A Muslim woman resident of Uttar Pradesh has reportedly claimed that her family has been histile towards her as she had voted for the Bharatiya Janata Party (BJP), in the recent Assembly elections. The woman, identified as Uzma in a report by the Hindustan, has claimed that her angry in-laws beat her and threw her out of the house.

She added that she was also threatened with divorced accused her in-laws of also threatening to kill her brother if he complained to the police. 

Uzma, identified in the report as the daughter of Tahir Ansari, resident of Ejaz Nagar Gautia, was married in January 2021 to one Taslim Ansari. The couple is from the same area and reportedly had a love marriage.

After she cast her vote recently, Uzma reportedly told her in-laws that she had voted for the BJP. According to the news report, the family, especially her brother-in-law Arif and uncle were enraged, and allegedly assaulted her. They also allegedly threatened her that her husband will “divorce her”. According to the news report, her father Tahir Ansari is a labourer and after his “daughter was kicked out of the house by her in-laws” has sought help from the police. 

Maulana Shahabuddin Razvi, National General Secretary of Tanzeem Ulama-e-Islam told the media that voting is a constitutional right and a person can vote for a candidate of their own choice. He added that if the woman’s in-laws or husband are threatening to divorce her because she voted for BJP, then they were guilty in the eyes of the Islamic laws as well.

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The post Post Poll Watch: Muslim woman allegedly threatened with triple-talaq after voting for BJP appeared first on SabrangIndia.

The Bharatiya Janata Party celebrated the completion of the second term of its government at the Centre on May 30 and it recounted all its victories, including the passing of the Triple Talaq Bill, with a caricature.

तीन तलाक को हमेशा के लिए तलाक। #1YearOfModi2 pic.twitter.com/ZCL2Llg0Yl

— BJP (@BJP4India) May 31, 2020

However, this did not go down well with minority groups as the caricature was found to be in poor taste. In light of this, Athar Hussain, Director of the Centre for Objective Research and Development (CORD) issued a statement which said, “India’s ruling party cannot draw better depiction through caricature of Indian Muslims which they tweeted with a cartoon today, because this is what they believe ideologically. When this cartoon comes through the tweet of India’s ruling party’s official handle we have to realise that this is how the ruling party of the world’s largest democracy, that is India draws a caricature of Indian Muslims. This is a highly condemnable depiction through caricature by any standards of democracy and decency in politics, to depict fellow countrymen by the people who govern the country and have responsibility to not let sensibility of any fellow countrymen be hurt on the basis of what clothes they wear and what physical appearance they have.”

In his statement, Hussain also said that he was not against ending the triple talaq practice which he personally believed was not as per Quranic interpretation. However, he stated, “I condemn criminalisation of this and further demonising Islam as a religion through its public discourse only with the purpose of addressing to a particular party’s vote bank, this cartoon proves that. Through their action or dereliction it is known that they seem to be not at all concerned about the plight of Muslim women as such, their sole idea was to demonise the Muslim community as a whole. If their concern was genuine then so many incidents of hate against Muslim men who have mothers, daughters and wives would not have gone unpunished by the system which delivers justice.”

Concluding his statement, Hussain said, “I fail to comprehend the character and the compulsions of those who even after seeing this caricature will still believe that this govt. has commitment for the slogan “Sab ka saath,Sab ka vikas aur Sab ka Vishwaas.”

The Supreme Court had declared the ‘triple talaq’ practice which allowed a husband to divorce his wife by repeating the word ‘talaq’ (divorce) three times verbally or in a written form, including electronic means, unconstitutional in 2017. The Triple Talaq Bill was passed by the Rajya Sabha on July 30, 2019 and called for the practice of triple talaq to be criminalized, declaring it to be a cognizable, non-bailable office with an imprisonment of upto three years along with fine and allowing the accused to be arrested without a warrant. The Triple Talaq bill was challenged in the Delhi High Court and the Supreme Court. In November 2019, a bench headed by Justice NV Ramana sought a response from the Centre on a plea submitted by the All India Muslim Personal Law Board challenging the law. 

Related:

Indian Muslims’ position being ‘undermined’ by new nationalism gripping the country

Triple Talaq Bill: Shame on the personal law board

The post Triple Talaq cartoon depicts BJP’s ideology; draws caricature of Indian Muslims: CORD appeared first on SabrangIndia.

It is high time to ask an inconvenient question: Who has led to this isolation? Who has been shamed most?

The post Triple Talaq Bill: Shame on the personal law board appeared first on SabrangIndia.

 
But the passage of this bill that primarily concerns itself with the criminalisation of the practice of Triple Talaq was not devoid of drama. If the Lok Sabha saw Hyderabad MP Asauddin Owaisi showcasing exactly how the bill actually did very little for the women it hopes to protect, there was a walkout by BJP allies JD (U) and AIADMK when the bill was presented before the Rajya Sabha. While there were 99 votes in favour, there were 84 votes against the passage of the bill.
 
