Mumbai gets its first Shariah court to settle civil, marital disputes

[Solomon2]

Monetary penalties probable but challengeable in higher "secular" courts. Jail time, no.

What happens when the mullah-judge proclaims that the woman is guilty of adultery and the only acceptable penalty is that she be killed?

 

[priti]

Separate ID for indian Muslims

indian muslims take one way ticket to pakistan. 2014 pak population 350 million. no change in paksitan land area.

 

[perplexed]

Separate ID for indian Muslims

good it would be easier for people like modi next time

ontopic though : So this shariah court can rule over civilian litigations only ? Do both the litigants have to agree to go to shariah court or only one's consent is needed !
What about higher courts ?

 

[Bang Galore]

can you just elaborate on your statement, because it seems more like rant, a usul one liner is not excepted

muslims in india are backward beccause of the muslim laws?

They are. Laws that govern Hindus ( called Hindu law but largely secular) have been changed completely in the last 60 years to bring them up to date. Muslim laws are archaic, worse than even Muslim majority countries & reform is almost non-existent because mainstream politicians don't want to touch this issue with a barge pole. Had Hindu law been left to Hindu religious leaders, we would have still been in the dark ages. Muslim women end up bearing the brunt of being subjected to antiquated religious laws while the rest of the population continues to make strides.

dont you think that muslims are not in the main stream of india, and the hindus of india are trying to sideline them, dont you think that the majority which constitues india has the duty to uplift any minority community india has by incentives and all that

Many reasons, Hindus sidelining them is not a real issue.( Point out examples if you will) It is important to offer incentives as you rightly say to bring them up but a separation from the rest of the country based on following silly religious/cultural laws does not necessarily foster integration & support.

or is it more about the traditions of indian society intolerance for minorities with different sets of cultures and beliefs? they are not so easily 'acceptable', sideline them, and dont make ways for their progress easy

The proof of the pudding is in the eating. The other minorities generally are at a higher economic/social level than the majority. Granted Muslims have different issues and there are complicated reasons behind their backwardness but your analogy is clearly flawed.

thats what i think of shudras too by the way

"Shudras" are not discriminated now, as a matter of fact they constitute the majority. They have both influence as well as being the holders of most land. They also benefit by being included in the OBC list, entitling them to reservation & the like. You are probably confusing "Dalits" with Shudras. Even Dalits have the most sustained backing of the governments for their upliftment and are now a key political block in some areas.

we all know how the 'chinese looking minority' of northern eastern states are sidelined as compared to mainstream india, the asian indians are even attacked racially

The only people who have attacked North Easterners in the recent past are Muslims, the people of the NE are hardly discriminated (regardless of any racial comments) and the proof of that could be seen in any major city that they have migrated to. Education has helped them and they are far more integrated into the national mainstream than ever before.

What happens when the mullah-judge proclaims that the woman is guilty of adultery and the only acceptable penalty is that she be killed?

The "judge" gets booted to the nearest jail..............

Do both the litigants have to agree to go to shariah court or only one's consent is needed !
What about higher courts ?

Consent of both parties is mandatory. Higher court optional will always remain.

 

[anonymus]

@Bang Galore

Since you sound like a lawyer could you clarify what is position of sharia court or any other personal law court vis-a-vis district court. I was reading a book related to judiciary and came across an statement that Divorce proceedings could only be staarted in District court. How will this reconcile with Sharia courts. Also what is difference between a munsif court and small settlement court?

 

[darkinsky]

@Bang Galore all what you have done is purely creating statements, you have not tried to even back up yur created statements with proven facts

well NE chinese looking indians are targetted in india, and no not by muslims, the muslim thing was just because of mayanmar crises, but the NE racial thing goes way back, you cant just be so ignorant

recent years there have been many reports of discrimination against northeastern Indians, who are different in appearance to Indians from the rest of India. In 2007 the North East Support Center & Helpline was started, with the goal of increasing awareness of prejudice and attacks against people from North-East India. According to a study conducted by the NESC&H, 86% of north-easterners have been victims of discrimination in the national capital.[1]
Many north-easterners are called "chinky" by people in New Delhi, in reference to the appearance of their eyes. Madhu Chandra, a spokesman for the NESC&H, says that abuse and harassment of north-easterners is very common. "It's sad that students from northeast India who go to study in various parts of India have to undergo racial prejudice.

Northeast students question 'racism' in India, June 2009

no word of islam and muslim mentioned

 

[acetophenol]

Why this stupidity?

 

[Bang Galore]

@Bang Galore

Since you sound like a lawyer could you clarify what is position of sharia court or any other personal law court vis-a-vis district court. I was reading a book related to judiciary and came across an statement that Divorce proceedings could only be staarted in District court. How will this reconcile with Sharia courts. Also what is difference between a munsif court and small settlement court?

Not one.

