Polygamy cannot be regarded as essential part of Islam, says Indian government
Posted on November 6th, 2016

Courtesy:  The Independent ( UK)

Monday 10 October 2016


The practices ‘need to be considerd in the light of principles of gender justice’ Indian government argues


The Indian government has petitioned the country’s Supreme Court for a ban on polygamy, the practice of of having more than one wife.

It has also called the practice of triple talaq “misplaced in a secular country”. It allows Muslim men to divorce their wives by repeating the word “talaq,” meaning “I divorce you,” three times.

Currently, India’s constitution allows Muslims – the biggest minority religion in the country – to regulate their own laws governing matters such as marriage, divorce and inheritance.

However the government of Narendra Modi has filed an affidavit to the court arguing that polygamy and triple talaq impacts a woman’s status and her right to live with confidence and dignity, The Indian Express reports.

It is submitted that 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 affidavit filed by the government says.

The fundamental question for determination by this court is whether, in a secular democracy, religion can be a reason to deny equal status and dignity available to women under the Constitution of India.”

It also said the practices are not protected under Article 25 of the constitution, which guarantees immunity to practices essential or integral religion.

Even theocratic states have undergone reform in this area of law and, therefore, in a secular republic like India, there is no reason to deny the rights available under the Constitution,” the affidavit adds.

“The fact that Muslim countries where Islam is the State Religion have undergone extensive reforms goes to establish that the practices in question cannot be regarded as integral to practices of Islam.”

The practice of talaq has been banned in more than 20 countries, including Pakistan and Bangladesh.

Earlier this year, Muslim women in India petitioned the Supreme Court to ban triple talaq, arguing it is unconstitutional, discriminatory and contrary to Islamic law.

Case studies carried out across India by Bharatiya Muslim Mahila Aandolan, an organisation fighting for the rights of Muslim women in the country, found some men had exercised the practice via relatives, over the phone or even by email or text message.

Courtesy:  The Independent ( UK)


Muslim Women’s group calls for Sharia courts to be banned in India to stop inequality and human rights violations

India’s Supreme Court is currently deciding a case on ‘triple talaq’ instant divorces

8 September 2016


A women’s group is calling for Sharia courts to be banned in Indiato stop inequality and violations of human rights.

The Muslim Women’s Quest for Equality (MWQE) has filed an affidavit arguing the courts, which govern marriage, divorce and family cases for India’s 150 million Muslims, should not be allowed to function as a parallel judiciary.

Its case said organisations including the All India Muslim Personal Law Board (AIMPLB) should be abolished to save the country and Indian Muslims from the clamp of fundamentalists/activists,” the Hindustan Times reported.

The MWQE argued that freedoms under India’s secular constitution were being abused to leave the courts entirely free from government control”.

Opponents to sharia have said the Islamic system is contrary to justice

The country’s Supreme Court rejected a previous petition seeking to ban Sharia courts two years ago, but stressed that they had no legal powers over Muslims and their decisions could not be enforced.

Its ruling said Islamic judges, who interpret religious law, could only rule when individuals submitted voluntarily to them and their decisions, or fatwas, were not legally binding.

Vishwa Lochan Madan launched the 2014 petition after a Sharia court ordered a woman to leave her husband and children to live with her father-in-law, who had raped her.

The latest push came as the Supreme Court considers another case on the practice of triple talaq” instant divorces and polygamy.

Muslim men can divorce their wives by repeating the word talaq” three times, meaning I divorce you”, in a practice banned in more than 20 countries including Pakistan and Bangladesh.

The Bharatiya Muslim Mahila Andolan (India Muslim Women’s Movement) said it knew of cases where arbitrary divorces” declared over postcards or telegrams had been upheld by Sharia courts.

AIMPLB’s argument that a Muslim man can delegate his power of pronouncing talaq to his wife is laughable – this can hardly be expected to happen in real life if the wife wants a divorce but husband doesn’t,” a spokesperson said.

The truth is Muslim personal laws – like other religious laws – flow from patriarchy and relegate women to second class status.”

The AIMPLB, a non-governmental body that oversees the application of Muslim personal law, opposes any ban on triple talaq” and polygamy.

In evidence to Indian Supreme Court, it argued that men have greater reasoning power compared to women, and that a man using triple talaq” was a better option than murdering her or burning her alive, Reuters reported.

Sharia grants the right to divorce because men have greater power of decision making,” the group said. They are more likely to control emotions and not take a hasty decision.”

The AIMPLB also argued that polygamy was a “social need” and a “blessing” as a lawful second wife was better than a mistress and added that it gave divorced or widowed women more opportunity to remarry.

Indian law allows most religions to regulate matters such as marriage, divorce and inheritance through their own civil code but there has been repeated debate over whether the arbitrary” laws violate the constitution.

