Wednesday, 3 January 2018

Talak-e-biddat (Instant Divorce)

Triple talaq is a 1,400 year-old practice among Sunni Muslims. It is "manifestly arbitrary" and allows a man to "break down (a) marriage whimsically and capriciously”.
Triple talaq as a practice is not mentioned in the Quran or Sharia law. It is also largely disapproved by Muslim legal scholars. Several Islamic countries, including Pakistan and Bangladesh, have banned it, although it is technically legal in Sunni Islamic jurisprudence. Triple talaq, in Islamic law, is based upon the belief that the husband has the right to reject or dismiss his wife with good grounds. If the wife wants to end her marriage and her husband does not agree to give a talaq, she has to comply with proceedings under the Dissolution of the Muslim Marriages Act. As far as Sharia is concerned she needs to obtain a release from the marriage bond by the husband agreeing to such, by granting a Khula, or if he refuses to seek the dissolution of the marriage (faskh) by order of a sharia court judge (qazi).
Triple talaq is a form of divorce that was practised in India, whereby a Muslim man could legally divorce his wife by pronouncing talaq (the Arabic word for divorce) three times. The pronouncement could be oral or written, or, in recent times, delivered by electronic means such as telephone, SMS, email or social media. The man did not need to cite any cause for the divorce and the wife need not have been present at the time of pronouncement. After a period of iddat, during which it was ascertained whether the wife is pregnant, the divorce became irrevocable. In the recommended practice, a waiting period was required before each pronouncement of talaq, during which reconciliation was attempted. However, it had become common to make all three pronouncements in one sitting. While the practice was frowned upon, it was not prohibited. A divorced woman could not remarry her divorced husband unless she first married another man, a practice called nikah halala. Until she remarried, she retained the custody of male toddlers and prepubescent female children. Beyond those restrictions, the children came under the guardianship of the father.
The bench that heard the controversial Triple talaq case in 2017 was made up of multifaith members. The five judges from five different communities are Chief Justice JS Khehar, a Sikh, Justices Kurian Joseph a Christian, RF Nariman a Parsi, UU Lalit a Hindu and Abdul Nazeer a Muslim. The Supreme Court has to examine whether Triple talaq has the protection of the constitution—if this practice is safeguarded by Article 25(1) in the constitution that guarantees all the fundamental right to “profess, practice and propagate religion”. The Court wants to establish whether or not Triple talaq is an essential feature of Islamic belief and practice. In a 397-page ruling, though two judges upheld validity of Instant triple talaq (talaq-e-biddat), the three other judges held that it was unconstitutional, thus barring the practice by 3–2 majority. One judge argued that instant triple talaq violated Islamic law. The bench asked the central government to promulgate legislation within six months to govern marriage and divorce in the Muslim community.The court said that until the government formulates a law regarding instant triple talaq, there would be an injunction against husbands pronouncing Instant triple talaq on their wives.

