Husband deserts Muslim woman for attending I-Day function

[prasad1]

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A Muslim school teacher in Bihar was forced to leave her house by her husband who felt she had violated the Shariat law by participating in an Independence Day function, police said on Saturday.


A teacher in a government-run middle school in Begusarai, about 125 km from Patna, was driven out of the house along with her two minor sons by her husband, a police official posted in Chatra district in neighbouring Jharkhand.


She approached the Begusarai Superintendent of Police and sought justice.


“My husband has been threatening me to leave my school teacher job or he will desert me. He forced me to leave my house after I attended the Independence Day function,” she said.

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“Hoisting the national flag and participating in the function is not against the Shariat. It is merely an excuse to desert his wife, while the actual reason may be something else,” Mufti Mohammad Khalid Hussain Qausmi said.
Husband deserts Muslim woman for attending I-Day function - The Hindu

What is the limit of Sharia law in Indian constitution?

 

[renuka]

According to Shariah Law if a husband forbids a wife from going out of the house and she still goes against his wishes its grounds for Talaq.

If he had told her before hand that he does not want her to go and she still went..then by Shariah law the husband has grounds for Talaq.

If he did not tell her specifically not to go..then he has no grounds for anything.


But to a great extent I dont think this has anything got to do with religion..its just the dominant mindset of some males and he is using Shariah Law as an excuse here.

Sometime last year I think one man in Assam a Hindu set his wife on fire and she died.

The reason was becos she kissed Rahul Gandhi on his cheek when he came for election campaign.

 

[prasad1]

In Indian legal system, except for social customs Indian constitution supersedes Sheria Law. If someone is being prevented from being Indian on India's Independence day will be covered by sheria law.
Renukaji you might be right that Husband has full control over wife in Sharia law. Indian Muslim women may be out of luck there (I assume, other men may be jealous).

 

[renuka]

In Indian legal system, except for social customs Indian constitution supersedes Sheria Law. If someone is being prevented from being Indian on India's Independence day will be covered by sheria law.
Renukaji you might be right that Husband has full control over wife in Sharia law. Indian Muslim women may be out of luck there (I assume, other men may be jealous).

Dear Prasad ji,

This depends on the country.

Out here for domestic cases of Muslim...Shariah Law comes into action but for criminal and other civil offense Shariah Law does not apply for Muslims.

So it all depends what is written in the constitution.

 

[கால பைரவன்]

But to a great extent I dont think this has anything got to do with religion..its just the dominant mindset of some males and he is using Shariah Law as an excuse here.

Whether the man acted "because of his religion or not" is a moot point. The relevant point is he can "get away with it" because of religion and the applicability of shariah law.

I have a question for "liberals". If they happen to be a Hindu and if their kith or kin is in lovvuu with a Muslim man, what would be their position vis-à-vis this issue? Would they try and educate their kin about the relative legal rights of women in a Hindu vs Muslim marriage or will that be nauseating to their sensibilities?

 

[renuka]

Whether the man acted "because of his religion or not" is a moot point. The relevant point is he can "get away with it" because of religion and the applicability of shariah law.

I have a question for "liberals". If they happen to be a Hindu and if their kith or kin is in lovvuu with a Muslim man, what would be their position vis-à-vis this issue? Would they try and educate their kin about the relative legal rights of women in a Hindu vs Muslim marriage or will that be nauseating to their sensibilities?

Dear Sir,

The woman in this case of being asked to get out of the house by her husband has to decide what she really wants to be..if she feels she wants to call herself a Muslim..then she should accept Shariah Law.She cant be running to Civil Law when it suits her and the run back to Shariah Law when it suits her yet again.

One has to decide to be bold..if one wants to be protected by Civil Law than one has to declare him/herself as secular other wise shut up and suffer!

Now coming to your question about liberals on Lovvu(wow this term used by me before in Forum seems to be really catching up!LOL)..well to be truthful I feel for me its gone were the days where I really cared who married whom.

Once upon a time I used to think that one should only marry a Hindu if one is a Hindu but now I would care a less even if someone married a bull!

Really! I mean it.

So if I really had to face this situation in life I will tell the person the prons and cons of marriage to start with and solve your problems yourself and dont come running to me be it if you dont agree with Shariah Law or even Manu Smirti to start with.

Coming to any law of any religion..I had just started reading Manu Smirti (In Sanskrit) which purchased from India this time and after the 1st chapter I thought I should just close the book!

It sounded totally materialistic and at times logic didnt seem to fit in. So even though the book I bought comes in 2 volumes I might really need some long long time to re open it.

