Why not four spouses for Muslim women too, asks Kerala HC judge
9 years ago

Why not four spouses for Muslim women too, asks Kerala HC judge

Hindustan Times  

Kerala high court judge Justice B Kamal Pasha stirred a hornet’s nest on Sunday by asking why Muslim women could not have four husbands while the men enjoyed the same privilege under the Muslim personal law. Kerala high court judge Justice B Kamal Pasha said Muslim personal laws are heavily loaded against women. Addressing a seminar organised by an NGO run by women lawyers in Kozhikode, Pasha said Muslim personal laws are heavily loaded against women. Besides denying equality, it also denies women’s right to property and other issues,” he said.

Law Women Kerala Muslim Pasha  pasha  loaded  kerala  verdicts  spouses  asks  court  muslim  right  law  hc  women  personal  judge

History of this topic

Muslim women’s alimony right meets the moment
8 months, 1 week ago

Muslim women’s alimony right meets the moment

New Indian Express  

In a landmark judgement, the Supreme Court has said that a Muslim woman has the right to seek maintenance from her husband under Section 125 of the Criminal Procedure Code like any other woman. The SC bench rejected the argument that the provisions of Section 125 do not apply in view of there being a personal law on the issue …

Divorced Muslim women can seek maintenance from husband, rules Supreme Court
8 months, 1 week ago

Divorced Muslim women can seek maintenance from husband, rules Supreme Court

Hindustan Times  

The Supreme Court on Wednesday ruled that a divorced Muslim woman is entitled to seek maintenance from her husband under Section 125 of the Criminal Procedure Code, adding that the Muslim Women Act, 1986, will not prevail over the secular law. A bench of Justices BV Nagarathna and Justice Augustine George Masih pronounced the judgments upholding a Muslim woman's right …

‘Policing love’: Why couples could now be thrown in jail just for living together in India
1 year ago

‘Policing love’: Why couples could now be thrown in jail just for living together in India

The Independent  

Latika and Ankit don’t want to get married. Here in the picturesque Himalayan foothills, where The Beatles came to seek spiritual enlightenment, the Uttarakhand state government has become the first in the country to draft and approve a controversial law governing many aspects of people’s private lives, including marriage, divorce, inheritance, property rights and – most controversially – so-called “live-in” …

Allahabad High Court refuses to give Muslim married woman and Hindu live-in partner protection citing Sharia Law
1 year ago

Allahabad High Court refuses to give Muslim married woman and Hindu live-in partner protection citing Sharia Law

Op India  

On 23rd February 2024, the Allahabad High Court ruled that it cannot protect the live-in relationship of a legally wedded Muslim woman with another man, as this amounted to a crime according to Sharia. Justice Renu Agarwal gave this verdict on a plea filed by a married Muslim woman and her Hindu live-in partner fearing for her life against threats …

'You can marry multiple times, but all wives must be treated equally': Madras HC cites Sharia law to dissolve marriage of Muslim man
1 year, 2 months ago

'You can marry multiple times, but all wives must be treated equally': Madras HC cites Sharia law to dissolve marriage of Muslim man

Op India  

On December 22, 2023, the Madra High Court upheld the annulment of a marriage, holding that while Islamic Law allows polygamy, equal treatment of all wives is essential and failing to do so amounts to cruelty. Under Islamic Law, the husband is entitled for Polygamous marriage, however, he has to treat all the wife equally,” the court observed. On that …

Supreme Court Agrees To Form Constitution Bench To Hear Cases Challenging Validity Of Polygamy & Nikah Halala In Muslim Personal Law
2 years, 3 months ago

Supreme Court Agrees To Form Constitution Bench To Hear Cases Challenging Validity Of Polygamy & Nikah Halala In Muslim Personal Law

Live Law  

The Supreme Court, on Thursday, agreed to reconstitute a Constitution Bench for hearing a batch of petitions challenging the constitutional validity of the practice of polygamy and Nikah Halala allowed by Muslim personal law. Eight petitions challenging these practices were previously listed before a 5-judge bench comprising Justices Indira Banerjee, Hemant Gupta, Surya Kant, MM Sundresh and Sudhanshu Dhulia. Chandrachud, …

Islamic law recognises Muslim woman's right to demand divorce, husband's consent not needed: Kerala HC
2 years, 4 months ago

