Mumbai gets its first Shariah court to settle civil, marital disputes

Discussion in 'Religion & Culture' started by Raj30, Apr 29, 2013.

  1. Raj30

    Raj30 Senior Member Senior Member

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    ​Mumbai gets its first Shariah court to settle civil, marital disputes - The Times of India

    MUMBAI: The city is set to get its first Darul Qaza or Shariah court to settle civil and marital disputes in the Muslim community. The court, set up by the All India Muslim Personal Law Board, will be inaugurated on Monday at Anjuman-i-Islam, near CST, and will serve to fill a long-felt need of the community.

    Shariah courts already function at many places in the country, such as Hyderabad, Patna and Malegaon. Here qazis appointed by the AIMPLB hear the community's various disputes, barring criminal cases, and deliver judgements. "This court will function to settle mainly family disputes pertaining to marriage, divorce and inheritance. Marriage disputes will be settled quickly and the couples will be told to either reconcile or separate if reconciliation is not possible. It will save the community much time and money as fighting cases in civil courts is expensive and time-consuming," said AIMPLB secretary Maulana Wali Rahmani.

    For a dispute to be heard by a Shariah court, both the parties in the dispute will have to approach the court. If one of the parties has approached a civil court, then it will have to withdraw the case for the Shariah court to accept the matter.

    Rahmani said Shariah courts do not compete with the civil courts. "On the contrary, Shariah courts will lower the burden of the civil courts where thousands of cases are pending and the judges are overworked," he said.

    Senior advocate and head of AIMPLB's legal cell Yusuf Muchalla called the city's Shariah court a "significant alternative dispute settlement mechanism". "This court will decide within the framework of Muslim personal laws and mainly deal with matrimonial disputes. This is a kind of domestic tribunal set up by the Muslim community." He added that district and high courts in Bihar, Jharkhand, Bengal and Orissa have upheld several decisions given by the Shariah courts established by the Imarat-e-Shariah (House of Shariah) headquartered in Patna. Muchalla maintained that the Shariah courts were well within the law of the land.

    'Shariah courts don't compete with civil courts'

    For a dispute to be heard by a Shariah court, both the parties in the dispute will have to approach the court. If one of the parties has approached a civil court, then it will have to withdraw the case for the Shariah court to accept the matter.

    AIMPLB secretary Maulana Wali Rahmani said Shariah courts do not compete with the civil courts. "On the contrary, Shariah courts will lower the burden of the civil courts where thousands of cases are pending and the judges are overworked," he said.

    Senior advocate and head of AIMPLB's legal cell Yusuf Muchalla called the city's Shariah court a "significant alternative dispute settlement mechanism". "This court will decide within the framework of Muslim personal laws and mainly deal with matrimonial disputes. This is a kind of domestic tribunal set up by the Muslim community." He added that district and high courts in Bihar, Jharkhand, Bengal and Orissa have upheld several decisions given by courts established by the Imarat-e-Shariah (House of Shariah) headquartered in Patna. Muchalla said that Shariah courts were within the law of the land.
     
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  3. Vishwarupa

    Vishwarupa Senior Member Senior Member

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    Is this inline with our constitution having a separate court on religion basis.
     
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  4. Singh

    Singh Phat Cat Administrator

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    Yes. In civil matters. As is evident.

    Ideally, the Government shouldn't interfere in civil matters such as marriage, divorce, and/or inheritance, except to prevent exploitation etc.
     
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  5. nrupatunga

    nrupatunga Senior Member Senior Member

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    @vishwaroopa Constitution is for communal hindus not for secualr islamists. Anyways the last line of article itself mentioned this
     
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  6. Singh

    Singh Phat Cat Administrator

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    How is Constitution only for communal Hindus and not for Secular Islamists ?

    So are you suggesting that the Constitution of India, deliberately appeases Muslims and discriminates against Hindus ? And why is that ?
     
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  7. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    Good if they deal only civil matters, but it must not serve as a ground for demanding separate criminal laws for Muslims as per Shariah. In other words it must not be a first step towards Shariah.
     
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  8. Yusuf

    Yusuf GUARDIAN Administrator

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    Don't create political hot potatoes for the future.
     
  9. nrupatunga

    nrupatunga Senior Member Senior Member

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    more than the constitution, its the application of it or rather non-application of it. And also tweaking to favour/dis-favour is the issue.
     
  10. Singh

    Singh Phat Cat Administrator

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    But where is the tweaking or non-application ?

    ==

    How is it creating political hot potatoes ?

    ==

    That is understood.
     
  11. Yusuf

    Yusuf GUARDIAN Administrator

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    Well, any attempts to have laws favoring someone becomes hot potatoes. That's how it has been over the years.

    Leaving it as it is, is a better option.

    I know we are talking about civil cases. But who vouches for the credibility of the judge and their "correct" interpretation as well as accountability for their post.

    Soon, their might be a case like "Shah Bano" and the entire nation will cry foul but since the court has been made, the people of the court will say don't interfere in our affairs and the govt to protect its vote bank will not do anything.

    I am sorry, we better have courts operated by judges who pass exams, study law and rise up.
     
  12. nrupatunga

    nrupatunga Senior Member Senior Member

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    If am not wrong none of the books like quran/bible/geeta etc are named as religious texts in constitution. Though this was lobbied hard by missionaries then. If included, this meant further laws/amendaments on various social issues had to consider the writings in these books. Since this is not the case, issues have to be followed as per court rulings (ideally).
     
  13. Singh

    Singh Phat Cat Administrator

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    How is it favoring ?
    ==

    You mean the Govt should be authoritarian and not libertarian, just so that some quarters may not wrongly interpret libertarianism as "appeasement" ?
    Then the Govt should also stop building stuff, lest people think they are doing corruption.
    ===

    That is for the muslims who wish to appeal to decide. They can always have recourse to a civil court in case they deem the "qazi" or islamic injunctions to be unfit or if they don't wish to follow religious tenets.

