far-reaching implications -- this means judges have to study the koran? we need a uniform civil code, real bad.
---------- Forwarded message ----------
From: arun
http://www.zeenews.com/news625911.html
Allahabad: The Allahabad High Court has held that a Muslim man's
marriage to a woman of another religion shall be considered void and
against the tenets of Islam if he fails to get her converted to the
religion before wedlock.
In its order, a division bench comprising Justices Vinod Prasad and
Rajesh Chandra also ruled that remarriage of a Muslim man shall be
held void if he abandons his first wife without divorcing her and
fails to treat children born of the marriage in a fair and just
manner.
The order was passed yesterday when the bench dismissed a writ
petition of one Dilbar Habib Siddiqui, a resident of Allahabad, who
had married a Hindu girl named Khushboo on December 29, last year.
Siddiqui had moved the court with the plea to quash the FIR lodged
against him by Khushboo's mother Sunita Jaiswal alleging that he had
kidnapped her daughter, a minor at that time, and had compelled her to
marry him.
Refuting the charges levelled against him in the FIR, Siddiqui
produced a copy of Khushboo's high school certificate to prove that
she was a major at the time of marriage and her (Khushboo's)
representations to higher authorities, upon learning about the FIR,
that the marriage was a result of mutual consent.
While holding that having more than one wife is permissible under
Islam, the court, however, took strong note of the fact that before
tying the knot with Khushboo, Siddiqui had not disclosed to her that
he was already married and was the father of three children.
His first wife had appeared before the court during the course of the
hearing and alleged that Siddiqui had abandoned her and their three
children, compelling them to "live like destitute".
The court noted that Siddiqui "albeit married, had deceived Khushboo
Jaiswal, who did not intimate us that she was in the knowledge of the
petitioner's first marriage".
"For a valid Muslim marriage, both the spouses have to be Muslim. In
the present writ petition, this condition is not satisfied", the court
remarked and quoted from a verse in the Holy Quran which says, "Do not
marry unbelieving women until they believe... Nor marry your girls to
unbelievers until they believe".
Besides, the petitioner's marriage to Khushboo without divorcing his
first wife and not dealing with his three children in a fair and just
manner was "against the tenets of the Holy Quran" and hence "cannot be
legally sanctified", the court said.
The bench quoted the following verse from the holy book while making
the above observation - "Marry woman of your choice, two, three or
four; But if you fear that you shall not be able to deal justly (with
them), then only one... that would be more suitable to prevent you
from doing injustice".
Dismissing the petition, the court directed that investigations in the
impugned FIR be conducted expeditiously and authorities of the Nari
Niketan, where Khushboo is currently housed, hand her over to her
parents.
-PTI
From: arun
http://www.zeenews.com/news625911.html
Allahabad: The Allahabad High Court has held that a Muslim man's
marriage to a woman of another religion shall be considered void and
against the tenets of Islam if he fails to get her converted to the
religion before wedlock.
In its order, a division bench comprising Justices Vinod Prasad and
Rajesh Chandra also ruled that remarriage of a Muslim man shall be
held void if he abandons his first wife without divorcing her and
fails to treat children born of the marriage in a fair and just
manner.
The order was passed yesterday when the bench dismissed a writ
petition of one Dilbar Habib Siddiqui, a resident of Allahabad, who
had married a Hindu girl named Khushboo on December 29, last year.
Siddiqui had moved the court with the plea to quash the FIR lodged
against him by Khushboo's mother Sunita Jaiswal alleging that he had
kidnapped her daughter, a minor at that time, and had compelled her to
marry him.
Refuting the charges levelled against him in the FIR, Siddiqui
produced a copy of Khushboo's high school certificate to prove that
she was a major at the time of marriage and her (Khushboo's)
representations to higher authorities, upon learning about the FIR,
that the marriage was a result of mutual consent.
While holding that having more than one wife is permissible under
Islam, the court, however, took strong note of the fact that before
tying the knot with Khushboo, Siddiqui had not disclosed to her that
he was already married and was the father of three children.
His first wife had appeared before the court during the course of the
hearing and alleged that Siddiqui had abandoned her and their three
children, compelling them to "live like destitute".
The court noted that Siddiqui "albeit married, had deceived Khushboo
Jaiswal, who did not intimate us that she was in the knowledge of the
petitioner's first marriage".
"For a valid Muslim marriage, both the spouses have to be Muslim. In
the present writ petition, this condition is not satisfied", the court
remarked and quoted from a verse in the Holy Quran which says, "Do not
marry unbelieving women until they believe... Nor marry your girls to
unbelievers until they believe".
Besides, the petitioner's marriage to Khushboo without divorcing his
first wife and not dealing with his three children in a fair and just
manner was "against the tenets of the Holy Quran" and hence "cannot be
legally sanctified", the court said.
The bench quoted the following verse from the holy book while making
the above observation - "Marry woman of your choice, two, three or
four; But if you fear that you shall not be able to deal justly (with
them), then only one... that would be more suitable to prevent you
from doing injustice".
Dismissing the petition, the court directed that investigations in the
impugned FIR be conducted expeditiously and authorities of the Nari
Niketan, where Khushboo is currently housed, hand her over to her
parents.
-PTI
3 comments:
Not surprising, given that the Quran states explicitly that the believer cannot marry an unbeliever.
http://www.usc.edu/schools/college/crcc/engagement/resources/texts/muslim/quran/002.qmt.html#002.221
And do not marry the idolatresses until they believe, and certainly a believing maid is better than an idolatress woman, even though she should please you. And do not give (believing women) in marriage to idolaters until they believe, and certainly a believing servant is better than an idolater, even though he should please you. These invite to the fire, and Allah invites to the garden and to forgiveness by His will, and makes clear His communications to men, that they may be mindful.
is this good because then non-muslim women will hesitate to marry a muslim? or bad because then a non-muslim woman will become a muslim after marriage?
At the least, Muslim Personal Law should be limited to couples who are both born Muslim. For everyone else, UCC should apply.
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