Court cannot test validity of personal law: Muslim group to Supreme Court

Appearing for the organisation, senior advocate Huzefa Ahmadi sought an approval of a bench led by Chief Justice T S Thakur to hear Jamiat Ulama-i-Hind as a party to the PIL instituted suo motu by the court.

By: Express News Service | New Delhi | Published:February 6, 2016 3:24 am
supreme court, muslim group, Islamic organisation, Jamiat Ulama-i-Hind, human rights, identity rights, personal law, judicial legislation, india news, nation news Supreme Court

Islamic organisation Jamiat Ulama-i-Hind Friday resisted the Supreme Court’s attempts to deal with various issues of rights, including gender bias against Muslim women. It told the apex court that a court cannot test the validity of personal law since it amounts to “judicial legislation.”

Appearing for the organisation, senior advocate Huzefa Ahmadi sought an approval of a bench led by Chief Justice T S Thakur to hear Jamiat Ulama-i-Hind as a party to the PIL instituted suo motu by the court.

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The bench allowed Ahmadi’s request and asked it to submit its response, if any, within six weeks. The bench also sought assistance of Attorney General Mukul Rohatgi in the matter and said the Centre and National Legal Services Authority may also file counter affidavits. In its plea, Jamiat Ulama-i-Hind has contended that the apex court cannot examine the constitutional validity of the practices of marriage, divorce and maintenance in Muslim personal law on the ground that provisions of personal laws cannot be challenged by the reason of fundamental rights.

“Personal laws do not derive their validity on the ground that they have been passed or made by a legislature or other competent authority. The foundational sources of personal law are their respective scriptural texts. The Mohammedan Law is founded essentially on the Holy Koran and it cannot fall within the purview of the expression ‘laws in force’ as mentioned in Article 13 of the Constitution of India, and hence its validity cannot be tested on a challenge based on Part III of the Constitution,” it said.

If the top court, the plea said, lays down special rules for Muslim women in matters concerning marriage, divorce and maintenance, it would amount to judicial legislation, which it said is not permissible.

Last year, a two-judge bench had ordered registration of a PIL and requested the Chief Justice to set up a Special Bench to deal with issues relating to the challenge to the Muslim Women (Protection of Rights on Divorce) Act.

