Court’s division bench of Chief Justice Abhay Oka and Justice H P Sandesh today rejected an application that wanted Amulya Leona’s case to be transferred from Karnataka Police to the National Investigation Agency (NIA).

The bench, while observing that extraordinary jurisdiction can’t be exercised for transferring the case to the NIA, asked “What is so special that investigation should be transferred to NIA?”

The court, in its previous hearing, had questioned the maintainability of the petition seeking transfer of the sedition case against Leona to the NIA.

According to the petitioner, advocate Pavana Chandra Shetty, the case is a serious matter against national integration and unity and has not been investigated properly by the police. The state police also failed to file the chargesheet within 90 days, he said, and also asked for cancellation of her bail.

The bench asked the petitioner as to how a bail, already granted to a person, can be cancelled. “Is it not the indefeasible right of the accused to be released on bail if chargesheet is not filed within stipulated time? How can you make a prayer for cancellation of bail?”  the Court asked.

The counsel for the petitioner also stated that in cases of a cognizable offence, when the chargesheet is purposely not filed within the stipulated time, the matter will have to transferred to the appropriate authority.

The court responded to his contention by asking him how could the court override law and cancel the bail. “Where is the question of cancellation of bail? Can we override the law and say that bail should be cancelled?” said the bench.

Advocate Vishal Raghu had filed the petition for transfer of Leona’s case, who was accused of raising pro-Pakistan slogans at an anti-CAA rally on February 20 at Freedom Park. The advocate had blamed the probe team for not filing a chargesheet on time and has asked the state government to approach the higher court against bail granted to Leona.

Bengaluru student Amulya Leona was charged with sedition for her actions in the presence of All India Majlis-e-Ittehad-ul-Muslimeen chief Asaduddin Owaisi. She was arrested by the Bengaluru police for allegedly shouting ‘Pakistan Zindabad’ slogans at an anti- CAA Protest in Bengaluru in February this year. On June 11, she was granted conditional bail by the Bengaluru civil court.

Her bail plea was earlier rejected by a Bengaluru court, after she had spent a three-month period in jail, stating that she may abscond if she is released. The sessions judge Vidhyadhar Shirahatti had also stated that if the petitioner is granted bail, she may abscond and may involve in similar offence which affects peace at large and hence her petition is liable to be rejected. The court had also noted that Amulya Leona is an influential person who may threaten and influence the witness and hamper the case in case of the prosecution and will abscond if released on bail.

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coastaldigest.com news network
January 23,2020

Mangaluru: The sixth Judicial Magistrate of First Class court here today remanded techie-turned-bomber Aditya Rao to 10-day police custody.

36-year-old Rao, the prime accused in planting improvised explosive device at Mangaluru International Airport, was handed over to Mangaluru police by their Bengaluru counterparts yesterday.

He was produced before the magistrate court amidst tight security. The police sought for 15-day custody for interrogating him.

Justice Kishore Kumar, the JMFC court judge inquired Rao if he was subjected to police torture and if he had any lawyer to represent him in the case. Rao is said to have replied in the negative for these questions, it is gathered.

The judge finally decided to send the accused to police custody for 10 days.

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