Curiously, 5 Congress MPs abstained from voting despite being issued a whip by none other than Congress Parliamentary Party leader Sonia Gandhi. In fact, poor floor management by a disunited opposition appears to be as much to blame for the passage of the bill as the determination of the regime to further is divisive and openly anti-minority agenda.
 
Key criticisms of the bill can be summarised as follows:
 

•          The bill fails to take into account the plight of the woman who will be forced to depend on her potentially vindictive in-laws while her husband serves his jail sentence
•          While the bill has a provision for payment of subsistence allowance (amount to be determined by a Magistrate) for herself and her children, it fails to realise that the husband who is expected to pay the allowance will be incarcerated and therefore unlikely to be able to pay the said allowance
•          When it comes to all other religions, marriage and divorce are treated as a civil matter, but only Muslim personal law provisions are being bent to turn divorce into a criminal matter
•          The provision to criminalise divorce can be used against Muslim men to target them

 
Now, several activists and civil society groups, including Bebaak Collective, a group that had backed Shayara Bano in her historic case against Talaq-e-Biddat in the Supreme Court, have come together to highlight how this law can be misused to target minorities. The activists have released a statement in which they say, “We the undersigned groups and individuals condemn the government’s attempt to criminalize Muslim men in the guise of protecting Muslim women.”
 
The statement further questions the rationale behind criminalising triple talaq despite the Supreme Court ruling the practice to be void in law. “After the Supreme Court in 2017 already made the pronouncement of talaq in a single setting void in law, it is an absurdity to make a person uttering it criminally liable, facing 3 years of imprisonment,” says the statement.
 
Activists also raise key questions about the plight of the aggrieved woman saying, “Imprisoning the husband for three years, leaves the aggrieved complainant at the mercy of her matrimonial family, liable to turn hostile and vengeful towards the wife for putting him behind the bars. Her financial security and that of her children is of no concern in this bill.”
 
The entire statement may be read below:
 
CONDEMNING THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) BILL, 2019
 
Statement by Civil Society Groups
 
We the undersigned groups and individuals condemn the government’s attempt to criminalize Muslim men in the guise of protecting Muslim women. We stand today in strong opposition to the Muslim Women (Protection of Rights of Marriage) Bill, 2019 which has been pushed through the Rajya Sabha in great haste by this government. Why was it not sent to a select committee? We shall petition the Honorable President to not sign it into law.
 
At a time when all right-thinking Indians are alarmed at the daily barbaric acts of lynching of Muslims and the impunity to the perpetrators being provided by the government, this bill is a complete charade. You cannot pretend to save Muslim women, while seeking to bring the Muslim community to its knees.
 
After the Supreme Court in 2017 already made the pronouncement of talaq in a single setting void in law, it is an absurdity to make a person uttering it criminally liable, facing 3 years of imprisonment.. Does this bill really care about Muslim women’s access to justice? Imprisoning the husband for three years, leaves the aggrieved complainant at the mercy of her matrimonial family, liable to turn hostile and vengeful towards the wife for putting him behind the bars. Her financial security and that of her children is of no concern in this bill.
 
Personal laws of all community are civil matters, not criminal matters. This is the first time in the history of India, that we are witnessing criminal provisions in matters of marriage and divorce. In its intent and target, it is clear that this is not a pro-woman but an anti-minority bill.
 
We further condemn the utterly ineffective floor management of the opposition parties. The time opposition leaders have spent in making passionate speeches against this bill would have been better spent in reaching out to all parties and ensuring their presence for this vote. This is not the kind of opposition that many Indians voted for, and we deserve and demand better. We urge the opposition to stand up to its constitutional duty and protect Indian democracy that is being eroded by the day, with the number of anti-people legislation that is being passed by the government.
 
Signed:
Bebaak Collective
Farah Naqvi, Writer, and Activist, Delhi
Parwaaz, Gujrat
Sahiyar, Gujrat
Muniza Khan, Banaras
Hameeda Khatoon, Lucknow
 

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Why do political leaders not feel the need to reform the religion to annihilate the caste system?
 

A boy was murdered in Gujarat owing to his caste. Why do political leaders not feel the need to reform the religion to annihilate the caste system? Especially those who are more than eager for these reforms in other religions like Islam? Senior journalist Urmilesh speaks about this issue in today’s episode of ‘Aaj Ki Baat’. 

Courtesy: News Click

The post Reformists’ for Triple Talaq, Silent on Caste Discrimination? appeared first on SabrangIndia.

As reported in the Indian Express, the woman, alleged that over the past few years, her husband and in-laws harassed her, demanded money from her and asked her to leave the house. Eventually, she started staying with her relatives in Bhiwandi.