Laws of any kind of any religion needs to be updated to be orientated to time,place and person and this should apply even to Civil/Criminal Law of a nation too.

I hope I had answered your question.

 

[prasad1]

I am liberal in lot of ways as opposed to be conservative Or taliban. Liberal is tolerant and treat others, like you would like to be treated. Being a Hindu in the true sense as opposed to be aping some other intolerant religion, Liberal and broad minded, and let others live the life they want.

I too would bleed if cut.
You are a friend that i follow, so instead of taunting others let us see how we react when the need arises.
The miners who were trapped for 45 days in Argentina, supposed to have cannibalized their coworkers who died? Can you picture yourself in their shoes. I can not, I have no idea how I would react in that kind of situation.

Similarly if one of your child married a Muslim, against all advice, what will you do. Disown the child, or if that child was seriously ill, will you refuse to help? Hypothetical questions? You don't have honest answer nor do I have..
There was a Muslim member married to TB lady in Houston in this site. He claimed that her parents were reconciled.

How a child does in life is not in control of parents. How you react to a situation depends on the situation and unless that situation you can only speculate with partial information,

 

[tks]

For harmony no religion can enact or apply a set of laws that supersedes the constitution of a country.
If parts of Sharia laws are unconstitutional then they cannot be allowed to stand.
Or the constitution has to be changed to accommodate everyone and ensure the amendment to the constitution happens.

I dont know where the Indian constitution stands with respect religion based laws like Sharia law.

 

[krish44]

Dear Sir,

The woman in this case of being asked to get out of the house by her husband has to decide what she really wants to be..if she feels she wants to call herself a Muslim..then she should accept Shariah Law.She cant be running to Civil Law when it suits her and the run back to Shariah Law when it suits her yet again.

One has to decide to be bold..if one wants to be protected by Civil Law than one has to declare him/herself as secular other wise shut up and suffer!

Now coming to your question about liberals on Lovvu(wow this term used by me before in Forum seems to be really catching up!LOL)..well to be truthful I feel for me its gone were the days where I really cared who married whom.

Once upon a time I used to think that one should only marry a Hindu if one is a Hindu but now I would care a less even if someone married a bull!

Really! I mean it.

So if I really had to face this situation in life I will tell the person the prons and cons of marriage to start with and solve your problems yourself and dont come running to me be it if you dont agree with Shariah Law or even Manu Smirti to start with.

Coming to any law of any religion..I had just started reading Manu Smirti (In Sanskrit) which purchased from India this time and after the 1st chapter I thought I should just close the book!

It sounded totally materialistic and at times logic didnt seem to fit in. So even though the book I bought comes in 2 volumes I might really need some long long time to re open it.

Laws of any kind of any religion needs to be updated to be orientated to time,place and person and this should apply even to Civil/Criminal Law of a nation too.

I hope I had answered your question.

even in india people professing different religions can decide under which act they will marry special marriage act ,or muslim law if one is muslim . it wou;d be wise to keep ones religion intact while getting married and allow childrento choose their own religion . there was a wonderful program on NDTV on inter religion marriages yesterday compered by barkhadutt . a must watch for all

 

[கால பைரவன்]

Prasadji, I did not ask the question to taunt you or any liberal here. I did put liberal under quotes because people think they are liberal if they are anti-religion or pro-woman etc and this issue presents a conflict. The problem is a real problem because GOI is not strong enough to enact a common/ uniform law.

 

[tbs]

Dear Sir,

The woman in this case of being asked to get out of the house by her husband has to decide what she really wants to be..if she feels she wants to call herself a Muslim..then she should accept Shariah Law.She cant be running to Civil Law when it suits her and the run back to Shariah Law when it suits her yet again.

One has to decide to be bold..if one wants to be protected by Civil Law than one has to declare him/herself as secular other wise shut up and suffer!

Now coming to your question about liberals on Lovvu(wow this term used by me before in Forum seems to be really catching up!LOL)..well to be truthful I feel for me its gone were the days where I really cared who married whom.

Once upon a time I used to think that one should only marry a Hindu if one is a Hindu but now I would care a less even if someone married a bull!

Really! I mean it.

So if I really had to face this situation in life I will tell the person the prons and cons of marriage to start with and solve your problems yourself and dont come running to me be it if you dont agree with Shariah Law or even Manu Smirti to start with.

Coming to any law of any religion..I had just started reading Manu Smirti (In Sanskrit) which purchased from India this time and after the 1st chapter I thought I should just close the book!

It sounded totally materialistic and at times logic didnt seem to fit in. So even though the book I bought comes in 2 volumes I might really need some long long time to re open it.

