Wednesday, August 17, 2005

India's Supreme Court Asked To Invalidate Sharia Tribunals

In India, both the Deccan Herald and the Hindustan Times yesterday have reported on a petition filed with the Supreme Court of India challenging the Sharia courts being run by the All India Muslim Personal Law Board and the Islamic seminary Darul-Uloom. These courts operate in the states of Uttar Pradesh, Haryana, Assam, Madhya Pradesh, Rajasthan, West Bengal and Delhi. The suit seeks to restrain these organizations from establishing a parallel Muslim judicial system. It also seeks an order instructing them to refrain from interfering with the marital status of Muslim citizens and passing any judgment, remark or fatwa as well as deciding matrimonial disputes among Muslims. The petition, filed by advocate Vishwa Lochan Madan, urges the court to decide whether Article 25 of the Indian Constitution guaranteeing religious freedom includes the right to administer justice based on faith. (See prior related posting.)

UPDATE: Here from the Milli Gazette is the response of the Shariath Protection Council, arguing that the challenged tribunals are merely arbitration forums.