...one more step towards secular law for all, in an atmosphere where the anti-secular forces are on the rise everywhere.
...a separate question however for the truly informed. Why are Indian muslims forbidden to adopt ( I presume there is no such injunction in "pure" muslim countries)?
In a landmark judgment, the Supreme Court has given Muslims the right to adopt a child despite their personal law prohibiting it.
The apex court said on Wednesday that the laws of land has to get primacy over personal law till the country achieves Uniform Civil Code as provided in Article 44 of the Constitution.
The SC judgment comes on an 8 years old petition by Shabnam Hashmi who had approached the apex court after being refused permission to adopt.
Though the SC said all individuals have a statutory right to adopt a child, it said the time is not ripe to declare the right to adopt a fundamental right.
regards
...a separate question however for the truly informed. Why are Indian muslims forbidden to adopt ( I presume there is no such injunction in "pure" muslim countries)?
In a landmark judgment, the Supreme Court has given Muslims the right to adopt a child despite their personal law prohibiting it.
The apex court said on Wednesday that the laws of land has to get primacy over personal law till the country achieves Uniform Civil Code as provided in Article 44 of the Constitution.
The SC judgment comes on an 8 years old petition by Shabnam Hashmi who had approached the apex court after being refused permission to adopt.
Though the SC said all individuals have a statutory right to adopt a child, it said the time is not ripe to declare the right to adopt a fundamental right.
regards
About pure Islamic countries: Formal adoption is not allowed in classical shariah, but foster parenting is allowed, so with a little tweaking it can come to the same thing. The legal status remains a bit murky though, see this report for example http://tribune.com.pk/story/300350/adoption-demand-for-abandoned-babies-far-outstrips-supply/
ReplyDeleteAs in some other areas, digging into this brings up "controversial" issues. In this case, the prohibition is usually based on quranic verses revealed when the prophet wanted to marry the wife of his adopted son...http://www.islamhelpline.net/node/7555
allah ul alam, as they say in Saudi Barbaria..
It is easy to support when a right is granted in the name of "laws of land having primacy over personal law". It is only when the same principle results in a right being taken away, that we see sparks fly.
ReplyDelete