Reportedly, on May 12, while having an argument with her husband on Whatsapp, he sent her a triple talaq message. She then approached the police and filed a complaint a week ago. In her complaint, the woman has stated that she married Nadeem Shaikh, a resident of Kalyan, on May 18, 2014 and that they have a four-year old son. She further alleged that her in-laws constantly harassed her and sometime back, her husband demanded Rs 5 lakh from her and threw her out of the house.

Based on the woman’s complaint, the police registered a case on Wednesday against Shaikh and his parents under IPC Sections 498-A (cruelty), 323 (voluntarily causing hurt) and 504 (intentional insult with an intent to provoke breach of peace), and section 4 of the  Muslim Women (Protection of Rights on Marriage) Act.

Senior inspector of Bhoiwada Police in Thane Kalyan, Karpe said, “Based on the complaint, we have registered a case under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act in addition to sections of IPC against the woman’s husband Nadeem Shaikh and his parents.”

“Shaikh has been on the run ever since his wife gave the complaint. We are on the lookout for him,” added Karpe.

The Supreme Court (SC), in its judgment dated August 22, 2017, in the case of Shayara Bano Vs Union of India & Ors, had declared the practice of instant triple talaq as unconstitutional. It had even directed the Parliament to form a law restricting this practice. Consequently, the Muslim Women (Protection of Rights on Marriage) Ordinance, 2019 was promulgated on January 12, 2019, which makes triple talaq a cognizable offence punishable with an imprisonment upto three years and a fine. In February, the Union Cabinet had approved the ordinance.
The 2019 ordinance replaces the Muslim Women (Protection of Rights on Marriage) Ordinance, 2018 promulgated on September 19, 2018.  

The Muslim Women (Protection of Rights on Marriage) Bill, 2018 (to replace the 2018 Ordinance) was passed by Lok Sabha on December 27, 2018 and is currently pending in Rajya Sabha.  

Related Articles:

1. Salafi Muslims in India support the Bill against Triple Talaq
2. Triple Talaq Bill: Background, implications & way out
3. Civil offence for Hindus, crime for Muslims: The triple talaq ordinance is plainly discriminatory

The post Woman Divorced Via Whatsapp, Case Registered Against Husband and In-Laws Under Muslim Women Act appeared first on SabrangIndia.

Image courtesy: PTI

The holy prophet has declared three Talaqs in one sitting a mockery of the Quran. Seeing the Prophet’s anger over three Talaq one Sahabi(companion of the holy prophet pbuh) even sought the permission of the prophet pbuh to slay such a person.

 Such a Talaq is a violation of Quranic verses and also a violation of Sahih Hadiths. Caliph Hadhrat Umar would punish people proclaiming triple Talaq in one sitting with lashes and then would conduct Tafreeq. If a person proclaims triple Talaq, it would be considered one Talaq and not three according to the Quran and Hadith and the husband will have the right to take back his wife before the completion of Iddat and if they want to unite again, they can unite with a new declaration of Meher, permission of the Wali and new marriage contract. That’s why many Muslim countries have declared triple Talaq in one sitting null and void and have banned it through legislation.

Therefore, this dilemma has been put to end in those countries years back. People like Badruddin Ajmal are opposing the bill against triple Talaq because they are giving importance to the ulema and scholars of their own group vis a vis the clear injunctions of the Quran and Hadiths. These people cannot see the light of the Quran and Hadiths because the stance of their particular imam goes against the injunctions. They become the enemies of those who follow and believe the injunctions of the Quran and Hadith. 
People of these category only are very fond of this kind of triple Talaq and want this obscurantist and oppressive practice to continue though their sacred and reliable book Hadayath also calls triple Talaq a Biddat(innovation) (See Al Hadayah, Kitab al Talaq by Shaikh Ali Bin Abi Bakr al Marghabani: 593 Hijra Vol 1 p 247 publisher Darul Kutbul Ilmiyyah, Beirut, Lebanon). These biased scholars also approve of illicit sexual relationship for a night or two in the name of Halala; rather they consider it a virtuous act.  Their purpose is merely to protect their own sect or Maslak though the fact is that the holy prophet pbuh has cursed both parties involved in Halala. He pbuh has called the person performing Halala a borrowed bull and a condemned person.

Hadhrat Umar also threatened the person performing Halala and the woman taking part in the Halala to be stoned to death. Hadhrat Umar considered Halala un-Islamic and Zina. Therefore, in the views of all the Sahaba and after them a majority of Islamic scholars have declared such a marriage of Halala immoral and void and so after Halala the woman will not be Halalfor her former husband. These biased followers of their sect support the triple Talaq and oppose the bill against triple Talaq because in the event of the practice of triple Talaq and Halala continuing, people will consult them for seeking fatwa for Halala. Similarly, the triple Talaq bill has become a cause for concern for those also who would get a golden opportunity to rape hapless poor divorced women in the name of making them Halal for their former husbands and sometimes the practice is lucrative too. This bill has also become a cause for worry for those who would engage in this dirty practice considering it an act of Sawab and also encourage others to promote it.

