&w=3840&q=100)
Muslim man can't be charged for bigamy under Mohammedan law: Allahabad HC
The Allahabad High Court on Wednesday ruled that a Muslim man cannot be charged with the offence of bigamy (marrying one person while being legally married to another) if his marriage was conducted under Mohammedan law.
A single bench of Justice Arun Kumar Singh Deshwal ruled that a Muslim man can be charged with the offence of bigamy if the first marriage was conducted under the Special Marriage Act, Foreign Marriage Act, Christian Marriage Act, Parsi Marriage and Divorce Act, or the Hindu Marriage Act, and the second marriage is performed under Mohammedan law after converting to Islam, according to Bar and Bench.
He made these remarks while hearing a plea to quash the chargesheet, cognisance and summons ordered against a man, Furkan, issued by a court in Moradabad. The case pertains to when a woman filed a complaint against Furkan, alleging that when she married him, he was already married, and it was not disclosed to her. However, the petitioner argued that the law allows him to marry up to four times.
According to an NDTV report, the woman also alleged that she was raped by Furkan. However, his counsel in the Moradabad court argued that the woman admitted to marrying Furkan after having a relationship with him.
The court also shed light on polygamy and stressed that the Quran allows it for a fair reason; however, men have used it for selfish reasons. Justice Deshwal further added, "There was a time in history when a large number of women were widowed, and children were orphaned in primitive tribal tussles in Arabs. The Muslims suffered heavy casualties in defending the nascent Islamic community in Medina. It was under such circumstances that the Quran allowed conditional polygamy to protect orphans and their mothers from exploitation."
The court further clarified that polygamy mentioned in the Quran is conditional. It said, "It is clear that the Quran asks men first to consider taking care of the orphans and only when they think they may not be able to do justice to the orphans' interests while staying in isolation, should they consider marrying their widowed mothers, on the condition that the new family would be dealt with justly on par with the existing one."
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
19 minutes ago
- Time of India
Kashmir parties condemn Israel's attack on Iran
File photo: J&K CM Omar Abdullah (Picture credit: ANI) SRINAGAR: Political parties in Kashmir, including the governing National Conference, condemned Israel's attack on Iran on Friday, saying 'the silence of influential countries like the US on this issue is alarming'. J&K CM Omar Abdullah said Iran had not provoked Israel in any manner to justify its offensive and this amounted to waging war against another nation. 'What Israel has done is very similar to what Russia did in Ukraine,' he told reporters here. 'The world raised its voice against Russia and launched campaigns condemning its actions. But when Israel attacks Iran, global powers, including the US and European countries, remain silent. If it is wrong for one country to invade another in Russia's case, then it is equally unjustified for Israel to attack Iran,' he said. Omar said there would be immediate repercussions of the attack. 'It affects our fuel prices, impacts the stock market, disrupts flight routes to the West, and more importantly, it stirs public sentiment.' Slamming Israel, NC MP Aga Ruhullah said: 'Iran, like any sovereign nation, now has every right to defend itself and take full, punishing revenge. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Switch to UnionBank Rewards Card UnionBank Credit Card Apply Now Undo The Zionist regime should pay for its crimes in Gaza, for its bloodlust, for its massacres.' PDP president Mehbooba Mufti wrote on X that Israel's attack is yet another brazen act by a state that 'appears to have gone rogue'. 'The silence of the global community, particularly western powers led by the United States, is both alarming and telling. This silence amounts to tacit approval. In the case of India-Pakistan tensions, the US never fails to assert that its intervention has been crucial in preventing escalation. Yet, when it comes to Israel's relentless bombardment of Gaza or its latest strike on Iran, that same urgency is conspicuously missing,' Mehbooba said. She said equally disturbing is the 'deafening silence of the so-called Muslim countries, who remain shamelessly non-existent in the face of such grave injustice'. People's Conference's Imran Reza Ansari said the 'calculated act of aggression of Israel is not merely a political provocation but an assault on the very ideals of justice, sovereignty, and intellectual resistance'.