Laws of any kind of any religion needs to be updated to be orientated to time,place and person and this should apply even to Civil/Criminal Law of a nation too.

I hope I had answered your question.

hi

i did the same....after reading first chapter in sanskrit....i stopped reading Manu smriti....i have complete volumes of Manu smriti..

i dont think so...i will read it in my life time...many contradictory theories....

 

[கால பைரவன்]

For harmony no religion can enact or apply a set of laws that supersedes the constitution of a country.
If parts of Sharia laws are unconstitutional then they cannot be allowed to stand.
Or the constitution has to be changed to accommodate everyone and ensure the amendment to the constitution happens.

I dont know where the Indian constitution stands with respect religion based laws like Sharia law.

TKSji, if you want to know where Indian constitution stands, please refer to the Shah Bano case and what the congress govt did in the aftermath of the judgment. The Muslim orthodoxy and Indian Liberals both oppose a common law.

 

[[email protected]]

Without politically being corrupt, Sharia Law limits under the Indian current system is UNLIMITED... We had a fairly reasonable Constitution made by the framers (but at that time too, the muslim sentiments ran high - the muslims boycotted and never participated in the constituent assembly debates (had they participated, the scene would have been different). To keep the boycotting public happy, lots of freebies were offered but still constitution said "'EQUALITY" while giving out freebies like, right to run educational institutions, right to practice their religion under their PERSONAL LAWS etc. The damage was done by Mrs. Gandhi in 1976 (during emergency). She unilaterally and with force amended the very basic principle of constitution. She amended the preamble of the constitution - originally it was "SOVEREIGN DEMOCRACTIC REPLIC"". She amended it to read : "SOVEREIGN SOCIALIST, SECULAR DEMOCRATIC REPUBLIC"". This was done for achieving a narrow political gain.... After this, SECULARISM became the most important issue in India - where the balance tilted in favour of MINORITIES. Till August 1976, Indian citizens were EQUAL irrespective of religion/ caste. By this amendment, the Minorities ended up having more rights (EQUALITY VANISHED !!). Why I said there is no limit is : SC imposed a rule on marriage age and compulsory registration. In Kerala, the muslim community said ""GO TO HELL, this law don't apply to us". In effect, the general rules and regulations are not applicable to minorities... SC or any government asked any pertinent questions to Mullahs... One can quote 100s of such episodes which will prove beyond doubt that " THE PERSONAL LAWS OF MINORITIES OVERRIDE CONSTITUTION" !!!

 

[sarang]

One can't read IPC too. It will be boring and most of the clauses are there and some added as a hasty response to sudden events and social pressure. One has to really hard to find a historical reference to actual punishment meted out as per manu smriti; say pouring lead in the ears for hearing veda recital or any woman kept punisdhed by divesting of all her properties as she was always owned by father, husband and son. Women had their own source of acquiring and retaining wealth, examples galore in itihasa and common/popular literature.

Today's paper, has a news item about a kalvettu found in tirunelveli. It is about election of judges for the village panchayat. Dharma sastra, rather than manu smriti was more relevant in daily life of kings and subjects, brahmins included.

Excerpts:
"Tamil Nadu had an elected judiciary more than 1,200 years ago, with rules stipulating that the judges should have sterling character (su vrittaraiai iruppar), should have passed examinations in legal treatises (Dharma Sastras), should rely only on written evidence (lekhya pramanas) and so on. This is borne out by two inscriptions in Tamil found at the Sri Ambalavana Swamy temple at Manur near Tirunelveli, and the Sri Bakthavatsala Perumal temple at Tiruninravur, 30 km from Chennai."

"how the great village assembly (mahasabha) met during the 27th regnal year (930 CE) of Parantaka Chola I and passed a resolution prescribing qualifications for judges. The judges to be elected should have at heart the village’s welfare, they should be proficient in Dharma Sastra, they should not have served in any village administrative committee five years before their election and once their tenure of five years is completed, they cannot be a judge for another five years. The judges should give accounts of the fines they collected when they demit office."

“In the Manur lithic record, in addition to judges passing an examination in the legal texts, they should have sterling character, they should have studied one Veda because they belonged to the Brahmin village assembly,”

​Tamil Nadu had elected judiciary 1,200 years ago - The Hindu

hi

i did the same....after reading first chapter in sanskrit....i stopped reading Manu smriti....i have complete volumes of Manu smriti..

i dont think so...i will read it in my life time...many contradictory theories....

 

[auh]

The guy just wanted an excuse... media just wanted news.

 

[Raji Ram]

Reminds the saying in Tamil:

ஈரைப் பேன் ஆக்கி, பேனைப் பெருமாள் ஆக்குவது!