Therefore, the continuance of the practice of triple Talaq in one sitting was serving the interests of many unscrupulous elements. That’s why their opposition to the bill is not a matter of surprise.

Perhaps the readers will ask whether anybody may consider an act of shame and indignity like Halala an act of virtue and Sawab, my answer would be: yes, there are Muslims who consider this act a virtuous act. To believe me, you should see Fatawa Darul Uloom Deoband Volume 7 page No.492 in which the compiler Sheikh Zafir quotes the statement from Fatawa Durr-e-Mukhtar:

“Marrying a divorced woman to another man with the condition of making her Halal for her husband is Makruh Tahrimi (Haram), though the woman will become Halal for her husband through this Halala marriage in vogue and the state of being Mamruh-e-Tahrimi of this is proved by this Hadith of holy Prophet pbuh in which he condemns and curses both the parties involved in Halala. But if the person marrying the woman to perform Halala does not mention the condition for Halala, instead he has the intention to make the woman eligible for her husband, the Halala marriage will not be Makruh-E-Tahrimi but permissible. Moreover, if the intention of the man is reformation that is helping the former husband and reinstating his home, then marrying her for one or two night will instead be a virtuous act for the man and he will be rewarded for it.”

Did you see how our muftis declared an act of sin a virtuous act despite the intention behind it being clear?  The holy prophet pbuh has said, “Indeed, all the acts depend on the intention of the doer. The doer will get rewarded according to his intentions.”(Bukhari, Kitab badul wahi Hadith No. 1) In fact, it is they who want this satanic practice to continue in the name of reforming husband and wife and with the intention of getting rewards. But our demand is that this practice of triple Talaq is un-Islamic, Haram and an innovation and that’s why it should be abolished as it has been in many other countries because this shameful practice (Halala) is a result of the practice of triple talaq being in continuance. If Muslims want to save the dignity and modesty of their women, they should support the bill brought by the government and thank the government for this favour because it is supported by the Quran and Hadith. And every truth has the right that it should be supported irrespective of who is imposing it or writing about it or telling it.

As for Maulana Ajmal’s statement accusing Salafi or Ahl-e-Hadith sect of promoting terrorism, the Mohtamim of Jamia Salfia Varanasi, Sheikh Adullah Saood has rightly, sufficiently and timely rebuked him in his letter 28. 12.2018. The editor of the Urdu daily Inquilab has given him and his extremist tribe a wise, affectionate and realistic advice that Muslims should not make such allegations against each other which might cause problems for them. They should read his message and read between the lines. (Editorial in Inquilab page No. 8 dated 31. 12. 2018) the editorial has message not only for Maulana Ajmal and his ilk but for all Muslims.

We should stress on the fact that Maulana Badruddin Ajmal has made a serious allegation from a position of responsibility and this has hurt the sentiments of the followers of the Quran and Hadith who are called Salafi and Ahl-e-Hadith and so he should apologize for his irresponsible statement from the same position of responsibility, that is, Parliament of India and repudiate his statement in the Parliament.

There is no doubt that triple Talaq and Halala in vogue is a condemned act and Haram in the eyes of the Quran and Hadith and grave injustice to women. This practice should be abolished as soon as possible. To prove this practice wrong and un-Islamic, I have written a 1000 page book with arguments from the Quran and Hadith and have also mentioned the incident of the divorce of Rakana bin Abd-e-Yazid who had proclaimed triple Talaq and was later repentant. The holy prophet pubh had declared the triple talaq one Talaq and instructed him to revoke his Talaq. And following this Hadith, more than one hundred and 70 Fatwas of muftis are present and some of the muftis belong to Maulana Badruddin Ajmal’s sect. Some of them are Maulana Mufti Ateequr Rahman, Maulana Mohammad Sayeed Ahmad Akbarabadi, Maulana Mahfoozur Rahman Bastawi, Maulana Abdul Halim Qasmi, Maulana Murtaza Hasan Qasmi and Maulana Suheb Qasmi whose campaign against triple Talaq and nikah-e-Halala has borne fruit with the grace of God.

It should also be noted that the issue of triple Talaq and the evil practice of Halala has been solved in more than twenty Muslim countries. God has already rid the women of these countries of this evil because abolition of triple Talaq and Halala has been declared invalid through legislation and the entire community has accepted the legislation. In our country too, thanks to the initiative of the central government, particularly the initiative of our Prime Minister honourable Bhai Narendra Modi this act has been passed on behalf of the honourable Supreme Court. Now, if someone opposes this act, he should be punished for this as Hadhrat Umar would punish those proclaiming triple talaq in one sitting with lashes. The mode of punishment may change with the change of time. Therefore, the punishment should be imprisonment or fine.

