Download or read book Triple Talaq written by Salman Khurshid and published by Oxford University Press. This book was released on 2018-01-25 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Triple talaq, or talaq-e-bidat, is one of the most debated issues in the Muslim world. From antiquity, the Muslim faith has been plagued by the portrayal of Muslim men regularly misusing this perceived “right” to divorce their wives instantly by simply uttering “talaq” thrice. The Supreme Court of India, in the landmark judgment of Shayara Bano v. Union of India, has taken the step to declare this form of talaq unconstitutional and to strike down its practice. In Triple Talaq: Examining Faith, Salman Khurshid, who intervened to offer the court an amicus brief in the “Triple Talaq case”, offers a straightforward yet comprehensive overview of this complicated issue. Explaining the reasons behind the court’s decision, he dives deep into other aspects of this practice: why it is wrong; why it has thrived; what was the judicial history of this issue; what the Quran and Muslim religious leaders say about it; and what the comparative practices in other countries are. A handy guide to this landmark decision and what it means for Muslims in India, this book is written not just for the theologian, but also for the common reader.

Download or read book Triple Talaq written by Dr. Aijaz Ahmad and published by K.K. Publications. This book was released on 2021-08-09 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book ‘Triple Talaq’ has been written to enlighten the readers about the most burning issues of talaq in current times. For the years the triple talaq was generally the topic of discussion among my colleagues and other intellectuals of the society. They generally asked me questions regarding the triple talaq and tried to satisfy them. However, after a deep study, I have tried to satisfy the readers through this book and hope the government would also learn a lot for the new legislation about the triple talaq. The controversy regarding the triple talaq and to know the details about the subject in the Shariah (Islamic Law or Revealed Law of Allah Almighty), motivated the author to study deeply on the subject and write this book “Triple Talaq” for the readers. It is a humble beginning to understand the details of the talaq and follow accordingly in the light of the Holy Quraan and Hadeeth (Traditions i.e. acts and sayings of Prophet Mohammad PBUH). This work is neither a final work nor the guidelines or any community or sect. Holy Quran and Hadeeth are the only sources to follow the right path, and the Muslim jurists are the best propounder. This work is meant for the enhancement of the knowledge of the general readers. I shall be happy if the people shall read this work and give feedback as well as the better suggestion on the subject of talaq or triple talaq. I will also request the government to rethink on the subject as it is a matter of faith and, undoubtedly, very sensitive. Marriage under Shariat is a civil contract between man and woman in the presence of the witnesses and it is meant to last for the lifetime of the spouses. The marital co-existence can only last for a long time if it is established on mutual love, compassion and respect for each other. After the marriage, by virtue of this love and affection, the spouses are able to live together in a goodly manner by fulfilling each other's rights. However, sometimes a situation may arise where the husband hates the wife or vice versa. In such a situation, Islam admonishes and enjoins them to bear with each other and find means of reconciliation. However, the hatred may be increased in such a way that it renders the relationship between them so strained that the continuation of their union becomes undesirable. The spouses, under the circumstance, are allowed to terminate the marriage by pronouncing talaq. The marriage termination right is primarily vested in the husband. Thus, he can terminate it on his own initiative through Talaq-e-Ahsan, Talaq-e-Hasan, and Talaq-e-Biddat or triple talaq. This right, however, is not absolute because the marriage can also be terminated at the instance of the wife which is called Khul or Khula. Both the parties can also obtain the divorce through the judicious process. Among all the procedures of talaq, the Talaq-e-Biddat or triple talaq is more controversial right from the lifetime of Prophet Mohammad (PBUH) to the current period. Almost all the Muslim countries have passed the legislation regarding this process, in the light of the Holy Quraan and Hadeeth, for the amelioration in the Muslim society according to the need of the time. In India, the current government has also started a step in this regard, but due to the mismatch of the Shariat with the parliamentary legislation, it has made the situation more complex. Naturally, the problem is related to the Muslim community, and the government must have involved the Muslim jurists in the compilation of the Bill. The first chapter of the book is ‘Meaning, Definition, and