Tag: Jamiat

‘Dangerous proposition’: Jamiat on stand that SC rule on same-sex marriages

[ad_1]
New Delhi: The Jamiat-Ulama-i-Hind on Tuesday told the Supreme Court that arguments made by petitioners’ counsel that the top court should make a declaration about legal validation for same-sex marriage as Parliament is not likely to do anything about it will be a “dangerous proposition”.
Senior advocate Kapil Sibal, representing the Jamiat, submitted before a five-judge bench, headed by Chief Justice of India D.Y. Chandrachud that he was “very worried” at the beginning of the hearing when the petitioners’ side said that Parliament is not going to do anything about it so the court should make a declaration.
He said it would be a wrong step forward if there were to be a declaration on the premise that Parliament is not likely to pass a law on same-sex union and emphasised that any law of this nature requires public discourse, which includes discourse within and outside parliament.

“I say that it is a very dangerous route to take,” Sibal contended before the bench, which also comprises Justices S.K. Kaul, S.R. Bhat, P.S. Narasimha and Hima Kohli.
Sibal said after the declaration by the court there will be no scope for debate in the Parliament — one that same-sex union is a fundamental right; two, it has to be recognised.
However, the top court said the Parliament can overrule a declaration. Sibal replied that “once your lordships have declared, the Parliament can’t overrule it. I hope that stage has not come for Parliament to overrule what your lordships decide.”
He said the court is now deciding two things — sexual unions and recognition by the state of sexual unions.
Sibal said if question arises whether that sexual union is akin to a marriage and, if yes, is it founded in any provision of the Constitution, and for it to result in certain rights, it can only be done through recognition by the state through legislation, and stressed that there can’t be a declaration from the court.

The top court observed that it takes Sibal’s point that “don’t go into an area where you declare a right to marry.”
Sibal, in the context of acceptance, said it is also at three levels – first by two individuals themselves, then by the family, and thereafter by the society. He argued that nobody can dispute the fact that same-sex couples have a separate sexual identity and even the government has not disputed it.
The top court will continue to hear a batch of petitions seeking legal sanction for same sex marriages on Wednesday.
[ad_2]
#Dangerous #proposition #Jamiat #stand #rule #samesex #marriages
( With inputs from www.siasat.com )

May 9, 2023
Same-sex marriages attack on family system, contravene all personal laws: Jamiat Ulama-i Hind

[ad_1]
New Delhi: Opposing petitions seeking validation of same-sex marriages, Muslim body Jamiat Ulama-i-Hind has moved the Supreme Court saying they are an attack on the family system and in complete contravention of all personal laws.
Seeking intervention in the batch of petitions pending before the top court, the organisation also cited the Hindu traditions, saying the aim of marriage among Hindus is not merely physical pleasure or procreation but spiritual advancement.
It is one of the sixteen ‘sanskars’ in Hindus, the Jamiat said. “This concept of same-sex marriage goes to attack the family system rather than making a family through this process,” Jamiat said.

The top court on March 13 had referred the pleas seeking legal validation of same-sex marriages to a five-judge Constitution bench for adjudication, saying it is a “very seminal issue”.
A bench headed by Chief Justice D Y Chandrachud said the submissions on the issue involve an interplay between constitutional rights on the one hand and special legislative enactments, including the Special Marriage Act, on the other.
In its petition, Jamiat said, “The nature of prayers in the present petition is in complete contravention of the established understanding of the concept of marriage in all personal laws between a biological man and a biological woman and thus intends to rake up the very core, i.e., the structure of a family unit prevailing in the personal laws system.”
“The concept of marriage between two opposite sexes is like a basic feature of the concept of marriage itself which leads to the creation of a bundle of rights (maintenance, inheritance, guardianship, custody).
“By these petitions, petitioners are seeking to dilute the concept of marriage, a stable institution, by introducing a free-floating system by introducing the concept of same-sex marriage,” the plea said.

The Jamiat said that in Muslims, marriage is a socio-religious institution between a biological man and a biological woman and any different interpretation given to the marriage shall lead to the persons claiming to be married under this category as non-adherents.
In a historic judgement on September 6, 2018, the Supreme Court decriminalised consensual gay sex between adults after years of activism.
In an affidavit filed before the apex court, the government has opposed the petitions and submitted that despite the decriminalisation of Section 377 of the Indian Penal Code, the petitioners cannot claim a fundamental right for same-sex marriage to be recognised under the laws of the country.
At the same time, it submitted that though the Centre limits its recognition to heterosexual relationships, there may be other forms of marriages or unions or personal understandings of relationships between individuals in a society and these “are not unlawful”.
It said western decisions sans any basis in Indian constitutional law jurisprudence cannot be imported in this context, while asserting that granting recognition to human relations is a legislative function and can never be a subject of judicial adjudication.
[ad_2]
#Samesex #marriages #attack #family #system #contravene #personal #laws #Jamiat #Ulamai #Hind
( With inputs from www.siasat.com )

April 1, 2023
We all had 1 common ancestor’: Jamiat Ulama-e-Hind chief Arshad Madani

