Wednesday, April 13, 2011

An Appeal to add the legal rights of a Muslim Woman in the Constitution of India.












To,

The President,

Rashtrapati Bhavan

New. Delhi

India

Subject: An Appeal to add the legal rights of a Muslim Woman in the Constitution of India.

Respected Mam,

With immense pleasure I would like to introduce myself to you, I am Mrs. Shaista Ambar President of “All India Muslim Women Personal Law Board”. I have been working for the upliftment of the down Trodden, illiterate women of all religion, caste, creed and states. The condition of an Indian Muslim women in particular is being worsen by the so called ‘care takers of the Religion’ and its time that we should try to strengthen their position , status in the society by lending them what they truly deserve and have been deprived of enjoying their own rights mentioned clearly in their religious book The QURAN.

Islam is a code of laws revealed by God, through his Messenger, Muhammad, for the guidance of the whole of mankind. This guidance, what we may call Permanent Values, is fully preserved in the Book of God, known as the Qur'an. Further, Islam emphatically and confidently advances the claim that if life is led in full compliance with and in complete subordination to the Permanent Values, it will be rid of all the travails and troubles in which the entire world of the present day finds itself beset condemning humanity to a hellish life despite the wonderful and awe-inspiring material and scientific advancement.

Your Highness, all the Muslim Countries run their nation as per Islamic law in compliance with laws set by the World Parliament U.N.O.

But in our country India, the condition of almost 80 % of the Muslim Women are getting worsen, they are illiterate, unaware of their rights in the Qur’an , are being ill-treated by their husband , forcefully given them Talaaq , 3 times at a go which is against the Islamic law , we are not against any Religious head but we also know that they are not doing any efforts in improving the condition of these women. They are in such a pity condition that they cant even read and write , in the name of education they are just taught to read the HOLY QURAN in Arabic script which they do not understand , then how can they know their own rights as revealed in the holy book.

Firstly I personally think that when a Muslim girl is born she should be given the right over the property of her father as mentioned in the holy book.

Secondly, A girl should be given her right over education and choosing her career option , planning about her future by also maintaining the parameters and limits set by the Islamic laws.

Thirdly, She should be given the right to choose her life partner as per Islamic law , she should not forced to marry in her early teens or to marry a man who is 2 or 3 times older than her just because her parents cannot afford the Dowry.

Fourthly, She should be given right to get her MEHAR ( a compulsory gift from the husband at the time of Nikaah ) on time. Your highness I must inform you the common practice of the Mehar concept is that ,it is often considered as a burden by the Groom and it is expected from the Bride that she should declare in the first night, that she has forgiven the Mehar , most of the time it happens when the husband dies and the wife is expected to announce that she has forgiven the Mehar.

Mehar is a Gift from the husband at the time of Nikaah and it can be in the form of cash/ property /Jewellary etc which is based on the financial condition of the Groom as per Islamic Law.

Fifthly, The Details of TALAAQ is mentioned in the Qur’an in the following Verses –

Sur-e Baqar , Sur-e Nisa, Sur-e Talaaq. It has been stated that Nikaah and Talaaq is to be done among the witnesses, In the Talaaq it is important for a women to pass 3 menstrual cycles and Waite if the husband regrets his decision. This Condition is mandatory and is of utmost importance for the sake of the children’s future and the family’s happiness.

It has also been emphasized that they should seek help from their relatives, do counseling and try saving their marriage. Marriage is termed as the 50% completion of the Imaan or the belief in the religion, and its sanctity should not be affected so easily. But sadly there are men who take advantages, misguide women, throw them out of their houses and there are ‘Religious heads’ who join hands with these People and the Torture continues.

Sixthly, Talaaq is void when the wife is pregnant, after the child is born they should re consider their decision of getting separated.

Seventhly, Nikaah or Talaaq should not be performed through Mobile, Internet, SMS or e.mail . This is also considered void.

Eighthly, The right to take KHULA (Islamic right of a Muslim woman to live separately from her husband) is also a legal right given to Muslim women but most of the Muslim women are unaware of this. Khula can be taken by a woman if her husband ill treats her, beats her does not provide enough food , shelter and basic amenities, or he is mentally sick, has done another Nikaah without her permission, has been missing since many years or so. But this is also taken in the presence of few witnesses.

Ninthly, If the husband wants to get married twice or thrice he should have a valid reason to do so and he should tell that reason in front of the court or Qaazi . He should not get married without informing or taking permission from his wife. This would help the woman protect her life, secure it and live it happily while enjoying her rights too.

