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

[veg]

Sorry marriage and divorce should come under civil war. It determines inheritance, insurance etc. End of discussion

Please understand that even under the civil law, a marriage is a "contract". Even in the Western countries, there are civil laws of inheritance/insurance in marriages, but these civil laws become nullified if both parties go to the Notary and make a legal "contract" which specify other terms.

Muslim point of view is this that Islam gave this right of insurance and alimony in form of Haq Mehr.

Muslim also point out that girls have the right to put the conditions that 3 times Talaq does not apply, and women also have the right to talaq, and also to change the share in inheritance at time of Nikah.

But the present decision of the Supreme Court is directly in the violation of the marriage contract, which the Muslim boy made at the time of Nikah.

Also Supreme Court intervened in the personal Belief system. Supreme Court is compelling the Muslim man to indulge in fornication according to his belief.

Like I said before, state/court are no one to order a person to marry any girl, nor they are any one to tell a person to stay with some one.

This decision of supreme court will make the life of this Muslim couple like a Hell . Many complications are going to come out of it. The mother-in-law and other relatives of husband in the house will also see it as fornication under their roof.

For all this, religion has to be blamed. But the problem is this that even by introducing the civil laws, you are not going to come over these problems.

Muslim women should be educated and supported if the want to leave their religion or to marry a person who does not believe in 3 talaqs etc.



This thing is never going to end fine. Muslim women is hoping they get their happy life back. Supreme court also thinks it may help the poor Muslim women. But it is not going to happen unfortunately.

 

[Soumitra]

Please understand that even under the civil law, a marriage is a "contract". Even in the Western countries, there are civil laws of inheritance/insurance in marriages, but these civil laws become nullified if both parties go to the Notary and make a legal "contract" which specify other terms.

Muslim point of view is this that Islam gave this right of insurance and alimony in form of Haq Mehr.

Muslim also point out that girls have the right to put the conditions that 3 times Talaq does not apply, and women also have the right to talaq, and also to change the share in inheritance at time of Nikah.

But the present decision of the Supreme Court is directly in the violation of the marriage contract, which the Muslim boy made at the time of Nikah.

Also Supreme Court intervened in the personal Belief system. Supreme Court is compelling the Muslim man to indulge in fornication according to his belief.

Like I said before, state/court are no one to order a person to marry any girl, nor they are any one to tell a person to stay with some one.

This decision of supreme court will make the life of this Muslim couple like a Hell . Many complications are going to come out of it. The mother-in-law and other relatives of husband in the house will also see it as fornication under their roof.

For all this, religion has to be blamed. But the problem is this that even by introducing the civil laws, you are not going to come over these problems.

Muslim women should be educated and supported if the want to leave their religion or to marry a person who does not believe in 3 talaqs etc.



This thing is never going to end fine. Muslim women is hoping they get their happy life back. Supreme court also thinks it may help the poor Muslim women. But it is not going to happen unfortunately.

No what will happen is if the man after giving Triple Talaq thinks he can abandon his wife then he can be tried under Domestic Violence act and can be mad to pay fine and jailed for years

If you dont like your wife there are legal ways to get a divorce. You can approach a court or even use other islamic ways for divorce. Only instant Triple Talaq is banned. Divorce is not banned.

If you give proper divorce you have to give proper alimony

 

[wiseone2]

Please understand that even under the civil law, a marriage is a "contract". Even in the Western countries, there are civil laws of inheritance/insurance in marriages, but these civil laws become nullified if both parties go to the Notary and make a legal "contract" which specify other terms.

Muslim point of view is this that Islam gave this right of insurance and alimony in form of Haq Mehr.

Muslim also point out that girls have the right to put the conditions that 3 times Talaq does not apply, and women also have the right to talaq, and also to change the share in inheritance at time of Nikah.

But the present decision of the Supreme Court is directly in the violation of the marriage contract, which the Muslim boy made at the time of Nikah.

