Polygamy in Muslim personal law misinterpretated, says Gujarat HC

[cricketjoshila]

Ahmedabad: In a strongly-worded order, the Gujarat High Court said the Quran was being misinterpreted by Muslim men to have more than one wife and the provision of polygamy was being misused by them for "selfish reasons".

The court called for the abolition of polygamy in Muslim society in India as it's a "heinously patriarchal" act.

The High Court also stated that time has come for the country to embrace the uniform civil code as such provisions are in violation of the Constitution.

Justice J B Pardiwala made these observations while pronouncing the order related to section 494 of IPC, which deals with punishment for having more than one wife.


The petitioner, Jafar Abbas Merchant, had approached the high court to quash an FIR against him filed by his wife who alleged that he got married to another woman without her consent.

In the FIR, she invoked Section 494 of IPC (marrying again during lifetime of husband or wife) against Jafar.

In his plea, Jafar, however, claimed that the Muslim Personal Law allows Muslim men to marry four times and hence the FIR against him does not stand legal scrutiny.

In the order, Pardiwala noted, "the Quran is being misinterpreted by Muslim men to have more than one wife."

"When the Quran allowed polygamy, it was for a fair reason. When men use that provision today, they do it for a selfish reason. Polygamy finds mention in the Quran only once, and it is about conditional polygamy," the order said.

"Muslim Personal Law does not permit a Muslim to treat one wife cruelly, drive her out of the matrimonial home and then get married for the second time. However, there is no law in this country which takes care of this situation. There is no uniform civil code in this country," it said.

The High Court put the onus on the government to do the needful with regards to the uniform civil code.

"On the basis of modern, progressive thinking, India must shun the practice and establish uniform civil code," stated the judgment.

The court further observed that the permission to have four wives under Muslim Personal Law violates Constitutional provisions.

"Polygamy and the unilateral talaq without the wife's consent offends Article 14 (equality before law for all) and Article 15 (the state's non*discrimination on grounds of caste, religion, sex, etc). If the state tolerates this law, it becomes an accomplice in the discrimination of the female, which is illegal under its own laws," the court in its order.

While mentioning several verses of the Quran as well as statements of noted scholars, the high court said, "it is abundantly clear that notwithstanding there is no codification by the legislation of marriages amongst the Muslims, polygamy is not encouraged and is an exception and not a rule. It is not the fundamental right of a Muslim to have four wives."

The court also gave a verdict in favour of Jafar and removed section 494 from the FIR, as being a Muslim, he is governed by the Muslim Personal Law, which allows him to have more than one wife, and not under the IPC.

"In view of the above, so far as the offfence punishable under Section 494 of IPC is concerned, I am left with no other option but to accept the submission that Jafar cannot be prosecuted for the offence punishable under Section 494 of IPC. To this extent, the petition will have to be allowed and is, accordingly, allowed," stated the order.

http://www.firstpost.com/india/guja...sion-bats-for-uniform-civil-code-2497134.html

 

[cricketjoshila]

Can we have a mature discussion on this.Please no personal attacks or attacks on any religion or country.

 

[CricketCartoons]

Most Indian muslim females and males are themselves against polygamy, so a law preventing that will be welcomed by most.

btw, good to see you joshila bhai, gets tough for me in your absence.

 

[enkidu_]

Exact data on the subject is hard to come by, primarily because the 1961 census was the last one to look at marriages by religion and community. That survey, in fact, found that incidence of polygamy was the least among Muslims, with just 5.7% of the community likely to practice it. Hindus actually had a higher incidence rate of polygamy, at 5.8%, although other communities, including Buddhists and Jains, were proportionally even more likely to practice polygamy. At the top were tribals, 15.25% of whom were polygamous.
(...)
Subsequent data seems to confirm this. A survey carried out by the government in 1974 put the polygamy figure at 5.6% among Muslims, and 5.8% for upper-caste Hindus. Research by Mallika B Mistry of the Gokhale Institute of Politics and Economics in Pune in 1993, later recorded by John Dayal, also concluded that “there is no evidence that the percentage of polygamous marriage (among Muslims) is larger than for Hindus.”

According to the third National Family Health Survey carried out in 2006, 2% of women reported that their husbands had more than one wife. More than the religion of the parties involved, determinant reasons were not having a child or a male child from the first wife, education and the age of first wife. It found that a polygamous Hindu was likely to have 1.77 wives, a polygamous Muslim 2.55, Christian 2.35, and Buddhist 3.41.

http://scroll.in/article/669083/muslims-arent-the-only-community-where-polygamy-is-a-problem

 

[cricketjoshila]

http://scroll.in/article/669083/muslims-arent-the-only-community-where-polygamy-is-a-problem

Hindus cant legally have more than 1 wife.They can be jailed as per article 494.Muslims can legally have 4wives in India.

I was interested to know if the interpretation given by the judgeof HC regarding polygamy in Islam is correct.

Also dont read too much into the scroll article.Its based on 1961 census.

 

[street cricketer]

Good. Should've been done long before. India trying to be "secular" for once.

 

[Deosai]

The Patels shouldn't speak for Islam and Muslim men.

 

[enkidu_]

Hindus cant legally have more than 1 wife.They can be jailed as per article 494.Muslims can legally have 4wives in India.

I was interested to know if the interpretation given by the judgeof HC regarding polygamy in Islam is correct.

Also dont read too much into the scroll article.Its based on 1961 census.

You "legally" can't do a lot of stuff, but it still happens.

Monogamy is an exception in world history anyway, mainly distributed through Europe because of its Roman influences, Romans being adamantly anti polygamy, which was one of the many problems for Jews at the time. That's Western cultural imperialism against values of Islam and Hinduism.

