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Indian Court: Why Can’t Muslim Women Have Four Husbands If Their Husbands Are Allowed Four Wives, Asks This High Court Judge

Indian Court: Why Can’t Muslim Women Have Four Husbands If Their Husbands Are Allowed Four Wives, Asks This High Court Judge

Indian Court: Why Can’t Muslim Women Have Four Husbands If Their Husbands Are Allowed Four Wives, Asks This High Court Judge

The Kerala high court judge B Kemal Pasha said that Muslim Personal Law discriminated against women on matters related to dowry, divorce and inheritance and this was in contradiction to the Quran’s position on these issues.

Speaking at a seminar organised by Nisa — a progressive Muslim women’s forum — and Punarjani Charitable Trust here on Sunday he said that while the Quran had actually granted women the right to extra-judicial divorce by way of Faskh, Muslim Personal Law didn’t grant that right to women even as it allowed men the right to pronounce talaq.

“It is discrimination and the religious leaders who have created such a situation cannot shy away from addressing it

Marriage equality

They should introspect whether they are qualified for pronouncing judgments. The persons who reeive the judgments should also think about that,” he said. The judge rhetorically asked why a woman can’t have four husbands when a man can have four wives and added that to lead a proper life a man or woman needed just one partner. Stating that the Constitution guaranteed equality to both man and woman, he said all laws of the country come under the purview of Article 14 and Article 21 which guaranteed right to equality and right to life respectively.

Judge Pasha said several shortcomings of Muslim Personal Law stemmed from the fact that it was not properly codified

“Currently the courts are rendering justice on the basis of precedence and on the basis of the Mohammedan Law as compiled by legal expert D F Mulla. What is being implemented is not fully as per Quranic verses. Let the personal law be codified as per the principles of Quran which had expounded equality for man and woman,” he said.

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reuters

Pasha added that the personal law had drawbacks related to Hanafi law of intestate succession as it didn’t allow a father who had only daughters to ensure that his property is inherited by his daughters and wife alone as his brothers and sisters will have right over the property.

http://www.indiatimes.com/news/india/why-can-t-muslim-women-have-four-husbands-if-their-husbands-are-allowed-four-wives-asks-this-high-court-judge-in-kerala-251647.html

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