Thursday, 11 July 2013

Shariah Courts in India

Muslims in India welcome Islamic legal and moral code that is sharia. Sharia courts are there in may parts of India and now Mumbai has also got its own Sharia court.
is no doubt that most Muslims around the world want to be governed by sharia law which was also revealed in a survey. Sharia law is a great law and it was practiced during the golden period of Prophet Muhammad.
Muslims should follow sharia law as it is a divine law, laws made by men are not above sharia because sharia law is mentioned in Quran and Hadith. Non-Muslims talk about freedom but they don't like Muslims practicing sharia which they are entitled to. In Europe Muslims want to follow sharia, Muslim women take pride in wearing burqa and hijab but the Europeans don't like it and they call for banning it. In India non-Muslim are against Sharia courts but Muslims should not get bothered by what others say and continue to follow great Islamic culture.

MUMBAI: The city is set to get its first Darul Qaza or Shariah court to settle civil and marital disputes in the Muslim community. The court, set up by the All India Muslim Personal Law Board, will be inaugurated on Monday at Anjuman-i-Islam, near CST, and will serve to fill a long-felt need of the community.

Shariah courts already function at many places in the country, such as Hyderabad, Patna and Malegaon. Here qazis appointed by the AIMPLB hear the community's various disputes, barring criminal cases, and deliver judgements. "This court will function to settle mainly family disputes pertaining to marriage, divorce and inheritance. Marriage disputes will be settled quickly and the couples will be told to either reconcile or separate if reconciliation is not possible. It will save the community much time and money as fighting cases in civil courts is expensive and time-consuming," said AIMPLB secretary Maulana Wali Rahmani.

For a dispute to be heard by a Shariah court, both the parties in the dispute will have to approach the court. If one of the parties has approached a civil court, then it will have to withdraw the case for the Shariah court to accept the matter.

Rahmani said Shariah courts do not compete with the civil courts. "On the contrary, Shariah courts will lower the burden of the civil courts where thousands of cases are pending and the judges are overworked," he said.

Senior advocate and head of AIMPLB's legal cell Yusuf Muchalla called the city's Shariah court a "significant alternative dispute settlement mechanism". "This court will decide within the framework of Muslim personal laws and mainly deal with matrimonial disputes. This is a kind of domestic tribunal set up by the Muslim community." He added that district and high courts in Bihar, Jharkhand, Bengal and Orissa have upheld several decisions given by the Shariah courts established by the Imarat-e-Shariah (House of Shariah) headquartered in Patna. Muchalla maintained that the Shariah courts were well within the law of the land.

1 comment :

  1. Will us Hindu women who are dating muslim men come under these courts rule as well? Just curious lol.

    (YahooMessenger chat ID: hind_laxmi)