Evening NEWS DIGEST (EARLY)
08 Dec.2016: 07 Rabiul Awwal 1438: Vol:8, No:57
'Personal law not above
Constitution, triple talaq unconstitutional, violates fundamental rights of
Muslim women': Allahabad HC observation
The Allahabad High Court on
Thursday called the practice of triple talaq among Muslims as
'unconstitutional'. Saying that no personal law board is above the
Constitution, the court held that triple talaq violates the fundamental rights
of Muslim women.
Here is the operative part of Allahabad High
Court's observation:
'The question which
disturbs the Court is should muslim wives suffer this tyranny for all times?
Should their personal law remain so cruel towards these unfortunate wives?
Whether the personal law can be amended suitably to alleviate their sufferings?
The judicial conscience is disturbed at this monstrosity. The first wife has to
live life for no fault of her but for the reason that her husband got attracted
to a lady half of her age which is the reason for being divorced. The view that
the Muslim husband enjoys an arbitrary, unilateral power to inflict evil
instant divorce does not accord with Islamic injunctions. It is a popular
fallacy that a Muslim male enjoys, under the Quaranic Law, unbridled authority
to liquidate the marriage. The whole Quoran expressly forbids a man to seek
pretexts for divorcing his wife, so long as she remains faithful and obedient
to him. The Islamic law gives to the man primarily the faculty of dissolving the
marriage, if the wife, by her indocility or her bad character, renders the
married life unhappy; but in the absence of serious reasons, no man can justify
a divorce, either in the eye of religion or the law. If he abandons his wife or
puts her away in simple caprice, he draws upon himself the divine anger, for
the curse of God, said the Prophet, rests on him who repudiates his wife
capriciously. In other Islamic State, where the husband must satisfy the court
about the reasons for divorce.
However, Muslim law, as
applied in India, has taken a course contrary to the spirit of what the Prophet
or the Holy Quran laid down and the same misconception vitiates the law dealing
with the wife's right to divorce. The divorce is permissible in Islam only in
cases of extreme emergency. When all efforts for effecting a reconciliation
have failed, the parties may proceed to a dissolution of the marriage by
'Talaq' or by 'Khola'. The statement that "the whimsical and capricious
divorce by the husband is good in law, though bad in theology" cannot be
approved as the correct law. The correct law of talaq as ordained by the Holy
Quran is that talaq must be for a reasonable cause and be preceded by attempts
at reconciliation between the husband and the wife by two arbiters- one from
the wife's family and the other from the husband's; if the attempts fail, talaq
may be effected. (Ref: Pathayi v. Moideen 1968 KLT 763; A. Yousuf Rawther Vs.
Sowramma, AIR 1971 Kerala 261; referred to with approval by the Supreme Court
in Shamim Ara vs State Of U.P. & another : 2002 (7) SCC 518). The decision
in Shamim Ara was rendered in 2002, wherein, the observation of the Division
Bench judgment of the Kerala High Court was noticed and approved, which was
rendered 20-30 years before.
Country has in recent times
marched steps ahead in all walks of life including progressive interpretation
of laws which cannot be lost sight of except by compromising with regressive
trends.... "Law is dynamic and its meaning cannot be pedantic but
purposeful." (Refer-- Bai Tahira Vs. Ali Hussain AIR 1979 SC 362).
The purpose of Law in a
modern secular State based upon the Constitution is to bring about social
change. The muslim community comprise a large percentage of Indian population,
therefore, a large section of citizen, in particularly women, cannot be left to
themselves to be governed by archaic customs and social practise under the garb
of personal law purportedly having divine sanction. The women of the community
continue to suffer bias, deprived of the protection, they should otherwise get
through provisions in the Constitution that provide for equality and non
discrimination.
India is a nation in the
making, geographical boundaries alone do not define a nation. It is to be
adjudged, amongst others, on the parameter of overall human development and how
the society in particular treat their women; leaving such a large population to
the whims & fancy of personal law which perpetuate gender inequality and is
regressive, is not in the interest of society and the country. It impedes and
drags India from becoming a nation. The instant divorce (Triple Talaq) though
has been deprecated and not followed by all sects of muslim community in the
country, however, is a cruel and the most demeaning form of divorce practised by
the muslim community at large. Women cannot remain at the mercy of the
patriarchal setup held under the clutches of sundry clerics having their own
interpretation of the holy Quoran. Personal laws, of any community, cannot
claim supremacy over the rights granted to the individuals by the Constitution.
I would not like to say
anything further for the reason that the Supreme Court is seized with the
matter.