In the end I very humbly request my Muslim brethren to follow the Quran and Hadith in every sphere and affair of their life as the holy prophet pbuh had addressed on the occasion of the last Hajj:

“O Muslims! I am leaving for you two things. If you follow these two things sturdily you will never go astray. The first is the Holy Quran and the second is my Hadiths or my life and practices.”

 Another Hadith of the holy prophet pbhh says thus:

 “O Muslims! Note it that whoever will oppose my instructions and advices will incur the wrath of God and will be humiliated by God. “May God save us from indignity and humiliation. Amen

Source: Inquilab, New Delhi, 10 January 2019

Courtesy: New Age Islam

The post Salafi Muslims in India support the Bill against Triple Talaq appeared first on SabrangIndia.

Background & implications: In post-Shah Banu general elections of India in 1989 a huge number of Muslim women voters were wood by the Congress headed by Rajiv Gandhi, after he enacted the Muslim Women (Protection of Rights on Divorce) Act, 1986 following that Supreme Court judgment. Now, BJP-RSS combination who presently rule India has found an opportune moment post-Shayara Bano case [wherein the Supreme Court on 22-08-2017 held triple divorce/Talaq arbitrary & unconstitutional] to advance their “political agenda”. The Times of India dated 31-12-2018 quoting Anand Sharma of Congress. As such, they, to gain an advantage in next general of 2019, capitalise on the issue of Triple Talaq, with an ambition to woo the Muslim women voters in those elections.

Following the Shayara Bano ruling by the Supreme Court in the ratio of 3:2 on 22-08-2017, the ruling party at Centre came out in late 2017 with a draft of the Muslim Women (Protection of Rights on Marriage) Bill which was sent then to all State Governments (except J&K) for their “urgent views”. Sending draft law to States was just a formality to be completed under the recommendations of the Sarkaria Commission.

To recall to our minds, the Bill was earlier passed on 28-12-2017 by the Lok Sabha with overwhelming majority of RSS-BJP members who had hoped that it would be passed by Raja Sabha on last day of last monsoon session of the Parliament. To refresh memories, in 2017 when the Bill was passed by Lok Sabah on 28-12-2017, two Parliamentarians from Kashmir, Farooq Abullah (NC) & Muzaffar Beigh (PDP), kept absolutely “mum” without objecting to passage of the Bill; though not-surprisingly in view of coming Assembly Elections this year, both the parties are now beating their chests. Nevertheless, Raja Sabha did not pass the 2017 Bill. So, a Fresh Bill was tabled in Lok Sabha in the present winter session of 2018 where it was passed by the Lok Sabha with overwhelming vote on 27-12-2018 & was sent to the Raja Sabha where it came up on 31-12-2018. In Raja Sabha, the ruling class did does not have required numbers to approve it, so the Opposition stalled the Bill in Raja Sabha on 31-12-2018 by moving a resolution seeking that the Bill especially its criminalising provision making Triple Talaq punishable offence be referred to a Joint Select Committee for further scrutiny. In the meanwhile, the Triple Talaq Bill of 2017 stands withdrawn along with the President’s Ordinance of 19^th September, 2018.

It may be mentioned that the draft committee was headed by Rajnath Singh, Indian HM including other ministers, namely, External Affairs Minister Sushma Swaraj, Finance Minister Arun Jaitley, Law Minister Ravi Shankar Prasad and his junior in the ministry PP Chaudhary. Under the draft law, applicable to Triple Talaq only & not Talaq in general, Talaq three times in oral, written, or electronic form like SMS, email and WhatsApp, would be bad, illegal and void. Under the draft bill, husband’s Talaq in any form, spoken, in writing or by electronic means such as email, etc, giving instant Triple Talaq would attract a jail term of three years and a fine. It has been made a non-bailable cognisable offence under the Bill. The draft law empowers divorcee-Muslim woman to approach a Magistrate for seeking “subsistence allowance” for herself and minor children & also the custody of her minor children. It is clear, however, that pronouncement of three Talaqs in single utterance or sitting by husband has been made “non-bailable offence” with severe punishment.

It needs further mention that earlier last year the Bill was sent to States & opposition parties for their “urgent” comments & views. A number of amends were suggested by opposition parties & members including AIMPLB . But all those suggestions of amending the law to make it more acceptable to Muslim community have been totally rejected by the India’ ruling party (RSS-BJP). If the law was to be passed in such a hurried haste, then, what was the fun of sending the draft law to opposition parties & States for suggestions? If it was to be passed in this manner of without consulting Muslim Community whom the law pertains, it is bound to raise many eyebrows about its passing. It is indeed a “politicized law”.

By making Triple Talaq non- bailable crime in India, or criminalising Triple Talaq, the ruling class is trying to impress upon the Indian Muslim women that their “suffering” by aberrant husbands resorting to Triple Talaq will soon come to an end. It is “politically motivated strategy” of the ruling class to woo Muslim women voters, argument goes. The penal provisions in the draft law are not in good taste of Muslims in general & non-BJP ruled States.

