Muslim personal law can’t be subjected to scrutiny by Supreme Court:Jamiat-Ulama-i-Hind

Mangalore Today News Network

New Delhi, Feb 06, 2016: Powerful body of Muslim cleric, Jamiat-Ulama-i-Hind on Friday opposed the Supreme Court decision to take up the matter relating to marriage and divorce rights of Muslim women.

 

Raising objections over Supreme Court hearing a plea on Muslim women rights, Jamiat-Ulama-i-Hind claimed that Muslim personal law flows from the Holy Quran and therefore, it cannot be subjected to any scrutiny by the apex court.

In its plea seeking to be made party to the case, Jamiat told the Supreme Court that it was beyond the court’s power to examine the constitutional validity of practices of marriage, divorce and maintenance in Muslim personal law on the grounds that such laws cannot be challenged citing citizen’s fundamental rights.

The group also said that the previous judgements of the apex court have already provided adequate protection to Muslim women in marriage as well as divorce issues.

The Supreme Court had recently noted, "It was pointed out that inspite of guarantee of the Constitution, Muslim women are subjected to discrimination. There is no safeguard against arbitrary divorce and second marriage by her husband during currency of the first marriage, resulting in denial of dignity and security to her."

Last year, a two-judge bench had ordered registration of a separate PIL and requested the Chief Justice to set up a Special Bench to deal with issues relating to the challenge to the Muslim Women (Protection of Rights on Divorce) Act.