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Sharia is matter of Life and Death for Muslims, says All India Muslim Personal Law Board Secretary

Moulana Rehmani made it clear that the Muslim board will neither get provoked nor be coward in dealing with the Sharia issue

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Representational image. Pixabay

Hyderabad, October 20, 2016: All India Muslim Personal Law Board (AIMPLB) Secretary Moulana Khalid Saifullah Rehmani has said that Muslim Personal Law is a matter of life and death for Muslims.

He said Muslims will shed their last drop of blood, offer their heads and make any sacrifice but will never bow to any law which stops them from obeying the orders of ‘Allah’ and the Prophet Mohammed.

The eminent Islamic scholar was addressing a public meeting organised by AIMPLB here on Wednesday night to oppose the attempts to impose Uniform Civil Code (UCC).

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The public meeting held at Darussalam, the headquarters of All India Majlis-e-Ittehadul Muslimeen (AIMIM) and was addressed by leaders from all Islamic sects and schools of thought.

A large number of women also attended the meeting, which was also addressed by five women members of the board.

Moulana Rehmani made it clear that the board will neither get provoked nor be coward in dealing with the issue.

He clarified that the board boycotted the questionnaire of the Law Commission as it was framed in a manner to give an impression that UCC is a constitutional process. He, however, said they were not boycotting Law Commission and that is why the board has taken up a signature campaign.

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AIMPLB Secretary advised Muslims to be cautious about a misleading pro forma being circulated on the social media. He said this mischievous pro forma had an additional fourth point that there is need for reforms in Muslim Personal Law.

On the permissions being sought by certain Muslim organisations for taking out rallies on the issue, he advised them to follow directions of the board.

Stating that UCC is an attempt to snatch the identity of Muslims, he urged the community to rise above sects and organisations for a united struggle to protect Sharia.

Moulana Rehmani said Muslim Personal Law was protected by Article 25 of the Constitution, which has given citizens the right to believe, practice and preach their religion.

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Condemning attempts to defame Muslims, he said all surveys show that Muslims have least rate of divorce and polygamy compared to other communities in the country.

Hamid Mohammed Khan, chief of Jamat-e-Islami’s Telangana and Odisha unit said the National Democratic Alliance government was trying to impose UCC to cover its failures on all fronts. He said the BJP-led government was working for communal polarisation with an eye on ensuing elections in Uttar Pradesh.

Condemning the attempt to bring changes to Muslim Personal Law, he pointed out that the country already has a uniform criminal law and 99 per cent of even civil laws are uniform.(IANS)

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Supreme Court’s Decision to Ban “Triple Talaq” is a big Relief for India Muslim Women

The judgment of the Supreme Court said that triple talaq was "not integral to religious practice and violates constitutional morality."

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Triple talaq
Activists of various social organisations hold placards during a protest against "Triple Talaq" in New Delhi, India, Wednesday, May 10, 2017. (VOA)
  • The judgment of the Supreme Court is being hailed as a huge victory for India’s Muslim women
  • A panel of five judges representing India’s major faiths, namely, Hinduism, Christianity, Islam, Sikhism, and Zoroastrianism, delivered the verdict by a 3-2 majority on Tuesday
  • The judgment said it was arbitrary to allow a man to “break down marriage whimsically and capriciously.”

In a judgment that is being hailed as a huge victory for India’s Muslim women, the country’s Supreme Court has ruled that the controversial practice of instant divorce is unconstitutional and un-Islamic.

“Triple talaq” as practiced in India, allowed Muslim men to unilaterally divorce their wives by saying the word “talaq,” or divorce, three times.

A panel of five judges representing India’s major faiths — Hinduism, Christianity, Islam, Sikhism, and Zoroastrianism, delivered the landmark verdict by a 3-2 majority on Tuesday.

ALSO READIf discriminatory Triple Talaq struck down, then new Divorce Law will come, Centre tells Supreme Court

The judgment said that triple talaq was “not integral to religious practice and violates constitutional morality.” They said it was arbitrary to allow a man to “break down marriage whimsically and capriciously.”

Muslim clerics, however, had staunchly opposed overturning “triple talaq” saying that although the practice was undesirable, it was sanctioned by the Quran and courts could not interfere in matters that pertain to religion.

