Personal is personal- property or law!   How can public authority interfere with something that is entirely personal. So is personal law of a community. Muslim personal law is derived from Holy books and not legislation. Then how can any court change the personal law.  Even in matters concerning social justice and women empowerment, courts have no jurisdiction. A court decides only that which is legislated. Muslim personal law is not legislated but derived from scriptures. Then who can change the law? should the community itself not consider changes to conform to modern times. 

https://in.news.yahoo.com/court-cannot-test-validity-personal-032400490.html

 


G. K. Ajmani Tax consultant
http://gkajmani-mystraythoughts.blogspot.com/

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  • Re: Personal law not subject to court validation

    by » 6 years ago


    Jincy Aby
    Expert Boarder
    5 376 4.17k

    The court took this action for the empowerment of Muslim women. At the same-time, each religion has the right to live in accordance with their religious rules. The Mohammedan Law in the Holy Quran imposes some restrictions to Muslim women to live in this society. If majority of Muslim women are ready to follow the instructions of Mohammedan Law, there is meaning for Supreme Court's action. If they want freedom from this laws, the SC must continue the actions for the sake of Muslim ladies who are lying under restrictive life. 


  • Re: Personal law not subject to court validation

    by » 6 years ago


    vijay
    Diamond Mate
    31 4.98k 28.3k

    If personal laws are so sacrosant then why Constitution guarantees equal rights. It should then revise and say each persons rights will be as per his/her personal law as interpreted by Mullas, Pundits, Priests, and so on. It is very good that Muslim women are coming forward and challenging the divorce practice of triple talaq. In couple of TV debates none of the religious scholars could point out one line in Koran supporting this practice. So let us not blindly accept misinterpretations which have shaped personal laws of various religions. In time of conflicts the Constitution should prevail. Legislate the change if required.


  • Re: Personal law not subject to court validation

    by » 6 years ago


    anil
    MAESTRO MATE
    220 6.73k 39.2k
    Jincy Aby wrote:

    The court took this action for the empowerment of Muslim women. At the same-time, each religion has the right to live in accordance with their religious rules. The Mohammedan Law in the Holy Quran imposes some restrictions to Muslim women to live in this society. If majority of Muslim women are ready to follow the instructions of Mohammedan Law, there is meaning for Supreme Court's action. If they want freedom from this laws, the SC must continue the actions for the sake of Muslim ladies who are lying under restrictive life. 

    Most of Muslim women want some freedom, but how SC change Holy Quran.

     


  • Re: Personal law not subject to court validation

    by » 6 years ago


    Babu saroj
    Platinum Mate
    33 1.23k 9.47k

    well the personal disputes or personal problems should be settle within there houses. the personal things should not come out at any way because if it comes out then it will create a huge problem in relationship.


    bhuyali saroj


  • Re: Personal law not subject to court validation

    by » 6 years ago


    vijay
    Diamond Mate
    31 4.98k 28.3k

    Many Muslim countries have laws which are not following Koranic dictates. If there is a will there is a way.


  • Re: Personal law not subject to court validation

    by » 6 years ago


    Gulshan Kumar Ajmani
    Editor & Super Moderator
    3.48k 21.9k 176.9k
    vijay wrote:

    Many Muslim countries have laws which are not following Koranic dictates. If there is a will there is a way.

    Reforms may be necessary in personal law of Muslims as well as Hindus. The Hindu law has been suitably reformed from time to time. The Muslim community itself has to take initiative for reforms that may be needed for fairness, equity and justice. There may be many liberal and unorthodox individuals in Muslim community. It is for them to take lead. 

     


    G. K. Ajmani Tax consultant
    http://gkajmani-mystraythoughts.blogspot.com/


  • Re: Personal law not subject to court validation

    by » 6 years ago


    vijay
    Diamond Mate
    31 4.98k 28.3k

    If they are manipulated not to take lead can they be allowed to suffer. After all why is there a Constitution which is equally applicable to all. It is for community to  take lead argument  is no longer valid as the vested interests will not permit. They have succeeded for seventy years and will continue. Majority community also has a responsibility.


  • Re: Personal law not subject to court validation

    by » 6 years ago


    anil
    MAESTRO MATE
    220 6.73k 39.2k
    vijay wrote:

    Many Muslim countries have laws which are not following Koranic dictates. If there is a will there is a way.

    it is easy for Muslim countries to change their law but not for India. If Muslim community of India agree for some change Muslim leader will oppose it and raise slogan Islam Khatrey Main Hai.

     


  • Re: Personal law not subject to court validation

    by » 6 years ago


    usha manohar
    Basileus
    704 19.5k 126.1k

    Nothing is written on stone afteral religion is man made and laws were written based on the times they were written and to hold on to that and continue with the same old laws makes life difficult for everyone around them. This is precisely why we need a uniform civil code and uniform laws regardless f religion - accept it or lump it ! Will the political parties think on those lines ?


    Pay no mind to those who talk behind your back, it simply means that you are two steps ahead !!!


    Thank you said by: Kalyani Nandurkar

  • Re: Personal law not subject to court validation

    by » 6 years ago


    Kalyani Nandurkar
    Editor & Super Moderator
    258 14.6k 108.2k
    usha manohar wrote:

    Nothing is written on stone afteral religion is man made and laws were written based on the times they were written and to hold on to that and continue with the same old laws makes life difficult for everyone around them. This is precisely why we need a uniform civil code and uniform laws regardless f religion - accept it or lump it ! Will the political parties think on those lines ?

    I think the people who make and govern these laws consider themselves to be the most superior beings, perhaps second only to God and they cherish the power that they feel rests in their hands. So the problem would be if this power was taken away, they would be reduced to being common people who would not then be able to exercise their superiority over others. It is probably this reason why they refuse to accept the uniform civil law. And most political parties refuse to play the hardball against thsi simply for vote bank politics.


    "I am free of all prejudice. I hate everyone equally."
    - W. C. Fields :)


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