Latest news with #MuslimPersonalLaw
Time of India
23-05-2025
- Politics
- Time of India
Govt on Waqf Act in SC: Proof of being Muslim in sync with Sharia
NEW DELHI: Supreme Court on Thursday reserved its verdict on the ambit, contours and necessity of an interim order after arguments over three days between the Centre and petitioners for and against the validity of Waqf (Amendment) Act, 2025, reports Dhananjay Mahapatra. Responding to the petitioners' objection to the provision that only a practising Muslim for five years could dedicate properties for waqf, SG Tushar Mehta said it was in sync with the requirement of the Muslim Personal Law (Shariat) Application Act, 1937. No mention of 'waqf by user' term in 1923 Act: Raj govt to SC Given the widespread misuse of waqf properties and their usurpation for personal purposes noted from 1870s, registration of waqf properties, including 'waqf by user', needed to be mandatorily registered under the 1923 and 1995 Waqf Acts, he said. Mehta said a person could be governed by the 1937 Act only if he satisfied the prescribed authority that he was a Muslim and filled a form before that authority declaring that he desired to follow Sharia law and be governed by its provisions - ranging from marriage to waqfs. "So, what is the problem in the new law asking a person to be mandatorily a Muslim for the purpose of making a waqf?" he asked. Senior advocate Kapil Sibal, supported by A M Singhvi, Rajeev Dhavan and Huzefa Ahmadi, said the way the new waqf law was drafted, it would allow govt to take over 'waqf by user' properties, which were not registered for decades because of fault of state govts, an eventuality which would result in punishing the community for no fault of its. Sibal said waqf was part of zakat, one of the 5 cardinal principles intrinsic to Islam. "Waqf was purely religious, and no authority could interfere in this as the Constitution guarantees that every religious denomination has the absolute right to manage its religious institutions, which in this case is waqf," he added. Appearing for Rajasthan, senior advocate Rakesh Dwivedi said 'waqf by user' was a term evolved by Privy Council and did not find mention in the 1923 Waqf Act. There was no dedication to Allah in case of 'waqf by user', he said. For ST Muslim organisation, Odisha, and a waqf board, senior advocates Ranjit Kumar, Maninder Singh and Gopal Sankaranarayanan supported Centre's stand. An advocate brought to the court's notice that in Tamil Nadu's Tiruchendurai, its 1,500-year-old Chola-era temple and the surrounding area had been declared waqf property by TN waqf board. She said the board's claim was met with resistance from villagers, who were unable to sell their land without the board's approval. She said the new law would curb such practices.
New Indian Express
23-04-2025
- Entertainment
- New Indian Express
Yami Gautam, Emraan Hashmi to headline film based on the Shah Bano case
The film will be directed by Suparn S Verma, who served as a creative producer on the Apoorva Singh Karki directorial Sirf Ek Bandaa Kaafi Hain , starring Manoj Bajpayee. The film pertains to the landmark case filed in 1978 by a 62-year-old Shah Bano, a mother of five children, seeking alimony from her lawyer husband Ahmed Khan, who had given her triple talaq. She sought alimony under Section 125 of the Code of Criminal Procedure, but Ahmed refused to pay her, citing Muslim Personal Law. Shah Bano ultimately moved the Supreme Court, which ruled that Section 125 applies to all Indian citizens and divorced women should receive alimony, regardless of their religion. The judgement, however, was diluted by the then Congress government, which passed the Muslim Women (Protection of Rights on Divorce) Act, 1986, restricting the right of Muslim divorcees to alimony from their former husbands for only 90 days after the divorce (the period of iddah in Islamic law). The movie will be shot in multiple locations across Lucknow and Uttar Pradesh. As per reports, it has wrapped its Lucknow schedule. The film is expected to have a theatrical release sometime in October/November 2025.
Time of India
23-04-2025
- Entertainment
- Time of India
Yami Gautam and Emraan Hashmi to bring Shah Bano's battle to the big screen
Actors Yami Gautam and Emraan Hashmi have successfully wrapped up filming their upcoming historical judgement inspired by one of India's most pivotal legal battles, the 1985 Shah Bano case . In this much-anticipated film, Yami steps into the shoes of Shah Bano, while Emraan portrays a character inspired by her former husband, Ahmed Khan. The movie aims to shed light on a landmark case that stirred national debate on gender rights, religious personal laws, and constitutional justice. The case that shook the nation The Shah Bano case originated in 1978, when 62-year-old Shah Bano filed a plea in Indore seeking maintenance from her husband, Mohammed Ahmad Khan, a respected lawyer who had divorced her after four decades of marriage and five children. Shah Bano invoked Section 125 of the Criminal Procedure Code (CrPC), 1973, a secular provision that mandates maintenance for a divorced woman who is unable to sustain herself. However, her husband contested the claim, citing Muslim Personal Law, which states a man is only obligated to support his wife during the iddat period, roughly three months post-divorce. The All India Muslim Personal Law Board backed Khan's argument, contending that religious laws must be upheld without interference from the secular judiciary. The landmark supreme court ruling The matter escalated to the Supreme Court, where then Chief Justice Y.V. Chandrachud upheld Shah Bano's right to maintenance under the CrPC, affirming the High Court's decision. The Court even increased the maintenance amount. The verdict was hailed for reinforcing the supremacy of constitutional law over personal religious codes when it comes to individual rights. A call for uniform civil code The case reignited the national conversation around gender equality, secularism, and the Uniform Civil Code (UCC). The ruling emphasized that personal laws should not override fundamental rights guaranteed by the Constitution, especially in a democratic and secular state. Yami Gautam looks charming and ethereal in a multi-coloured suit salwar at airport
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First Post
23-04-2025
- Entertainment
- First Post
After Ground Zero, Emraan Hashmi to star in another film inspired by true events- The Shah Bano Case, teams up with 'Article 370' actress Yami Gautam
The untitled project is expected to be Yami's next major theatrical release after Article 370 — and is poised to dive deep into the human cost of legal battles that become national flashpoints read more Emraan Hashmi will be seen in Ground Zero that releases this Friday. The film is inspired by true events. And now, he is already doing another film based on true events, this time on the 1985 Shah Bano case. He will be teaming up with Yami Gautam. The untitled project is expected to be Yami's next major theatrical release after Article 370 — and is poised to dive deep into the human cost of legal battles that become national flashpoints. STORY CONTINUES BELOW THIS AD A source told Hindustan Times, 'Yami and Emraan are leading this impactful courtroom drama and have finished the shooting schedule. A lot of research has gone into the script to ensure authenticity and the film boasts of several long and intense courtroom scenes. Yami plays Shah Bano, while Emraan's character draws from Ahmed Khan.' What was the Shah Bano case? In 1978, 62-year-old Shah Bano, a mother of five, approached the Supreme Court under Section 125 CrPC, seeking maintenance after being divorced via triple talaq by her lawyer husband, Mohd. Ahmad Khan, who cited Muslim Personal Law to deny support beyond the three-months for her and their children. After a 7-year legal battle, the Court ruled in her favour in 1985, stating that Section 125 applied to all citizens, ensuring a divorced woman's right to maintenance regardless of religion — a landmark verdict in the fight for gender justice and constitutional equality. The ruling sparked backlash from conservative groups, leading the Rajiv Gandhi government to pass the Muslim Women (Protection of Rights on Divorce) Act, 1986, diluting the verdict. The episode reignited debates on vote-bank politics, UCC, and secularism — themes that remain relevant even today. Shah Bano's voice was once heard in the hallowed halls. STORY CONTINUES BELOW THIS AD