Zafaryab Jilani of the powerful All India Muslim Personal Law Board said the consequences of the court decision remain to be seen. “How far it will help the women, how far it will go against them?” he told a reporter.

Many Muslim clerics and leaders have called the campaign to overturn the practice a political ploy by the Hindu nationalist Bharatiya Janata Party to take away Muslim identity.

PM Voices Support

Prime Minister Narendra Modi has voiced support for putting an end to the Muslim divorce practice, saying it is necessary to correct an injustice to Muslim women.

The country’s Minister for Women and Child Development, Maneka Gandhi, called it an important step forward. “Traditions are not set in stone and have to change with times and the time has come to give women equality,” she said.

In India, which has a secular constitution, each religion is allowed to have separate laws governing marriage, succession, adoption, and maintenance. Muslims are the country’s largest minority and have long said the court cannot interfere in these matters.

Abrupt end of marital life

In recent years, there had been growing complaints from Muslim women that three brief words, “talaq, talaq, talaq,” abruptly ended their marriage via conversation, letter, phone messages and WhatsApp, giving them no voice in an important decision.

The co-founder of the Indian Muslim Women’s Movement, Zakia Soman, told VOA that it was a happy day for Muslim women who have suffered for the last 70 years. “The expectations of thousands of women were associated with this (case). So many have been eagerly awaiting to hear something positive from the Supreme Court.”

But she says the ruling marks just the beginning of a long battle for a social reform movement and gender justice for Muslim women in a range of areas such as property and inheritance rights and age of marriage of girls.
“It’s not now that everything is done. Armed with this judgment and some kind of legal protection, at least the mindset about legal rights for Muslim women has become accepted”, she said. (VOA)

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One India One Law: End of Cruel Practice of ‘Triple Talaq’ Divorce Law in India, Supreme Court Passes Verdict Today

After the contentious debate of several years, triple Talaq is outcasted from Indian social systems

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Triple Talaq
Triple Talaq

Aug 22, 2017: The Apex Court today has made a historical verdict by imposing a ban on triple talaq calling it ‘unconstitutional’. Supreme Court also upheld the validity by stating that it is not the violation of Article 14, 15, 21 and 25 of the Indian Constitution.

A bench of five judges, directed by Chief Justice J S Khehar, declared a split verdict. The verdict of five judges also came from five faiths. Justices Uday Lalit (Hindu), Joseph Kurien (Christian) and Rohinton Nariman (Parsi) decreed that triple talaq is unconstitutional. Chief Justice JS Khehar(Sikh) and Justice Abdul Nazeer(Muslim) supported the validity of triple talaq. Chief Justice also asked the government to bring enactment within the period of six months and proposed all political parties to decide on the issue collectively.

What is “Triple Talaq”?

Triple Talaq (Talaq-e-Biddat)  is a verbal divorce where a Muslim husband can divorce his wife by merely uttering “Talaq Talaq Talaq”. A divorced woman is not allowed to remarry her divorced husband unless she first marries another man under the practice called Nikah Halala.

Origin of Sharia Law

Prior to Independence, British Judges were assisted by Muftis and Qazis for the performing of executive functions in India. In 1880, Qazis were deprived of their judicial powers through ‘The Qaziz Act’. On the other hand, the British started pronouncing judgments on Muslim Personal Law. Keeping the whole scenario in consideration, the establishment of Sharia courts was demanded in the first quarter of 20th century, however, the demand was not conceded. Later in 1920, the first sharia court was established in Bihar.

Many mosques in the country are functioning on Sharia courts based on Muslim Shariat law. The source of Muslim Personal law is the 1937 act of Muslim Personal Law (Shariat) application, which was also an attempt by British India to win over Muslim clergy. These extra-constitutional bodies had the power to function as courts parallel to Indian courts.

Also Read: Why wear a Burqa to prove Love towards your Religion?

The famous Abdul Rehman case on Triple Talaq

Abdur Rehman, a Muslim NRI from the UK had approached sharia court named Makkah Masjid Sharia Council in Chennai to get reunited with his wife. However, instead of reuniting the couple, Sharia court pressurized him to divorce his wife after he uttered talaq thrice. The man pleaded that he has changed his mind and he wants to reunite with her. After facing refutation from Sharia court, Abdul approached to Madras High Court begging for the same. He even said in his appeal that many blameless Muslim brothers or wives face the same problem across Chennai and Tamil Nadu on the whole because of the functioning of such forums that claim them to be judicial forums.