There are several examples in the society where Qaazi on request of a Husband issues a FATWA regarding a Talaaq , such kinds of Fatwa which goes against the Islamic laws should never be considered legal and people behind issuing it should be punished for misusing and misquoting the laws as prescribed in the Holy book. The innocent girls who are affected by these illegal Fatwa’s struggle all their life to get justice , even if they go to police station or family court , they are often refused for Justice by stating that they will stay out of this matter since it is based on Islamic Principles. Hence when they go to darul Qaza , they return hopeless from there too as they do not bother to listen both parties , they often issue FATWA or pass judgment only by hearing one party .

Following are the Key points that we would like to bring in your kind notice and hope to have strong actions from you considering you in such a powerful position.

  • Muslim Women should be given rights under the Constitution of India as according to the Islamic shariyat law .
  • The one who commits rape with a woman should be hanged to death as it’s the punishment prescribed under the Islamic law.
  • All the crimes committed against women should be registered under “Fast Track Court” and within a year judgment should be passed and her rights should be given.
  • All the Properties under the “waqf” should be rechecked and those people should be punished who have illegally acquired such properties. These lands should be used for the dependant, needy and poor women and a shelter house should be constructed for them.
  • There should be 50% Reservation for Women in Parliament and other judiciary Bodies.
  • All the Students who have studied in the Madarsa Board should also be given opportunity is entering other Universities, Colleges in order to acquire sound education.
  • Till the Islamic law is not compiled with the Constitution of India , a Female Mufti or an Alima should be appointed within the Judicial system for special cases to help the passing a good judgment under the light of Islamic Law.

This system should be changed and hence we seek help from the Constitution of India and a strong appeal regarding this to your Highness.

With a Strong hope

Yours truly,

Mrs. Shaista Ambar

Details of the Verses mentioned in Quran regarding some Important Issues

1

Nikah

Sure-An Nisa

Al-Araf

Rom

Verse no- (1)

19

189

21

Chapter no-

4

8

21

Names of the Translated version of the Holy Quran

2

Talaq

Sure-Talaq

Verse-

1-2-3-4-5-6-7-8-9

Chapter no-

28

Hazrat Maualna Shafiur Rahman’s Book

“Maruful Quran”

Sure-Baqar

226-227-228-229-230-231-232-233

2

Hazrat Maulana Seyyid. Ala Modudi’s Book

“Tafhimul Quran”

Sure-Nisa

1-13-19-20-32-35-40-42-64-112-128

4-5

Sure-Anfal

25-26

3

Mehar

Sure-Baqar

236-237

2

Hazrat Maulana Abdul Kerim Parikh’s “ Tashrihul Rah. Quran” ( English, Hindi, Urdu)

Mehar

Sure- An-Nisa

1-4-13-20-21

4

Mehar

Sure- An-Nisa

4

4

Mehar

Sure- An-Nisa

23-40-42-112

5

Mehar

Sure-Anfal

25-29

9

4

Property

Sure-Baqar

180-181-182-183

2

Hazrat Maulana Shaikh-ul-Islam Dr. Tahir-ul Qadri’s “Irfan-ul-Quran” (English,Urdu)

Sure- An-Nisa

2-3-5-6-7-8-9-10-11-12-14

4

Sure- An-Nisa

29-30-32-33-40-42-125

5

5

6

7

Khula

Maintenance

/Period of Iddat

(Permission

Given to the

Woman to raise and look after her child)

Remarriage

Sure-Baqar

29

2

Sure-Nisa

Sure-Anfal

42-128 to 130

25

5

9

Sure-Baqar

233-241-242

2-2

Sure-An-Nisa

13

4

39-40-41-125-129

5

Sure-Anfal

20-25

9

Sure-Baqar

234-235

9-2

Sure-An-Nisa

20-21-35

4-5

Sure-An-Nisa

128-129-130

5

Sure-Anfal

25-28-29

9


Tuesday, September 21, 2010

Waiting for the Verdict over "BABRI MASJID"

An Appeal for the Countrymen

In my research I
found that the land belongs to waqf committee and thus non Muslims
cannot be handed over this land , so by and large for the betterment
of the society it would be better to construct a Building there for
social causes like hospital, charitable houses, School etc.

