The
All-India Muslim Personal Law Board has been mulishly opposed to abolishing
triple talaq, which is a procedure a Muslim adopts to divorce his wife by
pronouncing talaq three times in one sitting. Most recently, the AIMPLB has
expressed disquiet over a petition requesting the Supreme Court to determine
the constitutional validity of triple talaq.
Now we must know what their holy
Quran say:
2: 229- If a man divorces his wife the second time, he can either marry her
again or leave her in good terms. The man cannot ask his divorces wife her mahr
back. If a woman divorces her husband, then the wife can give back her Mahr to
the divorced husband.
2:230- If a man divorces his wife the third time, he CANNOT marry her again
(because marriage is not a joke that a man just keeps divorcing and remarrying
his wife again and again). If the wife marries a second husband after divorce,
and the second husband divorces her, only then can the first husband marry her
again.
A man saying
'talaq, talaq, talaq' is not the Islamic way of doing Talaq. Because unless the
woman has passed her Iddat period (3 menstrual cycles) the man and woman can
still come back, and the talaq will be considered NULL.
Now the
procedure:
1. A man divorces first time, then the wife and the man separate their ways. The woman spends her Iddat period (approx 3-4 months). And after the 3-4 months, the man and woman remarry second time.
2. A man divorces second time, then the wife and the man separate their ways. The woman spends her Iddat period (approx 3-4 months). And after the 3-4 months, the man and woman remarry third time.
3. A man divorces third time, then the wife and the man separate their ways. The woman spends her Iddat period (approx 3-4 months). And after the 3-4 months, the man and woman CANNOT remarry again, unless the woman is married to another man, and the other man divorces her, and only then the first husband can marry.
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If Pakistan
and 21 other countries have abolished triple talaq, why can't India? We are
the world’s largest republic where each citizen has equal and inalienable
rights. We have 180 million Muslim Indians, and they have to be taken on board
for any decision that affects them. There was resistance from less educated
Muslims because their religious leaders told them that the drops were
especially bio-engineered to make them infertile, and thus lead to reduction in
their population numbers.
Some
famous cases regarding triple talaq:
Mohd.
Ahmed Khan v. Shah Bano Begum, commonly referred to as the Shah
Bano case, was a controversial maintenance lawsuit in India. Shah Bano, a
62-year-old Muslim mother of five from Indore, Madhya Pradesh, was divorced by
her husband in 1978. She filed a criminal suit in the Supreme Court of India,
in which she won the right to alimony from her husband. However, she was
subsequently denied the alimony when the Indian Parliament reversed the
judgement under pressure from Islamic orthodoxy. The judgement in favour of the
woman in this case evoked criticisms among Muslims some of whom cited Qur'an to
show that the judgement was in conflict with Islamic law. It triggered controversy about the extent
of having different civil codes for different religions, especially for Muslims
in India. This case caused the Congress government, with its absolute majority,
to pass the Muslim Women (Protection of
Rights on Divorce) Act, 1986 which diluted the judgment of the Supreme
Court and restricted the right of Muslim divorcées to alimony from their former
husbands for only 90 days after the divorce (the period of Iddah in Islamic
Law).
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Shayara Bano case:
Shayara
Bano – a sociology postgraduate and a mother of two – appealed that triple
talaq be declared unconstitutional when her husband ended their 15-year-old
marriage by sending her a letter with the word talaq written on it thrice. This
was because her family could not give them 4-wheeler and in 1st two
years of marriage she could not bear child due to multiple abortions.
Political Changes
Muslims in India will respect the Supreme Court
verdict on triple talaq but quashing it will not stop the community from
adhering to the Muslim Personal Law, Jamiat
Ulema-i-Hind (JUH) leader and senior Islamic theologian Maulana Arshad
Madani has said. “People are free to
seek remedial measures from the court. Similarly, others are equally free to be
guided by the Personal Law within their household and in their personal lives,”
said Madani, reacting to the recent observations of the Allahabad High Court, which
termed the practice as “unconstitutional” and “against the spirit of the Holy Quran.” The issue is pending in the
Supreme Court, where the NDA government has filed an affidavit opposing the
practice.
In my opinion triple talaq disrupts the life of a woman.
In this present scenario of gender equality men and women both are equal. But
in triple talaq only husband makes the call three times and thrice the women
gives her life. She might be bearing children’s whose future are in trouble.
She can earn only or take care of her children. Courts can get her alimony and
properties but not the life the woman wants to spend with her husband under one
roof. The decision of divorce must be mutual and not under any pressure. I
think that will be the happy ending of “TALAQ, TALAQ, TALAQ”.
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About the Author:
Tanmoy is from West Bengal currently doing private job in Manesar, Haryana. He did his Graduation in B.E. Production Engineering from PEC University of Technology, Chandigarh. His aim is to become an officer in Indian Army. His hobbies are gym and teaching and he wants to help the aspirants across the nation through this.
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