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Any interference in Muslim Personal Law is not acceptable – JIH chief

Posted on 12 October 2016 by Admin_markaz

Ameer JIH Statement on 3 Talaq

11 Oct, New Delhi: Jamaat-e-Islami Hind (JIH), one of the prominent Muslim religious organizations of India has come out strongly against the government’s stand on triple talaq. Maulana Syed Jalaluddin Umari, the Jamaat chief said that: ”the Constitution of India guarantees the freedom to profess, practice and propagate one’s own religion. This inviolable freedom is given to every individual and enshrined as a fundamental right in our Constitution. Government should not interfere in the belief and religion of any citizen. Muslims consider divorce, polygamy and other personal laws as an intrinsic part of their religion and are hence obliged to follow the Sharia in those matters. The government should respect this position of Muslims instead of conspiring to put an end to it. The government cannot force Muslims to follow other communities in issues related to personal laws as it would amount to an infringement on their fundamental rights. Those clamoring against triple talaq and demanding a ban on polygamy are a miniscule minority and are not representative of the Indian Muslim community. Efforts to impose a Common Civil Code in the name of social reform and gender justice will prove counterproductive”. Maulana Umari continued: ”Jamaat-e-Islami Hind completely stands by the All India Muslim Personal Law Board which is the authentic representative body of Indian Muslims. All major Muslim organizations and a vast majority of the Muslim community stand solidly behind the Board and will not accept any interference in their personal law. Those try to sow the seeds of dissension among Muslims will never succeed. The problem of triple talaq and polygamy has been blown out of proportion with the sole motive of portraying Muslims as being patriarchal and misogynistic. The percentage of polygamy amongst Muslims is negligible. It is not mandatory for Muslims to practice polygamy but permission to have more than one wife does exist, albeit under certain conditions”. On the question of triple talaq, the JIH President said: ” Most of the Islamic scholars accept pronouncement of triple talaq in one sitting as leading to a final and irrevocable divorce. However if a person pronounces triple talaq in one sitting but says that he intended only a single divorce, then it will be treated likewise. The ideal way of divorcing one’s wife is to pronounce three talaqs one by one over a period of three months between her menstrual cycles, so that there is an opportunity for reconciliation between the spouses. A little known fact is that Islam allows a woman to get divorce through a process called ”khula”. If she is not happy with her marital life, she may return her alimony and demand separation. If the husband does not comply to her request then she may approach a ”Qazi” (judge) who will help her to complete the divorce formalities.

4 Responses to Any interference in Muslim Personal Law is not acceptable – JIH chief
  1. The prime job of the Government and the parliament to upliftment of the nation not by destruction. Make sure the employment to every adult and head of the family, eliminate the poverty, Improve the quality Education for all without the reservations, provides the Playgrounds and sports to the youth and Medical facilities to the seniors, Control the crimes, promotes the legal values while Fixing the appropriate punishment ensure that, the crime should not be easily reach to the criminal minds, justices for all without the delay, maintain the Law and Order. Don’t interfere the public Religion, Faith, Believe and practicing.

    The Government and its advisors, may sincere in Muslim issues and similary get the confidence too. The running Talaq issue, They have to capable to understand the source and its legal functioning, when it is permissible both the options in Islam, whether in one sitting by pronouncing Three Time or it takes Three Months to pronounce one time at the end of every month. Only we can evaluate both the options as “superior” and “good”. But in both situation the Talaq (divorce) will be done and separate the couple from the Marriage.

    The point to be noted, Islam is not against the Divorce, it empowers to the Women and the Married couple, if they marriage will fail, no need to spoil the life for ever.

    Similarly, the Government should find out the remedy of the social crimes, which takes the married couple to a miserable life.

    Well wishers and good time ahead,

    Anwar Masih Uddin

  2. syed bilal says:

    yes it is not acceptable

  3. Indian government or courts should not interfere with Muslim personal law. However Muslim organizations should find out ways to control abuse of triple talaq which is against the spirit of the Quran

  4. Junaid Mohammad Khan Fahim Ahmed Khan says:

    Assalamu Alaikum Wa Rahmatullahi Wa Barqatahu.
    As per the media is playing major role about Uniform Civil Code, JIH should launch a Campaign showing some survey about women’s concern about this Uniform civil code, we should have real numbers of percentage in every particular regions of both Urban & Rural populations of Muslims, with that report we should submit according to respective offices.This will give more impact on our role Against Uniform Civil Code.
    Jazak Allah

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