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Centre urged to enact law against triple talaq
27 Agosto 2017, 12:50 | Bibiana Flor
Centre urged to enact law against triple talaq
The Muslim women, who had filed the petitions, had challenged the practice of "triple talaq" in which the husband pronounces "talaq" thrice in one go, sometimes even by phone or a text message, to get divorce. "The triple talaq verdict expands the rights of our Muslim sisters and is not a religious matter".
Jamait clarified that they will never compromise on religious rights guaranteed in the constitution as fundamental one.
A large number of texts have been written in India on Muslim Law of Divorce but the present book outshines for elegantly touching not upon the subtleties but the surmount issues related to the topic. Just $5 a month.
The fact that the battle was fought and won by determined Muslim women themselves should help alter the narrative of the singular stereotype - the shadowy figure behind the burqa, illiterate, disempowered and left to fend for herself.
India was one of the few nations that permitted triple talaq, which does not constitute legal divorce in Pakistan or Bangladesh.
The verdict resonated across political lines. Challengers, like the NGO involved in the case, the Indian Muslim Women's Movement, say it leaves women destitute and contradicts the Quran, which states men and women are equal. "We express our deep concern over this verdict as it is against the Islamic Shariat", it said. "It has no place in a secular India", she said.
Minister of Law and Justice Ravi Shankar Prasad has said, "As of now, there is no need of introducing a new law". Religions including religious laws and rituals are anti-women.
Although religious fundamentalists always argue that Article 25 of the Constitution provides freedom of faith and the government can not create laws that violate it, the title of the Article is "freedom of conscience" and it is "subject to public order, morality and health". I was a bit dismayed though, with the minority verdict explicitly finding protection of this practice in the Constitution. In higher education, Muslims account for just 4.4% of all students despite making up 14% of the population. Law is not a great agent of social control and we must accept its limitations in bringing about social change.
With the Shia community veering increasingly towards the BJP, the RSS sees this as the proverbial "golden opportunity" to make inroads into the Muslim community.
Hours after the Supreme Court verdict on triple talaq as unconstitutional, a pregnant woman in Sardhana area in Meerut was allegedly given triple talaq by her husband.
She told that her family had informed her husband that the Supreme Court had banned the practice, but he did not yield. Already, the BJP spokespersons are reminding about the Rajiv Gandhi led Congress government's capitulation before the conservative Muslim leaders in the Shah Bano case, regarding alimony for divorced Muslim women during 1985-86, in contrast to their public support to this issue along with the BJP led central government's supporting affidavit in the case against triple talaq. "The rules for their education, employment and development must be clearly defined". While CJI JS Khehar and Justice Nazeer were in favour of retaining triple talaq, the remaining three members of the bench, Justices Joseph, Nariman, and Lalit tipped the scales, albeit for different reasons, against the practice.
The verdict of the Supreme Court is binding on all courts under Article 141 of the Indian Constitution.
"Muslim Law is our own personal law and it has nothing to do with any other community".
"Gender equality must permeate all aspects of civil law", says senior advocate Prabha Dalal. Men are always trying to suppress women.
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