PIL against Muslim clerics issuing divorce certificates

Discussion in 'Religion & Culture' started by Raj30, Jul 10, 2013.

  1. Raj30

    Raj30 Senior Member Senior Member

    May 24, 2012
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    PIL against Muslim clerics issuing divorce certificates - Times Of India

    CHENNAI: Badar Sayeed, the first woman to head the Wakf Board and the Tamil Nadu Minorities Commission in Tamil Nadu, has filed a PIL in the Madras high court to stop the practice of Muslim clerics or kazis issuing talaq (divorce) certificates.

    The first bench comprising acting Chief Justice R K Agrawal and Justice M Sathyanarayanan issued notice to the state and central government, returnable in two weeks.

    In her PIL, Badar Sayeed, who was AIADMK MLA between 2001 and 2006 and had also served as additional advocate-general in the high court, said that though kazis had not been statutorily conferred any administrative or judicial power to issue certificates and other documents certifying or approving talaq, they had been continuing the practice unlawfully.

    According to her, Kazis Act, 1880 was enacted only for the purpose of attendance of a kazi at marriage, and the Act does not confer any power on them to issue certificates recognising divorces . "It has been repeatedly held that any talaq, unless preceded by mediation or reconciliation, is invalid. But the kazis in Tamil Nadu are unilaterally issuing certificates and documents recognizing talaq," she said.

    Seeking to restrain kazis from issuing such certificates and documents, Badar Sayeed further said that kazis were judicial authorities under the Muslim Personal Law once upon a time, but their powers had been taken over by civil courts during the British rule.

    Even assuming that the practice of talaq in respect of personal law is constitutionally valid, whether the condition precedent for invoking triple talaq was satisfied or not cannot be adjudicated or inquired into by the kazis. Such a procedure can be conducted only by a court of law, she said.

    The petitioner further said that the mandatory conditions for pronouncing triple talaq are not being followed by many Muslim men and that Muslim women were left in lurch due to the lacuna. "They are asked to be satisfied by certain reliefs given under the Muslim Women (Protection of Rights on Divorce) Act, 1986," she said.
    poster by Muslim organization


    "We strongly condemn the Satanic former MLA Badar Sayeed who has filed writ in the High Court to de-recognize right of Qazis to issue divorce certificates.

    - O Muslim community! If you wish to live in peace, you cannot live as a Muslim
    - Badar Sayeed is a Shaitan who wishes to shake the foundation of the Sharia
    - Repeats what Badar Sayeed has done - namely moved High Court to not recognize right of Qazis to issue divorces
    - It is noteworthy that such a case is wholly incompatible with Sharia

    Who is this Badar Sayeed (worried Sayeed - pun on words in Tamil)
    - The Chief Minister's friend from school
    - Former MLA
    - Former Wakf Board president
    - A woman who does not follow any of the Muslim woman's practices

    Who is instigating this case?
    - On the advice of the Gujarat CM?
    - On the advice of the Tamil Nadu CM?
    - Note - Can the Indian Civil Law provide more protection to Muslim women than the Sharia?
    - How many Muslim women have got justice from the Indian family courts?
    Last edited: Jul 10, 2013
  3. Bangalorean

    Bangalorean Stars and Ambassadors Stars and Ambassadors

    Nov 28, 2010
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    ^^ These useless fellows have brought "Gujarat CM" here also, unnecessarily. I wonder when these people will improve.

    I guess never. I think it is time India just goes ahead and bans sharia in all its forms. Officially and constitutionally.
  4. parijataka

    parijataka Senior Member Senior Member

    Oct 15, 2011
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    Brave lady. May her tribe increase.
    arnabmit, Raj30 and A chauhan like this.
  5. natarajan

    natarajan Senior Member Senior Member

    Jul 28, 2009
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    Real truth is 90% women are against this sharia,kuria etc all kind of f**ing religious law,they are most affected as there are lots of divorced women with children ,most of them were taken care or sponsored from hindus,even some north state is taking care ,why should government take care of this children where men will be keep marrying and producing children,then they will end with just three times saying of talaaq.But unfortunately muslim women fear to come out and complain
    TrueSpirit likes this.
  6. anoop_mig25

    anoop_mig25 Senior Member Senior Member

    Aug 17, 2009
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    I donot understand why they make everyone Satanic who wants to bring them progress among them
  7. The Messiah

    The Messiah Bow Before Me! Elite Member

    Aug 25, 2010
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    fundamentalist tend to be like this only.
  8. jamesvaikom

    jamesvaikom Regular Member

    Aug 16, 2012
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    The problem is only hindu atheists have vote banks. Minority atheists don't have vote banks. Left parties are trying to get support of spiritual leaders of minority communities. But they don't care about minority atheists. Hindu organizations will protest if they face problems from minorities. But nobody will protest if minorities face problems from their own community.
  9. trackwhack

    trackwhack Tihar Jail Banned

    Jul 20, 2011
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    I am just happy to see that Tamil Muslims still use Tamil as their primary language. But I dont see it lasting for too long.

    Till 20 years back, Mallu Muslims spoke only malyalam, not anymore. I think TN is the last state where Muslims still speak the local language.
  10. Uriel Correa

    Uriel Correa New Member

    May 9, 2013
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    Im not going to say what everyone else has already said, but I do want to comment on your knowledge of the topic. Youre truly well-informed.

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