The All India Personal Woman Law Board has proposed legislation, called Shariat Nikahnama, that will give the same rights to men and women in marriage, including the right to divorce.
If the board has its way, a Muslim woman would be entitled to seek divorce if her husband was found having illicit relationship with another woman.The board has also rejected any divorce done through SMS, e-mail, phone as video conferencing, besides rejecting divorce done on provocation.
A Muslim woman can seek divorce if she is forced by her husband to indulge in unnatural sex. She can also seek divorce if her husband contracts AIDS.
"We have framed the new nikahnama strictly in accordance with the tenets of Islam, which clearly prohibit any kind of harassment or oppression of a married woman by her husband," said AIMWPLB president Shaista Amber.
It is about time.
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"Unnatural"? I know what this means in a Christian context--usually anything besides penis-in-vagina intercourse. So if he demands that she submit to anal or give him a blowjob then she can divorce him? How could such a thing be proven? I would be willing to bet that he gets the last word on it, in practice, whether or not they say specifically in the proposed law as to how it is proven.
Anyone know the specifics of the meaning of "unnatural" sex in Islam (or, let's be honest, the general interpretation of it)?
Well, not to sneeze at progress, but note that:
1. Husband has to consent when the wife wants a divorce
2. When the husband wants a divorce, the wife's consent is not necessary
3. The wife needs to show cause when asking for a divorce, the husband doesn't
4. Muslim personal law in India still allows a man to have four wives, and polygamy is NOT a grounds for the wife to seek divorce
"The board has also rejected any divorce done through SMS, e-mail, phone as video conferencing, besides rejecting divorce done on provocation."
I'd like to add that recently British law has been confused on phone marriage too. This case had to go all the way to the Court of Appeal:
http://news.bbc.co.uk/2/hi/uk_news/7304698.stm
"The Court of Appeal has ruled that a marriage recognised in Bangladesh under Sharia law is not legal in the UK.
"The 26-year-old British bridegroom had the mental capacity of a three-year-old and could not consent to the marriage, the court decided.
"His marriage with a woman in Bangladesh took place in August 2006 over a speaker phone..."
"Anyone know the specifics of the meaning of "unnatural" sex in Islam (or, let's be honest, the general interpretation of it)?"
Anal sex. i'm not sure how they would go about proving it.
i cannot comment on muslim india law, but i do know that when a husband wants to have a second wife he needs the permission of his first. if she says no he cannot marry. if he does, however, marry another woman behind her back, its grounds for divorce.
I just want to start off by saying that this is awesome!
However, does Indian Sharia law apply to ALL Muslims in India? What if a Muslim marries a Hindu or Christian or Sikh? Does their spouse have to adhere to Indian Sharia as well?
when a husband wants to have a second wife he needs the permission of his first. if she says no he cannot marry. if he does, however, marry another woman behind her back, its grounds for divorce.
this only applies if the woman had a marriage contract before the marriage was consummated. A woman has the right within Shari'a law to make a marriage contract that limits her husbands rights within the marriage, including rules about his ability to divorce her. However, this is rarely used because th vast majority of girls are discouraged from a religious education, so they are not aware that this is something that they can legally demand before marriage.
does Indian Sharia law apply to ALL Muslims in India?
Im not sure about India specifically, but in places like Lebanon and Jordan that have a population of mixed religious backgrounds there are different personal status laws depending on which religious community one is a part of,and different courts for the application of these different laws.
What if a Muslim marries a Hindu or Christian or Sikh? Does their spouse have to adhere to Indian Sharia as well?
That is dependent on gender as well. A Muslim man may marry a non-Muslim woman provided she is one of the "People of the Book" ie a Christian or a Jew, but a Muslim woman is supposedly preferable. A woman may only marry a Muslim if she wishes to continue to be a Muslim.
In countries where the religion is part of the legal system, with personal status being handled by the religious courts, there is no such thing as a civil marriage. Therefore, one or the other of the two really needs to convert in order to be legally married at all.