Court can't test validity of Personal Law: Muslim group to Supreme Court [Read Petition]
9 years, 1 month ago

Court can't test validity of Personal Law: Muslim group to Supreme Court [Read Petition]

Live Law  

The Supreme Court today allowed the Jamiat Ulama-i-Hind to become a party in a suo motu PIL instituted to consider gender discrimination suffered by Muslim women owing to "arbitrary divorce and second marriage of their husbands during the currency of their first marriage".The organisation contended that the court cannot test the validity of personal law. The Supreme Court today allowed the Jamiat Ulama-i-Hind to become a party in a suo motu PIL instituted to consider gender discrimination suffered by Muslim women owing to "arbitrary divorce and second marriage of their husbands during the currency of their first marriage". In its plea, Jamiat Ulama-i-Hind has contended that the apex court cannot examine the constitutional validity of the practices of marriage, divorce and maintenance in Muslim personal law on the ground that provisions of personal laws cannot be challenged by the reason of fundamental rights. The bench had said the decision to "consider" the rights of Muslim women came up during discussions with lawyers on gender discrimination at the hearing of a batch of civil appeals on the issue of a daughter's right to equal shares in ancestral property under the Hindu succession law.

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History of this topic

‘Fighting for women’s rights assured under Constitution’
5 months, 3 weeks ago

‘Fighting for women’s rights assured under Constitution’

New Indian Express  

KOCHI: The ‘Forum for Gender Equality Among Muslims', a group of Muslim activists who wanted timely reforms in Muslim Personal Law, is not in any way opposing communal beliefs but merely demanding that the rights of women are guaranteed under the Constitution, the members said at the ‘Equality Conference’ held in Kochi on Saturday. In fact, the community has adopted …

Muslim board to explore ways to overturn Supreme Court’s alimony verdict
8 months, 1 week ago

Muslim board to explore ways to overturn Supreme Court’s alimony verdict

The Hindu  

The All India Muslim Personal Law Board on July 14 asserted that the Supreme Court verdict on maintenance to Muslim women was against Islamic law and authorised its president to explore all possible measures to ensure that this decision is overturned. After a meeting of its working committee in New Delhi, the board adopted a resolution which stated that the …

Shariat Act Discriminatory Towards Muslim Women, Gives Higher Share To Men In Property Partitions: Plea In Supreme Court, Notice Issued
2 years ago

Shariat Act Discriminatory Towards Muslim Women, Gives Higher Share To Men In Property Partitions: Plea In Supreme Court, Notice Issued

Live Law  

A Special Leave Petition has been filed before the Supreme Court contending that partition of family property as per Shariat Law is discriminatory towards Muslim women inasmuch as it does not give equal share to a female compared to a male. "In spite of guarantee of the Constitution, Muslim women are subjected to discrimination," the plea filed by Bushara Ali …

Muslim women’s forum demands change in personal law
2 years ago

Muslim women’s forum demands change in personal law

The Hindu  

The Forum for Muslim Women’s Gender Justice has demanded the State and Central governments consider gender inequality and violation of constitutional rights of Muslim women in the Indian Muslim Personal Law and support the rights of Muslim women in connection with the Special Leave Petition that has already been filed in the Supreme Court in 2016. ‘Uyirppu 2023’, a State-level …

Supreme Court Issues Notice On NCW Plea Challenging Muslim Personal Law Allowing Minor Girls To Marry On Attaining Puberty
2 years, 3 months ago

Supreme Court Issues Notice On NCW Plea Challenging Muslim Personal Law Allowing Minor Girls To Marry On Attaining Puberty

Live Law  

The Supreme Court, on Friday, issued notice in a plea filed by National Commission for Women for enforcement of fundamental rights of minor Muslim women seeking uniform application of penal laws to Muslim women, who contract marriage before attaining the age of majority, irrespective of what is professed in personal laws. The petition notes that the 'minimum' age of marriage' …

