Supreme Court Can’t Intervene in Muslim Personal Law: Jamiat-Ulama-i-Hind


Jamiat-Ulama-i-Hind,a powerful Islamic cleric body has expressed its strong opposition in the Supreme Court intervention in  matters relating to marriage and divorce rights of Muslim women in India. The body claimed that the Muslim personal law flows from the Holy Quran and therefore, it cannot be subjected to any scrutiny by the apex court.

The Supreme Court had recently noted, “It was pointed out that in spite of guarantee of the Constitution, Muslim women are subjected to discrimination. There is no safeguard against arbitrary divorce and second marriage by her husband during currency of the first marriage, resulting in denial of dignity and security to her.”

However, the Jamiat while asking the court to make it a party to the plea, said it was beyond the court’s power to examine the constitutional validity of practices of marriage, divorce and maintenance in Muslim personal law on the grounds that such laws cannot be challenged citing citizen’s fundamental rights.

The body pointed out that the earlier judgments of the apex court have already provided adequate protection to Muslim women in marriage as well as divorce issues.

Last year, a two-judge bench had ordered registration of a separate PIL and requested the Chief Justice to set up a Special Bench to deal with issues relating to the challenge to the Muslim Women (Protection of Rights on Divorce) Act.