Islamic organisation Jamiat Ulama-i-Hind contended Supreme Court's attempt to deal with various issues of rights including gender bias against Muslim women, reported PTI. In its plea seeking to be made party to the case, Jamiat said that it was beyond the jurisdiction of any court to examine the constitutional validity of the practices of marriage, divorce and maintenance in Muslim personal law on the ground that provisions of personal laws cannot be challenged by the reason of fundamental rights.
“Personal laws do not derive their validity on the ground that they have been passed or made by a legislature or other competent authority. The foundational sources of personal law are their respective scriptural texts. The Mohammedan Law is founded essentially on the Holy Koran and it cannot fall within the purview of the expression ‘laws in force’ as mentioned in Article 13 of the Constitution of India, and hence its validity cannot be tested on a challenge based on Part III of the Constitution,” it said. Last year, the apex court had ordered registration of a PIL and asked the Chief Justice to set up a Special Bench to deal with issues relating to the challenge to the Muslim Women (Protection of Rights on Divorce) Act. The court asked Jamiat to file a more detailed affidavit within six weeks.