Concept of Talaq’. In this chapter, the full introduction of talaq including its origin, meaning, and definition has been clearly defined. It has also been defined that how the Islam has given a novel idea and practice of marriage and separation or talaq. The concept of talaq is to provide more freedom to the people in the worldly affairs. Different types of people can use the idea at different times and circumstances. While other religions fixed the marriage as bondage, the Islam defined the marriage as a civil contract and one can freely untie the contract in unavoidable circumstances. The second chapter ‘Types of Talaq’ deals all types of talaq in detail such as Talaq-e-Ahsan, Talaq-e-Hasan, Talaq-e-Biddat, Ila, Faskh, Lian, Mubarat, Khula, Dhihar and separation from the judicious process. It has also been discussed that at what time and circumstances which talaq is permissible according to the Shariah. The ideology of different sects of Islam and other Islamic jurists has been widely discussed with the evidences of the Holy Quraan and Hadeeth. All the means of separation are judiciously proved in a scientific manner. The Third chapter ‘Talaq and Freedom and Rights of Women’ throws enough light on the freedom of women and their rights in the Muslim society. Islam provides its women the freedom to choose the life partner and demand separation if the married life becomes un-adjusting. After the talaq, she can marry the former husband or to another or to whom she likes the most. The women also can hold the property and jewelry for her better use in the future. She is entitled to claim the money from her husband, but not at all necessary to share her money with her husband. She is free, not even to feed her children and serve her in-laws. The fourth chapter ‘Triple Talaq and its Religious and Legal Entity’ deals the subject in the light of the Holy Quraan and Hadeeth. Different Ayats (Sentences) of many Surats (Chapters) of Holy Quraan related to talaq have been widely discussed. Many Hadeeth compiled by many eminent Islamic scholars have been quoted as proof related to the matters of talaq. It has been summarized in this chapter that Allah Almighty and Prophet (PBUH) have provided the talaq as a novel idea for freedom, emancipation, peaceful living and a long-standing social setup. The fifth chapter is ‘Triple Talaq: Worldwide Legislation’ in which the legislation of almost all Muslim countries related to the triple talaq has been discussed. It has been seen that most of the Muslim countries have banned triple talaq by treating it as a social evil and the most sinful act. These Muslim countries have taken the plea that the second Caliph Umar Ibn Khattab had made the ruling to discourage the triple talaq. Even he had punished some of the pronouncers of triple talaq. However, it must be cleared that there is no criminalization of triple talaq in any Muslim country’s legislation, although, they have discouraged and even banned the same. The sixth chapter is the ‘Triple talaq in India’. In this chapter, the circumstances and frequency of triple talaq in India have been discussed. The court cases, including the Ishrat Jahan case of the Supreme Court, the decision of the Supreme Court regarding triple talaq, the triple bill passed by the Lok Sabha, discussion of the Bill in Rajya Sabha, etc. have been discussed in detail. In the last, by analyzing various social aspects, it has been suggested that the triple talaq is the most hateful and sinful act among all permissible things in the Shariat. It must be discouraged by the legislation, but the criminalization of triple talaq or banning the same is not at all appreciable. I hope that the information given in this work is worth reading and, undoubtedly, it will enlighten the youths to avoid the triple talaq or choose the better option of talaq even in unavoidable circumstances. I am sure that the government would also reconsider its policy regarding the triple talaq and would leave the matter for the Muslim jurists to settle according to the Shariat. At last, I would like to say that this work is not complete at all and all scholars are humbly invited to write on this subject to guide the youths of present and future generations to adopt the right path of Shariat and avoid the triple talaq which is not only the most sinful act but also a curse to the society. In the last, I feel it my pleasant duty to acknowledge the kindness, advice, and help, which I received from my respected Islamic scholars like Mufti Mohammad Zahid, Maulana Ansarullah, Hafiz Jamaluddin and many other Islamic scholars. I am also indebted to my colleagues, friends, and relatives Dr. Mohammad Isa Gauhar, Dr. Tufail Ahmad, Advocate Rizwan Ahmad, Dr. Siraj Ahmad, Master Nisar Ahmad, Dr. Shameem Ahmad, Mr. Naseem Ahmad, etc. without whose encouragement, moral support and active cooperation, this work would not have been possible. I am grateful to my wife Imrana Anjum, my children Lubna, Iram, Anam, and Sadaf for their kind support and constant encouragement. Dr. Aijaz Ahmad

