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

[Qutb-ud-din Aybak]

Mate..I don't see any wrong in this Indian HC verdict. Its' Humane.....

And stop looking at the whole world from perspective of religion...for your comment ,"there is nothing as jihadi because every muslim can become one"...don't you see most of them have already become jihadis and setting the world on fire...By the way..Jihad is harming your own people (muslims) more than non-muslim in terms of causalities and destruction.

who provides the reasons to become one?
how did christians became crusaders?

look at the broader picture. if am lloking at the decision this way than there may be millions more thinking similarly in india. which means more hate will spread there.

 

[third eye]

The desicion can prove worse for india in coming years.
Jihad is mandatory when anyone try to interfere in muslims beliefs.

The so-called triple talaq, or instant divorce, has been banned in more than 20 Muslim countries, including neighboring Pakistan and Bangladesh.

How come no Jihad took place in these 20 Nations including yours ?

 

[Qutb-ud-din Aybak]

The so-called triple talaq, or instant divorce, has been banned in more than 20 Muslim countries, including neighboring Pakistan and Bangladesh.

How come no Jihad took place in these 20 Nations including yours ?

everything aside,the funny thing is your media was holding ISI responsible for triple talaq issue few days ago.
Also still hearing that ISI is responsible for demonetization problems.

 

[third eye]

everything aside,the funnything is your media was holding ISI responsible for triple talaq issue few days ago.

No, dont attempt to change the subject .

I am keen to know why Muslims in Pakistan find what India wants to do a violation of Mulsim right to religion when the same thing has already happened in their nation ?

If as per you Jihad is mandatory why did it not happen in your nation ? Maybe we could learn from your reply.

 

[SarthakGanguly]

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

 

[Qutb-ud-din Aybak]

No, dont attempt to change the subject .

I am keen to know why Muslims in Pakistan find what India wants to do a violation of Mulsim right to religion when the same thing has already happened in their nation ?

If as per you Jihad is mandatory why did it not happen in your nation ? Maybe we could learn from your reply.

i do not trust indian newspapers and media which fed lies to you. and i do not have time to read constitutions of 20 countries to verify. so won't comment on it.
i am a pathan and we have our own rules. Jirga system.

 

[SarthakGanguly]

Jihad is mandatory when anyone try to interfere in muslims beliefs.

Good. Whoever does that will be eliminated then.

 

[third eye]

i do not trust indian newspapers and media which fed lies to you. and i do not have time to read constitutions of 20 countries to verify. so won't comment on it.
i am a pathan and we have our own rules. Jirga system.

Ha ha.. along expected lines !

Do you read your own constitution ?

I can see your discomfort, do not bother to reply

 

[Qutb-ud-din Aybak]

The so-called triple talaq, or instant divorce, has been banned in more than 20 Muslim countries, including neighboring Pakistan and Bangladesh.

How come no Jihad took place in these 20 Nations including yours ?

Ha ha.. along expected lines !

Do you read your own constitution ?

I can see your discomfort, do not bother to reply

ok correct me if i am wrong.
According to Pakistani law man can give instant triple talaq. only law enforced on him is that he will have to give it to her in written form too and that too in a specified time so that if the women remarried again then no problems can be created for her by the husbands.
also it is discouraged by the lawyers to give space for 1 talaq in the forms.
hope i don't get indian newspapers for correction.

 

[GR!FF!N]

The desicion can prove worse for india in coming years.
Jihad is mandatory when anyone try to interfere in muslims beliefs.

Jihad for what??

Giving a woman divorce by just uttering a word thrice and thus freeing yourself from all the responsibility of your life partner??Denying them all the benefits Law has entitled them in case of divorce?

I wish you'd be an woman and would suffer such fate.Only then you'd understand why it is necessary to get rid of 2000 years old mentality.

 

[Qutb-ud-din Aybak]

Jihad for what??

Giving a woman divorce by just uttering a word thrice and thus freeing yourself from all the responsibility of your life partner??Denying them all the benefits Law has entitled them in case of divorce?

I wish you'd be an woman and would suffer such fate.Only then you'd understand why it is necessary to get rid of 2000 years old mentality.

in islam even if a man gives his wife 3 divorses while he is drunk. it is over for them. hope your courts understand this small point.

 

[third eye]

ok correct me if i am wrong.
According to Pakistani law man can give instant triple talaq. only law enforced on him is that he will have to give it to her in written form too and that too in a specified time so that if the women remarried again then no problems can be created for her by the husbands.
also it is discouraged by the lawyers to give space for 1 talaq in the forms.
hope i don't get indian newspapers for correction.

I dont know, you tell me. Its your country not mine.