The High Court judgment said: “If a place of worship – whether it be a temple, mosque or church – is used for purposes other than prayers, and more specifically to create extra-constitutional forums, certainly the authorities are duty-bound to action against them.”

It ordered the state government to ensure that such courts do not function. This order was not specific to Muslims, and it empowered the police authorities to close down such extra-constitutional court, whether run by Hindu, Christian or Muslim.

Although the judgment did pronounce on the behalf of the sufferers of sharia law, there were still some ambiguities that led to confusion among such extra-constitutional bodies. A large number of Sharia courts which were supervised by imams and Islamic scholars operated from places that were not Mosques. It was not clear that whether the order applies to only sharia courts performing from mosques or to those who operate from Madrassas and non-religious places. Hence, a further detailed clarification was needed.

In 2014, Supreme Court declared the functioning of Sharia courts illegal and can be challenged in the court of law. On the contrary, Madras High Court did not make it clear owing to which the ambiguity in the Tamil Nadu state remained.

Supreme Court Verdict (2014)

A Delhi based advocate, Vishwa Lochan Madan challenged the validity of the parallel courts run by institutions such as Dar-ul-Qaza, Darul-Iftaa and Dar-ul-Uloom Deoband which issued fatwas. Under his appeal, he highlighted the plight of a woman, Imana, who was asked by Dar-ul-Uloom, Deoband to leave her husband and children and live with her rapist, father-in-law in her case. Madan argued that Sharia courts meddles with the personal affairs and obstructs the religious and social freedom of Muslims.

According to Supreme Court, Islamic judges, who interpret religious law can only come into power when individuals submit voluntarily to them and that their decisions or fatwas are not legally binding. It also curtailed the forums like Dar-ul-Qaza, Darul-Iftaa and Dar-ul-Uloom Deoband to issue fatwas on the basis of complaints by strangers.

The Supreme Court stated, Religion cannot be allowed to be merciless to the victim. Faith cannot be used as a dehumanizing force. Fatwas touching upon the rights of an individual at the instance of rank strangers may cause irreparable damage and therefore would be absolutely uncalled for. It shall be in violation of basic human rights. It cannot be used to punish innocents.

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Raja Chari: Indian American Astronaut chosen by NASA

Raja Chari, an American of Indian descent, has been chosen by NASA as one of the 12 astronauts for a new space mission.

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Raja Chari. Twitter.
  • Raja Chari is an American of Indian descent chosen by NASA for the new batch of astronauts
  • Currently, he is a Lieutenant Colonel in the US Air Force
  • Chari will have to go through two years of astronaut training which begins in August

June 06, 2017: NASA has chosen 12 astronauts out of a record-breaking 18,300 applications for upcoming space missions. An American of Indian descent, Raja Chari, has successfully earned his spot in the top 12.

The astronauts were selected on the basis of expertise, education, and physical tests. This batch of 12 astronauts is the largest group selected by NASA since two decades. The group consisting of 7 men and 5 women surpassed the minimum requirements of NASA.

Born in Waterloo, Iowa, Chari graduated from Air Force Academy in 1999 with a bachelor’s degree in Astronautical Engineering and Engineering Science. He went on to complete his master’s in Aeronautics and Astronautics from Massachusetts Institute of Technology. The astronaut is also a graduate of US Naval Test Pilot School.

Currently, Raja Chari is a Lieutenant Colonel in the US Air Force. He is the commander of 461st Flight Test Squadron and director of the F-35 Integrated Test Force at Edwards Air Force Base in California.

After Late Kalpana Chawla, Lt. Col. Raja Chari is the second Indian American astronaut chosen by NASA.

The 12 astronauts will have to go through two years of training. Upon completion, they will be assigned their missions ranging from research at the International Space Station, launching from American soil on spacecraft by private companies, to flying on deep space missions on NASA’s Orion Spacecraft.

The US Vice-President Mike Pence visited the Johnson Space Centre in Houston to announce and congratulate the new batch. Pence also said that President Trump is “fully committed” to NASA’s missions in space.

by Saksham Narula of NewsGram. Twitter: @Saksham2393