Dismembered body case: Senior citizen's murder charge transferred to High Court
KOTA KINABALU: The magistrate’s court today ordered the case of a senior citizen charged with murdering a woman whose dismembered body was found to be transferred to the High Court.
The Chhattisgarh High Court has overturned a triple talaq divorce declaration issued by a Shariyat Court, arguing that religious belief cannot override legal rights. The court ruled that the religious institution lacked legal authority to dissolve the marriage of a 38-year-old Muslim woman, whose marital status could not be altered by the decision.
Justice Amitendra Kishore Prasad stated that while religion can guide an individual's conscience and personal faith, no religious institution can claim the authority of a lawfully established court or use religious belief to determine legal status and rights. The woman challenged the validity of the Idara-E-Shariya Islami Court, which declared her divorce via Talaq-e-Hasan, a three-month divorce process involving the husband pronouncing talaq once per month.
She contended that she was not given a chance to present her case, and the court emphasized that Shariyat bodies are not recognized courts under the Constitution and cannot act as legally binding authorities. The woman alleged that her first husband's death in 2015 and subsequent marriage to her present husband led to marital discord, resulting in her claim of harassment and ill-treatment by her husband and family.
The court held that the Shariyat Court's January 18, 2022 communication acted as a "religious opinion" and was not a legally binding court order. The court did not address the constitutionality of Talaq-e-Hasan itself, leaving the matter pending before the Supreme Court.
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