What's new

triple talaq unconstitutional - Indian Supreme Court

Supreme court cannot change the Belief of a person.

Agreed.

But it contravenes with the laws as well.

While belief is personal, the plight of people is a constitutional matter.

Hence the announcement.

A lot of archaic customs from all communities are dying out or are being removed. Many youths in my community do not subscribe to the rigidity of the chief monks' order too at the monastery. Some leave monasteries as well if they find their tutors too rigid.

Come on man, we are all entering a new era.

Time to remove things that are not relevant in this age.
 
.
Agreed.

But it contravenes with the laws as well.

While belief is personal, the plight of people is a constitutional matter.

Hence the announcement.

A lot of archaic customs from all communities are dying out or are being removed. Many youths in my community do not subscribe to the rigidity of the chief monks' order too at the monastery. Some leave monasteries as well if they find their tutors too rigid.

Come on man, we are all entering a new era.

Time to remove things that are not relevant in this age.

Brother, you should understand that Indian Muslim women requested this law in order to stay "happily" with their husbands.
But these Indian women are wrong. Even with the orders of the Supreme Court, they will not their previous status of wife back, while according to the belief of the husband, he will only be fornicating if she comes back.

So, the main purpose of "happy life" is no way going to be fulfilled. Instead, the life of the couple becomes much more hell with this decision.


I am an Atheist, and I personally believe this Sharia order of Talaq to be totally wrong.

But here, the interference of Indian Supreme Court in the Personal Law, will only bring the complications and not the desired results.

If supreme court wants to give rights to the women, then give them the right to change their religion and marry the person of their choice. But supreme court should not "change" the "belief" of any person in name of the rights of women.
 
.
Divorce or Religion itself lie in the "Private" domain of a person, and "State" should not/ could not interfere in it.
Tell me, if a religion demands human sacrifices, will it be a private domain? Or if a religion allows you to sell your wife, will it still be private matter? Private matter remains private till the parties involved are in consent. When they are not, it is not private anymore. If a husband and a wife agree to divorce and live separately, rest is formality. Problem happens when they do not agree on something. Then it becomes the question of who is right and who is wrong. Whose rights are being infringed. And courts are best suited to decide that.
 
. .
Tell me, if a religion demands human sacrifices, will it be a private domain? Or if a religion allows you to sell your wife, will it still be private matter? Private matter remains private till the parties involved are in consent. When they are not, it is not private anymore. If a husband and a wife agree to divorce and live separately, rest is formality. Problem happens when they do not agree on something. Then it becomes the question of who is right and who is wrong. Whose rights are being infringed. And courts are best suited to decide that.

Brother, your are right. If any person tries to suicide, then that person will be stopped.

Selling wife is another thing and does not come under the personal law.

But the matter of 3 Talaqs is different. Muslim man marries with this condition that according to the Islamic Sharia, he has the right to say 3 Talaqs in one sitting. So, either the women deny this pact in the beginning. If not, and she agrees with it, and marry that Muslim boy, then Supreme Court now cannot annul this pact unilaterally.

Even in the Western democracies, if people make a marriage contract, then all the conditions of that marriage contract have the preference over the land's law.

Please brother, consider these questions and don't neglect them:

(1) A Muslim husband has given 3 Talaqs.
Now supreme court orders him to take the wife back.
But according to the belief of that Muslim husband, he will only be doing the fornication and becoming sinner even if the supreme court compels him to take her back.

No court can compel a person to change his belief. Simply the supreme court will fail here.

(2) And Muslim Women want supreme court to do it while they want to lead a "happy life" with the boy.
But this "Happy life" is not possible.
For boy, he will only do the fornication, which is a sin. This makes the lives of both of them much more HELL than before. And the aim of that "happy life" which Muslim women or the supreme court is trying to achieve, is not going to be achieved.


That is why, the better decision would have been:

(1) Supreme court would have told the Muslim Girls, that according to the Sharia law, they could already stipulate the condition of nullifying the 3 Talaqs condition at the time of the Nikah.
This is the simplest solution, which Islamic Sharia itself presents.
But 99% Muslim don't know it and don't practice it.