An Honest appeal to fellow countrymen that a very crucial time is near
and this is the time a lot of people have been waiting for , including
us too. This is a testing time for our Patience and faith more than
that this is a testing time for our UNITY . We Follow Islam which says
"Love your Neighbors" , We Follow Islam which sates that the "
Sacrifice in the way of Allah will Serve you the Greatest Reward ",
Perhaps this is also the time to Prove to the world that We Follow
Islam which gives Importance to forgiveness over REVENGE , This is the
time to bury the Dark Past and Embrace the new Beginning , hug our
fellow Indian Brothers and Sisters and try our best to give a
beautiful tomorrow to our new Generation in stead of sorrow,
Disappointments ,hatred which we carried in our hearts for years.

Islam doesn't teach Muslims to take revenge from anyone. Yes, Islam
does command the Muslims to repel evil with good and to forgive and
forget, but Islam also on the other hand, prohibits the Muslims from
being hypocrites and it commands them to fight the aggressors in the
name of GOD Almighty. If you, for instance, come and slap me on the
face, then Islam commands me to forgive you. But if I find you, for
instance, hitting and hurting again and again, then Islam commands me
to fight you and stop you.

Whether people speak evil of you, in your presence or behind your
back, or they do evil to you in either of those ways, all is known to
Allah Almighty. It is not for you to punish. Your best course is not
to do evil in your turn, but to do what will best repel the evil. Two
evils do not make a good.

GOD COMMANDS FORGIVENESS NOT REVENGE

We did not create the heavens and earth and everything between them,
except with truth. The Hour is certainly coming, so forgive with fair
forbearance. (Quran, 15:85)

Those of you possessing affluence and ample wealth should not make
oaths that they will not give to their relatives and the very poor and
those who have made emigration in the way of God. They should rather
pardon and overlook. Would you not love God to forgive you? God is
Ever-Forgiving, Most Merciful. (Quran, 24:22)

Make allowances for people (Quran, 7:199)

A good action and a bad action are not the same. Repel the bad with
something better and, if there is enmity between you and someone else,
he will be like a bosom friend. (Quran 41:34)

The repayment of a bad action is one equivalent to it. But if someone
pardons and puts things right, his reward is with God. Certainly He
does not love wrongdoers. (Quran, 42:40)

those who give in times of both ease and hardship, those who control
their rage and pardon other people ? God loves the good-doers" (Quran,
3:134)

You will never cease to come upon some act of treachery on their part,
except for a few of them. Yet pardon them, and overlook. God loves
good-doers. (Quran, 5:13)

We have faith in the Indian Jurisdiction and we sincerely hope that
whatever the Decision would be it will do good to our society by and
Large. My earnest request to the Indian Jurisdiction is that kindly
allow the land to be used for a mighty cause for the development of
Indian Society in the form of either a School, Hospital, Charitable
house, for Military etc.
Thanks

Mrs. Shaista Ambar
President " All India Muslim Women Personal Law Board"
Lucknow, India
Website: www.muslimwomenpersonallaw.com

Friday, September 10, 2010

Eid Mubarak to all


Meri Janib se is mulk ke tama bashindon ko Eid ki puramn Mubarakbad, Allah ap sabhi ko is mulk ki taraqqi, khushhali aur kamyabi mein apna hunar aur farz ata karne ki taufeeq dey, Ameen!

