Mullah trespass on judicial system
18th Conference of AIMPLB
By Shahid Raheem
The All India Muslim Personal Law Board (AIMPLB) has decided to re-establish the Islamic judiciary system at district and Panchayat levels in India. This was revealed by Board’s general secretary, Abdurraheem Qureishi including former Parliamentarian, Syed Shahabuddin in a press-briefing session after conclusion of a three-day AIMPLB 18th Conference on May 1, 2005 held at Taj-ul Masjid, Bhopal.
The Board has decided to enforce the newly formulated ‘model nikahnama’ upon the Muslim population of India. AIMPLB chairperson, Maulana Rabby Hasani Nadwi declared in his presidential address that Islam has underlined the status of Indian Muslims and it was essential to enforce the Islamic law in their day-to-day practical life. But, he said that the Islamic law would be taught through the Nizam-e-Qaza, the Islamic judiciary system.
Defects of the Document
Many women activists have not accepted the same as a beneficial document to solemnise a marriage with women-protection bindings. The sword of talaq on women's head swings like a pendulum as the document is silent on the bilateral rights of the conjugal contract.
Second, the right to action against husband for any violation has also not been included in the document. However, a woman has the right to divorce her husband in Shariah by the process of khulla. The woman has the Quranic right to divorce her husband on grounds of conflicts raised between them.
The declaration to set up Nizam-e-Qaza, the Islamic judiciary system in 648 districts of India is in itself an open declaration to ignore the Constitution of India. The AIMPLB has reportedly started Shariah courts in every district to deal with family and property disputes within the Muslim community. This means that AIMPLB has no faith in the laws of India.
The third point is that the document avoids quoting Quran which is to be repeated after necessary intervals of one month and the mandated power of talaq by Shariah would be dissolved automatically after practice of sexual abstinence by conjugal partners through mutual consent, not by force. However, the conjugal partners will re-marry to maintain the further relation after reciting talaq twice in two-monthly intervals. The third recitation of talaq will break the relationship finally.
The fourth defect in the model nikahnama is that it has reduced by three more years the 18-year age limit stipulated for the girl’s marriage. This point should be discussed further to examine the Prevention of Child Marriage Bill 2004 pending before Parliament.
The fifth flaw of mehar, the institutionalised custom laid down by Prophet Mohammad is also ignored as it mandates that it would be paid in gold and silver or in the form of immovable property. However, it was legitimised by the Prophet to pay a fix amount in advance to the groom or her guardian. He himself demanded first to pay the mehar in his own daughter Sayeda Fatima Zahra's marriage and Hazrat Ali was paid the amount in advance. The practical mehar system was not enforced in India. In the light of Islamic mehar as showed practically by Prophet himself, the dowry system becomes haraam and is strictly prohibited, but the AIMPLB has not included the concept in the model nikahnama.
The sixth point is that the AIMPLB has declared that the model nikahnama is not mandatory. If that was true, the question raised is that why are they trying to enforce it all over India? And why are they eager to set up Dar-ul-Qaza, the 648 Shariah courts at district levels across India?
Shias’ and Bareilvis’ Denial
It was many times noted that the AIMPLB and its followers have not agreed with the reforms in Muslim marriage laws (such as the ban on polygamy) implemented in countries like Pakistan, Iran, Morocco, Jordan, Syria, Egypt, Turkey and Bangladesh. Now many Muslim sectors have also rejected the nikahnama formulated by this Board.
According to the claims of AIMPLB authorities, the model nikahnama has been accepted by all other sectarian Muslim community, like Shia-Asna-Ashriya, Ahl-e-Hadith, and Bareilvi and all of them are ready to start the Nizam-e-Qaza, the Islamic judiciary system. But, Maulana Tauqeer Raza Khan, the chairperson of AIMPLB (Jadeed) in Bareilvi sector and Maulana Mirza Mohammad Athar, the chairperson of All India Shia Personal Law Board, have reacted by saying that they have shunned the AIMPLB because the existing Board has deviated from its religious duties. The Ahl-e-Hadith sector is reportedly busy in the process to constitute its separate Personal Law Board.
Rejection of Indian Constitution
The declaration to set up Nizam-e-Qaza, the Islamic judiciary system in 648 courts of India is in itself an open declaration to ignore the Constitution of India. The AIMPLB has reportedly started Shariah courts in every district to deal with family and property disputes raised within the Muslim community. This means that the AIMPLB has no faith in the laws constituted under the Union Government of India.
The Nizam-e-Qaza, Islamic judiciary system was first legitimised by the third Caliph of Islam, Ottoman-e-Ghani at Madeenah, Saudi Arabia during the period of his tenure a.d. 646-656. In India, it was first legitimised in a.d. 1192 by Qutub-ud-Deen Aibak, successor to Mahmood Ghaznavi. Abu Hassan Lahoree Safani was the first to be appointed as Qazi at Lahore.
The king of Slave Dynasty, Shams-ud-Deen Iltutmish, held the first Islamic court in Delhi but these were ended by the British government in 1864. Now the Emarat-e-Shariah and AIMPLB have jointly worked to establish a separate judiciary system and the related courts against the government rules. Is it right for the Indian Muslims to play their role in support of neo-extremism in relation to which Ulemas will establish a parallel judiciary system?
(The writer is a media researcher at ORF, New Delhi. He resides at 2391, Deen Dayal Bhawan, IInd Floor, Shadipur, Patel Nagar (West), New Delhi-110008.)
