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India’s Muslim Women criticize justification for Triple Talaq and Polygamy, tag it as ‘medieval’

The All India Muslim Personal Law Board (AIMPLB) told the court that triple talaq was necessary, saying men have greater reasoning power compared to women

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Muslim brides wait for the start of their mass marriage ceremony in Mumbai May 11, 2014. A total of 35 Muslim couples took wedding vows during the mass marriage ceremony organised by a Muslim voluntary organisation, organisers said. REUTERS/Danish Siddiqui (INDIA - Tags: SOCIETY RELIGION TPX IMAGES OF THE DAY) FOR BEST QUALITY IMAGE ALSO SEE: GF2EA830FPC01 - RTR3OO39

– by Nita Bhalla

NEW DELHI, Sept 07, 2016: Muslim women fighting to ban “triple talaq” divorce and polygamy from family civil law in India’s top court condemned on Tuesday  justifications given by Islamic clerics as “medieval” and “reeking of sexism”.

India’s Supreme Court is currently hearing a petition filed by women’s rights activists who want the judiciary to declare triple talaq – where Muslim men can divorce by simply stating their intention three times verbally – as unconstitutional.

The Indian constitution allows most religions, including  Muslims – the biggest religious minority group – to regulate matters such as marriage, divorce and inheritance through their own civil code.

The All India Muslim Personal Law Board (AIMPLB), a non-governmental body which oversees the application of Muslim personal law, opposes any ban on triple talaq and polygamy.

It told the court on Friday that triple talaq was necessary, saying men have greater reasoning power compared to women, and that a man giving triple talaq to his wife was a better option than murdering her or burning her alive.

The AIMPLB also argued that polygamy was a “social need” and a “blessing” as a lawful second wife was better than an unlawful mistress and added that it gave divorced or widowed women more opportunity to remarry.

“Muslim women in India have suffered because of triple talaq where arbitrary divorces declared over postcards or telegrams have been sustained,” said campaign group Bharatiya Muslim Mahila Andolan (BMMA), or the India Muslim Women’s Movement.

“AIMPLB’s argument that a Muslim man can delegate his power of pronouncing talaq to his wife is laughable – this can hardly be expected to happen in real life if the wife wants a divorce but husband doesn’t,” it said in a statement on Tuesday.

https://twitter.com/NewsGram1/status/745920454267928577

The group said the AIMPLB’s justification for polygamy was “bizarre” as it had suggested the practice of a man having up to four wives stemmed from a concern and sympathy for women.

“The truth is Muslim personal laws – like other religious laws – flow from patriarchy and relegate women to second class status,” said the BMMA.

It said triple talaq had been banned in more than 20 Muslim-majority countries, including Pakistan and Bangladesh while polygamy was prohibited in Turkey and Turkmenistan among other countries.

Muslims make up more than 13 percent of the country’s 1.2 billion people, yet they are among some of the most marginalised communities.

Social indicators amongst Muslim women such as literacy, mortality and employment rates are lower than the national average, say activists.

Triple talaq is unilateral, arbitrary and contravenes both the constitution and the principles of gender justice in Islam, BMMA said. In India, a secular democracy, religious laws could not overwrite the constitutional right to equality, it added. (Reuters)

 

  • Manthra koliyer

    Polygamy should not be encouraged

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U.S. President Donald Trump Interviews Indian American Judge Under Consideration

However, other factors such as immigration, the powers of the president and any possible litigation involving the 2016 election of Trump and the alleged Russian interference are at play.

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Donald Trump
Earlier on Monday, Trump appointed his Deputy Principal Press Secretary Raj Shah to a key role in the difficult process of getting his nominee for the Supreme Court approved by the Senate. VOA

Indian American federal appeals court judge Amul Thapar has emerged as a “serious” contender for a spot in the US Supreme court and has been interviewed for the position by President Donald Trump, according media reports.

He was one of four judges interviewed for the position on the nation’s highest court by Trump on Monday, according to The Washington Post and other media outlets that quoted unnamed sources who had been briefed about the meetings.