Supreme Court To Hear Cases Challenging Validity Of Polygamy & Nikah Halala In Muslim Personal Law In October; Issues Notice To NHRC, NCW & NCM
2 years, 6 months ago

Supreme Court To Hear Cases Challenging Validity Of Polygamy & Nikah Halala In Muslim Personal Law In October; Issues Notice To NHRC, NCW & NCM

Live Law  

A Constitution Bench of the Supreme Court will start hearing a batch of petitions challenging the constitutional validity of the practice of polygamy and Nikah Halala allowed by Muslim personal law after the Dussehra holidays.Eight petitions challenging these practices were listed on Tuesday before a 5-judge bench comprising Justices Indira Banerjee, Hemant. A Constitution Bench of the Supreme Court will …

SC rejects PIL demanding Muslim women entry into Mosques
5 years, 8 months ago

SC rejects PIL demanding Muslim women entry into Mosques

Op India  

The apex court of the court has today dismissed a Public Interest Litigation seeking permission for Muslim women entry into mosques and placing a ban on the regressive practice of Purdah system, that ordains them to cover their face. A bench comprising of the Chief Justice of India Ranjan Gogoi and Justices Deepak Gupta and Annirudha Bose questioned the locus …

All personal laws in India are discriminatory
7 years, 7 months ago

All personal laws in India are discriminatory

Live Mint  

The Supreme Court’s decision to strike down triple talaq should be the trigger to generate a candid debate on religion-based personal laws in the country. The petition stated that Shariah subjugated Muslim women by imposing purdah, allowing polygamy and unilateral divorce and depriving divorced Muslim women of maintenance rights. Several women’s groups and human rights lawyers’ teams have prepared drafts …

All personal laws in India are discriminatory
7 years, 7 months ago

All personal laws in India are discriminatory

Live Mint  

The Supreme Court’s decision to strike down triple talaq should be the trigger to generate a candid debate on religion-based personal laws in the country. The petition stated that Sharia law subjugated Muslim women by imposing purdah, allowing polygamy and unilateral divorce and depriving divorced Muslim women of maintenance rights. Several women’s groups and human rights lawyers’ teams have prepared …

5-judge bench may hear Article 35A plea
7 years, 7 months ago

5-judge bench may hear Article 35A plea

Deccan Chronicle  

New Delhi: The Supreme Court on Monday indicated that a five-judge Constitution bench will hear petitions challenging the legality and constitutional validity of Article 35A, which confers a special status on Jammu and Kashmir. A bench of Justices Dipak Misra and A.M. Khanwilkar gave this indication to counsel for petitioner Charu Wali Khanna, a Kashmiri Pandit woman challenging the Article …

Triple talaq: Supreme Court allows Salman Khurshid to assist as amicus curiae
7 years, 10 months ago

Triple talaq: Supreme Court allows Salman Khurshid to assist as amicus curiae

The Hindu  

The Supreme Court on Wednesday asked senior advocate Salman Khurshid to assist it as amicus curiae before a Constitution Bench scheduled to hear a batch of petitions arguing that the practices of triple talaq and polygamy violate the fundamental rights of Muslim women. The court allowed Mr. Khurshid to file his written submissions before the Constitution Bench that is set …

Personal laws cannot override constitutional rights: Allahabad HC
8 years, 3 months ago

Personal laws cannot override constitutional rights: Allahabad HC

Live Mint  

New Delhi: The Allahabad high court, in a verdict, stopped short of calling the practice of triple talaq under Muslim law unconstitutional but observed that personal laws could not override constitutionally guaranteed rights of individuals. There are at least three cases clubbed together in the apex court on the plea to reform and remove gender discrimination in Muslim personal laws …

AIMPLB affidavit reignites debate on women's rights
8 years, 6 months ago

AIMPLB affidavit reignites debate on women's rights

The Hindu  

The affidavit filed by the All India Muslim Personal Law Board in the Supreme Court on Thursday, during the hearing on a petition filed against triple talaq, has reignited the debate on the status of women, their rights, and the clash between personal faith and legal redressal. Last year, the apex court had directed the registration of a suo motu …