Time of India
34 minutes ago
- Time of India
UK: Three British Hindus beaten up in London park in racially motivated attack
This is an AI-generated image, used for representational purposes only LONDON: Three British Hindu men were asked their ethnicity in a London park and, when they replied they were Indian and Sri Lankan, were viciously beaten up in an unprovoked attack by three older men who appeared to be Muslim, it has emerged. Two of the men suffered blows to the head and were left unconscious; all had to go to Northwick Park Hospital. They have all been left with cuts and bruises and two have been left with facial fractures. Tory MP Bob Blackman raised the case in the House of Commons on Thursday, describing it as 'religious hatred.' TOI has now tracked down the sister of one of the men, a British Indian Gujarati Hindu, aged 20, a first-year university student studying radiography. It turns out he had gone to Harrow Recreation Ground with two friends on May 30 to play cricket. The friends are British Hindus of Sri Lankan descent, aged 20 and 21. The three of them went to a shop at 6 pm, walking past a café where a group of around eight people were seated. It appeared to be a Muslim family, with some of the women wearing hijabs. They looked back at their other friends playing cricket when one of the men outside the café got up and confronted the three Hindus and asked them why they were looking at his family, his sister told TOI. They replied that they were not looking at his family and were looking at friends playing cricket. Then a slightly older man from the café group came over and asked: 'What is your problem? Why are you talking to my brother?' The three men tried to defuse the situation and the two men seemed to accept their answer. They went back to the park and sat on a bench. Around 30 minutes later, three men from the cafe group, in their mid to late 20s, came over and became very aggressive, asking, 'Where are you from? Are you Sri Lankan? Are you Indian?' To which one of the Sri Lankan-origin men replied: 'Yes, we are.' The three men then beat them up relentlessly, punching and kicking them until the British Indian and his friend were left lying unconscious on the ground, the sister said. 'My brother was wearing a sacred thread from a mandir on his wrist,' the sister said. One of the attackers was wearing a Moroccan football T-shirt with the number 2 and the word 'Hakimi'. Police and ambulances arrived and the British Indian was taken to the hospital. The other two had to make their own way there. 'My brother is struggling. He feels as if people are looking at him and is ashamed to step out of the house. He has never been involved in a fight before,' the sister told TOI on Friday. 'He has just done his first-year exams and was meant to resume his two-week clinical placement the week after the attack and that has been put on hold.' She also said she was unhappy with how the police investigation was progressing, as two weeks later, they still had not examined CCTV footage. The Met Police told TOI they were called to deal with a 'fight' and one man was taken to hospital 'with a head injury'. 'There is no evidence at this time that this attack was racially motivated. Our enquiries into the circumstances continue. No arrests have been made,' a spokesperson said.
Time of India
an hour ago
- Time of India
Assam govt orders shoot-on-sight order to quell communal tension in Dhubri
1 2 Guwahati: Faced with communal tension in border town Dhubri and provocative posters on integration of Dhubri district with Bangladesh appearing, the Assam govt on Friday issued shoot-at- sight orders. The govt is also rushing in Rapid Action Force (RAF) and CRPF personnel in the district after mob clashes ensued over objectionable objects being found near a place of worship. Chief minister Himanta Biswa Sarma who visited the district on Friday said that at least three posters were retrieved by police at Dhubri which were pasted at various locations by one organization "Nabin Bangla." "Since last one week the law and order at Dhubri has been challenging. A communal group is trying to create disturbances which the government will not tolerate," Sarma said. Sarma later posted on X, "I visited Dhubri and directed law enforcement officers to follow zero tolerance against elements who desecrate….." places of worship. "In Dhubri, a particular group has become active with the intent to damage our temples. We have issued SHOOT AT SIGHT ORDERS," Himanta wrote. A day after Bakrid on June 7, an animal part was found in front of a place of worship, following which both Hindus and Muslims appealed for peace and harmony. The next day again the incident was repeated, and stones were thrown at night, Sarma added. Sarma said that for Bakrid, thousands of cattle were brought from West Bengal by a 'new beef mafia' in Dhubri. "I have ordered an inquiry into this. I have directed the authorities to arrest who has started this cattle trade,' Sarma said. He said that next year, he will be present at Dhubri on the day of Eid and stay the next day as well. "We are fully committed to ensure enforcement of law and order in the district and defeat all communal forces," he added. Dhubri district has the highest Muslim population in the entire state constituting 90 percent of the district's total population, majority of whom are believed to be of Bangladeshi origin. It has become a flashpoint for Assam's socio-political dynamics. Follow more information on Air India plane crash in Ahmedabad here . Get real-time live updates on rescue operations and check full list of passengers onboard AI 171 .
