Skip to main content

Indian Muslim personal law board "favours" one night marriage, forced sex by supporting nikah halala: IMSD

By Our Representative
A Mumbai-based civil rights geoup, the Indian Muslims for Secular Democracy (IMSD) has strongly opposed what it called "All-India Muslim Personal Law Board's (AIMPLB’s) anti-woman and unconstitutional views", saying, they only go to "aid Sangh’s communal agenda." In a note released on July 19, the civil society group said, the AIMPLB's stand on triple talag, nikah halala and polygamy are "retrograde."
The group is led by well-known civil rights leaders Javed Anand as convener and Feroze Mithiborwala as co-convener. Other important functionaries of the group include Hasan Kamaal and Zeenat Shaukatali.
IMSD said, the ulema claim to be defending Islam, but in fact "they are perpetuating patriarchy", and "in the process, they are helping in the demonising of Islam and Muslims." Pointing out that "nikah halala demeans women" and it must be banned, IMSD wonderd, "What justice will Darul Qazas (‘sharia courts’) run by patriarchal ulema bring to Muslim women?"
Supporting the pending petitions in the Supreme Court calling for a ban on nikah halala, polygamy, muta (temporary marriage) and misyar (traveller’s stop-gap marriages), IMSD said, it "proposes to intervene in the Supreme Court in support of the petitions filed by Sameena Begum and Naish Hasan demanding the outlawing of such unconstitutional practices."
Rejecting the claim of AIMPLB, the civil rights group contended, "The perverse practice of nikah halala as prevalent today cannot be questioned because it is Qur’anic", adding that in fact, "the defence of a practice which is demeaning to women is shameful and totally contrary to the teachings of the Qur’an."
"What’s more, such blatantly discriminatory, unjust, anti-women and unconstitutional views contribute to the sangh parivar’s brazen ongoing agenda of demonising all Muslims even as it sheds crocodile tears out of pretended concern for 'our Muslim sisters'," it added.
IMSD quoted from Qur'an, saying, "Read together, verses 2:229 and 2:230 of the Qur’an state: "A divorce is only permissible twice: after that, the parties should either hold together on equitable terms, or separate with kindness (2:229); So if a husband divorces his wife (irrevocably), He cannot, after that, re-marry her until after she has married another husband and He has divorced her. In that case there is no blame on either of them if they re-unite (2:230).”
IMSD further said, "As has been conclusively established in the Shayara Bano case, as the Quran prescribes an elaborate procedure which must precede a divorce, triple talaq (instant divorce) is un-Qur’anic." 
It coninued, "As many an Islamic scholar has pointed out, before the birth of Islam it was common practice for some men to treat their wives as playthings. They resorted to the practice of frequent divorce to torment their wives, keep them hanging, prevent them from marrying another man. Verses 2:229 and 2:230 were aimed at protecting women from such exploitative and unjust treatment. This is what may be called nikah halala in the Qur’anic sense."
"In sharp contrast to this", IMSD said, "Notwithstanding the Supreme Court order of August 2017 invalidating triple talaq, the All India Muslim Personal Law Board continues to maintain that though repugnant in theology, the practice remains valid in Islamic law. In keeping with this worldview, the current-day practice of nikah halala is nothing but a 'one-night marriage' wherein a Muslim woman victim of triple talaq is forced to have sex with another man who then promptly divorces her to facilitate her re-marriage to her former husband."
"Thus", it added, "A Qur’anic methodology aimed at protecting women from being treated as a plaything has been perverted by the ulema and turned into its very opposite: an arrangement that effectively reduces a woman to a sex toy."
IMSD insisted, "Nikah halala as practised today is nothing short of a shameful sex-racket, and that of a particularly obnoxious kind. Not only does it demean and degrade a woman, she or her family is obliged to pay for the 'service' provided by a man for a fee that runs into tens of thousands of rupees. The said 'service' is often provided by a molvi or a mufti himself."
Condemning "the current-day nikah halala practice and anyone who endorses it", IMSD said, "For similar reasons, it supports the outlawing of polygamy, muta (temporary marriage) misyar (traveller’s stop-gap marriage)."
It also asserted, "IMSD also has serious issues with the AIMPLB’s recently declared intent to create ‘Darul Qazas’ all over the country. The Board’s announcement fuels the sangh parivar and its lapdog media’s communal propaganda that Muslims owe no allegiance to the law of the land and are setting up their own parallel 'sharia courts'."
According to IMSD, "Some legal luminaries among Muslims claim that Darul Qazas are in fact only a kind of alternative dispute redressal (ADR) mechanisms which are sprouting all over the world as the 'new norm'. For the Board, however, it is but evident that they propose to resolve marital disputes in accordance with their idea of the sharia or Islamic law."
It added, "The question before IMSD is this: what justice can Muslim women victims of triple talaq, nikah halala, polygamy, muta and misyar marriages expect from a clergy that proclaims such blatantly discriminatory, anti-women practices are in keeping with 'Allah’s laws'?"

