By Tasneem Parveen for MuslimMirror
The Allahabad Hight Court on Thursday termed the instant Triple Talaq unconstitutional, adding that no personal law board can be above constitution. It should be noted that the Government of India’s proposal to implement Uniform Civil Code (UCC) has met with strong opposition from various minority communities of the country. In debates on UCC, the focus has narrowed down to Muslims and not only government and politicians but even several liberal minded people seem to justify the UCC as a way to fight discrimination that Muslim women face, from triple talaq and nikah halala.
Earlier, Muslim Mirror spoke to the Head of the Department of Arabic Language and Literature of Kolkata based Aliah University, Dr. Md. Maseehur Rahman, who is a PhD in Quranic Studies from Calcutta University over the raging debate on triple talaq and uniform civil code. He suggested that to discourage this practice of arbitrary triple talaq, punishments can be decided depending upon cases.
Excerpts from the Interview:
On UCC mentioned in Directive Principle
The BJP led NDA government has mooted the proposal to implement Article 44 of the Constitution which is part of the Directive Principles and demands that the ‘state shall endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.’
Dr. Rahman says, ‘Directive principles are not mandatory and no one can impose it forcefully. It is an advice to state, and certainly cannot be implemented if it violates the fundamental principle of the Constitution.’
He added that the proposal is a clear violation of freedom to practice one’s religion, a fundamental right (under Art 25) secured by the Constitution for all citizens of India.
On Triple Talaq
On the issue of triple talaq, he reminded that different schools of thoughts interpret the issue differently. But most schools of thought and their scholars agree that triple talaq, though least liked or punishable but cannot be considered as un-Islamic, except Salafis.
‘Islamic laws are based on two sources – Quran and Hadith (sayings of the Prophet) – and in Hadith several incidents of triple talaq were cited,’ he said.
He mentioned the Hadith of Caliph Umar who punished a man who gave triple talaq to his wife but the couples were allowed to separate.
He agrees with the All India Muslim Personal Law Board (AIMPLB) considering the difference of opinions that the triple talaq should not be abolished. He, however, agreed that in order to discourage this practice of arbitrary triple talaq, punishments can be decided depending upon cases.
‘Indirect attack Muslim Personal Law’
According Dr. Rahman that this is an indirect attack by the government on the Muslim Personal Law (MPL). He reminded that during the Shah Bano case in 1980s a similar attack was mounted on the MPL.
‘The main motive of the government is to demolish Muslim personal Law, they hence raise these issues to bring the Uniform Civil Code,’ he believes.
On PM’s statement regarding violation of a woman’s fundamental right to equality due to triple Talaq
He also refuted the Prime Minister Narendra Modi’s recent outburst that he would not let continue the injustices done to Muslim women due to the arbitrary use of triple talaq by Muslim men that violates the fundamental right to equality of women.
He said that people tend to generalize and speak in a manner as if there is gender discrimination in Islam pointing that male gets more shares in property than female and they also have the right to give talaq to their wives.
‘There is no gender discrimination in Quran, it gives equal rights to both male and females, even after death they have equal place,’ says Dr. Rahman, adding, ‘Islam in fact gives privilege to women.’
On property share
On often criticized issue that daughter gets half of what son inherits from father, he brought attention to the fact that a woman is also entitled to inherit a share of the property from her husband. Besides she does not have financial obligation to take care of family and other relatives.
‘Women more revered than men’
Dr. Rahman emphasized that both in terms of rights and position of women, women have more privileges than their male counterparts in Islam. He cited an example from Hadith (sayings of the prophet) that a man went to the Prophet and asked him, ‘I have both my mother and father both but, whom I should love and care more?’ The prophet replied, ‘Your mother’. He repeated the same question thrice and each time Prophet (PBUH) gave the same reply. When he asked the fourth time, then the Prophet replied, ‘Your father’.
Dr. Rahman added that similarly in sharia there are rights and privileges enshrined for sisters and wives.
(Tasneem Parveen is currently pursuing her MA in Journalism and Mass Communication at Aliah University, Kolkata)
DONT BOTHER ABOUT HINDUS,THEY THEMSELVES DO NOT KNOW WHOME TO WORSHIP ,WHAT THEY CAN ADVISE TO OTHERS….
JAI HIND
Jumma Mubarak. Hate has no place in Islam Even if we are talikng to Non Muslims.
