Triple talaq unconstitutional, it violates rights of Muslim women: Allahabad high court

[GR!FF!N]

Yes, Allah himself gave these rules to muslims. it's not to oppress women but to save her from such an irresponsible man who give her 3 talaqs at one instant. disgusting man.
Allah asked muslim women to cover her body so that she maybe differentated from slave womens who once used to wear small clothes. Also to keep the body of muslim women who is too precious in Islam away from bad eyes of bad men.

Yes, Allah allows men to marry multiple women at a time and the limit is 4 but on the condition that all 4 will be treated equally. Anyone failing in doing so will be punished during judgement day.

I won't ask similar questions as i respect your GODs and it's laws. Hope you start to do so too.

Man,these what you were writing could've passed in the year of 1000 BC,but you're living in 2016 AD.

 

[Qutb-ud-din Aybak]

Man,these what you were writing could've passed in the year of 1000 BC,but you're living in 2016 AD.

That's what the world isn't understanding about muslims. We have our own way of life,our own shariah laws, our own financial system,our own ideology.
even though we don't follow many of them but we still owns them and always are ready to follow them. with those laws we were the biggest powers until 17th century.
And we hope to rise again by following them again.

 

[S.U.R.B.]

"Of all the lawful things, divorce is the most hated by Allah."
Prophet Muhammad.

Divorce is permitted in Islam as a last resort as sometimes it is truly the best interest of all concerned.
But not until you have evaluated and exhausted all the options of reconciliation.
The three consecutive divorce way is not the recommended one.

In Pakistan among the educated masses it's abhorred to the extent that once the CII Pakistan had to recommend that such an act must be termed as an offence and should be punishable.It was also recommended registering the first declaration of divorce by the husband, following which the second and third declaration would terminate the marriage.

ISLAMABAD: The Council of Islamic Ideology (CII) on Wednesday proposed that the practice of making divorce an act of three vocalised sentences be made an offence.
http://www.dawn.com/news/1158471

But, not much could have been done in this regard afterwards.
Do read about Talaq-e-Ahsan.

"And the divorced women (after the pronouncement of the divorce) must wait for three monthly courses... and their husbands are fully entitled to take them back (as their wives) during this waiting period, if they desire reconciliation." (Al Baqarah 228)

"Divorce may be pronounced twice; then the wife may either be kept back in fairness or allowed to separate in fairness." (Al Baqarah 229)

"Then, if the husband divorces his wife (for the third time), she shall not remain lawful for him after this divorce, unless she marries another husband..." (Al-Baqarah : 230)

"When you marry the believing women, and then divorce them before you have touched them, they do not have to fulfill a waiting period, the completion of which you may demand of them." (Al-Ahzab : 49)

 

[Slav Defence]

1-Please stop attacking each other's faith.
2-Calling any country's culture as uncivilized or backwards is really bad.
3-To those that are Muslims and using such kind of remarks ,please remember that what you are saying about other's culture represent your lack of patience and Islamic understanding. Argue with respect and without the intention to win argument over other or else both parties will become failed miserably to draw any conclusion.
4-As a Muslim , born in Pakistan I have learned that Islam highly itself discourages 3 divorce at a time.In fact,Islam discourages divorce, hurting woman, forceful marriages. A woman come to prophet Muhammad ( P.B.U.H) and complained about the forceful marriage by his parents. Rasool Allah(SAW) immediately announced the cancellation of marriage. Similarly , for 3 divorce there is a system that if both man and woman wanted separation then they take 3 month time.During this time when husband issues 1st divorce he is given option to reconsider or of wife has asked for it from her husband ,she is asked to reconsider to patch up.Similarly if they disagree then after 1 month issue 2nd divorce and so on such that 3rd divorce is given.After 3 months's period the same woman and man cannot reconsider so that other couples in a society take heed and understand that divorce is NOT a joke .Also note that before this attempt of divorce, both are told to reconsider and the elders or guardians of their family are told to attempt to resolve and patch up.I Qur'an Allah(SWT) himself encourages to seek positive sides and neglect negatives.
5-Once, this 3 month period is fulfilled then they cannot reconsider as all attempts are failed.This is the actual sharia way and it has been followed not only in my family circle but also in other areas in Pakistan and islamic world.
6- Remember, even after divorce and during this procedure other important things such as rights of woman, child custody etc have separate concepts and all favoring woman.
7-Now imagine, few men that are well aware of true concept of divorce misuse the privilege and divorce woman thrice at once which is contrary to sharia law itself , imagine how injustice and mockery they did to Islamic law.That's why this is discouraged in Pakistan and other Muslim countries.

8-Also a request to Hindu brothers and sisters to avoid comment about other's religion as only a practicing person is aware of.Indians are not backwards nor uncivilized nor Pakistanis are unjust. We all haves negatives and positives.We need to learn to respect each other.