In Shamim Ara, a statement
merely made in the pleadings "written statement" though
unsubstantiated that the wife was divorced upon delivering copy of the written
statement, was not accepted by the Supreme Court and the subsequent marriage
contracted by the husband was held void.
In the facts and
circumstances of the present case, the petition stands dismissed. The legality
of the marriage/divorce and rights of parties is kept open.' firstpost
Triple talaq
unconstitutional, violates rights of Muslim women: Allahabad HC
Allahabad HC calls triple
talaq unconstitutional; BJP, Congress hail observation
Triple Talaq
unconstitutional, even Holy Quran terms practice a wrongful act: Allahabad HC
Muslim Personal Law Board
slams Allahabad High Court's statement on triple talaq
New Delhi:The controversial
observation of Allahabad High Court's on Tripple Talaq was welcomed by most
political parties and slammed by Muslim men and organisations. Kamal Faruqui,
Member, All India Muslim Personal Law Board, said, "Islam is one of the
most progressive religions on women's rights. Talaq is a part of the Sharia
law, so no interference should be there. The Constitution gives me the right to
follow my religion. It's only an observation by the court, not a
decision." Khalid Rasheed Firangi Mahali, Muslim cleric said,"I
respect the High Court's verdict, but we have constitutional rights to appeal
against the verdict if not satisfied. The AIMPLB's legal committee will study
the verdict and the observation, and then it will file its appeal against the
said verdict. I don't think it (triple talaq) is unconstitutional. If few
people misuse the laws, you can take action against them and not remove the
law." Renuka Chowdhury, Congress MP, said, "This should have happened
long ago. I am happy that my Muslim sisters will have more rights, more
security and dignity in their lives. It's an idea that has come of age."
Meenakshi Lekhi, BJP MP, said"It is a progressive decision by the court.
It should be welcomed by all, regardless of political affiliations. There is no
Sharia law in the country. If there was, then people's head or hand would be
cut off. The decision will benefit the Muslim community." RK Singh, BJP MP
said, " It is a progressive move by the court. Only some orthodox people
are objecting to it."IndiaToday
DEMONETISATION-ECONOMY
HDFC Chairman Deepak Parekh
hits out at demonetisation drive, says it derailed economy
New Delhi:The
much-respected Deepak Parekh, Chairman of HDFC did a big U-turn on his earlier
stance and hit out at the demonetisation drive launched by PM Narendra Modi on
high-value notes in a bid to stamp out black money and push the country onto
the online payments platform. Parekh had earlier appreciated PM Modi’s decision
that banned Rs 500 and Rs 1,000 currency notes. But in an interview with
News18, he sounded quite skeptical about the move and its potential to script a
windfall for India.Parekh said that the market and the corporate sector have
been affected in major way and it might take a ‘quarter or so’ to get back to
normal. And, on the day that RBI surprised everyone by keeping key rates
unchanged at 6.25 per cent, Parekh said that he does not forsee any reduction
in interest rate. During the interview, Parekh said everyone will have to wait
for this quarter to find out the exact nature of the impact and added that from
turnover to sales, everything has been affected.From a personal perspective
Parekh said, “Practically everyone I speak to, has been impacted after Nov.8”
(the date on which PM Modi announced the demonetisation drive). He also hinted
at the helplessness of the corporates across the nation and said that there’s
nothing more that can be done at the moment. “We want the normalcy to come
back”, he said. financialexpress
Damning reports on
demonetisation; The Economist, BBC journalists denied entry to RBI press
briefing
The Economist magazine’s correspondent
in Mumbai, Stanley Pingal, was denied entry to a press conference convened by
the RBI on Wednesday. The Economist has recently published some critical on
demonetisation in the magazine, which apparently irked the authorities, barring
him from entering the press brief.Pingal says he was told “all media” cannot be
accommodated “any more”. Responding to it, Pingal tweeted that it was a sad day
for transparency in India.The Economist has published articles criticising
demonetisation, which said that the currency ban was abrupt, drastic reform. It
further contnded that the move was flawed and damaging for the economy.Pingal,
who has been critical of new governor for not speaking to press, later tweeted
that the RBI spokeswoman said decision to exclude him from the conference has
nothing to do with The Economist’s coverage of demonetisation.According to
Pingal, who had interviewed ex-RBI Governor Raghuram Rajan, The Economist was
always been invited till the currency ban.However, the reports coming in
suggest that it was not just The economist that was excluded from the press
conference. A BBC World Reporter Sameer Hashmi tweeted that even the BBC has
