Madras
High Court issues notice for PIL against Muslim clerics
A Public Interest Litigation (PIL) has been filed in the Madras High
Court by Badar Sayeed, the first woman to head the Wakf Board and the Tamil
Nadu Minorities Commission to stop the practice of Muslim clerics issuing talaq
(divorce) certificates.
In her PIL, Badar Sayeed, a former AIADMK MLA, and a former additional
advocate-general in the high court, said that though Kazis had not been
statutorily conferred any administrative or judicial power to issue certificates
and other documents certifying or approving talaq, they have been continuing
the practice unlawfully.
According to her, Kazis Act, 1880 was enacted only for the purpose of
attendance of a Kazi at a marriage, and that the Act does not confer any power
on them to issue a certificate recognizing divorces or talaq.
Badar said that, “It has been repeatedly held that any talaq, unless
preceded by mediation or reconciliation, is invalid. But the Kazis in Tamil
Nadu are unilaterally issuing certificates and documents recognizing talaq.”
She noted that Kazis were judicial authorities under the Muslim
Personal Law once, but their powers had been taken over by civil courts during
the British rule.
She pointed out that the mandatory conditions for pronouncing triple
talaq are not being followed by many Muslim men and that Muslim women were left
in the lurch due to the lacuna. “They are asked to be satisfied by certain
reliefs given under the Muslim Women (Protection of Rights on Divorce) Act,
1986,” she added.
The division bench comprising
acting Chief Justice R K Agrawal and Justice M Sathyanarayanan before whom the PIL came for hearing, has issued notice to the
state and central governments and Chief Kazi, returnable in two weeks.
(from media inputs)
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