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 242 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 Indian Muslim Women s Movement written by Zakia Soman, Dr. Noorjehan Safia Niaz and published by Notion Press. This book was released on 2020-07-29 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays and articles captures the beginning of the Muslim women’s movement in India in the last two decades. Written at different points during the journey, these pieces provide a glimpse into the collective tumultuous journey of women demanding reform in Muslim family law in India and for equal citizenship without discrimination. This journey was undertaken by ordinary women under their own leadership. This collection highlights the challenges faced by women. It also celebrates successes such as the organization of women into groups, abolition of triple talaq and women’s entry into the mazar of Haji Ali Dargah. This book is a collection of articles written by authors, individually and jointly in various newspapers, magazines, journals and other publications. It challenges the misogynist regressive norms for women in family set by patriarchal religious groups. It calls for state accountability in providing safety, security and equality to Muslim citizens. Based on experiences and insights from grounded struggle of ordinary women, these essays give hope and provide strength in addressing discrimination through shared vision and collective democratic action. It calls out the failure of conservative religious leadership as well as elected representatives in providing an enabling environment to the community and particularly, women. It calls out certain feminists for their dual standards and for unsuccessful attempts to weaken the movement for reform in family law led by ordinary Muslim women.

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 Evaluating India s Supreme Court judgment on the instant divorce triple talaq Did the verdict build a real momentum for gender equality written by Francesca Ceserani and published by GRIN Verlag. This book was released on 2020-05-08 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: Essay from the year 2019 in the subject Politics - Topic: Public International Law and Human Rights, grade: 80/100, Birkbeck, University of London (Law), course: Human Rights, language: English, abstract: This paper is about the instant divorce "triple talaq" as well as India's Supreme Court judgment on it. Did the verdict build a real momentum for gender equality? In the pages that follow, it will be firstly illustrated the complex legal system of India, in which personal laws are applied to specific religious groups and communities. Thereafter, the paper will focus on the course of the sentence and finally, it will critically take into consideration various contradictions arisen from the Court’s discussions and conclusions.

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 157 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 The Muslim Women Protection of Rights on Marriage Bill 2018 Triple Talaq Bill Or Triple Talaq Law of India written by Shubham Sinha and published by Independently Published. This book was released on 2019-08-09 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Triple talaq is a form of divorce that was practised in India, whereby a Muslim man could legally divorce his wife by pronouncing talaq (the Arabic word for divorce) three times. The pronouncement could be oral or written, or, in recent times, delivered by electronic means such as telephone, SMS, email or social media. The man did not need to cite any cause for the divorce and the wife need not have been present at the time of pronouncement. After a period of iddat, during which it was ascertained whether the wife is pregnant, the divorce became irrevocable. In the recommended practice, a waiting period was required before each pronouncement of talaq, during which reconciliation was attempted. However, it had become common to make all three pronouncements in one sitting. While the practice was frowned upon, it was not prohibited. A divorced woman could not remarry her divorced husband unless she first married another man, a practice called nikah halala. Until she remarried, she retained the custody of male toddlers and prepubescent female children. Beyond those restrictions, the children came under the guardianship of the father.

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 Issues in Islamic Law written by MashoodA. Baderin and published by Routledge. This book was released on 2017-07-05 with total page 677 pages. Available in PDF, EPUB and Kindle. Book excerpt: Islamic substantive law, otherwise called branches of the law (furu? al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process of ?cultivation? (istithmar), whereby the qualified jurist (mujtahid), as the ?cultivator?, uses relevant rules of legal theory to harvest the substantive law on specific issues in form of ?fruits? (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.

Download or read book Encyclopedia of Women and Islamic Cultures written by Suad Joseph and published by BRILL. This book was released on 2003 with total page 873 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family, Law and Politics, Volume II of the Encyclopedia of Women & Islamic Cultures, brings together over 360 entries on women, family, law, politics, and Islamic cultures around the world.

Download or read book Talaq Talaq Talaq written by Karen Leslie Hernandez-Andrews and published by . This book was released on 2006 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Questioning the Muslim Woman written by Nida Kirmani and published by Routledge. This book was released on 2016-03-16 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: The marginalisation of Muslims in India has recently been the subject of heated public debate. In these discussions, however, Muslim women are often either overlooked or treated as a homogenous group with a common set of interests. Focusing on the narratives of women living in a predominantly Muslim colony in South Delhi, this book attempts to demonstrate the complexity of their lives and the multiple levels of insecurity they face. Unlike other studies on Indian Muslims that focus on Islam as a defining factor, this book highlights the ways in which religious identity intersects with other identities including class/status, regional affiliation and gender. The author also sheds light on the impact of such events as the Babri Masjid demolition in 1992 and the subsequent riots, the Gujarat communal carnage in 2002, and the anti-Sikh violence in New Delhi in 1984, along with the rise of Hindutva, and growing Islamophobia experienced worldwide in the post-9/11 period — on the articulation of identities at the local level and increasing religion-based spatial segregation in Indian cities. The study highlights how these incidents combine in different ways to increase the sense of marginalisation experienced by Muslims at the level of the locality. Understanding the need to look beyond preconceived religious categories, this book will serve as essential reading for those interested in sociology, anthropology, gender, religious and urban studies, as well as policymakers and organisations concerned with issues related to religious minorities in India.

Download or read book Nikah Halala written by Ziya Us Salam and published by Bloomsbury Publishing. This book was released on 2020-07-18 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Muslim society in India remains in a state of denial when it comes to nikah halala. The Quran allows divorce twice. After that the spouses either live together happily or divorce gracefully. Nowhere does it allow marriage with a pre-arranged date of divorce to a new man only to go back to the former husband. Nikah Halala: Sleeping with a Stranger is a probing exercise that exposes the cycle of instant triple talaq followed by a fake marriage, which too ends with another instant triple talaq that allows the woman to marry the former husband. While the holy book does not mention instant triple talaq, this tradition is unique to the Indian subcontinent that claims to bring squabbling couples together but ends up making a mockery of the faith and punishes women for the crimes of men. The first ever book to talk of the subject, Nikah Halala presents the sordid reality of mock marriages against the background of Quranic injunction on the subject and exposes the departure in practice from the teachings of the holy book that gives divorced women complete freedom to follow their path.

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 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 Divorce and Remarriage Among Muslims in India written by Imtiaz Ahmad and published by . This book was released on 2003 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Divorce is usually studied in terms of two distinct perspectives. One focuses on the procedure laid down for giving the seal of final authority to a divorce. The other explores the processes that are set in motion once the stability of a marriage is threatened. The latter perspective does not see divorce in isolation but treats it in the wider context of social structure. When divorce in Muslim communities is discussed, the tendency quite often is to place theology and law at the centre. This book recognizes that divorce in Muslim communities entails substantial theological and legal dimensions, but takes as its point of departure the view that it is only by placing divorce in the social and cultural context that meaningful conclusions can be arrived at. It examines, in the light of empirical evidence, the incidence of divorce and separation, the social and other causes due to which divorce and separation takes place, and the position of divorced women in society as well as their prospects of remarriage. In the process substantial methodological and theoretical questions relevant to the study of divorce as a social phenomenon are raised. The book has an immediate practical aim as well. Muslim law of divorce, particularly the provision of triple divorce, which vests a unilateral right in the husband to pronounce a summary divorce upon his wife, has been the subject of considerable controversy. Essentially, the papers brought together in this book are sociological analyses of divorce and remarriage among Muslims in India and the data thrown up as part of these analyses should clear some points in the controversy.