 

[CricketCartoons]

Polygamy is a backward practice anyway. Has no place in modern society. This concept belongs to the trash bins of history.

 

[blackanhyellow]

Hindus cant legally have more than 1 wife.They can be jailed as per article 494.Muslims can legally have 4wives in India.

I was interested to know if the interpretation given by the judgeof HC regarding polygamy in Islam is correct.

Also dont read too much into the scroll article.Its based on 1961 census.

It is correct and it isnt.

The part that is true about the HC interpretation is that a man who marries more than one woman has to treat all of his wives equally.

Islam does not permit to be cruel to the first wife or drive her out of the home just because you got a second wife. Emphasis has been put on treating all wives equally.

The rest of the stuff I don't think is very accurate according to Islam.

It sounds like he wants a completely secular set of laws that is uniform for all people of India, and that sounds fair enough. He is using his own interpretation of Islam to convince people that Islamic law supports his view of secular law in some way.

 

[enkidu_]

Polygamy is a backward practice anyway. Has no place in modern society. This concept belongs to the trash bins of history.

In Dharmic religions time is cyclical and not linear (Abrahamic idea of "progress", from the many - idols - to the One) so being backward is just returning to the Golden Age, when divine avatars had a banquet of females.

 

[CricketCartoons]

In Dharmic religions time is cyclical and not linear (Abrahamic idea of "progress", from the many - idols - to the One) so being backward is just returning to the Golden Age, when divine avatars had a banquet of females.

Do you follow the dharmic or the abrahamic religion?

 

[kaayal]

I support for the abolition of Polygamy among the Muslims in India.

 

[CricketCartoons]

Muslim personal laws are in need for urgent reforms. Main being ban on polygamy and the triple talaq ritual.

 

[Cpt. Rishwat]

Polygamy is a backward practice anyway. Has no place in modern society. This concept belongs to the trash bins of history.

True, but India isn't a modern society. This is like a tramp turning his nose up at the smell of a beggar. I pray that one day India uplifts all of it's females regardless of religion.

 

[CricketCartoons]

True, but India isn't a modern society. This is like a tramp turning his nose up at the smell of a beggar. I pray that one day India uplifts all of it's females regardless of religion.

That is no excuse to remain backward. Hindu women were liberated through reforms to hindu personal laws. It is time muslim women are also empowered and muslim personal laws are reformed.

 

[Cpt. Rishwat]

That is no excuse to remain backward. Hindu women were liberated through reforms to hindu personal laws. It is time muslim women are also empowered and muslim personal laws are reformed.

Indeed I have no objection, but along with laws attitudes also need to reformed. Hindu women or Muslim women will only be liberated when India discards the misogynist mindset where MP's won't treat rape victims as the instigator while the boys are just being boys.

 

[CricketCartoons]

Indeed I have no objection, but along with laws attitudes also need to reformed. Hindu women or Muslim women will only be liberated when India discards the misogynist mindset where MP's won't treat rape victims as the instigator while the boys are just being boys.

Full liberation hasnt been achieved. It will take time. And I appreciate your glass half empty view, for one must know that a lot remains to be done. However, Muslim women first need to be brought into the mainstream, and the first step will be to liberate them from their backward muslim personal laws like polygamy and unilateral divorce. Baby steps, I agree, but a step in the right direction.

 

[cricketjoshila]

I support for the abolition of Polygamy among the Muslims in India.

No wonder you do.All my friends do too.

what about the triple talaq and maintenance rules?

 

[Lurker_Ind]

I support for the abolition of Polygamy among the Muslims in India.

That is because you are a female.

 

[Lurker_Ind]

Why would anyone have problem if a bunch of consenting females want to marry the same man?

Let people decide what they want to do.

Nobody is forcing a Hindu man to have more than 1 wife.

The same way, a woman should also be allowed to have more than 1 husband. If all the males are consenting, it should not be a problem.

 

[cricketjoshila]

You "legally" can't do a lot of stuff, but it still happens.

Monogamy is an exception in world history anyway, mainly distributed through Europe because of its Roman influences, Romans being adamantly anti polygamy, which was one of the many problems for Jews at the time. That's Western cultural imperialism against values of Islam and Hinduism.

1.Murder and robberies happen to.The fear of law makes sure that most people dont do it.

2.The 1961 census ,the basis of the article has little value today.It most likely contains data from marriages before 1950 when the constitution of India came into being.So that data is hardly significant.

It doesnt matter if its roman or greek or amazonian,monogamy is the way of the society.Polygamy is wrong be it islam or hinduism.

 

[CricketCartoons]

It doesnt matter if its roman or greek or amazonian,monogamy is the way of the society.Polygamy is wrong be it islam or hinduism.

I don't think it should be called right or wrong. Polygamy made sense in ancient and medieval ages, just that in modern society, where a man and woman are equal as humans, this practice is extremely backward, and must be done away with.

 

[Civil]

one marriage is insane enough! Never understood why someone would want more.

But tbh, this is one thing that should be out of realm of government, how you marry and how you love, doesn't really shouldn't affect the mass public? Because private life should be private.

Also what is percentage of people that we are talking about. Is it something we can count on the hand or something very prevalent?

If its just a few people doing it, then let them use whatever excuse they want (be it religion etc.) and get on with their lives. Give them a reality show for all I care

much more important types of legislations that developing countries can focus on.

 

[enkidu_]

1.Murder and robberies happen to.The fear of law makes sure that most people dont do it.

2.The 1961 census ,the basis of the article has little value today.It most likely contains data from marriages before 1950 when the constitution of India came into being.So that data is hardly significant.