One may rightly feel that this law is sure to be challenged in the Supreme Court for its most shameful , painful & arbitrary provision of criminalising Triple Divorce by punishing husband with three years jail term. If punishment of Muslim husband was the objective of the Law-Makers (RSS-BJP), then, where comes the good intention of rescuing the Muslim wives slapped with Triple Talaq? It blocks all re-conciliatory steps between the spouses. A husband jailed by the Court at the complaint of wife will hardly think of reconciling with her. The harsh provision will further harm the already strained relations between the spouses concerned in such a case.

 If triple divorce is to be intended to be counted one pronouncement only, reconciliatory Raj-e-Talaq, punishing husband may not be helpful in bringing about desired reconciliation. But if the purpose of proposed legislation is “gimmicky politics”, then, it will finally fail the judicial test. Such a punitive provision is not found in those Muslim countries even where reforms in law of Talaq as per the Quranic law have been introduced. There is already the Protection of Women Against domestic Violence Act, 2005 in practice in India. Obviously, mere pronouncement of Triple Talaq without added factors as envisaged under section 3 thereof will not qualify it for “domestic violence”. Hence, the ruling class’s indirect resort to CRIMINALISE TRIPLE TALAQ through new legislation. Bringing law on par with the Quranic mandate of Talaq is all together different thing, it may be noted. Here object is totally different. 

Way-out:  That said, there are certain facts as below which cannot be lost sight of while dealing with the issue of triple divorce:
(1) Triple Divorce or Talaq-e-Mugalazah has been damaging the whole superfine procedure of Islamic divorce as prescribed in the Quran.

(2) It is an innovated form of Talaq or Talaq-e-Bidai which is unanimously accepted by all Sunni schools of thought. There is Ijma on its being innovation, hence, most reprehensible. Shias & Ahle Hadees do not accept it as valid form of talaq.

(2) In view of its being innovation, a clear deviation from set procedure of divorce in Islam, causing disrepute to the community & consequential suffering to the victim-Muslim-women, it has led several Muslim countries, namely, Algeria, Egypt, Jordan, Morocco, Sudan, Syria, Pakistan, Bangladesh and Yemen to abolish it & bring the law in conformity with the Quranic injunctions & Sunnah of the Prophet (pbuh).

(3) In India, the judiciary constantly from Shamim Ara Case in 2002 has had been trying to set the trend in conformity with the Quranic injunctions so that all possible measures were adopted for bringing reconciliation between the spouses before the Muslim husband pronounces Talaq and before Talaq is declared valid in the eyes of Muslim Law. As MPLB & Muslim leaders failed during these years to notice the judicial mood contrary to the practice of Triple Divorce in India, then, followed by BJP-RSS election-agenda of abrogating the practice in India, finally came the Supreme Court ruling in Shayara Banu case on 22-08-2017 that dealt a mortal blow to this practice without leaving space for MPLB to “debate & discuss” any more in this regard. 

(4) Islamic law of Talaq as prescribed in the Quran represents the modern breakdown theory of divorce but for Triple Talaq. It was emphasised by a renowned jurist of India way back in 1971. Late Krishna Iyer, ex- judge Supreme Court of India, held:
“It is a popular fallacy that a Muslim male enjoys under the Quranic Law un-bridled authority to liquidate his marriage. The whole Quran expressly forbids a man to seek pretexts for divorcing his wife so long as she remains faithful and obedient to him, if they (namely women) obey you, then do not seek a way against them’ (Quran IV : 34). …. in the absence of serious reasons, no man can justify a divorce, either in the eyes of religion or the law. … The Prophet was indeed never tired of expressing his abhorrence to divorce. ….. . However, the Muslim law as applied in India has taken a course contrary to the spirit of what the Holy Quran or the Holy Prophet laid down and the same misconception vitiates the law dealing with the wife’s right to divorce.”(Yusuf v. Sowramma, AIR 1971 Ker 261).
A well known Muslim scholar, Syeda Saiyidain Hameed, a former member of Indian National Commission for Women and founder of Muslim Women’s Forum had also expressed dislike in an article Times of India on 16-11-2000, page 14 about the Muslim husbands’ flagrant violation of the prescribed law of Talaq. She wrote:
“The fact of the matter is that we Muslims selectively practice whatever suits our need. We ascribe our actions to our religious sanctions and continuously harp on our religious code. But we blatantly violate the injunctions of Islam. We pronounce Talaq without following the commands pertaining to it. Thanks to the way we practice it, Islam is looked upon by the world as the most anti-gender religion. For this perception, it is we Muslims who are to be blamed. It is time we applied the corrective to our own selves and stop using religion”.

