Big Win- Indian Muslim Women(Supreme Court Declares triple talaq Practice 'Unconstitutional)

[hussain0216]

Lets explain it in a easier way

Trumple takak is banned in most muslim countries, so legally it is not the correct divorce path in eg Pakistan

BUT to those inclined if a man utters triple talak to his wife in both their eyes, their family and community they are divorced and cannot return to each other

It will be the same in India

Its pointless grandstanding in india

 

[Dem!god]

Let us debate this logically with reasoning instead of based on emotions.

1. I agree with the decision Because

a. As per Quran there is no such thing called instant triple talaq (divorce 3 times at once).

b. Quran clearly defines rules and conditions for divorce by either party and according to Quran there is specific time period withing which a divorce become effective.

If so then non-Muslims might question why this instant triple divorce was in vogue in different parts including India?

The answer is that during Caliph omar (RA) men started misusing the the rules and conditions for divorce by divorcing wives many times and taking them back thus making women suffer even if those women wanted to get out of the marriage bond. In other words the men started taking it lightly for own benefits and choice hence the Caliph Omar (RA) declared pronouncing divorce thrice in one sitting as valid nullifying the marriage and thus making it impossible for men to take back wives after divorcing.

It was also implemented because often men used to say they divorced wife in anger so the triple instant talaq was made valid to make these men realise that anger is destructive could ruin life hence it should be culled.

The intention of the caliph was to stop exploitation of women .

But again you can see this was also exploited by men denying due rights to women duly given in Islam.

So if you are asking for my opinion well I agree with this decision .

Instant triple talaq is already abolished in many Muslim countries including Saudi Arabia while in Pakistan the process took place in 1956 and it was completely abolished in 1961 Muslim family law .

Thanks for explaining in such lucid manner about it's origin. And yes india was lacking in this department for many years because of appeasement politics. The problem in india is it's politics which has become over communal and appeasementic in approch. It's good for short term benefit but for long term it's never gonna work.
The triple talaq decision by SC is being held as an unprecedental verdict towards the one nation one law reform. But there were some grey area as the verdict was in favor of abolishing triple talaq by a 5 bench judge in which 2 judge ruled in favor of triple talaq and 3 were against the triple talaq.

There is also prevalence of talaq e halala in india on which also SC might give some verdict. I feel this is worse than triple talaq.

 

[itsanufy]

No Muslims don't have any quotas. They are happy with this triple talaq result and lolly pops like Hajj subsidy and things like that...I think Indian Muslims has never asked for quotas meant for OBC caste...

quoting here @EndangeredSpecies "There had been demands and proposals to include Muslims in OBCs. It may happen in future if there is enough push."

In West Bengal about 98percent Muslims are OBC

 

[Jf Thunder]

It was banned many decades back in Pakistan to say as early as 1956 to 61.

really?
I didnt know thats
nice to know, thanks for that piece of info

Uhh you do know that pakistan divorce laws right? You can't do a single strike triple talaq.

There are three meetings spanning minimum three months. In these meetings they appear before a judge and say yes we want a divorce or I want a divorce.

Now here is something that only lawyers or divorced couples know.

In pakistan divorce is considered a taboo and in Islam to save a couple from divorce is considered a great deed. Due to this both the lawyers ( plaintiff and defendant) pressure the parties to reconcile and not just them. The judge also pressures them reconcile and to this height that long dates can be allotted, meetings allowed and in fact. There is a joke that husband wife standing over there angry go to the judges for isolated talks and come back laughing. Infact the entire court can be emptied just for their isolated meeting. Divorce is a a few months process in pakistan. Triple strike is illegal.

Whether khula by wife, khula by agreement or by talaq. Court is must and three chakar are must. Without it no divorce.


Infact I remember reading a case law that if a husband has initiated a divorced process and dies during the process, then the wife is entitled to inheritance of that husband bcz a divorced is solemnized only after the three statements in 3 months have been made and without it the women is still the wife of the deceased thus liable to share in inheritance. He can scream talaq hundred times a day, it won't work in pakistan.

