Upananda Brahmachari | HENB | New Delhi | July 9, 2018:: The Sharia cat is again out of AIMPLB bag. The All-India Muslim Personal Law Board (AIMPLB), an fundamental group that campaigns for shariah law among Muslims, will set up arbitration centres called Darul Qazas inter alia Sharia Courts in every district of the country, Zafaryab Jilani, a senior member of the board, told Hindustan Times+ on Sunday.
By the virtue of the Muslim Personal Law (Shariat) Application Act, 1937, Muslim bodies in India traditionally deal with matters relating to matrimonial and property disputes before such centres. Shariah refers to Islamic law based on the Quran and the teachings of Prophet Mohammed, known as Ahadith, frequently clash with the rules of civil society and infringes the women and human rights. But, the status of Darul Qazas or Sharia Courts have no legal validity in India.
On July, 2014, the Supreme Court of India held that fatwas issued by Muslim shariat courts (Dar-ul-Qazas) do not have legal sanctity+ and cannot be enforced if they infringed on the fundamental rights of an individual.
Then, a Bench of Justices C.K. Prasad and Pinaki Chandra Ghose gave the ruling on a public interest writ petition filed in 2005. Advocate Vishwa Lochan Madan, in his petition, said a woman from Kukda village in Muzaffarnagar district of Uttar Pradesh was raped by her father-in-law, following which the Muslim dominated village panchayat passed a fatwa asking her to treat him as her husband. The Dar-ul-Uloom also declared that she had become ineligible to live with her husband. This was endorsed by the All-India Muslim Personal Law Board as well.
Disposing of the petition, the Bench said the fatwa had no legal sanction. “It cannot be enforced by any legal process, either by the Dar-ul-Qaza issuing it or the person concerned, or for that matter anybody.”
But, the Mullas in AIMPLB are telling lies now or are hugely ignorant about the SC judgment reported in (2014) 7 SCC 707 para 13 declaring Darul Qazas are illegal and unconstitutional.
Unfortunately, by this time, the AIMPLB established the set up Darul Qazas in Lucknow, Hyderabad, Chennai, Patna, Guwahati, Jaipur including 40 such functional centers in BJP run Uttar Pradesh. As believed, AIMPLB has procured a huge money to spend Rs. 50.000/- per month per center and now jumped for setting up Darul Qaza centers in 712 district centers all over India.
In an retaliation to AIMPLB’s plan of Shariat courts in all districts of country, BJP says India isn’t Islamic Republic+and they won’t allow such Sharia courts in India.
Criticizing the Sharia Court move, the Bharatiya Janta Party (BJP) spokesperson Meenakshi Lekhi on Monday said there was no place for Shariat Court, be it district or village or city. This isn’t Islamic Republic of India, she added.
The Centre today also dismissed the proposal of the All India Muslim Personal Law Board to establish Sharia courts as unconstitutional. Union Minister of State for Law and Justice, PP Chaudhary, on Monday said that the AIMPLB’s proposal for Darul Qaza or Sharia Court is unconstitutional and the debate around is unnecessary+. “Debate is unnecessary. It’s against Constitution. AIMPLB has no power to set up courts. Those supporting it know it’s legally untenable. There’s nothing but politics behind it,” Chaudhary told ANI.
Reacting to the AIMPLB’s proposal, senior Congress leader Rajeev Shukla had said that the special provision of a particular religion is taken care of by the top courts and there was no need for any other court. “I do not subscribe to the idea. It is completely against the India Constitution,” Shukla had said on Sunday.
Wasim Rizvi, the Chairperson of UP Shia Central Waqf Board described AIMPLB’s stand for Sharia Court as a right case for sedition. “There is constitution in India, judges are appointed on basis of that. There is no place for Sharia courts in India. Who is Muslim Personal Law Board to set up parallel courts?” Rizvi told ANI.
BJP leader and Member of Parliament Subramanian Swamy reacted sharply to the proposal. “It’s (the Sharia court plan) a de-facto way of dividing the country and creating secession. There is only one court and one law. Constitution is the guiding force and anything outside it will not be acceptable,” Swami told ANI, adding, “any attempt made, should be acted upon strongly by the govt and these people should be arrested under the national security act.”
But, I am sure that Modi Govt will not take any action against Mr. Zafaryab Jilani or the fanatic Sharia people in AIMPLB. Even, Yogi Adityanath, the CM of Uttar Pradesh will not take necessary action to stop 40 functional Darul Qaza in the state. The fear and veneration of BJP about Muslim Vote Bank are hard topics for the Party with Difference, so far.
In June, 2015, I urged to Govt of India to “Ban Muslim Personal Law Board for its anti-Hindu stance and anti-Constitutional stand+“. The activities of AIMPLB are totally unconstitutional and derogatory to the democratic stature of India as the Sharia Law Body challenges the position of Indian Constitution in its very Aims and Objectives.
In its very Aims and Objectives, AIMPLB declares+ that, “To strive for the annulment of all such laws, passed by or on the anvil in any State Legislature or Parliament, and such judgments by courts of Law which may directly or indirectly amount to interference in or run parallel to the Muslim Personal Law or, in the alternative, to see that the Muslims are exempted from the ambit of such legislations.” or “To constantly keep watch, through a committee of Ulama and legists, over the state or Central legislations and Bills; or Rules framed and circulars issued by the government and semi government bodies, to see if these, in any manner, affect the Muslim Personal Law;”
This is clear attempt to violate the Indian Constitution and its legal system by the AIMPLB people. But, no actions have been taken against the AIMPLB or to ban AIMPLB or to abolish Muslim Personal Law (Shariat) Application Act, 1937 which are posing threat to Indian Law and Judicial system with a revolt of Sharia Courts throughout India.
India must stand united against the brutalities and injustice made from Sharia and the kangaroo courts like Darul Qaza to stop the Sharia Jihad in India.
___inputs from ANI. PTI and links used above.