Did you read Holy Quran: ALLAH SWT ordered Hazrat Musa(AS) to be humble when He presents Islamic Dawa to Feraun.
Triple Talaq is not permitted in Islamic Court of law.
What I heard :The argument put forward my Moulanas that unless trip;e Talaq is recognised the insane men can kill the women.
These maniac I doubt may be after Dowry or beauty.
Therefore yes the Hon Court must enact a High penalty on
the user of Triple Talaq.
Muslim Community must educate their own family members to be good human being & avoid Talaq as best as they can.
no Muslim is a Muslim if he is not a good human being.
This is only expected from these sickulars
Whatevere hindus believe hindus are in better position than muslim
Hinduism give u choice whatever u believe
How can u say ur belief is correct and others wrong
Does u hvsome parameters for it
Hinduism doesnot make to terrosist
And most hindus are progressive in thought that manifest in education literacy development of hindus
What about muslims who still again and again give lecture on vedas and if quran has such great teachingwhy it doesnt manifest in muslim community
Why muslims are illerate poor uneducated backward????
Why muslims are suspect as terrorist
Doesnt their allah help them out
Friend come out ofvirtual islamic disney world of hora jinni allah angels satan hell its fire heaven blah blah
This has not done anything for muslims
This topic is related to indian citizens
If somemuslim goes to court for justice
Justice has to be done based on indian constitution
Hard slap on islamic extremist and sickular
Vande mataram
Oh my god, you are preaching us bhakt?
If we are secular bcoz of our religion where stated “lakum dinukum waliyadin, 109:6(let them practice what they belief)” & la ikraha fiddeen, 1:156(nothing is obligatory in religion) and from the preamble of the constitution. but u r bhakt with modi effect.
Hindus are better than muslims is completely ur opinion njoy with it. though in the indian context somehow correct. 600 years of muslim rules vs 70 years of urs (so called).
Hinduism give choice to become by birth shudr kchatriye or brahman. pleease refer ur own scriptures veds and manusmriti.
In belief u can not cherry picks according to ur convenience. if u believe u believe. but we can not critisize others and u shud also not ours.
Terrorists, U dont know history then. what u did with the Buddhists u perhaps dont know. just by following western media and their definitions of terrorism does not make any community a terrorist.
we are seeing ur progressiveness indeed in reference to beef eating, mf hussain paintings, ban of certain movies, radicalism, hindu rashtrawad bla bla bla.
who told u we r preeaching vedas, quran is enough for us. we get reference from ur scriptures to get u understand what is true n false. Ta’alu ila kalmatin sawain bainana wa bainakum, 3:64 (come to the common terms between u and us).
as per ur knowledge w r illeterate poor and backword. plz google atleast. I will not comment on this.
as far as our believs are concern at angels n satans, please read Indain history. How aryans claime thmselves as Devpurush and black dravids as rakshas. How they manufactured dummy Indra god to torment dravids.
We do not need bhakt to get citizen certificate. Practicing religion is our constitutional right and UCC is just a suggestion in one of the article. even Dr. Ambedkar in his speech in the committee said “a government certainly will become mad if they impose UCC without consensus.
Abt triple talak or even a talak u hv no right to say this. this is the right of even for women to separate if relation does not work out. but wht abt urs? u practice impracticle imaginary sat janmo ka bandhan, or after marital affairs, being progressive etc.
Jai Hind
Hindus dont hv any interest in islam
followers of zakir naik
Can u tell something about dhimmi
Jizia coverting other regilious places into mosque throughout world like kabba which was converted by muhammad into mosque
What about st. Sophia in instabul
What about qutab minar varanasi mathura ayodhya
If islam is so much secular why u hv concept of jizia dhimmi
Kafir
Showing ur secularim
What a joke
Most extremist regilious followers talking about secularism
Who divide india on religious lines
About superiority of hindus yaa we r
After 600 yrs of oppression by muslim
We r in better situtation within 70 yrs
Muslims who ruled india 600 yrs
Asking for reservation
Shame on u
Empress of mughal india selling tea in kokatta
http://www.dailymail.co.uk/news/article-2424410/The-Mughal-emperor-ancestor-Sultana-Begum-forced-live-slum-washes-street-struggles-feed-children.html
Clear some concept of vedas manusmriti
Manu Smriti 3.109 clearly states that one who eats by glorifying his Gotra or Family is considered an eater of his own vomit. Thus, as per the Manu Smriti that the self-proclaimed birth-based Brahmins or upper-castes believe in, the very act of glorifying their lineage or gotra to demand special privileges makes them deserving of condemnation.
