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Monday, April 24, 2006

India Intelligence Report

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Islamic “Court” Defies SC

 

The highest religious body of Sunni sect in Orissa, the Jamait-ul-Ulama chided the Supreme Court (SC) for interfering “in religious matter” and promised to excommunicate the couple that SC granted protection to stay married. The body’s President Maulana S.S. Sajideen Quasmi said that the “Supreme Court has no power to intervene in religious matter” and advised it to “have confined itself to other litigations.” Claiming that he does not disrespect the court, he promised to write to political powers at the Federal and State to ensure that the verdict is overturned.

Meanwhile, the Milli (another prominent Muslim organization) President Rashid Shah dismissed the anger of local clerics saying that the SC verdict is “closer to Islamic principles than the local clerics’ fatwa on the issue.” 

The main issue is not the principles of India but whether India and its Constitution, which espouses secularism, will allow multiple judiciaries and one framed by religious tenets. The SC does not think so and has ordered the Government to produce a report by April 28 on the presence of Islamic “courts” in India.  

 

The Indian Constitution allows for religion-based laws for social regulations but not for property, criminal, penal, and administrative purposes. There is confusion on whether personal law, which has religious sanction, can be applied to marriages and divorces. The SC does not think so. Given the proclivity of the political class to pander to selfish interests, it will not be surprising if some parties drive the minority Government to frame laws to overturn the verdict.

 

 

 



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