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  1. K
    khan
    Feb 6, 2016 at 4:15 am
    Let we understand that for Muslims religion comes first then country. I think this will ease the understanding of country law
    Reply
    1. A
      Alab
      Mar 24, 2016 at 3:28 am
      The issue is whether the law of the land is predominent or religious beliefs are. Sati was made illegal so was dowry. So many more customs which are against humanity should be repealed. Tomorrow they will demand Shariat to be made applicable. On these issues no compromise. The law should have been amended long bac
      Reply
      1. B
        Bharat
        Feb 6, 2016 at 2:50 am
        These uneducated Mullas MUST realize that they are not living in a MUSLIM country. They live in a secular country, where laws are made by elected representatives, not by allah, or any other divine authority. These laws can and should be changed to suit changing conditions. Why do these morons use cars, cell phones, loud speakers and rest of the modern conveniences, they are not appsroved by allah.
        Reply
        1. K
          Karunakaran
          Feb 6, 2016 at 4:37 am
          Even though I support a single stream of law, I don't see any harm for people having more than one stream of law. Even the English system of law (adopted by USA and all Commonwealth countries including India), there were two separate streams: statute law made by the parliament and the common law (made mostly by the Christian bishops, and essentially based on religious practice). So, multiple streams of law can co-exist. It is for the contending parties to choose one of the available streams (in the case of criminal cases, the state will decide on the stream). The Indian courts are the worst in the world when it comes to speedy resolution of court cases, often taking 20-25 years! So, if the religions offer a parallel system for some cases, the people must encourage it as it reduces the pressure on the over-burdened courts. The religious courts can't prevent someone from taking the matter to a normal court. So people should blindly follow the RSS logic here to abolish the religion based courts (I am not a Muslim. I encourage Muslims to always take the case to normal courts).
          Reply
          1. K
            Karunakaran
            Feb 6, 2016 at 4:39 am
            I meant: So people should NOT blindly follow the RSS logic to abolish the religion- based courts (I am not a Muslim. I encourage Muslims to always take the case to normal courts).
            Reply
            1. d
              dv1936
              Feb 6, 2016 at 3:33 am
              Kill a non Muslim and go to Bahisht is all that is there and courts cannot do anything about it.
              Reply
              1. M
                M.A.Hannan
                Mar 26, 2016 at 7:14 pm
                Since Muslim Personal laws are not based on Quranic verses so there is scope to amend in accordance to Quran and hadith.Triple Talaq not prevailing in any Muslim majority country like Saudi Arabia, Indonesia, ,stan, Bangladesh, Malaysia, and all gulf countries. lt;br/gt;Nikah nama is an Agreement but there is no column. Of age, identification of bride/groom and witnesses also no provision of photographs. lt;br/gt;As per Quranic verses and no clause is laid down in any Nikah nama.
                Reply
                1. H
                  hellboy
                  Feb 6, 2016 at 1:53 am
                  so it's the divine law by Allah to have four wives for man but in the other way if it done then its stoned to death for women because of adultery.Allah is too partial as a god. lol.
                  Reply
                  1. J
                    Jups
                    Feb 6, 2016 at 1:18 am
                    It is high time that India implements a reformist and sensible common civil code that gives EQUAL RIGHT TO WOMEN IN EVERY DAMMN THING.
                    Reply
                    1. C
                      chandrakanth
                      Feb 6, 2016 at 4:45 am
                      There are many facilities provided by the state / country. Reservations based on birth in a family, ration, subsidies, voting in elections, pport etc. Whenever the archaic / old laws do not confirm or contradict with the requirements by law for state provided facilities; such facilities should be denied to them. Mr. khan should not be given pport by Indian government or the state largesses as he feels he should not give primacy for the country.
                      Reply
                      1. P
                        puneet
                        Feb 6, 2016 at 4:31 am
                        its too late now,nehru his fapped this country from the beginning itself by allowing the cancer to stay after parion.
                        Reply
                        1. R
                          Ravi Ranjan
                          Feb 6, 2016 at 2:09 am
                          If courts cannot do anything with regard to Muslim personal laws which are said to be drawn from religious scriptures they should also refrain from ping orders in respect to Hindu or Christian practices.
                          Reply
                          1. S
                            Saptarshi Ray
                            Feb 6, 2016 at 3:45 am
                            I do not Iindulge into right wing politics, but polygamy must end in this country, if we really want to considered in the league of modern nations.
                            Reply
                            1. G
                              Giri
                              Feb 6, 2016 at 5:35 am
                              The truth is out now! The Mullahs do not want to follow the law of the land, but some obscure writing s by some unknown and illiterates some centuries back. If some Hindus were to say that the country should follow what Manu had decreed and forget the law, all the pseudos and media would be up in arms,but here there is deafening silence. Where is the "meddlesome and everywhere" Rahul hi now?
                              Reply
                              1. S
                                Saty Narayan
                                Feb 8, 2016 at 3:08 pm
                                Let us see what prevails! Law of land or Law of inhumanity?
                                Reply
                                1. S
                                  Sundar Narasimhan
                                  Feb 6, 2016 at 2:28 am
                                  If that is the case, then why do countries declare Shariat as a national law when Muslims are in majority? Isn't it dichotomous?
                                  Reply
                                  1. V
                                    Vishwas Patil
                                    Feb 7, 2016 at 7:57 pm
                                    God given opportunity. Muslims not believing the Consution be barred to be part of the system. No voting, no subsidies, no contesting election. India should recognize Caliphate ASAP and declare all the 'non-believers' to Caliphate citizens and deport them - all costs paid. Govt. can charge surcharge to us. We'll happily pay.
                                    Reply
                                    1. V
                                      Vishwas Patil
                                      Feb 7, 2016 at 7:59 pm
                                      Not here. Find your own country then or get macred or deported soon.
                                      Reply
                                      1. V
                                        vnksk
                                        Feb 6, 2016 at 2:01 am
                                        Tax the husband for second wife. Charge at least Rs 5 lakhs as excise duty for IInd wife and 1 Cr for the third wife. Similarly tax the parents for Third and subsequent children.
                                        Reply
                                        1. W
                                          Winning Edge
                                          Feb 6, 2016 at 4:10 am
                                          Muslim sisters should demand registration at time of marriage. They will have equal rights. M movement required
                                          Reply
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