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Thread: India and Sharia Law

  1. #1
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    Default India and Sharia Law

    Quite a complicated one - Under Sharia Law Muslim men can divorce instantly by merely saying the Arabic word "Talaq" three times. The Indian Supreme court has said the practice, outlawed in many other countries, including Pakistan and Bangladesh, violates the rights of Muslim women. A Bill to criminalize the procedure passed the lower house but was rejected by the upper house, controlled by the opposition Congress Party on the grounds that the penalties were too severe. In the meantime an Ordinance has been introduced that allows the courts to act.

    NEW DELHI — India’s government on Wednesday approved an ordinance to implement a top court ruling striking down the Muslim practice that allows men to instantly divorce.

    The government decision came after it failed to get approval from Parliament a year after the court ruled that the practice of allowing men to divorce by simply uttering the Arabic word for divorce — ‘‘talaq’’ — three times violated the constitutional rights of Muslim women.

    Most of the 170 million Muslims in India are Sunnis governed by the Muslim Personal Law for family matters and disputes. The laws include allowing the practice, known as ‘‘triple talaq,’’ whereby men can divorce by simply saying the word three times — and not necessarily consecutively, but at any time, and by any medium, including telephone, text message, or social media post.

    The government will have another six months to get Parliament’s approval for the ordinance to become law. But in the meantime, those who violate it can be prosecuted under the ordinance.
    https://www.bostonglobe.com/news/wor...q1I/story.html

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    Default Re: India and Sharia Law

    I don't see it as particularly complicated. The Court has struck down a religious practice as unlawful in a civil sense. The legislature has failed to pass a law criminally penalizing the practice, which is currently a disappointment for women, but unlikely to be the last word on the issue.

    Muslim men have lost power and control by no longer being able to walk away from their responsibilities. Whatever laws exist to protect Hindu and Sikh women will now apply to Muslim women too. Less severe penalties might move the ball. That's standard politicking. Do we know what the proposed penalties were?
    As a general rule the most successful man in life is the man who has the best information.

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    Default Re: India and Sharia Law

    Quote Originally Posted by Count Bobulescu View Post
    Do we know what the proposed penalties were?
    The main opposition Congress party is opposing a three-year prison sentence for offenders
    Strikes me as complicated if people can be convicted of something before it has been made illegal. Apparently it goes against protection for religious traditions

    In India, triple talaq has continued with the protection of laws that allow Muslim, Christian, and Hindu communities to follow religious laws in matters like marriage, divorce, inheritance, and adoption.
    While it is good to see protection for women being stepped up in India, I hope this doesn't increase tensions between Hindus and Muslims.

    And while in theory Women in other religions are protected under secular law, in practice they have a long way to go - which is why the Kerala Nun issue is also important

    http://global_india1.tripod.com/current.htm

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    Default Re: India and Sharia Law

    Quote Originally Posted by maggot View Post
    Strikes me as complicated if people can be convicted of something before it has been made illegal. Apparently it goes against protection for religious traditions



    While it is good to see protection for women being stepped up in India, I hope this doesn't increase tensions between Hindus and Muslims.

    And while in theory Women in other religions are protected under secular law, in practice they have a long way to go - which is why the Kerala Nun issue is also important

    http://global_india1.tripod.com/current.htm
    You could be right about the "complicatedness". Not much I disagree with in the rest. Six months will tell.
    As a general rule the most successful man in life is the man who has the best information.

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    Default Re: India and Sharia Law

    Interesting. In Brehon law, a woman could divorce her husband just by pointing at his anatomy and saying "I divorce thee" three times.
    Not sure if the same was available for men.
    “ We cannot withdraw our cards from the game. Were we as silent and mute as stones, our very passivity would be an act. ”
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    Default Re: India and Sharia Law

    Quote Originally Posted by C. Flower View Post
    Interesting. In Brehon law, a woman could divorce her husband just by pointing at his anatomy and saying "I divorce thee" three times.
    Not sure if the same was available for men.
    It was, but only if he could point to her anatomy with his anatomy.

    Not sure what might happen in a same sex situation, perhaps the need of it was not foreseen, which in itself would be a sad reflection on the Druids.

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    Default Re: India and Sharia Law

    Quote Originally Posted by maggot View Post
    Quite a complicated one - Under Sharia Law Muslim men can divorce instantly by merely saying the Arabic word "Talaq" three times. The Indian Supreme court has said the practice, outlawed in many other countries, including Pakistan and Bangladesh, violates the rights of Muslim women. A Bill to criminalize the procedure passed the lower house but was rejected by the upper house, controlled by the opposition Congress Party on the grounds that the penalties were too severe. In the meantime an Ordinance has been introduced that allows the courts to act.



    https://www.bostonglobe.com/news/wor...q1I/story.html
    I thought the Brits sorted all that out when they Partitioed India around 1947. Is it coming back to haunt them now?

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    Default Re: India and Sharia Law

    Quote Originally Posted by Norman Bates View Post
    I thought the Brits sorted all that out when they Partitioed India around 1947. Is it coming back to haunt them now?
    Did "the Brits" partition India or did the Indian Peoples? ( Cue debate over who Partitioned Ireland ...)

    It is interesting that India and Pakistan, the Muslim countries, don't recognise triple talaq. Was it left untouched at Partition because the predominantly Hindu country didn't want to seem to be "oppressing" Muslims?

    And if people think everything from the Brits should be undone, does that mean that Widow Burning should be legalised?

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    Default Re: India and Sharia Law

    Quote Originally Posted by maggot View Post
    Did "the Brits" partition India or did the Indian Peoples? ( Cue debate over who Partitioned Ireland ...)

    It is interesting that India and Pakistan, the Muslim countries, don't recognise triple talaq. Was it left untouched at Partition because the predominantly Hindu country didn't want to seem to be "oppressing" Muslims?

    And if people think everything from the Brits should be undone, does that mean that Widow Burning should be legalised?
    I thought you'd bite, all right. Widow burning … now you're talking. Roll on the good days.

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    Default Re: India and Sharia Law

    Quote Originally Posted by Norman Bates View Post
    I thought you'd bite, all right. Widow burning … now you're talking. Roll on the good days.
    It was well timed as I was reading about the debate (with people like Ernest Blythe) in Ireland just this morning

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    Default Re: India and Sharia Law

    But sure look, they got great railway's in exchange for looting the country. The Brits were extremely charitable.

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    Default Re: India and Sharia Law

    Quote Originally Posted by Fraxinus View Post
    But sure look, they got great railway's in exchange for looting the country. The Brits were extremely charitable.
    People tend to forget that the Brits weren't the only colonisers - France, Portugal, the Netherlands, Denmark/Norway. Pope Alexander VI on 25 September 1493 gave India to Spain...

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    Default Re: India and Sharia Law

    Quote Originally Posted by maggot View Post
    People tend to forget that the Brits weren't the only colonisers - France, Portugal, the Netherlands, Denmark/Norway. Pope Alexander VI on 25 September 1493 gave India to Spain...
    Wasn't a proper Pope.

    Backed Orange Willie!

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    Default Re: India and Sharia Law

    Quote Originally Posted by Publicrealm View Post
    Wasn't a proper Pope.
    There's a lot of it about!

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    Default Re: India and Sharia Law

    Like in books of magic, between loses in translation and much confusion in religious guidance the World is not a nice place.
    Happiness is an inside job.

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