Download or read book Till Talaq Do Us Part written by Ziya Us Salam and published by Penguin Random House India Private Limited. This book was released on 2018-04-12 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shayara Bano knocked at the doors of the Supreme Court to challenge her husband's sudden decision of ending their marriage using the three dreaded words: talaq, talaq, talaq. A 1980s Bollywood movie sparked off a national debate on the validity of instant divorce, which even saw Dawat-a four-page daily published by the Jamaat-e-Islami Hind-talking about triple talaq as per the Quran. For a long time, the battle against instant talaq has garnered public attention. In Till Talaq Do Us Part, Ziya Us Salam, an eminent social commentator and an associate editor at Frontline, presents a holistic view of how divorce works in Islam. Ranging from triple talaq to talaq granted over three months to khula and talaq-e-tafweez, the book also discusses other methods of divorce available to a Muslim couple which go ignored thanks to all the attention on talaq, talaq, talaq.

Download or read book Triple Talaq written by Furqan Ahmad and published by Daya Books. This book was released on 1994 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Triple Talaq written by Furqan Ahmad and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long standing controversy among various group of ulamaa on the issue of 'triple talaq' once again has become a burning issue and is hotly debated. A fatwa (juristic verdict) on the issue which appeared before the national press flared up the controversy. Last year three Muftis of Jamat Ahl-i Hadith, according to their Maslak (Law), gave a verdict holding three pronouncements of talaq, all together at single sitting as not to be considered effective under Shariah which requires an interval of one month between one pronouncement and the other, as the procedure of talaq, as mentioned in the Quran. On April 15, justice H.N. Tilhari of the Lucknow bench of Allahabad High Court pronounced that the practice of uttering the word 'Talaq' at one go to effect an 'irrevocable' divorce was both unconstitutional and illegal. This judgement worked as fuel to fire and increased the intensity of the debate. The book does not go into the intricacies of the contents of the judgement. But the view of Ahl-i Hadith ulamaa which is known to all on the issue is indeed thought-provoking for our Hanafi ulamaa of the time. The object of the present study is to examine afresh the longstanding controversy over this topic and to seek a solution acceptable to people of divergent views. The work is based on primary books of Islamic jurisprudence and primary source of Islamic fiqh are consulted to present the true picture of law on the subject. The book would be useful not only for students and researchers of Islamic law but will also help lawyers and judges in dealing with cases according to the letter and spirit of Shariah.

Download or read book Triple Talaq In India written by Kriti Aeron and published by Independently Published. This book was released on 2021-09-03 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of alaq-ul-biddat dates back to the 2nd century of the Islamic period. There is no passage in the Holy Quran that may be construed to validate so-called tripe talaq. Although triple talaq is legal, it is a prohibited method of dissolving a marriage. Triple talaq was denounced by the Prophet as "playing with the book of God while I am still alive." Following the death of the Prophet, the second Caliph, Umar implemented triple talaq in order to avoid religious misappropriation and abuse. When the Arabs conquered Egypt, Persia, Syria, and other states, they discovered that the ladies in other countries were more attractive than Arabian women. Women from Syria and Egypt stated that if they want to marry them, they must divorce their current partners first by pronouncing talaq in one sitting. Therefore, Arab males promptly accepted this requirement since they understood that in Islam, divorce is only permitted twice in two distinct times of tuhr, and declaring triple talaq in one sitting is invalid, un-Islamic, and ineffective. Arabs had the terrible aim of not only marrying these ladies but also keeping their wives in this manner. This book is associated with the condemnatory voyage of Triple Talaq and problems related to Muslim Personal Laws. From the starting when Muslim authorities ordered to gave voyage authenticity to Talaq-e-Biddat until the elimination of the practice in India. The article also discover several logics since the Muslim Personal law is not codified. Wrapping the various variations in the evolution of Muslim Law in India.

