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Tuesday, January 19, 2010

[mukto-mona] FW: MuslimAgenda :: Press Statement on 'Triple Divorce ' at AIMPLB -Dr. M.K.Sherwani



 

 


From: WorldMuslimCongress@yahoogroups.com [mailto:WorldMuslimCongress@yahoogroups.com] On Behalf Of Sherwani Mustafa
Sent: Monday, January 18, 2010 8:30 AM
To: issue online; peace initiative; interfaith interaction; bangla vision; place fortruth; indian justice; political analysts; arkitect india; multi pluralism; south asiacontact; muslimeen group; muslim news; islam history; masjid nabwi; worldof ismailis; ethad islam; geo islam; reality group; ameri conscience; two views; twocircles news; kashif indianmuslim; world review; world view; worldmuslim congress
Subject: MuslimAgenda :: Press Statement on 'Triple Divorce ' at AIMPLB -Dr. M.K.Sherwani

 

 

PRESS STATEMENT

    

       ( Regarding Triple Divorce issue at All India Muslim Personal Law Board)

 

Lucknow:January,18, 2010- The collective and forceful outcry of women members of All India Muslim Personal Law Board at their first meeting held in Lucknow  on Sunday,17th January, against the most perverted practice of 'Triple Divorce'( Divorce in one sitting) prevailing amongst some Muslim sects' is a welcome step in positive direction. The development must be considered as heralding a new era and be taken as an eye-opener by those clergy who have always shown a deep sense of obstinacy in sticking to the centuries old malpractices which have assumed the shape of religious sanctity.

        There is no shade of doubt that whatever must have been the historical background of this prevailing malaise of ' TALAQ,TALAQ, TALAQ' in one sitting, it  has not the remotest relation with Quranic injunctions. On the contrary, they have exposed the Muslim community to ridicule  before non-Muslims, and further left the judicial institutions in a dilemma , especially in India, regarding its acceptability in the dispensation of justice as to which form of 'divorce' must enjoin justiciability.

       It is a matter of great regret that All India Muslim Personal Law Board - a body representing all Muslim sects-  even during its decades long existence has still not come forward with some consensus on the most appropriate form of divorce which may be submitted  as an authentic proof  before the judiciary.Instead it has remained embroiled in the trivialities like the 'SHAH BANO' controversy  and the subsequent ' MUSLIM WOMEN ( PROTECTION OF RIGHTS) ON DIVORCE ACT' which snatched away  already existing rights of maintenance under Section 125 of Criminal Procedure Code from Muslim women. Had the verdict in Shah Bano case been followed by a mass movement for the amendment of Zamindari Abolition Act for granting the share to Muslim women in the parental agricultural property , it would have sent a good message to the world regarding Islam and Muslim Law.

         Now a time has come when All India Muslim Personal Law Board must take a bold initiative  to eliminate the un-Quranic practices like ' triple divorce' and isolate those elements who are opposed to the restoration of Quranic theme in proper perspective. Let it be clarified that it is not the amendment or change of what Quran says but it is the process of eradication of ugly traces  which have adultrated its explicit commandments.

_______________________________________________________________

 

Dr. Mustafa Kamal Sherwani,LL.D.

Chairman,All India Muslim Forum,

Associate Professor, Shia College of Law

Lucknow,U.P. India

& Former Dean,Faculty of Law and Shariah

Zanzibar University,Zanzibar

Republic of Tanzania

E:mail-sherwanimk@yahoo.com

Phones-+91-9919777909

+91-522-2733715

 

 


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