Personal laws can’t be challenged before courts, Muslim’s board tells SC
8 years, 6 months ago

Personal laws can’t be challenged before courts, Muslim’s board tells SC

Live Mint  

New Delhi: The All India Muslims Personal Law Board told the Supreme Court on Friday that personal laws of a community cannot be challenged before courts. “Personal laws cannot be challenged as being violative of Part III of the Constitution,” AIMPLB said in its response to the apex court. The AIMPLB was responding to a clutch of petitions filed in …

SC can’t decide on triple talaq, says AIMPLB
8 years, 6 months ago

SC can’t decide on triple talaq, says AIMPLB

The Hindu  

Noting that a religion cannot be “reformed” out of its existence or identity, the All India Muslim Personal Law Board on Friday challenged the Supreme Court’s initiative to judicially examine Islamic personal laws relating to marriage and divorce, such as the triple talaq, which discriminate against Muslim women. The apex Muslim law body of the country accused the Supreme Court …

Personal laws cannot be challenged as being violative of Part III of the Constitution: Muslim Personal Law Board in SC [Read the Counter Affidavit]
8 years, 6 months ago

Personal laws cannot be challenged as being violative of Part III of the Constitution: Muslim Personal Law Board in SC [Read the Counter Affidavit]

Live Law  

Holding that Personal laws of a community cannot be re-written in the name of social reforms, All India Muslim Personal Law Board in an affidavit filed in the Supreme Court today came up with the following main grounds to defend the controversial practice of triple talaq and nikah halala. This Board submitted that the Supreme Court in Krishna Singh v. …

Woman divorced through call from abroad moves SC against triple talaq [Read Petition]
8 years, 7 months ago

Woman divorced through call from abroad moves SC against triple talaq [Read Petition]

Live Law  

The Supreme Court today issued notices to Ministries of Women and Child Development, Law and Justice, Minority Affairs and the National Commission for Women on a petition filed by a Muslim woman divorced by her husband through a phone call from Dubai, challenging validity of Muslim practices of polygamy, triple talaq and nikah halala.Acting on the petition filed by Ishrat. …

Supreme Court admits Muslim woman's plea to declare triple talaq illegal
8 years, 7 months ago

Supreme Court admits Muslim woman's plea to declare triple talaq illegal

The Hindu  

The Supreme Court on Friday took on board a petition by a West Bengal-based Muslim woman to declare the practices of ''talaq-e-bidat'', ''nikah halala'' and polygamy under the Muslim personal laws illegal and unconstitutional. Chandrachud tagged the petition filed by Ishrat Jahan, a native of Howrah, with a batch of petitions filed by several Muslim women, women's rights organisations and …

‘Subtext of debate on uniform civil code must give us pause’, says Dr Farrah Ahmed, author of recent book on Muslim Personal Law
8 years, 7 months ago

‘Subtext of debate on uniform civil code must give us pause’, says Dr Farrah Ahmed, author of recent book on Muslim Personal Law

Live Law  

Dr Farrah Ahmed is currently an Associate Professor at Melbourne Law School, University of Melbourne. Q: Your book suggests that religious autonomy under a UCC would be more restricted than it would be under personal law. The book does not argue that religious freedom would be more restricted under the UCC than it is under the personal law system. The …

Triple talaq to be tested on ‘touchstone of Constitution’, says Supreme Court
8 years, 8 months ago

Triple talaq to be tested on ‘touchstone of Constitution’, says Supreme Court

The Hindu  

As Muslim women seek the Supreme Court’s intervention to end triple talaq and polygamy, the apex court on Wednesday chose to tread cautiously. Petitions before the Supreme Court alleged that practices like triple talaq and polygamy were “illegal, unconstitutional, and violative of the rights to equality, dignity, life and freedom of religion of Muslim women under the Constitution.” The Bench, …