Fun fact. Any marriage not registered in pakistan with the registrar in a nikah nama is not a marriage. So no moulvi couple crap. You only need a nikah registrar and the kocheri is filled with them.

Another fun fact. Marriage is a contract and not sacrament. In pakistan law it is treated as a contract.


Anyhow pakistan divorce laws are different and you can't do it a single triple way.




Its off topic so I won't go into details.

@padamchen @Joe Shearer @hellfire @Nilgiri

Anyway congrats. Update me on the new law Joe.

ok so the triple talaq given not infront of a judge and all three at once are null and void?

 

[Joe Shearer]

Uhh you do know that pakistan divorce laws right? You can't do a single strike triple talaq.

There are three meetings spanning minimum three months. In these meetings they appear before a judge and say yes we want a divorce or I want a divorce.

Now here is something that only lawyers or divorced couples know.

In pakistan divorce is considered a taboo and in Islam to save a couple from divorce is considered a great deed. Due to this both the lawyers ( plaintiff and defendant) pressure the parties to reconcile and not just them. The judge also pressures them reconcile and to this height that long dates can be allotted, meetings allowed and in fact. There is a joke that husband wife standing over there angry go to the judges for isolated talks and come back laughing. Infact the entire court can be emptied just for their isolated meeting. Divorce is a a few months process in pakistan. Triple strike is illegal.

Whether khula by wife, khula by agreement or by talaq. Court is must and three chakar are must. Without it no divorce.


Infact I remember reading a case law that if a husband has initiated a divorced process and dies during the process, then the wife is entitled to inheritance of that husband bcz a divorced is solemnized only after the three statements in 3 months have been made and without it the women is still the wife of the deceased thus liable to share in inheritance. He can scream talaq hundred times a day, it won't work in pakistan.

Fun fact. Any marriage not registered in pakistan with the registrar in a nikah nama is not a marriage. So no moulvi couple crap. You only need a nikah registrar and the kocheri is filled with them.

Another fun fact. Marriage is a contract and not sacrament. In pakistan law it is treated as a contract.


Anyhow pakistan divorce laws are different and you can't do it a single triple way.




Its off topic so I won't go into details.

@padamchen @Joe Shearer @hellfire @Nilgiri

Anyway congrats. Update me on the new law Joe.

THIS is what it should have been, but for the nexus between the Maulvi mafia and the parties committed acknowledging the most regressive elements as the representatives of the community in question. Reading Asghar Ali Engineer's life story is heart rending.

@saiyan0321

Just give me time to read up on it; I've been unusually busy

 

[gulli]

the Indian court did the right thing. you cannot give three talak in one go which is common on the indian subcontinent. Once at the time of the prophet a man did this and prophet pbuh was furious saying are you mocking the religion of Allah. with each talak there is a waiting period so that if the hearts of the people concerned are softened with time they may make amends. Talak is hated by Allah but he allows it as it is sometime necessary.

wahabi funded Indian maulvis and congress leader did not like this decision, but sane minds are celebrating.

 

[Spring Onion]

Thanks for explaining in such lucid manner about it's origin. And yes india was lacking in this department for many years because of appeasement politics. The problem in india is it's politics which has become over communal and appeasementic in approch. It's good for short term benefit but for long term it's never gonna work.
The triple talaq decision by SC is being held as an unprecedental verdict towards the one nation one law reform. But there were some grey area as the verdict was in favor of abolishing triple talaq by a 5 bench judge in which 2 judge ruled in favor of triple talaq and 3 were against the triple talaq.

There is also prevalence of talaq e halala in india on which also SC might give some verdict. I feel this is worse than triple talaq.

There is no concept of talaq e halala in Islam. a planned halala is clear zina (rape) which is unforgivable sin (gunah e kabira )according to Islam.

 

[saiyan0321]

ok so the triple talaq given not infront of a judge and all three at once are null and void?

Yes that is not a talaq in Pakistan. The husband is liable to provide maintenance and care for his wife and wife can file suit for maintenance which will be valid.

If the husband dies then the wife will be fully entitled to inheritance ( which she is devoid if she is divorced).

