Saturday October 20, 2018
Home India Long pending ...

Long pending injustice to Muslim Women! Supreme Court Hearing in India to Decide Validity of Muslim Divorce Practice “Triple Talaq”

0
//
164
Muslim women in India are vulnerable and insecure due to the community's practice that lets Muslim men divorce their wives by saying the word "talaq (divorce) " according to women rights campaigners. (Photo: A. Pasricha/VOA)
Republish
Reprint

New Delhi, May 10, 2017: Muslim women’s rights groups in India are hoping a supreme court hearing to decide the legality of Islamic family laws that allow Muslim men to divorce their wives by saying the word “talaq,” or divorce, three times will correct what they call a “long pending injustice” to Muslim women.

A charged debate has taken place ahead of the hearing scheduled to begin Thursday. Prime Minister Narendra Modi has supported calls to end what has come to be known as instant divorce, but conservative Muslim clerics staunchly oppose overturning the practice, calling it a political ploy by the Hindu nationalist Bharatiya Janata Party to take away Muslim identity.

NewsGram brings to you latest new stories in India.

It was the lawsuit of 35-year-old Shayara Khan, a quiet, middle class woman living far away from the spotlight in the town of Kashipur in Uttarakhand state, that brought the controversial practice before the top court.The three brief words, “talaq, talaq, talaq” that came in a letter from her husband abruptly ending her marriage have been heard by thousands of Muslim women before her. In India, where each religion has separate laws that govern marriage, succession, adoption and maintenance, the practice that allows a Muslim man to unilaterally end a marriage in a matter of seconds is sanctioned under the community’s law.

The Jama Masjid mosque in Delhi: The All India Muslim Personal law Board says that clerics educate Muslim men during Friday prayer sermons about using “triple talaq (husband saying t o wife: ‘you are divorced’ thrice)” only as a last resort if life with her becomes impossible but maintains that the controversial practice cannot be overturned. Under the Muslim divorce law, women have many rights given to her by Islam. (Photo: A. Pasricha/VOA)

But Khan’s quest for justice in a life-changing decision that gave no room for her voice to be heard, takes a different track – she is challenging the practice of “triple talaq” as violating the Indian constitution that protects gender equality.

Shayara’s petition highlights how the arbitrary practice leaves them vulnerable and insecure. “Muslim women have their hands tied while the guillotine of divorce dangles, perpetually ready to drop at the whims of their husbands who enjoy undisputed power,” it said, pointing out that women have been divorced through Skype and text messages. Several other petitions have now been joined with hers.

Go to NewsGram and check out news related to political current issues.

The court will also hear pleas challenging the validity of polygamy and another practice concerning marriage reconciliation.

As the court begins to deliberate on these controversial customs, women activists exude confidence. Zakia Soman of the Bharatiya Muslim Mahila Andolan (Indian Muslim Women’s Movement) is “100 per cent optimistic” that the judgment will correct a “long pending injustice” to Muslim women in India. “We want a Muslim personal law that enables equality in marriage and family matters,” she said.

However, the All India Muslim Personal Law Board, which is at the forefront of the counter campaign to retain “triple talaq,” is arguing that the practice cannot be banned as it is allowed under Sharia laws. He said the body is educating Muslim men during sermons at Friday prayers that it should only be used as a last resort when all attempts at reconciliation have failed.

Kamal Farooqui, a board member, is emphatic that the religious laws of Islam cannot be rewritten in the name of social reform.

Look for latest news from India in NewsGram.

“The whole jurisprudence is a God-gifted one, it is not a man-made constitution and these laws are the laws of divine which cannot be changed,” he told VOA. He questioned the courts standing in the matter. “Those honorable judges who do not know anything about Islam, who do not know the background of Quran, how can they interpret it?”

Women’s groups refute these arguments saying that what is practiced in India is a patriarchal system and a misinterpretation of Islamic law.