(5). Between two contradictory views among Muslim jurisprudents of Sunni School of thought about the validity of Triple Talaq, there was & is always a room left in the Sunni jurisprudence by which the problem of Triple Divorce could have been /can be solved. This way out was/is possible through the use of the doctrine of Istehsan. The MPLB, therefore, could prefer/have preferred the view against this practice with strong arguments from the Quran and the Sunnah. The preferable juristic interpretation of Istehsan is fully sanctioned by the Holy Quran:
“Those who listen to the word, and follow the best (meaning in it), those are the ones whom God guided and those are the ones endowed with understanding” (Holy Quran, XXXIX: 18-Surah-e-Zumar).
Dr. Riyaz ul Hassan Gilani has explained the rule of Istehsan as:
“When a jurist finds that relative to a certain situation, more than one and mutually inconsistent rules are derivable from the legal framework, he gives preference to the one which is supported by the strong legal arguments from the Quran and the Sunnah. This process of juristic preference is termed as Istehsan. (Reconstruction of Legal Thought in Islam (1982) 160).

The doctrine of Istehhsan, therefore, accepts the flexibility and adaptability to the Shariat. It permits the Muslims to seek the best course among many courses on a particular legal point. Given to the conflicting options of the jurists on the question of Triple Divorce, the Muslim Ulema can choose the one that has the solidarity of legal arguments from the Quran and the Sunnah or that is strengthened by the spirit of the injunctions of the Quran and the Sunnah. (See M J Aslam’s The Justification & Rationale of Muslim Divorce (2007),  page 125).

(6) The institution of divorce was totally unknown to the ancient Hindus.
“A Hindu marriage was a sacrament in the sense that a Hindu wife could never ask for divorce, or for another husband, even if her husband was a lunatic, impotent, leper, deserter, a chronic patient of venereal diseases or even a eunuch or a dead man. As regards the husband, he could always mock at this sacrament with impunity and arrogance by taking another wife into another and similar sacramental fold: and he could do so as many times as he liked…” (Dr. Paras Diwan, Modern Hindu Law (1985) 62, 65 quoting Manu Smiriti: Hindu Marriage Act, 1956 gave for the first time the right of divorce to Hindu women).

On the other hand, Muslim Law from day one recognises the institution of divorce. While husband has a direct right of divorce by following “strictest conditions” under the Quran & Sunnah, woman can get it through Qazi/civil family court. (Supra M J Aslam’s Justification & Rationale of Islamic Divorce)  But aberration of Triple Divorce has distorted the whole pristine pure picture of actual procedure of Talaq in Islam. The vested interests have been deliberately projecting this innovation of Talaq-e-Mugalazah as Only & Real Picture of Talaq in Islam (quite contrary to reality) with added-emphasis “adversely affecting poor women” in that community. Irony is that these, “pan-Hindu-nationalists”, are now displaying themselves as “messiah” of millions of socio-economically backward Indian Muslim women, rescuing them out of the “crisis”.
 

M J Aslam is Author, academic, story-teller & freelance columnist. Presently, AVP, J&K Bank.

Courtesy: https://countercurrents.org/
 

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Deserting one’s wife without a valid divorce is now a criminal offence for Muslim men but a civil offence for men of other communities. The ordinance must go.

 
Image Courtesy: PTI

First Published on Scroll.in

Unilateral divorce, or the desertion of a wife by her husband without a valid divorce, is a serious offence that does immense harm to women. Its victims in India include women of all communities.

The Muslim Personal Law in India treats marriage as a contract and outlines several valid divorce procedures. But it also allowed oral, unilateral divorce in the form of instant triple talaq until the Supreme Court last year held it to be unconstitutional and void, that is, not divorce at all. To enforce the Supreme Court’s judgement, the Narendra Modi government brought a bill, but it was not passed by the Rajya Sabha. So, this month, the government promulgated an ordinance criminalising instant triple talaq.

The ruling Bharatiya Janata Party is now denouncing anyone who questions the ordinance as a “supporter of instant triple talaq”. There is, of course, no question of defending instant triple talaq. It must be held invalid. But should it be criminalised? Moreover, can unilateral divorce or desertion be a criminal offence for men of one community but only a civil offence for those of other communities?

Clearly, these are questions for serious debate. But the Modi government has chosen to bypass Parliament and introduce an ordinance. The media, instead of asking these questions and creating a space for informed debate, is mostly helping the ruling party drown out valid concerns about the ordinance. Most news channels have not even bothered to educate themselves, let alone their audiences, about the distinction between civil and criminal offences, or why instant triple should be treated differently from desertion.

Because of this misinformation campaign, it is widely believed that the ordinance is a step towards framing a Uniform Civil Code – to replace separate personal laws for different religious communities – and ending an injustice Muslim women alone face. The reality is that unilateral divorce is faced by women of all communities. Census data shows there are nearly 20 lakh Hindu women who have been abandoned without valid divorces. The figure is 2.8 lakh for Muslims, 90,000 for Christians, and 80,000 for women of other communities.
In case of Muslim women, what made the problem worse was that unilateral divorce was allowed and legalised by the Muslim Personal Law. But after the apex court’s verdict, this is no longer the case. Now, to deter religious bodies and leaders from continuing to recognise instant talaq, we need a legal provision to penalise them if they do.
 

