“Talaq, Talaq, Talaq”, these words become the subject of controversy and most ongoing debates in India, especially in all news channels. Today the landmark decision came in response to petitions challenging the so-called “Triple Talaq” (Talaq-e-Biddat) custom. Indian Supreme Court has abolished Triple Talaq (instant divorce) and termed it unconstitutional.
Before you read the rest part of this post I want to clarify that I am not against of any religion. We all are Indians and it is our primary and only identity. This epic verdict which should come earlier as it will protect women’s dignity and remove the fear of uncertainty about their marriages.
India is one of a handful of countries where a Muslim man can divorce his wife in minutes by saying the word Talaq (the Arabic word for divorce) three times.
What is instant divorce?
“Triple Talaq” is a form of divorce practiced in India, whereby a Muslim man can legally divorce his wife by pronouncing talaq three times. The pronouncement can be oral or written; or in recent times delivered by electronic mediums such as telephone, SMS, e-mail or social media. The man need not cite any cause for the divorce and the wife need not be present at the time of pronouncement.
Just imagine living with the mental insecurity for years in your marital life as it can be ended just by the utterance of three words. That’s exactly what Indian Muslim women felt before this verdict.
After divorce whether the wife is pregnant or having children, the divorce becomes irrevocable. A divorced woman cannot remarry her divorced husband unless she first marries another man.
In my opinion, Living in 21st century and giving such RUBBISH rights to men is totally UNETHICAL AND UNSOCIAL. A woman is neither just a sex object nor a lifeless doll which could be replaced or changed whenever needed. This practice is injustice with women especially with those who are not financially independent. This affects the lives of young children as well. First using a woman and throwing out by uttering a word THRICE is injustice to her. A woman’s choice to live her life as she wants has to be respected.
Ironically, other Islamic counties, including Pakistan and Bangladesh, have already abolished triple talaq but the custom has continued in India. Other Islamic countries like Turkey, Tunisia, Syria, Egypt, Morocco, Iran, Iraq and Indonesia have either reformed the law completely or involve legally stringent preventive measures in this area.
The practice has faced opposition from Muslim women. Some of them filed a “Public Interest Litigation” in the Supreme Court against the practice.
The judgement is a huge victory for Muslim women and their rights. For decades, they have had to live with the threat of instant divorce dangling over their heads like a sword.
The practice has faced opposition from various Muslim women. Some of them have filed petition in Supreme Court of India against the practice terming it as “regressive”. A Muslim organization, Bharatiya Muslim Mahila Andolan (BMMA), launched a campaign to ban triple talaq. The petitioner has asked for scrapping of section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, terming it against the Article 14 of the Constitution.
During the hearings before its final judgement, the Supreme Court of India, on 13 May 2017, has described Triple Talaq as the “worst form of marriage dissolution”.
A multi-faith bench heard the controversial Triple Talaq case in 2017. Though 2 judges upheld the practice of validity of Triple Talaq, it was barred by the bench by 3:2 majorities and asked the Central government to bring legislation in six months to govern marriage and divorce in the Muslim community.
The bench had called triple talaq the “worst form” of divorce. This is a custom that violates gender equality and human rights.
Triple talaq goes against the spirit of the Constitution, human rights and gender equality. It was unjust and inhuman practice.
It is clear that triple talaq issue is a gross violation of the rights of women citizens. The right to religious freedom applies equally to women and men. It nowhere gives male citizens the permission to oppress female citizens.
The verdict, given by Supreme Court today should come at least 50-60 years back. However, this epic verdict gives Muslim women justice, gender equality and human rights.
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