Stop Muslim polygamy, its 'heinously patriarchal' says Gujarat HC, pitching for a common civil code

[Soumitra]

Stop Muslim polygamy, its 'heinously patriarchal' says Gujarat HC, pitching for a common civil code

AHMEDABAD: The Gujarat high court on Thursday made a strong pitch for a uniform civil code and called for the abolition of polygamy in Muslim society in India as it's a "heinously patriarchal" act.

The court recommended an amendment of Muslim personal law saying that in this day and age, the practice of polygamy is often driven by selfish motives.

"On the basis of modern progressive thinking, India must shun the practice (of polygamy) and establish a uniform civil code," said Justice JB Pardiwala, while adjudicating on a petition by a Muslim man who faced bigamy charges after marrying for a second time without his first wife's consent.

The man was charged under section 494 of the IPC, for bigamy, but his second marriage is valid as per Muslim Personal Law, so he could not be prosecuted for bigamy.

Justice Pardiwala had to quash the bigamy charges but while doing so, he said the practice of polygamy and unilateral talaq -- without te wife's consent -- violates the provisions of the Constitution. He quoted Article 44 of Part IV of the Constitution, which mandates that the state must "endeavour to secure for the citizens a uniform civil code throughout the territory."

"If the state tolerates this law, it becomes an accomplice in the discrimination of the female, which is illegal under its own laws," the judge said.

The Quran forbids polygamy if the purpose to marry more than once is self-interest or sexual desire, Justice Pardiwala said. "... It's for the maulvis and Muslim men to ensure that they do not abuse the Quran to justify the heinously patriarchal act of polygamy in self-interest," the judge advised.

Citing history, Justice Pardiwala said that when the Quran allowed polygamy, it was for a fair reason. "The Quran allowed conditional polygamy to protect orphans and their mothers from an exploitative society... When men use that provision today, they do it for a selfish reason."

The court said that abolition of polygamy in Hindu society was a progressive step and added that it could not be replicated for Muslims due to their "social backwardness then". But now, in a much-changed changed socio-economic scenario, "polygamy is going into oblivion" and monogamy is becoming the reality, the court observed.

 

[IndoCarib]

@jamahir
@The_Showstopper

 

[Guynextdoor2]

I agree, about time this practice was discussed more openly.

 

[deckingraj]

absolute great decision....no body should be allowed to exploit on the name of religion..simple!!

 

[livingdead]

with due respect, HC should open up unlimited polygamy to all other religion. I find 4 is a made up number, and quite limiting but still better than 1.

 

[Soumitra]

with due respect, HC should open up unlimited polygamy to all other religion. I find 4 is a made up number, and quite limiting but still better than 1.

If polygamy is fine why not Polyandry?

Why should boys have all the fun?

 

[[Bregs]]

There should be one uniform law for the whole country irrespective of the regions

 

[livingdead]

If polygamy is fine why not Polyandry?

Why should boys have all the fun?

ya... I mean include that as well.

 

[Grevion]

The High Court is right what we need is a common civil code, half of our problems (Religious intolerance and the beef crap) will be far less by then.
But no govt. has the balls to bring it up even for a discussion in the parliament. They think of it as a suicide.

 

[SarthakGanguly]

@The_Showstopper what do you feel about this? I expect a straight answer.

 

[livingdead]

The High Court is right what we need is a common civil code, half of our problems (Religious intolerance and the beef crap) will be far less by then.
But no govt. has the balls to bring it up even for a discussion in the parliament. They think of it as a suicide.

by common do you mean hindu laws imposed on others because they are majority ? will there be elements of islamic /christian law be adopted coz they might be better?

 

[Guynextdoor2]

with due respect, HC should open up unlimited polygamy to all other religion. I find 4 is a made up number, and quite limiting but still better than 1.

Why not 4 husbands for every one woman then? Why only such largesse for males then?

by common do you mean hindu laws imposed on others because they are majority ? will there be elements of islamic /christian law be adopted coz they might be better?

General principle of one man one wife is now the standard for most of the civilized world.

 

[livingdead]

Why not 4 husbands for every one woman then? Why only such largesse for males then?



General principle of one man one wife is now the standard for most of the civilized world.

unlimited men for women and unlimited women for men... is there any word for it? polyX?

 

[Guynextdoor2]

unlimited men for women and unlimited women for men... is there any word for it? polyX?

It's called a 'French marriage'

 

[livingdead]

Why not 4 husbands for every one woman then? Why only such largesse for males then?



General principle of one man one wife is now the standard for most of the civilized world.

most of civilized world draws the law from christian principles of victorian period... I disagree on putting a limit, nobody is forcing multiple wives/husbands on people.