It doesnt matter if its roman or greek or amazonian,monogamy is the way of the society.Polygamy is wrong be it islam or hinduism.

The point of the article was to disassociate it as a "Islamic phenomenon".

It is illegal for non-Muslims in India to have more than one wife. In spite of this, many Hindus have multiple wives. Official reports brought out in 1974, almost two decades after the prohibition of Hindu bigamy, highlighted the shocking fact that polygamy among Hindus was higher than among Muslims (Adivasis: 15 per cent, Hindus: 5.8 per cent, Jains: 6.7 per cent, Buddhists: 7.9 per cent, Muslims: 5.6 per cent). Figures for subsequent decades are not available. The difference may appear insignificant but in real terms, it is huge — as many as one crore Hindu men had more than one wife, as opposed to just 12 lakh Muslims. In fact, according to the 2011 Census, 66 lakh women are still in bigamous marriages.

http://indianexpress.com/article/opinion/columns/three-is-a-crowd/

 

[PCP_1]

Anything that can be "intetpreted" has no realistic value.

Sent from my GT-S5280 using Tapatalk

 

[cricketjoshila]

The point of the article was to disassociate it as a "Islamic phenomenon".



http://indianexpress.com/article/opinion/columns/three-is-a-crowd/

The articles point is irrelevant today because in today's India only Muslims can practice polygamy.

And never have anyone suggested that in the past polygamy was an Islamic phenomenon only.

 

[CricketCartoons]

The point of the article was to disassociate it ONLY as a "Islamic phenomenon".

Fixed.

But the OP never talked about polygamy being exclusive to Muslims.

 

[enkidu_]

The articles point is irrelevant today because in today's India only Muslims can practice polygamy.

And never have anyone suggested that in the past polygamy was an Islamic phenomenon only.

In today India female infanticide is not "legal" I think, but it's still heavily practised. Even if we admit that no single Hindu lives "illegally" in bigamous/polygamous relationships, in absolute numbers it still towers over the Muslim figures, if you take into account the pre-50s statistics. At least the legal recognition gives some provisions to the other wife/wives :

Clandestine bigamy among Hindus has a worse effect than open polygamy among Muslims. Muslim men who have more than one wife, on the other hand, are legally bound to provide each not only residence but also proper maintenance. Thus, a Muslim woman is better off than the “second Hindu wife”, who has no legal status or rights under the law. The latter cannot even claim maintenance from her husband. In fact, in D. Velusamy (Supreme Court, 2010), the second Hindu wife was denied maintenance and held to be a “mistress”. This matter, too, needs urgent attention and intervention.

You're not suggesting it, but some PPers here seem to see it as the proof of yet "another" so called "Muslim appeasement", while it pertains more with Buddhists than Muslims.

 

[CricketCartoons]

In today India female infanticide is not "legal" I think, but it's still heavily practised. Even if we admit that no single Hindu lives "illegally" in bigamous/polygamous relationships, in absolute numbers it still towers over the Muslim figures, if you take into account the pre-50s statistics. At least the legal recognition gives some provisions to the other wife/wives :



You're not suggesting it, but some PPers here seem to see it as the proof of yet "another" so called "Muslim appeasement", while it pertains more with Buddhists than Muslims.

Why are you exhibiting your victim mentality. But But others do it too. Keep the discussion on topic and no need to bring your insecurities or grudges with other PPers into the discussion.

 

[Adil_94]

How prevalent is polygamy amongst Indian Muslims. Amongst Pakistani Muslims it's very low. Most Pakistani men can only cope with one mother in law. And while islamically it's allowed most people don't act on it. I thought it was mostly prevalent in Arab countries.


Sent from my iPad using Tapatalk

 

[PakSaffer82]

That is no excuse to remain backward. Hindu women were liberated through reforms to hindu personal laws. It is time muslim women are also empowered and muslim personal laws are reformed.

Hindu Marriage Act, 1955. Hindu man cannot marry or keep more than one woman or marry someone when he's already legally married to somebody.

According to Polygamy figures, hindus still marry and keep 2 women pr more than that which is rampant in states Rajasthan, Orissa, Madhya Pradesh, Uttarakhand, Uttar Pradesh, Himachal Pradesh, Bihar, Haryana. In Himachal Pradesh there is reverse polygamy where in one garhwali community a woman is married to 2 brothers and spends time and shares bed with them one by one which became part of a CNN documentary. There is another issue which results in polygamy that is female infanticide. Now when these are not covered by Hindu marriage law and you are targeting muslim personal law ruling from a controversial state Gujarat which according to Amnesty Int. openly practices discrimination and allow sanctions on muslim minority from getting govt. jobs.

Coming back to female infanticide cos of which gender ratio is severely affected in states like Haryana ompared this to the gender ratio in Pakistan [which has women gender 52% majority population] as well as Indian Muslims [49.9%]. Amongst South Asian muslims muslim societ, shuns, boycotts and sometimes results in violence with people who do marry again keeping their first marriage.

A lot of hindus like actor/actress Dharmendra & Hema Malini from 60s onwards used Muslim law to marry twice. Converted to get married, got a legal nikahnama but did'nt get to legally change their names. Arya Samaj issuing certifiicate to any couple of any religious background without any check whether they have bbeen married before.

Hindu friends need to solve these grave issues happening in their community which do get legal cover and contradiction in their laws before thinking about muslims.

 

[CricketCartoons]

Hindu friends need to solve these grave issues happening in their community which do get legal cover and contradiction in their laws before thinking about muslims.

Why should hindus get preferential treatment? Progress and reform must reach all.

 

[enkidu_]

Why are you exhibiting your victim mentality. But But others do it too. Keep the discussion on topic and no need to bring your insecurities or grudges with other PPers into the discussion.

