Staff Reporter :
The High Court ruled in a verdict that the Muslim women cannot be a marriage registrar in terms of the ‘practical necessity’ of the country.
In the verdict the HC also said, “A marriage ceremony is not a merely a family or social event, it is certainly a religious ceremony, which entails specific religious functions.”
It also observed, “On account of rapid urbanization coupled with lack of open space, a recent trend has developed to have the
Nikah ceremony solemnized at the local Mosque. It has to be borne in mind that due to certain physical conditions, a lady cannot enter the mosque during a certain time of the month. She is even excused from performing the mandatory daily prayers during this particular time.”
“This physical disqualification does not allow her to conduct the religious task. We are mindful of the fact that a Muslim marriage is a religious ceremony and has to be guided by the terms and dictates of Islam,” also read the verdict.
The HC Bench of Justice Zubayer Rahman Chowdhury and Justice Kazi Zinat Hoque delivered the verdict after holding hearing on a writ petition filed by a woman registrar candidate from Dinajpur.
The HC Bench delivered the verdict on February 20 in 2020, but the full text of the verdict published on Sunday last.
Ayesha Siddiqa, a candidate for the post from Dinajpur district, filed the writ petition in 2014 challenging a memo issued by the Law Ministry in this regard.
The High Court ruled in a verdict that the Muslim women cannot be a marriage registrar in terms of the ‘practical necessity’ of the country.
In the verdict the HC also said, “A marriage ceremony is not a merely a family or social event, it is certainly a religious ceremony, which entails specific religious functions.”
It also observed, “On account of rapid urbanization coupled with lack of open space, a recent trend has developed to have the
Nikah ceremony solemnized at the local Mosque. It has to be borne in mind that due to certain physical conditions, a lady cannot enter the mosque during a certain time of the month. She is even excused from performing the mandatory daily prayers during this particular time.”
“This physical disqualification does not allow her to conduct the religious task. We are mindful of the fact that a Muslim marriage is a religious ceremony and has to be guided by the terms and dictates of Islam,” also read the verdict.
The HC Bench of Justice Zubayer Rahman Chowdhury and Justice Kazi Zinat Hoque delivered the verdict after holding hearing on a writ petition filed by a woman registrar candidate from Dinajpur.
The HC Bench delivered the verdict on February 20 in 2020, but the full text of the verdict published on Sunday last.
Ayesha Siddiqa, a candidate for the post from Dinajpur district, filed the writ petition in 2014 challenging a memo issued by the Law Ministry in this regard.
