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The Muslim Women (Protection of Rights on Marriage) Bill 2019; New English Latest Edition Marriage is said to be the union of two people and is seen as the purest and oldest institution in India. The object of marriage for every religion is different. For example, marriage in Hindus is considered to be a ‘dharma’, but every religion places an obligation to get married for some or other reason. Where marriages among Hindus are considered a sacred institution, marriage among Muslims is seen as a contract. Unlike Hindu Law, Mohamedan Law, or Muslim Law is not codified. This leads to chaos and confusion regarding the various ceremonies and authenticity of various things related to marriage, like consent, age, divorce, maintenance, etc. In order to deal with different problems that arose due to the non-codification of Muslim law, the parliament passed various acts. The article explains all these acts and their important provisions. It also describes the nature and essential conditions of a Muslim marriage. Nature of Muslim marriage Marriage in Muslim law is known as Nikah. It is an Arabic word which means “union of two people”. Baillie’s Digest defines Muslim marriage as a contract done to legalise sexual relationships and the procreation of children, while on the other hand, in Hedaya (a guide or commentary on Islamic Law), nikah means carnal conjunction in its primitive sense. As said by the Prophet of Islam, marriage is his sunna (practices of the Prophet Muhammad) and his followers must obey his practices and follow them properly. When we talk about the nature of Muslim marriage, a question that always arises is whether it is a sacrament or a contract. Some jurists opined that marriage in Muslims is a civil contract while others argue that it has a sacrament attached to itself. Thus, while studying the nature of Muslim marriage, three different aspects are taken into consideration. These are: Legal aspect Social aspect Religious aspect Legal aspect of Muslim marriage The legal aspect says that among Muslims, marriage is a civil contract because it has similar characteristics to a contract. These are: Like a contract, there is a proposal i.e., Ijab by one party and acceptance i.e., Qubul by the other party. In a contract-free consent plays an important role. Similarly, there can be no marriage without the consent of the parties, and such consent must not be obtained through fraud, coercion, force or undue influence. If a minor is married by their guardians, then the minor has a right to repudiate the marriage on attaining the age of majority, which is the same as the age of puberty in Muslims. This option of puberty is also known as khyar-ul-bulugh. Similarly, a contract entered into by a guardian on behalf of a minor can be set aside or controlled by him on attaining a majority. The parties to a marriage are allowed to enter into any kind of ante-nuptial or post-nuptial agreement if it is enforceable by law. The only condition is that it must be reasonable and not contrary to their religion. The terms of marriage in the nikahnama can be altered according to the wishes of the bride and groom, but it must be within the limits of the law. In the case of Abdul Kadir v. Salima (1886), it was held that Muslim marriage is a contract and not a sacrament.
The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. The focused theme of Volume 5 is Law, Culture and Human Rights in Asia and the Middle East.
Triple talaq, or talaq-e-bidat, is one of the most debated issues in the Muslim world. From antiquity, the Muslim faith has been plagued by the portrayal of Muslim men regularly misusing this perceived “right” to divorce their wives instantly by simply uttering “talaq” thrice. The Supreme Court of India, in the landmark judgment of Shayara Bano v. Union of India, has taken the step to declare this form of talaq unconstitutional and to strike down its practice. In Triple Talaq: Examining Faith, Salman Khurshid, who intervened to offer the court an amicus brief in the “Triple Talaq case”, offers a straightforward yet comprehensive overview of this complicated issue. Explaining the reasons behind the court’s decision, he dives deep into other aspects of this practice: why it is wrong; why it has thrived; what was the judicial history of this issue; what the Quran and Muslim religious leaders say about it; and what the comparative practices in other countries are. A handy guide to this landmark decision and what it means for Muslims in India, this book is written not just for the theologian, but also for the common reader.
Secularism is a practice which entails building a ‘wall of separation’ between State and Religion. The general understanding is that this wall helps in prohibiting intervention from either side. However, since the State acts as a guardian of the public interest it may interfere in religious affairs, essentially, to dilute and de-circumscribe the limits of religious orthodoxy. It is, however, pertinent to note that some interventions in religious affairs are made even though there is no valid reason. One such example is the atheistic policy of the Russian state. The objective of this book is to compare the different models of secularism practiced in Russia and India respectively, and lay down some guiding principles which a secular State can adopt to rehabilitate a religion which was subjected to unwarranted State interventions.
