Triple Talaq

Triple Talaq
Author: Salman Khurshid
Publisher: Oxford University Press
Total Pages: 242
Release: 2018-01-25
Genre: Law
ISBN: 0199093253

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.

Triple Talaq

Triple Talaq
Author: Dr. Aijaz Ahmad
Publisher: K.K. Publications
Total Pages: 152
Release: 2021-08-09
Genre: Religion
ISBN:

This book ‘Triple Talaq’ has been written to enlighten the readers about the most burning issues of talaq in current times. For the years the triple talaq was generally the topic of discussion among my colleagues and other intellectuals of the society. They generally asked me questions regarding the triple talaq and tried to satisfy them. However, after a deep study, I have tried to satisfy the readers through this book and hope the government would also learn a lot for the new legislation about the triple talaq. The controversy regarding the triple talaq and to know the details about the subject in the Shariah (Islamic Law or Revealed Law of Allah Almighty), motivated the author to study deeply on the subject and write this book “Triple Talaq” for the readers. It is a humble beginning to understand the details of the talaq and follow accordingly in the light of the Holy Quraan and Hadeeth (Traditions i.e. acts and sayings of Prophet Mohammad PBUH). This work is neither a final work nor the guidelines or any community or sect. Holy Quran and Hadeeth are the only sources to follow the right path, and the Muslim jurists are the best propounder. This work is meant for the enhancement of the knowledge of the general readers. I shall be happy if the people shall read this work and give feedback as well as the better suggestion on the subject of talaq or triple talaq. I will also request the government to rethink on the subject as it is a matter of faith and, undoubtedly, very sensitive. Marriage under Shariat is a civil contract between man and woman in the presence of the witnesses and it is meant to last for the lifetime of the spouses. The marital co-existence can only last for a long time if it is established on mutual love, compassion and respect for each other. After the marriage, by virtue of this love and affection, the spouses are able to live together in a goodly manner by fulfilling each other's rights. However, sometimes a situation may arise where the husband hates the wife or vice versa. In such a situation, Islam admonishes and enjoins them to bear with each other and find means of reconciliation. However, the hatred may be increased in such a way that it renders the relationship between them so strained that the continuation of their union becomes undesirable. The spouses, under the circumstance, are allowed to terminate the marriage by pronouncing talaq. The marriage termination right is primarily vested in the husband. Thus, he can terminate it on his own initiative through Talaq-e-Ahsan, Talaq-e-Hasan, and Talaq-e-Biddat or triple talaq. This right, however, is not absolute because the marriage can also be terminated at the instance of the wife which is called Khul or Khula. Both the parties can also obtain the divorce through the judicious process. Among all the procedures of talaq, the Talaq-e-Biddat or triple talaq is more controversial right from the lifetime of Prophet Mohammad (PBUH) to the current period. Almost all the Muslim countries have passed the legislation regarding this process, in the light of the Holy Quraan and Hadeeth, for the amelioration in the Muslim society according to the need of the time. In India, the current government has also started a step in this regard, but due to the mismatch of the Shariat with the parliamentary legislation, it has made the situation more complex. Naturally, the problem is related to the Muslim community, and the government must have involved the Muslim jurists in the compilation of the Bill. The first chapter of the book is ‘Meaning, Definition, and Concept of Talaq’. In this chapter, the full introduction of talaq including its origin, meaning, and definition has been clearly defined. It has also been defined that how the Islam has given a novel idea and practice of marriage and separation or talaq. The concept of talaq is to provide more freedom to the people in the worldly affairs. Different types of people can use the idea at different times and circumstances. While other religions fixed the marriage as bondage, the Islam defined the marriage as a civil contract and one can freely untie the contract in unavoidable circumstances. The second chapter ‘Types of Talaq’ deals all types of talaq in detail such as