    ==

    What was Shah Bano Case, the SC overruled the religious ruling which it considered discriminatory. Parliament, however, enacted a law to overrule the SC. Since, then that law has been modified afaik to be less discriminatory.

    Broad point, if the Parliament decides to be discriminatory what can you do ?
    ==
    Then goto civil courts, have court marriages etc.
     
  14. arnabmit

    arnabmit Homo Communis Indus Senior Member

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    I guess constitution itself is conflicted... On one hand it imposes equality for all citizens, on the other hand constitution itself allows different laws for different communities...
     
  15. Singh

    Singh Phat Cat Administrator

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    There is absolutely no conflict here.

    If I want to get married to another consenting individual, as per my beliefs and wishes, then why should the State interfere ?

    If I want to provide for my legal heirs, as per my beliefs and wishes, then why should the State interfere ?

    If I wish to divorce my partner, as per the contract that got us married, then why should the State interfere ?

    The State should and does interfere to prevent exploitation.
     
  16. Singh

    Singh Phat Cat Administrator

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    Not various social issues.

    Marriage is considered as a union of two souls which can only be solemnized by a priest. Infact imo over 95% of marriages in India, are officiated and solemnized by priests. This means that the State recognizes that marriage (and therefore divorce) is a societal construct based on religious beliefs.
    The State therefore, allows individuals to practice this religious belief whilst enacting guidelines/laws to prevent exploitation. Also, the State realizes that atheists, and inter-religious individuals may also wish to "marry" therefore the state also allowed for court marriages.
    As a segue, most of a societies cultural and moral values are shaped to a large degree by religion, therefore in a deeply religious society like India, homosexual marriages is a No-No.

    Similarly, matters of inheritance are also derived from religious beliefs.

    The State, therefore, decided that an individual should be allowed to practice his religious beliefs in such civil matters, which are religious constructs, as long as exploitation doesn't occur. An individual is also allowed recourse to civil laws in case an individual is not happy.

    PS: I have literally spewed this out, but I hope you get the gist.
     
  17. arnabmit

    arnabmit Homo Communis Indus Senior Member

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    LIBERTY, of thought, expression, belief, faith and worship = Does not include civil and criminal law

    EQUALITY of status and of opportunity = Does include civil and criminal law

    That is why, AFAIK, whatever way you get married, you still need to get a marriage certificate, irrespective of religion. Same for divorce.

    Step by step demands happen like this... Now Shariah law for civil issues, in 10-20 yrs, it will be Shariah law for criminal issues as well. Then in 30 yrs you will see public lynching as a legal punishment for crime like in Iran and Saudi.

    http://books.google.co.in/books?id=srDytmFE3KMC&pg=PA47&lpg=PA47&dq=liberty+equality+fraternity+indian+constitution&source=bl&ots=yarrBg-mBY&sig=dUOEdrkODvYlHWs1w9b40sbFO7w&hl=en&sa=X&ei=Yll-Uf_3LoPVrQfny4CYDg&ved=0CDAQ6AEwAA#v=onepage&q=liberty%20equality%20fraternity%20indian%20constitution&f=false

     
    Last edited: Apr 29, 2013
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  18. Singh

    Singh Phat Cat Administrator

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    I think the SC doesn't quite agree with you. In any case, this is a case of libertarianism and its interpretation isn't solely derived from the preamble.

    Marriage Certificate and Divorce, are just ratifications and a formality for record keeping.

    I am certain that there are many millions who are happily married, with children and without marriage certificate, and they are not arrested for "obscenities"

    I don't think there is any justification for that.

    Understand, how the state interprets these three conditions - marriage is a contract between two individuals, how they sign it is upto them; divorce similarly is the termination of the said contract; inheritance is how an individual wishes to dispose of his wealth, assets and liabilities.

    In case of criminal cases, the argument for Shariat would mean a parallel state or a rule of law, this is against the social contract individuals have with the State. The social contract being are acceptance of suzerainty of the state, and rule of law, and to eschew our animalistic impulse to get justice. (Very crudely put)

    To reiterate,

    The State imho rightly interprets civil issues like marriage, divorce and/or inheritance to be motivated by religious beliefs and ergo holds supremacy of individual rights.
    In case of criminal issues, the covenant the citizens have with the State is their acceptance of supremacy of constitution and not of religious texts ergo rule of law can and only be dictated by the Constitution
     
  19. rock127

    rock127 Maulana Rockullah Senior Member

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    :yawn:
    ...
     
  20. arnabmit

    arnabmit Homo Communis Indus Senior Member

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    I agree with your point... however is there any guarantee that once Shariah is allowed as a parallel to Civil Courts, there would not be a clamor for a shariah parallel to criminal courts? And is there any guarantee that appeasers in the center would not buckle?

    IMHO, One India, One Law. Irrespective of cast, creed, community.

     
    Last edited: Apr 29, 2013
  21. sorcerer

    sorcerer Senior Member Senior Member

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    Re: Mumbai gets its first Shariah court to settle civil, marital dispu

    This is what I am scared of the most. We see politicians kissing bumbums of extrimist parties to get votes..
    It even took a lot of media outrage to arrest Owaisi. When we empower a faction by basing it on religion, I dont know how long it will function unbiased .

    I think as Yusuf said, such should be left as it is.
    Why make things with a religious inclination and create factions.
    @Singh
    You have a valid point, may be it will work right now, but what if people with money can easily influence the priests?

    What will happen in the case of inter religious disputes?
     
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