Download or read book The Muslim Women Protection of Rights on Marriage Bill 2019 written by Salim Khan Anmol and published by Sakha Global Books, Inc.. This book was released on 2022-08-15 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Muslim Women (Protection of Rights on Marriage) Bill 2019; New English Latest Edition Marriage is said to be the union of two people and is seen as the purest and oldest institution in India. The object of marriage for every religion is different. For example, marriage in Hindus is considered to be a ‘dharma’, but every religion places an obligation to get married for some or other reason. Where marriages among Hindus are considered a sacred institution, marriage among Muslims is seen as a contract. Unlike Hindu Law, Mohamedan Law, or Muslim Law is not codified. This leads to chaos and confusion regarding the various ceremonies and authenticity of various things related to marriage, like consent, age, divorce, maintenance, etc. In order to deal with different problems that arose due to the non-codification of Muslim law, the parliament passed various acts. The article explains all these acts and their important provisions. It also describes the nature and essential conditions of a Muslim marriage. Nature of Muslim marriage Marriage in Muslim law is known as Nikah. It is an Arabic word which means “union of two people”. Baillie’s Digest defines Muslim marriage as a contract done to legalise sexual relationships and the procreation of children, while on the other hand, in Hedaya (a guide or commentary on Islamic Law), nikah means carnal conjunction in its primitive sense. As said by the Prophet of Islam, marriage is his sunna (practices of the Prophet Muhammad) and his followers must obey his practices and follow them properly. When we talk about the nature of Muslim marriage, a question that always arises is whether it is a sacrament or a contract. Some jurists opined that marriage in Muslims is a civil contract while others argue that it has a sacrament attached to itself. Thus, while studying the nature of Muslim marriage, three different aspects are taken into consideration. These are: Legal aspect Social aspect Religious aspect Legal aspect of Muslim marriage The legal aspect says that among Muslims, marriage is a civil contract because it has similar characteristics to a contract. These are: Like a contract, there is a proposal i.e., Ijab by one party and acceptance i.e., Qubul by the other party. In a contract-free consent plays an important role. Similarly, there can be no marriage without the consent of the parties, and such consent must not be obtained through fraud, coercion, force or undue influence. If a minor is married by their guardians, then the minor has a right to repudiate the marriage on attaining the age of majority, which is the same as the age of puberty in Muslims. This option of puberty is also known as khyar-ul-bulugh. Similarly, a contract entered into by a guardian on behalf of a minor can be set aside or controlled by him on attaining a majority. The parties to a marriage are allowed to enter into any kind of ante-nuptial or post-nuptial agreement if it is enforceable by law. The only condition is that it must be reasonable and not contrary to their religion. The terms of marriage in the nikahnama can be altered according to the wishes of the bride and groom, but it must be within the limits of the law. In the case of Abdul Kadir v. Salima (1886), it was held that Muslim marriage is a contract and not a sacrament.

Download or read book Divorce and Democracy written by Saumya Saxena and published by Cambridge University Press. This book was released on 2022-08-25 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on author's thesis (doctoral -- University of Cambridge, 2017) issued under title: Politics of personal law in post-independence India c.1946-2007.

Download or read book The Qur an Women and Modern Society written by Asgharali Engineer and published by Sterling Publishers Pvt. Ltd. This book was released on 2005 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reinterprets divine injunctions from the Quran and traditional practices in Islam in light of the fundamental Islamic values of justice and equality on women's status. This work presents sociopolitical values and medieval social ethos as the origins of repressive practices, discussing controversial issues such as polygamy, and family planning.

Download or read book The Position of Women in Islam written by Mohammad Ali Syed and published by State University of New York Press. This book was released on 2012-02-01 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: Challenging the conservative framers of Islamic law who accorded a lesser status to women, Mohammad Ali Syed argues that the Quran and the Hadith—the two primary sources of Islamic law—actually place Muslim women on the same level as Muslim men. Syed provides an overview of both sources and explores their respective roles in Islamic law, emphasizing the Quran's role as the supreme authority and questioning the authenticity of some of the alleged sayings of the Prophet Muhammad (pbuh). From these texts, he elaborates women's rights in a variety of areas, including treatment by God; marriage, divorce, financial provisions, and custody of children; coming out of seclusion (purdah), and taking part in social, economic, legal, and political activities. Rather than presenting what is practiced today, the book covers the theoretical position of Muslim women as sanctioned by the Quran and the authentic Hadith and offers a glimpse of the exalted position of honor and dignity enjoyed by Muslim women in the early days of Islam. This well-researched book is made more distinctive by the author's personal experience. Raised in Bengal, India, Syed was inspired by his family, who valued men and women equally. As he grew up, Syed realized that most Muslim women lived very differently than the women of his family. According to the author, his family was egalitarian because his father and male relatives were not only devout Muslims but also very knowledgeable about Islam. This book is a culmination of his lifelong concern for women's rights under Islam.

