SC can't question Muslim personal law: Jamiat-Ulama-e-Hind

February 6, 2016

New Delhi, Feb 6: Jamiat-Ulama-i-Hind, the powerful body of Muslim clerics, has said that Muslim personal law flows from the Holy Quran and cannot be subjected to any scrutiny by the Supreme Court based on principles of the Constitution.

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"Mohammedan law is founded essentially on the Holy Quran and this cannot fall within the purview of the expression 'laws in force' as mentioned in Article 13 of the Constitution, and hence its validity cannot be tested on a challenge based on Part-III of the Constitution (guaranteeing fundamental rights, including right to equality)," the JUH application filed through advocate Ejaz Maqbool said.

The assertion by the body marks a fierce challenge to the intent to extend the principle to gender equality to Muslim women and can open a fresh phase in the debate on whether personal laws based on religion can trump the Constitution. The debate will require the BJP-led government to spell out its stand on the fraught issue.

Last year, while entertaining a petition, a two-judge bench of Justices A R Dave and Adarsh Goel had directed registration of a separate PIL to consider the rights of Muslim women as there was no safeguard against arbitrary divorce (triple talaq) and second marriage by Muslim men during subsistence of their first marriage. The court had issued notice to the attorney general and National Legal Services Authority (Nalsa).

On Friday, a bench of Chief Justice T S Thakur and Justices A K Sikri and R Banumathi took up the petition titled 'Muslim Women's Quest for Equality' and agreed to make JUH a party to the proceedings and sought responses from the JUH, the AG and Nalsa on the questions posed by the SC in six weeks. All India Muslim Personal Law Board is also expected to request the SC to make it a party in the case.

The JUH also referred to Article 44, which figures as a provision in the Constitution, providing that the state shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.

But the JUH said, "Article 44 envisaging UCC is only a directive principle and is not enforceable. This article by implication recognizes the existence of different codes applicable to different religions in matters of personal law and permits their continuance until the state succeeds in its endeavour to secure for all citizens a UCC."

It said the Muslim Women (Protection of Rights on Divorce) Act, 1986, a legislation brought by the Rajiv Gandhi government to step around the SC directed equality in maintenance for Muslim women in Shah Bano case, provided for the rights of Muslim women in matters of divorce and maintenance.

Comments

IBRAHIM.HUSSAIN
 - 
Sunday, 7 Feb 2016

Is supreme court is law making body?

It cannot poke his nose in making law for any religious or minority groups of India.

Better to stay away from admitting the petition or allow JUH as party in the petition.

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News Network
April 23,2024

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Hubballi, Apr 23: Karnataka Chief Minister Siddaramaiah on Tuesday spoke to father of slain student Neha Hiremath over phone and said "sorry" over his daughter's killing, and assured that "we will be on your side".

The Chief Minister also informed Niranjan Hiremath, who is also a Congress councillor of Hubballi-Dharwad Municipal Corporation, about the government's decision to hand over the murder case to the Criminal Investigation Department (CID) and setting up a special court to fast-track trial.

"Niranjan... very sorry. We will be on your side," Siddaramaiah told Hiremath over the phone call during state's Law and Parliamentary Affairs Minister H K Patil's visit to Hiremath's house here.

In the conversation on Patil's phone with speakers on, Siddaramaiah can be heard informing Hiremath about the CID probe and setting up a special court.

"It is a serious offence... setting up a special court will ensure punishment for the accused person."

Hiremath thanked Siddaramaiah on behalf of his family well-wishers and the community for handing over the case to CID and setting up a special court "...ensure there is an order at the earliest and provide us justice," he said, as he also thanked Patil, Home Minister G Parameshwara, local Congress MLA Prasad Abbayya and others for their support.

Replying to this, Siddaramaiah said, "We will ensure it, at the earliest."

In a shocking incident, Neha Hiremath (23), was stabbed to death on the campus of BVB College last Thursday. The accused Fayaz Khondunaik, who fled from the scene, was arrested by the police subsequently.

Neha was a first year Master of Computer Application (MCA) student and Fayaz was earlier her classmate.

Siddaramaih on Monday had announced his government has decided to hand over the investigation into the incident to the Crime Investigation Department, and to set up a special court for speedy disposal of the case.

The case of brutal murder, which sparked widespread outrage, has snowballed into a political slugfest between ruling Congress and opposition BJP.

While the ruling party has tried to project it as an incident with personal angle, the saffron party has called it a "love jihad" case and has said it's a testimony of deterioration of law and order in the state.

Earlier, Siddarmaiah's statement that the murder was due to "personal reasons" and Home Minister G Parameshwara's comments that the duo was in love, has elicited sharp reactions from Hiremath and family members and opposition parties.

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News Network
April 12,2024

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Udupi, Apr 12: A family’s visit to a resort to enjoy Eid-ul-Fitr holidays turned tragic as a 10-year-old boy drowned in the swimming pool at Hengavalli in Kundapur taluk of Udupi district on Thursday. 

The deceased has been identified as Mohammed Azeez, a Class 4 student at Darussalam English Medium School in Hoode.

Azeez was, who had gone to the resort along with his parents, was playing in the pool when he lost balance and drowned. Even though he was rescued, he was in a critical condition and later breathed his last. 

The family members have accused the negligence of the resort management as the reason for Azeez's death. They said that the incident occurred due to the absence of safety equipment like life jackets and the lack of lifeguards near the swimming pool.

A case has been registered at Shankaranarayana police station and investigations are underway. 

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News Network
April 11,2024

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Udupi: A middle aged couple lost their lives while their teenage son survived with critical wounds after a speeding car, which was travelling from Maharashtra to Kerala, fell off a flyover in Kundapur taluk of Udupi district. 

The deceased have been identified as Munnavar (49), who was driving the car, and his wife Sameera (41), a native of Kannur in Kerala. Their son Suhail (18), who was in the car, suffered severe injured and is recovering at Manipal Hospital. He is said to be out of danger.

The family was traveling from Kollapur to Kannur as Sameera was a native of Kannur. Their plan was to celebrate Eid-ul-Fitr in Sameera’s parental home.  

However, on Tuesday (April 9) morning, when the car reached near Bobbaryanakatte, it reportedly went out of control of the driver and fell off the flyover on to the service road.

All three were immediately rushed to the hospital in Kundapur. Sameera died immediately upon admission to the hospital, while Munnavar succumbed to injuries at Manipal Hospital on April 10. The mortal remains of both were handed over to relatives after the post-mortem.

Kundapur DySp Belliyappa, Circle Inspector Nada Kunar, Traffic SIs Naveen Naik, and Savitri Nayak visited the accident spot for the inspection.

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