Shariat Courts Have No Legal Sanction: Supreme Court

Discussion in 'Politics & Society' started by Free Karma, Jul 7, 2014.

  1. Free Karma

    Free Karma Senior Member Senior Member

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    Shariat Courts Have No Legal Sanction: Supreme Court - NDTV

    I kinda thought this was the way it always was, oh well atleast now it's official.
     
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  3. Illusive

    Illusive Senior Member Senior Member

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    It should be banned completely, there should be a muslim marriage act separately formed. India cannot be secular if religious bigots are given free hand at making decision forfree Indian citizens.
     
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  4. right wing

    right wing Regular Member

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    the NDA govt must challenge this verdict and ask for total ban...no sanctity means not bannd though,infact in the affidavit the sc n upa govt praise the sharia as something which might have good moral fibre...utter rubbish!!!all these sharias n khaps hav no fibre,they shud be banned..no half way measures
     
  5. thethinker

    thethinker Senior Member Senior Member

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    Only those interested and willing can go for Sharia, it never is to be imposed. Furthermore, it is not supposed to be an infringement to fundamental human rights.

    "Individuals may abide by Shariah court rulings if they wish, but cannot be legally forced to do so, Judge C. K. Prasad said.

    "No religion is allowed to curb anyone's fundamental rights," he told the court, giving the decision of a two-judge bench. Indian law does not recognize Shariah court rulings, he said.


    That is what this Supreme Court verdict is about.
     
  6. right wing

    right wing Regular Member

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    why shuld people even go to sharia if judiciary is there???wasnt it the same sc which called goin to khaps illegal?then why can sharia be allowd if individual wants??regressive step,expectd total ban.

    That is what this Supreme Court verdict is about.
     
  7. Voldemort

    Voldemort Senior Member Senior Member

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    I think SC has dealt with this very well. They are minorities. They will raise a hue and cry saying their rights are being curtailed, they are being suppressed, etc. SC has said firstly, it is the choice of an individual to approach a Sharia Court. Seconly, it is not compulsory to obey the diktat. We, the courts are there if you need us.
     
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  8. right wing

    right wing Regular Member

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    I think SC has dealt with this very well. They are minorities. They will raise a hue and cry saying their rights are being curtailed, they are being suppressed, etc. SC has said firstly, it is the choice of an individual to approach a Sharia Court. Seconly, it is not compulsory to obey the diktat. We, the courts are there if you need us.[/QUOTE]
    it wud be more appropriate if the court said,we r the only judicial body,irrespectiv of whether u need us or not,only we can give justice,sharia is the most degraded system of justice...banning it is necessity for the nation
     
  9. Voldemort

    Voldemort Senior Member Senior Member

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    SHARP REACTIONS FROM CLERICS- NEW DELHI: The Supreme Court's verdict on Monday declaring that a sharia court has no legal sanction drew sharp reaction from Muslim clerics who said that the Constitution allows them the right to work and act according to Muslim personal law.
    Zafaryab Jilani, member of the Muslim Personal Law Board, said, "We are not doing anything parallel to the judicial system and we don't say that any order passed by a Qazi is binding on all. Our sole motto is to resolve a matter with the consent of two parties involved in accordance with sharia."
    Khalid Rasheed Farangi, a Muslim cleric, said that under the Constitution, Muslims have the right to work and act according to Muslim personal law.
    "Indian Constitution has given us the right to act and work according to our Muslim personal law.
    The Supreme Court of India.
    "One must also keep in mind that Sharia Application Act, 1937, has very clearly said that in those cases in which both parties are Muslims and the matter is related to nikaah, talaaq, zihar, lian, khula and mubaraat, the decisions will be taken in the light of the Muslim personal law," he said, adding that the verdict needs to be studied properly before a final statement can be given.
    Maulana Mohammad Sajid Rashid, president of Kul Hind Imam Association, said the plea filed in the apex court is itself wrong as it is a religious matter.
    "If a person is practising a religion, he/she has to follow its preachings. A Muslim who does not follow the sharia is not a true Muslim," he said.
    TOI illustration by Zahid.
    Maulana Anisur Rehman, member of Imarat Shariah, Patna, however, agreed with the apex court ruling, saying that the judgment is not wrong and it is not going to hinder the functioning of sharia courts.
    "For arbitration, when two parties or people consensually approach the sharia court, it is lawful. The Supreme Court is not wrong, but I need to go through the entire verdict properly," he said.
    Disapproving of a sharia court issuing fatwa and order against a person who is not before it, the Supreme Court on Monday said it has no sanction of law and no legal status.timesofindia.indiatimes.com/articleshow/37962146.cms?utm_source=facebook.com&utm_medium=referral
     
  10. thethinker

    thethinker Senior Member Senior Member

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    What it did was :

    a) Make it clear that there are laws of land that are above laws of a specific community regardless of their ideology
    b) Presented a non-meddling yet firm verdict so as not to polarize minorities yet make it clear that anything radical will result in official intervention as per laws of land
     
  11. right wing

    right wing Regular Member

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    why does the sc need to worry abt polarisation of minority..it had no such qualms while callin khap illegal..why this fear to bell the real cat??
     
  12. thethinker

    thethinker Senior Member Senior Member

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    http://pluralism.in/wp-content/user_uploaded_content/2011/01/PWP-no-5-The-Idea-of-Secularism.pdf

    "The Indian Constitution, unlike the First Amendment of the United States Constitution, does not have any provision that prescribes the making of any law
    respecting an establishment of religion. It recognizes religion as a source of law. With a view to protect minority rights, it confers affirmative
    social and cultural rights on religious groups. It guarantees the freedom of religion but enables the State to regulate religious practices on certain limited grounds. Thus under the Indian Constitution secularism involves a plural establishment of religion with the State maintaining a principled distance
    or, as some call it,equidistance from all religions. The Court is called upon, in a variety of ways, to oversee and regulate the principled distance that the State ought to keep from religious establishments and the nature of State intervention permissible in religious affairs"
     

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