The sharia court is probably(?) a bit like the panchayat. If both parties submit to the decision, fine. If not, all other legal options remain. It does not replace the civil courts. What you are reading is applicable to contested divorce cases, not ones mutually agreed to. The Sharia court will probably(?) act as an intermediary & to reconcile any claims as a "neutral" party. Parties not interested in submitting to a Sharia court don't have to & can go directly to civil courts.

 

[Shinigami]

Shariah courts? if india starts turning into a pakistan like this, as a christian, i am not going to feel very safe and may have to emigrate

@Bang Galore all what you have done is purely creating statements, you have not tried to even back up yur created statements with proven facts

well NE chinese looking muslims are targetted in india, and no not by muslims, the muslim thing was just because of mayanmar crises, but the NE racial thing goes way back, you cant just be so ignorant



Northeast students question 'racism' in India, June 2009

no word of islam and muslim mentioned

 

[Bang Galore]

@Bang Galore all what you have done is purely creating statements, you have not tried to even back up yur created statements with proven facts

Argue your case & I will respond. What do you want as "back up"?

well NE chinese looking muslims are targetted in india, and no not by muslims, the muslim thing was just because of mayanmar crises, but the NE racial thing goes way back, you cant just be so ignorant

no word of islam and muslim mentioned

I said "in recent past" I did point out that while there might be racial comment & probably some stereotyping, it is fast becoming a thing of the past. I'm talking about an overall social perception, not that of every single individual. Lots of people were discriminated in some manner in the past, the world has however not remained still. That is not to suggest that no discrimination exists, i'm sure it does but the narrative has been changing & will continue to change.

 

[jaunty]

Muslim laws are archaic

Not possible, they are from God.

 

[AHAM BRIHMASMI]

can you just elaborate on your statement, because it seems more like rant, a usul one liner is not excepted

muslims in india are backward beccause of the muslim laws?

dont you think that muslims are not in the main stream of india, and the hindus of india are trying to sideline them, dont you think that the majority which constitues india has the duty to uplift any minority community india has by incentives and all that

even if you compare china to india, india is very backward country with very less development, and too many issues(even with hindus), do you think you can play the blame game so easily? or is it more about the traditions of indian society intolerance for minorities with different sets of cultures and beliefs? they are not so easily 'acceptable', sideline them, and dont make ways for their progress easy

thats what i think of shudras too by the way

we all know how the 'chinese looking minority' of northern eastern states are sidelined as compared to mainstream india, the asian indians are even attacked racially

dear friend, no polytheistic society can be intolerant to minority, it is not in its basic nature . the muslims are backward only because of their 7th century thinking and trying to emulate most backward form of social system. many muslims who have left behind their backward mentality, are much much progressed, may of my muslim friends are in higher posts and some are big businessmen, and all mentally very very progressive, the same thing goes for hindus or any other community. the biggest enemy of indian muslims are those who created pakistan and left them here for facing the hatred of hindus because of partition. many ignorant chaddhi rss fallow ask even today that if muslims have taken their land exclusively for muslims in 1947, then why they are still here ? you know the proverb / CH@@@YO KI KAMI NAHI GALIB... all have not gone to pakistan, some are left in india also.

 

[notsuperstitious]

Funny thing is some Pakistani keep questioning India's secularism on rape, terrorism, riots, inequality, crime, toilets threads etc. But on a thread where it can be legitimately questioned - i.e. failure to keep religion away from laws - they are praising it.

This tells us how profoundly enlightened pakistanis are about secularism. @Bang Galore

Off topic - but interestingly some ''secular'' parties of pakistan are being bombed left right and center by taliban while the ''religious'' parties are being given a free run for the ''kaffir'' concept of democracy. Its alarming how practical the ''blade'' always is and how blind and ignorant the sheep.

 

[Spring Onion]

Congrats to Muslims in Mumbai.

such courts have been there already.

its just that now they have formally inagurated it .

and its a good step as these will lessen the burden of trials on courts .

Minor issues and specially marital issues are supposed to be brought to a Muslim family court .

Shariah courts? if india starts turning into a pakistan like this, as a christian, i am not going to feel very safe and may have to emigrate

do immigrate. because these courts are NOT meant for you but for the Muslims.

Its better to have speedy trials instead of dying while visiting common courts for decades

 

[imran_ind]

This is a very good move where Muslim community can solve their family disputes easily. Everybody knows well the conditions of our judiciary system in India, the work load in the courts and the lies of the lawyers to drag the cases as long as possible to make money. Now the Muslim community will enjoy from this so called Sharia law, here they don't have to pay any counseling fees to any advocate, only their case will be registered and according to the Islamic law the judgement will be declared. This law will not and never be a hurdle to our existing judicial system, and people of India should accept this system. To solve family cases the people suffer in our civil courts for years, but here in Sharia courts the decision will be taken very fast and absolutely cost free.