The government is expected to file its own response to petitions against triple talaq” to the Supreme Court next month.


Courtesy: The Independent (UK)

8 Responses to “Polygamy cannot be regarded as essential part of Islam, says Indian government”

  1. Dilrook Says:

    Polygamy is a disgusting practice and it must be rooted out of Sri Lanka’s law. At any given time a person can be married to just another one person.

    There is no need to consult Muslims or Islam. It is simply a barbaric practice and it must be made illegal in Sri Lanka. Hopefully this will not be made into a political issue. All should support attempts to have one law for all.

  2. Ananda-USA Says:

    Polygamy is INDEED a barbaric practice, but so is CASTE, RACE and SEX DISCRIMINATION.

    Make ALL of them ILLEGAL in Sri Lanka, and ENFORCE the Laws!

    Specifically, open up Hindu Temples, and Tamil Schools to ALL including Low Caste Tamils, require admission of Low Caste Tamils to the Hindu priesthood and temple poosari positions, make ILLEGAL the Thesawalamai law restricting property ownership in the North, declare the taking of multiple wives and divorcing them at willo by reciting I divorce thee three times by Muslim men as IILEGAL, and replace Muslim inheritance laws by the law of the land.

    In general, declare sex, caste, religion, and race attributes irrelevant in the governance of the land, especially among the moniritiy communities. Currently, such anti-discrimination laws are ENFORCED only in the Sinhala community. There CANNOT BE different laws for different people in Sri Lanka!


  3. Dilrook Says:

    Fully agree with Ananda.

    This must take the cake – [quote] require admission of Low Caste Tamils to the Hindu priesthood and temple poosari positions [unquote].

    However, in the same vein caste should be eliminated from Buddhists sects that also discriminate on caste. This will bring better suited Mahanayakas to these sects.

    Tribal school names and practices including but not limited to Hindu College, Muslim College, Catholic College and Buddhist Ladies College must be converted by name and deed to accept anyone. Tribal political parties must also be banned.

    It is a shame Sri Lanka with a 70% Buddhist population and Buddhism supposedly having the foremost place still carries tribal legacy laws. Some argue Thesawalamei Law is harmless. It doesn’t matter. It discriminates in its application (only applies to Malabar coast people in Sri Lanka) and hence it must be abolished.

    Religious practices of the Sharia Law should be allowed to the extent it’s provisions don’t contradict the law of the nation.

  4. Lorenzo Says:

    Muslims marry 4 women each. That is why their population growth rate is 4 times higher.

    They also marry outside the Muslim community. This has to stop before all peaceful means to stop it dry up.

  5. Christie Says:

    Polyandry and polygamy is part of the Sinhala culture. Marriage is something that was brought in by the British and Indian colonial parasites.

  6. Christie Says:

    බහු සේවනය Sඉන්හල හැදියාවේ වැදගත් කොටසකි. විවාහය සුද්දාත් ඉන්දියානුවනුත් අපි මත පැටවූවකි.

  7. Ancient Sinhalaya Says:

    Sinister idea behind this is multiplication. Same time the mussie man gets jolly good time. Male dominated xxxxlam,
    having several baby machines is very very good for outnumbering the natives. The job get done in double quick time
    for the so called religion of violence. That’s what they did in old Buddhist iran, afganisthan, pakesthan, bangladesh,
    maldives, malaysia, indonesia. Multiply multiply and outnumbered the natives. Within a few hundred years they all
    became mussie countries. Now the mussie baby machines working overtime in Sri Lanka, india, Thailand,
    Mynmar to produce lorry loads of baby mussies. In few yes they will be votes, votes, votes. Votes means mayors,
    mps, ministers, etc. etc. etc. Crafty mussies know how to outnumber and choke the natives. Clever mussies or
    nasty, crafty mussies!

    Make 2 children to a family a law.
    If the governments are scared to upset mussie vote, then stop FREE education, FREE med. after 2 children.
    Mussie baby machines will stop. Or the whole world will be mussies. It is not that xxxxlam is best thing in the world.
    It is because, nobody outside xxxxlam believes the crap they clone themselves like xxxx. Surprise, surprise we
    got so many followers. Not just religion of violence. Fastest breeding religion!

  8. Ancient Sinhalaya Says:

    Sinhalese couples working and struggle to bring up one child while mussie men doing businesses have several
    baby machines at home multiplying. Automatic birth control for the Sinhalese. But greedy Sinhalese
    deshapaluwan don’t give a damn. Look at some of the Sinhalese deshapaluwan. Somersaulting banda (sb),
    lakshman kiribxxxx, cham pakayx, pol pot ponila the batalande wadakaya, maru sira etc. etc. Do they give a
    damn? No chance in hell. Sinhala modayas who can’t see any further than their noses, they are doomed. Mussies
    adn tamils know it. So they are hell bent on destroying the Sinhalese race!

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