.jpg)
Mumbai gets its first Shariah court to settle civil, marital disputes.
Mohammed Wajihuddin, TNN | MUMBAI | Apr 29, 2013:: 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. [Courtesy: TOI.]
BAN SHARIA COURT IN BHARAT. Its nothing but a project of dangerous “Shariah for Hind“.
- HINDU EXISTENCE.
SHARIA COURTS ARE ULTRA-VIRES CONSTITUTION
By Brigadier Chitranjan Sawant,VSM
The Constitution of India that the constituent assembly had framed with great diligence and dedication was promulgated on 26 January 1950. Among its Directive Principles there is a recommendation for the Common Civil Code. Indeed it is a pity that the proposed code remains just a piece of paper in the teeth of opposition from many ethnic and religious parties mainly the Muslims.
Violating the spirit of the Constitution, many political parties with high ambitions but low vote gathering mechanism took recourse to appeasement of the Muslim community. The Indian National Congress, the Samajwadi Party, the Indian Union Muslim League and so on spearheaded a movement to let the Muslim community not only have full freedom in observing their personal law but went a step ahead and asked for establishment of Shariah Courts to entertain and decide law suits relating to marital disputes and other personal law problems provided both parties are Muslims and no party has already approached the civil courts established under law of the land.
Mumbai, Maharashtra has had the first Shariah Court inaugurated today, 30 April 2013.
In my opinion it is a sad day for the administration of civil law in Bharat as courts have been bifurcated on the basis of religion leading to further bifurcation of thought and ideas of different communities inhabiting this great land.Thank God the criminal law and its administration remains common to citizens of all faiths. We should be thankful to the British legal luminaries, judges and Indian lawyers who were far sighted and did not allow Shariah anywhere near administration of criminal justice.
With a view to honoring the founding fathers of our Constitution who favoured the Common Civil Code for men and women of all faiths who were citizens of India, we should strive to have at least common civil courts to administer justice in civil law of one and all.Shariah courts are negation of the lofty principles of Uniform Civil Code that our Constitution stands for.
Let us strive to honour the provisions of our Constitution both in letter and spirit so that Bharat moves forward as a united nation commanding the respect of civilized human beings.
Shariah Courts are a part of the Separatist and Divisive tactics of some Muslim organisations. The aim is to separate the Muslim majority areas and administer it differently. Looking at history, we find that Sir Shahnawaz Bhutto pressured the then govt to bifurcate Sindh from Bombay province. Later they had Sylhet in the East separated from the Hindu majority Assam and made it a part of East-Pakistan. Now the courts are being separated for Muslim civil disputes to be adjudicated by the Shariah courts. Thus the foundation is being laid by the anti-national elements to have as many divisions of the Indian social set up as possible so that Islamic Jihad can prevail. The Nationalist elements must oppose it tooth and nail and prevent vivisection of our Bharat.
Writer can be reached at sawantchitranjan@yahoo.com
