NationStates Jolt Archive

Coupla weeks ago, I posted an article on a really funny case....a muslim man allegedly uttered "talaq, talaq, talaq" in his sleep and the local mullahs had decreed that he is now divorced from his wife....which would mean that his wife sleeping with him anymore would be "zina" (adultery and punishable by shariat laws)....

Well here's a link to the original story

http://www.cnn.com/2006/WORLD/asiapcf/03/27/india.religion.reut/index.html
Report: Sleep 'divorce' counts

And here's the update. Thank God for the courts in India. Sanity prevails.

http://timesofindia.indiatimes.com/articleshow/1498836.cms
SC allows couple to live together after triple talaq

NEW DELHI: The Supreme Court on Friday directed the Orissa Government to provide police protection to a Muslim couple who were forced to separate after local clerics issued a Fatwa that they were divorced even as they wanted to live together.

The husband of Petitioner Nazma Biwi had pronounced triple talaq in an inebriated condition in 2004 but later realizing his mistake, he decided to live with his wife and three children.

However, local clerics at Bhadrak issued a Fatwa that they were divorced and hence could not live together. Thereafter the couple was forced to live separately by the community.

"No one can force them to live separately. This is a secular country. All communities---Hindus or Muslims should behave in civilised manner", a Bench of Justice Ruma Pal, Justice C K Thakker and Justice Markandey Katju observed.

The observation came after the Petioner's counsel complained that the couple continue to be ostracised by the Muslim community at Bhadrak in Orissa.

Orissa Government counsel Shibo Shanker Mishra sought two weeks to file reply to Nazma's petition and the court obliged.

Earlier Nazma had approached the High Court against the Fatwa and had sought police protection from her community men who were allegedly harassing the couple.

The incident had created a nation-wide controversy with various women organisations and civil society groups taking up cudgels on behalf of the harassed couple.

The clerics had said that if Nazma wanted to live with her husband, she must perform 'halala' (she must marry another man and the marriage must be consummated, after which she can get a divorce and then re-marry her first husband).

However, Nazma refused to do so, and instead knocked at the doors of the court.

Now, if they could do something about all those hindu wife burnings, and the discrimination of the lower castes and the casteless...

Now, if they could do something about all those hindu wife burnings, and the discrimination of the lower castes and the casteless...
To be fair, the Indian government has moved against those customs, but it's damn hard to make people stop doing the things they've done for so long. Specially when they don't know why they do them.

To be fair, the Indian government has moved against those customs, but it's damn hard to make people stop doing the things they've done for so long. Specially when they don't know why they do them.
Education helps... but, conditioning hinders it...

Mullah's react.

http://headlines.sify.com/news/fullstory.php?id=14190085&headline='SC~has~no~power~to~intervene~on~talaq'
'SC has no power to intervene in talaq issue'
Sunday, 23 April , 2006, 18:42

Bhubaneswar: Taking strong exception to the Supreme Court verdict directing Orissa government to provide security to a muslim couple who wanted to stay together after talaq, Orissa unit of Jamiat-ul-Ulama on Sunday threatened to ostrcise the couple if they went by the apex court decision.

“Supreme Court has no power to intervene in religious matter. :rolleyes: The apex court should have confined itself to other litigations. It should have consulted religious institutions and clerics before taking such decision,” Aameere Shariat (president) of Jamiat-ul-Ulama Maulana S S Sajideen Quasmi told PTI from Cuttack. “We will certainly drive the couple out of Muslim society if they stay together defying clerics decisions and abide by the Supreme Court verdict,” Sajideen said.

He said, “had the apex court directed the state government to give the couple protection for any other reason, we would not have objected. It is purely a religious matter. The court should not have hurt sentiments of any religious community:rolleyes: .”

The Jamiat-ul-Ulama, the highest religious body of Sunni sect in the state, said it would write to President of India, Prime Minister, Chief Minister and Law ministers of both state and union governments to look into the matter.

“We are not showing any disrespect to Supreme Court. We will continue to abide by its law. But we will certainly appeal the court to review its decision,” he said adding that it could create “distrust” in the community.

The whole issue should be discussed in the parliament. It was high time the legislative body should take a firm decision on religious independence, he said.

Najma Bibi and Seikh Sher Mohmmed of Orissa’s Bhadrak district had incurred the wrath of clerics after the husband pronounced triple talaq in a drunken state in 2003 but subsequently wanted to stay together.

However, Supreme Court on April 21, 2006 had directed Orissa government to provide security to the couple who wanted to stay together.

“No one can force them to live separately. This is a secular country. All communities — Hindus or Muslims should behave in a civilised manner”, a bench of Justice Ruma Pal, Justice C K Thakker and Justice Markandey Katju had observed.

Reacting to the apex court verdict, Orissa Chief Minister Naveen Patnaik had said “let the state government receive the verdict. Then only needful steps will be taken.”

Jamiat-ul-Ulama said it would soon convene a meeting of qazee shariat (district unit) to deliberate on the issue.

“We are waiting for the Supreme Court order and all heads of district units would discuss on the subject. Future course of action would be taken according to the resolution passed in the meeting,” Sajideen said.

Meanwhile, clerics in Bhadrak district have given guarded response. Abdul Bari, president of Bhadrak Muslim Jamait, said “we will take a stand after we get the copy of Supreme Court judgement.”

He said, “we are examining response of administration on the issue.”

A report from Najma’s village said some residents were opposed to Najama and Sher Mohmmed’s reunion. “we will not let anybody, who had defied fatwa, stay among us,” they warned.