Do away with Shariat courts: Muslim lawyer to apex court


New Delhi, Sep 7 (DHNS): A Muslim woman advocate on Tuesday urged the Supreme Court to do away with Shariat courts, saying it raised a question mark on the judiciary. In an affidavit, advocate Farha Faiz sought directions from the apex court to refer the question of reforms in personal laws, being examined suo motu as “Muslim Women’s Quest for Equality”, to the five-judge Constitution bench.

“The country has its Supreme Court, high courts, district courts and family courts, along with federal shariat courts. Despite the existence of a well-developed judicial system along with federal shariat courts, these fundamentalists are not satisfied and are regulating their own shariat courts on the pattern of Dar-ul-Qazas,” she contended.

“There is no difference between the logic of AIMPLB, Bharatiya Muslim Mahila Andolan and Jamat-ud-Dawa of Hafiz Muhammad Saeed of Pakistan, who is also running shariat courts in the name of arbitration, speedy and less expensive justice,” the advocate said.

She submitted that despite several safeguards, like the Muslim Personal Law (Shariat) Application Act, 1937, the Muslim Woman (Protection of Rights on Divorce) Act, 1986 and the Dissolution of Marriage Act, 1939, a Muslim woman is still unsafe and these laws were not able to wean the community away from discriminating women and required an overhaul. She maintained that triple talaq is simply un-Islamic, and this was being defended by AIMPLB.

“The clerics and politicians spread negative things, misinterpret the teachings of the Quran and direct the Muslim community against the government and the nation. They have not faced any intolerance in the country but brainwash the community and give a negative image,” she contended.

  

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Comment on this article

  • Oliver Machado, Udupi - Sharjah

    Wed, Sep 07 2016

    The education of women folk should be made a compulsion.Women should have the freedom to educate and have a career of their choice.Rest all will fall in place.Very few are fortunate to be born in a family where a girl child is given love,freedom and dignity.Suppression and oppression are the cause of all evil and anxiety in any family.

    DisAgree Agree [2] Reply Report Abuse

  • sid, mangalore

    Wed, Sep 07 2016

    one law one country

    DisAgree [2] Agree [7] Reply Report Abuse

  • Femina, Dubai,

    Wed, Sep 07 2016

    A muslim in India has option to go either sharia or Indian courts.Then why she is crying like fish out of water.If she does n't like to follow it,let her not.But we love to follow it.I am a Islamic women,and I enjoy the benefits of sharia.May be she is doing it for money.Some external forces must be paying it for her.And what is this uniform civil code.We are not in army or military,neither we are terrorists to make us wear same.

    DisAgree [15] Agree [3] Reply Report Abuse

  • nazeer Husain, jeddah saudi Arabi

    Wed, Sep 07 2016

    Sharia is the rule of almighty as its clearely mentioned in quran which no muslim in the world can deny or ask for reform because no human being in the world is superior than our creator .But this lady advocate compared the personal law board with some organistion says that she automatically goes out of islam.No defferrance between praveen thogadia criticising islam and this lady advocate.Muslims are happy with their own quranic shariah law which guaranties peace security and prosperity.As per recently released UNITED NATIONS report the sharia ruled countries like saudi arabia and qatar are top two safest countries in the world to live where USA ranked 116 th place.Only some namesake misguided are barking to interfere in sharia law but its never be cosidered at all.

    DisAgree [22] Agree [6] Reply Report Abuse

  • SK, Mangalore

    Wed, Sep 07 2016

    Saudi and Qatar are the safest countries.... USA ranks 116th place.... What is the ranking of India....

    DisAgree [7] Agree [4] Reply Report Abuse

  • Ramesh S, MANGALORE

    Wed, Sep 07 2016

    SK, rankings are given on the basis of crimes reported..reporting of crimes based on how easy access to the police, justice system and how a country gives access to the international monitoring agencies..in western countries people can approach police courts fearlessly and they have well educated with their rights and you will get accurate data..if victim himself get canned, beaten,jailed then who will report the abuse/rape/crime!!..

    DisAgree [1] Agree [3] Reply Report Abuse

  • Ahmed, Bangalore

    Wed, Sep 07 2016

    Well Said. This lady is talking like she is challenging Almighty. A lone wolf cant hijack Islam and its Shariah.

