Shut Muslim personal law courts, says PIL

Discussion in 'Religion & Culture' started by Ray, Jul 8, 2014.

  1. Ray

    Ray The Chairman Defence Professionals Moderator

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    This is a highly emotive issue.

    While the Sharia is technically the sole legal authority for practising Muslims, yet there is no denial that is no codified in modern legal terms and is left to the interpretation of the Maulana.

    The Muslim Personal Law is somewhat codified or so it is said.

    The unfortunate part is that the fatwas given by the Maulanas are contrary to the criminal and civil procedures that are prevalent in the country.

    It is said that fatwas are merely opinions and not diktats or judgement.

    That may be true, but it also has the fear of social otracisation or even bodily harm by the more fanatical adherents of the religion.

    In sum total, it becomes mandatory to obey that fatwa.

    That apart, the fear is that other religious group can now claim (and India is getting very irrational) that their religious codes be dictated by their religious scriptures.

    Already there is the spat between the Sankaracharya and the Sai devotees!

    Then the Christians will want their religious codes be as sanctified by the Bible.

    And so will start the chaos.

    I thought that the Muslim and other Personal Laws were there, and the Legally Constituted courts interpreted these laws and gave the judgement.
     
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  3. Ray

    Ray The Chairman Defence Professionals Moderator

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    It is time all this extraconstitutional courts, sanctified by religion or tradition and customs should be closed down. These are not manned by those who comprehend the legal system prevalent in India, which is secular in content.

    The contention that these are opinions and not judgement and cannot be implemented because the so called 'courts' have no police powers, is patently bogus.

    Greater than police power is the societal pressure and social ostracisation that one will have to endure if the orders of these extraconstitutional courts are not followed.

    Imagine a situation where marriages, birth etc are not solemnised by the priest/ mulavi for a whole family or who are not allowed to enter the temple of worship or ridiculed in the streets?

    Now, who will like to go through that?

    Dehumanising religious instructions has ridiculous effect.

    Another is the weird case of the all Girls Kashmiri band being ordered to discontinue as it was unIslamic.

    These Maulavis, Maulanas are actually not really equipped to interpret Islamic laws and texts.

    It is only the Mujtahids who can interpret and there are none.

    I wonder how many Hindus, except for disciples, care what the Shankaracharya has to say about what is right and wrong.
     
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  4. jackprince

    jackprince Turning into a frog Senior Member

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    Sankaracharya who?

    Trolling aside, I didn't know about Sankaracharyas till may be 10 years back! That is how much influence those fat goose have on Hindus.

    I heard someone calling one of the fat moron the Congressacharya. Stigma in the face of Hinduism!
     
  5. Ray

    Ray The Chairman Defence Professionals Moderator

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    These salishis (kangaroo courts) in Bengal are running a havoc in rural Bengal.

    And what is more, they are more political in their approach than anything else.
     
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  6. Ray

    Ray The Chairman Defence Professionals Moderator

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    Clerics say plea due to lack of understanding of Shariat courts

    Reacting to the Supreme Court verdict on Shariat courts, Muslim organisations Monday said the very basis of the petition questioning their legality lies in misconception over the institution. The SC, they said, has only said what was never in dispute within the community — that these courts do not have legal sanctity. They are forums for arbitration whose verdict can be challenged by any of the appellants in any court of law.
    “The problem is that people do not understand that there are two different institutions — a Darul Iftaa which issues a fatwa which is merely opinion based on interpretation of the Quran or the Hadith and a Darul Qaza which is commonly called a Shariat court. A fatwa is not a judgment, it is an opinion that is binding on nobody. A qaza is in a sense a judgment, provided it is acceptable to the appellants. It is a form of arbitration which is very much legal under Indian laws. Panchayats do the same. There is no question of it being a parellel court,” said Manzoor Alam, member of the All India Muslim Personal Law Board (AIMPLB). He added that the board had never claimed that either a Darul Qaza or the board itself has any powers to implement the verdict of the religious court.
    There are no authentic estimates of how many Darul Qazas may be functioning in the country as a Darul Qaza may be set up whenever a group of religious teachers or Maulanas come together and start adjudicating on issues and their verdicts are accepted by the community. It is similar to a panchayat but unlike a panchayat there are no elections.
    A Darul Iftaa, on the other hand, is often attached to a religious seminary — Darul uloom Deoband has one of the most revered Darul Iftaas — though an individual may also give an opinion based on his interpretation of Islamic laws. A fatwa does not usually go into the specifics or rights and wrongs of a case.
    “The SC verdict is actually in our favour because it turns down an appeal to ban Shariat courts. I have always held that fatwas should not be issue based on questions asked by a third party because it is then used to malign the institution. The Darul Qaza is a supporting institution to courts not a parallel one,” says Maulana Mahmood Madani, general secretary of the Jamiat Ulama-i-Hind.
    The fact that Shariat courts never claimed immunity from the law of the land, say Muslim religious leaders, is clear from the fact that even now many verdicts from these courts are challenged in a court of law and many of them are upheld too. In fact, says Maulana Nizamuddin, head of the Patna-based Imarat-e-Shariah that claims to adjudicate on an average of 1,000 cases annually, “just one or two” of the 20,000 cases it has so far delivered verdict on have been referred back to it by the courts for reconsideration.
    “There is no question of a qaza infringing on the rights of an individual. Verdicts are strictly within the confines of the Constitution and even then there is nothing in the religion to foist it on an individual who does not want to accept it,” says Maulana Jalaluddin Umri, president of the Jamaat-e-Islami Hind.
    Clerics say plea due to lack of understanding of Shariat courts | The Indian Express
     
  7. Ray

    Ray The Chairman Defence Professionals Moderator

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    I think people go and accept the verdicts or fatwas of these extra-constitutional courts is because the verdict is instant and the legal cost is minimal.

    Legally constituted courts of law, are costly for litigation, and the delay kills the case.

    It is time to rectify the legal system and then and then only can this malaise be stemmed.
     
  8. Tshering22

    Tshering22 Sikkimese Saber Senior Member

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    There are other reasons as well. One of the main reasons for this is also that a lot of these small towns and cities have kangaroo courts due to rent religious influence by families and community.




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  9. JBH22

    JBH22 Senior Member Senior Member

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    If you don't like to live as per the rules of the land, then please GTFO India.

    Move your belongings to Pakistan or Bangladesh. Those who stayed here agreed to live with the infidels :)
     

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