Triple Talaq

ban is not a government initiative. It’s the result of years of struggle of Muslim women activists.

In Islam, Talaq is the most detestable of all lawful things but it is permitted by Shariah. When the marriage has broken down and living no hope of further reconciliation, the best thing is to divorce the party. But the ulema and other mulla have misguided the muslim without giving the correct knowledge of laws mentioned in the Islam. Ignorance and anger are the primary causes of impulsive and unintentional divorce.

In Islam, Talaq is the sole propriety of husband. A woman cant issue talaq. But once husband issued talaq, it is binding and wife has no choice.

The power of a Muslim husband to divorce wife without assigning any reason at only his desire, even in a state of intoxication, and without assent to the court, even in the absence of wife, is recognized. The only necessary is , husband should pronounce talaq. How, when,where he does it or in what he does it is not very essential.

Islam has three forms of talaq: Ahsan, Hasan and Talaq-e-Biddat. Ahsan and Hasan are revocable. Biddat is irrevocable. Talaq-e-biddat is a malpractice where a Muslim man can give instant divorce to his wife by saying simply “talaq” three times in one sitting, and the marriage is dissolved instantly.

In irrevocable divorce the couple can remarry only after the fulfillment of Halala. A practice in which a divorced woman marries another Muslim man and having sexual intercourse and then if gets divorce from the second husband after a certain period before remarrying her ex-husband. Although Halala is a Rape under section 375 of the IPC.

The inhuman Shariat law ruined the lives of thousands of innocent Muslim women. Muslims say that instant triple talaq is not recognized by Islam. If that were so, why did they don’t oppose its abolition in the Supreme Court? ….These are not double standards and not the hypocrisy ?

The cases of triple talaq have increased rapidly in now a days. Men are not held responsible and accountable as it is legal, and women who are financially dependent are left helpless and emotionally broken. These ‘abandoned women’ do not receive maintenance, they are often left alone, bagging for themselves and their children.  Too many Muslim women live in constant fear of displeasing their husbands lest they pronounce those three dreadful words out of anger and make their lives fall apart.

It is wrong to see marriage as a contract as it undermines the bonding and selfless love that spouse feel towards each other. Seeing marriage as a contract is patriarchal in its approach and thus needs to be removed for ensuring equality.

Reforms need to be initiated for all religions through awareness generation and creation of civil movements demanding social reforms. These need to be coupled with Laws and their strict implementation. This will uphold Constitutional morality.

Constitutional and legal issue:

• It goes against rights of equality, Constitutional principles of gender equality, secularism, right to life of dignity and women’s empowerment. It propagates the dominance of men over women.
• According to a study, 92% of Muslim women in India wanted the triple talaq to be banned.
• It gave men the right to arbitrarily divorce their wives without any valid reason.
• New-age technology has given birth to new modes of triple talaq such as through skype, text messages and email.
• Many Islamic countries have outlawed this practice. There is no reason for a democratic and secular India to continue this idiotic practice.
• The constitution of the country says that it shall strive to bring a uniform civil code under article 44 DPSP(Directive principle of state policy)for the entire country. Abolition of triple talaq will definitely be a step closer to the constitution-makers’ dream of having a uniform civil code for all citizens.
• National Commission of Women says it should be banned in order to protect the interests of Muslim women.
• The Supreme Court has also declared that this practice is unconstitutional and not protected by Article 25 which regards the freedom of religion.
• Only the essential or integral features and aspects of a religion are protected by the Constitution. Triple talaq was not an integral feature of Islam.

What’s Ahead…

The right to religion i.e. Religious Freedom provided under Article 25 of the Constitution itself starts with the words, “Subject to public order, morality and health” which makes it clear that right to religion is not absolute but conditioned on the above said premises. Since, Triple talaq, halala and Polygamy is seen as injurious to morality and women health. It should be regulated by the legislature.

In Past, practices like Sati, Untouchability, Devadasi system have been abolished by imposing law from above. Thus, there is nothing wrong by imposition of law to reform personal laws and thus to help personal laws to keep up with the changing times.

Supreme Court in 2014 case gave the concept of Constitutional morality which states that, “Constitution of India is a living instrument, and the principle of constitutional morality, essentially means, to bow down to the norms of the Constitution, and to not act  in a manner, which is arbitrary or violation of the law, since commitment to the Constitution is a facet of Constitutional morality”. Thus, personal laws in violation to the Constitutional morality should be expunged out.

Education can be utilized for creating awareness amongst children who are the flag-bearers of our nation’s future. Also, it is proved that children help in changing bad habits of their parents and relatives.

Personal laws of any community cannot claim supremacy over the rights granted to individuals by the Constitution.

ALSO READ: | Crime against Child |  Child death in Bihar | 

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