Was forced to undergo 6 abortions by husband: Shayara Bano, who has challenged triple talaq practice

[ranjeet]

Shayara Bano, who has filed a petition in the Supreme Court appealing for triple talaq to be declared unconstitutional, has said that her husband forced her to undergo six abortions.

Bano, who hails from Uttarakhand, told 'The Times of India' that she petitioned the apex court as she was no longer able to bear the ordeal and wanted justice for her.

While narrating her ordeal, Bano said her husband Rizwan Ahmed forcibly administered her pills that ultimately ruined her health. Bano further said that she wanted to be with her children, who are still with her husband.

Bano knocked at the doors of the SC after her husband last October sent a letter to her with "talaq, talaq, talaq" written on it.


Petitioner Shayara Bano has challenged the constitutionality of Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 in so far as it seeks to recognise and validate polygamy, triple talaq and nikah halala.

She has also challenged the Dissolution of Muslim Marriages Act, 1939 saying that it fails to provide Indian Muslim women with protection from bigamy.

Talaq-e-bidat is a Muslim man divorcing his wife by pronouncing more than one talaq in a single tuhr (the period between two menstruations), or in a tuhr after coitus, or pronouncing an irrevocable instantaneous divorce at one go (unilateral triple-talaq).

A high-level committee set up by the Central government to review the status of women in India has reportedly recommended a ban on the practice of oral, unilateral and triple talaq (divorce) and polygamy.

As a debate over gender bias in temples and places of worship has gripped the country, All India Muslim Women Personal Law Board (AIMWPLB) president Shaista Ambar has called for nullifying the triple talaq system.

Terming the triple talaq system as un-Islamic and an evil practice, Shaista said she would leave no stones unturned to nullify the instant way of divorcing.

The All India Muslim Personal Law Board is likely to oppose any move to scrap triple talaq and the Shayara Bano case which had called it unconstitutional in the Supreme Court.

As per a report by ToI, the AIMPLB had last week decided to thwart any attempt by the Centre or "any authority" in the Muslim personal law to scarp triple talaq.

http://zeenews.india.com/news/india...nged-triple-talaq-practice-in-sc_1877739.html

 

[Peshwa]

I dont quite understand the rationale behind the rule itself or the law protecting it. can someone please explain the practice and why it has been allowed?

 

[Icarus]

I dont quite understand the rationale behind the rule itself or the law protecting it. can someone please explain the practice and why it has been allowed?

Its a contested practice. The original idea behind it is that divorce cannot be offered in one go so as to give couples time to think about whether they actually wish to go through with it or if they just momentarily lost their cool in a fit of rage. However, people tend to just get that technicality over with by declaring divorce consecutively three times. That being said, theologians believe that divorcing someone by offering the three divorces in quick succession is not justified religiously and believe that for it to be religiously binding, the husband has to wait a month between each declaration of divorce.

 

[Peshwa]

Its a contested practice. The original idea behind it is that divorce cannot be offered in one go so as to give couples time to think about whether they actually wish to go through with it or if they just momentarily lost their cool in a fit of rage. However, people tend to just get that technicality over with by declaring divorce consecutively three times. That being said, theologians believe that divorcing someone by offering the three divorces in quick succession is not justified religiously and believe that for it to be religiously binding, the husband has to wait a month between each declaration of divorce.

Well that makes sense (highlighted).

Its a contested practice. The original idea behind it is that divorce cannot be offered in one go so as to give couples time to think about whether they actually wish to go through with it or if they just momentarily lost their cool in a fit of rage. However, people tend to just get that technicality over with by declaring divorce consecutively three times. That being said, theologians believe that divorcing someone by offering the three divorces in quick succession is not justified religiously and believe that for it to be religiously binding, the husband has to wait a month between each declaration of divorce.

Does Pakistan have a similar law or has this been customized to the Indian muslims?

 

[Icarus]

Well that makes sense (highlighted).



