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
March 21,2020

Bengaluru, Mar 21: Appealing for support to the Prime Minister's call for observing 'Janata Curfew' on Sunday to contain the outbreak of COVID-19, Karnataka Chief Minister B S Yediyurappa has asked people not to come on roads immediately after the end of curfew time as it can nullify the measure.

Noting that people have extended both moral and societal support to this unique curfew, he said "Now, my appeal to people on behalf of Prime Minister Narendra Modiji is, don't come on roads and out of your dwellings immediately after nine in the night when curfew time ends. Remain settled in your houses and bungalows avoiding all public appearances on roads and other public places."

"Your coming out in open can nullify the 14-hour measure to contain the spread of virus. As a co-operation to authorities and the society, please remain indoors and stay with your near and dear ones," he said in a release.

Calling for "resolve and restraint" to fight the virus, the Prime Minister during his address to the nation on Thursday had asked the entire country to observe 'Janata curfew' on Sunday.

Calling for a 'Janata curfew' on March 22 from 7 am-9 pm, Modi had said no citizen, barring those in essential services, should get out of their house, and asserted that it will be a litmus test to show how much India is ready to take on the challenge of the coronavirus pandemic.

Stating the Karnataka government has so far been dealing successfully in containing the Covid-19 virus, Yediyurappa said this has happened because of people's co- operation.

He also asked people not to forget to involve in a bout of applause as a mark of appreciation to people involved in containing the spread of the virus and treating those affected by it.

Three new COVID-19 cases have been confirmed in Karnataka on Saturday, taking the total number of infections to 18 in the state.

Comments

Kannadiga
 - 
Sunday, 22 Mar 2020

Support Kerala Chief minister for how wise and perfect financial support. I/o  forcing the state citizens for a use less claping program

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News Network
May 11,2020

Bengaluru, May 11: Ten new positive cases of COVID-19 have been confirmed in Karnataka, taking the total number of infections in the state to 858, the Health department said on Monday.

"Ten new positive cases have been reported from last evening to this noon... Till date 858 COVID-19 positive cases have been confirmed. This includes 31 deaths and 422 discharges," the department said in its mid-day situation update. 

The ten new cases include- three from Davangere, two each from Bidar and Bagalkote, one each from Kalaburagi, Shiggavi in Haveri and Vijayapura. Seven cases are men, three are women.

While most cases are contacts of patients already tested positive, one each are with travel history to Mumbai and Ahmedabad.

One person's contact tracing is underway. 

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Ram Puniyani
January 22,2020

Shivaji is a great icon in Maharashtra. Different sections of society have given him very high status, though for diverse reasons. Folklores about him abound in the state. His statues, popular songs on him are very prevalent. These folk songs (Powadas) praise his multifarious actions. So it was no surprise that when Jayabhagwan Goyal, released his book, ‘Aaj ka Shivaji: Narendra Modi’, at religious-cultural meet organized by Delhi BJP, there was a strong resentment in Maharashtra. Various leaders from Maharashtra were furious. The Shiv Sena leader Sanjay Raut challenged the Shivaji’s descendent, Sambhaji Raje who is in BJP and is member of Rajya Sabha, to resign on the issue. Sambhaji Raje in turn stated that "We respect Narendra Modi, who was elected as the prime minister of the country for the second time. But neither (Narendra) Modi nor anybody else in the world can be compared with Chhatrapati Shivaji Maharaj,"

Not to be left behind Jitendra Awhad of NCP felt Modi-BJP are insulting the pride of Maharashtra. It is not the first time that controversy is erupting around the Maharashtra warrior of medieval period. Earlier we had seen Sambhaji Brigrade demanding the ban on James Laine book, Shivaji: ‘A Hindu King in an Islamic Kingdom’, for its objectionable content. Bhandarkar Institute in Pune, which had helped James Laine in his research, was also vandalized. At another level there was a talk that Babasaheb Purandare, a Brahmin, who has written some popular material on Shivaji will be made as the Chairman of the committee for statue of Shivaji. Maratha Mahasangh and Shiv Dharm officials objected to a Brahmin heading the committee for a statue for the Maratha warrior. The caste angel in Shivaji’s case is coming to the fore from quite some time.