Islamic law recognises Muslim woman's right to demand divorce, husband's consent not needed: Kerala HC

India Today  

The Kerala High Court has said that the Islamic law recognises a Muslim woman's right to demand termination of marriage. Dismissing a review petition against a judgment wherein the court had recognised a Muslim woman's right to resort to khula, the division bench of Justice A Muhamed Mustaque and Justice CS Dias said, "In the absence of any mechanism in …

All India Muslim Women's Personal Law Board Approaches Supreme Court Against Extra-Judicial & Unilateral Talaq
2 years, 5 months ago

All India Muslim Women's Personal Law Board Approaches Supreme Court Against Extra-Judicial & Unilateral Talaq

Live Law  

The All-India Muslim Women's Personal Law Board has moved Supreme Court seeking against unilateral forms of divorce by Muslim husbands by pronouncement of talaq as per the personal law.The Board seeks to declare divorce given to Muslim women without following the due procedure as null & void with retrospective effect.The Board sought a direction from the Court to declare that …

Supreme Court To Hear Cases Challenging Validity Of Polygamy & Nikah Halala In Muslim Personal Law In October; Issues Notice To NHRC, NCW & NCM
2 years, 6 months ago

Supreme Court To Hear Cases Challenging Validity Of Polygamy & Nikah Halala In Muslim Personal Law In October; Issues Notice To NHRC, NCW & NCM

Live Law  

A Constitution Bench of the Supreme Court will start hearing a batch of petitions challenging the constitutional validity of the practice of polygamy and Nikah Halala allowed by Muslim personal law after the Dussehra holidays.Eight petitions challenging these practices were listed on Tuesday before a 5-judge bench comprising Justices Indira Banerjee, Hemant. A Constitution Bench of the Supreme Court will …

Delhi HC seeks govt response on plea for ‘regulation’ of polygamy in Islam
2 years, 10 months ago

Delhi HC seeks govt response on plea for ‘regulation’ of polygamy in Islam

Hindustan Times  

The Delhi high court on Monday sought the Centre’s stand on a Muslim woman’s plea seeking regulation of the practice of bigamy or polygamy which is allowed under Muslim law. The woman sought directions to the Union government to frame a law to regulate the practice of bigamy or polygamy contracted by a Muslim husband under Shariat with provisions of …

Polygamy: Plea In Delhi High Court Seeks Muslim Men To Obtain Prior Consent From Existing Wife Before Subsequent Marriage, Notice Issued
2 years, 10 months ago

Polygamy: Plea In Delhi High Court Seeks Muslim Men To Obtain Prior Consent From Existing Wife Before Subsequent Marriage, Notice Issued

Live Law  

The Delhi High Court today issued notice on a public interest litigation filed by a 28 years old Muslim woman, seeking a declaration that Muslim men cannot perform second marriage, without prior consent of their first wife. In essence, the plea seeks to restrict the practice of Polygamy in Muslim men, stating that the same is a regressive practice, derogatory …

Transgender doctor from Jamia wants Muslims to quickly marry multiple times before polygamy becomes illegal
2 years, 10 months ago

Transgender doctor from Jamia wants Muslims to quickly marry multiple times before polygamy becomes illegal

Op India  

Self-proclaimed queer activist Dr Aqsa Shaikh who reportedly is a faculty member at Jamia Hamdard has made controversial remarks on Muslim polygamy while trying to peddle the claim that all Muslims in India are in danger. “Dear Muslims, get Married.” Dr Shaikh started her thread saying, “There is palpable islamophobia across India whether you are in a village or Delhi, …

Landmark Kerala HC verdict restores a right for Muslim women
3 years, 10 months ago

Landmark Kerala HC verdict restores a right for Muslim women

The Hindu  

For decades it was the best kept secret in matters of divorce among Muslims. At the societal level, most women have remained unaware of the right to khula, a single inalienable right to divorce that is available to them, and the case became even more complicated and ignorance spread across generations because the Dissolution of Muslim Marriages Act, 1939, denied …

Muslim women have right to invoke extra-judical divorce: Kerala HC
3 years, 11 months ago