Also Supreme Court intervened in the personal Belief system. Supreme Court is compelling the Muslim man to indulge in fornication according to his belief.

Like I said before, state/court are no one to order a person to marry any girl, nor they are any one to tell a person to stay with some one.

This decision of supreme court will make the life of this Muslim couple like a Hell . Many complications are going to come out of it. The mother-in-law and other relatives of husband in the house will also see it as fornication under their roof.

For all this, religion has to be blamed. But the problem is this that even by introducing the civil laws, you are not going to come over these problems.

Muslim women should be educated and supported if the want to leave their religion or to marry a person who does not believe in 3 talaqs etc.



This thing is never going to end fine. Muslim women is hoping they get their happy life back. Supreme court also thinks it may help the poor Muslim women. But it is not going to happen unfortunately.

Marriage & divorce dictates property ownership, life insurance and inheritance which are not religious matters. It is logical that it is governed by the state. This is not to say that the state cannot accomodate religious customs. That said I have a strong preference for uniform civil code.

This couple is free to seek divorce under civil law. Indian law, customs and traditions do not make it too difficult.

Civil law does not solve any problem. It introduces uniform expectations and code of conduct for entire society.

 

[padamchen]

نبی کریم صلی اللہ علیہ وسلم نے فرمایا



حلالہ کرنے والا اور جس کے لئے حلالہ کیا جائے، دونوں پر اللہ کی لعنت ہو۔





(مسند احمد۲/۳۲۳، بیہقی۷/۲۰۸، نسائی۶/۱۴۹، ترمذی۱۱۲۰،دارمی۲/۱۹۸، ابودائود۲۰۷۶٠٧٦)


The Prophet (SAWS) has cursed the one who does the halala and for whom the halala is done . So , its not the correct practice if you had read the link I have given you wouldn't have asked this question . I have mentioned halala in that post also .

There is no prescribed duration between the talaqs . But should be given ample time for thinking again.

And after talaq is commenced the woman should wait for three periods before remarrying

@saiyan0321

@Pluralist

@I.R.A

Apparently NOW learned Maulvis are waking up and saying that the correct way is for a 9 month gap - i.e. each Talaq after 3 month pauses.

Cheers, Doc

 

[veg]

نبی کریم صلی اللہ علیہ وسلم نے فرمایا



حلالہ کرنے والا اور جس کے لئے حلالہ کیا جائے، دونوں پر اللہ کی لعنت ہو۔





(مسند احمد۲/۳۲۳، بیہقی۷/۲۰۸، نسائی۶/۱۴۹، ترمذی۱۱۲۰،دارمی۲/۱۹۸، ابودائود۲۰۷۶٠٧٦)


The Prophet (SAWS) has cursed the one who does the halala and for whom the halala is done . So , its not the correct practice if you had read the link I have given you wouldn't have asked this question . I have mentioned halala in that post also .

There is no prescribed duration between the talaqs . But should be given ample time for thinking again.

And after talaq is commenced the woman should wait for three periods before remarrying

This is simply not true about Halalah.

According to Islam, Halalah is a MUST.
Only difference of opinion is this that can a Muslim woman marry another person with the intention of Talaq, which will ultimately open a way for her to remarry his first husband.
Hanafi Fiqh allows this marriage with the intention of Talaq.
But the Salafies don't allow such marriage with the intention of Talaq. They say, the 2nd person is absolutely not allowed to divorce her. She could only return to her first husband, if her second husband dies or divorces her due to other reasons.

So, in hadith only those people are cursed who do Halalah with the intention of divorce.

Qur'an (2:229, 2:230):

"And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah . These are the limits of Allah , which He makes clear to a people who know.


So, there is no escape from Halalah.

 

[Acknowledge]

This is the first step to reform Islam. We must bring them to modern sensibilities of equality.

These tribal practices of triple talaq, halala and numerous others need to be outlawed because they treat women as chattel.