While there is no dearth of controversies around Shivaji, it is also true that each political tendency has created Shivaji’s image from their political point of view. Who was the real Shivaji, is the question. One can see two clear streams of projection in this matter. On one hand there is an attempt to present Shivaji as the anti Muslim King, a king who was respecting Cows and Brahmins (Go Brahman pratipalak). This view was brought forward from the times of Lokmanya Tilak and picked up by Hindu nationalists, who have been looking for icons in history to suit their political agenda. Nathram Godse, while criticizing Gandhi says that Gandhi’s nationalism was dwarf in front of the one of Shivaji or Rana Pratap.

In tune with this the Hindu nationalists are promoting both these as icons of Hindu nationalism and giving anti-Muslim slant to the whole discourse. This discourse also hides in this the Brahmanical agenda of Hindu nationalism as Cows and Brahmins are presented as the central object of veneration by Shivaji. This image of Shivaji fits well into the current agenda of Hindu nationalists, being spearheaded by RSS Combine.

It is because of this that for seeking votes in Mumbai Narendra Modi on the eve of 2014 elections stated that Shivaji attacked Surat to plunder the treasury of Aurangzeb. This also presents Shivaji-Aurangzeb, Shivaji-Afzal Khan interactions as battle between Hindus and Muslims. The truth is that Surat was plundered for its wealth as it was a rich port city and Bal Samant’s book on the topic gives in depth description of the same. It is noteworthy that Shivaji began his real career of conquest in 1656 when he conquered Javli from the Maratha Chief Chandra Rao More. He took over the treasures of this kingdom. That it was not a Hindu Muslim battle becomes clear when we know that in confrontation with Aurangzeb it was Mirza Raja Jaisingh who was negotiating and engaging with Shivaji on behalf of Aurangzeb. And Shivaji had Muslim officers like Kazi Haider as confidential secretary and many Muslim Generals in his army.

Darya Sarang was chief of armor division, Daulat Khan was in-charge of his naval division; Ibrahim Khan was another general of significance in his army.  This mixed up administration just shows that the kings were not having Hindu or Muslim administration depending on their religion. In the confrontation between Shivaji and Afzal Khan, Rustam-e-Jaman was Shivaji’s side and Afzal Khan had Krisnaji Bhaskar Kulkarni on his side.

As far as Shivaji’s popularity is concerned it was due to his being a King with welfare of his subjects in his mind. He lightened the burden of taxation on the average peasants, and reduced the domination of landlords over the serfs. This picture of Shivaji is well documents in the booklets by Com. Govind Pansare (Who was Shivaji) and Jayant Gadkari (Shivaji: Ek Lok Kalyankari Raja- Shivaji: King doing People’s Welfare). He did not belong to the warrior caste so Brahmins had refused to coronate him, for which purpose Gaga Bhatt a Brahmin from Kashi was brought in with heavy fees. Teesta Setalvad’s hand book on History for teachers underlined this fact.

Today while BJP-Brahmanical forces want to present Shivaji as worshipper of Brahmins and cows, the non upper caste have seen through the game. As such it was Jotirao Phule who brought forward the caste angel of Shivaji as he wrote Powada (Poem) in his honor and today dalit Bahujan are not toeing Hindu Nationalist projection on the issue.

The likes of Jayabhagwan Goyal of BJP as such are trying to give two messages through such attempts. One hand they want to paint Shivaji in anti Muslim and Brahmanical color, they also want to give the subtle message of similarity of this presentation of Shivaji with what Modi is doing. Non BJP forces have seen this game and want to present the other picture of Shivaji, which was highlighted by the likes of Jotirao Phule and which today many of those standing for rights of dalit-Bahujan are trying to articulate. The criticism of the said, book, since withdrawn is on these twin aspects. One about the picture of Shivaji who was concerned about welfare of the farmers, and two his respect for people of all religions.

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