New Delhi : The Samastha Kerala Jamiathul Ulema on Tuesday moved the Supreme Court challenging the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 on the grounds that it invokes penal provisions against a class of people based on their religious identity.
The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 — commonly referred to as triple talaq ordinance — abolishes the practice of triple talaq and makes its punishable.
Founded in 1925, the Samastha Kerala Jamiathul Ulema ia a religious organisation of the Sunni Muslim scholars and clerics in Kerala.
Contending that the triple talaq ordinance is violative of Article 14, 15 and 21 of the Indian Constitution, the petitioner organisation has said that it has national ramification as it has introduced penal provision punishing a class of persons based on religious identity.
The Jamiathul Ulema has contended that the ordinance is “causative of grave public mischief, which, if unchecked, may lead to polarisation and disharmony in society”.
The petitioner organisation has taken exception to the word “unabated” in the ordinance, which says that despite the Supreme Court holding the practice of triple talaq (talaq-e-biddat) as unconstitutional, it is continuing “unabated”.
Describing the use of word “unabated” as “entirely whimsical”, the petitioner organisation termed it “misleading, inept and improper”.
It said that it is doubtful that anybody, including the Central government, has any idea of all-India statics on the occurrence of triple talaq across te country prior to the Supreme Court judgment.
It has contended the fact that the matter is pending before the Rajya Sabha is “reason to await the outcome of the matter, not basis to accelerate its coming into force by an emergency ordinance”.
The petitioner organisation have contended that the real thrust of the ordinance is not abolition of triple talaq but punishment of Muslim husbands.
Section 4 of the ordinance imposes a maximum sentence of three-year imprisonment when a Muslim husband pronounces triple talaq. The offence is also cognizable and non-bailable as per Section 7.
“Creation of an offence may be the prerogative of the legislature. The government is duty-bound to act reasonably and sensibly, not merely in administrative matters but also in sovereign matters,” says the petition, contending that to its knowledge, “there is no informed assessment or study that forms basis for the Central government to have created this offence”.
“Some isolated instances of the practice that have occurred after the top court judgment does not imply that a penal provision is required to be immediately enacted to prevent the practice,” the petition has contended.
Having said this, the petitioner Samastha Kerala Jamiathul Ulema has contended that the ordinance under challenge is “patently unconstitutional and has immediate propensity to deprive Muslim men and women of their fundamental rights enshrined under Articles 14, 15 and 21 of the Constitution”.
—IANS
Dear Samastha Kerala Jamiathul Ulema,
Allah has created men (humans), and made the laws (Quran ) for them. If human beings drunk in political or military power force themselves to take the place of Allah as the lawgiver there is nothing you can do by arguments in the courts of salary paid judges. Arguments don’t work in the face of tyranny. The enemies of Allah have declared war on Islam, previously it was low intensity not it is all out.Thd 300 million Muslims of India have decided to stay subservient to kufr. They have chosen indignity and dishonour for their children thus going about accepting all sorts of humiliation for the sake of survival. Arguing and spending money on lawyers etc is a futile exercise. The aggressive move of the SC is a precursor to the formation of Hindu Rashtra where a nationwide NCR will turn all Muslims as illegal immigrants and thus will be stripped of citizenship.Muslims have a choice for a dignified life for now. Come back to the holy Quran. Only Allah can bring you back to glory and dignity.
Arshad Mohsin wichars2012@gmail.com
We are emoting now. My questioning was directed o my handicaps and field problems that I ran myself into. It was transparently asking for a team effort, the group doing, co-dependency, inter-relationship, intra-cooperation, +++. Admitting my own drawback, I have authored papers in Russian and English but none in any language which adherents of Islam use. Functionally, I am efficient additionally in Hindi, Urdu, Farsi, German, French, in the same order. Arabic is missing. Why? I am an analytical chemist by professional training and education in grad school. I didn’t need Arabic. During the past 52 years of my involvement in Islamic-cum-Quranic pursuits, I must have faced innumerable difficulties. That is it. I am not quitting, Promise!
Arshad, be generous toward others. Our product would need both good raw material, smooth process, and a learning/improving environment.