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Petition against Shariat courts to be contested

Staff Reporter

BANGALORE: The All-India Muslim Personal Law Board on Wednesday decided to challenge a writ petition filed in the Supreme Court against Shariat courts, maintaining that these were only alternate dispute resolution mechanisms that had ensured speedy resolution of hundreds of cases related to succession, inheritance and other family matters according to the Shariat law.

The petitioner, Vishwa Lochan Madhan, had contended that the Shariat courts, called `Darool Khazas,' were parallel courts that existed outside the purview of the Constitution. He had urged the court to direct the Board to dissolve all such courts.

Contesting this claim, the Board's assistant general secretary, Abdul Rahim Qureishi, said the Board would file a detailed reply before the first hearing on March 27. The `Darool Khazas,' he said, were formed to decide cases according to the Muslim Shariat law. "In Bhatkal, for instance, this system has been in operation for over 300 years and has given its verdict in over 18,000 cases," he said.

Fatwa not coercion

On the petitioner's contention that fatwas hampered the administration of justice, Mr. Qureishi said the fatwas were only opinions given by a mufti and not enforceable.

"There is no force or coercion in a fatwa. A fatwa is an exposition given by a mufti on a particular issue. There is nothing against the Constitution in a fatwa," he explained. On the contentious triple talaq issue, Mr. Qureishi stressed on the Board's attempts to reduce the frequency of talaq in the Muslim community.

"Talaq is the last resort when a man and woman feel they cannot pull on. Before resorting to talaq, the couples should approach their elders and learned scholars. After pronouncing one talaq, they should give time for reconciliation," he said, adding the Board would soon launch a campaign on the issue as part of its larger social reformation drive. To a query on the practice of pronouncing talaq on the Internet and telephone, Mr. Qureishi said the Board had not "considered" it.

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