Tuesday, May 03, 2005

India Muslim divorce code set out

Muslim men are being urged against instant divorce of their wives, in a new marriage code from an authoritative body of Muslim clerics in India. But the code stops short of banning the controversial "triple talaq" pronouncement which allows a man to divorce his wife with immediate effect. Instead, it recommends that Muslims approach a religious body if they wish to separate. Muslim women activists have been pushing for a ban on triple talaq. Under the new guidelines, if a couple feels the need to separate "a man and wife should seek Darul Kaza, a forum of arbitration according to Islamic laws". "There is an attempt to instil the fact that Sharia [Islamic law] is supreme and all Muslim marriages will be governed by it," said Abdul Rahim Qureishi, spokesman of the All India Muslim Personal Law Board. "In keeping with this philosophy, the AIMPLB has laid down that all divorce and marital discords will have to be referred to the [Muslim clergy] and not the civil courts," the AFP news agency quoted him as saying.

4 Comments:

At May 03, 2005 7:20 PM, Anonymous Anonymous said...

Islamic Reformation at last.

Now who said that islam cannot be reformed. The sheer pace of reformation is exhilirating.

I vannot understand why India, which has a secular constitution, allows this nonsense to continue. Sheer fear of islamic violence, I suppose. And if we dont watch it, that soon enough, will be the situation here in Europe.

DP111

 
At May 03, 2005 10:19 PM, Blogger the adventuress said...

I'm afraid you are quite wrong DP111. Read this case more closely; the new marriage code doesn't remove any of the obnoxious provisions of Muslim personal, such as unequal divorce terms and child marriage; it simply advises against them. It's a pre-emptive tactic to keep Indian Muslim women from beseiging the secular courts for redress, which they have long observed treat non-Muslim divorced women far more fairly than sharia court. The mullahs pretend to give something up so that they can hang onto the sharia courts -- and they wouldn't even be engaging in this tame pretense if there was no competition from the non-Muslim majority. Take away the competition (in the form of non-Muslim women who live much better lives than Muslim women) and the whole "Reformation" project sinks back into "real Islam" in a blink.

I suspect this has something to do with a recent landmark ruling of a few months ago, of the Indian Supreme court, which found that all Indian citizens, Muslim or not, are entitled to be treated equaly under the law -- a real victory for women's rights. (The unequal treatment of Muslim women under sharia personal law has been a bone of contention in India for a very, very long time -- and the issue has been in and out of the Supreme Court for years.)

 
At May 03, 2005 10:21 PM, Blogger the adventuress said...

PS this is the real keeper in the article, not the window dressing about "fairness for women":

"There is an attempt to instil the fact that Sharia [Islamic law] is supreme and all Muslim marriages will be governed by it," said Abdul Rahim Qureishi, spokesman of the All India Muslim Personal Law Board. "In keeping with this philosophy, the AIMPLB has laid down that all divorce and marital discords will have to be referred to the [Muslim clergy] and not the civil courts," the AFP news agency quoted him as saying.

 
At May 09, 2005 12:13 AM, Anonymous Anonymous said...

Irene Adler:

I was being sarcastic. Note - The sheer pace of reformation is exhilirating.

DP111

 

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