Muslim advocate takes triple talaq battle to Supreme Court
8 years, 9 months ago

Muslim advocate takes triple talaq battle to Supreme Court

Hindustan Times  

NEW DELHI: A Muslim woman advocate associated with the RSS has moved the Supreme Court seeking that the religion’s personal law be codified to end practices such as polygamy and triple talaq. “The practice of talaq-e-bidat without proper conciliation violates the basic right of every Muslim woman to live with dignity,” it read, adding that Muslim women have become victims …

Religious Freedom under The Personal Law System. By Farrah Ahmed, OUP, 2016, Rs.795, Pages 243
8 years, 11 months ago

Religious Freedom under The Personal Law System. By Farrah Ahmed, OUP, 2016, Rs.795, Pages 243

Live Law  

As one reads this book, it is tempting to refer to the two cases currently heard by the Supreme Court together, on the Muslim Personal Law. In Shayara Bano v Union of India, the petitioner seeks mandamus declaring the practices of Talaq-E-Bidat, Nikah-Halala, and polygamy under Muslim Personal Laws as illegal, and unconstitutional for being violative of Articles 14, 15, …

Muslim women discriminated by personal law? SC asks Centre to submit high level panel’s report
8 years, 11 months ago

Muslim women discriminated by personal law? SC asks Centre to submit high level panel’s report

Live Law  

The Supreme Court today initiated steps for detailed hearing of batch of petitions, one of them taken suo motu by it on the contentious issue and recurring complaints of gender discrimination suffered by muslim women arising out of several rules in its personal laws like triple talaq and polygamy.Significantly, a bench of Chief Justice T S Thakur and Justice U …

All India Muslim Personal Law Board intervenes in Triple Talaq case before the Supreme Court [Read Petition]
9 years ago

All India Muslim Personal Law Board intervenes in Triple Talaq case before the Supreme Court [Read Petition]

Live Law  

On 28 March, the Supreme Court bench comprising the Chief Justice of India, Justice TS Thakur and Justice UU Lalit, will hear as item 8 the case of suo motu writ petition, In Re; Muslim Women’s Quest for Equality. The suo motu writ petition has been registered by the Supreme Court for considering the rights of Muslim women in issues …

Why can't a Muslim woman have four husbands, asks Kerala HC judge
9 years ago

Why can't a Muslim woman have four husbands, asks Kerala HC judge

India TV News  

Kozhikode: A Kerala High Court judge sparked off a debate on Sunday when he put forth a booming question – ‘Why can't a Muslim woman have four husbands but a Muslim man can have four wives?' Targeting the Muslim Personal Law for discriminating against women in matters of inheritance, dowry and divorce, judge Parsha stated that the bias against women …

Why not four spouses for Muslim women too, asks Kerala HC judge
9 years ago

Why not four spouses for Muslim women too, asks Kerala HC judge

Hindustan Times  

Kerala high court judge Justice B Kamal Pasha stirred a hornet’s nest on Sunday by asking why Muslim women could not have four husbands while the men enjoyed the same privilege under the Muslim personal law. Kerala high court judge Justice B Kamal Pasha said Muslim personal laws are heavily loaded against women. Addressing a seminar organised by an NGO …

Five cases where courts have given secular laws precedence over personal codes
9 years ago

Five cases where courts have given secular laws precedence over personal codes

Live Mint  

New Delhi: The Supreme Court on Monday admitted a petition filed by a woman to declare the practice of triple talaq, nikah halala and polygamy under Muslim personal laws as illegal, unconstitutional, and violative of the rights to equality, dignity, and freedom of religion under the Constitution. Mint looks at five such cases in which the courts have given secular …

Politics over the personal: The key facts of the 'triple talaq' issue being heard by the Supreme Court
9 years ago

Politics over the personal: The key facts of the 'triple talaq' issue being heard by the Supreme Court

