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'Judiciary in India seemingly working beyond its constitutional limits'

Says Maulana Wali Rahmani, urges Muslims to gear up for campaign against controversial judgments

Sunday, February 21, 2010 07:19:20 PM, Staff Reporter

Maulana Wali Rahmani addressing the select gathering of Ulema, advocates, dignitaries and graduates on February 21 morning in Malegaon


Background of the Meeting

    Besides the comments made by the judges over beard and voting rights for burqa-clad Muslim women terming them Talibanisation of the Indian society and attitude of the courts towards the Muslim youths who are in jail on charges of treason and terrorism, it was the judgments by the High Courts and Supreme Court relating to the divorce of Muslim women that led Idara Sautul Islam, Qaumi Majlis-e-Shoora and Advocates' Forum to invite General Secretary of All India Muslim Personal Law Board (AIMPLB) Maulana Sayyad Mohammad Wali Rahmani for today's meeting.

    Advocate Nehal Ansari of Advocates' Forum says, Bombay High Court in 1999 in case of Dilshad Bano ruled that she is entitled for maintenance even after the Iddat period is over. Somewhat similar judgments were pronounced by Aurangabad and Nagpur HC and in 2008 by Supreme Court.

    "Then in some cases", he says, "Courts ruled that, it is duty of the husband to prove he had fulfilled some conditions before divorcing the wife."

    "These things are nothing but clear interference in the Muslim personal law as devised by the constitution", he says.

    "Hence, we approached the President of All India Muslim Personal Board (AIMPLB) president who after consulting the matter with AIMPLB Advocate, Zafaryab Jeelani and others handed the matter to Maulana Sayyad Wali Mohammad Rahmani.

Malegaon: “Some judgments pronounced by various courts recently has given rise to the feelings that the judiciary in India is working beyond its constitutional limits”, observed Maulana Sayyad Wali Mohammad Rahmani while referring to the judgments relating to the divorce of Muslim women, remarks by the judges terming beard and burqa-clad Muslim women as Talibanisation of the Indian society and attitude of the courts towards the Muslim youths who are in jail on charges of treason and terrorism. At the same time, he urged the gathering to gear up of for a long legal battle and public campaign against these verdicts.


“However”, he hastened to add, “It doesn’t mean we don’t respect the courts and do not have faith in these institutions. We do. But, because of such judgments and remarks, we fear that people would be forced to think of exactly the opposite.”


Maulana Rahmani – General Secretary of All India Muslim Personal Law Board (AIMPLB), Founder of Rahmani-30, Chairman of Madrasa Modernisation Committee and the force behind the campaign for Muslim empowerment by increasing the number of Muslims in Civil Services was speaking in front of a select gathering of Ulema, advocates, dignitaries and graduates today on February 21 in Malegaon.


The program jointly organised by Idara Sautul Islam, Malegaon Advocate’s Forum and Qaumi Majlis-e-Shura was aimed at considering the ways to go for an appeal against the judgments pronounced by various courts including the Supreme Court, especially those entitling a divorced woman of receiving maintenance from her ex-husband beyond the period of Iddat – the duration prescribed by the Islamic Shariah and the court verdicts that binds the husband to prove he fulfils certain condition before divorcing the wife.


Giving a strong call of prolonged public campaign and legal battle against these judgments, Maulana Rahmani, who is also a former Deputy Speaker of Bihar Assembly and former MLC said, “The judgments are not mere interference in the Muslim personal law. They are against the Indian constitution and demonstrate clear ignorance on the part of the judges about the rights given in the constitution to the Muslims for religious practice as it has given to the people from other religion and faiths", he said, adding, "When it comes to the religion, it becomes matter of one's belief and the belief can neither be defined by the judiciary nor by the parliament."


Dignitaries and Ulema all ears as Maulana Wali Rahmani addresses the select gathering of Ulema, advocates, dignitaries and graduates on February 21 morning in Malegaon



“Using our constitutional rights, we will fight against these judgments in court and if required also on the streets”, he stressed.


Coming down heavily on those who term the rights given to the Muslims as appeasements, the Maulana said, “If the constitution has given us certain rights, it is not an appeasement as the communal forces keep on telling. Nor are they any special treatment towards the Muslim community. They are for the national integrity and unity of the country and are exactly in line with what the constitution has given to others."


The Maulana also criticized the attitude of the Judiciary towards the Muslim youths who are in jail on charges of blasts.


"On one hand, the court is treating the Muslim accused as if they are criminals since their birth. But in case of 'others' it is so lenient that people are rolling red carpets for them even in the court premises", he wondered.


The Maulana was also critical of the Muslim Advocates, who, as he said, ‘in return of favor in the form of cash’ indulge in misinterpretation of the Shariah Laws and thus in opening the doors to misguide the courts.


“The judges are no God. They are like any other human beings and are not free from mistakes. It is the responsibility of everyone of us especially our advocates to review all such judgments, consult with the Ulema and then file proper reply in the courts”, he advised.


Earlier, Maualan Umrain of Idara Sautul Islam and Advocate Nehal Ansari of Advocates’ Forum explained in detail the purpose of inviting Maulana Rahmani to Malegaon.


“When the judgments that looked clear interference in the Muslim Personal Law began coming in surprising regularity, we contacted President Muslim Personal Board who in turn gave the responsibility to Maulana Sayyad Wali Mohammad Rahmani to look into these judgments with utmost priority", he said.


Maulana Sayyad Wali Mohammad Rahmani will be in Malegaon for two days. Besides, addressing various meetings in this North Maharashtra town dominated by Muslims, Maulana Rahmani would lay the foundation stone of a new building of an Urdu medium school tomorrow on February 22.






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