Muslim scholars seek triple talaq ban, tab on polygamy

Discussion in 'Politics & Society' started by parijataka, Feb 5, 2012.

  1. parijataka

    parijataka Senior Member Senior Member

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    NEW DELHI: A group of Muslim scholars and activists just got a step closer to the codification of Muslim Personal Law in India on Saturday. The national consultation on the codification has prepared a revolutionary draft which, among other things, bans triple talaq and restricts polygamy. After codification of the personal law, it will be sent to Parliament for amendments into the law and the Muslim masses will be made aware of what Islam gives and what some Mullahs have denied to them over the centuries.

    "Codification of the personal law is the need of the hour. We are not bringing any new law but only reiterating the provisions which the Quran makes for Muslim men and women," said reformist scholar Asghar Ali Engineer, whose Centre for Study of Society and Secularism along with Bhartiya Muslim Mahila Andolan and Institute of Islamic Studies organized the meet in Delhi.

    "There is no place for triple talaq in one seating. It must be abolished," said Qutub Jehan Kidwai of the Mumbai-based Institute of Islamic Studies. The group concluded that polygamy was a restrictive provision. "The spirit of Islam is monogamy. A lot of men were killed in the battle of Ouhad and there were an overwhelming number of widows and orphans in Arabia. The Quranic verses, while allowing men to take up to four wives, clearly says that men cannot do justice to all of them and, therefore, should marry just one woman," said Justice Shamsuddin, a retired judge of Kerala HC.

    The draft document also makes registration of all Muslim marriages with the state governments mandatory. It appeals to the governments to appoint Nikah registrars who will maintain nikahnamas. The consent of the bride will be made mandatory and the minimum age of the bride will be 18 and that of the groom 21.
     
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  3. Yusuf

    Yusuf GUARDIAN Administrator

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    Triple talaq is ridiculous. It's Controversial custom. It was never sanctioned by The Prophet. Sunni and Shia customs are different.

    Getting a divorce is extremely difficult in my small Shia community. They (community elders, clergy) will do everything to stop a divorce. If it is still not happening, then it is done in the presence of witnesses and done and sanctioned by the priest and signed by him.
     
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  4. KS

    KS Bye bye DFI Veteran Member

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    There has been some cases in which even Triple Talaq over cell phone is considered final.

    Knowing Islam: Now Triple Talaq on a Cell Phone! Evil Triple Talaq has basis in Sunna.


    Anyway these reforms are long overdue but then these reformists are only a small minority and the vocal majority to this (Deoband) will be in arms against this.
     
  5. SHURIDH

    SHURIDH Senior Member Senior Member

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    A great move from liberal muslim scholer.it will help muslim community.i hope deboand or zakir naik or any ultra conserative muslim organisation does not pork their nose into it.
     
  6. Yusuf

    Yusuf GUARDIAN Administrator

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    I have also seen a ridiculous thing about a man saying talaq in his dream or saying it in his sleep and telling it to his friends who reported to a qazi who said the guy is now divorced. The guy lived his wife and had no intention to leave his wife but was forced to by the idiots.
     
  7. SHURIDH

    SHURIDH Senior Member Senior Member

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    thats very unforunate.this kinds of practice should be stoped.
     
  8. parijataka

    parijataka Senior Member Senior Member

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    All the major religions have practises that were suitable 1000+ years ago. Christianity overcame through their Reformation, Hinduism also is trying to be more egalitarian and Islam as well.
     
  9. ejazr

    ejazr Stars and Ambassadors Stars and Ambassadors

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    Triple talaq at once and at the same time is UnIslamic and its about time that this gets reformed. There has already been a lot of pressure put on the personal law board both from within and outside. Its about time that the Muslim community proposes legislation to codify these changes and bring about reforms in marraige and divorce laws.

    For example, last year there were several conferences on this issue and one this year as well.
    Top Muslim body casts a critical eye on triple talaq - Indian Express

    All-women meet discusses Shariah in Chennai - Times Of India
     
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  10. Daredevil

    Daredevil On Vacation! Administrator

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    Some good reforms offered by the muslim scholars that are more suited to modern times but also align with Islamic principles. Such reformist scholars and institutes need to be encouraged.
     
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  11. The Messiah

    The Messiah Bow Before Me! Elite Member

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    delhi high court has already given judgement that triple talaq is invalid when said together and that too in anger. i remember there was hue and cry from conservative mullahs.

     
    Last edited: Feb 5, 2012
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  12. Ray

    Ray The Chairman Defence Professionals Moderator

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    The so called purists will never agree.
     
  13. Tshering22

    Tshering22 Sikkimese Saber Senior Member

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    This is a welcome move and is possible only in India. That fellow Salman Taseer tried to liberalize Pakistani society and see what happened. And some people compare us with Pakistani society. :lol:
     
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  14. Energon

    Energon DFI stars Stars and Ambassadors

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    I think it is very important to acknowledge the works of progressive Muslims, not just by Indians but the entire global community. For the most part moderate/ progressive Muslims around the world are virtually invisible. Other than issuing a few cookie cutter statements about how Islam is actually a "religion of peace" there has been very little done to exact change from within. Actually no that is an unfair statement; there have been earnest attempts but they have been nullified through cold blooded murder.

    This is an effort to change the law by passing a bill in the democratic setting to finally jettison vestigial medieval practices that have no place in a civilized society of today. I hope this goes through.
     
  15. Arunpillai

    Arunpillai Regular Member

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    Though a step in right direction, its significant to note that most of muslim organisation invited to this fora did not attend it.. So the findings do not hold much credibility.
     
  16. ejazr

    ejazr Stars and Ambassadors Stars and Ambassadors

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    This is one case were it would be very easy to push through reforms if the orthodox Barelvi and Deobandi ulemas are kept aside.
    Islamic women groups, Shia groups and even Ahl-i-Hadith/Salafi/Wahabbi school of thoughts do not recognise triple talaq and treat is as unlawful in Islam as it has not basis in the Quran. The Indian courts also treat it as illegal. All this has to be done is to codify it into law. Even the orthodox Deobandi and Barelvi ulema agree its a social evil but give excuses that it should not be made into law as educating the people is the right way.

    Countries like Pakistan, Bangladesh, Iran, Saudi Arabia, Turkey, Egypt all have laws against it, so its time excuses are stopped and the reforms enacted.
     

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