Holy Quran allows polygamy, not encourages it: court

Discussion in 'Politics & Society' started by SHURIDH, Jan 1, 2013.

  1. SHURIDH

    SHURIDH Senior Member Senior Member

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    PTI : New Delhi, Tue Jan 01 2013, 17:47 hrs

    A maulvi, accused of performing a girl's marriage forcibly with a married man, has been denied anticipatory bail by a Delhi court which said the Sharia Law allows polygamy but only under special circumstances.
    The court denied the relief to Maulvi Mustafa Raja of Delhi dismissing his arguments that as per the Sharia Law, a man is allowed to keep four wives at a time.
    “I may observe that even in countries governed by Sharia (Islamic) Law, the second marriage is permitted under special circumstances such as an illness of the first wife or her inability to bear children.
    “In these cases, with the first wife's consent, a man may marry again and this is referred to as polygamy, a subset of polygamous marriages. The Holy Quran permits a Muslim man to marry more than one woman at atime (up to a maximum of four), but does not encourage such behaviour,” Additional Sessions Judge Kamini Lau said.
    The court also said polygamy is only permitted in certain circumstances including when the husband's death has left his wife with no other means of support.
    According to the police, Raja had forcibly got the girl married with accused Nadeem Khan last year without her consent and also in her parents' absence and that thevictim was raped by her alleged husband.
    Even the consent of Khan's first wife, from whom he has got three children, was not taken at the time of his second marriage, the police had said.
    The girl had managed to escape from Khan's clutches and had informed her parents about the incident after reaching her house, it said.
    The court, while dismissing the anticipatory bail plea, said the practice of polygamy has been regulated or abolished in many Muslim states/nations and it cannot be encouraged in a liberaldemocracy like India.
    “In the secular states of the Muslim world such as Turkey and Tunisia, polygamy is illegal in any form. Even in the nations where itis permitted, polygamy is only practiced by a small minority.
    “Before a man can take an additional wife, he is required to obtain the consent of his existingwife or wives,” it said.
    The judge also observed that polygamy is permissible in Sharia Law “as a part of social duty and charitable motives or when it seeks to prevent destitution”.
    “Keeping in view the conduct of Maulvi Raja and the seriousness of the offence involved, I find no ground to grant any indulgence to the accused. The application for grant of anticipatory bail is hereby dismissed,” the judge said.
    Maulvi Mustafa Raja had moved the sessions court fearing his arrest in an FIR registered at Aman Vihar in North West Delhi.Inthe FIR, he had been accused of forcing the girl to marry an already married man.

    Holy Quran allows polygamy, not encourages it: court - Indian Express

    Path breaking judgment.
     
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  3. warriorextreme

    warriorextreme Senior Member Senior Member

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    Even the consent of Khan's first wife, from whom he has got three children, was not taken at the time of his second marriage, the police had said.

    --------------------

    This is most important part...second marriage is not allowed without permission of first wife
     
  4. SHURIDH

    SHURIDH Senior Member Senior Member

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    Keep this maulvi in jail for fourcing girl to marry to an allready married man.
    Amend muslim personal law.
     
  5. Yusuf

    Yusuf GUARDIAN Administrator

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    Off course. How many Muslims have more than one wife or the percentage of it will be an interesting statistic.
     
  6. Daredevil

    Daredevil On Vacation! Administrator

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    Some film actors and politicians abused the religion to get married second time. This judgement can give some frame work as to what is legal and illegal even according to Quran.
     
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  7. warriorextreme

    warriorextreme Senior Member Senior Member

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    I myself haven't seen many..getting first wife's consent isn't a big deal considering status of women in India..
     
  8. Mad Indian

    Mad Indian Proud Bigot Veteran Member Senior Member

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    Word of god cant be applied selectively. Its either the whole truth or the whole fairy tale :troll:
     
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  9. Yusuf

    Yusuf GUARDIAN Administrator

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    Not easy mate regardless of the status. plus there are other steps in place to prevent abuse of the provision of polygamy.
     
  10. JBH22

    JBH22 Senior Member Senior Member

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    Tell me which guy would not want to have more than 1 wife ?
    Muslims get the luck that their religion encourages it :)
     
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  11. warriorextreme

    warriorextreme Senior Member Senior Member

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    News posted by OP is just one incident that was reported....I am sure many such marriage are forced upon women and women can't even register complain about it...kudos to this brave girl who opened her mouth..
     
  12. warriorextreme

    warriorextreme Senior Member Senior Member

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    Having more than one wife is equal to doubling the trouble :)

    Rig Veda 10.105.8 compares existence of multiple wives with multiple worldly miseries.

    - Rig Veda 10.101.11 states that a man with two wives is pressed from both sides and weeps like a horse that neighs when pressed from both sides by spokes while driving a chariot.

    - Rig Veda 10.101.11 state that two wives make life aimless.

    - Atharva Veda 3.18.2 prays that may a woman never face threat of another co-wife.
     
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  13. Yusuf

    Yusuf GUARDIAN Administrator

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    Trust me one is enough. More than enough.
    And let me correct you that it is NOT encouraged to marry more than once. You can marry if you want but it certainly hot encouraged
     
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  14. Yusuf

    Yusuf GUARDIAN Administrator

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    so technically illegal isn't it.
     
  15. JBH22

    JBH22 Senior Member Senior Member

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    Guys you are being unfair to me you shattered all my dreams.
     
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  16. Yusuf

    Yusuf GUARDIAN Administrator

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    Yup. This is the reality. Marry once & You will come back & say You were right.
     
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  17. SHURIDH

    SHURIDH Senior Member Senior Member

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    specially dharmendra and ex deputi cm of haryana.
    I think we should amend muslim personal law.
    And clearly add that-

    *A person who want to marry second time have to make an application to government authority for approval to marry seconed time and he also have to mention the valid reasons cleary in application.

    Government authority will make inquiry that what he says true or not and than give decision.

    *seconedly add that one must have his first wife written approval if he want to marry seconed time.

    Government authority will check that is it real or not.

    If the person violate any of those two point.
    Declare his seconed marriage null and void and send him jail.

    If pakistan and bangladesh can do that why can't india.

    Remember the indian muslim personal law was same in india,pakistan,bangladesh before 1947.

    After 1947 pakistan and bangladesh change the law but india don't do it.
     
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  18. warriorextreme

    warriorextreme Senior Member Senior Member

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    It is difficult to handle one and you were dreaming for two :p
     
  19. JBH22

    JBH22 Senior Member Senior Member

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    Its like when you were kid you are very naive so likewise when you are a bachelor one tends to think everything is possible.
     
  20. bhramos

    bhramos Elite Member Elite Member

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    but here in Hyderabad area, i have seen many.... but gives Talaq to every wife before remarring the other...
     
  21. SHURIDH

    SHURIDH Senior Member Senior Member

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    Having two wives at the same times in nowadays means your mental stability will be at great risk.
     

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