Trump’s Spokesperson Sarah Sanders confirmed that he met for 45 minutes with four candidates, but would not identify them.

Trump has said he would announce his pick next Monday.

Thapar was appointed by Trump last year to the federal Sixth Circuit Appeals Court based in Cincinnati, Ohio, that covers four states including his home state of Kentucky.

Considered a conservative, Thapar, 49, had served as a federal prosecutor before President George W. Bush appointed him a judge of the federal court for Eastern Kentucky by in 2007.

Thapar has the backing of Mitch McConnell, the influential Senate Majority Leader from Kentucky, for the Supreme Court vacancy caused by the retirement of Justice Anthony Kennedy last month.

“I think he’s absolutely brilliant, with the right temperament,” McConnell said on Saturday.

The Washington Post said Trump’s meeting with Thapar “was described by several White House aides as both a gesture of respect for the Senate GOP leader and evidence that he is in serious contention”.

He is the second Indian-American judge to be a leading contender for the Supreme Court showing the community’s reach across both parties and its influence.

Washington Appeals Court Judge Sri Srinivasan was among the top choices considered by then President Barack Obama for the Supreme Court in 2016.

Obama ultimately picked Merrick Garland but McConnell blocked the nomination refusing to take it up for Senate’s consideration citing the presidential election coming up later that year.

Earlier on Monday, Trump appointed his Deputy Principal Press Secretary Raj Shah to a key role in the difficult process of getting his nominee for the Supreme Court approved by the Senate.

“Raj Shah will oversee communications, strategy and messaging coordination with Capitol Hill allies,” Sanders said in a statement.

Legalised abortion that many countries like India take for granted is looming over the selection of the next Supreme Court judge, with many Senators making it the litmus test to vote for or against a nominee.

It is likely that a case involving abortions may come up before the Supreme Court leaving open the possibility a conservative majority bench could overturn its 1973 ruling legalising it.

During his election campaign Trump changed his stance and came out as an opponent of abortions and said that he would appoint judges with the same view.

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Raj Thapar told the newspaper that his son’s only dream was to become a Supreme Court Justice. Pixabay

But he said last week that he would not discuss with candidates their views on abortion.

The Republicans have slender two-vote lead in the 100-member Senate and at least one Senator from the party, Susan Collins, has said that keeping abortions legal would be a requirement for supporting the Trump nominee and another, Lisa Murkowski, has previously opposed efforts to overturn the 1973 ruling.

The 49 Democrats and the two independents are all expected to oppose any Trump nominee and Shah will have to work with Republicans in Congress to get a majority backing for the candidate.

However, other factors such as immigration, the powers of the president and any possible litigation involving the 2016 election of Trump and the alleged Russian interference are at play.

Thapar is widely considered to conservative in his approach, which aligns him with Trump and his base.

His father, Raj Thapar, told Courier Journal that his son is so conservative that he “nearly wouldn’t speak to me after I voted for Barack Obama.”

Thapar was born in Detroit and his family wanted him to become a doctor, but he chose law instead, the newspaper said.

Raj Thapar told the newspaper that his son’s only dream was to become a Supreme Court Justice.

Amul’s maternal grandfather had impressed on him how Mahatma Gandhi had defeated the British using non violence, Raj Thapar told the newspaper.

According his father, Amul had converted to Catholicism when he married Kim Schulte, a real estate agent, Courier Journal reported.

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During his election campaign Trump changed his stance and came out as an opponent of abortions and said that he would appoint judges with the same view. Pixabay

Thapar’s mother Veena Bhalla sold a successful restaurant after 9/11 to work as a civilian clinical social worker to help soldiers returning from the battlefield, the newspaper reported quoting McConnell.

Also Read: Indian Embassy in Abu Dhabi Urges Indians To Report To Any Instance of Salary Delay

According to Thapar’s bio for a convention of the National Asian Pacific American Bar Association his father had come to the US to study and after graduating went to work for Ford Motor Company.

Later, he bought a share of a heating and air conditioning company. (IANS)