Community News

Darul Qaza set up in Mumbai

Mumbai: For the first time Darul Qaza (Shariat arbitration committee) has been set up in Mumbai on 29 April by All India Muslim Personal Law Board. The committee will hear and try to settle civil and marital disputes of the Muslim community. This committee has been set up at Anjuman-e Islam’s office near CST. It may be stated that Shariah committees have already been set up and working in many cities like Delhi, Patna, Hyderabad, Malegaon etc. It is hoped that with these committees it will be easy and helpful for Muslims to settle their mutual problems and disputes. Qazis or judges in these committees are appointed by All India Muslim Personal Law Board (AIMPLB) and mostly family disputes like marriage, divorce, mehr (alimony), inheritance and also other disputes among Muslims like property (landed or housing) etc can also be taken up for hearing and arriving at a verdict.

According to the secretary of AIMPL Board, Maulana Wali Rahmani, with these Darul Qazas or committees Muslims will be able to settle their mutual disputes and differences in a very short time and also cheaply because in civil or government committees, not only have the litigants to spend huge amounts of money towards fees of lawyers, they have also to attend committees a number of times and committees pronounce verdicts after many years. These committees are also different from civil committees in the sense that cases brought to it unilaterally i.e. by one party only are not taken up for hearing. Only when both the contending parties, including husband and wife, agree to bring their disputes to this committee , cases are accepted by these committees and efforts are made first for reconciliation i.e. settlement of disputes by mutual consent. If disputes are not settled by mutual consent, these committees pronounce their verdict in the light of the Qur’an and Hadees. Another important feature of these committees is that if some one has already filed a case in a civil committee  and approaches Darul Qaza for the same case, he or she will have to withdraw the case from the civil committee .

Maulana Rahmani while clarifying the general misconception that Darul Qazas are parallel committees i.e. rivals to civil committees said that there is no rivalry or competition between the two. Rather, he said, Darul Qazas are complementary and lighten the burden of civil committees because judges of civil committees are over burdened because thousands of cases of all sorts are pending in all committees for hearing and cases are taken up for hearing after many years. He also said that verdicts pronounced by Shariah committees have been accepted by lower and civil committees, even High Court in many states like Jharkhand, Bihar, West Bengal, Orissa etc. Yusuf Mochhala, a famous lawyer of Mumbai and also associated with AIMPL Board says that Shariah committees work in accordance with Indian laws and Constitution.
 

This article appeared in The Milli Gazette print issue of 16-31 May 2013 on page no. 14

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