A lawyer from Andhra Pradesh, during his visit to Saudi Arabia last week, called on Muslims in India to set up their own arbitration councils to resolve family disputes.
Speaking to a select group of expatriates in the Kingdom on June 20, Mohammed Osman Shaheed, the additional public prosecutor at Andhra Pradesh High Court, said high courts and Supreme Court were no longer delivering judgments in the light of Muslim Personal Law, reports Siraj Wahab in Arab News.
“This law has been confined only to legal books … it is no longer in application. The majority of All-Indian Muslim Personal Law Board officials, too, have accepted this stark fact,” he said.
Elaborating his point, Osman Shaheed said: “For example, if you take a case of divorce to the High Court or the Supreme Court, they will clearly tell you that where there is a conflict between the Muslim Personal Law and the law of the land, then the law of the land will prevail. And in almost all cases since independence, the judgments have been delivered in contravention of the Muslim Personal Law.”
The Muslim Personal Law is a popular name for an act of law that was promulgated by the British occupation forces in 1937. It was then called as the Shariat Application Act. It was meant to solve cases involving Muslims according to their law.
Osman Shaheed said the Indian law provides a better solution to get out of this sorry state of legal affairs for Muslims. “You can set up arbitration councils in your localities. This is perfectly legal.”
According to Indian Arbitration Act, if there is a conflict between two parties then they can nominate a third person of their choice to adjudicate between them. This third person is known in legal parlance as the arbitrator. Based on the evidence at hand and based on his wisdom, the arbitrator will give his ruling.
“As per Article 38 of Indian Arbitration Act, the ruling of the arbitrator can be taken to the chief judge of the local court and can be converted into a legally binding decision for a nominal fee of 100 Indian rupees. This decision then becomes executable. Is this not a perfect solution?” asked Osman Shaheed. “There is no need to take Muslim family disputes or land disputes or inheritance disputes to the court. You can solve them through local arbitration.”
He said the Muslim Personal Board has also called for the setting up of Shariah courts in various cities. “However, when you say Shariah courts, it rings alarm bells among other sections of society and it unnecessarily creates an impression that Muslims do not believe in the law of the land and that they are trying to set up a parallel justice system. But when we set up arbitration councils, it is perfectly within the Indian legal parameters.”
Osman Shaheed has set up an Andhra Pradesh State Muslim Forum to create awareness among the Indian Muslim community on this important legal aspect. “Interestingly, my suggestion is being vehemently opposed by my fellow lawyers. They think this will dry up their sources of livelihood. ‘Where will we then get the cases from?’ they ask.”
Muslehuddin Ahmed, a Jeddah-based Indian expatriate, said he was highly impressed by Osman Shaheed’s campaign. “He has focused on a very important issue and there needs to be sustained efforts to carry his message forward. There should be a healthy debate on this issue.”