Madras High Court bans ‘Sharia courts’ in Tamil Nadu

The decision came on a PIL filed by Abdul Rahman, a 29-year-old sales engineer employed in the Gulf.

Written by Arun Janardhanan | Chennai | Published:December 20, 2016 4:59 am
sharia courts ban, Sharia law, Madras high court, sharia courts in tamil nadu, Madras high court, sharia courts Triple talaq, All India Muslim Personal Law Board, Chennai, Tamil Nadu, Makka Masjid Shariat Council, India news The Madras High Court.

The Madras High Court on Monday banned unauthorised ‘Sharia’ courts functioning on premises of mosques in Tamil Nadu while hearing a petition from a husband who was allegedly forced to pronounce talaq by one such court in the city.

The decision came on a PIL filed by Abdul Rahman, a 29-year-old sales engineer employed in the Gulf, in which he claimed that he was victimised by a ‘Sharia court’ and was forced to divorce her wife. The first bench of Chief Justice Sanjay Kishan Kaul and Justice M Sundar ordered the ban of all such unauthorised courts in the state and asked for a status report from the police within four weeks.

Following Rahman’s petition, a report filed by the Chennai city police denied reports on the existence of such a court. The police report, however, confirmed that some dispute redressals were happening at the Makka Masjid Shariat Council on Mount Road in Chennai.

Banning ‘Sharia courts’ across the state, the HC said that religious places and other places of worships are meant only for religious purposes. The court asked the state government to ensure that such unauthorised courts do not function.

The petition said that the ‘Sharia court’ which functioned on the premises of Makka Masjid Shariat Council was dealing with matrimonial disputes, summoning parties and passing divorce orders like a regular court. Rahman’s petition demanded court intervention “to safeguard the interests of a large number of innocent Muslims” whose fate is decided by such illegal Sharia courts and councils in the state.

A Sirajudddin, senior lawyer who appeared for Rahman, said: “He (Rahman) approached the ‘Sharia Court’ after he faced some family issues. His demand was to reunite his wife with him. But he was forced to sign a consent letter for talaq and they pronounced talaq on his behalf citing this letter to separate them forever. He moved the petition in the High Court after the police also failed to act on his complaint.”

The petition said many Muslims had to follow these courts as they claimed to be following ‘Sharia’ law, which is something that is said to be religiously binding for all believers.

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  1. A
    Anubhav Bansal
    Dec 20, 2016 at 2:55 am
    Biased headline only the unorganised ones have been banned
    Reply
    1. R
      Raj
      Dec 20, 2016 at 3:33 am
      All such extra judicial courts must be banned!
      Reply
      1. B
        bashir Ahmed
        Dec 20, 2016 at 10:36 am
        It is very good news Sharia Court is banned by Madras High Court in the state . But it is very astonishing that Maharashtra Government has registered Sharia Court in the name of " Mohakame Sharia Darul Qaza Rehmania regd F 47695 under BPT Act 1950. It is commercial shop for dissolution of marriage forcibly. Maharashtra Government is responsible for such illegal issuance of licence to this trust. Appeals to Chief Minister Of Maharashtra to Ban this Sharia Court and proceed legal action against the trustees of the said trust and state government officials who supported illegal registration of the trust. Bashir Ulde
        Reply
        1. C
          Chandramani Sahay
          Dec 20, 2016 at 5:41 am
          Why every thing has to be attached by a political party? Can people think in neutral way?
          Reply
          1. G
            gopal
            Dec 20, 2016 at 3:31 am
            Smart guy..he did the right thing. but the spineless TN police will not even dare to go to near mosques let alone enter to check if this practice is continuing let alone put a full stop to the same
            Reply
            1. G
              Gudla Deepak
              Dec 20, 2016 at 6:49 am
              In my opinion, religion that becomes cancer for others in the world must be eradicated as soon as possible. Humans created religion to maintain and manage peace that was possible only to instill a system were everyone fears god and his great power. Now the same religions of the world has become the source of violence and bloodshed. it has to be eradicated otherwise, it will eradicate all of us.
              Reply
              1. G
                Gudla Deepak
                Dec 20, 2016 at 6:44 am
                This particular Islamic religion is a cancer much in the same manner like Hinduism some three centuries ago when sati system and child marriage was in full force and at that time Britishers have deemed Hinduism as a plague or cancer for its own believers.
                Reply
                1. J
                  Joseph Anandaraj.M
                  Dec 20, 2016 at 1:11 am
                  What about visual media court shows being telecast? Is such TV shows legal?
                  Reply
                  1. K
                    kalmesh
                    Dec 20, 2016 at 5:32 am
                    India is good playground for all these activities should be curbed.
                    Reply
                    1. K
                      kalmesh
                      Dec 20, 2016 at 5:34 am
                      India is more fertile for vote bank policy. Modi is best solution.
                      Reply
                      1. K
                        kalmesh
                        Dec 20, 2016 at 5:31 am
                        Modi factor will play good ... i hope.. henceforth
                        Reply
                        1. K
                          Krishna
                          Dec 20, 2016 at 12:05 am
                          Very good decision
                          Reply
                          1. S
                            Sankaran Krishnan
                            Dec 20, 2016 at 3:11 am
                            It is good to ban such Sharia courts that functions from the Religious place of worship and when there is rule of law why some one should go over to these type of courts is the query ???
                            Reply
                            1. M
                              Murthy
                              Dec 20, 2016 at 5:56 am
                              Within the last 30 years, extremist Islam has taken root in Tamil Nadu. Jamaat Taufeeth and a few other coercive-musclemen organisations are fully operational. They often take the law into their own hands. Innocent Muslims will be their first victims. BJP-RSS workers will be their second victims. I leave it to your imagination as to their third victims.
                              Reply
                              1. G
                                Gulam E
                                Dec 20, 2016 at 1:42 am
                                Sharia never make a man to divorce his wife when he wanted to live with her. The situation in which decision to diverse is taken should be enquired first .
                                Reply
                                1. S
                                  Sashi Pillai
                                  Dec 20, 2016 at 3:33 am
                                  Some of these Muslims like their religion do not like a civilized democratic system they want to live like their hero Mohammed in the sixth century so be it .
                                  Reply
                                  1. I
                                    Indian First
                                    Dec 20, 2016 at 2:33 am
                                    Dude its not only about the divorce, it's about a personal law board which is not acceptable under the consution of India. There is law and there are courts here which are common for everyone, so no religion based personal courts got it? Thats the law of this land, personal courts may be else where not here.
                                    Reply
                                    1. V
                                      Varik
                                      Dec 20, 2016 at 5:40 am
                                      Biased thinking - Only Indian judicial system -High court and Supreme court's decisions bounds on all citizens.There cannot be organized or unorganized courts in Democratic India. Decisions by your "organized court" in "mosque' are illegal not taken for hearing by any legal peioner or a judge from High court and hence not valid.If you do not like or accept the desiccation,leave the place and go where such decisions are accepted.
                                      Reply
                                      1. C
                                        Citizen
                                        Dec 20, 2016 at 3:30 am
                                        Good judgement Hope it would pave the way to common civil law and also ban of other courts in the nation Jaihind
                                        Reply
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