The husband second marriage is void ( you can't contract second marriage in Pakistan without the consent of your previous wife or wives. For permission of second marriage you go in front of the committee and tell them you want a second marriage. The committee calls the wife and writes her consent and takes her statement. If she says no then second marriage is illegal).

Which means that any sexual relations from that second marriage is zina.

Which means kids from that second marriage are bastards.

It can be quite a mess.....

Kocheri can be fun and interesting.

Anyhow long story short.

So legally speaking yep. The divorce is not a divorce.

 

[Spring Onion]

wahabi funded Indian maulvis and congress leader did not like this decision, but sane minds are celebrating.

I see illiterate and emotional bouts in response of Indian Hindu members including you over this decision because
for your information triple instant talaq is banned in "wahabi" land aka KSA.

The ignorant reaction both from those Indian Hindus who are celebrating taking is some kind of victory over Muslims/Islam and those Indian Muslims who are criticising this decision considering it something against Muslims/Islam, well both these reactions are outcome of ignorance and lack of knowledge by both of the communities of India.

 

[gulli]

I see illiterate and emotional bouts in response of Indian Hindu members including you over this decision because
for your information triple instant talaq is banned in "wahabi" land aka KSA.

The ignorant reaction both from those Indian Hindus who are celebrating taking is some kind of victory over Muslims/Islam and those Indian Muslims who are criticising this decision considering it something against Muslims/Islam, well both these reactions are outcome of ignorance and lack of knowledge by both of the communities of India.

In KSA they also hammer mosque if its for development work but if same situation arises in India we have to find diversion for the route, Some Indian Islamic institute are funded by wahabis no doubt about that and they did there best to keep the tradition alive and you can burn as much you want, India as a country is governed by way of natural justice for all be it a Hindu or Muslim, We all live in peace and harmony while some in our neighbor are conceding defeat for no reason.

 

[ashok321]

BJP Vote bank effect:

 

[Spring Onion]

In KSA they also hammer mosque if its for development work but if same situation arises in India we have to find diversion for the route, Some Indian Islamic institute are funded by wahabis no doubt about that and they did there best to keep the tradition alive and you can burn as much you want, India as a country is governed by way of natural justice for all be it a Hindu or Muslim, We all live in peace and harmony while some in our neighbor are conceding defeat for no reason.

There is no neutral justice in India. period.

As far as your other points well even in Pakistan we can shift mosques to alternate places for widening roads and other such development works.

 

[Rajeev_Anand]

Yes that is not a talaq in Pakistan. The husband is liable to provide maintenance and care for his wife and wife can file suit for maintenance which will be valid.

If the husband dies then the wife will be fully entitled to inheritance ( which she is devoid if she is divorced).

The husband second marriage is void ( you can't contract second marriage in Pakistan without the consent of your previous wife or wives. For permission of second marriage you go in front of the committee and tell them you want a second marriage. The committee calls the wife and writes her consent and takes her statement. If she says no then second marriage is illegal).

Which means that any sexual relations from that second marriage is zina.

Which means kids from that second marriage are bastards.

It can be quite a mess.....

Kocheri can be fun and interesting.

Anyhow long story short.

So legally speaking yep. The divorce is not a divorce.

Good things from anywhere including Pakistan are welcome and acceptable and we are progressing towards it.

 

[ashok321]

After verdict on instant talaq, activists urge SC to act on Section 377:

Rahul Gandhi welcomes SC verdict on triple talaq:

 

[N.Siddiqui]

@Rajeev_Anand


- Like Pakistan ranks 4rth in the world in per capita charity donations...about 650 billion Rs. donated as Zakat and other charity related work.

- Hosts the largest number of IDP's and refugees from Afghanistan, from Palestine, Bosnia(earlier) and many more countries.

- Pakistan SKMCH, cancer hospital Lahore treats about 75% of its patients for free incurring a sum of 500 crore per year all paid by local and overseas Pakistanis. Over 1600 Afghan patients were treated for free here at a cost of more than a billion rupees, incurred by Pakistanis...will never be mentioned by the intl' media.


Check this website...

http://afghanistantimes.af/over-1600-afghan-cancer-patients-treated-in-shaukat-khanum-admin/



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