    DisAgree [10] Agree [4] Reply Report Abuse

  • Hussain, Abudhabi

    Wed, Sep 07 2016

    “The clerics and politicians spread negative things, misinterpret the teachings of the Quran and direct the Muslim community against the government and the nation."

    I am with her....Politicians, media and so called clerics misinterpret the teachings of the Qur'an....

    DisAgree [9] Agree [11] Reply Report Abuse

  • RSRB, Kundapura / Singapore

    Wed, Sep 07 2016

    When BJP says UNIFORM CIVIL CODE, a section of sickulars say NO.. NO..

    But when Muslim woman says "Do away with Shariat courts", the same section of sickulars say EXCELLENT...

    Finally ALIYA ALLA MAGALA GANDA...
    BJP's Uniform Civil Code is being implemented through Muslim Lady Lawyer...:-)

    DisAgree [3] Agree [16] Reply Report Abuse

  • SK, Mangalore

    Wed, Sep 07 2016

    If any one follows the religion correctly, no need for this xxxx Uniform civil code ....
    BTW how many processions have you seen in Singapore, during your stay there ......

    DisAgree [6] Agree [3] Reply Report Abuse

  • Rajesh, mangalore

    Wed, Sep 07 2016

    Our Country needs uniform civil code. We have religious law Govern certain sections of people of this country. that is why India is not a secular country in its true spirit. It is pseudo secular country.

    DisAgree [9] Agree [15] Reply Report Abuse

  • Althaf Mohammed, Mangalore/KSA

    Wed, Sep 07 2016

    They say hang the rapists – but No to Sharia
    They want to ban the booze – but No to Sharia
    They want to promote culture & modesty – but No to Sharia
    They know interest on loan is bad for the poor & society – but No to Sharia
    Men can have mistresses & visit brothels (no responsibility), but should not marry more than one

    You can give thousands of alibi and bury your head in the sand but deep inside you know what truth is and what is not.

    DisAgree [22] Agree [19] Reply Report Abuse

  • Shankar, Mangalore

    Wed, Sep 07 2016

    Let us opt for UNIFORM CIVIL CODE.

    DisAgree [10] Agree [21] Reply Report Abuse

  • Vincent Rodrigues., Frazer Town,Bangalore

    Wed, Sep 07 2016

    This is a good move to review on Shariat courts if these courts function contrary to the national law.Make the law equal to all

    DisAgree [7] Agree [17] Reply Report Abuse

  • Ahmed K. C., Mangaluru

    Wed, Sep 07 2016

    According to hadeeth, “The most hated thing before Allah is divorce.
    Triple Talaq is not exactly what has been assumed by most Muslims. Triple talaq is a long process, and not uttered thrice at a time. However, I am not in favor of any Talaq / Divorce.

    DisAgree [4] Agree [21] Reply Report Abuse

  • SK, Mangalore

    Wed, Sep 07 2016

    The name sake and arrogant Muslims and Moulanas have given this chance to women, to approach the courts, by wrongly following the Talaq procedure ....

    DisAgree [5] Agree [11] Reply Report Abuse

  • Ramesh S, MANGALORE

    Wed, Sep 07 2016

    But the same arrogant men recently said to SC to back off from Talaq issues and leave it husband..also they argue that its better than killing wife..i wonder is they are doing less crime than murder by allowing husband to utter words & leave her and preventing SC from interfering!!..

    DisAgree [6] Agree [13] Reply Report Abuse

  • SK, Mangalore

    Wed, Sep 07 2016

    some handful can not count the mass ... we know which is wrong and which is right .... We pray the Almighty to show light to these people who understand the things in the wrong way .....

    DisAgree [4] Agree [7] Report Abuse

  • Ahmed, Bangalore

    Wed, Sep 07 2016

    When a wife and her family put false dowry and harassment cases then you will rush to provide Triple Talaq. Don't say you are not in favor of any divorce. Jis be jab guzarti hai tab pata chalta hai.

    If Divorce was so bad then, Allah would have not permitted to pronounce Divorce when all reconciliation fails and further ask to start a new life in finding right matching partners to each other and not to get struck in messed life by not getting separated. There is a solution for everything, we are none to judge what is right and what is wrong. In certain situation when girl and family unnecessarily threatening boy and his family then Triple Talaq is the best solution.