not been allowed for the press conference.In a series of tweets he condemned
the move and termed the day ‘a sad day for transparency’. According to his
tweets, space constraint was the official explanation he received from the
authority. southlive
Demonetisation blues: No
work or cash, over 10,000 daily wagers leave Gurgaon
Gurgaon: The demonetisation
move by the Centre is turning out to be a nightmare for over 1 lakh
construction workers in the city. Labour department sources said that
10,000-12,000 daily wage workers have already left Gurgaon.In the absence of
work and cash, a majority of the seasonal workers are struggling to make ends
meet. To get a clearer picture, the labour department has also ordered a
survey.Gurgaon is a hub of real estate industry, where around 40,000-50,000
workers migrate to every season. An equal number stay for more than a year, but
all workers have been affected.“Construction work in the unorganised sector has
almost come to a standstill and the real estate industry is also witnessing a
slowdown. There is no work for labourers and they also don’t have the cash to
pay rent, buy food, or send it home,” Rajender Saroha, district convener,
Bhawan Nirman Kamgar Union, Gurgaon, said.A majority of the workers in Gurgaon
come from Rajasthan, Madhya Pradesh, UP and Bihar. They start arriving in
August and continue to do so till Dec. Most stay here till March, before
agricultural operations resume in their villages.HT
Parliament LIVE: Over 100
dead due to demonetisation, claims Congress in Rajya Sabha
WORLD
Famous
singer-turned-preacher Junaid Jamshed, wife killed in PIA plane crash
ISLAMABAD: Famous
singer-turned-preacher Junaid Jamshed along with his wife was killed in the
Islamabad-bound PIA PK-661 flight that crashed near Havelian on Wednesday.The
renowned singer's brother confirmed that he was on board the flight, along with
his wife.Mohammad Ayub, a friend of Jamshed, said that he dropped off the
singer at the Chitral airport at 3pm. Jamshed’s wife was also with him, said
Ayub, adding that Jamshed was staying at a local mosque in Chitral.Jamshed, a
famous preacher, traveled extensively to spread Islamic teachings. He was in
Chitral for preaching-related work. He had tweeted only a few days ago from
Chitral:Following the tragic news of the crash, there was an outpour of grief
from all walks of life as people mourned the demise of the popular
singer-turned-preacher. From cricketers to journalists and TV stars - everyone
was left saddened by the plane crash tragedy and the death of the 'Dil Dil
Pakistan' icon Junaid Jamshed.Grieving relatives and fans gathered outside
Junaid Jamshed's residence in Karachi.On Wednesday PIA plane PK-661 crashed on
way from Chitral to Islamabad near Abbottabad, with all 47 passengers onboard
killed. GEO TV
PIA plane crash at
Abbottabad: Junaid Jamshed’s death shocks celebs
Pakistan plane crash:
Tributes for Junaid Jamshed, wife and family pour in
Pakistan plane crash:
Remains of Junaid Jamshed and other victims sent to Islamabad
Probe launched into
Pakistan plane crash that claimed 48 lives
Peshawar: Pakistan
International Airlines on Thursday blamed engine failure for the horrific plane
crash which claimed 48 lives, even as the country's top civil aviation body
launched a probe into the tragic accident.PIA plane PK-661 with 48 people,
including famous pop singer-turned-Islamic preacher Junaid Jamshed, his wife
and Deputy Commissioner Chitral Osama Warraich, on board crashed on Wednesday
in Saddha Batolni village near Havelian while en route to Islamabad from
Chitral in Khyber-Pakhtunkhwa province.According to the airline, the plane was
an ATR-42 turboprop aircraft, which lost contact with the Air Traffic Control
(ATC) at Islamabad's Benazir International Airport en route from Chitral.PIA
Chairman Azam Saigol blamed engine failure for the deadly crash. "Around
4:15 PM the ATC received an emergency call from the pilot who informed them
about the engine failure. A few minutes later, a mayday distress call was
received from the pilot," Saigol told reporters.ATR-42 aircraft involved
in the crash had undergone regular maintenance, including an 'A-check'
certification in October, Saigol said. "I want to make it clear that it
was a perfectly sound aircraft," Saigol said, ruling out technical or
human error.Pakistan authorities were conducting DNA testing to identify the
victims of plane crash as most of the dead bodies were charred beyond
recognition. According to rescue official Ghayoor Mushtaq, all bodies had been
retrieved by 02:00 AM this morning and shifted to Ayub Medical Complex in
Abbottabad.Aviation Division Secretary Irfan Elahi said the Civil Aviation
Authority's investigation board, headed by Air Commodore Munir, would lead the
inquiry into the cause of the deadly crash."We hope the black box will be
found soon which can help investigators. At the moment, there is no other
reason for the plane crash other than the failure of the left engine," he
said.PTI
Compiled and edited by Anwarulhaq (Released at: 2:40 PM)
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