5. Manu Smriti 2.136 states that one earns respect due to wealth, company, age, actions and knowledge in increasing order. There is no mention of family, gotra, caste, lineage and other non-factors to demand or earn respect.
Migration within Varnas
6. Manu Smriti 10.65 asserts that Brahmin can become Shudra and Shudra can become Brahmin. Similarly Kshtariyas and Vaishyas can also change their Varnas.
7. Manu Smriti 9.335: If a Shudra (uneducated) serves the educated ones, is polite, devoid of ego and stays in respectful company of knowledgeable ones, he/ she is considered as having a noble birth and stature.
8. There are several shlokas in Manusmriti that state that a person belonging to high Varna falls down to level of a Shudra (uneducated) if he does not conduct noble deeds. For example,
2.104: A person who does not worship the Supreme Lord twice daily should be considered a Shudra.
2.172. He who has not been initiated with teaching of the Vedas is a Sudra.
4.245: A Brahmin acquires brilliance through company of noble persons and avoiding bad company. On contrary, if he indulges in bad company, he becomes a Shudra.
Thus clearly, Brahmin refers to a scholarly person who conducts noble deeds. And Shudra refers to an uneducated person. This has nothing to do with birth in any manner.
2.168: A Brahmin, Kshatriya or Vaishya who puts efforts in other areas except understanding and following the Vedic precepts becomes a Shudra and his future generations also suffer from ignorance of Vedas.
Thus, as per Manu Smriti, almost the entire population of India today, barring few exceptions, is Shudra because we do not abide by the Vedic concepts and are indulged in anti-Vedic activities – corruption, casteism, selfishness, superstitions, irrationality, gender-discrimination, sycophancy, immorality etc.
2.126: Even if he is a Brahmin otherwise, a person who does not politely respond to a greeting is actually a Shudra (uneducated person).
Even Shudras can teach
9. Though Shudra means an uneducated person, a Shudra can also become a teacher for specific knowledge that he has. For example,
2.238: One should acquire knowledge even from a person born in a low family otherwise. Similarly, one should accept a noble woman as wife even if her family is otherwise not up to mark.
2.241. If needed, one may acquire knowledge from one who is not a Brahmin; and that he shall follow and serve such a teacher, as long as the instruction lasts.
Status of Brahmin is acquired by deeds and not by name
10. As per Manu Smriti, one has to earn the qualification of Brahmin. During childhood, parents are supposed to send their children for specialized education of Brahmin, Kshatriya or Vaishya depending on observed nature of children. So many Brahmin parents may desire that their children also become Brahmins. However that is not sufficient. One becomes Brahmin only if he completes the education and not merely by taking birth in a Brahmin family or taking admission in Brahmin course of a gurukul.
2.157: A Brahmin devoid of education is equivalent to an elephant made of wood or a deer made of leather. They are merely namesake and not real.
2.28: The body is made fit to be called Brahmin only through study of scriptures, discipline, noble selfless deeds, study of duties, science and meditation, charity and goal oriented actions.
Education is true birth
11. As per Manu, actual birth happens after completion of education. All human beings are Shudras or uneducated when born. Those who complete their education are supposed to have a new birth. Thus they are called Dwija or Twice Born. Those who were unable to with birth or heredity. This is pure meritocracy.
2.148: When a teacher who is well-versed in Vedas teaches a student the science of Gayatri (that summarizes all principles of Vedas and rational living), then the actual birth of the student takes place. This birth is free from risks of death or destruction and leads the student to immortality.
Thus, forget about being a Brahmin, Kshatriya or Vaishya, one is not considered even a human unless he/she receives education.
2.146: The teacher who provides education is a father who is much greater than the father who gave birth. The knowledge provided by the teacher remains with the soul even after the death and leads him to immortality. But the body provided by father destroys when death comes.
2.147: The birth that happens from womb of mother after parents desire for procreation is an ordinary birth. Real birth happens when the person completes his education.
