Monday, 16 July 2018

Triple Talaq and Nikha Halala - Congress and Miodi

Modi slams Cong on triple talaq, asks if it's a party for Muslim men alone
They don't stand with Muslim women on issues of triple talaq and Nikah halala, PM Modi said
IANS |  Azamgarh 
Last Updated at July 14, 2018 16:55 IST
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Raking up the reported remarks of Congress chief Rahul Gandhi that Congress is a party for Muslims, Prime Minister Narendra Modi on Saturday said he was not "surprised" by that but asked whether it would support Muslim women on issues like triple talaq.

Addressing a public rally after laying the foundation stone of the Purvanchal Expressway here, Modi said: "For the last two days I am hearing, that a naamdar leader (Rahul Gandhi) recently said that Congress is a party of Muslims. I'm not surprised."


"Even Former Prime Minister Manmohan Singh once said that Muslims have the first right over nation's natural resources."

"But I want to ask the naamdar of Congress, please tell that is the party only for Muslim men? Because they don't stand with Muslim women on issues of triple talaq and Nikah halala," he said.

The Prime Minister's attack on Gandhi and the Congress on the issue of Muslims came a day after Defence Minister Nirmala Sitharaman accused the Congress of dividing the country on communal lines and playing a dangerous game before 2019 general elections.

Citing a report in an Urdu daily which claimed that Gandhi told a meeting of Muslim intellectuals earlier this week that Congress is a party for Muslims, she had demanded an apology from Congress President.

The Prime Minister also accused the opposition parties of not allowing Parliament to function. "They don't allow the Parliament to function. They stall the proceedings," he alleged.

Modi also said that Purvanchal Expressway will take Uttar Pradesh to greater heights. "More than Rs 23,000 crore will be spent on project. All cities, towns between Lucknow and Ghazipur, that fall on this route will witness a change," he said.

The Prime Minister also said that the Bharatiya Janata Party (BJP) government under Chief Minister Yogi Adityanath has changed the perception about Uttar Pradesh.

"Yogi Adityanath government has been able to control crime rate, corruption in Uttar Pradesh. He has contributed immensely in the state's development," Modi said.

He also said that work on highways, waterways and airways is also being carried out.



PM Modi Asks Congress if it Caters Only to Muslim Men While Ignoring Issues of Triple Talaq, Nikah Halala
PM Narendra Modi was speaking at an event in Azamgarh to lay the foundation stone for Poorvanchal Expressway.
News18.comUpdated:July 14, 2018, 7:29 PM IST facebookTwittergoogleskype
PM Modi Asks Congress if it Caters Only to Muslim Men While Ignoring Issues of Triple Talaq, Nikah Halala Prime Minister Narendra Modi being greeted by Uttar Pradesh Chief Minister Yogi Adityanath and Governor Ram Naik on his arrival, in Varanasi on Saturday. (PIB Photo via PTI)
New Delhi: Gearing up for the 2019 general elections, Prime Minister Narendra Modi launched a direct attack on Congress on Saturday over its stand on triple talaq, asking if the opposition party belongs only to the Muslim men. 

PM Modi said, “If Congress is a party meant for Muslims, it’s up to them. But is it a party meant only for Muslim men? Because you don't stand with the Muslim women on issues such as triple talaq and nikah halala.”

PM Modi was speaking at an event in Azamgarh to lay the foundation stone of the Purvanchal Expressway. Azamgarh has a significant number of Muslim voters, who will prove to be a crucial vote bank in the Parliamentary elections where Uttar Pradesh has the highest representation in the House.

Speaking on the triple talaq issue, PM Modi further added that the Congress have been stalling the triple talaq bill in the Parliament and don't allow discussion on the same.

A day earlier, Union minister Nirmala Sitharaman, too, had attacked the party on similar lines saying the Congress would have to be blamed for any communal tension in the run-up to the elections. The defence minister referred to a newspaper article about Congress chief Rahul Gandhi allegedly saying Congress was a Muslim party and said that the Congress is playing a dangerous game and such efforts at dividing the country on communal lines was last seen in 1947.

Keeping up his attack on the opposition, Modi further took a shot at BSP and SP as well. He said, “The new projects of development are meant for all but it’s unfortunate that some parties who claim to believe and follow Ambedkar and talk about social justice, have always ignored eastern UP.”

“Such parties have benefited and worked for themselves and their family members. Dalits and backwards were used by these parties only for political purposes. Those who won elections after being backed by Dalit and backward votes, only got richer.”

PM Modi even charged at BSP and SP’s newfound love for each other after decades of bitter rivalry. Modi said, “Those who never saw each other eye-to-eye, have now come together and they have nothing else on agenda but to target Modi.”

“The opposition is afraid if people grow, poverty is eliminated, then their politics will seize to exist,” the prime minister added.

Hours before PM Modi was to lay the foundation stone for the Purvanchal Expressway, former chief minister Akhilesh Yadav sought to take the wind out of his sails by claiming it was the SP government's project which was being relaunched by the BJP government on Saturday.



What is Nikah halala, how it was established and where it stands in modern India
Nikah halala is a law that requires a woman to marry and sleep with another man in order to return to her first husband.
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Written by Radhika Iyengar | New Delhi | Updated: March 26, 2018 3:41:49 pm
 Nikah Halala, what is nikah halala, nikah halala meaning, explain nikah halala, triple talaq, muslim laws, islamic laws, muslim marriage laws, muslim marraiges, muslim marriage rules, All India Muslim Personal Law Board, india, indian express

In India, personal laws pertaining to divorce and marriage are anchored in religion. (Source: Illustration by C R Sasikumar)
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In Islam, ‘halala’ is a term that finds its roots in ‘halal’ that translates to something that is permissible, and therefore ‘lawful’. In context of marriage then, it means that a divorced woman can become ‘halal’ (lawful) for her husband again after nikah halala is complete.

