UNIFORM CIVIL CODE IS ONLY SOLUTION

 

INTER-FAITH MARRIAGE

CONFLICT BETWEEN ‘SHARIA’ & LAW

MUSLIM WOMAN BETRAYED

UNIFORM CIVIL CODE IS ONLY SOLUTION

SARASIJ MAJUMDER

A High Court in India rejected a plea to protect a Muslim Woman and a Hindu Man. According to Indian Law,  her decision to enter into a Live-In Relationship with the Hindu  Person  is illegal under Muslim law, calling it Zina (fornication) as well as  Haram (an act forbidden by Allah).

I intentionally withheld  the names, and place, for maintaining secrecy of the persons. I Learned this from a Newspaper. Then searched the past legal instances. Refer Image above, and references below.

They received threats against their lives from the woman’s father and her relatives. The court handed down its judgment on this issue on February 23rd.

The woman also appealed to  the Court that her former husband, (identified only as Mohsin) deserted her to marry another woman two years ago, and he is currently living with his second wife. Following their separation, the Muslim woman returned to her matrimonial home, but she chose to enter into a live-in relationship with a Hindu Man because of being mistreated by her father, and family.

However, because the woman did not get any divorce from her husband and she was engaged in a live-in relationship with a different man, the state government and the High Court rejected their petitions for protection and even ruled that their relationship could be characterized as both Zina (fornication) and Haram (forbidden) under Sharia law.

RULING OF COURT:

"…….The first petitioner is living with [the] second petitioner in contravention of the provisions of Muslim law (Shariat), wherein legally wedded wife cannot go outside marriage, and this act of Muslim women is defined as zina and haram, …"

“….If we go into the criminality of the act of [the] first petitioner, she may be prosecuted for the offense under Section 494 (marrying again during [the] lifetime of husband or wife) and 495 (same offense with concealment of former marriage from]m person with whom subsequent marriage is contracted) of Indian Penal Code (IPC), as such, the relationship is not covered within the phrase of live-in relationship or relationship in the nature of marriage, ….”

During the hearing, the state counsel declined the woman’s plea, ruling that since the Muslim woman did not seek divorce from her ex-husband, lived with the Hindu man in adultery, and did not move any application to convert her religion, their relationship could not be protected by law.

Justice Mrs. Agarwal said, "Such a type of criminal act cannot be supported and protected by the Court."

The Court further added that the woman is still "Muslim by religion, and she has not moved any application to the authority concerned for conversion of her religion under sections 8 and 9 of the Conversion Act."

Not only in India, in UK also, Sharia is in conflict with British legal system. I quote----- “…there are occasions when Sharia Law conflicts with English law. Hence why it is ever more important to look at this in the context of the English Courts…..” REF: Islamic Marriage and the English Legal System: Nikah /Post by  Tahir Khan October 18, 2023

 

My Recommendation:--

BOTH, AT RAJASTHAN, and at PRAYAGRAJ—HC opined against such relationship. Reference furnished below.

I Request the RSS to be active, and undertake the following actions for all such cases. Let us work out a Social Solution within the system, for all interfaith marriages  applying  SANATAN DHARMA, as long as both the persons agree, till UCC is introduced:-

In case of a destitute Muslim Women---

1.0   By Wife: Talaaq-i-tafweez: Talaaq-i-tafweez is also known as delegated divorce and is recognized by both Shias and Sunnis. This is the only way through which a woman can give divorce to her husband but this power of giving divorce needs to be delegated by the husband only.

2.0   Khula:A divorce with mutual consent and at the instance of a wife in which she agrees to return mahr (obligation paid by the groom to the bride at the time of Islamic marriage) or give some consideration to her husband. It allows a woman to initiate a divorce. Does  she is having enough resources to undertake this action?

3.0   Last Option:-- That the husband has neglected or has failed to provide for her maintenance for a period of two years.

4.0   After, and if any of the  above  is fulfilled, She will be free from “NIKAH”— may get converted to Hinduism, and either can marry, or enter into an appropriate relationship. Then there will be no legal obstacle. 

THIS CASE, AND SIMILAR PAST CASES FURTHER STRENGTHEN THE REQUIREMENT OF UNIFORM/SECULAR CIVI CODE. IT WILL SOLVE THIS TYPE OF PROBLEMS IN INTER-FAITH MARRIAGES, AND DIVORCE CASES.

DISCLAIMER:-- THE BLOG IS NOT INTENDED TO SHOW DISRESPECT FOR ANY BODY--MUSLIM,OR HINDU, AND ANY RELIGION OR FAITH, AND JUDICIARY. Any mistake in English pronunciation of Islamic law, or word  is purely unintentional, and will be corrected, when pointed out by anybody.

 

REFERENCES:--

1.0  https://thebarristergroup.co.uk/blog/islamic-marriage-and-the-english-legal-system-nikkah#:~:text=Nikkah%20literally%20means%20intercourse%20and,other%20in%20a%20lawful%20way.

2.0  AMAR UJALA--- The case reported in NEWSPAPER, with details.

3.0  https://www.barandbench.com/news/litigation/police-protection-married-woman-live-in-relation-consent-illicit-relation-rajasthan-high-court

4.0  https://www.barandbench.com/news/litigation/difficult-for-a-woman-to-live-alone-after-breaking-of-live-in-relationship-allahabad-high-court

5.0 https://www.barandbench.com/news/litigation/supreme-court-live-in-relationships-allahabad-high-court-interfaith-couple 

6.0 SHARIA-- ENGLISH TRANSLATION

7.0  IMAGE—GOOGLE.