No exhibition, but it fuels Hindutva rhetoric to keep polygamy restrained to Muslims of India. I just make sure that the wider picture is taken into account.

Some Indian men are marrying multiple wives to help beat drought

How prevalent is polygamy amongst Indian Muslims. Amongst Pakistani Muslims it's very low. Most Pakistani men can only cope with one mother in law. And while islamically it's allowed most people don't act on it. I thought it was mostly prevalent in Arab countries.

Sent from my iPad using Tapatalk

Most in Arab world can't either I guess, numbers probably float around 2-3%, basically the "économic élite".

Polygamy has been instated by the Divine Law for rich men in order to distribute money amongst the poorer peoples ; because only rich men can marry many women, the descendants of these women will take four women and give money to poor families, and so on. It's perpetual upward social mobility, and many ended caliphs that way.

 

[CricketCartoons]

No exhibition, but it fuels Hindutva rhetoric to keep polygamy restrained to Muslims of India. I just make sure that the wider picture is taken into account.

Then create a thread on it to inform everyone about the wider picture, instead of going offtopic on a thread on a specific issue.

Most in Arab world can't either I guess, numbers probably float around 2-3%, basically the "économic élite".

Polygamy has been instated by the Divine Law for rich men in order to distribute money amongst the poorer peoples ; because only rich men can marry many women, the descendants of these women will take four women and give money to poor families, and so on. It's perpetual upward social mobility, and many ended caliphs that way.

Is that explicitly stated, or your interpretation?

 

[Stewie]

Every time I even mention a second wife to my first wife, she threatens me with the belan.

So I dont really think women are the victims here. Men are. Its like dangling a carrot in front of a donkey. We go around salivating over women while being married to one who is watching with a cruel smile on her a face and a gandasa in the other. Zara phisley nahi aur museebat nazil hui nahi.


Oye tum mardood non muslims ko kia pata, kitna bara zulm hai ye.


I am with the HC judge. Strike it out. . Just let us have extra marital affairs like the rest of the normal world.

 

[CricketCartoons]

Every time I even mention a second wife to my first wife, she threatens me with the belan.

So I dont really think women are the victims here. Men are. Its like dangling a carrot in front of a donkey. We go around salivating over women while being married to one who is watching with a cruel smile on her a face and a gandasa in the other. Zara phisley nahi aur museebat nazil hui nahi.


Oye tum mardood non muslims ko kia pata, kitna bara zulm hai ye.


I am with the HC judge. Strike it out. . Just let us have extra marital affairs like the rest of the normal world.

You should marry more women, because according to enkidu, it is divine law to help rich distribute their wealth to the poor. Nevermind, if you are not rich.

 

[Stewie]

You should marry more women, because according to enkidu, it is divine law to help rich distribute their wealth to the poor. Nevermind, if you are not rich.

koi nazar mein hai to batao, cartoon.

 

[Cpt. Rishwat]

I am with the HC judge. Strike it out. . Just let us have extra marital affairs like the rest of the normal world.

I think that is the only realistic way forward and it works for the modern world. No strings attached, no commitments and what the other half doesn't know can't hurt them.

 

[CricketCartoons]

koi nazar mein hai to batao, cartoon.

I am struggling to get my first wife...

 

[the Great Khan]

India should just ban Islam. That way we won't have to read threads like this..

 

[Stewie]

I am struggling to get my first wife...

color me surprised. Kabhi PP ki jaan chor ker bahir bhi dekh lia karo, meri jaan. Bilkul cartoon ban ker reh jao gay agar koi larki na mili. man up, turn off that damn laptop, iron your clothes, shower, shave, put some gel on your head if you still got any hair left and go out in the streets of Kolcutta and look for an Indian wife so you can truly be an Indian citizen.

You feel me, Bengali Babu?

 

[Stewie]

I am struggling to get my first wife...

By the way now this thread and this quote has potential. I am thinking the kind of potential to be in my signature.

 

[CricketCartoons]

color me surprised. Kabhi PP ki jaan chor ker bahir bhi dekh lia karo, meri jaan. Bilkul cartoon ban ker reh jao gay agar koi larki na mili. man up, turn off that damn laptop, iron your clothes, shower, shave, put some gel on your head if you still got any hair left and go out in the streets of Kolcutta and look for an Indian wife so you can truly be an Indian citizen.

You feel me, Bengali Babu?

I will prefer PP over any girl, any time of the day.

 

[Stewie]

I am struggling to get my first wife...

Ok I am having A THIRD GO AT THIS QUOTE.


Just to be clear you did mean you are having trouble finding a suitable match for yourself and not that you are married and your wife happens to be very good at evasive maneuvers and you just cant catch a break these days? Cuz a dodging wife and a hapless husband is exactly what I dont want to think about right now. it ends up being an emotional charged mental picture which can scar one for the rest of his/her life.

 

[Stewie]

I will prefer PP over any girl, any time of the day.

Who is this PP guy and does he reciprocate your sentiments?

 

[CricketCartoons]

Who is this PP guy and does he reciprocate your sentiments?

I can answer everything, but that can happen in my intro thread. Lets keep this one to topic.

 

[PakSaffer82]

India should just ban Islam. That way we won't have to read threads like this..

Hahaha, they're going towards this. Feel sick with their idiotic issues and grudges with muslims' faith and lifestyle. It kinda end the mislim issue and start the dalit issue.

 

[Rishikesh]

Nearly all India's Muslim women reject 'triple talaq', polygamy, survey finds

NEW DELHI (Thomson Reuters Foundation) - More than 90 percent of Muslim women surveyed in India want the "triple talaq" divorce ritual and polygamy banned from family civil law in the country, a study by a women's rights organisation said on Friday.