This collection of essays and articles captures the beginning of the Muslim women’s movement in India in the last two decades. Written at different points during the journey, these pieces provide a glimpse into the collective tumultuous journey of women demanding reform in Muslim family law in India and for equal citizenship without discrimination. This journey was undertaken by ordinary women under their own leadership. This collection highlights the challenges faced by women. It also celebrates successes such as the organization of women into groups, abolition of triple talaq and women’s entry into the mazar of Haji Ali Dargah. This book is a collection of articles written by authors, individually and jointly in various newspapers, magazines, journals and other publications. It challenges the misogynist regressive norms for women in family set by patriarchal religious groups. It calls for state accountability in providing safety, security and equality to Muslim citizens. Based on experiences and insights from grounded struggle of ordinary women, these essays give hope and provide strength in addressing discrimination through shared vision and collective democratic action. It calls out the failure of conservative religious leadership as well as elected representatives in providing an enabling environment to the community and particularly, women. It calls out certain feminists for their dual standards and for unsuccessful attempts to weaken the movement for reform in family law led by ordinary Muslim women.
1. Collection of more than 162 Essays covering various topics 2. Focuses on developing the art of writing essays 3. Guide is divided into 2 Parts 4. First Part focuses on how to write an effective, interesting essays with techniques 5. Second Part contains all the Latest and Updated topics from all fields of life 6 All topics have been penned in a clear and easy language 7. Important Quotations are provided to better essay writting Writing an essay is a perfect art blend of intellect and creativity that needs discipline of mind, analytical power, and good vocabulary to express thoughts in an appropriate context. To craft a purposeful essay, one must have thorough knowledge of topics, expressions, grammatical accuracy and coherence of thoughts all together. With the revised edition of “151 Essays” readers are certainly helped in enhancing capabilities to present subject matter in a concise and organized manner. The essays in this book have been classified under different categories, giving views on every genre. Latest topics have also been covered with accurate facts and data wherever required. Use of simple and standard language has been kept in mind so that students with different caliber are benefited. A separate section has been made for ‘Important Quotations’ so that students can use them in writing essay when they require. This book is highly useful for all kinds of examination from academic to government competition. TOC Contemporary Issues, Social Issues, Political Issues, Economic Issues, Science and Technology, Environmental Issues, Education, Health and Sports, Renowned Personalities, Preverbal and Idiomatic, Miscellaneous Issues, Important Quotations
This book is an attempt to discuss what is the place of Islam in India. What are the status and opportunities of Muslims in India and also what is the Indian form of Islam? Many important issues have been raised in the book, as well as the status of Muslims in government schemes and programs has been assessed. The book also tries to find out the size of the problems of Indian Muslims and how they can be resolved. Terrorism has been mentioned in many places in the book, which is an attempt to clarify that Indian Muslims are not intolerant by their nature but external forces want them to live in a state of isolation in the country. This is the reason why an attempt has been made to understand the situation in Kashmir as well. This book is dedicated to all those readers who want to understand Indian Islam from a new but established point of view.
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The fast-consolidating identities along religious and ethnic lines in recent years have considerably ‘minoritised’ Muslims in India. The wide-ranging essays in this volume focus on the intensified exclusionary practices against Indian Muslims, highlighting how, amidst a politics of violence, confusing policy frameworks on caste and class lines, and institutionalised riot systems, the community has also suffered from the lack of leadership from within. At the same time, Indian Muslims have emerged as a ‘mass’ around which the politics of ‘vote bank’, ‘appeasement’, ‘foreigners’, ‘Pakistanis within the country’, and so on are innovated and played upon, making them further apprehensive about asserting their legitimate right to development. The important issues of the double marginalisation of Muslim women and attempts to reform the Muslim Personal Law by some civil society groups is also discussed. Contributed by academics, activists and journalists, the articles discuss issues of integration, exclusion and violence, and attempt to understand categories such as ‘identity’, ‘minority’, ‘multiculturalism’ and ‘nationalism’ with regard to and in the context of Indian Muslims. This second edition, with a new introduction, will be of great interest to scholars and researchers in sociology, politics, history, cultural studies, minority studies, Islamic studies, policy studies and development studies, as well as policymakers, civil society activists and those in media and journalism.
The Indian Constitution is the country's primary and highest legislation. It outlines the basic structures of the Indian government, including its guiding principles, the laws that govern it, and the authorities it is vested with. The rights and responsibilities of its residents are spelled out in detail. It has the longest constitution in the world. Dr. B.R. Ambedkar, the committee's chairman and a primary architect of the Indian Constitution, penned the document's bulk. On December 9th, 1946, Constituent Assembly convened for the first time. On December 11, Dr. Rajendra Prasad was elected as the permanent chairman of "India's sovereign constituent assembly". The Indian Constitution gives constitutional primacy instead of parliamentary supremacy since it was formed by the Constituent Assembly and not the Parliament. In force since January 26, 1950, it was adopted by the "Indian Constituent Assembly" on November 26, 1949. After the "Government of India Act" of 1935 was replaced by the Indian Constitution, the Dominion of India became the Republic of India. The Indian Constitution's opening prologue is included. This introductory section of our Constitution serves as a compass for all Americans. Freedom, justice, and equality are promised to the people of India, who live under a secular, socialist, democratic government in this document. It was during the 1976 Emergency that the prologue was changed to incorporate the words "socialist" and "secular."