“It is a method of terminating marriage contract which lies only with men but not with women, said Jethmalani The 5-judge Constitution bench hearing petitions challenging triple talaq today posed pointed questions to senior counsel Salman Khurshid who is assisting the court.When Khurshid submitted that Islam considered instant triple talaq “sinful but valid in law”, Chief Justice J S Khehar asked ” can what is sinful in the eyes of God be lawful?. If God considers it a sin it cant be legal. Can it be? We are just asking”.Justice Kurian Joseph repeated the same question rephrasing it a bit asking: “is something which is Islamically abhorrent, sinful or under any religious law it is distasteful, can it be validated by law made by man?”Khurshid replied in the negative saying ” it cannot be “.The CJI chipped in again to say ” its like…somewhat the same situation…death penalty is wrong and sinful in many countries … [Read more...] about Triple Talaq: Is What Is Sinful In The Eyes Of God Lawful? SC Asks [Also Read Written Submission By Shayara Bano]
Sharia law laws
In the background of a bunch of writ petitions filed before the Supreme Court, by some Muslim women’s organizations and individual victims, challenging the regressive and arbitrary practices of triple talaq, halala and polygamy among India’s Muslims, the Law Commission has come out with a questionnaire on the viability of a uniform civil code. The timing of the release of this questionnaire, close on the heels of the Union of India’s categorical stand against these arbitrary and unconstitutional practices before the Supreme Court, has raised concerns in the minds of those pressing for serious reforms in the personal laws of India’s Muslims. One concern is that, this would enable the All India Muslim Personal Law Board – a self-appointed custodian and defender of Islam – to whip up a fear psychosis in the Muslim community and stonewall any meaningful outcome in the pending legal proceedings. Predictably, the All India Muslim Personal Law Board has … [Read more...] about Uniform Civil Code Or Codified Personal Law?
Dr Farrah Ahmed is currently an Associate Professor at Melbourne Law School, University of Melbourne. She serves as Associate Director (India) of the Asian Law Centre, Melbourne Law School. She has also been a Lecturer in Law at the Queen’s College, University of Oxford. Her research spans public law, legal theory and family law. She works on personal laws in India, as well as religious alternative dispute resolution in other jurisdictions. Her book Religious Freedom under the Personal Law System was published by Oxford University Press this year. She is currently conducting research on religious dispute resolution processes in Australia as part of an Australian Research Council Discovery grant. Her most recent work on personal laws can be found on her SSRN page.She answered pointed questions from Livelaw through email. Q: There is a criticism that whenever the Supreme Court made observations about the need for UCC, it was not clear on what it wanted. Are the UCC seekers groping … [Read more...] about ‘Subtext of debate on uniform civil code must give us pause’, says Dr Farrah Ahmed, author of recent book on Muslim Personal Law
The Michigan – Jindal Centre for Global Corporate and Financial Law and Policy, Jindal Global Law School has announced calls for paper for Corporate and Financial Law Colloquium to be held at the OPJGU (O.P Jindal Global University) campus from April 15th, 2015 to April 17th 2015.The goal of this colloquium is to present an important opportunity for practitioners, academicians, law students, representatives of regulatory bodies, businesses, investors and stakeholders to engage and reflect on issues relevant to corporate governance and emerging legal, policy and regulatory challenges and developments in rapidly developing areas such as banking, competition and corporate fund-raising. Call for PapersAbstracts are invited on a number of broad themes around which the conference will be organized. Selected papers pertaining to each theme will be discussed in a panel consisting of presenters as well as experienced members of the JGLS faculty. These themes, along with suggested … [Read more...] about JGLS announces Corporate and Financial Law Colloquium
The ADR Cell of Government Law College, Mumbai (GLC) was launched in October, 2016 with the objective of promoting ADR through academic pursuits and skill building. It recently reached out to the international ADR community for broadening its horizons.The ADR Cell hosted Datuk Professor Sundra Rajoo, Director, Kuala Lumpur Regional Centre for Arbitration (KLRCA) at GLC on the 8th of March, 2017. He addressed the students on “Internationalization of an Arbitral regime through Institutional Arbitration”. The theme revolved around how Institutional Arbitration has triumphed over Ad Hoc Arbitration in the process of achieving global uniformity in Arbitration. He emphasised that the universal acceptance of the UNCITRAL model has streamlined the procedural rules of different Arbitral Institutions in the world. He explained to the attendees the ten basic points of significance; key to develop efficient and effective institutions for arbitration; exploring arbitration in … [Read more...] about Government Law College, Mumbai Hosts Datuk Professor Sundra Rajoo (Director, KLRCA)