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Author: Salman Khurshid
Publisher: Oxford University Press
ISBN: 0199093253
Category : Law
Languages : en
Pages : 242
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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
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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
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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: Furqan Ahmad
Publisher: Daya Books
ISBN:
Category : Law
Languages : en
Pages : 256
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Book Description
Author: Francesca Ceserani
Publisher: GRIN Verlag
ISBN: 3346162621
Category : Law
Languages : en
Pages : 25
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Book Description
Essay from the year 2019 in the subject Politics - Topic: Public International Law and Human Rights, grade: 80/100, Birkbeck, University of London (Law), course: Human Rights, language: English, abstract: This paper is about the instant divorce "triple talaq" as well as India's Supreme Court judgment on it. Did the verdict build a real momentum for gender equality? In the pages that follow, it will be firstly illustrated the complex legal system of India, in which personal laws are applied to specific religious groups and communities. Thereafter, the paper will focus on the course of the sentence and finally, it will critically take into consideration various contradictions arisen from the Court’s discussions and conclusions.
Author: Ziya Us Salam
Publisher: Penguin Random House India Private Limited
ISBN: 9353050189
Category : Literary Collections
Languages : en
Pages : 157
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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: Shubham Sinha
Publisher: Independently Published
ISBN: 9781087400259
Category :
Languages : en
Pages : 26
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Book Description
Triple talaq is a form of divorce that was practised in India, whereby a Muslim man could legally divorce his wife by pronouncing talaq (the Arabic word for divorce) three times. The pronouncement could be oral or written, or, in recent times, delivered by electronic means such as telephone, SMS, email or social media. The man did not need to cite any cause for the divorce and the wife need not have been present at the time of pronouncement. After a period of iddat, during which it was ascertained whether the wife is pregnant, the divorce became irrevocable. In the recommended practice, a waiting period was required before each pronouncement of talaq, during which reconciliation was attempted. However, it had become common to make all three pronouncements in one sitting. While the practice was frowned upon, it was not prohibited. A divorced woman could not remarry her divorced husband unless she first married another man, a practice called nikah halala. Until she remarried, she retained the custody of male toddlers and prepubescent female children. Beyond those restrictions, the children came under the guardianship of the father.
Author: Tanja Herklotz
Publisher: Cambridge University Press
ISBN: 110883406X
Category : Law
Languages : en
Pages : 305
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Book Description
Studies transformations in law and gender in modern India, proposing drivers of change are emerging from beyond traditional institutions.
Author: Javaid Rehman
Publisher: BRILL
ISBN: 9004466185
Category : Law
Languages : en
Pages : 481
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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: MashoodA. Baderin
Publisher: Routledge
ISBN: 1351561936
Category : Religion
Languages : en
Pages : 677
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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
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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.