Friday, June 18, 2010

Warren Anderson should be extradited in India

THE return of the Bhopal tragedy to the headlines especially in Indian media is no surprise. As someone who lived in Bhopal for a few years just after the gas tragedy, it hurts me more that anyone else. The only change is that the latest fuss is made over the “light punishment” meted out to those seven people “responsible for the tragedy,” the great escape of the much wanted white man, the need to extradite and punish the “mass murderer” to render justice to the victims.
Verbal lashing on the television with virtually everyone saying that justice is not done to the people and so on. All this noise is being made despite the fact that justice in India is delivered very late as courts here often take decades or even generations to pronounce judgments. Even in the so-called “fast track courts” it takes years for the final judgment to be pronounced. Add a few more years for the sentence to be executed and when this happens there are celebrations all around, hailing the Indian judicial system! Why it is that the recent Bhopal judgment has caused such a furor? Everyone seems to go with the gallery, baying for the blood of 90-year-old Warren Anderson who was the then CEO of now defunct Union Carbide Corporation (UCC). The sentencing of seven Indian employees to two years in prison after more that 25 years of tragedy caused by the UCC is being ridiculed to no end. We need to understand that industrial accidents have happened in the past and will continue to happen with or without people like Anderson at the helm. If any thing, Anderson should be appreciated for showing courage to be in India immediately after the accident and later doing all he could despite failures of the local administration on every front from organizing medical aid to disbursement of money during the years that passed by. India did not even provide emotional support of any kind to the victims. Today the focus seems to be more on the individuals who escaped and the “foreign company” rather than the painstakingly slow judicial system and corrupt and inefficient administration.
As far as compensation to victims of the tragedy is concerned, the case was settled “out of court.” There is no point in demanding extra money. Some middlemen in Bhopal must be licking their lips over possibility of more compensation by drawing parallels with the recent devastating oil spill in the Gulf of Mexico. The claims against the British energy major BP Plc. for the lives lost off the Louisiana coast could be mind-boggling sum by Indian standards. The prospect has made some people raise the racial case in India. It is not American life versus Indian life as made out by a few commentators. India accepted the settlement over the disaster that happened 25 years ago. The worst part is the demand made in some circles that Dow Chemicals, which has taken over Union Carbide, bear the liabilities to the tune of billions of rupees for clearing the ground of the toxic material. Why not make them pay higher compensation to victims, say a few activists. The company is vilified for its predecessor’s fault. These kinds of demands only make India a laughing stock at the international level.
The CEO or senior executives of the multinationals are easy targets especially if they are whites and Americans. The chairman and managing director (CMD) of Indian Petrochemicals Corporation Limited (IPCL — then a public sector organization but now part of Reliance Industries) remained unpunished for the deaths of 30 odd people when the gas cracker burst at Nagothane near Mumbai in November 1990. Again four people were killed at the same complex in June 2008. Did any one ask Mukesh Ambani — the CEO of the Reliance Industries — to be punished? Did we demand jailing of the CMD of Indian Oil (IOC) for fire tragedies in the past? Whether one heads a foreign company or Indian, CEOs cannot be held responsible for industrial disasters or even for accidents like the Mangalore plane crash.
At best the CEO of a company or the minister may offer to resign. He or she may even be asked to leave, citing “moral responsibility” which means little to victims. The CEOs should be judged on the basis of what they do after such disasters. I worked for 15 years in the hydrocarbon industry and would like to warn that safety is everyone’s responsibility — the companies which operate these units, the people who reside around such dangerous plants and the local administration. Everyone must know what to do in case of accidents and gas leakages.
No company on earth can give 100 percent safety guarantee regarding its operations. If some companies do, you believe them at your peril. The situation is far more complicated especially in chemical industries that play with fire and sometimes with human lives

Wednesday, May 12, 2010

On latest fatwa of Darul Uloom Deoband "Illegal for women to work, support family"

Dear All,
As I am on the bed and doctors has been advised me to rest for couple of day on the the latest fatwa from the so called "Fatwa Institution" Darul Uloom Deoband that "Illegal for Women to work to support family" is totally against the women's rights in Islam and ultimately I criticized the Deoband fatwa as a retrograde restriction on Muslim women.
I would like to ask one question from Darul Uloom Deoband's Ulema in the light of Shariyaa "When a male member of a family died and there is no other source of income for that family then who will care that family? Whether Darul Uloom Deoband or any Ulema of Darul Uloom Deoband? " This fatwa is shall display a totally reverse image of Islam indeed.
Even the most conservative Islamic countries, which restrict activities of women, including preventing them from driving, do not bar women from working. At the peak of its power, the Taliban only barred women in professions like medicine from treating men and vice versa. But there was a never a blanket ban on working, although the mullahs made it amply clear that they would like to see the women confined to homes.
If a woman has to go for a job, she must make sure that the Sharia restrictions are not compromised," I also would like to tell the example of Iran, where Muslim women work in offices but have separate seating areas, away from their male counterparts.
Name one Islamic country which does not have a national airline and does not hire airhostesses? If I know correctly, even the Saudi Airlines has hostesses and they don't wear a veil.
This is enaough to say regarding the aforesaid Fatwa.

Monday, April 12, 2010

Welcome to my Official Blog

Assalam Alaikum

This is official blog of Shaista Ambar, President of All India Muslim Women`s Personal Law Board, you can share your comments, views and suggestions on this blog regarding any social, personal, religious and political issues, any time round the clock, I will try to give my full cooperation and support with naural law and justice.

Thanks and Regards!!

Shaista Ambar

President

All India Muslim Women`s Personal Law Board