Madras High Court bans Sharia courts in TN

[Gibbs]

Well done,There can be no room for kangaroo courts overruling national judiciary

Madras High Court bans Sharia courts in TN

The Madras High Court on Monday directed the Tamil Nadu government to ban all unauthorised 'Sharia' courts functioning on premises of mosques in the state while hearing a petition of a man who was allegedly forced to give talaq by one such court in the city.

The court today said that religious places were meant only for religious purposes and ordered the state government to ensure that such courts do not function and file a status report by January 19 - next hearing.

The Madras High Court passed the order after hearing a plea filed by Abdur Rahman, a non-resident Indian from the UK, stating that a large number of innocent Muslims were suffering because of the functioning of 'Makkah Masjid Sharia Council' in Chennai and similar forums across Tamil Nadu that were functioning like judicial forums.

Mr Rahman, who sought a direction to stop the functioning of Makkah Masjid Sharia Council, said he had approached the Sharia council to reunite with his wife, but was forced by the council to sign a letter of Talaq. He however has now approached the family court for an appropriate remedy.

Though the Supreme Court has declared such bodies as illegal, the number of disputes entertained by such Sharia councils exceed a few hundred every year, the plea said.

Mr Rahman, in his plea, contended that such "kangaroo courts" deceptively dissolve marriages of many and even deal with property disputes and creates a sense of religious fear in the mind of Muslims for any disobedience.

The court observed that such places of worship - whether it be temple, mosque or church - when used as extra-judicial forums, certainly the authorities are duty bound to take action against them. (ndtv)

- See more at: http://www.dailymirror.lk/120977/Ma...r.it&utm_medium=facebook#sthash.UHnfK2UT.dpuf

 

[T-72]

Hope they're strict with enforcing it too.

 

[Tamilnadu]

same should be done with kappanchayats...there should be only one law for all..but i know some will try to make it communal.

 

[RPK]

 

[PlugnPlay]

same should be done with kappanchayats...there should be only one law for all..but i know some will try to make it communal.

Khap panchayat is a social order and its part of our fundamental freedom to hold one.

Courts cannot out law a khap panchayat.

The only one making it communal is YOU by dragging in Khap panchayat in a thread about Sharia courts.

Shameless Hypocrite.

 

[Gibbs]

kappanchayats

Explain ??

 

[Godman]

Good decision. There is no need for vague religious laws that can be easily abused and misinterpreted without anyway to oppose them because its the "Word of God".
Modern day laws do its best to protect the rights of everybody and have evolved for centuries through lessons learnt from various civilizations and continue to evolve to protect the innocent ,order and rights of every human compared to Sharia which forces outdated tribal laws on developed civilizations

 

[Hrk19]

Good decision. There is no need for vague religious laws that can be easily abused and misinterpreted without anyway to oppose them because its the "Word of God".
Modern day laws do its best to protect the rights of everybody and have evolved for centuries through lessons learnt from various civilizations and continue to evolve to protect the innocent ,order and rights of every human compared to Sharia which forces outdated tribal laws on developed civilizations

there is just one problem,if the divorce given is not a religious divorce,the couple is still considered as married in the eyes of islam
so,if they wanna marry other people,they gotta have an islamic divorce
and this can not be changed(i mean if you follow islam that is)

 

[third eye]

Explain ??

A Khap is a community organisation representing a clan or a group of related clans. They are found mostly in northern India, particularly among the Jat community of Western UP & Haryana although historically the term has also been used among other communities. It is an assembly of Khap elders, and a Sarv Khap is an assembly of many Khap Panchayats.

Khaps are not affiliated with the formally elected government bodies and is instead concerned with the affairs of the Khap it represents. It is not affiliated with the democratically elected local assemblies that are also termed Panchayat. A Khap Panchayat has no official government recognition or authority, but can exert significant social influence within the community it represents.

The Khaps evolved as tribal and village administrations. The Supreme Court has declared Khap Panchayats to be illegal because they often decree or encourage honour killings or other institutionalised atrocities against boys and girls of different castes and religions who wish to get married or have married.

Lately they have emerged as quasi-judicial bodies that pronounce harsh punishments based on age-old customs and traditions, often bordering on regressive measures to modern problems.

 

[hussain0216]

You cant regulate beleif

Divorce for example in islam is a simple process if the conditions of talaq are inacted then the couple are divorced regardless of what anyone else says

A sharia court or advisers can be based in a living room its upto the people to accept them or not but if they give islamically grounded advice then to any believer that will be sufficient

 

[third eye]

You cant regulate beleif

Divorce for example in islam is a simple process if the conditions of talaq are inacted then the couple are divorced regardless of what anyone else says

A sharia court or advisers can be based in a living room its upto the people to accept them or not but if they give islamically grounded advice then to any believer that will be sufficient

The bottom line is that there cannot be two systems of jurisprudence in a nation.

Those seeking sharia laws conveniently switch to the IPC where it suits them only to fall back to archaic laws when convenient.

 

[darksider]

Khap panchayat is a social order and its part of our fundamental freedom to hold one.

Courts cannot out law a khap panchayat.

The only one making it communal is YOU by dragging in Khap panchayat in a thread about Sharia courts.

Shameless Hypocrite.

Muslims have right to get sharia justice.
Sharia justice is part of social order its part of fundamental right of Muslims.
If you want remove sharia courts then remove these so called panchayat where rich rules like king.
There should be only court if want remove sharia courts.
You are showing your hypocrisy here not him.
Its your country remove what you want ban food for others i dont care.
But your hypocrisy force me to reply you.
And You guys should speedup ghar wapsi program.its a good time for it.
If you show your patriotism then ghar wapsi other you are traitor.
What you think.?
Is it not a good idea?

 

[PlugnPlay]

Muslims have right to get sharia justice.
Sharia justice is part of social order its part of fundamental right of Muslims.
If you want remove sharia courts then remove these so called panchayat where rich rules like king.
There should be only court if want remove sharia courts.
You are showing your hypocrisy here not him.
Its your country remove what you want ban food for others i dont care.
But your hypocrisy force me to reply you.
And You guys should speedup ghar wapsi program.its a good time for it.
If you show your patriotism then ghar wapsi other you are traitor.
What you think.?
Is it not a good idea?

Muslims in India are only entitled to justice within the law as defined by the constitution of India.

Not justice as defined by the quran or sharia.

Panchayats in India are democratically elected local assemblies that constitute the self governance of a village or district. They are ensured by the constitution of India.

Beyond that, i don't give a $hit about what any pakistani say or think.

 

[hussain0216]

The bottom line is that there cannot be two systems of jurisprudence in a nation.

Those seeking sharia laws conveniently switch to the IPC where it suits them only to fall back to archaic laws when convenient.

in some circumstances sure but generally especially in personal or matters of faith, life, death, marriage children and wealth the guidelines of your faith are all that matter.

the state may issue the death certificate but it will be our personal faith and sharia rules which will determine the burial and process regardless of any state legislature


if i wish to seek guidance about a specific issue related to my faith I will seek council to help me

 

[darksider]

Muslims in India are only entitled to justice within the law as defined by the constitution of India.

Not justice as defined by the quran or sharia.

Panchayats in India are democratically elected local assemblies that constitute the self governance of a village or district. They are ensured by the constitution of India.

Beyond that, i don't give a $hit about what any pakistani say or think.

You can eat your sh1t i dont fvcking care.
I already told i dont fvcking care what you do in your country with non hindus.