Supreme court should have made it mandatory that Muslim girls should have been taught this Islamic right of their at the time of Nikah, and these conditions should be written on the Nikahnama (marriage papers).

By doing so, whole problem would have been solved and no Politics would have been involved.


(2) Other solution was this that Muslim women should change their religion and at least marry only those Muslim boys who don't believe in the practice of 3 talaqs.

(3) In the present scenario, the decision of supreme court is going to make lives Hell of many couples, while boy thinks he is being compelled for the fornication.
 
.
Actually, Indian Supreme court denied the basic claim of the Modi government, i.e. Personal Laws could be abolished if they are against the Human Laws.

Very strange, on one side Supreme Court is saying that Personal Laws have the preference, but on the other hand it is giving a judgement in a personal matter.

Supreme Court is in the contradictions.


 
.
well honestly i don't get it ,whats the fuss about this triple talaq or talaq or divorce .
if one don't want to live with another how hard its to get a divorce in India ?
 
.
well honestly i don't get it ,whats the fuss about this triple talaq or talaq or divorce .
if one don't want to live with another how hard its to get a divorce in India ?

Problems in India are as under:

(1) Firstly, this issue of 3 Talaqs is very dangerous for Muslim women. Their husbands sometimes divorce them in anger when even salt is not more in the food.
Indian Muslim women are not very well educated and very poor. They will not get any job to feed them. So, they are fully dependant upon the Muslim husbands.
Therefore, Indian Muslim women want the Supreme Court to abolish the Islamic practice of 3 Talaqs, so that they could be secured.

(2) Then comes human right organisations, who are always women friendly. They strongly condemned this practice.

(3) Then comes the politics. Islam and Muslims are hated in India by the far right Hindus.
 
.
Problems in India are as under:

(1) Firstly, this issue of 3 Talaqs is very dangerous for Muslim women. Their husbands sometimes divorce them in anger when even salt is not more in the food.
Indian Muslim women are not very well educated and very poor. They will not get any job to feed them. So, they are fully dependant upon the Muslim husbands.
Therefore, Indian Muslim women want the Supreme Court to abolish the Islamic practice of 3 Talaqs, so that they could be secured.

(2) Then comes human right organisations, who are always women friendly. They strongly condemned this practice.

(3) Then comes the politics. Islam and Muslims are hated in India by the far right Hindus.
Still how hard its to get a divorce in India ? For example you see another girl and don't want to live with your wife or if she is not faithful (its not important why you want to divorce her ) how long it take for you to divorce her in Indian courts ?
 
.
Still how hard its to get a divorce in India ? For example you see another girl and don't want to live with your wife or if she is not faithful (its not important why you want to divorce her ) how long it take for you to divorce her in Indian courts ?

For Hindus, it seem there is a period before divorce take place and efforts are made for the reconciliation.

Normally, the guiding rule is to make divorce as simple as possible.

Any how, the case is different when Muslim women are involved. Even the courts and human right activists wanted to take the opposite path and make Divorce as difficult as possible (and the Muslim women too want to have it as hard as possible). Reason is this that Muslim women are heavily dependant upon the Muslim husbands.

At moment, the 3 times divorce in one sitting is ridiculously easy for the Muslim husbands.
 
.
For Hindus, it seem there is a period before divorce take place and efforts are made for the reconciliation.

Normally, the guiding rule is to make divorce as simple as possible.

Any how, the case is different when Muslim women are involved. Even the courts and human right activists wanted to take the opposite path and make Divorce as difficult as possible (and the Muslim women too want to have it as hard as possible). Reason is this that Muslim women are heavily dependant upon the Muslim husbands.

At moment, the 3 times divorce in one sitting is ridiculously easy for the Muslim husbands.
when in theory 3 time divorce have no difference effect than a single time divorce but if a man divorce his wife three time he can't marry her again until she marry another man and then divorce him.

in practice if you don't want to live with one person no matter how hard the law make it , the man or the woman can make the life for their partners so unbearable that they embrace the divorce.

and as far as i understand the number of Hindu women who completely rely on their husband for support is a lot more than the number of Muslim women. and a divorce for Muslims become final after 3 month ,in those three month they can return to each other
 
.
Back
Top Bottom