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Triple Talaq and Polygamy not integral to the practices of Islam, says Supreme Court

The government has cited the instances of changes in marriage laws in Iran, Egypt, Indonesia, Turkey, Tunisia, Morocco, Afghanistan, Bangladesh and Pakistan

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Representational image. Pixabay

October 8, 2016: The Union government on Friday told the Supreme Court that ‘triple talaq’, ‘nikaah halaal’ and polygamy as practised by the Muslims in India were not “integral to the practices of Islam or essential religious practices.”

“The fact that Muslim countries where Islam is the state religion have undergone extensive reforms go to establish that the practice in question cannot be regarded as integral to the practices of Islam or essential religious practices,” argued the government in an affidavit filed on Friday.

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Referring to the changes in the personal law that have already taken place in Islamic countries, the government has cited the instances of changes in marriage laws in Iran, Egypt, Indonesia, Turkey, Tunisia, Morocco, Afghanistan, Bangladesh and Pakistan.

“It is noteworthy that even theocratic states have undergone reforms in this area of the law and therefore in a secular republic like India, there is no reason to deny women the right available under the constitution,” it said in its response to top court’s September 5 order asking it spell out its position on the right of Muslim women in matrimonial matters relating to divorce and maintenance, including triple talaq.

An apex court bench of Justice Anil R. Dave and Justice Adarsh Kumar Goel had by their October 16, 2015, order, issued the notice to Attorney General Mukul Rohatgi and the National Legal Service Authority as it directed the separate listing of a PIL addressing the question of the rights of Muslim women.

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The government said that the question of triple talaq, where husbands can summarily divorce their wives by pronouncing the word ‘talaq’ thrice, ‘nikaah halaal’ under which a divorced couple cannot remarry unless the woman marries again and becomes single again through divorce or death of the second husband, and polygamy needs to be considered in the light of the “principle of non-discrimination, dignity and equality”.

It said that the question is whether triple talaq and polygamy was compatible with contemporary constitutional morality and the principle of gender equality enshrined in the constitution.

Saying that the right of women to human dignity, social esteem and self-worth are important facets of the right to life, the government said that the gender justice is important and any practice by which women are left socially and financially or emotionally vulnerable or subject to whims and caprice of men folk is against gender justice.

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It said that the constitutional right should be given to all irrespective of religion and pointed out thatIndia was a signatory to international covenants which guarantees the right to equality to women.

Personal laws must be examined in light of gender justice and dignity of women and those inconsistent with fundamental rights are void.

“The fundamental question for determination is whether, in a secular democracy, religion can be the reason to deny equal status and dignity, available to women under the constitution,” the government said in its response affidavit. (IANS)

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New law in Tajikistan bans hijab, asks women to stick to traditional clothes

Unlike Islamic countries, women in Tajikistan do not wear a hijab that is supposed to be wrapped under the chin, but a scarf that is tied behind the head

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Tajikistan passes law for women to stick to traditional clothes
Tajikistan bans Islamic veil. Pixabay
  • Legislators in Tajikistan passed a new law requiring people to wear country’s traditional clothes
  • Reportedly, the decision is intended to stop women from wearing Islamic clothes
  • Women wearing hijab are already forbidden from entering the government offices, under the existing laws

New Delhi, September 5, 2017: A new law that requires people to “stick to traditional and national clothes” has been passed by the Tajikistan legislators, adding Tajikistan in the long list of countries that ban or limit Islamic dress.

Although the legislation hasn’t specifically mentioned “hijab”, but the authorities’ previous statements about hijab representing an “alien culture” makes their goal to discourage women from wearing Islamic hijab quite apparent.

Despite it being a Muslim majority country, Tajikistan’s minister of culture, Shamsiddin Orumbekzoda, talking to Radio Free Europe, called Islamic dress “really dangerous”.

“Everyone looks at them with concern, like they could be hiding something under their hijab,” he said.

