Sharia courts are judiciary systems that pass judgements according to the Islamic laws.
There already exist 40 Sharia courts in different districts of UP. The All India Muslim Personal Law Board (AIMPLB) aims at setting up Sharia courts nationwide.
However, under what authority is the AIMPLB going to do so? As it goes, the AIMPLB is just a private society formed in 1972, that has no rights to pass “orders”.
Though Hamid Ansari backs AIMPLB and says that Law allows all communities to have their own set of rules, the centre rejects this move of AIMPLB on account of the constitutional stretch.
Here’s the video to provide a clear insight into the Sharia courts controversy
The AIMPLB provides the explanation that the Sharia courts are not exactly “courts”, but are really only counselling systems that would resolve disputes among the two parties. The disputes would mainly relate to marriage, divorce, inheritance etc.
The resolvers of the disputes would not be judges, but counsellors or qazis. Counselling organisations do not have the right to pass “orders” or “laws” of their own.
However, this explanation cannot really be relied fully upon. If the Sharia courts are only into counselling, then why is it to be called “courts”?
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