BTW we have engaged earlier too on this subject in the thread below :

https://defence.pk/threads/if-pakis...abolished-triple-talaq-why-cant-india.455651/

 

[GR!FF!N]

in islam even if a man gives his wife 3 divorses while he is drunk. it is over for them. hope your courts understand this small point.

Well,Thats what needs to be changed. In Hinduism,if a warrior can justify a killing with some rules mentioned,it was considered as not murder,rather a just work. I don't see Hindus killing everyone whoever is violating those laws.

And also,I wonder,from where these "Triple Talaq" came?Did Allah himself gave these rules to men so that they can oppress their women??Did Allah really asked women to stay behind burqa and gave men permission to marry as much women as they wishes??

Or is it just some pathetic men who just implemented their sick mentality using religion?

Polygamy and things like Triple Talaq can't be tolerated just because one community declares it as their way of "Life".What about those women who're suffering due to these injustices?

I dont know, you tell me. Its your country not mine.

BTW we have engaged earlier too on this subject in the thread below :

https://defence.pk/threads/if-pakis...abolished-triple-talaq-why-cant-india.455651/

Because Pakistan can and Pakistanis can't whine saying "Evil Sunnis are changing innocent muslim's way of life".It is much sweeter if you replace sunnis with Hindus.

 

[Qutb-ud-din Aybak]

I dont know, you tell me. Its your country not mine.

BTW we have engaged earlier too on this subject in the thread below :

https://defence.pk/threads/if-pakis...abolished-triple-talaq-why-cant-india.455651/

i know. it was based on some indian media news. but i told you about Pakistani constitutional law.
and we don't follow that constitution mentioned in the thread you just posted.
in our new constitution you cannot make a law rejected bu islamic ideology council comprising of religious scholars from all sects.
which means you can never make such law in Pakistan as it will get challenged in the council or supreme court.

And also,I wonder,from where these "Triple Talaq" came?Did Allah himself gave these rules to men so that they can oppress their women??Did Allah really asked women to stay behind burqa and gave men permission to marry as much women as they wishes??

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.

 

[third eye]

i know. it was based on some indian media news. but i told you about Pakistani constitutional law.
and we don't follow that constitution mentioned in the thread you just posted.
in our new constitution you cannot make a law rejected bu islamic ideology council comprising of religious scholars from all sects.
which means you can never make such law in Pakistan as it will get challenged in the council or supreme court.

Read this :

https://www.ma-law.org.pk/pdf/Law of Divorce in Pakistan (Article).pdf

Here are excerpts :



Husband’s Right of Divorce or Talaq and the Legal procedure

A husband has the unilateral right of Divorce or talaq and he cannot be alienated from this right but can but can be restricted through the marriage contract also known as nikkahnama. As per Muslim Personal Law and under section 7 of the Muslim Family Law Ordinance the husband can pronounces talaq orally as well as by way of Deed of Divorce. Husband is duty bound to send written notice by registered post to the Union Council or concerned government office in charge for issuance of divorce certificates. In the said notice the husband must mention the address of his ex- wife, thereby enabling the government office to issue notices to her by registered post and it shall constitutes arbitration Council within 30 days of receipt of notice for the purpose of reconciliation and settlement if possible. This legislation was introduced to protect women from an instant and unrecorded divorce.

Earlier cases were recorded where woman who was not properly divorced and who later remarried could be punished for bigamy and sentenced up to 7 years (or up to 10 years if she concealed the previous marriage) and only on the complaint of her first husband as there was no proof of dissolution of marriage. Therefore, this legislation was enacted to protect a woman who re-marries from a frivolous criminal case and sentencing. hence it is vital for a woman to be absolutely clear about her marital status and to have documentary proof that she is properly divorced. Notice of talaq can be served on a wife with permission of concerned government office through her father, mother, adult brother or sister – but no other relatives. If this is not possible because her whereabouts are not known and notice cannot be served on her through her immediate family, the husband can still serve notice through a newspaper approved by the concerned government office. It is important to receive a notice from the concerned union council, whereas it has been reported that in some cases families have refused to receive notices, fearing that it is a notice of talaq and hence talaq will not become effective. This practice could lead to unfavorable results as service of notice can be done by way of publication in the newspaper hence refusal to receive notice of talaq is merely an attempt to act like an ostrich.

Once the iddat period which is 90 days from the date the concerned government office receives the talaq notice is over, the office will issue a certificate of Talaq being effective to the husband and wife. Please note that talaq is not effective until the expiry of iddat period and failure to abide by law will cause a simple imprisonment for up to one year and/or a fine of up to Rs. 5000/-, hence the Importance of Registered notice of Talaq

A verbal talaq is not recognised by law and the husband’s failure to send written notice to the government office is treated as no divorce in law. However it is also important to note that as per Islamic scholars, divorce once pronounced by the husband and khula once obtained from the court of law is effective and binding.