Thus, citing lineage to showcase casteist superiority is an extremely foolish act as per Manu Smriti. Instead of quoting the clan, one becomes superior by showcasing that he is more educated.
10.4: Brahmin, Kashtriya and Vaishya take second birth after education. Shudra who could not complete education is fourth Varna. There is no fifth Varna among Arya or noble people.
This also means that merely because a person did not complete education does not make him a villain. He is still regarded as a noble person if his deeds are noble.
And if he completes the education, he can become a Dwija as well. Thus Shudra is an adjective and NOT a nomenclature for any castes.
Never insult anyone born in lower family
12. To further ensure that one is not insulted or denied opportunities merely because he/she was born in a family where others did not excel in education, wealth or other parameters of success in society, Maharshi Manu laid the rule very clearly:
4.141: Never deny respect and/or rights to a person who is handicapped, uneducated, aged, not handsome, not wealthy or coming from a lower family. These are NOT the parameters to judge a person.
Examples of Varna migration in ancient history
13. The concept of Varnas – Brahmin, Kshatriya, Vaishya, Shudra – being merit based and NOT birth based is not merely a theoretical concept. It was practiced in ancient era. The greatest misery befell on us when our misguided ancestors converted this scientific meritocracy into a foolish birth-based system causing all the miseries we face today.
Here are some examples:
a. Aitareya Rishi was son of a Daasa or criminal but became a Brahmin of highest order and wrote Aitareya Brahman and Aitareyopanishad. Aitareya Brahman is considered critical to understand Rigveda.
b. Ailush Rishi was son of a Daasi, gambler and of low character. However he researched on Rigveda and made several discoveries. Not only was he invited by Rishis but also made an Acharya. (Aitareya Brahman 2.19)
c. Satyakaam Jaabaal was son of a prostitute but became a Brahmin.
d. Prishadh was son of King Daksha but became a Shudra. Further he did Tapasya to achieve salvation after repenting. (Vishnu Puran 4.1.14)
Had Tapasya been banned for Shudra as per the fake story from Uttar Ramayan, how could Prishadh do so?
e. Nabhag, son of King Nedishtha became Vaishya. Many of his sons again became Kshatriya. (Vishnu Puran 4.1.13)
f. Dhrist was son of Nabhag (Vaishya) but became Brahmin and his son became Kshatriya (VP 4.2.2)
g. Further in his generation, some became Brahmin again (VP 9.2.23)
h. As per Bhagvat, Agniveshya became Brahmin though born to a king.
i. Rathotar born in Kshatriya family became a Brahmin as per Vishnu Puran and Bhagvat.
j. Haarit became Brahmin though born to Kshatriya (VP 4.3.5)
k. Shaunak became Brahmin though born in Kshatriya family. (VP 4.8.1). In fact, as per Vayu Puran, Vishnu Puran and Harivansh Puran, sons of Shaunak Rishi belonged to all four Varnas.
Similar examples exist of Gritsamad, Veethavya and Vritsamati.
l. Matanga was son of Chandal but became a Brahmin. (Mahabharat Anushasan Parva Chapter 3)
m. Raavan was born from Pulatsya Rishi but became a Rakshas.
n. Pravriddha was son of Raghu King but became a Rakshas.
o. Trishanku was a king but became a Chandal.
p. Sons of Vishwamitra became Shudra. Vishwamitra himself was a Kshatriya who later became a Brahmin.
q. Vidur was son of a servant but became a Brahmin and minister of Hastinapur empire.
r. Vatsa became a Rishi though born to a Shudra (Aitareya Brahman 2.19)
s. Many verses of adulterated Manu Smriti (10.43-44) state that certain castes were earlier Kshtariya but became Shudra later. These verses are adulterated but prove that concept of Varna migration did exist. The castes mentioned are: Paundrak, Audru, Dravid, Kamboj, Yavan, Shak, Parad, Palhava, Cheen, Kirat, Darad, Khash.
t. Mahabharat Anushasana Parva 35.17-18 adds the following to above list: Mekal, Laat, Kanvashira, Shaundik, Daarva, Chaur, Shabar, Barbar.
u. Several gotras are common across Brahmins, Kshatriya, Vaishya and Dalits implying that all of them hailed from same family but rather got entrapped in the stupid casteism.