Tuesday, 12 December 2017

Date Rape Vs Violent Rape



There are various categories of rape basically defined in reference to the circumstances surrounding the act, and the characteristics or sex of the perpetrator and/ or the victim involved. These types include gang rape, incestual rape, war rape, date rape, violent rape, spousal rape-just to mention but a few. Penile penetration may not necessary for an act to constitute rape, because the perpetrator may use objects or hands to stimulate sexual organs.
The alleged offender may also use drugs and activities such as hypnosis to make the victim incapacitated. Rape is done for various reasons including blackmail, sexual gratification, money, curiosity-just to mention but a few. Here we are discussing about whether date rape and violent rape should be handled differently. In basic terms violent rape is the use of physical domineering whilst committing an act of rape by any perpetrator. There may be use of threats or physical force, however; an element of violence has to be present whether actually meted or not. The act of violent rape may be done by a total stranger or a person familiar to the victim-in which case it may constitute a date rape depending on the manner in which the act was carried out. On the other hand, date rape is an act of alleged rape where the perpetrator has a level of acquaintance and/or some romantic relationship level with the allegedly raped victim. In these cases the two parties are not total strangers to each other.
In a plain and basic criminal law definition rape is an act of assault that involves sexual intercourse between the perpetrator and the victim, and this is case the perpetrator initiates and performs the act without the consent of the victim. In non-legal realms rape is alternatively referred to as sexual assault. These terms have subtle differences, but they do have technical distinctiveness in some jurisdictions. The definition of rape in other jurisdictions only entails vaginal penile penetration, whilst all other sexual activities are regarded as assault in the sexual sense. Generally, sexual assault is a form of criminal assault which includes not only an act of rape, but also any other sexual activities that are non-consensual. Despite the variance of definitions under various jurisdictions there are two basic things that are common in all definitions, and these define what constitutes an act of rape.
In this sense, a similar treatment implies that the sentence offered to date rape offenders should be similar in magnitude and severity to that offered to violent rape victims.
There should be no difference in the magnitude of the punishment offered. However, the only difference, which may not even be termed as a difference is the fact that date rapes may have some misunderstandings resulting from the issue on implied consent. As such date rapes should be scrutinized for more explicit evidence that suggests that indeed there was no consent before the act. This is important because some alleged rape victims have been known to suggestively dress or act in a manner that drives the perpetrators to commit the act of sexual intercourse under the assumption that there is implied consent. Some of these victims may at times put up last minute resistance (token resistance) with the aim of indicating that indeed they were raped. These acts have been known to be enhanced to occur for the sake blackmail and malicious schemes to acquire money or sabotage the alleged perpetrators. Therefore, the more scrutiny required for date rapes compared to violent rapes which may obviously be evident in portrayal by physical harm.

