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Author: Salman Khurshid Publisher: Oxford University Press ISBN: 0199093253 Category : Law Languages : en Pages : 242
Book Description
Triple talaq, or talaq-e-bidat, is one of the most debated issues in the Muslim world. From antiquity, the Muslim faith has been plagued by the portrayal of Muslim men regularly misusing this perceived “right” to divorce their wives instantly by simply uttering “talaq” thrice. The Supreme Court of India, in the landmark judgment of Shayara Bano v. Union of India, has taken the step to declare this form of talaq unconstitutional and to strike down its practice. In Triple Talaq: Examining Faith, Salman Khurshid, who intervened to offer the court an amicus brief in the “Triple Talaq case”, offers a straightforward yet comprehensive overview of this complicated issue. Explaining the reasons behind the court’s decision, he dives deep into other aspects of this practice: why it is wrong; why it has thrived; what was the judicial history of this issue; what the Quran and Muslim religious leaders say about it; and what the comparative practices in other countries are. A handy guide to this landmark decision and what it means for Muslims in India, this book is written not just for the theologian, but also for the common reader.
Author: Salman Khurshid Publisher: Oxford University Press ISBN: 0199093253 Category : Law Languages : en Pages : 242
Book Description
Triple talaq, or talaq-e-bidat, is one of the most debated issues in the Muslim world. From antiquity, the Muslim faith has been plagued by the portrayal of Muslim men regularly misusing this perceived “right” to divorce their wives instantly by simply uttering “talaq” thrice. The Supreme Court of India, in the landmark judgment of Shayara Bano v. Union of India, has taken the step to declare this form of talaq unconstitutional and to strike down its practice. In Triple Talaq: Examining Faith, Salman Khurshid, who intervened to offer the court an amicus brief in the “Triple Talaq case”, offers a straightforward yet comprehensive overview of this complicated issue. Explaining the reasons behind the court’s decision, he dives deep into other aspects of this practice: why it is wrong; why it has thrived; what was the judicial history of this issue; what the Quran and Muslim religious leaders say about it; and what the comparative practices in other countries are. A handy guide to this landmark decision and what it means for Muslims in India, this book is written not just for the theologian, but also for the common reader.
Author: Zakia Soman, Dr. Noorjehan Safia Niaz Publisher: Notion Press ISBN: 1649199872 Category : Law Languages : en Pages : 525
Book Description
This collection of essays and articles captures the beginning of the Muslim women’s movement in India in the last two decades. Written at different points during the journey, these pieces provide a glimpse into the collective tumultuous journey of women demanding reform in Muslim family law in India and for equal citizenship without discrimination. This journey was undertaken by ordinary women under their own leadership. This collection highlights the challenges faced by women. It also celebrates successes such as the organization of women into groups, abolition of triple talaq and women’s entry into the mazar of Haji Ali Dargah. This book is a collection of articles written by authors, individually and jointly in various newspapers, magazines, journals and other publications. It challenges the misogynist regressive norms for women in family set by patriarchal religious groups. It calls for state accountability in providing safety, security and equality to Muslim citizens. Based on experiences and insights from grounded struggle of ordinary women, these essays give hope and provide strength in addressing discrimination through shared vision and collective democratic action. It calls out the failure of conservative religious leadership as well as elected representatives in providing an enabling environment to the community and particularly, women. It calls out certain feminists for their dual standards and for unsuccessful attempts to weaken the movement for reform in family law led by ordinary Muslim women.
Author: Nida Kirmani Publisher: Routledge ISBN: 1134910371 Category : Social Science Languages : en Pages : 246
Book Description
The marginalisation of Muslims in India has recently been the subject of heated public debate. In these discussions, however, Muslim women are often either overlooked or treated as a homogenous group with a common set of interests. Focusing on the narratives of women living in a predominantly Muslim colony in South Delhi, this book attempts to demonstrate the complexity of their lives and the multiple levels of insecurity they face. Unlike other studies on Indian Muslims that focus on Islam as a defining factor, this book highlights the ways in which religious identity intersects with other identities including class/status, regional affiliation and gender. The author also sheds light on the impact of such events as the Babri Masjid demolition in 1992 and the subsequent riots, the Gujarat communal carnage in 2002, and the anti-Sikh violence in New Delhi in 1984, along with the rise of Hindutva, and growing Islamophobia experienced worldwide in the post-9/11 period — on the articulation of identities at the local level and increasing religion-based spatial segregation in Indian cities. The study highlights how these incidents combine in different ways to increase the sense of marginalisation experienced by Muslims at the level of the locality. Understanding the need to look beyond preconceived religious categories, this book will serve as essential reading for those interested in sociology, anthropology, gender, religious and urban studies, as well as policymakers and organisations concerned with issues related to religious minorities in India.
Author: Javaid Rehman Publisher: BRILL ISBN: 9004466185 Category : Law Languages : en Pages : 489
Book Description
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 5 is Law, Culture and Human Rights in Asia and the Middle East.
