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Jul 10, 2018 7 tweets 2 min read Twitter logo Read on Twitter
Thread on my (limited) understanding of the Darul Qaza (DQ) or the so-called #ShariaCourt & why all the brouhaha is misplaced (as usual!).
Warning : Kindly take off your #Islamophobia tinted glasses before proceeding any further & if you can't, then don't waste your time!
1. Darul Qazas are essentially a forum for ADR (Alternative Dispute Resolution) ie resolution of civil disputes outside the formal legal system. Arbitration/conciliation/mediation/lok adalats are all forms of ADR.
2. All forms of ADR are widely encouraged by our judiciary & govts, being simpler, faster & cheaper, besides reducing the burden of Courts.

3. DQs are meant to deal ONLY with civil disputes (NOT criminal) ie mostly marital/property/inheritance disputes b/w muslim parties.
4. Even Courts decide such disputes acc to Muslim personal law which is rather complex & often challenging to interpret for the Courts too! In fact Qazis are probably better placed to interpret Muslim Law correctly & I've even seen Courts taking their assistance in some cases!
5. DQs are NOT "Courts" as their decisions need not be final or binding upon the parties who are still free to approach the Courts if dissatisfied with the decision (exactly like arbitration).
6. DQs have no powers to unilaterally decide any disputes or issue any unilateral 'fatwa'. Decisions can be made ONLY for parties that voluntarily accept their jurisdiction.

7. DQs are thus not meant to SUBSTITUTE Courts but COMPLEMENT them, just like all other ADR mechanisms.
SO, no need to hyperventilate! There is NO threat to our judiciary!!

*End of thread*


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