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Interference in personal law unacceptable: AIMPLB chief

As empowered citizens of this country, we should do whatever is practical to tackle the situation.

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Maulana Rabey Hasani Nadvi

Hyderabad, Feb 10 : AIMPLB President Maulana Rabey Hasani Nadvi on Saturday made it clear that no interference in Muslim Personal Law will be accepted as the community enjoys the Constitutional right to follow and practice Islamic Shariat.

Adressing the plenary of the All India Muslim Personal Law Board (AIMPLB), which is discussing among other issues a bill currently pending in Parliament to ban instant triple talaq, he told board members from across the country that the government is trying to impose restrictions on Muslims in the matter of talaq.

The apex body of the Indian Muslims is strongly opposing the bill by citing several flaws. It also alleged that the government’s real intention is to ban the system of talaq.

The three-day plenary, concluding on Sunday, will evolve a strategy to get the flaws removed.

Stating that the Islamic religious laws are divine guidelines, Maulana Nadvi said they can neither be repealed nor changed. “Amending them or suggesting amendments to them is unacceptable. As India’s Constitution is secular, we have the right to practice our religion and not to accept any interference,” he said.

The eminent religious scholar said in personal matters like ‘nikah’ and ‘talaq’, Muslims have the right to follow the Islamic Shariat. “We will not give up our right under pressure from any majority or minority,” he said.

“In a multi-religious country, it’s not good that the majority community stops a particular community from following their religious guidelines. This could create uneasiness among citizens and may prove detrimental to the country,” he added.

Maulana Nadvi said that Islam is a complete way of life and Muslims can neither change the Shariat at their will nor can allow others to do it.

He said ‘nikah’ is a mutual agreement between husband and wife and it has religious sanction. If the husband and wife, after exhausting all means of conciliation, feel they can’t live together they have the right to terminate the agreement and the process prescribed for terminating this agreement can’t be changed.

He stressed the need for unity in the community to counter attempts to bring changes. “As empowered citizens of this country, we should do whatever is practical to tackle the situation,” he said.

He noted that for 46 years the board kept all schools of thought united as despite differences they feel protection of Shariat is their combined duty.

The President also touched on the campaign being run by the board for community reforms, to explain the Shariat laws in matters like nikah, talaq and inheritance and to call for their strict adherence.

He noted that objections to Shariat was mostly from those who don’t know it and hence the board is also working to explain the Islamic family laws and clear the misunderstandings.

On Babri Masjid, he said for centuries it stood as place of worship for Muslims and changing its status and demolition through “majoritarian force” and the “will” of those in power was an open act of terrorism. Since Muslims and their representative Personal Law Board could not have remained silent over this lawlessness, it is carrying on a legal battle.

India

HC notice on woman’s plea seeking fresh passport for son stranded abroad for 8 yrs

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Delhi High Court

The Delhi High Court has sought the Centre”s reply on a woman”s plea seeking directions to the government to provide a passport to her son, who is stuck abroad for the last eight years as he does not have a valid travel document.

Justice Navin Chawla issued notice to the Ministry of External Affairs (MEA) seeking its stand on the plea which claims that her son”s passport was damaged when he was in Italy and had applied for a duplicate one in 2012 which has not been issued to him.

He moved to Paris for work as without a valid passport he was finding it tough to get work in Italy, her plea has said.

The Indian consulate in Italy had refused to issue him a passport as a dowry case was pending him here, she has said in her plea.

The woman has said that she, her husband and her son were falsely implicated in a dowry case by her then daughter-in-law in 2009.

Her husband passed away during the pendency of the case and her son was declared a proclaimed offender as he could not come back to India due to lack of a valid passport, the petition has claimed.

She was acquitted in the case in 2016 and meanwhile, her ex-daughter-in-law obtained a divorce in 2011 and got married again, the plea said.

It has also claimed that the divorce was granted by way of an ex-parte order as her son could not come to India to defend himself.

The high court has listed the matter for further hearing on December 7. PTI HMP SKV SA

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Sensing MP bypolls’ defeat, BJP indulging in horse-trading: Cong

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congress

A day after one of its MLAs in Madhya Pradesh resigned from the Assembly to join the BJP, the Congress on Monday cried foul and alleged that the BJP was “indulging in horse-trading” after sensing its impending defeat in the November 3 bypolls.

“The BJP knows that they are going to lose the bypolls; so again, doing the same thing to remain in power in Madhya Pradesh. Congress chief Sonia Gandhi has already said that they are making the democracy hallow and this is the latest example,” Congress spokesperson Gourav Vallabh told a press conference here.

Congress MLA Rahul Lodhi from Damoh on Sunday resigned from the Assembly and joined the BJP in the presence of Chief Minister Shivraj Singh Chouhan in Bhopal.

Earlier this year, 22 Congress MLAs had resigned from the Assembly and joined the BJP under the leadership of Jyotiraditya Scindia, which led to the collapse of the then Kamal Nath-led Congress government.

Three more Congress MLAs later resigned from the Assembly. Now, the latest blow to the Congress has come with the resignation of Rahul Lodhi.

The 28 Assembly segments in Madhya Pradesh will see by-elections on November 3.

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SC stays HC order to parties to go virtual for MP bypolls

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Supreme Court

The Supreme Court on Monday stayed a Madhya Pradesh High Court order to political parties to campaign virtually for the November 3 Assembly bypolls in the state, but pulled up the parties for creating a situation that compelled the HC to act.

The top court stayed the High Court order, but noted that the situation would not have arisen if health protocols were followed in the backdrop of COVID-19 pandemic.

Staying the High Court order, the bench also asked the Election Commission of India to take an appropriate decision in connection with political rallies as per the law in the backdrop of COVID-19 guidelines.

The bench noted that the High Court would not have interfered if the political parties had done their job better. “Take charge, ensure you discharge your duties in a manner that are in the best interest of everyone,” noted the bench.

The top court’s order came during the hearing on pleas by the Election Commission and Madhya Pradesh Energy Minister Pradyuman Singh Tomar against the High Court order of October 20.

The bench asked Senior Advocate Mukul Rohatgi, appearing for Tomar, to make a representation to the Election Commission for the loss of time in electioneering due to the High Court order.

The poll panel, represented by Senior advocate Rakesh Dwivedi, assailed the High Court order and citing Article 329 of the Constitution said that the conduct and management of elections was overseen by it and there was an express bar on judicial interference in the middle of the electoral process.

Tomar, a BJP candidate for Gwalior Assembly seat bypoll in Madhya Pradesh, pleaded that the High Court committed an error as it overlooked that the Election Commission under Article 324 had issued COVID-19 guidelines in September-end to permit physical public gatherings albeit with restrictions.

The bypolls to 28 Assembly seats in the state are slated for November 3. The plea said that as per the guidelines and the state government SOPs, political gatherings of over 100 people with safety measures could be allowed.

Source: IANS

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