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Supreme Court questions the Validity of Triple Talaq and whether it is fundamental to Islam

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In Goa, oral divorce and polygamy is not allowed to Muslims
A Muslim Woman. Wikimedia

New Delhi, May 11, 2017: The Supreme Court on Thursday heard a batch of petitions challenging the constitutional validity of “triple talaq” and to know whether it was fundamental to Islam.

“We are going to decide the validity of triple talaq,” said Chief Justice Jagdish Singh Khehar, heading a Constitution bench.

He asked the parties concerned to focus on whether triple talaq was fundamental to Islamic religion.

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The Chief Justice said that petitioners and respondents would address the court on whether triple talaq was an enforceable fundamental right.

The bench sought suggestions on the broad parameters of the directions the court may issue while deciding the validity of triple talaq.

Other judges on the Constitution bench are Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S. Abdul Nazeer.

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The court said both sides would get two days each to argue their case. Thereafter, both sides would get a day each to submit rejoinders.

Triple talaq is a practice under which a husband can verbally divorce his wife by uttering the word “talaq” thrice.

This has been opposed by a section of the Muslim society while others say it cannot be changed as it is part of Muslim personal law.

The Modi government wants triple talaq to go. The practice is not followed in many Muslim countries including Pakistan. (IANS)

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3 Ahmadi Men Sentenced to Death in Pakistan on Charges of Blasphemy; Minority Communities are increasingly facing the Heat in the Country

“Blasphemy is a very sensitive issue in Pakistan. Rights groups say the controversial blasphemy law has often been abused to settle personal vendettas and disputes.

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Pakistan-protest
Pakistani students of Islamic seminaries take part in a rally in support of blasphemy laws in Islamabad, Pakistan, Wednesday, March 8, 2017. Hundreds of students of Islamic seminaries rallied in the Pakistani capital, Islamabad, urging government to remove blasphemous content from social media and take stern action against those who posted blasphemous content on social media to hurt sentiments of Muslims. The placards, in center, in Urdu language are reading as "Authorized Institutions immediately take action on the incidents of blasphemy and remove blasphemous content on social media". (AP Photo/Anjum Naveed) (VOA)

Washington, October 15, 2017: A court in Pakistan’s Punjab province has sentenced three men of a minority religious group to death on charges of violating the country’s controversial blasphemy law.

Mubasher Ahmad, Ghulam Ahmed and Ehsan Ahmed were found guilty and convicted by the trial court Wednesday for insulting the prophet of Islam.

The men were tried under Section 295-B of Pakistan’s penal code, commonly referred to as the blasphemy law, which recommends either life imprisonment or the death penalty for anyone found guilty of deliberately insulting Islam.

The men were arrested in May 2014 in a remote village in Punjab province after residents filed a complaint with the police and accused the defendants of tearing down a religious poster.

Four men were arrested at the time. The fourth man, Khalil Ahmad, was shot dead by an angry man while in police custody just a few days after the incident.

Saleemuddin, a spokesperson for the Ahmadi community, told VOA that the charges against the defendants and the court’s verdict were unfair.

“The convicted men were trying to take down a poster, which had anti-Ahmadi slogans and text that urged the community to socially boycott the already persecuted Ahmadi community,” Saleemuddin said.

“We will challenge the trial court’s decision in high court,” he added.

Ahmadis consider themselves Muslims, but Pakistan’s state does not recognize them as such and labels them heretics. There are more than a half-million Ahmadis living in Pakistan under the constant threat of persecution.

The Ahmadi community “is one of the most mistreated communities in the country. They have had been a target of blasphemous charges, sectarian violence and target killings,” said Mehdi Hasan, a prominent human rights activist in Pakistan.

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Ahmadis ‘a threat’

The death sentence for the three individuals came just a few days after Muhammad Safdar, a prominent member of the ruling party and son-in-law of ousted Prime Minister Nawaz Sharif, publicly denounced Ahmadi community members as a threat to Pakistan and urged the country’s institutions not to hire them in the military or the civil service.

Safdar’s remarks stirred a debate in the country on the issue of minorities and their rights.

Pakistan Minister of the Interior Ahsan Iqbal, without mentioning Safdar by name, denounced the anti-minority rhetoric coming from politicians.

“It is tragic to see hate speech against minorities in National Assembly. We believe in inclusive Pakistan. Pakistan respects all minorities,” Iqbal said in a tweet.

Abuse of law

“Blasphemy is a very sensitive issue in Pakistan. We’ve seen several incidents where angry mobs killed those accused of committing blasphemy without giving them a right to face the trial,” human rights activist Hasan told VOA.

Rights groups say the controversial blasphemy law has often been abused to settle personal vendettas and disputes. Due process is often ceremonial, the rights activists add, and decisions are often informed by the growing religious intolerance in the country.

Even if courts do drop charges against defendants, mobs and local residents attack them, and law enforcement authorities look the other way in most cases, the activists charge.

blasphemy
Members of a Pakistani civil society demonstrate April 22, 2017, in Karachi, Pakistan, against the killing of Mashal Khan, a student at the Abdul Wali Khan University in the northwestern city of Mardan. Police say the lynching of Khan, falsely accused of blasphemy, was organized by other students who saw him as a political rival. (VOA)

Social media posts

Nadeem James, a Christian, was sentenced to death last month in Punjab after the court established that he sent a blasphemous poem to a friend via WhatsApp, an instant message application.

