New Delhi, May 29: A Muslim woman advocate with an RSS background has moved the top court seeking codification of Muslim personal law that governs marriage, divorce and maintenance for women.
According to a petition filed by Farha Faiz, the honorary president of the RSS women's wing, the Shariat in India is not codified as in many Islamic countries. Its provisions are interpreted by the local clergy, which leaves room for the victimisation of women.
Faiz filed an intervention application in the Supreme Court on Friday as it has already issued notices to the Centre for a review of practices like triple talaq and polygamy.
Faiz is the honorary national president of the Rashtrawadi Muslim Mahila Sangh, the RSS women's wing. She also runs an NGO in Uttar Pradesh called Muslim Women's Quest for Equality.
In her petition, Faiz said without codified laws, Muslim women have long been victimised by the interpretations and deprived of justice.
"It is submitted that Muslim personal law provides for the practices to be followed on the issue of marriage, divorce and maintenance according to Shariat and in the Muslim Personal Law (Shariat) Application Act, 1937, there is no explanation of procedures of implementation, penalties etc."
The petition added that Muslims were dependent on the clergy who sort out the problem in their own way.
Faiz cited the case of a Muslim woman in Muzaffarnagar district who was raped by her father-in-law in 2005. Instead of punishing the accused, the local clergy had issued a fatwa saying she should divorce her husband and treat him as her son.#
"Most Muslim countries like Egypt, Jordan, Syria, Lebanon, Kuwait, Oman, UAE, Qatar, Bahrain, Yemen, Tunisia, Turkey, Morocco, Libya, Somalia, Sudan and Pakistan have enacted a comprehensive family law code," the petition said.