Author: Ziya Us Salam Publisher: Penguin Random House India Private Limited ISBN: 9353050189 Category : Literary Collections Languages : en Pages : 157
Book Description
Shayara Bano knocked at the doors of the Supreme Court to challenge her husband's sudden decision of ending their marriage using the three dreaded words: talaq, talaq, talaq. A 1980s Bollywood movie sparked off a national debate on the validity of instant divorce, which even saw Dawat-a four-page daily published by the Jamaat-e-Islami Hind-talking about triple talaq as per the Quran. For a long time, the battle against instant talaq has garnered public attention. In Till Talaq Do Us Part, Ziya Us Salam, an eminent social commentator and an associate editor at Frontline, presents a holistic view of how divorce works in Islam. Ranging from triple talaq to talaq granted over three months to khula and talaq-e-tafweez, the book also discusses other methods of divorce available to a Muslim couple which go ignored thanks to all the attention on talaq, talaq, talaq.
Author: Tanja Herklotz Publisher: Cambridge University Press ISBN: 110883406X Category : Law Languages : en Pages : 305
Book Description
Studies transformations in law and gender in modern India, proposing drivers of change are emerging from beyond traditional institutions.
Author: MashoodA. Baderin Publisher: Routledge ISBN: 1351561936 Category : Religion Languages : en Pages : 677
Book Description
Islamic substantive law, otherwise called branches of the law (furu? al-fiqh), covers the textual provisions and jurisprudential rulings relating to specific transactions under Islamic law. It is to Islamic substantive law that the rules of Islamic legal theory are applied. The relationship between Islamic legal theory and Islamic substantive law is metaphorically described by Islamic jurists as a process of ?cultivation? (istithmar), whereby the qualified jurist (mujtahid), as the ?cultivator?, uses relevant rules of legal theory to harvest the substantive law on specific issues in form of ?fruits? (thamarat) from the sources. The articles in this volume engage critically with selected substantive issues in Islamic law, including family law; law of inheritance; law of financial transactions; criminal law; judicial procedure; and international law (al-siyar). These areas of substantive law have been selected due to their contemporary relevance and application in different parts of the Muslim world today. The volume features an introductory overview of the subject as well as a comprehensive bibliography to aid further research.
Author: Suad Joseph Publisher: BRILL ISBN: 9004128182 Category : Social Science Languages : en Pages : 873
Book Description
Family, Law and Politics, Volume II of the Encyclopedia of Women & Islamic Cultures, brings together over 360 entries on women, family, law, politics, and Islamic cultures around the world.
Author: Abul Hasan Ali Nadwi Publisher: Dar UL Thaqafah ISBN: 9789388850919 Category : Languages : en Pages : 126
Book Description
In 1951, on my return from an extensive tour of the Middle East, I was invited by the All India Radio to broadcast a series of talks in Arabic on Indian Muslims. These talks, luckily, were received favorably by some of the Indian missions lodged in that part of the world, and they suggested their publication in the form of a booklet. The All India Radio also broadcast them subsequently in some other languages and an international Arabic Journal, Muslims, of Damascus was good enough to bring them out in its columns in a number of installments. In the present compilation five new essays have, in all, been included which were not broadcast over the radio. These are: -Influence of Muslims on Indian Civilization -Role of Muslims in the Struggle for Freedom -Indo-Islamic Culture -Sufi-Saints of India and their Impact on Society -Current Difficulties and Problems It is hoped that the book, with these additions, will be read with interest among the educated circles of the various communities that go to make our people and prove of some value in reducing the ignorance and the attitude of indifference which exist in the sister-communities to wards the Muslims. It may, further, be helpful in promoting the growth of a broad, realistic, national perspective in the country it so badly needs today. It will also, perhaps, not be too much to expect that, apart from non- Muslim friends, many educated Muslims, too, will find in the.se pages something which will be new to them and will add to their knowledge about themselves and go some way, however little, towards ridding them of the inferior1ty complex they have developed lately, but for which there can be no justification. The Muslim are not only citizens of an equal status with anybody in India; they are also among its chief builders and architects, and hold position second to none among the peoples of the world for selfless service to the motherland. They gave to India and to the Indian civilization a new Jibe and a new dimension and awakened its people to a new set of moral and spiritual values. Every patch of its land and every particle of its soil bears the imprint of their greatness and is a monument to their industry, earnestness and creative genius. In every aspect of Indian life and civilizations can be seen evidences of their noble aestheticism and cultural richness.
Author: Ziya Us Salam Publisher: Bloomsbury Publishing ISBN: 9389611490 Category : Social Science Languages : en Pages : 166
Book Description
Muslim society in India remains in a state of denial when it comes to nikah halala. The Quran allows divorce twice. After that the spouses either live together happily or divorce gracefully. Nowhere does it allow marriage with a pre-arranged date of divorce to a new man only to go back to the former husband. Nikah Halala: Sleeping with a Stranger is a probing exercise that exposes the cycle of instant triple talaq followed by a fake marriage, which too ends with another instant triple talaq that allows the woman to marry the former husband. While the holy book does not mention instant triple talaq, this tradition is unique to the Indian subcontinent that claims to bring squabbling couples together but ends up making a mockery of the faith and punishes women for the crimes of men. The first ever book to talk of the subject, Nikah Halala presents the sordid reality of mock marriages against the background of Quranic injunction on the subject and exposes the departure in practice from the teachings of the holy book that gives divorced women complete freedom to follow their path.
Author: Salman Khurshid
Author: Salman Khurshid
Author: Zakia Soman, Dr. Noorjehan Safia Niaz
Author: Nida Kirmani
Author: Javaid Rehman
Author: Ziya Us Salam
Author: Tanja Herklotz
Author: MashoodA. Baderin
Author: Suad Joseph
Author: Abul Hasan Ali Nadwi
Author: Ziya Us Salam