 

[I.R.A]

@saiyan0321

@Pluralist

@I.R.A

Apparently NOW learned Maulvis are waking up and saying that the correct way is for a 9 month gap - i.e. each Talaq after 3 month pauses.

Cheers, Doc

Will you accept my invitation to read 2:229 through 2:237 and let us know if you had any problem understanding what has been instructed and told? This would serve as an outsiders view and understanding of matters that were supposed to have been conveyed in clear and precise manner.

 

[padamchen]

Will you accept my invitation to read 2:229 through 2:237 and let us know if you had any problem understanding what has been instructed and told? This would serve as an outsiders view and understanding of matters that were supposed to have been conveyed in clear and precise manner.

Sure.

Feed me though. Don't make me search.

I'm desi.

Cheers, Doc

 

[veg]

Marriage & divorce dictates property ownership, life insurance and inheritance which are not religious matters. It is logical that it is governed by the state. This is not to say that the state cannot accomodate religious customs. That said I have a strong preference for uniform civil code.

This couple is free to seek divorce under civil law. Indian law, customs and traditions do not make it too difficult.

Civil law does not solve any problem. It introduces uniform expectations and code of conduct for entire society.

Brother,

Please understand that nn India, already the inheritance and maintenance are covered. A Muslim Daughter get the same share as Muslim son. Similarly, a Muslim woman will get the maintenance till the time it remarries.

So, the present issue of 3 Talaqs is only limited to the demand of Indian Muslim women that their husbands should be compelled to take them back even after the 3 Talaqs. Now this problem lies entirely in the domain of personal belief.

Therefore, I told you that in this particular matter i.e. of 3 Talaqs, Supreme court should not have made the compulsion for the Muslim man to take back his wife, while it will only be fornication in the eyes of man, in the eyes of whole family of the man, and the whole Muslim society.

The life is not going to get better for the couple, but it will become worst than before.

No what will happen is if the man after giving Triple Talaq thinks he can abandon his wife then he can be tried under Domestic Violence act and an be mad to pay fine and jailed for years

If you dont like your wife there are legal ways to get a divorce. You can approach a court or even use other islamic ways for divorce. Only instant Triple Talaq is banned. Divorce is not banned.

If you give proper divorce you have to give proper alimony

Please understand, according to the Indian law, "already" a Muslim man cannot abandon a wife after 3 Talaqs, but he has to pay for her maintenance till the time she remarries.

The issue of 3 Talaqs comes only under the Belief system now. It is not linked to the maintenance etc. Therefore, it was not appropriate for the Supreme Court to compel the Muslim man to take the wife back, as according to the Muslim boy's belief, SC is only compelling him for the fornication. It will bring more problems with it.

 

[padamchen]

Brother,

Please understand that nn India, already the inheritance and maintenance are covered. A Muslim Daughter get the same share as Muslim son. Similarly, a Muslim woman will get the maintenance till the time it remarries.

So, the present issue of 3 Talaqs is only limited to the demand of Indian Muslim women that their husbands should be compelled to take them back even after the 3 Talaqs. Now this problem lies entirely in the domain of personal belief.

Therefore, I told you that in this particular matter i.e. of 3 Talaqs, Supreme court should not have made the compulsion for the Muslim man to take back his wife, while it will only be fornication in the eyes of man, in the eyes of whole family of the man, and the whole Muslim society.

The life is not going to get better for the couple, but it will become worst than before.





Please understand, according to the Indian law, "already" a Muslim man cannot abandon a wife after 3 Talaqs, but he has to pay for her maintenance till the time she remarries.

The issue of 3 Talaqs comes only under the Belief system now. It is not linked to the maintenance etc. Therefore, it was not appropriate for the Supreme Court to compel the Muslim man to take the wife back, as according to the Muslim boy's belief, SC is only compelling him for the fornication. It will bring more problems with it.

Muslim divorcees get zero maintenance from their husbands.

