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

[jamahir]

@jamahir
@The_Showstopper

as the judge rightly said...

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."

besides, islami law also says only when a muslim man can dispense his love and material comforts fairly/equally among the wives can he be allowed multiple wives... how can that be possible for a non-rich person in a capitalist society like india??

and i must point out another thing that acts as deterrent to polygamy in islam... a married muslim lady has three sources of economic gain or estate - (a). that she acquires by herself, (b). that inherited from parent ( mother or father ) by way of will, (c). the "mahr" ( wedding-time economic/estate acquisition pledge from her groom )... so a muslim man with multiple wives must pay out the "mahr" to the wife each time he weds and then have enough estate/money to give as inheritance to the children later... how many can afford this??

the above also partly answers to the "instant triple talaq over sms and skype" nonsense that many indian muslim males think is part of real islam, the other part being that divorce in real islam happens over three months with the estranged couple going to the local qazi ( judge ) for attempt at reconciliation... each time, the husband says "talaq" and goes back with his wife to try to sort out difference... the third "talaq" at the end of the third attempt at reconciliation obviously means reconciliation has failed... divorce is granted... the wife can also initiate divorce.

it is quite a sophisticated and simple system, you see, but many muslims have corrupted the ways and the mullahs have contributed greatly to this corruption.

as the judge observes...

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.

nevertheless, the judge also says in this case what i said in the "supreme court mistake about hindu female right to parental property" thread day before yesterday...

"On the basis of modern progressive thinking, India must shun the practice (of polygamy) and establish a uniform civil code," said Justice JB Pardiwala

indeed, a ucc designed and refined by socialists/progressives is a must, until india can be applied throughout at social/economic/political level with socialism.

--------
this ( High Court of Gujarat - Hon'ble Judges ) is details about the judge.

 

[Saiful Islam]

I thought India was the largest democracy in the world? People should be allowed to practice their own faith and should be allowed to exercise their right for 4 spouses if they are deemed elegible (livelihood, income, permissibility by other spouse(s)).

 

[Sugarcane]

Good decision, Pakistan should also restrict it, i.e. Person should get permission from court for 2nd marriage, to ensure that it's not being misused.

 

[livingdead]

Good decision, Pakistan should also restrict it, i.e. Person should get permission from court for 2nd marriage, to ensure that it's not being misused.

its a recommendation not decision. Only legislature can decide and enact law.

I thought India was the largest democracy in the world? People should be allowed to practice their own faith and should be allowed to exercise their right for 4 spouses if they are deemed elegible (livelihood, income, permissibility by other spouse(s)).

its illegal in UK, mother of democracy.

 

[IndoCarib]

I thought India was the largest democracy in the world? People should be allowed to practice their own faith and should be allowed to exercise their right for 4 spouses if they are deemed elegible (livelihood, income, permissibility by other spouse(s)).

In case you didnt read the article, the Court is pitching for uniform civil code. That is, doing away with religeon based laws.

 

[jamahir]

@The_Showstopper , before you begin to answer to those who have tagged you in this thread, do you have anything to add to my post ( Stop Muslim polygamy, its 'heinously patriarchal' says Gujarat HC, pitching for a common civil code | Page 2 )??

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

i agree, the "uniform civil code" is a immediate need but only until socialism is applied to the whole system.

 

[Zibago]

Baby your the one par allowed to hain na chaar

 

[jamahir]

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.

surely, a old-fashioned mistress or two ( and aware of your married state ) would help, rather than a wife.

 

[Guynextdoor2]

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.

It solves issues around property ownership and inheritance and higher focus on the progeny that comes out of the marriage.

 

[livingdead]

surely, a old-fashioned mistress or two ( and aware of your married state ) would help, rather than a wife.

whats the difference, its just a legal signed agreement that makes somebody wife/husband.
govt should stay away from this business of sanctioning who is legally allowed to be with whom.

It solves issues around property ownership and inheritance and higher focus on the progeny that comes out of the marriage.

you can be married only to 1 person at one time, there is no limit to how many you can marry in lifetime or how many babies you can have. It solves nothing theoritically.

 

[jamahir]

I thought India was the largest democracy in the world? People should be allowed to practice their own faith and should be allowed to exercise their right for 4 spouses if they are deemed elegible (livelihood, income, permissibility by other spouse(s)).

please read my post ( Stop Muslim polygamy, its 'heinously patriarchal' says Gujarat HC, pitching for a common civil code | Page 2 ).

 

[hunter_hunted]

Welcome to Modi era. The saga continues

 

[jamahir]

whats the difference, its just a legal signed agreement that makes somebody wife/husband.

marriage in modern times or even by islami law is really...

1. safety net for ladies.
2. safety net for males ( against claim of parenthood, right to inheritance etc ).
3. continuation of the traditional family for children.

you know, "the communist manifesto" of 1848 propagated the communist view that family is a obsolete structure, and indeed in south asia, we see the family being another source of oppression.

Welcome to Modi era. The saga continues

this has nothing to do with modi... i support the judge's decision.

Baby your the one par allowed to hain na chaar

mere dost, char karke paisa aur paseena, dono dariya ki tarha beh jaayenge,

 

[Barrel-Bomba]

you know, "the communist manifesto" of 1848 propagated the communist view that family is a obsolete structure, and indeed in south asia, we see the family being another source of oppression.

you have a problem with families too ?

 

[haviZsultan]

Polygamy will be banned in Islamic religions if ijtehad is praciticed again and the religion is discussed in new ways. It was at a time that men took 20 wives. It reduced them to 4. Modern times mean that only 1 wife is allowed. Instructions from Allah.