Shariat application act says that judiciary has no right to amend personal laws : Jamiat puts in SC
May 17, 2017
New Delhi: On fifth day of ensuing debate over Triple talaq, advocates representing Jamiat Ulama-i-Hind including V. Giri, Shakil Ahmad Sayed, Niaz Ahmad Farooqui, Mujibuddin Khan, Uzmi and Mohammad Perwez submitted a written representation about their stand on triple before the Constitution Bench of the Apex Court.
While putting forward their stand on the issue, Jamiat lawyers categorically stated that Triple talaq has been mentioned in the holy Quran and Hadiths and the same has been interpreted and implemented in the Muslim society by the authentic Islamic scholars with due care.
Jamiat advocates emphatically argued before the bench that judiciary did not have right to make amendment in the personal law. JUH said, “According to the Shariat Application Act 1937 Section 2, if both parties are Muslims, then any marital dispute between them have to be sorted out or decided according to the Muslim Personal law. It has been categorically stated that matter shall be decided as per Shariat, but no specific details about any law has been mentioned.”
It further said, “Under such circumstances, the court has no authority to make any changes in the personal law. Yes if there is any specific law, the court can intervene. For an instance, there is an specific law about wakf property with specific clause.”
The advocates opposing the Talaq practice had mentioned that there is no mention of Triple Talaq in holy quran, but it has been mentioned in the prophet’s tradition.
Jamiat lawyers contended that it is sufficient if it has been mentioned in the prophet’s tradition, because both the holy Quran and prophet’s tradition are authentic sources of Islamic jurisprudence.
Jamiat differed with Muslim Personal law Board and contended on record that triple talaq has been explicitly mentioned in the holy Quran. Verse no. 230 of chapter Baqra of the holy Quran has been cited as a reference to triple talaq. However there exists difference among the interpreters of the holy Quran on this issue. But judiciary has been deciding the case as per interpretation of a particular interpreter. Thus jamiat thinks it as its onerous responsibility to argue before the Constitution Bench that triple talaq has been mentioned in the holy Quran. It would be erroneous to contend that triple talaq has not been mentioned in the holy Quran.
Gen. Sec. of Jamiat Maulana Mahmood Madani, while expressing his satisfaction over Jamiat stand in the Apex Court said that Jamiat had complete faith in the Supreme Court. He also expressed optimism that the Supreme Court would not interfere in the personal law under any external pressure. Maulana Madani conceded that certain unislamic rituals and practices concerning marriage and divorce have crept in the Muslim society that was against the Islamic shariat.