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Lawyer’s big claim in Hijab controversy – Karnataka High Court interprets Quran

New Delhi. The counsel for the petitioners in the hijab ban controversy told the Supreme Court on Monday that the Karnataka High Court had acted objectionable by trying to interpret the Holy Quran and saying that the wearing of hijab by Muslim women was not a necessary religious practice. Referring to an earlier judgment of the Supreme Court, he said courts are “institutionally incompetent” to interpret the Quran.

Senior advocate YH Muchhal, appearing for one of the petitioners, claimed that several rights of Muslim girls have been affected by the Karnataka High Court ruling. A bench of Justices Hemant Gupta and Sudhanshu Dhulia was hearing arguments on petitions challenging the Karnataka High Court’s decision refusing to lift the ban on hijab in educational institutions in the state.

“As far as we are concerned, whether hijab is an essential part of religion or not is completely irrelevant,” the lawyer said. We are really concerned about the rights of the people, we are not considering the Muslim religious part.

Challenging the High Court’s decision, the lawyer said, “The High Court has done a very objectionable act.” To this the bench said, ‘Tell us what is objectionable.’

The lawyer then referred to an earlier judgment of the apex court, saying that it had said that the court cannot and should not go on the path of interpretation of the Quran and that is what the High Court has done. “The courts are institutionally incompetent to interpret the Quran,” he said.

Karnataka: Supreme Court may complete the hearing of hijab case by September 16, sought response from the state government in two days

However, the top court said that the petitioners had moved the high court and said that hijab is an essential religious practice. The bench said, ‘Someone raised the issue. What option did the High Court have but to deal with it. First you claim it to be a right and when the High Court gives its order in this or that way, you say it cannot be.’ The top court said, ‘Actually, you are proving yourself wrong.’

Tags: Hijab controversy, Karnataka High Court, Supreme Court

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