Selective criminalisation

The ordinance makes instant triple talaq by Muslim men a cognizable and non-bailable criminal offence punishable with up to three years in prison. The question is: how can the desertion of his wife without a legally valid divorce be a criminal offence for a Muslim man but just a civil, matrimonial offence for a Hindu man?

This is not a step towards a Uniform Civil Code; the ordinance violates the country’s existing uniform criminal code by creating a specific criminal law solely for Muslim men.

Unlike the Muslim law, the Hindu Personal Law sees marriage as a sacrament rather than a contract, so it does not prescribe a procedure for divorce. As such, Hindu men can unilaterally desert their wives without even having to say “I divorce you”, words that a Muslim man must utter to validate instant talaq. Such desertion has no legal or social sanction, yet is widely prevalent.

Perhaps most prominently, Jashodaben continues in vain to seek recognition from her husband, Prime Minister Narenda Modi, who deserted her 45 years ago. That Modi separated unilaterally from his wife is borne out by the fact that Jashodaben has repeatedly, and publicly, expressed her wish to live with him – a wish the prime minister has ignored. For millions of Hindu women like Jashodaben, it is especially tough because their husbands can leave them without even bothering to obtain a divorce, valid or otherwise.

Is this any less arbitrary than a Muslim man abandoning his wife after uttering “talaq, talaq, talaq”?
 

A civil offence

The All India Progressive Women’s Association, which I serve as secretary, holds that all forms of unilateral divorce, including instant talaq, must be invalidated, and treated as civil matrimonial offences. None should be criminalised, though.

Since the Supreme Court’s judgement, instant talaq has lost force as divorce. Saying the word “talaq” thrice amounts to an expression of intent by a Muslim husband to divorce his wife. If he follows up on this intent and deserts his wife, it should be treated as a civil, matrimonial offence. If, say, a qazi recognises it as divorce, they should be penalised with the cancellation of their registration.

If a man from any religious community threatens to divorce or desert his wife, she should be able to treat it as “marital cruelty”, and file a criminal complaint under Section 498A of the Indian Penal Code. In contrast, the practice of nikah halala, which requires a woman to marry and sleep with another man in order to return to her first husband, should be criminalised because it imposes sexual indignity and violence on Muslim women in the name of tradition. Any religious body sanctioning or ordering nikah halala should face criminal prosecution as well.
 

Curtailing rights

The BJP claims the ordinance is meant to safeguard the rights of Muslim women. Is that really the case?

A woman facing instant talaq would want her husband to be held accountable to their marriage and to continue to support her. How can a husband provide maintenance to his wife if he is in jail and unable to earn?

The ordinance allows a Muslim woman to approach a magistrate and seek “subsistence allowance” from her husband even though maintenance laws stipulate that a separated woman and her children must receive enough support to continue enjoying the lifestyle they had in the marital home. So, rather than expand Muslim women’s rights, the ordinance, with respect to maintenance, discriminates against them.

What would really help Muslim women is legal and socioeconomic aid that enables them to pursue justice when they are unilaterally divorced. Such aid should, in fact, be provided to women of all communities.
 

Dangerous discourse

The media-orchestrated discourse around the triple talaq ordinance has echoes of 2013, when they helped spread the bogey that an amendment proposed to India’s rape law in the wake of the Delhi gangrape would lower the age of consent from 18 to 16, when in reality it was the other way round. By thus whipping up a frenzy, the media drowned out the valid concerns of women’s groups that increasing the consent age would serve to criminalise consensual sexual relations among teenagers and even encourage “honour” crimes. In this context, it is disturbing and dangerous that the ordinance is being promulgated without informed debate and critical scrutiny, either in Parliament or in the media.

It is imperative that responsible sections of the media urgently create space for concerns about this move to be discussed and, relatedly, about the report of the Centre’s High Level Committee on the Status of Women in India, released in 2015. It recommends reforming personal laws of all communities – and not just of Muslims – to make them gender-just.
 

Gender-just laws

The Modi government has ignored the report. Is it because it is seeking to propagate the idea that Muslim men are uniquely cruel to women and deserving of exceptional criminal prosecution?

The truth is the Modi government is least bothered about women’s rights, or even Muslim women’s rights. It is using valid concerns about the practice of instant talaq to target the community. I fear the instant talaq ordinance – and law, whenever it comes – may well be the new cow protection law, primarily a pretext to harass and criminalise Muslim men. We must insist Parliament debate the legislation thoroughly and consult all stakeholders before passing it. The ordinance must be withdrawn.

Kavita Krishnan is secretary of the All India Progressive Women’s Association.

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