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Vishwa Lochan Madan v. Union of India

Vishwa Lochan Madan v. Union of India

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Published by: barandbench on Jul 07, 2014
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08/30/2014

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REPORTABLEIN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 386 OF 2005 VISHWA LOCHAN MADAN..... PETITIONER  VERSUSUNION OF INDIA ORS. .... RESPONDENTSJ U D G M E N TC!"#$%"&"' *%. P%"+"$ 
All India Muslim Personal Law Board comprises of Ulemas. Ulema is a body of Muslim scholars recognised as expert in Islamic sacred law and theology. It is the assertion of the petitioner that All India Muslim Personal Law Board (hereinafter referred to as the Board!" stri#es for the establishment of parallel $udicial system in India as in its opinion it is extremely
 
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difficult for Muslim women to get $ustice in the pre#alent $udicial system. %urther& under the pressure of expensi#e and protracted litigation it has become #ery difficult for the downtrodden and wea'er section of the society to get $ustice. herefore& to a#ail the laws of )hariat& according to the Board& establishment of Islamic $udicial system has become necessary. According to the petitioner& the Board& Imarra*e*)haria of different )tates and Imarra*e*)haria& Phulwari )hariff ha#e established +ar*ul*,a-as& spread all o#er the country. amps are being organised to train ,a-is and /aib ,a-is to administer $ustice according to )hariat. +ar*ul*,a-a and /i-am*e*,a-a are interchangeable terms. It is the allegation of the petitioner that +ar*ul*,a-as& spread all o#er the country are functioning as parallel $udicial system aimed to administer $ustice to Muslims li#ing in this country according to )hariat i.e. Islamic anonical Law based on the teachings of the ,uoran and the traditions of the
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Prophet. 0hat perhaps prompted the petitioner to file this writ petition is the galore of obnoxious %atwas including a %atwa gi#en by +ar*ul*Uloom of +eoband in relation to Imrana!s incident. Imrana& a 12 years old Muslim woman& mother of fi#e children was allegedly raped by her father*in*law. he 3uestion arose about her marital status and those of her children born in the wedloc' with rapist!s son. he %atwa of +ar*ul*Uloom in this connection reads as follows45If one raped his son!s wife and it is pro#ed through witnesses& or the rapist himself confesses it& 6aram Musaharat will be pro#ed. It means that the wife of the son will become unlawful fore#er to him i.e. the son. he woman with whom father has copulated legally or had sexual intercourse illegally in both ways& the son can!t 'eep physical relationship with her. he 6oly ,uran says45Marry not the woman whom your father copulated7he %atwa has dissol#ed the marriage and passed a decree for perpetual in$unction
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