SC glare on Shariat courts

Discussion in 'Politics & Society' started by Ray, Nov 12, 2013.

  1. Ray

    Ray The Chairman Defence Professionals Moderator

    Joined:
    Apr 17, 2009
    Messages:
    43,118
    Likes Received:
    23,543
    Location:
    Somewhere
    SC glare on Shariat courts

    New Delhi, Nov. 11: The Supreme Court has posted on November 19 the final hearing on a petition seeking ban on Shariat courts on the ground that they are “unconstitutional”.

    The PIL, filed by advocate Vishwa Lochan Madan, has said the practice of pronouncing “fatwa” should be disallowed.

    According to the petitioner, over 50 Shariat courts function in various districts. He also said that some organisations had set up appellate tribunals that supervise the Shariat courts in the districts.

    The matter has come up again after six years. In 2007, the apex court had issued notice to the Union government that had said Shariat courts and its appellate tribunals did not amount to a parallel judicial system.

    The Centre had said the Shariat court was an essential and integral part of the Muslim religion and it was protected under the Fundamental Right to Religion guaranteed under Articles 25, 26 and 29 of the Constitution.

    The government had also said the practice of issuing “fatwa” was part of the Fundamental Right to freedom of speech guaranteed under Article 19.

    The Centre’s stand was supported by the All India Muslim Personal Law Board and the Dar-ul-Uloom, Deoband.

    SC glare on Shariat courts

    ***************************************************************************

    Leaving the religious aspect out of the discussion, it does make some interesting debating points.

    While there is freedom to practice religion, freedom of speech etc guaranteed by the Constitution, yet there are may issues that though were very topical and valid in the time the religion came into being, may not be valid, being antediluvian, in the 'liberated' modern times.

    There lies the fist discord.

    And then can there be a parallel justice system?

    Given the manner in which religion, viciously engineered by political parties for their own selfish needs and pandered with glee, the freedom to practice religion and religious rites can lead to immense social and legal questions.

    There may come a time, where mischievous elements may demand the restoration of such awful rites as "Sutee", which was till very recently saw a case in Deorala, Sikar district, Rajasthan in 1987. Then these khaps might once again claim that it is an ancient custom, sanctioned by religious practice of not permitting same gotra marriages and heaven knows, what other rites that are totally out of synch with the modern world.
     
    maomao likes this.
  2.  
  3. The Messiah

    The Messiah Bow Before Me! Elite Member

    Joined:
    Aug 25, 2010
    Messages:
    10,788
    Likes Received:
    4,552
    Of course fatwa is fundamental right because fatwa means quite literally opinion of some chap on religious issue.

    But since exotic word is used so people think it must mean something else.
     
  4. Decklander

    Decklander New Member

    Joined:
    Nov 19, 2012
    Messages:
    2,654
    Likes Received:
    4,043
    Location:
    New Delhi
    The demands of Jinnah which were not accepted by Congress and led to division of India included separate judicial system besides separate electroral college and separate system of governance in muslim majority provinces of west and east India. Now if we read what reply khangrass had given in 2007 to SC, it appears very clearly that they have gone back from their position. Allowing Sharia courts is like setting up a separete judicial system with diff laws for muslim making them a completely diff community from rest of Indians. What happens to one india one nation and one set of laws and also to so called eqality?
     
    Vishwarupa and maomao like this.
  5. Ray

    Ray The Chairman Defence Professionals Moderator

    Joined:
    Apr 17, 2009
    Messages:
    43,118
    Likes Received:
    23,543
    Location:
    Somewhere
    Freedom is always tempered with reason.

    Irrationality and plumb antediluvian rules, and rites cannot be condoned by using the cloak of the Constitution.
     
  6. Ray

    Ray The Chairman Defence Professionals Moderator

    Joined:
    Apr 17, 2009
    Messages:
    43,118
    Likes Received:
    23,543
    Location:
    Somewhere
    Fatwas is an opinion and not mandatory for obedience.

    But why do people make a song and a dance over it?

    To sin by silence when they should protest makes cowards of men.

    Why no in other religion one cares for what the spiritual head has to say and instead use their own God given intelligence?

    I will lay it on the table.

    In no other religion has so much of havoc, bloodshed and mayhem been perpetuated, in recent times, through the edict of a religious clot.

    Take all the pronouncement of jihad by a whole lot of clerics and its reactions by the adherents.

    Take the pronouncement of the Catholic church on illegality of condoms and abortions. How many obey such an eminent Spiritual leader as the Pope?

    Bush used the word 'crusade' as it is in the English language interpretation.

    The whole world chastised him!

    Anyone bothered to condemn even a fool Mullah on his call for jihad or putting a ransom on the head of Bush and Taslima Nasreen?

    So, all that it is only a 'fatwa' - an opinion - one hardly feels is a correct interpretation to swallow when the ground realities are different.

    It is time for Muslims for introspection as to why the world finds them so uncomfortable to handle.

    One does not have to stop one's religious belief to be 'acceptable'. One has to merely learn to identify with the society at large without aggressively faluting one's own!

    In Malaysia, pork is available and I ate it.

