It is not for a court to determine whether religious practices were prudent or progressive or regressive. Therefore, my submission is that the intention with which I tabled my amendment was not with any idea of opposing the object of this Bill, but my reason for moving this amendment is that this Bill does not go as far as we wish. It was asserted, that the mandate of Section 2 was aimed at making Muslim 'personal law' - 'Shariat' as "the rule of decision even when customs and usages were to the contrary. I am thinking of holding them.' So he made it binding upon them." iii. Appu Balu Ingale Ors., AIR (1993) SC 1126 this Court has held in paragraph 34 that judiciary acts as a bastion of the freedom and of the rights of the people. (See Dicey - "Law of the Constitution" - 10th Edn., Introduction cx). 51Similar observations were made by the High Court of Gauhati through Baharul Islam,. It was accordingly submitted, that the object behind Section 2 of the Shariat Act was to declare the Muslim 'personal law' - 'Shariat as the "rule of decision in situations where customs and usages were to the contrary. The petitioner's application for maintenance filed under Section 125 of the Code of Criminal Procedure, was rejected by the Sub-Divisional Judicial Magistrate, Hailakandi. ") To back his argument Mill discusses three kinds of freedom he thinks a free society should have:.
So much so that a man got up and said; shall I not kill him.". We are not oblivious of the fact that the said provision has been inserted to regulate the growing business, trade, commerce and industrial activities of the country and the strict liability to promote greater vigilance in financial matters and to safeguard the faith of the. As a result, patients suffering from severe anxiety either have gone untreated or have been prescribed less safe, less effective medications such as barbiturates.1 Initiatives to replace triplicate prescription with an electronic data transfer system should be evaluated carefully for their potential impact on prescribing. There is certainly no room for any doubt, that if 'hadiths' relied upon by the High Courts in their respective judgments, validly affirmed the position expressed with reference to 'talaq-e-biddat there would be no occasion for us to record a view to the contrary. It was also pointed out, that discrimination based on sex was opposed to gender justice, which position was clearly applicable to the 15 (2015) 1 SCC 192 82 controversy in hand. On this account, the Court's attention was drawn to Daraqutni, Kitab Al-Talaq wa Al-Khula wa Al-Aiyla, 5/23, Hadith number: 3992; Daraqutni, 5/81; Kitab al-Talaq wa Al-Khulawa aI-Aiyala, Hadith number: 4020; Sunan Bayhaqi, 7/547, Hadith number: 14955; AI-Sunan AI-Kubra Iil Bayhaqi, Hadith number: 14492; and Sahi. In the above context, it was pointed out, that the fundamental right to equality guaranteed under Article 14 of the Constitution, manifested within its fold, equality of status. Jamiat Ulma-I-Hind Suo Motu Writ (C). It was therefore reiterated, that the legislature which enacted the Muslim Personal Law (Shariat) Application Act, 1937, neither modified nor amended even in a small measure, the Muslim 'personal law' applicable to the Muslims in India, nor did the legislature while enacting the above enactment.