And I'm not only talking about bishti mohalla Muslims here ...

This includes the cream.

Cheers, Doc

 

[Adonis]

What is constitution. When you can not even recognize the beliefs of others and only consider Hinduism as constitution. This can only and only happen in INDIA.

Before vomiting... Please be aware that Pakistan banned the same in 1961...what is the complaint??

 

[livingdead]

Brother,

Please understand that nn India, already the inheritance and maintenance are covered. A Muslim Daughter get the same share as Muslim son. Similarly, a Muslim woman will get the maintenance till the time it remarries.

So, the present issue of 3 Talaqs is only limited to the demand of Indian Muslim women that their husbands should be compelled to take them back even after the 3 Talaqs. Now this problem lies entirely in the domain of personal belief.

Therefore, I told you that in this particular matter i.e. of 3 Talaqs, Supreme court should not have made the compulsion for the Muslim man to take back his wife, while it will only be fornication in the eyes of man, in the eyes of whole family of the man, and the whole Muslim society.

The life is not going to get better for the couple, but it will become worst than before.





Please understand, according to the Indian law, "already" a Muslim man cannot abandon a wife after 3 Talaqs, but he has to pay for her maintenance till the time she remarries.

The issue of 3 Talaqs comes only under the Belief system now. It is not linked to the maintenance etc. Therefore, it was not appropriate for the Supreme Court to compel the Muslim man to take the wife back, as according to the Muslim boy's belief, SC is only compelling him for the fornication. It will bring more problems with it.

courts cannot possible force a husband to cohabit with the wife(or the other way around). All the court said is, its not divorce if you dont follow due procedure.
saying talaq 3 times, winking at your parner 5 times or leaving a dead mouse under her pillow are not admissible evidence of your intention of divorce. go through a proper process, muslims am sure have such a process that is fair to both sides.
I do understand that divorce need to be made simpler(for everybody), but lets not make it a farce.
I am against unform civil law btw, I believe each group should be allowed maximum freedom in this matter, as long as it does not aggravate one specific party. In that case state should intervene and change the rule, no matter what holy book says.

 

[veg]

Muslim divorcees get zero maintenance from their husbands.

And I'm not only talking about bishti mohalla Muslims here ...

This includes the cream.

Cheers, Doc

Brother, a Muslim Woman can seek maintenance from her ex-husband under Section 125 CrPC, till she remarries.

If this law has not worked, then what makes you to believe that law of ending 3 Talaqs will change the situation, when even 3 Talaqs is not even linked to the maintenance directly?

Therefore, if Muslim divorced women are in search of financial support, then they have to pressurize the government and the court to apply Section 125 CrPC with it's spirit.

While the present issue of 3 Talaqs, is "only" limited to the concept of "back to happy life", which is not possible while husband and his family believes it to be fornication. SC made a mistake while interfering in the domain of Belief.

 

[padamchen]

Brother, a Muslim Woman can seek maintenance from her ex-husband under Section 125 CrPC, till she remarries.

If this law has not worked, then what makes you to believe that law of ending 3 Talaqs will change the situation, when even 3 Talaqs is not even linked to the maintenance directly?

Therefore, if Muslim divorced women are in search of financial support, then they have to pressurize the government and the court to apply Section 125 CrPC with it's spirit.

While the present issue of 3 Talaqs, is "only" limited to the concept of "back to happy life", which is not possible while husband and his family believes it to be fornication. SC made a mistake while interfering in the domain of Belief.

I understand perfectly what you are saying.

I am sure none of the aggrieved women have any realistic hope of a happily ever after.

But alimony/maintenance is what they've been robbed off.

Not just they. Most of them are talking about their kids.

Cheers, Doc

 

[wiseone2]

Brother,

Please understand, according to the Indian law, "already" a Muslim man cannot abandon a wife after 3 Talaqs, but he has to pay for her maintenance till the time she remarries.

who enforces this rule ?