Muslim women have right to invoke extra-judical divorce: Kerala HC

India TV News  

Overruling a nearly five-decade judgment, the Kerala High Court has restored the rights of Muslim women for divorce without resorting to judicial proceedings. Noting that the Holy Quran recognizes the right to divorce equally for both men and women, the bench observed that the dilemma of Muslim women, particularly in the State of Kerala, came to the fore when the …

Kerala HC shows progressive bent in allowing live-in relationships but protectionist approach infantilises women
6 years, 9 months ago

Kerala HC shows progressive bent in allowing live-in relationships but protectionist approach infantilises women

Firstpost  

In May 2017, the Kerala High Court upheld the habeas corpus petition of KM Ashokan, and pronounced that his daughter, Hadiya was not capable of taking her own decisions around marriage and religious rights. The constitutional court is bound to respect the unfettered right of a major to have live-in relationship even though the same may not be palatable to …

After triple talaq, Supreme Court to examine polygamy
6 years, 11 months ago

After triple talaq, Supreme Court to examine polygamy

Deccan Chronicle  

New Delhi: Within months of the Supreme Court striking down triple talaq as unconstitutional, a Constitution Bench of the top court will look into the legal and constitutional validity of the prevalent practices of polygamy and nikah-halala among Muslims. A three-judge bench, headed by Chief Justice Dipak Misra, while issuing a notice to the Centre on four petitions filed by …

All personal laws in India are discriminatory
7 years, 6 months ago

All personal laws in India are discriminatory

Live Mint  

The Supreme Court’s decision to strike down triple talaq should be the trigger to generate a candid debate on religion-based personal laws in the country. The petition stated that Shariah subjugated Muslim women by imposing purdah, allowing polygamy and unilateral divorce and depriving divorced Muslim women of maintenance rights. Several women’s groups and human rights lawyers’ teams have prepared drafts …

All personal laws in India are discriminatory
7 years, 7 months ago

All personal laws in India are discriminatory

Live Mint  

The Supreme Court’s decision to strike down triple talaq should be the trigger to generate a candid debate on religion-based personal laws in the country. The petition stated that Sharia law subjugated Muslim women by imposing purdah, allowing polygamy and unilateral divorce and depriving divorced Muslim women of maintenance rights. Several women’s groups and human rights lawyers’ teams have prepared …

HC refuses to hear PIL to stop triple talaq on Hindu wives of Muslim men
7 years, 11 months ago

HC refuses to hear PIL to stop triple talaq on Hindu wives of Muslim men

The Hindu  

The Delhi High Court on Friday dismissed a plea seeking a direction to the Centre that triple ‘talaq’ or polygamy should not be applicable to Hindu women who are married to Muslim men. A bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra said it was not inclined to go into the issue as the Supreme Court is …

Kerala to give free legal aid to Muslim women given triple talaq
7 years, 11 months ago

Kerala to give free legal aid to Muslim women given triple talaq

Hindustan Times  

Women in Kerala divorced through the Islamic tradition of triple talaq can now receive free legal aid Kerala’s minority commission constituted a special committee under retired judge PK Haneefa to provide legal assistance to divorced women whose husbands invoked the Sharia law by verbally saying ‘talaq’ thrice. Retired justice Haneefa said the committee would empower women to challenge the reasons …

How Embedded Patriarchy Has Historically Denied Justice to Women
8 years, 5 months ago

How Embedded Patriarchy Has Historically Denied Justice to Women

Live Law  

In a Judgment by Justice Anil Dave and Justice Nageshwar Rao, the Supreme Court has stated that separating a Hindu husband from his parents amounts to ‘cruelty’.The Judgment suggested that “a son, brought up and given education by his parents, has a moral and legal obligation to take care and maintain the parents, when they become old and when they …

Only 65 to go: Pakistani man sires 35 kids, closes in on target of fathering 100
8 years, 9 months ago

Only 65 to go: Pakistani man sires 35 kids, closes in on target of fathering 100

Firstpost  

A Pakistani father of 35 is now searching for a fourth wife as he romps towards his goal of 100 children, a dubious ambition in the conservative Muslim country where polygamy is rare but still practiced. Pakistan: A Pakistani father of 35 is now searching for a fourth wife as he romps towards his goal of 100 children, a dubious …

Muslim women discriminated by personal law? SC asks Centre to submit high level panel’s report
8 years, 11 months ago

Muslim women discriminated by personal law? SC asks Centre to submit high level panel’s report