They point out that countries like Bangladesh and Pakistan do not allow the pronouncement of triple talaq in one go.

Hasina Khan of Bebaak Collective, another women’s organization, laments that Muslim religious leaders in India have failed to be responsive to women’s concerns. Saying that Muslim personal law is problematic in terms of divorce, property rights and inheritance, she said women have knocked at the door of Muslim bodies several times. But “they have not listened, not given priority for the Muslim women’s struggles, that is why we had to come to the court,” she said.

The Supreme Court begins a landmark hearing on Thursday to decide the legality of the Muslim divorce practice known as “triple talaq” which is allowed by Muslim family law in India. (Photo: A. Pasricha/VOA)

Prime Minister Narendra Modi’s government has told the court that the practice denies Muslim women “the full enjoyment of fundamental rights under the constitution,” and cannot be regarded as an essential practice in Islam.

Modi himself has supported the cause of ending triple talaq from public platforms on several occasions. In his latest reference to it, he expressed confidence that reformers from within the community will come forward to change the status quo. “I appeal to the Muslim community to not politicize the issue.”

However conservative Muslim bodies remain deeply suspicious of the BJP’s support for ending triple talaq. “It is nothing but a political propaganda against Islam,” said Farooqui.

Underlying their suspicion is the fear that the issue is being used by the Hindu nationalist BJP with an eye to bring in a common family law for all citizens, irrespective of religion. The issue has been long debated in India, but always consigned to the back burner by political parties. (VOA)

Click here for reuse options!
Copyright 2017 NewsGram

Next Story

Triple Talaq Now Banned In India

While most Hindu personal laws have been overhauled and codified over the years, Muslim laws have been left to religious authorities and left largely untouched.

0
India
Indian Muslim women talk while walking through a market in Ahmadabad, India. VOA

India’s government on Wednesday approved an ordinance to implement a top court ruling striking down the Muslim practice that allows men to instantly divorce.

The government decision came after it failed to get approval of Parliament a year after the court ruled that the practice of triple “talaq” violated the constitutional rights of Muslim women.

Most of the 170 million Muslims in India are Sunnis governed by the Muslim Personal Law for family matters and disputes. The laws include allowing men to divorce by simply uttering the Arabic word “talaq,” or divorce, three times — and not necessarily consecutively, but at any time, and by any medium, including telephone, text message or social media post.

Muslim
Triple Talaq continues to plague lives of  women, VOA News

The government will have another six months to get Parliament’s approval for the ordinance to become law. But in the meantime, suspects can be prosecuted using the ordinance.

Law Minister Ravi Shankar Prasad said that nearly 22 countries, including neighboring Pakistan and Bangladesh, have banned the practice and appealed to the opposition to approve the Muslim Women Protection of Rights on Marriage Bill.

India’s Muslim Law Board had told the court that while they considered the practice wrong, they opposed any court intervention and asked that the matter be left to the community. But several progressive Muslim activists decried the law board’s position.

Muslim
Muslim women hold placards during a protest against a bill passed by India’s lower house of Parliament last week that aims at prosecuting Muslim men who divorce their wives through the “triple talaq,” or instant divorce. VOA

After the Supreme Court verdict, Prime Minister Narendra Modi’s government introduced a bill criminalizing the practice and it was approved in December by the lower house of Parliament, where his party commands a majority. But it couldn’t get the approval of the upper house, where the opposition controls the majority of seats.

The main opposition Congress party is opposing a three-year prison sentence for the offenders and wants a parliamentary committee to discuss the issue to reach a consensus. It favors a lesser sentence.

Also Read:Nikon Launches its Mirrorless Cameras in India

In India, triple talaq has continued with the protection of laws that allow Muslim, Christian and Hindu communities to follow religious laws in matters like marriage, divorce, inheritance and adoption. While most Hindu personal laws have been overhauled and codified over the years, Muslim laws have been left to religious authorities and left largely untouched. (VOA)