PERSONAL LAW
Ghulam Mohammad, Appellant v. Taj Mohammad Khan and others, Respondents B. MEHROTRA, J.
A. Transfer of Property Act (4 of 1882), Section 123-Gift-Document whether constitutes gift - Parties Muslim - Document reciting that by this agreement certain house property is given by executor to his three brothers- Further recital that executor or his heirs will henceforth have no right in the house property - No whisper of word gift in entire document -Document held was an agreement of transfer - Not a gift by Muslim or document executed in cognition of an earlier oral gift-Document requires registration - Document unregistered - Not admissible in evidence.
B. Civil P.C. (1908), Order 47, Rule 1 - Review- Decree for eviction of licensee - Suit contented by licensee only on ground that disputed property was ancestral property of licensee and on plea of adverse possession - No plea that licensee was owner under gift deed raised - Property continuing to be recorded in name of plaintiffs father throughout - Review of eviction decree sought by son of licensee on ground of discovery of document evidencing gift in favor of his father-Not tenable as in absence of assertion of rights by licensee as done and change in records of property gift could not be said to have been accepted by [Source: AIR 1995 Allahabad 333) licensee.
Allahabad High Court on Cow Slaughter
Mohd. Yaseen alias Chiddoo, Petitioner v. Zila Parishad Gonda and others, Respondents.
S.H.A. RAZA AND LS. MATHUR, JJ.
U.P. Zila Parishad and Kshetra Samiti Adhiniyam (1961), Section 239-Slaughtering of animals - License - Bye laws framed under Section 239 prohibiting slaughter of bulls, bullocks, buffaloes and she-buffalos - Violative of Article 19 of Constitution and Section 3 of U.P. Act 1 of 1956.
Constitution of India, Article 19. U.P. Prevention of Cow Slaughter Act (1 of 1956), Section 3.
Bye-law 1 (b) framed under Section 239 which completely prohibits the slaughter of animals which include bulls, bullocks, buffalos and she-buffalos also, would be violative of Article 19 of the Constitution as also of Section 3 of the U.P. Act 1 of 1956. Similarly in bye-laws 6 (d) there is also reference to bye-law 1(b) and the entire provision is with reference to bye-law 1(b) which has been found to be illegal, thus bye-law 6(d) would also be liable to be struck down.
(Source: AIR 1995 Allahabad 352)
Shahabuddin On Islam and Gender Rights Letter to the Indian Express, 15 Dec., 1995
There can be no religious bar on codification of Muslim personal law to promote social reform and to make it uniformly applicable and combine the substantive Shariat-based rules with due process of law, since practically all Muslim countries have done so. The essential point is whether the codification is within the framework of the Shariat whose basic sources are the Holy Quran and the authentic Traditions of the Holy Prophet. Muslims are bound by the mandates of the Quran and not by the opinion of the commentators. The trouble arises when the Muslims are called upon to 'reform' the Shariat and to 'revise' or 're-edit' the Holy Quran. In fact, those who urge the introduction of uniform civil code mix up three separate issue : Reform of the Muslim society 'revision' of the Shariat, codification of the Muslim personal law and imposition of a uniform code! I wish the debate was more analytical and well- structured.
I may add that various groups of Ulema and academicians are working on a model Muslim Code based on a synthesis of all schools of Muslim jurisprudence. But will it satisfy the anti-Muslim forces?
I may also add that Islam stands for complete gender equality in all walks of life, except within the family for the sake of stability. This is why it places the responsibility of maintenance of the family, the education of the children and the marriage of the daughter squarely on the husband. A Muslim wife is entitled to keep her income and not share the household or family expenditure.