Talaq-e-Ahsan, Talaq-e-Hasan, Talaq-e-Biddat, Ila, Faskh, Lian, Mubarat, Khula, Dhihar and separation from the judicious process. It has also been discussed that at what time and circumstances which talaq is permissible according to the Shariah. The ideology of different sects of Islam and other Islamic jurists has been widely discussed with the evidences of the Holy Quraan and Hadeeth. All the means of separation are judiciously proved in a scientific manner. The Third chapter ‘Talaq and Freedom and Rights of Women’ throws enough light on the freedom of women and their rights in the Muslim society. Islam provides its women the freedom to choose the life partner and demand separation if the married life becomes un-adjusting. After the talaq, she can marry the former husband or to another or to whom she likes the most. The women also can hold the property and jewelry for her better use in the future. She is entitled to claim the money from her husband, but not at all necessary to share her money with her husband. She is free, not even to feed her children and serve her in-laws. The fourth chapter ‘Triple Talaq and its Religious and Legal Entity’ deals the subject in the light of the Holy Quraan and Hadeeth. Different Ayats (Sentences) of many Surats (Chapters) of Holy Quraan related to talaq have been widely discussed. Many Hadeeth compiled by many eminent Islamic scholars have been quoted as proof related to the matters of talaq. It has been summarized in this chapter that Allah Almighty and Prophet (PBUH) have provided the talaq as a novel idea for freedom, emancipation, peaceful living and a long-standing social setup. The fifth chapter is ‘Triple Talaq: Worldwide Legislation’ in which the legislation of almost all Muslim countries related to the triple talaq has been discussed. It has been seen that most of the Muslim countries have banned triple talaq by treating it as a social evil and the most sinful act. These Muslim countries have taken the plea that the second Caliph Umar Ibn Khattab had made the ruling to discourage the triple talaq. Even he had punished some of the pronouncers of triple talaq. However, it must be cleared that there is no criminalization of triple talaq in any Muslim country’s legislation, although, they have discouraged and even banned the same. The sixth chapter is the ‘Triple talaq in India’. In this chapter, the circumstances and frequency of triple talaq in India have been discussed. The court cases, including the Ishrat Jahan case of the Supreme Court, the decision of the Supreme Court regarding triple talaq, the triple bill passed by the Lok Sabha, discussion of the Bill in Rajya Sabha, etc. have been discussed in detail. In the last, by analyzing various social aspects, it has been suggested that the triple talaq is the most hateful and sinful act among all permissible things in the Shariat. It must be discouraged by the legislation, but the criminalization of triple talaq or banning the same is not at all appreciable. I hope that the information given in this work is worth reading and, undoubtedly, it will enlighten the youths to avoid the triple talaq or choose the better option of talaq even in unavoidable circumstances. I am sure that the government would also reconsider its policy regarding the triple talaq and would leave the matter for the Muslim jurists to settle according to the Shariat. At last, I would like to say that this work is not complete at all and all scholars are humbly invited to write on this subject to guide the youths of present and future generations to adopt the right path of Shariat and avoid the triple talaq which is not only the most sinful act but also a curse to the society. In the last, I feel it my pleasant duty to acknowledge the kindness, advice, and help, which I received from my respected Islamic scholars like Mufti Mohammad Zahid, Maulana Ansarullah, Hafiz Jamaluddin and many other Islamic scholars. I am also indebted to my colleagues, friends, and relatives Dr. Mohammad Isa Gauhar, Dr. Tufail Ahmad, Advocate Rizwan Ahmad, Dr. Siraj Ahmad, Master Nisar Ahmad, Dr. Shameem Ahmad, Mr. Naseem Ahmad, etc. without whose encouragement, moral support and active cooperation, this work would not have been possible. I am grateful to my wife Imrana Anjum, my children Lubna, Iram, Anam, and Sadaf for their kind support and constant encouragement. Dr. Aijaz Ahmad

Till Talaq Do Us Part

Till Talaq Do Us Part
Author: Ziya Us Salam
Publisher: Penguin Random House India Private Limited
Total Pages: 157
Release: 2018-04-12
Genre: Literary Collections
ISBN: 9353050189

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.