The Bharatiya Muslim Mahila Andolan (BMMA) said its survey also showed that three quarters of interviewees wanted a ban on child marriage, indicating a need for reforms in the Muslim personal law which governs family-related issues in India.

Activists say the current law discriminates against women and are calling for a well-defined Muslim law that criminalises polygamy, unilateral divorce, child custody and child marriage.

"It (the survey) suggests that Muslim women are aware of their legal rights and are determined to attain justice in family matters. An overwhelming number of women demand reforms in Muslim personal law as is prevalent in India today," said a statement from the BMMA.

"They want an elaborate codified law based on the Koranic justice framework to cover matters such as age of marriage, divorce procedures, polygamy, maintenance and custody of children."

Muslims are India's largest religious minority, making up more than 13 percent of the country's 1.2 billion population, yet government data shows they are among some of the most excluded and marginalised communities.

Social indicators amongst Muslim women in particular are lower than average in the country.

For example, the literacy rate for Muslim women is just 50 percent compared to nearly 68 percent for Muslim men, and below the national average for women of 53 percent, said the report.

Only one in 100 Muslim women are graduates, while an average of 37 percent of Indian women overall have had a tertiary education, it added.

The BMMA said that while there was an urgent need to improve Muslim women's access to healthcare, education and employment, it was also essential to address their "legal marginalisation".

The study, which surveyed 4,710 Muslim married women across 10 Indian states, found nearly 92 percent of respondents said a Muslim man should not be allowed to have another wife during the first marriage.

It also found that more than 88 percent of women interviewed wanted the legal divorce method to be the "talaq-e-ahsan" method -- a practice spread over a period of 90 days and involving negotiation.

Many women surveyed had experienced triple talaq, under which a Muslim man can repeat the word "talaq" three times to divorce his wife.

The survey said some respondents were divorced orally, others by letters from their husbands, and some over the phone or by SMS. More than 78 percent had no say in the decision.

"The study has brought out a major injustice faced by Indian Muslim women through decades in the form of oral unilateral divorce or triple talaq," said the report.

http://in.reuters.com/article/2015/08/21/india-women-islam-tripletalaq-idINKCN0QQ1ZX20150821

 

[Garuda]

The HC was approached by the Muslim woman as her husband remarried without her approval.

The Islamic law didn't give her justice.

The court wants to give her justice but can't as the husband is hiding behind Muslim personal law.

How can people not support uniform civil law? Remember this is not a solitary case.


Sent from my iPhone using Tapatalk

 

[cricketjoshila]

The HC was approached by the Muslim woman as her husband remarried without her approval.

The Islamic law didn't give her justice.

The court wants to give her justice but can't as the husband is hiding behind Muslim personal law.

How can people not support uniform civil law? Remember this is not a solitary case.


Sent from my iPhone using Tapatalk

Modi govt must bring about the changes.They will get support from Muslim woman most muslim men.The sickulars will be in a fix.If they oppose it they will be torn apart by woman's right organisations.

 

[the Great Khan]

Hahaha, they're going towards this. Feel sick with their idiotic issues and grudges with muslims' faith and lifestyle. It kinda end the mislim issue and start the dalit issue.

Look they're just jealous of us. Deep down they want to be us..but that's OK we're burray dil walay..we will welcome them in the fold..

 

[Thomaskutty]

Nearly all India's Muslim women reject 'triple talaq', polygamy, survey finds

NEW DELHI (Thomson Reuters Foundation) - More than 90 percent of Muslim women surveyed in India want the "triple talaq" divorce ritual and polygamy banned from family civil law in the country, a study by a women's rights organisation said on Friday.

The Bharatiya Muslim Mahila Andolan (BMMA) said its survey also showed that three quarters of interviewees wanted a ban on child marriage, indicating a need for reforms in the Muslim personal law which governs family-related issues in India.

Activists say the current law discriminates against women and are calling for a well-defined Muslim law that criminalises polygamy, unilateral divorce, child custody and child marriage.

"It (the survey) suggests that Muslim women are aware of their legal rights and are determined to attain justice in family matters. An overwhelming number of women demand reforms in Muslim personal law as is prevalent in India today," said a statement from the BMMA.

"They want an elaborate codified law based on the Koranic justice framework to cover matters such as age of marriage, divorce procedures, polygamy, maintenance and custody of children."

Muslims are India's largest religious minority, making up more than 13 percent of the country's 1.2 billion population, yet government data shows they are among some of the most excluded and marginalised communities.

Social indicators amongst Muslim women in particular are lower than average in the country.

For example, the literacy rate for Muslim women is just 50 percent compared to nearly 68 percent for Muslim men, and below the national average for women of 53 percent, said the report.

Only one in 100 Muslim women are graduates, while an average of 37 percent of Indian women overall have had a tertiary education, it added.

The BMMA said that while there was an urgent need to improve Muslim women's access to healthcare, education and employment, it was also essential to address their "legal marginalisation".

The study, which surveyed 4,710 Muslim married women across 10 Indian states, found nearly 92 percent of respondents said a Muslim man should not be allowed to have another wife during the first marriage.

It also found that more than 88 percent of women interviewed wanted the legal divorce method to be the "talaq-e-ahsan" method -- a practice spread over a period of 90 days and involving negotiation.

Many women surveyed had experienced triple talaq, under which a Muslim man can repeat the word "talaq" three times to divorce his wife.

The survey said some respondents were divorced orally, others by letters from their husbands, and some over the phone or by SMS. More than 78 percent had no say in the decision.