Does Pakistan have a similar law or has this been customized to the Indian muslims?

Pakistani Family Law considers the orally issued declaration of divorce to be valid, though there is relevant paperwork that follows.

 

[DesiGuy1403]

Its a contested practice. The original idea behind it is that divorce cannot be offered in one go so as to give couples time to think about whether they actually wish to go through with it or if they just momentarily lost their cool in a fit of rage. However, people tend to just get that technicality over with by declaring divorce consecutively three times. That being said, theologians believe that divorcing someone by offering the three divorces in quick succession is not justified religiously and believe that for it to be religiously binding, the husband has to wait a month between each declaration of divorce.

Sir, forget the theology part of it for a second and consider the morality of it.

it's a darn shame that in this age there are huge sections of woman who are forced to go through what this lady is going through.

As a man, there is no where for us to hide after reading her story.

Unfortunately and sadly it's not an isolated case.

 

[Icarus]

Sir, forget the theology part of it for a second and consider the morality of it.

it's a darn shame that in this age there are huge sections of woman who are forced to go through what this lady is going through.

As a man, there is no where for us to hide after reading her story.

Unfortunately and sadly it's not an isolated case.

I'm not going to defend that in any way. Its absolutely wrong.

 

[jamahir]

Sir, forget the theology part of it for a second and consider the morality of it.

it's a darn shame that in this age there are huge sections of woman who are forced to go through what this lady is going through.

As a man, there is no where for us to hide after reading her story.

Unfortunately and sadly it's not an isolated case.

I dont quite understand the rationale behind the rule itself or the law protecting it. can someone please explain the practice and why it has been allowed?

Does Pakistan have a similar law or has this been customized to the Indian muslims?

you want to talk about islam or of desi muslims who adopted non-muslim practices thus corrupting islam??

if the former i am here, other than what @Icarus said in post# 4.

read my below thread and let's continue the discussion there :

https://defence.pk/threads/prenups-in-indian-weddings-and-islam.413278/

 

[barbarosa]

I would like to suggest to all respected members of PDF that we should not analysis on the religious probs of the others be cause we do not know what is the method of talaq in budh religion, Hindu religion and Christ religion etc etc. When i myself do not know the above mentioned religions method of talaq nekah etc then i have no right to post my analysis and comments on these. Thanks.

 

[Ryuzaki]

If I am not wrong ,this law is also prevalent in Indonesia and Malaysia

 

[Sky lord]

If I am not wrong ,this law is also prevalent in Indonesia and Malaysia

And Africa, idi Amin famously divorced one of his wives over the radio. He then later had her hacked to death and sewed her up backwards before burial. Charming man!!

 

[Boss Dragun]

If I am not wrong ,this law is also prevalent in Indonesia and Malaysia

you're wrong. as there are many indonesian moslem in the country, they're not in a way as backward as other Muslims. besides, there is no sharia law to enforce that in the country, except for the province of Aceh.

i can't post link yet. though i'm pretty sure you can find it by google. title reads as "
Abortion is illegal and wrong for Indonesian Muslim leaders as well"

dunno for malaysia. i don't really care about them.

 

[Anazvara]

Muslim votebank. I don't think even BJP will bring in an uniform civil code. It's sad to see that so many people in India have ISIS mentality.

That will depend on UP elections.

If Muslims as a group in UP vote for BJP (very unlikely) then it will be difficult for BJP to bring in Uniform civil code. However if muslim women and progressive group vote for BJP in UP and bring it to power then uniform civil code is a certainty by the end of this BJP term.

End of the day, its elections that decide the fate of the people and that is how it should be.

 

[باپ]

So why she didn't speak after first abortion?
Also what's the link between her abortions and Islamic divorce procedure.
P.S. women are allowed to ask for divorce in Islam and can keep away from husband until he grants divorce.

 

[bongbang]

In BD nothing like this triple talaq system exists.