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India’s Muslim Women criticize justification for Triple Talaq and Polygamy, tag it as ‘medieval’

The All India Muslim Personal Law Board (AIMPLB) told the court that triple talaq was necessary, saying men have greater reasoning power compared to women

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Muslim brides wait for the start of their mass marriage ceremony in Mumbai May 11, 2014. A total of 35 Muslim couples took wedding vows during the mass marriage ceremony organised by a Muslim voluntary organisation, organisers said. REUTERS/Danish Siddiqui (INDIA - Tags: SOCIETY RELIGION TPX IMAGES OF THE DAY) FOR BEST QUALITY IMAGE ALSO SEE: GF2EA830FPC01 - RTR3OO39

– by Nita Bhalla

NEW DELHI, Sept 07, 2016: Muslim women fighting to ban “triple talaq” divorce and polygamy from family civil law in India’s top court condemned on Tuesday  justifications given by Islamic clerics as “medieval” and “reeking of sexism”.

India’s Supreme Court is currently hearing a petition filed by women’s rights activists who want the judiciary to declare triple talaq – where Muslim men can divorce by simply stating their intention three times verbally – as unconstitutional.

The Indian constitution allows most religions, including  Muslims – the biggest religious minority group – to regulate matters such as marriage, divorce and inheritance through their own civil code.

The All India Muslim Personal Law Board (AIMPLB), a non-governmental body which oversees the application of Muslim personal law, opposes any ban on triple talaq and polygamy.

It told the court on Friday that triple talaq was necessary, saying men have greater reasoning power compared to women, and that a man giving triple talaq to his wife was a better option than murdering her or burning her alive.

The AIMPLB also argued that polygamy was a “social need” and a “blessing” as a lawful second wife was better than an unlawful mistress and added that it gave divorced or widowed women more opportunity to remarry.

“Muslim women in India have suffered because of triple talaq where arbitrary divorces declared over postcards or telegrams have been sustained,” said campaign group Bharatiya Muslim Mahila Andolan (BMMA), or the India Muslim Women’s Movement.

“AIMPLB’s argument that a Muslim man can delegate his power of pronouncing talaq to his wife is laughable – this can hardly be expected to happen in real life if the wife wants a divorce but husband doesn’t,” it said in a statement on Tuesday.

https://twitter.com/NewsGram1/status/745920454267928577

The group said the AIMPLB’s justification for polygamy was “bizarre” as it had suggested the practice of a man having up to four wives stemmed from a concern and sympathy for women.

“The truth is Muslim personal laws – like other religious laws – flow from patriarchy and relegate women to second class status,” said the BMMA.

It said triple talaq had been banned in more than 20 Muslim-majority countries, including Pakistan and Bangladesh while polygamy was prohibited in Turkey and Turkmenistan among other countries.

Muslims make up more than 13 percent of the country’s 1.2 billion people, yet they are among some of the most marginalised communities.

Social indicators amongst Muslim women such as literacy, mortality and employment rates are lower than the national average, say activists.

Triple talaq is unilateral, arbitrary and contravenes both the constitution and the principles of gender justice in Islam, BMMA said. In India, a secular democracy, religious laws could not overwrite the constitutional right to equality, it added. (Reuters)

 

  • Manthra koliyer

    Polygamy should not be encouraged

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Triple Talaq Act is Not a Commodity, Nor are Women Doormats

Where are the conscious intellectuals in the country now, like those award-wapsi groups; and why is the media holding back from denouncing the perpetuation of the baneful practice?

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If we don’t cry now, Triple Talaq, and such other vices, might go digital, and burn millions of households.

BY: SALIL GEWALI

Election season in India is like a festival for many. For some parties’ workers, it is an occasion for joy, and merrymaking too. This is also the time when leaders respond to your phone calls! They hardly miss to send you even birthday wishes, thanks to the automated reminders that help even unkind leaders to put on the face of kindness and generosity with ease.

Well, a flurry of promises is now being made. Some are logical while some are very illogical. Some are even unconstitutional and outrageous. And this all goes to prove that certain political leaders can go to any extent for votes. Their aspirational leaders speak out without thinking. The prime objective is to please the voters. Moreover, making promises does not cost anything.

In the process of pleasing some, certain leaders have grievously hurt many others. They are also now unashamedly getting at Triple Talaq Act. They are bargaining with the certain voters over this as a saleable commodity. Is it not a sore point with female folks? Just imagine how hurt the fathers of million daughters in the country must be.  Again, a sane person should agree that Triple Talaq has been heavily misinterpreted and thus abused for centuries, as all the laid down strict conditions are ignored and moral associated overlooked. Even our immediate neighbor Pakistan, an Islamic country has long abandoned it because of the increasing misuse of the Islamic law.

Triple Talaq
Political leaders can go to any extent for votes and their aspirational leaders speak out without thinking. Their prime objective is to please the voters.

Yes, we well know how hard the present government had fought with the adversaries to bring in the bill against this regressive custom. Modi government certainly deserves the praises for this bold step forward. This bill will definitely save both men and women in many aspects.  Women from their husbands’ atrocities and men from committing sin!

But now, with the MP election around the corner, the certain parties are stooping low to take advantage of this much-abused practice. In their course of campaign, the leaders are claiming that they will revoke the bill if voted to power. What is most disgusting is that even the woman leaders of Congress party, without a sense of guilt, are boasting about that their party will instantly restore the Triple Talaq. Is it not a very dangerous development itself? True, when people lust after one thing, they simply forget that they are walking on the path of vices! Where are the conscious intellectuals in the country now, like those award-wapsi groups; and why is the media holding back from denouncing the perpetuation of the baneful practice? This is indeed a real tragedy! 

Do we want the cutting edge of modern technology to be used to break off the marriage? Many marital ties have been severed by mere a phone call? Are women doormats or disposal items? One very upset mother of three daughters says —  ‘this misused practice has literally reduced the millions of talented women to living corpses!’ 

ALSO READ: India Says Pakistan’s Links with Pulwama Attack Clear For All to See

If the election and democracy are only to help get society to be more godless then we are definitely heading towards the anarchy. So damning, the leaders, who commit themselves to ensure the bright future for the society and better governance, can thus set about dragging the society into the whirlpool oppression, repression, and frustration. How on earth could we trust such kind of leaders and bet on their integrity? Have they not equally brought a bad name to other leaders of integrity?  Come on, let’s wake up and cry hard for the leaders of principle and moral who in fact can honestly promise to douse the fire of vices. If we don’t cry now, Triple Talaq, and such other vices, might go digital, and burn millions of households.

Salil Gewali is a well-known writer and author of ‘Great minds on India’. Twitter: @SGewali.