Download or read book Triple Talaq and Muslim Women written by and published by . This book was released on 2018 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Social and Gender Inequality in Oman written by Khalid M. Al-Azri and published by Routledge. This book was released on 2013 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Looking at the social, political and legal changes in Oman since 1970, this book challenges the Islamic and tribal traditional cultural norms relating to marriage, divorce and women’s rights which guide social and legal practice in the modern Omani state. The book argues that despite the establishment of legal instruments guaranteeing equality for all citizens, the fact that the state depends upon Islamic and tribal elites for its legitimacy invalidates these guarantees in practice. Two particular features of the legal and cultural regulation of marriage and marital rights are focused on - the perceived requirement for kafa’aor equality in marriage between so called high and low socio-economic status peoples is examined, and the institution of talaq, which grants greater rights to men than to women in appeals for divorce. This book addresses highly complex subjects with great rigor, in terms of empirical research and engagement with theory, sociological and political as well as theological and legal. It is an interesting investigation of the divisions of authority between the state, Islam and tribal norms, highlighting barriers to reform in both Oman and wider Islamic society, and advocating the removal of such obstacles.

Download or read book Discourse on Rights in India written by Bijayalaxmi Nanda and published by Taylor & Francis. This book was released on 2018-09-03 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a compelling examination of the theoretical discourse on rights and its relationship with ideas, institutions and practices in the Indian context. By engaging with the crucial categories of class, caste, gender, region and religion, it draws attention to the contradictions and contestations in the arena of rights and entitlements. The essays by eminent experts provide deep and nuanced insights on the intersecting issues and concerns of individual and group identities as well as their connection with the State along with its multifarious institutions and practices. The volume not only engages with the dilemmas emerging out of the rights discourse, but also sets out to recognize the significance of a shared commitment to a rights-based framework towards the promotion of justice and democracy in society. The book will be useful to academics, social scientists, researchers and policymakers. It will be of special interest to teachers and students in the fields of politics, development studies, philosophy, ethics, sociology, gender/women’s studies and social movements.

Download or read book Modi s Vision to Empower Women written by Ed. Punam Kumari and published by Prabhat Prakashan. This book was released on 2024-06-05 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: India has witnessed a transformative shift in women’s roles and impact across various sectors over the past decade. From agriculture to aeronautics, business to battlefields, classrooms to corporate offices and playgrounds to parliament, women have redefined gender equality narratives nationwide. This book celebrates this indomitable spirit, exploring women’s struggles, triumphs and significant contributions in shaping modern India. It reflects the evolving influence of women in contemporary Indian society and celebrates their achievements in diverse fields. This book highlights how Indian women have begun to tap into this vast potential, driving a paradigm shift. Each chapter honours women who have challenged societal norms, driven economic growth, and defied conventions. PM Modi's vision of women as nation-builders is evident in the recent law reserving 33% of parliamentary seats for women and initiatives like ‘Lakhpati Didi’ and ‘Drone Didi; empowering female entrepreneurs and revolutionising agriculture. Empowered women contribute Significantly to economic growth, break poverty cycles and enhance community decision-making, essential for realising India’s full potential. A real tribute to the untiring efforts of out empowered women.

Download or read book Mutinies for Equality written by Tanja Herklotz and published by Cambridge University Press. This book was released on 2021-09-30 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies transformations in law and gender in modern India, proposing drivers of change are emerging from beyond traditional institutions.

Download or read book The Asian Yearbook of Human Rights and Humanitarian Law written by Javaid Rehman and published by BRILL. This book was released on 2021-08-09 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 5 is Law, Culture and Human Rights in Asia and the Middle East.

Download or read book 151 Essays for IAS PCS other Competitive Exams Including UPSC CSE Essay Papers written by Dr. B. Ramaswamy and published by Prabhat Prakashan. This book was released on 2023-03-23 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: 151+ Essays for IAS/PCS & other Competitive Exams is a comprehensive collection of essays for the UPSC Mains exam as well as State pass and other competitive exams. This book is designed for the candidates, who is preparing for the Civil Services and other competitive examinations. Highlights of The Book This book consists 151+ Essays which helpful in Mains Examination for essay section. Essays are written on related issues such as Social Development, Economic, Political, Science and Technology, Ethical and Moral Issues, Bihar Related Issues, Philosophy and Religious Environmental, Women Empowerment, Contemporary and other Issues etc. The essays have been written in impressive style incorporating detailed information on the particular topic, ideas for contextual writing, rich vocabulary and analytical skills to arrive at a conclusion. These essays don’t have diversity but depth and book also helpful for those candidates who want quick revision.