"The study has brought out a major injustice faced by Indian Muslim women through decades in the form of oral unilateral divorce or triple talaq," said the report.

http://in.reuters.com/article/2015/08/21/india-women-islam-tripletalaq-idINKCN0QQ1ZX20150821

This is good but they should survey the muslim men.. they are the ones who matter.Obviously all the muslim women would vote to abolish the misogynistic practices of triple chant and polygamy.

 

[Ottoman]

That is no excuse to remain backward. Hindu women were liberated through reforms to hindu personal laws. It is time muslim women are also empowered and muslim personal laws are reformed.

Islam has already given them (women) enough independence & power, if they don't want to use it thats upto them bro.

If a women says in front of a judge that she doesn't want to live with her husband then even a most biased judge can't prevent her from getting Khulla (Talaq).

So bro there is no need of more liberation and u can't modify a religion on the wishes on one person.

 

[CricketCartoons]

Islam has already given them (women) enough independence & power, if they don't want to use it thats upto them bro.

If a women says in front of a judge that she doesn't want to live with her husband then even a most biased judge can't prevent her from getting Khulla (Talaq).

So bro there is no need of more liberation and u can't modify a religion on the wishes on one person.

I am not talking about changing Islam. I am for removing the supremacy of Muslim Personal Laws and over ride it by modern laws. Most muslim women in India are against polygamy and unilateral divorce. So the state must step in to redress the grievances of its citizens.

 

[JaDed]

No exhibition, but it fuels Hindutva rhetoric to keep polygamy restrained to Muslims of India. I just make sure that the wider picture is taken into account.

Some Indian men are marrying multiple wives to help beat drought



Most in Arab world can't either I guess, numbers probably float around 2-3%, basically the "économic élite".

Polygamy has been instated by the Divine Law for rich men in order to distribute money amongst the poorer peoples ; because only rich men can marry many women, the descendants of these women will take four women and give money to poor families, and so on. It's perpetual upward social mobility, and many ended caliphs that way.

) love the way Men justify their laws in middle east

 

[JaDed]

Nearly all India's Muslim women reject 'triple talaq', polygamy, survey finds

NEW DELHI (Thomson Reuters Foundation) - More than 90 percent of Muslim women surveyed in India want the "triple talaq" divorce ritual and polygamy banned from family civil law in the country, a study by a women's rights organisation said on Friday.

The Bharatiya Muslim Mahila Andolan (BMMA) said its survey also showed that three quarters of interviewees wanted a ban on child marriage, indicating a need for reforms in the Muslim personal law which governs family-related issues in India.

Activists say the current law discriminates against women and are calling for a well-defined Muslim law that criminalises polygamy, unilateral divorce, child custody and child marriage.

"It (the survey) suggests that Muslim women are aware of their legal rights and are determined to attain justice in family matters. An overwhelming number of women demand reforms in Muslim personal law as is prevalent in India today," said a statement from the BMMA.

"They want an elaborate codified law based on the Koranic justice framework to cover matters such as age of marriage, divorce procedures, polygamy, maintenance and custody of children."

Muslims are India's largest religious minority, making up more than 13 percent of the country's 1.2 billion population, yet government data shows they are among some of the most excluded and marginalised communities.

Social indicators amongst Muslim women in particular are lower than average in the country.

For example, the literacy rate for Muslim women is just 50 percent compared to nearly 68 percent for Muslim men, and below the national average for women of 53 percent, said the report.

Only one in 100 Muslim women are graduates, while an average of 37 percent of Indian women overall have had a tertiary education, it added.

The BMMA said that while there was an urgent need to improve Muslim women's access to healthcare, education and employment, it was also essential to address their "legal marginalisation".

The study, which surveyed 4,710 Muslim married women across 10 Indian states, found nearly 92 percent of respondents said a Muslim man should not be allowed to have another wife during the first marriage.

It also found that more than 88 percent of women interviewed wanted the legal divorce method to be the "talaq-e-ahsan" method -- a practice spread over a period of 90 days and involving negotiation.

Many women surveyed had experienced triple talaq, under which a Muslim man can repeat the word "talaq" three times to divorce his wife.

The survey said some respondents were divorced orally, others by letters from their husbands, and some over the phone or by SMS. More than 78 percent had no say in the decision.

"The study has brought out a major injustice faced by Indian Muslim women through decades in the form of oral unilateral divorce or triple talaq," said the report.

http://in.reuters.com/article/2015/08/21/india-women-islam-tripletalaq-idINKCN0QQ1ZX20150821

Who are they to reject God's laws didn't you know its made for the betterment of poor girls to make sure the wealth reaches to everyone not for any lust,women need to understand that its for their own good.

 

[JaDed]

Basically the Gujarat high court should stay out of it if the Muslim women want the reform they should fight for it themselves not expect the men to change it for them.Don't know when the Asian women will learn to stop depending on men.

 

[CricketCartoons]

Basically the Gujarat high court should stay out of it if the Muslim women want the reform they should fight for it themselves not expect the men to change it for them.Don't know when the Asian women will learn to stop depending on men.

So Gujarat High Court is a male body, and a female High Court should be formed to take up this issue. Madrasi education at work again!

 

[JaDed]

So Gujarat High Court is a male body, and a female High Court should be formed to take up this issue. Madrasi education at work again!

Erm no Gujarat High court has no say in Personal Islamic Law the Muslim women should fight for it against the Sharia Board.
If Indian court was allowed to interfere in it then great but by passing comments on it they only weaken the case.
Also don't assume stuff and label things.

 

[CricketCartoons]

Erm no Gujarat High court has no say in Personal Islamic Law the Muslim women should fight for it against the Sharia Board.
If Indian court was allowed to interfere in it then great but by passing comments on it they only weaken the case.
Also don't assume stuff and label things.

