Mumbai gets its first Shariah court

[FischerTal]

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. 'Shariah courts don't compete with civil courts' 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. AIMPLB secretary Maulana Wali 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 courts established by the Imarat-e-Shariah (House of Shariah) headquartered in Patna. Muchalla said that Shariah courts were within the law of the land. Source:Times of India Jai ho Congress. :wall:

[Swing_n_Speed]

Send Mhr123! This is his calling!

[KeyboardWarrior]

:omg::omg::omg:

[ganeshran]

We need a common civil law

[FischerTal]

We need a common civil law

:agree:

[Raghav_12]

I won't be critical of this. If any kind of mediation can help people settle matter without going to the court should be welcome. It would help in reduction of load on already overloaded judiciary. In any case jusdgements of this court will not be binding on parties. If either of the parties feels aggrieved by the judgement of this court, they always an option of going to proper judicial process of Indian government. I don't see this as more than a mediation cell and from that perspective it should be welcome.

[ravishingravi]

We need a common civil law

+ 100000000000000000000000000000000000000000000000000

[Tiger80]

I won't be critical of this. If any kind of mediation can help people settle matter without going to the court should be welcome. It would help in reduction of load on already overloaded judiciary. In any case jusdgements of this court will not be binding on parties. If either of the parties feels aggrieved by the judgement of this court, they always an option of going to proper judicial process of Indian government. I don't see this as more than a mediation cell and from that perspective it should be welcome.

The biggest victims of these kind of courts will be women.Judgements may go against them in case of divorce , alimony and inheritance.And if any woman will dare to go to civil court then people may decide to boycott her.

[Raghav_12]

The biggest victims of these kind of courts will be women.Judgements may go against them in case of divorce ' date=' alimony and inheritance.And if any woman will dare to go to civil court then people may decide to boycott her.[/quote'] Actually, I had glossed over that aspect. Coercing parties in accepting their rulings where these kinda courts may go wrong. But in principle I would welcome such initiatives.

[Yoda-esque]

We need a common civil law

Too late

[ganeshran]

^ The problem is that these courts derive their authority from religion - an inherently backward and patriarchal institution. A judge in a civil court has to justify his rulings based on modern law, not some obscure verses from religious text which is 1000s of years old and has no relevance in modern society.

[gult]

How the **** is this legal?

[jiggo]

Are these courts for muslims only? can Hindus/Christains/Jains etc take disputes to sharia courts? Especially if verdicts are quick. Can guilty rapists have their winkies chopped off on the spot?

[ganeshran]

Are these courts for muslims only? can Hindus/Christains/Jains etc take disputes to sharia courts? Especially if verdicts are quick. Can guilty rapists have their winkies chopped off on the spot?

It is for civil disputes, not criminal.

[Crookbond]

^ The problem is that these courts derive their authority from religion - an inherently backward and patriarchal institution. A judge in a civil court has to justify his rulings based on modern law, not some obscure verses from religious text which is 1000s of years old and has no relevance in modern society.

THIS

[FischerTal]

^ The problem is that these courts derive their authority from religion - an inherently backward and patriarchal institution. A judge in a civil court has to justify his rulings based on modern law, not some obscure verses from religious text which is 1000s of years old and has no relevance in modern society.

not all of India is modern in the sense you may think it is.

[tk__]

^ The problem is that these courts derive their authority from religion - an inherently backward and patriarchal institution. A judge in a civil court has to justify his rulings based on modern law, not some obscure verses from religious text which is 1000s of years old and has no relevance in modern society.

Yup, and Khaps should also be stamped out while we are at it.

[mhr123]

Send Mhr123! This is his calling!

oh bhaiyaa .. i never called for it.. and why are u guys jumping the guns. Its just a civil and marital court which would look into Marriages , Divorce , property division etc For e.g. marriage contract done in local Shariah Court which is valid in all Middle-east ... but then this contract is invalid for other countries even though they are recognized by Govt. If people can accept Panchayat system and why should there be an issue with this one.

[DomainK]

Guys, these are dispute resolution courts. Nothing will be in contradiction with the law of the land. Calm down.

[Raghav_12]

Guys' date=' these are dispute resolution courts. Nothing will be in contradiction with the law of the land. Calm down.[/quote'] Yes. Will provide more mediation kind of services, which is always good than burdening judiciary with cases.