Discussion Thread

Visiting da next discussion thread….

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Muslim personal law generally disadvantages women in India.

1. Muslim women don’t get “alimony”, because their law doesn’t require it. In 1980s, a woman named Shah Bano fought for that right because her husband wouldn’t give it to her. But not under personal law but under other laws. The supreme court sided with her. But the then Congress government superseded the supreme court judgement with an act largely negating it due to massive outcry from Muslim groups. This act was gradually broadened, so they do get compensation but it is not as straightforward as Hindu marriage act or Special Marriage Act that has specific provisions for alimony (called maintenance).

2. Triple talaq- a man could utter “talaq” three times and divorce women. But the reverse was not permitted. This became controversial and in 2017, the supreme court held that this practice was illegal. In 2019, the BJP government codified this into law and also put in criminal penalties for attempting to divorce someone in this manner. In my opinion, I don’t think the Congress would’ve taken this initiative to do this.

3. Succession- if you marry under Muslim marriage act, you will again be disadvantaged as a woman. Muslims cannot write wills that are legally valid and it is divided as per Muslim personal law. This means if a Muslim guy has a daughter and a son, the son receives double the share automatically. This is a rough estimate, but in general, male heirs are prioritised. This has led to increasing number of muslims re registering marriages under the secular special marriage act so they can write wills and their daughters won’t get screwed over.

4. Polygamy – legal for Muslim men. Not widely practiced, but faces significant challenges in removal.

5. Child marriages- grey area. This is straight up prohibited for other communities even in their personal code. But according to Islamic law, a girl can marry post puberty. This keeps ending up in the supreme court and they have generally held these marriages to be valid. HOWEVER, after the passing of the protection of children from sexual offence act, courts have taken an increasingly strong stance against statutory rape of minors, despite holding the marriage valid. Essentially, you can marry, but you can’t consummate the marriage.

This is not a screed against muslims or Islam. And I didn’t touch on Christian personal laws because they are similar to Hindu laws.

But any attempt to regulate muslim personal law or supersede it with the uniform civil code will be met with strong resistance. So the only party who can do it is a Hindu majoritarian party who do not care about their votes. But the trouble is, they might write laws to fuck over innocent Muslims. A state in India, Uttarakhand (BJP government), recently got a uniform civil code but they wrote in ridiculous things like registering live in relationships with the police. This is why it is a right wing problem. Because Congress won’t touch it with a 10 foot pole. And BJP supporters want this specifically to piss off muslim organisations.

Just implement cruel policies that violate international law because money and you’ve purposefully handicapped your own state capacity

good morning dt 🥰

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Is it worth buying tickets again?

!ping BAD-FEELINGS