LOL. You keep giving. So they should get Islamic rulings changed? Do you even have any idea what you are talking about? The only authority who can solve this issue are the courts by overriding the rulings of AIMPLB, not amending the shariah laws itself.

 

[JaDed]

LOL. You keep giving. So they should get Islamic rulings changed? Do you even have any idea what you are talking about? The only authority who can solve this issue are the courts by overriding the rulings of AIMPLB, not amending the shariah laws itself.

Yeah well its only a law and only one part of it.

 

[Ottoman]

I am not talking about changing Islam. I am for removing the supremacy of Muslim Personal Laws and over ride it by modern laws. Most muslim women in India are against polygamy and unilateral divorce. So the state must step in to redress the grievances of its citizens.

Bro again its the weakness of the women. If u see a Muslim Nikah Nama, it has a clause in it which takes the right of divorce from men and gives it to women.

Another law which was just abolished in Pakistan was to obtain a written consent from his first wife before doing a 2nd Nikah.

 

[MenInG]

Ahmedabad: Overturning a family court's order, the Gujarat High Court has said a woman cannot be forced to cohabit (live) with her husband and establish conjugal rights with him even by a court's decree.

The high court also observed that the first wife may decline to live with her husband on the ground that the "Muslim law permits the polygamy, but has never encouraged it".

"The Muslim law, as forced in India, has considered polygamy as an institution to be tolerated, but not encouraged, and has not conferred upon the husband any fundamental right to compel his wife to share his consortium with another woman in all circumstances," it further observed in a recent order.

The high court cited the Delhi High Court's recent order, which said the Uniform Civil Code (UCC) should not remain a mere hope in the Constitution.

The Gujarat High Court's division bench of Justices JB Pardiwala and Niral Mehta said the decision in a suit for the restitution of conjugal rights does not depend entirely on the husband's right, and the family court should also consider whether it would make it inequitable for it to compel the wife to live with her husband.

The bench said this while allowing a plea filed by a woman challenging the July 2021 order of a family court in Banaskantha district of Gujarat, which had directed her to go back to her matrimonial home and perform her marital obligation.

The couple's 'Nikah' was performed on May 25, 2010 at Palanpur in Banaskantha and they had a son in July 2015.

As per the plea, the woman, a qualified nurse working at a civil hospital, took her son and left her husband and in-laws in July 2017, after they compelled her to migrate to Australia and take up a job there.

The woman in her plea said she was against the idea and hence, left her matrimonial home with her son.

The high court quoted order XXI rule 32(1) and (3) of the Civil Procedure Code (CPC) and said "no person can force a female or his wife to cohabit and establish conjugal rights. If the wife refuses to cohabit, in such a case, she cannot be forced by a decree in a suit to establish conjugal rights".

As per the woman's husband, she left home "without any lawful ground".

When persuasion to bring her back failed, her husband moved the family court, which passed a decree for the restitution of conjugal rights in favour of the husband.

The high court observed that the family court arrived at the conclusion "based on conjecture that being a working woman, she could not come up with her household responsibilities and therefore, thought fit to walk out of her matrimonial home on a lame excuse of being harassed by her husband and other family members".

"Our notions of law in that regard have to be altered in such a way as to bring them in conformity with the modern social conditions," the high court observed.

"Nothing has been shown to us in the form of any rule or otherwise which compel the courts to always pass a decree in a suit for restitution of conjugal rights in favour of the husband," it said.

If a court feels that the husband, who has filed such a suit, is himself unworthy or has some ulterior motive, it may refuse him assistance altogether, the bench said.

The high court questioned whether it would be right to allow such a suit in favour of a husband even when he has meanwhile married another woman while his first wife was away, simply "on the ground that a Muslim under his personal law can have several wives, at a time up to a maximum four".

The high court said a wife may decline to live with her husband on the ground that the Muslim law permits the polygamy, but has never encouraged it.

The high court cited a Delhi High Court order of July 7, 2021 on the Uniform Civil Code, in which it observed that the UCC should not remain a mere hope in the Constitution.

While expressing regret over the conflicts in the society due to differences in various personal laws, the court observed that in modern Indian society, which is gradually becoming homogeneous, the traditional barriers of religion, community and caste are slowly dissipating.

"The youth of India belonging to various communities, tribes, castes or religions who solemnise their marriages ought not to be forced to struggle with issues arising due to conflicts in various personal laws, especially in relation to marriage and divorce," it said, quoting the order.

https://www.ndtv.com/india-news/on-...fes-rights-2679504#pfrom=home-ndtv_topstories

 

[Justcrazy]

So , If Krishna was alive today, he would be in big trouble according to RSS logic!

 

[Local.Dada]

So , If Krishna was alive today, he would be in big trouble according to RSS logic!

False equivalence. Indian constitution is not based on any religion. For most if not all religions, polygamy is banned. It’s only some Muslim leaders invoke the religion card for polygamy.

In fact a lot of people have taken a shortcut to convert to Islam just to take advantage of this loophole. Dharmendra the actor has done that, Few years back some minister/MLA did that too. They didn’t really care for any religion. Do you think that gives Islam a good name because of these kind of idiot?

Not everything has to be saazish against Muslims or RSS brutality. How difficult is it to understand that polygamy has no place in any civil society in 2021. It’s a universal law applicable to everyone not based on any religious tent .

 

[Justcrazy]

False equivalence. Indian constitution is not based on any religion. For most if not all religions, polygamy is banned. It’s only some Muslim leaders invoke the religion card for polygamy.

