The Hindu : National : Plea against Muslim Personal Law Board setting up parallel system

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Wednesday, Aug 17, 2005

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Plea against Muslim Personal Law Board setting up parallel system

Legal Correspondent

Notice issued to Centre, Board on petition citing Imrana rape case

NEW DELHI: The Supreme Court on Tuesday issued notice to the Centre, the All-India Muslim Personal Law Board and others on a petition seeking to refrain the Board from establishing a parallel Muslim judicial system (Nizam-e-Qaza) in the wake of a fatwa issued by the seminary Darul-Uloom against a Muslim woman allegedly raped by her father-in-law.

A Bench of Justice Y.K. Sabharwal and Justice A.K. Mathur also issued notice to the States of Uttar Pradesh, Haryana, Assam, Madhya Pradesh, Rajasthan, Delhi, and West Bengal. Notice was also sent to the Darul-Uloom at Deoband in Muzaffarnagar district of Uttar Pradesh, and Muslim for Secular Democracy, Mumbai.

Advocate, Vishwa Lochan Madan, in his public interest petition, submitted that a Muslim woman, Imrana, was allegedly raped by her father-in-law and the village panchayat passed a fatwa asking her to treat him as her husband.

The Darul-Uloom also declared that Imrana became ineligible to live with her husband. This was endorsed by the Board.

Mr. Madan contended that matters relating to Imrana's status of marriage and dissolution of marriage were squarely covered by Sec. 2 of the Muslim Personal Law (Shariat) Application Act, 1937. A parallel judicial system (Nizam-e-Qaza) was sought to be introduced by setting up Dar-ul-Qaza (courts) at various places, and these had actually started functioning as courts of justice.

Gullible and illiterate Muslims were being forced to obey and submit to the same, using the name of Allah and the Holy Quran, he stated.

The petitioner submitted that the various activities being indulged in by the AIMPLB and other Muslim bodies, amounted to an open, blatant and flagrant affront on the sovereign concept of the Constitution and deserved to be curbed and trampled, once and for all.

He sought that the activities of the Board and similar organisations for establishment of Nizam-e-Qaza and setting up of Dar-ul-Qazas and Shariat Court be declared absolutely illegal and unconstitutional.

It was also demanded that the fatwas of various authorities be made unenforceable, and the Centre and the States concerned be directed to take steps to disband the Dar-ul-Qazas forthwith.

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