Islam dictates that a Muslim man has the liberty to divorce and remarry the same woman twice. However, if he decides to dissolve the marriage for the third time, he can only remarry the same woman if she first marries another man, consummates the marriage, and only if the man dies or willingly asks for divorce, can the woman go back to her first husband and remarry him.

Indian Muslim jurist Moulana Ashraf Ali Thanvi (1863-1943) explained the concept clearly in Bahishti Zewar (a comprehensive handbook of Islamic beliefs and practices) that, “A person pronounces a revocable (raji) talaq. He then reconciles and resumes cohabitation. Two or four years later, under provocation he once again pronounces a revocable talaq. On recovering from provocation, he again resumes cohabitation. Now two talaqs are over. Hereafter, whenever he pronounces a talaq, it will be counted as the third talaq, which will dissolve the marriage forthwith, and should a remarriage be desired by the parties necessitate halala (inter-mediatory marriage).”

After the pronouncement of talaq, the woman becomes ‘haram’ (unlawful and therefore, prohibited) for the husband.

In context of divorce, a bar was laid down in order to ensure that the man did not use it as a tool for torturing his wife (by marrying and divorcing her as many times as he desired). It was the rule of irrevocability. This rule was introduced to maintain strict discipline and to ensure that marriage was not reduced to mere mockery.

It is said that this rule was established by the Prophet himself. Dr. Furqan Ahmad, a Research Associate at the Indian Law Institute wrote in Understanding the Islamic Law of Divorce that “the Prophet tried to put an end to [this] barbarous pre-Islamic practice” which was “to divorce wife and take her back several times in order to ill-treat her”. The Prophet, by the rule of irrevocability of the third pronouncement, indicated clearly that such a practice could not be continued indefinitely. Thus, if the husband really wished to take the wife back, he should do so; if not, the third pronouncement after two reconciliations would operate as a final bar.”

Jurist Moulana Ashraf Ali Thanvi further explained in Bahishti Zewar that if the husband and wife wanted to re-marry for the third time, it could be done only on one condition: the woman had to marry another man and sleep with him. “Now, if the second husband dies or divorces her after sexual intercourse,” wrote Thanvi, “then after completing the Iddat period, she can re-marry the first husband. But, if the second husband died or divorced her before sexual intercourse, then it will be of no account and she cannot marry the first husband in such condition.”

This law, followed by a small part of the Muslim community, is called Nikah Halala.

In India, personal laws pertaining to divorce and marriage are anchored in religion. Triple talaq (where a man can divorce his wife by saying “talaq, talaq, talaq”) is a grave, contentious issue, where the central government feels Muslim women should push back. At the rally in Uttar Pradesh in 2016, Prime Minister Narendra Modi said such laws denied Muslim women their fundamental right. “The lives of Muslim women cannot be allowed to be ruined by triple talaq,” he said. In the midst of this, the government is also pushing the Supreme Court to obliterate nikah halala and polygamy in India. But many Islamic authorities and religious leaders believe BJP’s drive to abolish triple talaq in India is a political ploy.

Defending its hidebound religious laws, the All India Muslim Personal Law Board (AIMPLB) has said before that any deviation from such Quranic injunction (validity of triple talaq) would go against the mandate of the Almighty himself. “Such an act would be going against the very integral practice of Islam, and would be disregarding the precise directions of Allah and also his Messenger which is nothing but a sin,” the body has been quoted as saying.

Nikah halala is a law that requires a woman to marry and sleep with another man in order to return to her first husband. There have been instances where the husband regrets divorcing his wife through triple talaq and in the hope of reconciliation, hands over his divorced wife to another man for marriage, under the condition that the latter would divorce the woman the next day. Muta (conditional marriage), however, is considered to be a sin in Islam and the Sharia law does not permit it. The husband is therefore considered a sinner. The second caliph of the Rashidun Caliphate, Umar (579-644 AD) considered such husbands to be sinners and said, “I will stone to death such persons”.

In modern India, nikah halala has been manipulated and misused. In October 2016, an Indian Muslim woman claimed that her husband’s friend raped her. The husband had lost his wife to his friend in a gambling game, and therefore had to divorce her. In order to get her back, the husband asked his friend to sleep with the woman. The accused (husband’s friend) called it part of the “nikah halala”, so that her divorced husband could take her back.

In the midst of this, several websites and social media pages have emerged offering halala marriage services to women who’ve been divorced by their first husbands. For instance, a twitter page called Halal Nikah reads, “Assalamu’alaykum Alhmadulillah, this is a marriage service for muslims worldwide. take an advantage of it now.”

Such sites offer men who are willing to marry and sleep with the client (in this case, a distraught and divorced woman) in exchange for a fee. Many women who approach these services are either blackmailed or taken advantage of. Many are asked to pay large sums of money. In 2016, a BBC reporter went undercover, posing as a divorced Muslim woman who was seeking a halala marriage service through facebook. The reporter was asked to pay a sum of £2,500, for a bogus, temporary marriage where the man on the facebook page offered to marry and sleep with her.

In patriarchal societies, religious laws have often been lopsided, favouring men. Laws such as triple talaq and nikah halala are not only archaic, but they are also debilitating for Muslim women. The legality of such laws need to be challenged and subsequently, discarded.

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