Muslim Women Rights Day [1] | |
---|---|
Observed by | India |
Type | National |
Significance | To commemorate the enactment of the law against Triple talaq in India |
Date | 1 August |
Frequency | Annual |
Related to | The Muslim Women (Protection of Rights on Marriage) Act, 2019 |
The Muslim Women Rights Day is observed across the country on 1 August, to celebrate the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019 which prohibits the practice of Triple talaq in India. [2] [3]
The legislation classifying triple talaq as a criminal offence came into effect on 1 August 2019. The practice of triple talaq was prohibited and Muslim couples were mandated to get divorced as per the Indian Penal Code and not the Sharia Law. The first Muslim Women Rights Day was observed on 1 August 2020 across the country. [4]
The Minister of Minority Affairs, Mukhtar Abbas Naqvi said that the Government aims to celebrate the "self-reliance, self-respect and self-confidence" of the Muslim women of the country and protected their constitutional, fundamental and democratic rights. [5]
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The Uniform Civil Code is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion. Currently, personal laws of various communities are governed by their religious scriptures. Implementation of a uniform civil code across the nation is pursued by India's ruling Bharatiya Janata Party. Personal laws cover marriage, divorce, inheritance, adoption and maintenance. While articles 25-28 of the Indian Constitution guarantee religious freedom to Indian citizens and allow religious groups to maintain their own affairs, article 44 expects the Indian state to apply directive principles and common law for all Indian citizens while formulating national policies.
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Nikah halala, also known as tahleel marriage, is a practice in which a woman, after being divorced by triple talaq, marries another man, consummates the marriage, and gets divorced again in order to be able to remarry her former husband. Nikah means marriage and halala means to make something halal, or permissible. This form of marriage is haram (forbidden) according to the hadith of Islamic prophet Muhammad. Nikah halala is practiced by a small minority of Muslims, mainly in countries that recognise the triple talaq.
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All the Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims. The Dissolution of Muslim Marriages Act, 1939 deals with the circumstances in which Muslim women can obtain divorce and rights of Muslim women who have been divorced by their husbands and to provide for related matters. These laws are not applicable in the state of Goa, where Goa civil code is applicable for all persons irrespective of religion. These laws are not applicable to Indians, including Muslims, who married under the Special Marriage Act, 1954.
The Muslim Women Act, 2019 is an Act of the Parliament of India criminalising triple talaq. In August 2017, the Supreme Court of India declared triple talaq, which enables Muslim men to instantly divorce their wives, to be unconstitutional. The minority opinion suggested the Parliament to consider appropriate legislation governing triple talaq in the Muslim community.
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