    Not to forget, when our PM visited UAE, during his speech you could have witnessed playcards carried by many young guys who are falsely implicated with dowry and other cases and can't visit their native place even after 6-7 years. They were asking Modi to reconsider with the present Dowry law.

    For a country like India where law, police and judiciary are solely in favor of Girls, where justice for men is rare in marital cases, then Triple Talaq is the best option.

    Girls cannot blackmail their husband and dance to their own tune by threatening with current Dowry law.

    DisAgree [3] Agree [4] Reply Report Abuse

  • PEDDU, MANGALURU

    Wed, Sep 07 2016

    THE QUESTION IS DO WE NEED SHARIAT !

    WHY CONFUSIONS !

    DisAgree [4] Agree [14] Reply Report Abuse

  • Sachidanand Shetty, Dubai/Mundkur

    Wed, Sep 07 2016

    This is a very good move….. Some dominant People tend to follow their own personal law completely ignoring the Rule of the Land….whether it is Muslim Personal Law or Khap Panchayat Rule….everybody should come under the same umbrella of rule of the nation

    DisAgree [8] Agree [19] Reply Report Abuse

  • Roshan Braganza, Mumbai

    Wed, Sep 07 2016

    AIMPLB scholars should be aware of such female chauvinists whose utter motive is to disturb the social harmony and depreciate social / religious values . Sharia is every muslins right guaranteed under constitution article 25 and majority Muslim women submit to the will of it . When it comes marriage , Islam personal laws are on of the best which gives equal conjugal rights to both men and women

    Media mistakes this as regressive , its because it never allows unsolicited extra ' freedom ' to any women in a relationship which can result in a mess , as far the survey goes Muslims have very less divorce cases statistically compared to any other religion . The reasons are simple ,
    1. Unlike other communities and pseudo gender equality rantings , in Islam men are in charge which ensures better control in society / family
    2. As under sharia girls can marry puberty , it gives nobility to marriage as sacrament and less chances boyfriend/ girl friend culture with pre marital sex
    3. Polygamy gives respect and dignified approach to a woman as someone's wife , rather than concubine . So instead of having hidden affairs , men can four legal wives if necessary with conditions . And its not easy on men too , as they have work hard to meet up the financial conditions. 

    DisAgree [21] Agree [18] Reply Report Abuse

  • John R Lobo, Kaikamba / Dubai

    Wed, Sep 07 2016

    Roshan,

    Even after having 4 wives, some beast full filling their lust by raping the minor girls. If Sharia is adopted according to Iranian or Saudi Arabia's interpretation then rape will come down considerably.

    DisAgree [3] Agree [16] Reply Report Abuse

  • David Pais, Mangalore

    Wed, Sep 07 2016

    @John R Lobo, Kaikamba / Dubai, roshan braganza is a male chauvinist. shariah rules against females.

    DisAgree [6] Agree [12] Reply Report Abuse

  • Shankar, Mangalore

    Wed, Sep 07 2016

    Roshan Braganza,
    I do not know what to say about your comment.
    It is just the most absurd, stupid comment i have read on Daiji website.

    DisAgree [7] Agree [25] Reply Report Abuse

  • Ramesh S, MANGALORE

    Wed, Sep 07 2016

    ..you are arguing like Clerics who recently said to SC that triple talaq is better than killing wife!! and leave the talaq issue to husband!!.Do they committing less crime than murder by uttering in phone,watsup and leaving wife & kids!!..even pakistan banned triple talaq, but here Govt passes buck to SC, SC passes to central Govt..check why school education is lowest and polio is not still eradicated in countries like Afghanistan/Pakistan and you will get the answer..its pity that whole year India will debate whether women to be allowed inner section of the temple or not (even if it doesnt make any difference) but its taboo to talk on above issues which is having immense effect on women..

    DisAgree [3] Agree [12] Reply Report Abuse

  • David Pais, Mangalore

    Wed, Sep 07 2016

    @Roshan Braganza, Mumbai,in iran missyar (temporary) marriages are practiced.

    DisAgree Agree [7] Reply Report Abuse

  • Clifford, Mangalore

    Wed, Sep 07 2016

    Make law equal to everyone...

    DisAgree [4] Agree [21] Reply Report Abuse


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Title: Do away with Shariat courts: Muslim lawyer to apex court



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