(eeraip pEn Akki, pEnaip perumaAL Akkuvathu!)

 

[prasad1]

Prasadji, I did not ask the question to taunt you or any liberal here. I did put liberal under quotes because people think they are liberal if they are anti-religion or pro-woman etc and this issue presents a conflict. The problem is a real problem because GOI is not strong enough to enact a common/ uniform law.

Thanks for the clarification.
I thought India elected a strong leader with super majority to just accomplish such injustices. I thought this leader is not beholden yo any vote bank. What happened?

 

[கால பைரவன்]

Thanks for the clarification.
I thought India elected a strong leader with super majority to just accomplish such injustices. I thought this leader is not beholden yo any vote bank. What happened?

India did elect a strong leader with I will say just a majority to form govt not super majority as you put. His victory which seems to have irritated "liberals" so much is nothing short of a miracle. With the old regime, even a serious discussion on this issue would not have been possible. At least now people are beginning to understand the issues involved in having disparate communal laws. That is a start.

BTW, if Modi were to "abolish" such injustices, the first people who would be baying for his blood would be the Indian "liberals". That makes the liberals the vote-bank of Modi.

A much better response would be possible if only the self styled "liberals" act true to their claims and stop supporting communal laws.

 

[renuka]

hi

i did the same....after reading first chapter in sanskrit....i stopped reading Manu smriti....i have complete volumes of Manu smriti..

i dont think so...i will read it in my life time...many contradictory theories....

Now I dont feel all that bad since someone else too feels the same way.

But when I look at the books I bought I feel sad that at least can read it to improve my Sanskrit but somehow I cant seem to go beyond the 1st chapter.

It just seems to contradict some many facts in the Vedanta and you start the wonder why go in reverse gear?

I did not want to create 2 spaces in my mind..one for Smriti and one Vedanta...so I closed that book.

 

[tbs]

Now I dont feel all that bad since someone else too feels the same way.

But when I look at the books I bought I feel sad that at least can read it to improve my Sanskrit but somehow I cant seem to go beyond the 1st chapter.

It just seems to contradict some many facts in the Vedanta and you start the wonder why go in reverse gear?

I did not want to create 2 spaces in my mind..one for Smriti and one Vedanta...so I closed that book.

hi

many confused theories make more complicated reality in this present world....manu smriti may not fit for present

day generation...may be good for previous yugas....not for kaliyuga....just one example...ADYANAM ADYAAAPANAM CHA

BRAHMANANAAM...how many of us fit for this sloka of manusmriti?.....women have a lot of rules in the book....its tough...

 

[krish44]

I am liberal in lot of ways as opposed to be conservative Or taliban. Liberal is tolerant and treat others, like you would like to be treated. Being a Hindu in the true sense as opposed to be aping some other intolerant religion, Liberal and broad minded, and let others live the life they want.

I too would bleed if cut.
You are a friend that i follow, so instead of taunting others let us see how we react when the need arises.
The miners who were trapped for 45 days in Argentina, supposed to have cannibalized their coworkers who died? Can you picture yourself in their shoes. I can not, I have no idea how I would react in that kind of situation.

Similarly if one of your child married a Muslim, against all advice, what will you do. Disown the child, or if that child was seriously ill, will you refuse to help? Hypothetical questions? You don't have honest answer nor do I have..
There was a Muslim member married to TB lady in Houston in this site. He claimed that her parents were reconciled.

How a child does in life is not in control of parents. How you react to a situation depends on the situation and unless that situation you can only speculate with partial information,

what do you do when one of the girls from your extended hindul family wants to marry a muslim or any other religion .

well, if it is extended family , immediate impulse is stop it somehow . a little later one wonders who will take the responsibilty of marrying her off against her will to

another hindu who may or may not be suitable

when rationality asserts itself and one tries to come to terms with it and allow a child to exercise her right of choice and hope they will workout the issue of religion

between themselves and live happily.

we went thru these phases when one of my nieces married a muslim. they ran off to gulf and stayed far away in gulf for more than a decade .

recently returned to india for couple of years .found the going on very difficult to digest and immigrated to canada for security and sound mental health.

india with its intolerance is no country for these mixed matches .The same is true of TB -NB matches in Tamilnadu . they have no alternative except leaving the

state/country for their happiness

 

[prasad1]

Krishji,
You are right. Not everybody is ripe for change. The bear that has not stored enough fat for the winter will not survive the winter. You do have to prepare for all know eventualities in life and then lightning strikes, you have no choice. But if you are not prepared, any day and everyday you are living on the edge.