The Human Rights Commission of Pakistan in a recent report said 15 people were arrested on charges of blasphemy in 2016, including 10 Muslims and five members of religious minorities.

In April 2017, Mashaal Khan, a journalism student, was accused of posting blasphemous content online and was beaten to death by fellow students at Abdul Wali Khan University in Khyber Pakhtunkhwa province.

Pakistan’s government is being criticized for strictly enforcing the blasphemy laws.

In April 2017, the government used newspapers and mobile phone services to warn its citizens not to post or upload any blasphemous materials on social media.

The government has also reportedly encouraged people to report those who violate the blasphemy law. (VOA)

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Ahmadiyya Sect of Pakistan is the Most Persecuted Minority in Line of Fire

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Pakistan Minority
Members of the Ahmadiyya Muslim community dig graves for victims in Chenab Nagar. voa

Islamabad, Pakistan October 11: The son-in-law of Pakistan’s recently ousted prime minister lambasted a minority that human rights groups consider one of the most persecuted in the country.

Mohammed Safdar said members of the Ahmadiyya sect are a “danger to this country, this nation, its constitution and its identity.”

Speaking in the national assembly, of which he is a member, Safdar demanded that Ahmadiyyas, along with the minority Bohra community, be barred from joining the armed forces of the country because their “false religions do not include the concept of jihad in the name of God.”

Safdar is the son-in-law of Nawaz Sharif, who was forced to resign from premiership in July after a court ruled against him in a corruption case. Sharif alleged that the ruling was a conspiracy to remove him from power by the establishment, a euphemism for the country’s powerful military.

A member of Sharif’s ruling Pakistan Muslim League party, Safdar is married to his daughter Maryam Nawaz, who has been widely reported in the news as his potential successor.

In his statement Tuesday, Safdar also demanded that the name of the physics department of the Quaid e Azam University in Islamabad be changed. The department is named after Dr. Abdul Salam, an Ahmadiyya who is also one of Pakistan’s two Nobel laureates. The other one is Malala Yousufzai, who became the youngest person to win a Nobel Peace Prize for her activism in favor of girls’ education.

“If the name of the department is not changed, I would protest here every day,” Safdar said.

His outburst in the assembly followed days of uproar by the opposition parties over a minor amendment in the election law that was deemed to be pro-Ahmadiyya. The government declared it a clerical error and reinstated the original draft of the law.

Ahmadiyyas in Pakistan face a peculiar dilemma. They insist they are Muslims, but the country’s constitution declares them non-Muslims. Officials say Ahmadiyyas are welcome to all the rights afforded to other minorities in the country as long as they do not call themselves followers of the Islamic faith. Ahmadiyyas, on the other hand, insist that doing so would go against their religious beliefs.(voa)

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Muslim Man Divorces Twelve Wives, Murders the Thirteenth; How Safe are Married Muslim Women under the Religious Law?

How is the government planning to protect the married Muslim women in the country, who are often desolated by their husbands?

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MUSLIM MAN
How safe are Muslim women? Wikimedia

Uttar Pradesh, October 9, 2017: Whoever said the number thirteen is unlucky was right. A horrific case of a Muslim man brutally murdering his wife has now come forward.

According to reports, police have arrested Mohammad Mustkeem, a resident of Raebareli, a small town in northern India’s Uttar Pradesh after he allegedly murdered his 13th wife.  While cases of murders within marriages are not new, this particular case is extremely peculiar.

Mustkeem is a practising Muslim and had been married thirteen times. While he had divorced all his former twelve wives, the thirteenth wife was cruelly hacked to death.

The victim and Mustkeem had been married for over four years and also had a three-month-old child. However, the two were believed to fight a lot, because of which Mustkeem had been contemplating another divorce.

But before the 13th divorce could happen, the victim went missing, which created alarm in the Pure Kale Khan locality in the district. Upon search, her body was recovered from the fields near Chulamau village in the district.

According to the police, the victim’s body bore several injury marks that indicate that she had been tortured and strangled to death.

Consequently, the police arrested Mohammad Mustkeem on charges of murdering his own wife.

While no official information has been obtained as of now, locals believe Mustkeem was planning to re-marry for the fourteenth time and had even sought a bride.

While we condemn the victim’s murder, the case involving Mustkeem and his multiple wives has once again brought Triple Talaq under the spotlight, which had been rife in the country till the past few weeks.

Before the verdict was announced on the declaration of Triple Talaq as unconstitutional, census figures revealed that for every Muslim man divorced in India, four Muslim women had been previously divorced. This is also evident from Mustkeem and his former 12 wives.

As per the law, Muslim men could divorce their wives for any possible trivial reason. By contrast, the woman was expected to almost always avail the husband’s consent for a divorce. This robbed women the right to have a say, and to have a secure livelihood and instead granted men the permission to blatantly indulge in matrimony, which is evident from Mustkeem’s life.

While a constitutional ban on the practice has gathered mix responses, the question remains how the change will seep down to the very roots of the society. And how is the government planning to protect the married Muslim women in the country, who are often desolated by their husbands? Until then, cases like Mustkeem and his twelve divorced wives can be expected to continue making headlines.