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| India-Pakistan |
| India to abolish verbal divorce, polygamy; Muslim Law board differs |
| 2016-10-17 |
| [Dhaka Tribune] Under Moslem personal law based on the Sharia, a Moslem man can divorce his wife by pronouncing talaq thrice and men are also allowed to have four wives. Gender equality is part of the basic structure of the Constitution and non-negotiable, the Centre told the Supreme Court on Friday while opposing the practices of triple talaq and polygamy in the Moslem community. This is the first time the Indian government has officially taken a stand to oppose the contentious custom that has divided the community, with women’s groups and individuals advocating sweeping reforms in Moslem personal law that is heavily tilted against women. Under Moslem personal law based on the Sharia, a Moslem man can divorce his wife by pronouncing talaq thrice. Moslem men are also allowed to have four wives. India has separate sets of personal laws for each religion governing marriage, divorce, succession, adoption and maintenance. While Hindu law overhaul began in the 1950s and continues, activists have long argued that Moslem personal law has remained mostly unchanged. "Even though it may be true to say that only some women are directly and actually affected by these practices being divorced by talaq-e-bidat or being in a polygamous marriage, the fact remains that every woman to whom the law applies, lives under the threat, fear or prospect of being subject to these practices, which in turn impacts her status and her right to a life with confidence and dignity," the government said in its affidavit to the top court. The Centre’s stand was in response to the court asking whether an intervention would violate the Moslem community’s fundamental rights. Gender equality is part of the basic structure of the Constitution and non-negotiable, the Centre told the Supreme Court on Friday while opposing the practices of triple talaq and polygamy in the Moslem community. This is the first time the Indian government has officially taken a stand to oppose the contentious custom that has divided the community, with women’s groups and individuals advocating sweeping reforms in Moslem personal law that is heavily tilted against women. Under Moslem personal law based on the Sharia, a Moslem man can divorce his wife by pronouncing talaq thrice. Moslem men are also allowed to have four wives. |
| Posted by:Fred |