Another shah bano case:HC judgment on ‘talaq’ raises eyebrows in Kashmir

[Mech]

Wow....so who interprets a law or a regulation in this banana republic ? Ulema or the judiciary ?

 

[ajtr]

Wow....so who passes a law or a regulation in this banana republic ? Ulema or the judiciary ?

judiciary never pass a law or regulation its the job of parliament............

 

[MandarK]

Bilquees Akhter should not suffer fate of shah bano.

What fate? The Muslim Women (Protection of Rights on Divorce) Act 1986 came after the judgment.

 

[Ticker]

Wow....so who passes a law or a regulation in this banana republic ? Ulema or the judiciary ?

Hey banana eating Malechha, here the Ulema do not and can not pass laws like the Ulema in India which the Indian government can not ignore. The laws here are passed by the government and like in India, following those or otherwise is left to the people.

 

[Mech]

judiciary never pass a law or regulation its the job of parliament............

Edited madamji

 

[Leader]

@JonAsad maintenance and Mehr are two different things. reference to post number 6.

Marrying through Nikkah is a social contract that proclaim man and woman husband and wife, and that to gain a social status for themselves and their children, however the Divorce or Talaq is a personal matter, the concept of Talaq as understood becomes effective if a man says it thrice at a time or at three different occasions, while for woman it is suppose to be as easy as going to local council /Qazi and claim that she wants divorce and it becomes effective immediately,

in male chauvinist society of ours or any society for that matter makes things complicated for women to get divorce...

in an instance a young girl went to prophet and said she wanna divorce from her husband,

prophet asked if he is unkind, she said no, he is very kind

prophet asked if he is poor, she said no, he is very rich

prophet asked if he beats you, she said no, never he did speak to me loud

prophet asked if he doesnot give you maintenance, she said no, he always does

prophet asked if he doesnot fulfill duties of married man, she said no.

prophet asked if he is not good looking, she said no, he is good looking but I dont want to live with him.

and the prophet said, the divorce is established.

that simply shows if you dont have consent, the divorce takes place the moment you carry out your consent to the local council to proclaim your single status !!

similarly, the right of Wali to give consent of his daughter in marriage to someone is revoked the moment girl says No. nobody has the right over the force her. she is free as a bird to decide whatever she wants !!

A girl came to prophet while he was sitting in a meeting and said, she wanted to talk, prophet asked the matter, and she told that her father has consented to a man for her marriage with him, and that she wasn't asked about it, prophet said whats your consent? she said I dont want to marry him, prophet said no one can force you...

why make it hard for women to get divorce, why male chauvinism should be hurdle in practicing Islamic laws???

 

[INDIC]

Ajtr can you tell if Ulema's views are correct according to Islamic laws

 

[Leader]

Bilquees had had initially come up with an application in the trial court seeking maintenance. However, the husband had resisted the application on the grounds that he had divorced her and was not under any obligation to pay maintenance allowance.

and maintenance for herself after idat period is not valid, but maintenance for his children is valid...

 

[ajtr]

What fate? The Muslim Women (Protection of Rights on Divorce) Act 1986 came after the judgment.

Shah bano's case changed the political spectrum of india. Real Polarization started from this case.As for Bilquees Akhter's case is another opportunity to set the things in order.

 

[Sashan]

Though i'm not an an expert voice on islam as i'm new entrant still in transitional phase.This is what i came across

Talaq
Submission (Islam) and Divorce from Quran
Talaq (Divorce) General Rules « The True Religion
Iftidaa

Perhaps I should have been clear. I wanted to understand whether the women will stand to gain from this ruling and if so, what would that be apart from what I summarized in post #9.

 

[ajtr]

and maintenance for herself after idat period is not valid, but maintenance for his children is valid...

Thats where the problem lies.If woman is a housewife she cant go out and earn for herself.What i think Maintenance is must till she gets remarried.In shah bano's case she was 60 yrs old woman who cant even remarry or seek employment.in such a case she deserves maintenance for life.

 

[ajtr]

Perhaps I should have been clear. I wanted to understand whether the women will stand to gain from this ruling and if so, what would that be apart from what I summarized in post #9.

Divorce in any case is not beneficial to any woman unless she is independent financially or if she suffers domestic abuse from husband then divorce is the last resort.problem is one of maintenance from husband.Thats why there is need for uniform divorce law.

 

[INDIC]

Thats where the problem lies.If woman is a housewife she cant go out and earn for herself.What i think Maintenance is must till she gets remarried.In shah bano's case she was 60 yrs old woman who cant even remarry or seek employment.in such a case she deserves maintenance for life.

Can't understand how can a man divorce wife at the age of 60-65.

 

[Speaker]

@JonAsad maintenance and Mehr are two different things. reference to post number 6.

Marrying through Nikkah is a social contract that proclaim man and woman husband and wife, and that to gain a social status for themselves and their children, however the Divorce or Talaq is a personal matter, the concept of Talaq as understood becomes effective if a man says it thrice at a time or at three different occasions, while for woman it is suppose to be as easy as going to local council /Qazi and claim that she wants divorce and it becomes effective immediately,

in male chauvinist society of ours or any society for that matter makes things complicated for women to get divorce...

in an instance a young girl went to prophet and said she wanna divorce from her husband,

prophet asked if he is unkind, she said no, he is very kind

prophet asked if he is poor, she said no, he is very rich

prophet asked if he beats you, she said no, never he did speak to me loud

prophet asked if he doesnot give you maintenance, she said no, he always does

prophet asked if he doesnot fulfill duties of married man, she said no.

prophet asked if he is not good looking, she said no, he is good looking but I dont want to live with him.

and the prophet said, the divorce is established.

that simply shows if you dont have consent, the divorce takes place the moment you carry out your consent to the local council to proclaim your single status !!

similarly, the right of Wali to give consent of his daughter in marriage to someone is revoked the moment girl says No. nobody has the right over the force her. she is free as a bird to decide whatever she wants !!

A girl came to prophet while he was sitting in a meeting and said, she wanted to talk, prophet asked the matter, and she told that her father has consented to a man for her marriage with him, and that she wasn't asked about it, prophet said whats your consent? she said I dont want to marry him, prophet said no one can force you...

why make it hard for women to get divorce, why male chauvinism should be hurdle in practicing Islamic laws???

Find it unfair that a woman has to go through all these uncomfortable questions before getting her divorce (especially if the Qazi asks it in a double-meaning way) while men can just blurt it three times and get their divorce.

Overall, laws must be equal and importantly stringent to validate both sides of the argument. Selective interpretation and unequal power (in Hindus it favours women a lot) is not good for society.

 

[ajtr]

Can't understand how can a man divorce wife at the age of 60-65.

Aadami ka kya bharosa................

http://ibnlive.in.com/news/shah-bano-case-gives-hope-to-muslim-women/113890-3.html

http://www.hindu.com/2003/08/10/stories/2003081000221500.htm