    But I did not do so or drink when our Muslim neighbours were invited!

    I identified with the society, though in private I did what I wanted!
     
    Last edited: Nov 12, 2013
    parijataka and maomao like this.
  7. maomao

    maomao Veteran Hunter of Maleecha Senior Member

    Joined:
    Apr 7, 2010
    Messages:
    4,497
    Likes Received:
    4,142
    What is more important Survival of the nation or the religion? Secularism is a sham, which is taking us towards another 1947! Shriah courts are just a starting point.
     
    Last edited: Nov 12, 2013
    Free Karma, Dharmateja and parijataka like this.
  8. The Messiah

    The Messiah Bow Before Me! Elite Member

    Joined:
    Aug 25, 2010
    Messages:
    10,788
    Likes Received:
    4,552
    As long as there is no legal sanction of fatwa what can govt do ? it has no relevance, if someone wishes to follow it then its there choice..if its illegal they'll be punished. No one can be forced to obey it not even the person issueing it.

    There will always be some idiot to issue fatwas..it is best to identify him as an idiot rather than give him weightage. One can even pay and get fatwas issued according to ones whims. Sharia courts should be banned if they pronounce legal judgements. Vote bank politics have created a seige mentality among muslims...order of the day is education and upliftment without doling out soaps. Im sure none of your muslim friends start obeying fatwas from these loonies. why is it so ? because they have functioning brain that can think along correct path..same needs to be replicated throughout India.
     
  9. Ray

    Ray The Chairman Defence Professionals Moderator

    Joined:
    Apr 17, 2009
    Messages:
    43,118
    Likes Received:
    23,543
    Location:
    Somewhere
    It is time that there is a single criminal and civil code in the country.

    If indeed be, the religious angles be also incorporated for all people.

    Damned stupid to overburden the courts, where the Sharia diktats are challenged.

    It is time all these sops are not given selectively and instead some genuine upliftment of all people who are economically deprived by undertaken so that all of India rises to some acceptable level.

    Legal sanctions can never come, even if there is a BJP Govt.

    India's Vote Bank ethos is highly ingrained.

    In fact, if there is a BJP Govt, they will be even more 'concerned' so as to wipe out their tarnished image!

    BJP is a win win for Muslims!
     
    Last edited: Nov 13, 2013
  10. Eesh

    Eesh Regular Member

    Joined:
    Sep 9, 2013
    Messages:
    393
    Likes Received:
    162
    Location:
    New Delhi
    Even if it an opinion, a fatwa is indeed claimed to derive its authority from Kuran and Shariat.

    If fatwa is permitted as a fundamental right of opinion then why are pronouncements of biradari khaps are not so? Mind you fatwas are innocuous or CAN BE and HAVE been very, vbery vicious like those on the heads of Taslima, Rushdie etc. Is call for murder too is a fundamental right to opinion?

    [For pronouncements of popes on crusades, condoms etc, they have not been condemned by catholics, and such popes are SAINTS].

    Traditional Hindu customs and laws have sanctity from ancient laws, which derive authority from Vedas. Then how can khap judgments be faulted at all? In fact why not khaps have judicial sanction? But no, secular bellyache starts at point.

    When Constitution itself provides for uniform civil law how can it be faulted? But no, seculars quote Constitution while condemning khaps, again quote it when condemning uniform civil laws!!! Though the quotations are of different articles or of the same but interpreted differently.

    Case:

    A muslim man in a village near Bulandshahar, UP, raped his daughter in law. So Deoband pronounced them husband and wife!! Shariat law says that her previous marriage became VOID!! Seculars say it is OK, they don't protest.

    Khaps want same gotra marriages, all skies fall down.
     
    Last edited: Nov 13, 2013
  11. parijataka

    parijataka Senior Member Senior Member

    Joined:
    Oct 15, 2011
    Messages:
    4,893
    Likes Received:
    3,688
    Location:
    Bengaluru
    I agreev with @Eesh - if fatwas are innocuous declarations of opinion by religious heads then so are khaap panchayat decrees.
     
    Last edited by a moderator: May 10, 2015
  12. Ray

    Ray The Chairman Defence Professionals Moderator

    Joined:
    Apr 17, 2009
    Messages:
    43,118
    Likes Received:
    23,543
    Location:
    Somewhere
    I may have been too generalised in describing the fatwa

    Fatwa is actually an 'interpretation' and even considered a legally binding judgement issued by a qualified person, namely a Mufti.

    However, many Muslims contend that it is not necessarily a formal position since any pined in Islamic law may give an opinion (fatwā) on its teachings.

    Notwithstanding, a fatwa does impact the people of the Muslim faith.

    The contention mentioned by some of the effect of Hindu rites which has traditions and customs behind them, to include issues handed down from their religious scriptures being equally valid as the rites and rules handed down in the Quaran/ Sharia, and should also be honoured in the same vein, is the very issue that vexes, perplexes and worries me.

    If every religion commences on this path, then there will be total legal and social chaos in the country.

    But then teh genie is out of the bottle thanks to Vote Bank politics and it is too late to put the genie back and close the stopper.

    I find no answer.
     

Share This Page