[ad_1]
Saharanpur: While addressing a Holi function on Monday organised by BJP leader Colonel Rajiv Rawat in Bhaila village of Deoband, Jamiat Ulama-e-Hind president Maulana Arshad Madani said that we all had one ancestor and people should live in unity.
Speaking on the occasion, Maulana Arshad said “We all had one ancestor. The Holi festival gives the message of brotherhood. People should live in unity.”
Earlier on February 12, Arshad Madani sparked controversy when he “asked the Dharma Gurus that when there was no one, neither Shri Ram nor Brahma nor Shiva, then whom did Manu worship?”
He added, “Some told me that they used to worship ‘Om’. I said that it is the ‘Om’ only that we refer to as Allah, those speaking Farsi refer as ‘Khuda’ and those speaking English refer as ‘God’.”
“This means that there is only one Om or Allah, and both are the same, and it is the only thing Manu used to worship. There was no Shiv, no Brahma, but only one Om and Allah that was worshipped,” Madani said.
Addressing the session, Madani also said, “Hindus and Muslims have been living in the country like brothers for around 1400 years, and we have never forcibly converted anyone to Islam.”
“It is only under the BJP government that we heard that 20 crore Muslims should be sent home. By sending them home, they meant converting them to Hindus. These people don’t know anything about India’s history,” he added.

[ad_2]
#common #ancestor #Jamiat #UlamaeHind #chief #Arshad #Madani
( With inputs from www.siasat.com )

March 7, 2023
India belongs to Mahmood as much as PM Modi, Mohan Bhagwat: Jamiat Ulama-i-Hind chief

[ad_1]
New Delhi: Jamiat Ulama-i-Hind president Mahmood Madani said India belongs to him as much as Prime Minister Narendra Modi and Rashtriya Swayamsevak Sangh (RSS) chief Mohan Bhagwat.
Speaking at the inaugural plenary session of Jamiat Ulama-i-Hind at Ramlila Maidan in the national capital, Maulana Madani said, “India is our country. This country belongs to Mahmood Madani as much as it belongs to Narendra Modi and Mohan Bhagwat. Neither Mahmood is an inch ahead of them nor are they one inch ahead of Mahmood.”
He further said that Islam is the oldest religion in this country. “This land is the first homeland of Muslims. Saying that Islam is a religion that came from outside is totally wrong and baseless. Islam is the oldest religion among all religions. India is the best country for Hindi Muslims,” Madani said.
The Jamiat Ulama-i-Hind chief said that they are against forced religious conversions adding that today people who are converting their religion voluntarily are also being sent to jail on false charges.
He said, “We are against religious conversion driven forcibly. Freedom of religion is a fundamental right. We are also against conversion by force, fraud and greed. There are many examples of agencies targeting the Muslim community, such as the ban on Namaz, police action on them, and bulldozer action.”
#WATCH | This land is the first homeland of Muslims. Saying that Islam is a religion that came from outside is totally wrong & baseless. Islam is the oldest religion among all religions. India is the best country for Hindi Muslims: Jamiat Ulema-e-Hind Chief Mahmood Madani (10.02) pic.twitter.com/hQ5YQhEeqh
— ANI (@ANI) February 11, 2023
The three-day plenary session of Jamiat Ulama-i-Hind began on Friday in Delhi.
According to Jamiat Ulama-i-Hind, Uniform Civil Code, religious freedom and Muslim personal law and autonomy of madrassas are among some issues that will be discussed in the convention. Further, it said a proposal can be brought to provide reservation for socio-economically backward Muslims.
In the 34th session of Jamiat, the steps being taken to strengthen religious brotherhood and initiatives to prevent hate campaigns are also part of the agenda.

Jamiat Ulama-i-Hind is a century-old organization and works for the protection of the civil, religious, cultural and educational rights of Muslims. Jamiat claims to be the largest organization of Muslims and socio-political and religious issues of Muslims remain on its agenda. The Jamiat believes in the Deobandi ideology of Islam.

[ad_2]
#India #belongs #Mahmood #Modi #Mohan #Bhagwat #Jamiat #UlamaiHind #chief
( With inputs from www.siasat.com )

February 11, 2023
Jamiat Ulema-e-Hind flags ‘rise’ in Islamophobia

[ad_1]
New Delhi: Prominent Muslim body Jamiat Ulema-e-Hind on Friday flagged the alleged rise in Islamophobia and demanded that a separate law be enacted to specifically punish those who incite violence against minorities.
Jamiat’s 34th General Session began here at the Ram Lila ground under the presidentship of its chief Maulana Mahmood Madani.
The plenary session of the event will take place on Sunday.
The organization passed several resolutions including one on alleged rise in the hate campaign and Islamophobia in the country.
“The rise in Islamophobia, besides cases of hatred and incitement against the Muslims community, has increased to an alarming level in our country, in the recent past,” the Jaimiat alleged.
“The most regrettable point is that though the government is aware of these developments, it prefers to adopt an ostrich-like approach,” it alleged.
The Jamiat said it wants to draw the attention of the government on how to ensure the integrity and build a positive image of the country.
Among the steps the Jamiat proposed should be taken included strict action against elements and the media engaged in spreading hatred.

The Jamiat also sought a separate law should be enacted to specifically punish those who incite violence against the minorities.
Other important resolutions passed by the Jamiat Friday included effective measures to ensure voter registration and larger participation in elections.
Subscribe us on
[ad_2]
#Jamiat #UlemaeHind #flags #rise #Islamophobia
( With inputs from www.siasat.com )

February 10, 2023