Hearing Fresh Plea on SHARIA Courts : SC - Aware India

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Thursday, October 25, 2018

Hearing Fresh Plea on SHARIA Courts : SC

Is SHARIA Courts illegal & Unconstitutional?

The Supreme court hearing fresh plea to challenging setting up of SHARIA Courts across the INDIA

Now the Supreme Court of India Considering a fresh plea challenging Muslim women to seeking and declare illegal and unconstitutional Sharia court to decide Marriage, Divorce, Family matter and other cases.

The plea comes before comprising bench of Three Judges to intervene as a party in a batch of pleas by Zikra to challenging the practice of POLYGAMY and NIKAH HALALA among Muslims.
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Just before the year The supreme court of India banned the TRIPLE TALAQ among Sunni Muslims. The Polygamy allows to Muslim Man to have Four wives. And Under Nikah Halal a man cannot remarry his former wives till marry to another man, that consummates the marriage, divorce and period of separation which called IDDET .

Zikra has demanded that triple talaq is declared "cruelty" under Section 498A and 'nikah halala, nikah mutah and nikah-misyar' rape under Section 375 of the Indian Penal Code. She narrated her experience of facing "triple talaq, nikah halala and other laws and practices. furthermore said that “Declare that establishing a Sharia court to decide cases related to marriage, divorce, adoption, inheritance, succession and/or other similar matters is illegal and unconstitutional”

Zikra said that Muslim Personal Law, like all other personal laws, is subject to the rigors of the fundamental rights guaranteed under the Constitution of India and "any part of it contravening the fundamental rights would, to that extent, is void and ineffective".

Even laws must "yield to the basic right of women to live with dignity, under equal protection of laws, without any discrimination on the basis of gender or religion".

The Centre clear on to oppose in the Supreme Court the practice of 'NIKAH HALALA' when the top court would examine its legal validity in the coming days.

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