Unlike Islamic countries, women in Tajikistan do not wear a hijab that is supposed to be wrapped under the chin, but a scarf that is tied behind the head.

Women wearing hijab are forbidden from entering government offices in Tajikistan
A woman wearing hijab working in Saudi Arabia. VOA

Under existing laws, women wearing hijabs are already forbidden from entering the country’s government offices. In August, around 8,000 women wearing hijabs were approached by the government officials, in the capital of Dushanbe, who were then asked to wear their scarves in the Tajik style.

According to the Daily Mail report, police last year, in the Central Asian state, convinced 1,700 women to remove their headscarves, arrested 89 hijab-wearing prostitutes and closed down 162 shops and stalls selling hijabs.

Also ReadNothing New! Muslim Women who don’t fully respect Islamic head scarf are Prostitutes, says an Iranian Cleric

The Tajik President Emomali Rahmon, while delivering his Mother’s Day speech in March, criticized women for wearing “foreign” black clothing. He had also criticized hijab in 2015, when he stated that blindly copying a foreign culture is not a sign of having high moral or ethical standards for women, as mentioned by the Al Jazeera.

While many citizens support the law considering the security and preservation of culture, many are polarized over its implications regarding personal liberties.

“I have to decide for myself what to wear. No one has the right to tell me ‘you have to wear this,’” Oinikhol Bobonazarova, a human right activist told RFE.

The new legislation carries no penalties as of now, but some have claimed that punishment or fines may be introduced later.

Tajikistan calls itself a secular state with a Constitution that provides for freedom of religion, however, the religious practice among the citizens of the Muslim majority country, seems to be tightly controlled by the state.

France, Netherlands, Belgium, Bulgaria, Germany are some of the many countries that have banned full face Islamic veils.

-prepared by Samiksha Goel of NewsGram. Twitter @goel_samiksha

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Muslim Women are not Doormats: The Shocking Truth about the ‘Nikah Halala’

Though many Islamic countries have long banned it, in India, this practice still continues

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Muslim Women and Shocking truth about the Nikah Halala
Muslim Women and Shocking truth about the Nikah Halala

– by Salil Gewali

  • Many Islamic countries have long banned Nikah Halala but in India, the practice is still done
  • This is a criminal offense committed in the name of religion
  • More vocal Malalas should take birth to raise the relentless voice against Nikah Halala

Shillong (India), August 21, 2017: The most shocking fact about the ‘Nikah Halala’ has recently been brought to light by the India Today media. This media certainly deserves a pat on its back for broadcasting to the world the “darkness of lust” that invariably frightens away the very spirit of womanhood. How on earth such practices which openly dehumanize the woman are sanctioned by law is difficult to fathom. She is sexually exploited by an unknown person for over a night. Is it not outrageous?

Though many Islamic countries have long banned Nikah Halala, in India, this practice often forces the desperate women, who want to regain the warmth of the past husband, to depend on the cleric scholars around. Such lecherous people put up themselves for the job. Is it not humiliating fact that apart from spending one night with a complete stranger, the divorced Muslim women are required to cough up anywhere between Rs. 20000/- to Rs. 150000/-.

This shocking Nikah Halala or one-night-marriage makes only a divorced Muslim women eligible to further seek the formal reconciliation (marry) with the first husband. Is not the sex without “love” itself spiritually a big sin? Alas, this retrogressive and godless practice is still prevalent in the 21st century while the roar of the triple talaq is still getting shriller!

 

More vocal Malalas should take birth
More vocal Malalas should take birth

Though no strong scream of protest against this bizarre practice is heard, a few conscious Muslim men and Muslim women are up in arms, also some Muslim Maulvi’s. Maulana Maqsood-ul-Hasan Qasmi, the head of the Imam Council of India, retorts – ‘This is lust. It’s not permissible in “Islam”. This is a “criminal offense” committed in the name of religion’.  One friend of mine Mr. Shafiq Alam bursts out in deep anguish “As a father of three daughters I know how such anti-female practices have brought “grief” to millions of households. Much of the texts of the Holy Quran have been either misread or deliberately distorted and misinterpreted by the vested interests which they use to justify any inhuman activities”. Indeed, most of the “explosive activities” that have often been rocking and shocking the world have their roots in the “wrong interpretation” of the holy texts.

