Wednesday, July 10, 2019

In India, a Hindu wife cannot inherit from a Muslim husband

When, in India, a Hindu woman marries a Muslim man,

the marriage of a Hindu female with a Muslim male is not a regular or valid (sahih) marriage, but merely an irregular (fasid) marriage.
Thus has the Supreme Court of India ruled, January 22 of this year.  The Court further notes that "the legal effect of a fasid marriage is that" the wife "is not entitled to inherit the properties of the husband".

The Supreme Court judgement is available here (Google Drive Link, hope it works).

The only proponents for the Uniform Civil Code that the Directive Principles of the Indian Constitution call for, are the so-called Hindu nationalists.   The so-called secularists don't want to fix these kinds of problems.

PS: Until this problem is fixed, anyone who finds inter-religious marriages of Hindu women with Muslim men to be acceptable has to be termed as a anti-Hindu misogynist.




Comments (2)

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Based on this and other things you have written, I don't think India's lawmakers and courts are doing a very good job of implementing the principles in the Constitution.

I consider them good principles. They ought to be tried.
1 reply · active 299 weeks ago
LOL! There are all kinds of problems, ranging from conceptual to political to the structure of the Constitution itself. Some amendments are needed.

Quote:

""As Derrett says in his book on Hindu law, "We find the Hindus to be as diverse in race, psychology, habitat, employment and way of life as any collection of human beings that might be gathered from the ends of the earth.""

This is from a reasonable looking Wiki article, though it seems to be based on a single source. https://en.wikipedia.org/wiki/Hindu_code_bills

That article is worth reading to get some context of how India go to where it is now.

Many of today's problems stem from the fact that the law reform effort basically ended with the Hindus. The Muslim community doesn't do much to help itself either. While the translated excerpts of this cannot do justice to the interview, do try it. http://arunsmusings.blogspot.com/2019/06/blog-pos...
Arif Muhammad Khan is a rare type unfortunately.

PS: Remember that Tamil Nadu Commissioner sending a circular that the temples should organize yajnas for rain? Why are all the temples in Tamil Nadu bound under one government body? That in itself is damaging to Hindu diversity. (Some, many?) Hindus see value in their own diversity like a biologist sees diversity in an ecology. Reducing that diversity is a negative value. Already much Hindu diversity has been lost with Hindus being driven out of Afghanistan, all the parts of Pakistan, and much of Bangladesh. Not to mention in India itself, driven out of the Valley of Kashmir. This is at the root of much Hindu rage and fear. It is not at all like, e.g., the size of the Catholic Church's flock. It is more like - there were fifty two species of finch and now there are only twenty left. By depriving Hindus of the autonomy that the Constitution grants India's "minorities", yet more Hindu diversity is on the chopping block.

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