Regards

.

 

[The_Showstopper]

HIGHLIGHTS

• The Allahabad high court has termed practice of 'triple talaq' as unconstitutional.
• The high court said it violates the rights of Muslim women.
• No Personal Law Board is above the Constitution, the Allahabad HC said.

NEW DELHI: In a major boost to women's rights, the Allahabad high court today called the Islamic practice of divorcing a woman by saying the word 'talaq' three successive times "unconstitutional" and called it a violation of the rights of Muslim women.

"Triple talaq is unconstitutional; it violates the rights of Muslim women. No Personal Law Board is above the Constitution," said the Allahabad high court in its order.

The order was passed by Justice Suneet Kumar while hearing a petition filed by a woman who claimed her husband arbitrarily divorced her.

Justice Kumar also said that triple talaq can't be given arbitrarily. "Personal Law cannot be above the Constitutional law," he stated.


This should have happened long ago, I am happy that my Muslim sisters will have more rights in life: Renuka Chowdhury, Congresspic.twitter.com/m8dDRJb7ZF

— ANI (@ANI_news)December 8, 2016

Incidentally, the Supreme Court is also hearing a petition challenging the validity of triple talaq, as several individuals and NGOs have sought a ban on its practice.

In fact, even the pic.twitter.com/kqxLiEvtT8

— ANI (@ANI_news)December 8, 2016
"The issue of validity of triple talaq, nikah halala and polygamy needs to be considered in the light of principles of gender justice and the overriding principle of non-discrimination, dignity and equality," the Centre said.


Still, the All India Muslim Personal Law Board has said the courts have no role to play in Personal Law , which they say falls under the Fundamental Right to practice religion.





In 1986, the Rajiv Gandhi government passed a law to overturn the Supreme Court's Shah Bano verdict that had granted Muslim women lifelong alimony rights with conditions.

http://www.timesofindia.com/india/Triple-talaq-unconstitutional-it-violates-rights-of-Muslim-women-Allahabad-high-court/articleshow/55869880.cms?utm_source=facebook.com&utm_medium=referral&utm_campaign=TOI

@The_Showstopper

It is the court's decision, Indians irrespective to their religious leanings should accept it. If the concerned people have issues with court order, they can challenge it in Supreme court.

 

[saurav jha]

1-Please stop attacking each other's faith.
2-Calling any country's culture as uncivilized or backwards is really bad.
3-To those that are Muslims and using such kind of remarks ,please remember that what you are saying about other's culture represent your lack of patience and Islamic understanding. Argue with respect and without the intention to win argument over other or else both parties will become failed miserably to draw any conclusion.
4-As a Muslim , born in Pakistan I have learned that Islam highly itself discourages 3 divorce at a time.In fact,Islam discourages divorce, hurting woman, forceful marriages. A woman come to prophet Muhammad ( P.B.U.H) and complained about the forceful marriage by his parents. Rasool Allah(SAW) immediately announced the cancellation of marriage. Similarly , for 3 divorce there is a system that if both man and woman wanted separation then they take 3 month time.During this time when husband issues 1st divorce he is given option to reconsider or of wife has asked for it from her husband ,she is asked to reconsider to patch up.Similarly if they disagree then after 1 month issue 2nd divorce and so on such that 3rd divorce is given.After 3 months's period the same woman and man cannot reconsider so that other couples in a society take heed and understand that divorce is NOT a joke .Also note that before this attempt of divorce, both are told to reconsider and the elders or guardians of their family are told to attempt to resolve and patch up.I Qur'an Allah(SWT) himself encourages to seek positive sides and neglect negatives.
5-Once, this 3 month period is fulfilled then they cannot reconsider as all attempts are failed.This is the actual sharia way and it has been followed not only in my family circle but also in other areas in Pakistan and islamic world.
6- Remember, even after divorce and during this procedure other important things such as rights of woman, child custody etc have separate concepts and all favoring woman.
7-Now imagine, few men that are well aware of true concept of divorce misuse the privilege and divorce woman thrice at once which is contrary to sharia law itself , imagine how injustice and mockery they did to Islamic law.That's why this is discouraged in Pakistan and other Muslim countries.

8-Also a request to Hindu brothers and sisters to avoid comment about other's religion as only a practicing person is aware of.Indians are not backwards nor uncivilized nor Pakistanis are unjust. We all haves negatives and positives.We need to learn to respect each other.

Regards

.

Very well said brother. Totally agree

 

[Slav Defence]

Behave yourselves.In fact, I am locking up this thread as only trolling, abuse and personal attacks are done.Also, next time both noted members will get warning/negative rating/ban or both (negative rating & ban)