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Essay / Case Study Analysis: Shah Bano Begum v Mohammad Ahmad Khan especially from the perspective of the Muslim community. It dealt with the extremely sophisticated issue of “Triple Talaq”. It tells the story of a courageous woman named Shah Bano who fought against her community and for justice. She performed exemplary against her rigid community. It can be argued that she got justice late, but no one can deny the fact that she changed the system forever. Say no to plagiarism. Get a tailor-made essay on “Why Violent Video Games Should Not Be Banned”? Get an original essay First of all, what is Triple Talaq? Triple Talaq is a method used by Muslim men to obtain an instant divorce. All he has to do is say the word talaq 3 times, either orally or in writing. Electronic media will also do the trick. So, if a husband sends 3 WhatsApp SMS messages to his wife indicating talaq, then the divorce is done! As unfair as it may seem, it is written in the Quran, the ultimate book followed by all Muslims around the world. Timeline 1932: Shah Bano was married to Mohammad Ahmad Khan. Later, Shah Bano became a mother of 3 sons and 2 daughters. 1946: Mohammad Ahmad Khan marries another woman (As far as Muslim law is concerned, a man is allowed to have up to four wives. However, a woman cannot have more than one husband). He lived for years with two women, then he kicked Shah Bano and his 5 children out of his house. She was then 62 years old. Apparently, he promised to pay her alimony of Rs 200. April 1978: Shah Bano raises his voice against this injustice in a local court in Indore and she is entitled to alimony of Rs 500 per month. November 1978: Mohammad Ahmad Khan said the word Talaq 3 times to get rid of his wife and escape these maintenance costs. Now, it was no longer obligatory for him to pay Rs 500 per month since Shah Bano was no longer his wife. He only needs to pay a total amount of Rs 5,400 according to Islamic law. August 1979: The local court ordered Mr Khan to pay an amount of Rs 25 per month as maintenance. July 1980: On the further application of Shah Bano, the MP High Court ordered Khan to pay an amount of Rs 179.20 per month. Mr Khan was of course not happy with the verdict and approached the Supreme Court stating that Shah Bano was no longer his wife and therefore no longer his responsibility under Islamic law. maintenance of wives, children and parents is applicable or not. Whether or not the Uniform Civil Code is applicable to all religions. Judgment of the Supreme Court: On February 3, 1981, the Hon'ble Supreme Court of India passed a judgment in favor of Shah Bano. It was a unanimous decision. The Supreme Court held that Article 125 applied to all Indian citizens, irrespective of their religion, caste or creed. According to the Supreme Court, Muslim personal law was unjust to the extent that the wife is not able to support herself economically. Thus, after a long procedure, the court concluded that the husband is not required to pay alimony to his wife if she is capable of managing herself economically. However, if she is not competent, her husband cannot refuse her interview. Community Response: As expected, the verdict sparked several protests from the Muslim community. The Indian press made it a national issue. Their religious leaders led them to believe as a threat to theirpersonal rights and their exploitation of the right to religion. After all, the verdict was against the preaching of the Quran. This protest was led by All India Muslim Personal Law, an organization established to protect Muslim personal law. Overturning the judgment: General elections were held in 1984. Rajiv Gandhi won the election by an absolute majority, winning 414 seats out of 533. Many Congress leaders informed Prime Minister Rajiv Gandhi that if they did not did not overturn the Supreme Court verdict, they could face serious consequences in the next elections. After all, the Muslim vote bank has always been one of the pillars of the Indian National Congress's stellar dominance. They referred to the Muslim Women's Protection Act in 1986, which mandated maintenance of divorced women only up to the 90-day period or up to the iddat period. This was remarkably contrary to Article 125. That is why the judgment passed by the Supreme Court was governed by this law. Reactions to the law: This time, the law has received several criticisms from many sectors of society. The All India Democratic Women's Association (AIDWA) opposed the law. The BJP called it a “violation of the sanctity of the highest court of the land”. Makarand Paranjape saw it as a non-secular activity. Critics have said that divorce can be considered under personal law, but not alimony. This is one of the fundamental rights of a divorced woman. It is indeed discriminatory to exclude Muslim women from civil law. Consequences: On August 22, 2017, a panel of 5 judges reviewed the triple talaq law. Of the 5 judges, 3 of them found the law unconstitutional. Two others were of the opinion that it is constitutional, but that the government should enact the law to prohibit it. The BJP government led by Prime Minister Modi formed a bill titled The Muslim Women Protection Bill 2017 and presented it in Parliament. It was finally passed in late December 2017. This bill not only makes triple talaq invalid, but also illegal. The husband who gives triple talaq can be sentenced to imprisonment up to 3 years. Few parties like AIADMK, BJD, AIML and AIMIM opposed the bill, calling it a flawed proposal. However, the leader of the opposition, the Indian National Congress, was in favor of the bill. This practice has also been opposed by Muslim liberals and Hindu nationalists. Critical Analysis Because of Mohd. Ahmad Khan v Shah Bano Begum, the Supreme Court particularly emphasized that Triple Talaq cannot take away the right of maintenance from a separated Muslim woman who is not able to support herself or her children when she is abandoned. or separated by their significant other. At the time the decision in the Shah Bano case was passed by the Supreme Court, it faced considerable opposition. At that time, Muslim women, whether married or single, did not have the opportunity to do so. They have even been suspended from their basic freedoms, which is against humanity and essentially disregards a person's essential or fundamental rights. Muslim women were in a backward status compared to other women in the world. They were not well educated and independent compared to other women. They faced major problems which led to a decrease in their self-confidence level and knowledge in various sectors. Along with this, they were not allowed to educate themselves or themselves and they were also prohibited from working. Since they were faced with all these things.
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