In fact a lot of people have taken a shortcut to convert to Islam just to take advantage of this loophole. Dharmendra the actor has done that, Few years back some minister/MLA did that too. They didn’t really care for any religion. Do you think that gives Islam a good name because of these kind of idiot?

Not everything has to be saazish against Muslims or RSS brutality. How difficult is it to understand that polygamy has no place in any civil society in 2021. It’s a universal law applicable to everyone not based on any religious tent .

Yes I know the Indian constitution is NOT based on any religion , but the same constitution gives religious freedom to its citizens , and having personal laws in certain matters is part of religious freedom.

Yes , I know there are people who use Islam to get second marriage or third whatever , but that does not eman the Islamic laws are wrong. For example there is section 498 under IPC , which is clearly supporting females , and there are many cases where the women have taken advantage of that , but the Indian Legislature has not repealed it. In any society there will be loopholes , you cannot cover everything , because this is not the fault of religion but humans.

Now coming to the Krishna thing , I would say that if he was present today , that act would be considered as punishable , I said If he was alive today .

Why is polygamy not acceptable today ? For a Muslim the law of Quran is acceptable against anyone. A Muslim is believer in Book of Allah , each and every word is divine and acceptable .

Now , if you have issues with polygamy , I am open to this discussion , whether polygamy is required or not in the society. But the condition of debate will be polygamy as according to Islam

You are welcome to have discussion , just respond by saying yes.

 

[moghul]

http://www.firstpost.com/india/guja...sion-bats-for-uniform-civil-code-2497134.html

" Muslim men to have more than one wife and the provision of polygamy was being misused by them for selfish reasons".

I agree with that 100%, I know many muslim scholars also agree with this .

 

[Justcrazy]

" Muslim men to have more than one wife and the provision of polygamy was being misused by them for selfish reasons".

I agree with that 100%, I know many muslim scholars also agree with this .

If people are misusing that so it should be banned?

 

[Itachi]

If people are misusing that so it should be banned?

Yes. Many psychiatric drugs were available during 1950s as over the counter medicine but as soon as people started misusing it, it was banned.

 

[RajBan]

On a serious note I salute all Muslim or non Muslim men who have multiple marriages. It takes immense courage and strength to manage one wife, those who can do more needs some serious applause. Maybe a whitepaper to unravel the secrets of their success or failure might show pathway to some of us mortals.

 

[MenInG]

On a serious note I salute all Muslim or non Muslim men who have multiple marriages. It takes immense courage and strength to manage one wife, those who can do more needs some serious applause. Maybe a whitepaper to unravel the secrets of their success or failure might show pathway to some of us mortals.

Hear hear. Exactly and think about the multiple in-laws to deal with!

 

[RajBan]

Hear hear. Exactly and think about the multiple in-laws to deal with!

True. How can we forget about that !!!

 

[Justcrazy]

Yes. Many psychiatric drugs were available during 1950s as over the counter medicine but as soon as people started misusing it, it was banned.

This is not a commodity we are talking about.

Muslims believe that Quran is a divine book , and those are the laws that have to be followed. I do not think any Muslim on this forum will have any doubt about it.

 

[Justcrazy]

On a serious note I salute all Muslim or non Muslim men who have multiple marriages. It takes immense courage and strength to manage one wife, those who can do more needs some serious applause. Maybe a whitepaper to unravel the secrets of their success or failure might show pathway to some of us mortals.

Having a second or third wife is an option it's not obligatory. Islamic laws are very flexible and have solutions for various issues that we face in our day-to-day lives. Polygamy has been part of every major religion, Islam has only restricted it to four wives.

 

[Justcrazy]

Hear hear. Exactly and think about the multiple in-laws to deal with!

What about people who marry some orphan! with no in laws .

 

[Ashmal]

Yes. Many psychiatric drugs were available during 1950s as over the counter medicine but as soon as people started misusing it, it was banned.

Poor analogy.

Going by your logic, there would be no laws as most of them can be misused by people in some way or other.

For example, a girl misuses the anti-harrasment law by falsely implicating an innocent man.
By your logic, we should ban the law itself rather than punishing the wrongdoer.

 

[Itachi]

This is not a commodity we are talking about.

Muslims believe that Quran is a divine book , and those are the laws that have to be followed. I do not think any Muslim on this forum will have any doubt about it.

Its a commodity in the eyes of a non muslim. If there is 100% Muslims in a country, then it's not an issue. But Muslims don't live in isolation and you have to accept that sometimes the laws of the land will conflict with what Quran says.

 

[Itachi]

Poor analogy.

Going by your logic, there would be no laws as most of them can be misused by people in some way or other.

For example, a girl misuses the anti-harrasment law by falsely implicating an innocent man.
By your logic, we should ban the law itself rather than punishing the wrongdoer.

If that's the case, every country would have allowed guns to be carry by everyone without any ban from common public.

 

[IAJ]

False equivalence. Indian constitution is not based on any religion. For most if not all religions, polygamy is banned. It’s only some Muslim leaders invoke the religion card for polygamy.

In fact a lot of people have taken a shortcut to convert to Islam just to take advantage of this loophole. Dharmendra the actor has done that, Few years back some minister/MLA did that too. They didn’t really care for any religion. Do you think that gives Islam a good name because of these kind of idiot?

Not everything has to be saazish against Muslims or RSS brutality. How difficult is it to understand that polygamy has no place in any civil society in 2021. It’s a universal law applicable to everyone not based on any religious tent .

Lol, in this "civil society" you can have multiple lovers, you can have one night stands every week, you can have reality shows and pornographic movies where women are just used as toys, but whenever it comes to muslim laws, they start talking about 'civil society'. Do you think having two wives can be achieved by snap of the fingers? Go and educate yourself on the conditions and you will understand a bit more about the subject.