Respect for Shudras
14. Manu was a great humanitarian. He knew that not all Shudras miss their education deliberately. He also understood that just because one ignored education in early part of his life does not mean that he should be penalized for that mistake for entire life. Thus he ensured that even Shudras get their due respect in society. Thus he never used any insulting adjective for Shudras. On contrary their are several instances of Manu using respectful adjectives for Shudras.
Being vulnerable due to lack of education, Shudras deserve greater sensitivity in treatment from rest of the society as per Manu. We have seen some examples of these earlier.
Here are some more:
3.112: If a Shudra or Vaishya comes as a guest, the family should feed him with due respect.
3.116: A householder should eat from remaining food only after he has fed the scholars and servants (Shudras) to their satisfaction.
2.137: A very old Shudra deserves more respect than anyone else regardless of their wealth, company, age, actions or knowledge. This special provision is accorded only to Shudra.
About buddhist u known buddhists universities reaches it zeith i under hindu rulers eg nalanda taxila vikramshilla
All of which were destroyed by ur muslim heros
Only in nalanda 10000 students killed 2000 teachers burnt alived
In name of islam
U r talking about buddhist
Hv some shame
About aryans and dravidas
U known color of vishnu ram krishna buddha
All are black
Why holi is celebrated
Bcz of saving of prahlad asura
There are many asura which are respected like bali prabita
Even sea god varuna is asura
Ravan who is brahmin as depicted as rakshaa
Dev and asura are on deeds not on arya and dravida
Then why muslims women are in court
If it matter of ur regilion
Leave india solve out iur problems in muslim country under sharia
India is governed by indian constitution not by primitive sharia
Muslims must hv faith in indian constition rather questioning the jugdement
Can u tell what is hind
Vande mataram
If Muslims want Triple Talaq, 4 women to warm bed and instant male authority to replace any wife and beat them, THEN FLOGGING, LIMB CHOPPING AS PER ISLAM SHOULD BE STRICTLY FOLLWED. ALL SAUDI LAWS SJOULD BE IMPORTRED AND FOLLOWED FOR MUDLIM. DO NOT MAKE ISLAM AS A SEX CLUB FOR MEN ONLY. There should be post in evrry cricket stadium and muslim flogged and limb chopped as per islam. See how much revenue potential is there with ticket sale. Tsj Mahal and Muslims Flogging package by Hotels. Even Hindu will chant ALLAH Hu Akbar.
.
hahahahahahahahahahahaahaahaahhh
Go and worship one god mentioned in Vedas
idol worshippers can do jumlebaazi and pass rhetoric and blabber on panel debates. Even those sitting in HC & SC are no different. Ask them 5-WH questions and their shallowness in their argument will expose themselves and the castles of lies will fall flat which they heap around us.
Ibn adam
Whatever hindu worship they are in better situation then muslims who worship allah
Hindus are better in education prosperity living standard property jobs
Where muslims stand who know 5 WH questions logic and they are illerate backward poor what ur allah did for u .u all moving like sheep herd
Muslims rulef 700 yrs in india and asking for reservation thos knowni 5 Wh haahaaa
Come out of blind faithed virtual islamic disney world into pratical world
Of karma and deeds
in todays condition dalits SC ST hving better conditions than muslims
If muslim community know 5WH questions and they think soo deeply
Why it doesnt manifest in muslim community
Who r under heap of their lies all know
See in ur known locality who is living in virtual false world of faith
About judge they are very learned persons they r in pratical real world
Guys marriage is a contract between two people and Islam have made it clear and simple, little knowledge is very dangerous like the judge possesed on Islam. The people who do not know basic alphabets in Islam they are giving judgement. Surprise to hear terrorist are calling others terrorist. One more thing in family courts all we hear is women says her husband have slept with another women and men says his lady have slept with another men what a grt show run by the courts to get divorce. At least Islam says if you do not like to live together no need to go to court for divorce. Do the settlement among yourself or get arbitrator to settle it and pay the dues and start new life.
Now judge in india should be appointed on regilious lines to wooo muslim extremist for these middle age knowledge gainers decisions must be giving according to sharia
These are same people who cry for secularism intolerance songs for month
Does ur allah has give u some mind at top of head
Or do u jv any consciosness pf own
Judges in india hv mind also and consciousness for giving crystal clear decisions which preserve humanity and law in land
Do not be blind faithed