Firstpost  

The issue of ’triple talaq’ has been an emotive issue which has fueled much religious tension for several decades, and has been hotly debated by both Hindu and Muslim hardliners. Over the years, ’triple talaq’ — under which a husband can unilaterlly divorce his wife merely by uttering the word ’talaq’ thrice — been cited as representational of how Muslim …

Jamaat-e-Ulema can intervene in matters regarding Muslim women's rights, says Supreme Court
9 years, 1 month ago

Jamaat-e-Ulema can intervene in matters regarding Muslim women's rights, says Supreme Court

Firstpost  

The Supreme Court contended that Muslim personal law was protected by the right to freedom of religion guaranteed under constitution New Delhi: The Supreme Court on Friday permitted an intervention application by the Jamaat-e-Ulema-Hind contending that Muslim personal law was protected by the right to freedom of religion guaranteed under the Constitution and there was sufficient protection for women’s rights …

SC to examine Islamic personal law on provisions against Muslim women
9 years, 4 months ago

SC to examine Islamic personal law on provisions against Muslim women

India TV News  

New Delhi: The Supreme Court has decided to constitute a bench to examine Islamic personal law to do away with provisions biased against Muslim women. The court said the Muslim Women Act, 1986 that was passed during the Rajiv Gandhi government needed to be examined by a Constitution Bench, Hindustan Times reported. In a recent survey conducted by NGO Bharatiya …

SC orders suo motu PIL to consider suffering by Muslim women due to “arbitrary” divorce rules
9 years, 5 months ago

SC orders suo motu PIL to consider suffering by Muslim women due to “arbitrary” divorce rules

Live Law  

The Supreme Court has ordered registration of a PIL and urged Chief Justice H L Dattu to set up a Special Bench to consider gender discrimination suffered by Muslim women owing to “arbitrary divorce and second marriage of their husbands during the currency of their first marriage”.This comes 30 years after the Supreme Court urged the government to frame a …

SC orders suo motu PIL to consider suffering by Muslim women due to “arbitrary” divorce rules
9 years, 5 months ago

SC orders suo motu PIL to consider suffering by Muslim women due to “arbitrary” divorce rules

Live Law  

The Supreme Court has ordered registration of a PIL and urged Chief Justice H L Dattu to set up a Special Bench to consider gender discrimination suffered by Muslim women owing to “arbitrary divorce and second marriage of their husbands during the currency of their first marriage”.This comes 30 years after the Supreme Court urged the government to frame a …

Minority women: A court in their corner
9 years, 10 months ago

Minority women: A court in their corner

Live Mint  

Quietly and unobtrusively, the Supreme Court has over the past few years done what no government has dared to do—speak up for the rights of minority women. On 16 April—coincidentally just days before the 30th anniversary of the Shah Bano judgement—a two-judge bench ruled that Muslim women are entitled to maintenance beyond the Muslim personal law-mandated iddat period. Earlier, in …

Personal laws: A reality check
11 years, 7 months ago

Personal laws: A reality check

The Hindu  

IN July 2013, Mumbai’s first Sharia Court was set up. It is often forgotten that before the Hindu Code, Hindu law was much behind Muslim personal law in terms of rights given to women: Muslim women could hold and inherit property, their consent was required for marriage, they could act as guardians of minor children and, after the reforms of …

Putting faith in the secular courts
11 years, 9 months ago

Putting faith in the secular courts

The Hindu  

In the furore over last week’s Madras High Court judgment on live-in relationships, one aspect has been ignored — the couple involved were both Muslim, making it one more instance in which courts have restored the rights of Muslim women; though hopefully, all women in live-in relationships in Tamil Nadu will benefit from this judgment. The petition also challenges the …

Demands of justice
13 years, 11 months ago

Demands of justice

The Hindu  

It is one thing to fight the Hindutva demand for a uniform civil code, it is another for Muslim leaders to wage a war against their own people. This book describes the role of South Asian courts in the interpretation and application of Muslim family law, which greatly affects the lives of millions of Muslims of South Asia. The topics …

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