Live Law  

The Supreme Court today initiated steps for detailed hearing of batch of petitions, one of them taken suo motu by it on the contentious issue and recurring complaints of gender discrimination suffered by muslim women arising out of several rules in its personal laws like triple talaq and polygamy.Significantly, a bench of Chief Justice T S Thakur and Justice U …

Why can't a Muslim woman have four husbands, asks Kerala HC judge
9 years ago

Why can't a Muslim woman have four husbands, asks Kerala HC judge

India TV News  

Kozhikode: A Kerala High Court judge sparked off a debate on Sunday when he put forth a booming question – ‘Why can't a Muslim woman have four husbands but a Muslim man can have four wives?' Targeting the Muslim Personal Law for discriminating against women in matters of inheritance, dowry and divorce, judge Parsha stated that the bias against women …

Court can't test validity of Personal Law: Muslim group to Supreme Court [Read Petition]
9 years, 1 month ago

Court can't test validity of Personal Law: Muslim group to Supreme Court [Read Petition]

Live Law  

The Supreme Court today allowed the Jamiat Ulama-i-Hind to become a party in a suo motu PIL instituted to consider gender discrimination suffered by Muslim women owing to "arbitrary divorce and second marriage of their husbands during the currency of their first marriage".The organisation contended that the court cannot test the validity of personal law. The Supreme Court today allowed …

Quran misinterpreted by Muslim men to have more than one wife: Gujarat HC
9 years, 4 months ago

Quran misinterpreted by Muslim men to have more than one wife: Gujarat HC

India TV News  

Ahmedabad: In a strongly-worded order, the Gujarat High Court has said the Quran, which Muslims believe to be a revelation from God, was being misinterpreted by Muslim men to have more than one wife. In his plea, Jafar, however, claimed that the Muslim Personal Law allows Muslim men to marry four times and hence the FIR against him does not …

Rights of Muslim women against arbitrary divorce not addressed, says SC
9 years, 4 months ago

Rights of Muslim women against arbitrary divorce not addressed, says SC

Firstpost  

The Supreme Court has expressed concern over Muslim women facing arbitrary divorces and second marriages of their husbands even as their first marriages were subsisting. New Delhi: The Supreme Court has expressed concern over Muslim women facing arbitrary divorces and second marriages of their husbands even as their first marriages were subsisting. Expressing concern on the issue of “gender discrimination… …

SC to examine Islamic personal law on provisions against Muslim women
9 years, 4 months ago

SC to examine Islamic personal law on provisions against Muslim women

India TV News  

New Delhi: The Supreme Court has decided to constitute a bench to examine Islamic personal law to do away with provisions biased against Muslim women. The court said the Muslim Women Act, 1986 that was passed during the Rajiv Gandhi government needed to be examined by a Constitution Bench, Hindustan Times reported. In a recent survey conducted by NGO Bharatiya …

Poll: Indian Muslim women want end to verbal divorce
9 years, 7 months ago

Poll: Indian Muslim women want end to verbal divorce

Al Jazeera  

Over 92 percent of women surveyed want total ban on practice allowing men to divorce by uttering word “talaq” thrice. Titled “Seeking Justice Within Family: A National Study on Muslim Women’s Views on Reforms in Muslim Personal Law”, the survey released recently by Bharatiya Muslim Mahila Andolan focuses on religious laws perceived as discriminatory against Muslim women. ‘Excluded educationally, economically …

All-women Sharia Court to redress grievances of Muslim women
11 years, 5 months ago

All-women Sharia Court to redress grievances of Muslim women

India TV News  

Pune: A Sharia Court conducted solely by women with an aim to redress grievances of Muslim women has started functioning in the city. Set up by Bharatiya Muslim Mahila Andolan, the first all-women Sharia Court here will deal with various family issues, including marital discord, divorce as well as property-related disputes.“We will be functioning to mete out justice to women …

Putting faith in the secular courts
11 years, 8 months ago

Putting faith in the secular courts

The Hindu  

In the furore over last week’s Madras High Court judgment on live-in relationships, one aspect has been ignored — the couple involved were both Muslim, making it one more instance in which courts have restored the rights of Muslim women; though hopefully, all women in live-in relationships in Tamil Nadu will benefit from this judgment. The petition also challenges the …

Discover Related