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发帖数: 4936 | 1 孟买将建立第一个伊斯兰教法民事及婚姻法庭
Mumbai gets its first Shariah court to settle civil, marital disputes
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. |
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