Muslim women suffering
Muslim women suffering

There is nothing secret how disgustingly countless females across the globe suffer under the veil of chastity which only contributes to stifling their “vigor” of individuality, feminine potentiality, and creativity. I guess, more vocal Malalas should take birth to raise the relentless voice against ‘Nikah Halala’, gender discrimination and irreligious prejudices strangling the holy Islam. Oh Allah the Almighty, save us all from the evil mongers!

Salil Gewali is a well-known writer and author of ‘Great minds on India’. Twitter @SGewali


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Ram Temple at Ayodhya is a part of the BJP Agenda, says Amit Shah

Ram temple will be constructed at Ayodhya either through talks, mutual settlement or through a court verdict

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Ram Temple
BJP National President Amit Shah on Monday said a grand Ram temple will be built in Ayodhya. Wikimedia
  • The way for construction of Ram Temple will be either through mutual agreement, talks or through a court decision
  • Shah said aside from the reserves allocated to Uttar Pradesh, the Union government had offered its coffers for the state to prosper
  • Shah mocked the media speculation that Shivpal Singh was hitching himself to the party bandwagon.

New Delhi, August 1, 2017: On Monday, Amit Shah, BJP’s National President said a fabulous Ram temple is going to be built in Ayodhya, the route for which can be through mutual agreement, talks, or a decision of the court.

On his visit’s last day to the capital of Uttar Pradesh, Shah addressed the media and said that establishment of this Ayodhya temple was the agenda’s part of Bharatiya Janata Party.

He complimented the government of Yogi Adityanath at the state level and its performance and told everyone that within three months, the governance had made people observe a noticeable transition.

Also read: BJP wants thorough probe for Delhi Chief Minister Arvind Kejriwal, also wants him to resign for ‘involvement in PWD scam’

“It is a coincidence that as I speak to you, three years of the Narendra Modi government at the Centre and three months of the Yogi Aditynath government in the state have been completed,” the chief of BJP said, complimenting the performance of both of them.

Shah mocked the speculation of media that Shivpal Singh, Mulayam Singh Yadav’s younger brother, and senior leader of Samajwadi Party (SP), was trying to hitch himself to the bandwagon of the party.

Accompanied by state BJP chief and Deputy Chief Minister Keshav Prasad Maurya, and Chief Minister Yogi Adityanath, Shah also made a claim that Modi had appeared as the most renowned Indian Prime Minister ever all thanks to his eradication of black money, courageous decisions, and good governance.

Amit Shah, BJP National President. Wikimedia

Shah also endeavored to end the supposition about Maurya of being moved as a Union minister to the Centre, saying that when the chief of a state party was chosen, Maurya would allocate all his time to the government at state.

He also made an attempt to rubbish the charges put by the opposition by saying that having dinner at a Yadav worker’s house, he was singling out politics on caste.

“Sonu Yadav is a party booth worker, and just as I go to eat at any other place, I went to his house and had food… No politics should be read in this,” he further added.

Shah put the blame on the Bahujan Samaj Party (BSP) as well as the former Samajwadi Party governments at the state level of the turmoil in Uttar Pradesh, saying that they had together presided over frauds of Rs 12 lakh crore. “There is not one finger raised at us as the government is working with transparency,” he said.

The chief of BJP said there did not exist any of party’s names in those Panama leaks, and the Special Investigation Team was examining the leaks of Panama Papers in any circumstance.

Shah said aside from the reserves allotted to Uttar Pradesh, the Union government had offered its coffers so that the state can grow and develop.

-prepared by Harsimran Kaur of NewsGram. Twitter @Hkaur1025