By Shahid Raheem
The All India Muslim Personal Law Board (AIMPLB) has decided to re-establish the Islamic judiciary system at district and Panchayat levels in India. This was revealed by Board’s general secretary, Abdurraheem Qureishi including former Parliamentarian, Syed Shahabuddin in a press-briefing session after conclusion of a three-day AIMPLB 18th Conference on May 1, 2005 held at Taj-ul Masjid, Bhopal.
The Board has decided to enforce the newly formulated ‘model nikahnama’ upon the Muslim population of India. AIMPLB chairperson, Maulana Rabby Hasani Nadwi declared in his presidential address that Islam has underlined the status of Indian Muslims and it was essential to enforce the Islamic law in their day-to-day practical life. But, he said that the Islamic law would be taught through the Nizam-e-Qaza, the Islamic judiciary system.
Defects of the Document
Many women activists have not accepted the same as a beneficial document to solemnise a marriage with women-protection bindings. The sword of talaq on women's head swings like a pendulum as the document is silent on the bilateral rights of the conjugal contract.
Second, the right to action against husband for any violation has also not been included in the document. However, a woman has the right to divorce her husband in Shariah by the process of khulla. The woman has the Quranic right to divorce her husband on grounds of conflicts raised between them.
The declaration to set up Nizam-e-Qaza, the Islamic judiciary system in 648 districts of India is in itself an open declaration to ignore the Constitution of India. The AIMPLB has reportedly started Shariah courts in every district to deal with family and property disputes within the Muslim community. This means that AIMPLB has no faith in the laws of India.
The third point is that the document avoids quoting Quran which is to be repeated after necessary intervals of one month and the mandated power of talaq by Shariah would be dissolved automatically after practice of sexual abstinence by conjugal partners through mutual consent, not by force. However, the conjugal partners will re-marry to maintain the further relation after reciting talaq twice in two-monthly intervals. The third recitation of talaq will break the relationship finally.
The fourth defect in the model nikahnama is that it has reduced by three more years the 18-year age limit stipulated for the girl’s marriage. This point should be discussed further to examine the Prevention of Child Marriage Bill 2004 pending before Parliament.
The fifth flaw of mehar, the institutionalised custom laid down by Prophet Mohammad is also ignored as it mandates that it would be paid in gold and silver or in the form of immovable property. However, it was legitimised by the Prophet to pay a fix amount in advance to the groom or her guardian. He himself demanded first to pay the mehar in his own daughter Sayeda Fatima Zahra's marriage and Hazrat Ali was paid the amount in advance. The practical mehar system was not enforced in India. In the light of Islamic mehar as showed practically by Prophet himself, the dowry system becomes haraam and is strictly prohibited, but the AIMPLB has not included the concept in the model nikahnama.
The sixth point is that the AIMPLB has declared that the model nikahnama is not mandatory. If that was true, the question raised is that why are they trying to enforce it all over India? And why are they eager to set up Dar-ul-Qaza, the 648 Shariah courts at district levels across India?
Shias’ and Bareilvis’ Denial
It was many times noted that the AIMPLB and its followers have not agreed with the reforms in Muslim marriage laws (such as the ban on polygamy) implemented in countries like Pakistan, Iran, Morocco, Jordan, Syria, Egypt, Turkey and Bangladesh. Now many Muslim sectors have also rejected the nikahnama formulated by this Board.
According to the claims of AIMPLB authorities, the model nikahnama has been accepted by all other sectarian Muslim community, like Shia-Asna-Ashriya, Ahl-e-Hadith, and Bareilvi and all of them are ready to start the Nizam-e-Qaza, the Islamic judiciary system. But, Maulana Tauqeer Raza Khan, the chairperson of AIMPLB (Jadeed) in Bareilvi sector and Maulana Mirza Mohammad Athar, the chairperson of All India Shia Personal Law Board, have reacted by saying that they have shunned the AIMPLB because the existing Board has deviated from its religious duties. The Ahl-e-Hadith sector is reportedly busy in the process to constitute its separate Personal Law Board.
Rejection of Indian Constitution
The declaration to set up Nizam-e-Qaza, the Islamic judiciary system in 648 courts of India is in itself an open declaration to ignore the Constitution of India. The AIMPLB has reportedly started Shariah courts in every district to deal with family and property disputes raised within the Muslim community. This means that the AIMPLB has no faith in the laws constituted under the Union Government of India.
The Nizam-e-Qaza, Islamic judiciary system was first legitimised by the third Caliph of Islam, Ottoman-e-Ghani at Madeenah, Saudi Arabia during the period of his tenure a.d. 646-656. In India, it was first legitimised in a.d. 1192 by Qutub-ud-Deen Aibak, successor to Mahmood Ghaznavi. Abu Hassan Lahoree Safani was the first to be appointed as Qazi at Lahore.
The king of Slave Dynasty, Shams-ud-Deen Iltutmish, held the first Islamic court in Delhi but these were ended by the British government in 1864. Now the Emarat-e-Shariah and AIMPLB have jointly worked to establish a separate judiciary system and the related courts against the government rules. Is it right for the Indian Muslims to play their role in support of neo-extremism in relation to which Ulemas will establish a parallel judiciary system?
(The writer is a media researcher at ORF, New Delhi. He resides at 2391, Deen Dayal Bhawan, IInd Floor, Shadipur, Patel Nagar (West), New Delhi-110008.)
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