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
May 14,2020

Bengaluru, May 14: Michael Madhu was one of the popular actors in Sandalwood. He was widely known for portraying comedy roles. The news of his demise has come as a shock to all the members in the Kannada film industry and also his fans. Michael Madhu died on May 13 after suffering from a heart attack. As per a report in Zoom, the actor was rushed to the KIMS Hospital in Bengaluru after he suddenly collapsed at his home.

Michael Madhu, in his career spanning of almost two decades, has acted in more than 300 films. Some of his notable works include Bhajarangi, Shhh! and Ashwamedha. Besides being an impeccable actor, especially his perfect comic timings, Michael was also passionate about dancing and was huge fan of Michael Jackson. This was one of the major reasons why he added Michael to his name. He had entered the film industry with an aim to become a popular choreographer, but destiny had something else in store for him. Michael Madhu is survived by his wife and two daughters.

Fans of Michael Madhu have been sharing condolences on social media ever since the news of his death hit the internet. As per a report in media, the actor’s last rites will take place today.

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News Network
March 14,2020

Udupi, Mar 14: Amidst growing Coronavirus scare, a youth with suspected Coronavirus symptoms was admitted to Udupi District Hospital here, District Health and Family Welfare Officer Sudhir Chandrachud said.

According to him, A 37-year-old youth, a native of Shirwa, who works in a Japanese ship and was onboard a Japanese vessel that was recently blocked due to the coronavirus. However, he was left out on its way to Dubai, where he was diagnosed with coronavirus infection and he returned to his native.

However, he did not show any of the primary symptoms of coronavirus, such as cough, cold, fever, but he was suffering from diarrhea and abdominal pain with slight respiratory problems following which he has been admitted to an isolated ward in the district hospital here on Friday evening.

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Ram Puniyani
February 10,2020

Noam Chomsky is one of the leading peace workers in the world. In the wake of America’s attack on Vietnam, he brought out his classic formulation, ‘manufacturing consent’. The phrase explains the state manipulating public opinion to have the public approve of it policies—in this case, the attack of the American state on Vietnam, which was then struggling to free itself from French colonial rule.

In India, we are witness to manufactured hate against religious minorities. This hatred serves to enhance polarisation in society, which undermines India’s democracy and Constitution and promotes support for a Hindu nation. Hate is being manufactured through multiple mechanisms. For example, it manifests in violence against religious minorities. Some recent ghastly expressions of this manufactured hate was the massive communal violence witnessed in Mumbai (1992-93), Gujarat (2002), Kandhamal (2008) and Muzaffarnagar (2013). Its other manifestation was in the form of lynching of those accused of having killed a cow or consumed beef. A parallel phenomenon is the brutal flogging, often to death, of Dalits who deal with animal carcasses or leather.

Yet another form of this was seen when Shambhulal Regar, indoctrinated by the propaganda of Hindu nationalists, burned alive Afrazul Khan and shot the video of the heinous act. For his brutality, he was praised by many. Regar was incited into the act by the propaganda around love jihad. Lately, we have the same phenomenon of manufactured hate taking on even more dastardly proportions as youth related to Hindu nationalist organisations have been caught using pistols, while police authorities look on.

Anurag Thakur, a BJP minster in the central government recently incited a crowd in Delhi to complete his chant of what should happen to ‘traitors of the country...” with a “they should be shot”. Just two days later, a youth brought a pistol to the site of a protest at Jamia Millia Islamia university and shouted “take Azaadi!” and fired it. One bullet hit a student of Jamia. This happened on 30 January, the day Nathuram Godse had shot Mahatma Gandhi in 1948. A few days later, another youth fired near the site of protests against the CAA and NRC at Shaheen Bagh. Soon after, he said that in India, “only Hindus will rule”.

What is very obvious is that the shootings by those associated with Hindu nationalist organisations are the culmination of a long campaign of spreading hate against religious minorities in India in general and against Muslims in particular. The present phase is the outcome of a long and sustained hate campaign, the beginning of which lies in nationalism in the name of religion; Muslim nationalism and Hindu nationalism. This sectarian nationalism picked up the communal view of history and the communal historiography which the British introduced in order to pursue their ‘divide and rule’ policy.

In India what became part of “social common sense” was that Muslim kings had destroyed Hindu temples, that Islam was spread by force, and that it is a foreign religion, and so on. Campaigns, such as the one for a temple dedicated to the Hindu god Rama to be built at the site where the Babri masjid once stood, further deepened the idea of a Muslim as a “temple-destroyer”. Aurangzeb, Tipu Sultan and other Muslim kings were tarnished as the ones who spread Islam by force in the subcontinent. The tragic Partition, which was primarily due to British policies, and was well-supported by communal streams also, was entirely attributed to Muslims. The Kashmir conflict, which is the outcome of regional, ethnic and other historical issues, coupled with the American policy of supporting Pakistan’s ambitions of regional hegemony, (which also fostered the birth of Al-Qaeda), was also attributed to the Muslims.

With recurring incidents of communal violence, these falsehoods went on going deeper into the social thinking. Violence itself led to ghettoisation of Muslims and further broke inter-community social bonds. On the one hand, a ghettoised community is cut off from others and on the other hand the victims come to be presented as culprits. The percolation of this hate through word-of-mouth propaganda, media and re-writing of school curricula, had a strong impact on social attitudes towards the minorities.

In the last couple of decades, the process of manufacturing hate has been intensified by the social media platforms which are being cleverly used by the communal forces. Swati Chaturvedi’s book, I Am a Troll: Inside the Secret World of the BJP’s Digital Army, tells us how the BJP used social media to spread hate. Whatapp University became the source of understanding for large sections of society and hate for the ‘Other’, went up by leaps and bounds. To add on to this process, the phenomenon of fake news was shrewdly deployed to intensify divisiveness.

Currently, the Shaheen Bagh movement is a big uniting force for the country; but it is being demonised as a gathering of ‘anti-nationals’. Another BJP leader has said that these protesters will indulge in crimes like rape. This has intensified the prevalent hate.

While there is a general dominance of hate, the likes of Shambhulal Regar and the Jamia shooter do get taken in by the incitement and act out the violence that is constantly hinted at. The deeper issue involved is the prevalence of hate, misconceptions and biases, which have become the part of social thinking.

These misconceptions are undoing the amity between different religious communities which was built during the freedom movement. They are undoing the fraternity which emerged with the process of India as a nation in the making. The processes which brought these communities together broadly drew from Gandhi, Bhagat Singh and Ambedkar. It is these values which need to be rooted again in the society. The communal forces have resorted to false propaganda against the minorities, and that needs to be undone with sincerity.

Combating those foundational misconceptions which create hatred is a massive task which needs to be taken up by the social organisations and political parties which have faith in the Indian Constitution and values of freedom movement. It needs to be done right away as a priority issue in with a focus on cultivating Indian fraternity yet again.

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