Tuesday, 7 November 2017

Increased Role of females in Today's Society

Women are taking a stand and reclaiming their historical virtues because it is our primal nature. This
intrinsic nature is instinctual survival. We all want to continue our human race and survive. This is a part of who we are. It may be automatic or unconscious, but the sooner we recognize it, the better off we will be. Women have a great capacity to connect with nature and to a Divine source. Those with a deep inner knowing are capable of surrendering to higher wisdom. We all have the human capacity to make conscious choices and to utilize self-knowledge.
By acknowledging the pain and uniting with others in a group or through one on one conversation, women can heal the pain. Another way women can heal is through identifying with a powerful feminine archetype. The story of the Goddess Inanna emphasizes empowerment. As a feminine aspect of cosmic and human powers, the Goddess Inanna is dual in character and manifests the full gamut of human potential. In one sense she is Mother Earth, her concern and caring for others is marked by her rescue and tender care of the hulluppu-tree. She manifests Gods gifts for mankind and stands strong and confident in an effort to do this. In another sense, she represents the capacity in every human being to triumph over difficult times and continually achieve fuller expressions of Divine glory.
When I mention the feminine, I am not referring only to women-I am referring to both men and women. Women and men both
contain feminine and masculine energy. These two energies exist simultaneously within each human being. However, very few of us utilize our inner feminine nurturing nature. Inanna represents a woman who contains a balance of masculine and feminine aspects. She is strong and empowered. She takes action. Moreover, Inanna's myth tells us she is willing to rescue the tree and has patience to nurture the tree. In our modern world, we need to move forward and acknowledge the Divine feminine. We must recognize this Divinity within ourselves. Very much like Mother Teresa is revered for her feminine qualities of nurturing and caring, women too should be valued for their innate skills of loving and leading their families.
Women will begin to lead the way in their family's health and in their family's set of values. If a woman is healthy in mind, body and spirit, she boasts a healthy family. If a woman is unhealthy, however, the family is subject to shadow aspects that easily trickle from generation to generation. If the family household is of mind, body and spirit, the children pick up on this and it sets the stage for their perceived values. A man who criticizes his wife in front of his children leads his family to believe this is normal and continues creating turmoil. On the other hand, a man who is raised by an empowered female will naturally generate a balanced family.The only way women will make a difference in the trajectory of our human race is to stand up for what they know is true in their hearts. Furthermore, they can reunite with their primal, innate instincts. Women can honor the magnificence of their feminine cycles and embrace the continuous change in their bodies. Women should not be ashamed of their menstrual cycle or try to stop it through birth control injections. This is their womanhood. Feminine virtues should be perceived as a gift; a blessing for the creation of human life. This insight will help us stay better connected with the whole of our human  nature.
In today's world, women are looking for a strong female archetype to identify with. Women are being called to get in touch with their feminine principles and take responsibility. Women are being called to unite and bring light to their inner feminine energy. As the modern woman awakens, she will find it helpful to identify with a legendary story that signifies women's confidence, strength and feminine virtue.
Women have a great capacity to take on major change but we must prepare and empower ourselves to do this. This will manifest as a healthy balance of masculine/feminine equality. Now more than ever it is vital that women bond and come together to implement a universal shift in consciousness. How do we do this? How do women overcome the pain of thousands of years of mistreatment and degradation. The only way is through awareness and a willingness to heal.
By acknowledging the pain and uniting with others in a group or through one on one conversation, women can heal the pain. Another way women can heal is through identifying with a powerful feminine archetype. The story of the Goddess Inanna emphasizes empowerment. As a feminine aspect of cosmic and human powers, the Goddess Inanna is dual in character and manifests the full gamut of human potential. In one sense she is Mother Earth, her concern and caring for others is marked by her rescue and tender care of the hulluppu-tree. She manifests Gods gifts for mankind and stands strong and confident in an effort to do this. In another sense, she represents the capacity in every human being to triumph over difficult times and continually achieve fuller expressions of Divine glory.
Women are taking a stand and reclaiming their historical virtues because it is our primal nature. This intrinsic nature is instinctual survival. We all want to continue our human race and survive. This is a part of who we are. It may be automatic or unconscious, but the sooner we recognize it, the better off we will be. Women have a great capacity to connect with nature and to a Divine source. Those with a deep inner knowing are capable of surrendering to higher wisdom. We all have the human capacity to make conscious choices and to utilize self-knowledge. In Inanna's story, she is a young woman who braves the forceful flood waters of the Euphrates River and saves the "tree of life." Our own modern-day "tree of life" is hanging by a thread. Many people are beginning to recognize this based on the current uprisings in the Middle East and the recent natural catastrophes-namely Japan.
What if we had some way of preventing this from occurring? What would this look like? This could look like the beginning of Inanna's story when she brings the ragged cedar tree to her holy garden. As a recourse, this signifies a need to start connecting with humanities inner feminine nature.
When I mention the feminine, I am not referring only to women-I am referring to both men and women. Women and men both contain feminine and masculine energy. These two energies exist simultaneously within each human being. However, very few of us utilize our inner feminine nurturing nature. Inanna represents a woman who contains a balance of masculine and feminine aspects. She is strong and empowered. She takes action. Moreover, Inanna's myth tells us she is willing to rescue the tree and has patience to nurture the tree. In our modern world, we need to move forward and acknowledge the Divine feminine. We must recognize this Divinity within ourselves. Very much like Mother Teresa is revered for her feminine qualities of nurturing and caring, women too should be valued for their innate skills of loving and leading their families.
Women are beginning to recognize their inner feminine qualities and there is a recent trend of women valuing the importance of self-care. Mothers who care for their families are coming of age to realize that it is okay to take some time for themselves. The influx of women taking yoga classes or yoga teacher training has significantly increased. True yoga allows one to go inward and meditate on the inner feminine energies. The next step for women's evolution is to honor their own inner truth.
Women will begin to lead the way in their family's health and in their family's set of values. If a woman is healthy in mind, body and spirit, she boasts a healthy family. If a woman is unhealthy, however, the family is subject to shadow aspects that easily trickle from generation to generation. If the family household is of mind, body and spirit, the children pick up on this and it sets the stage for their perceived values. A man who criticizes his wife in front of his children leads his family to believe this is normal and continues creating turmoil. On the other hand, a man who is raised by an empowered female will naturally generate a balanced family.
The only way women will make a difference in the trajectory of our human race is to stand up for what they know is true in their hearts. Furthermore, they can reunite with their primal, innate instincts. Women can honor the magnificence of their feminine cycles and embrace the continuous change in their bodies. Women should not be ashamed of their menstrual cycle or try to stop it through birth control injections. This is their womanhood. Feminine virtues should be perceived as a gift; a blessing for the creation of human life. This insight will help us stay better connected with the whole of our human nature.


Article Source: http://EzineArticles.com/6381170

Talak-e-biddat (Instant Divorce)

Triple talaq is a 1,400 year-old practice among Sunni Muslims. It is "manifestly arbitrary" and allows a man to "break down...