Triple Talaq

Triple Talaq
Author: Furqan Ahmad
Publisher: Daya Books
Total Pages: 256
Release: 1994
Genre: Law
ISBN:

Nikah Halala

Nikah Halala
Author: Ziya Us Salam
Publisher: Bloomsbury Publishing
Total Pages: 166
Release: 2020-07-18
Genre: Social Science
ISBN: 9389611490

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.

Mutinies for Equality

Mutinies for Equality
Author: Tanja Herklotz
Publisher: Cambridge University Press
Total Pages: 305
Release: 2021-09-30
Genre: Law
ISBN: 110883406X

Studies transformations in law and gender in modern India, proposing drivers of change are emerging from beyond traditional institutions.

The Muslim Women (Protection of Rights on Marriage) Bill 2019

The Muslim Women (Protection of Rights on Marriage) Bill 2019
Author: Salim Khan Anmol
Publisher: Sakha Global Books, Inc.
Total Pages: 26
Release: 2022-08-15
Genre: Law
ISBN:

The Muslim Women (Protection of Rights on Marriage) Bill 2019; New English Latest Edition Marriage is said to be the union of two people and is seen as the purest and oldest institution in India. The object of marriage for every religion is different. For example, marriage in Hindus is considered to be a ‘dharma’, but every religion places an obligation to get married for some or other reason. Where marriages among Hindus are considered a sacred institution, marriage among Muslims is seen as a contract. Unlike Hindu Law, Mohamedan Law, or Muslim Law is not codified. This leads to chaos and confusion regarding the various ceremonies and authenticity of various things related to marriage, like consent, age, divorce, maintenance, etc. In order to deal with different problems that arose due to the non-codification of Muslim law, the parliament passed various acts. The article explains all these acts and their important provisions. It also describes the nature and essential conditions of a Muslim marriage. Nature of Muslim marriage Marriage in Muslim law is known as Nikah. It is an Arabic word which means “union of two people”. Baillie’s Digest defines Muslim marriage as a contract done to legalise sexual relationships and the procreation of children, while on the other hand, in Hedaya (a guide or commentary on Islamic Law), nikah means carnal conjunction in its primitive sense. As said by the Prophet of Islam, marriage is his sunna (practices of the Prophet Muhammad) and his followers must obey his practices and follow them properly. When we talk about the nature of Muslim marriage, a question that always arises is whether it is a sacrament or a contract. Some jurists opined that marriage in Muslims is a civil contract while others argue that it has a sacrament attached to itself. Thus, while studying the nature of Muslim marriage, three different aspects are taken into consideration. These are: Legal aspect Social aspect Religious aspect Legal aspect of Muslim marriage The legal aspect says that among Muslims, marriage is a civil contract because it has similar characteristics to a contract. These are: Like a contract, there is a proposal i.e., Ijab by one party and acceptance i.e., Qubul by the other party. In a contract-free consent plays an important role. Similarly, there can be no marriage without the consent of the parties, and such consent must not be obtained through fraud, coercion, force or undue influence. If a minor is married by their guardians, then the minor has a right to repudiate the marriage on attaining the age of majority, which is the same as the age of puberty in Muslims. This option of puberty is also known as khyar-ul-bulugh. Similarly, a contract entered into by a guardian on behalf of a minor can be set aside or controlled by him on attaining a majority. The parties to a marriage are allowed to enter into any kind of ante-nuptial or post-nuptial agreement if it is enforceable by law. The only condition is that it must be reasonable and not contrary to their religion. The terms of marriage in the nikahnama can be altered according to the wishes of the bride and groom, but it must be within the limits of the law. In the case of Abdul Kadir v. Salima (1886), it was held that Muslim marriage is a contract and not a sacrament.