Comments

Prasad Chacko said…
In solidarity with Indian Muslims for Secular Democracy (IMSD) and all our Muslim brethren fighting against inhuman practices perpetuated by the decadent institutions like All India Personal Law Board...
Mr Frudo said…
Family Solicitors Near Me want to collaborate with you

TRENDING

Buddhist shrines massively destroyed by Brahmanical rulers in "pre-Islamic" era: Historian DN Jha's survey

By Our Representative
Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book, "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

RSS' 25,000 Shishu Mandirs 'follow' factory school model of Christian missionaries

By Bhabani Shankar Nayak*
The executive committee of the International Union of Anthropological and Ethnological Sciences (IUAES) recently decided to drop the KISS University in Odisha as the co-host of the World Anthropology Congress-2023. The decision is driven by the argument that KISS University is a factory school.

India must recognise: 4,085 km Himalayan borders are with Tibet, not China

By Tenzin Tsundue, Sandeep Pandey*
There has as been a cancerous wound around India’s Himalayan neck ever since India's humiliating defeat during the Chinese invasion of India in 1962. The recent Galwan Valley massacre has only added salt to the wound. It has come to this because, when China invaded the neighbouring country Tibet in 1950, India was in high romance with the newly-established communist regime under Mao Zedong after a bloody revolution.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur*
Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Gujarat literati flutter: State Akademi autonomy curb a Sahitya Parishad poll issue?

By Dankesh Oza*
The 115-year-old Gujarati Sahitya Parishad is in election mode. More than 3,000 life members of the Parishad are set to elect its 52nd president and 40 plus central working committee (CWC) members, which in turn will elect its executive and two vice presidents, six secretaries and a treasurer for the coming three years (from 2021 to 2023).

Time to give Covid burial, not suspend, World Bank's 'flawed' Doing Business ranking

By Maju Varghese*
On August 27, the World Bank came out with a statement suspending the Doing Business Report. The statement said that a number of irregularities have been reported regarding changes to the data in the Doing Business 2018 and Doing Business 2020 reports, published in October 2017 and 2019. The changes in the data were inconsistent with the Doing Business methodology.

Delhi riots: Cops summoning, grilling, intimidating young to give 'false' evidence

Counterview Desk
More than 440 concerned citizens have supported the statement issued by well-known bureaucrat-turned-human rights activist Harsh Mander ‘We will not be silenced’ which said that the communal riots in Delhi in February 2020 have not been caused by any conspiracy, as alleged by the Delhi Police, but by “hate speech and provocative statements made by a number of political leaders of the ruling party.”

WHO chief ignores India, cites Pak as one of 7 top examples in fight against Covid-19

By Our Representative
In a move that would cause consternation in India’s top policy makers in the Modi government, Dr Tedros Adhanom Ghebreyesus, World Health Organization (WHO) director-general, has singled out Pakistan among seven countries that have set “examples” in investing in a healthier and safer future in order to fight the Covid-19 pandemic.

Agricultural reform? Small farmers will be more vulnerable, corporates to 'fix' price

By Dibyendu Chaudhuri*
Agriculture employs 42% of the total work force whereas it contributes only 16% to the country’s GDP. The average annual growth rate in agriculture has remained static to 2.9% since the last six years. This means that the post-green revolution conventional agriculture has reached its peak. Responsiveness of soil fertility to fertiliser application, an indicator of stagnancy in agriculture, shows declining trend since 1970. The worst sufferer has been the small and marginal farmers who constitute 86% of total farmers.