Cheer and jubilation as SC declares instant triple talaq 'unconstitutional'

Aug 27, 2017, 00:45
Cheer and jubilation as SC declares instant triple talaq 'unconstitutional'

"We knew the court was in no mood to allow triple talaq", its general secretary Maulana Mohammad Wali Rehmani said.

Quoting various reports including one by the women's wing of All India Muslim Personal Law Board, Dr Ahmed said the rate of divorce among Muslims was low as compared to other communities and that the issue of triple talaq was being projected in wrong light. "It is high time that Muslim leaders and the so-called "secular" parties paid attention to real serious issues like educational inequality, discrimination in jobs and housing, and framing innocent Muslim youth with terror charges", it said.

In the Shah Bano case, the legislature overrode the Supreme Court's verdict that a Muslim ex-husband would have to make continued maintenance payments to his divorced wife in addition to maintenance for a three-month iddat period after divorce required under the Islamic law. The case in the Supreme Court and the arguments put forth increased awareness among Muslim women about their rights.

The judgement is not a rejection of the personal laws or a call for their total reform. But it can unequivocally be said that they must have breathed a sigh of relief with the practice having been held contrary to the Indian Constitution. Indeed, the burden of promoting equality for women while simultaneously avoiding a fundamental adjustment in the status of Islamic personal laws should not always have to be borne by the apex court. "What is banned in theology can not be good in law", he observed.

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Unfortunately, the same rule does not apply for women as they are not allowed to use the Triple Talaq to instantly divorce their husband. The judgement was on the basis of petitions filed by aggrieved women who were victims of injustice. "What is banned in Quran can not be good in Shariat".

"We all stand by Muslim women who want to fight the practice of triple talaq". It had also said it would not consider polygamy and "nikah halala" for the time being but would take them up at a later stage. Most Islamic countries do not follow the practice.

There are three forms of talaq - Ahsan, Hasan and Talaq-e-Biddat (triple or instant talaq). However, some analysts who reviewed it described the commentary on the practice from the all-male panel as being "patronizing" toward Muslim women.

That is the reason why it told the court on the last day of arguments that it had chose to issue an advisory to qazis (Islamic judges) to give an option to all Muslim women to opt out of instant triple talaq before giving their consent for marriage. In September 2016, the clerics' body argued that the provision of triple talaq actually protected women since it removed the need for husbands to kill their wives.

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