Current Affairs September 2019 eBook

Current Affairs September 2019 eBook
Author: Jagran Josh
Publisher: Jagran Prakashan Ltd.
Total Pages: 144
Release: 2019-11-01
Genre: Education
ISBN:

Current Affairs September 2019 eBook is created by keeping the demands of recent pattern of various competitive exams in major view. It is brought to you by Jagranjosh.com. The topics for cover story and entire news section are selected on the basis of an analysis of general awareness sections in all important exams including IAS, PCS, BANK, SSC, Insurance and others. And the time duration of topics covered in magazine includes all exam oriented current affairs of August 2019. It presents the comprehensive coverage of the events of current affairs which are chosen on the basis of the requirements of all important exams. It covers all exam oriented current affairs of August 2019 with all required facts and analysis. The analysis of all the events related to National, International, Economy, Science & Technology, Environment & Ecology is done in a way that fulfills the demand of all the important exams including IAS. The language used in the magazine is lucid and easy-to-understand language. The eBook is expected to be handy for most of forthcoming exams like, Civil Services Examination, Various Insurance AO Exams, PCS exams, MAT and others.

151 Essays

151 Essays
Author: S C Gupta
Publisher: Arihant Publications India limited
Total Pages: 496
Release: 2019-06-04
Genre:
ISBN: 9313160285

151, that’s Not at all the Number of Essays covered in the Bestselling Book, Penned by Renowned Author Mr. S C Gupta, 151 Essays is a Complete Guide to help students learn the art of essay writing through More than 160 Essays covering the panoramic view of topics on Contemporary, Social, Environmental, Political, Education, Economic, Science & Technology, International, Personalities, Proverbial & Idiomatic, Sports and Many More The Book starts with a focus on developing the craft of essay writing which needs detailed knowledge of the topic, discipline of mind, analytical skills to draw a conclusion, rich vocabulary to express the thoughts, grammatical accuracy and coherence of thoughts and ideas for contextual writing. The Book is divided in 2 Major Parts, the first part prepares you to know-how of the Essay Writing be it Understanding an Essay, Part of an Essay, Steps to write an effective and Interesting Essay and Essay Sketching Techniques. the Second Part Contains All the Latest and Updated Topics from all the Field of life i.e. GST, Digital India, NET Neutrality, Black Money, Drone Technology, Juvenile Justice Act 1925, Social Networking Sites, Honor Killing, Electoral Reforms and Indian Democracy, FDI Effect on Retail Stores, Role of Agriculture in Economic Reform, Indian Civil Nuclear Strategy, Terrorism In India & It’s Changing Face, Global Climate Change, Students & Politics, Right to Education, Kalpana Chawla, Narendra Modi, Sunder Pichai, IPL, Sports is it Loosing it’s Integrity, Habit- a Good Servant but a Bad Master, Communication face to face or Facebook and Many burning and Important Topics. While these are important and Critical Topics Author has put a clear and easy language to Understand, Vocab Cards to understand difficult words, Latest and Updated Data to understand actual status Essays Plays an important role in competitive exams hence it’s a must have book for all aspirants.

151+ Essays for IAS/PCS & other Competitive Exams (Including UPSC CSE Essay Papers)

151+ Essays for IAS/PCS & other Competitive Exams (Including UPSC CSE Essay Papers)
Author: Dr. B. Ramaswamy
Publisher: Prabhat Prakashan
Total Pages: 466
Release: 2023-03-23
Genre: Study Aids
ISBN: 9354886078

151+ Essays for IAS/PCS & other Competitive Exams is a comprehensive collection of essays for the UPSC Mains exam as well as State pass and other competitive exams. This book is designed for the candidates, who is preparing for the Civil Services and other competitive examinations. Highlights of The Book This book consists 151+ Essays which helpful in Mains Examination for essay section. Essays are written on related issues such as Social Development, Economic, Political, Science and Technology, Ethical and Moral Issues, Bihar Related Issues, Philosophy and Religious Environmental, Women Empowerment, Contemporary and other Issues etc. The essays have been written in impressive style incorporating detailed information on the particular topic, ideas for contextual writing, rich vocabulary and analytical skills to arrive at a conclusion. These essays don’t have diversity but depth and book also helpful for those candidates who want quick revision.