Discussion in 'Religion & Culture' started by KS, Jun 5, 2012.
Muslim girl can marry at 15 if she attains puberty: HC - Hindustan Times
the "learned" court is not "learned" after all !! It's another matter as to how many actually get married even after this ruling. Those who wanted to did so cutting across religious lines.
By just mentioning her puberty as a qualification,. the court in effect treats the girl as a mere object of pleasure...which is highly condemnable.
What matters more is her state of mind..whether at the tender age of 15 she is mature enough and ready to handle the stresses of a marital life..
What the ****
Court is just following Mohammedan Law.
Who is minor under Muslim Law in India?
Sati & child marriage in Hindus has been almost eliminated through law. But for Muslims-law must give cover for a girl of 15 to be married. A proposal (although flawed) to give 50% share of property to women, in case of divorce. But if you are a Muslim woman - too bad! How is the women health security any different from other women just because she is muslim, how ridiculous is this
Well, It's not Judge fault. They are interpeting the law as it stands today i.e. Muslim Law. Judges don't have right to make law but are bound to follow it and Past Judgement for reference.
In a Secular country this should be not allowed.
Laws should be same for everyone.
How is it reconciled with the Act passed wherein the age of consent for sex is 18 years?
^^^ There are several crazy sex laws in India. If I am right, the age of consent is 16(correct me if it has been changed). And the legal age for marriage is 18 for women.
Funny thing is the defn of rape in India. According to indian law., Rape is the intercourse with any girl who is not a wife below 16 with or without consent, sexual intercourse with wife girl below 16 without her consent. The nonsense regarding this is that , how come when the legal marriageable age is 18 for women, when the sexual intercourse with wife is not rape if done after age of 15yr with her consent or worse, even without her consent if over 16yrs. Not to mention the fact that the girl is not considered major till 18, hence can be forced into a marriage by her parents at the age of 16, legally, and can be forced into legal "rape"
Time for a major overhaul of laws in India
Oh BTW, according to indian law, oral sex, anal sex with your wife is legally punishable, with or without consent
And Anal sex with wife if done without consent(which is fairly impossible without use of drugs) only husband is punishable while , if done with consent , both husband and wife are punishable ,
^^That was funny.
But the question is who is going to install the webcams??
Hey what I said is true
Think about it, you have a fallout with you wife, who knows what she can say in court
From what I read, she saying that she was forced into oral sex, is a ground for divorce
That aside, just look at how stupid and idiotic laws of this land are
The thing is these guys build one law at a time while the entire family law needs a complete coherent overhaul.
Result of these quick fixes: Overlap of one law with another and confusion.
Age of consent raised to 18 years in India
The Indian Protection of Children from Sexual Offences Act now prohibits sex for people under 18. Previously the limit was 16. This â€œchild-friendlyâ€ law in one blow turns a large part of Indiaâ€™s population, the so called â€œchildrenâ€ between 16 and 18, into criminals if they have sex.
Age of consent raised to 18 years in India : Destroyer Magazine
beginning of sharia law?
Delhi HC's ruling on Muslim girls' marriage sparks debate
Jun 06, 2012
New Delhi: The Delhi High Court's recent ruling that a Muslim girl can marry at the age of 15 has sparked off a debate in the community. Young Muslims feel that the law of the land should prevail when it comes to the age of marriage. The All India Muslim Personal Law Board (AIMPLB) has, however, welcomed the judgment.
"At 17 you complete school, at 18 you get voting rights. In case of marriage, irrespective of the religion, the law of the land should prevail. A minor is a minor at 15," says 26-year-old Islamic Studies student Sadia Khan.
The recent Delhi High Court ruling that allowed a 16-year-old to remain married, despite opposition from her parents, has sparked off a furious debate in the community. Islamic Scholars have quoted the Hadees to point out the importance of the consent of parents saying the court should have nullified the marriage on those grounds.
"Hadees says Muslim girls need consent of their parents. That's a precondition. If that's not there then the married is invalid," says Maulana Wahiduddin.
Calling the verdict regressive, several Muslims feel the Muslim law board should appeal against it. But though the AIMPLB has welcomed the court's verdict, it is playing down the need for the Uniform Civil Code.
"We welcome the verdict," says Kamal Faruki of AIMPLB. "We want our personal laws to be upheld," adds Sadia Dehelvi of AIMPLB.
As the community debates civil rights, caught between the law and its interpretations are the young Muslims who are doing the tightrope walking trying to balance the demands of the changing times with that of their religion Islam.
Delhi HC's ruling on Muslim girls' marriage sparks debate - India News - IBNLive
Muslim themselves want regressive Muslim personal law. Government/ Judiciary can't do anything!
This is not first of a kind ruling by delhi high court either
^^ In Above judgement, Judges allowed her to go to Husband. Marriage already happened and she was living in Nirmal Chhaya, a charity organsation. It was based on mutual understand between parents and all. Still, It's rare case and not law. There is difference between court giving judgement based on rare / complex situation and as per law.
It's Law - minimum age of marriage as 18 years for the bride and 21 for the groom (That doesn't include Muslims as they have separate Law i.e. Muslim personal law various act.).
In this recent one, Judges gave decision based on Muslim Law.
And then..........Welcome statement!!!
Court said : Muslim girl can marry at 15 if she attains puberty which is as per Muslim Law in India and not rare judgement based on some situation.
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