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Many contours of talaq talaq talaq

DNMUM440546 | 8/3/2019 | Author : Team DNA | WC :3378 | India

DNA Samwad
The discourse
President Ram Nath Kovind on July 31st gave his assent to the Muslim Women (Protection of Rights on Marriage), Bill, 2019, which criminalises ‘triple talaq’ among Muslims and attracts a jail term of three years for the husband. This decision has divided the Muslims into two sections; there are those that are against the triple talaq, and then there are those justifying the practice and firmly believing in the religious foundation.
At the DNA Samwad held this Friday, panellists spoke on the impact that the triple talaq law will have on the community and the need for reforms on nikah halala and polygamy. Speakers brought up issues like codification of personal law and the necessity for women to speak up against injustice. Panellis
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FOR
Rida Rashid, Member, Minority Cell, BJP
The Quran doesn’t allow instant triple talaq and many who have learnt the Quran have reiterated the same. But then there have been many cases where a man has given instant triple talaq, and it has been held valid. Immediately after, meher and other issues are then discussed with the woman. There are terms and conditions that a man is expected to follow during triple talaq but they aren’t followed.
Many men have used triple talaq as a tool for second marriage. There have been cases where a woman is tortured threatened with triple talaq if she refuses to agree to man’s decision of second marriage. Women have even approached the police under section 498-A but nothing has been done.
The one who walks on the path of holy Quran do not fear the new rule of triple talaq that the government has brought in. This Triple Talaq Act will help women who want to come to a logical conclusion.
Meher amount isn’t sufficient for a woman to lead her life after divorce. For example, in my case, the meher decided 20-years ago was Rs 11,000. It is impossible to lead the life with this amount in this age. Women have to come out and talk about triple talaq. It is after the government intervention, the instances of triple talaq has come down.
Halala and instant talaq should be abolished. If a woman has to undergo halala, then it is equal to being punished for 30 years, whereas in case of triple talaq a man has to undergo just three years of punishment. In many cases a woman returns to her husband for the sake of her kids. Its a general belief that a Muslim marriage is a contract, and a Hindu marriage is for seven births.
When we talk about equality, there are people within our community who think that the discussion is futile and our energy is of no use. They do not consider us most of the times. They do not respect us because we have changed ourselves for better and are now raising our voice. When the issue of triple talaq was raised, some women spoke against it. This is purely because the men in the house asked them to, as they felt that it concerned them, or else these men do not allow women to step out even if it concerns their well-being. In this age, if a mother is quiet, the daughter will raise her voice, because she is now well aware of the law. She will take the issues ahead and get justice for her mother.

Abha Singh, Lawyer
Many are of the opinion that the Act will affect the stability of the family if the man is imprisoned for three years. If a man can divorce a woman on frivolous issues such as not liking the tea, then there is a problem. Women should be treated with dignity, and that’s why women approached the Supreme Court.
There are laws that will help the wife get maintenance. Law allows shared household and the woman has the complete right to live in that same house. Also she can take back the case if she wishes to. The purpose of the law is to protect Muslim women. Criminalisation of triple talaq was important because till the time, there is no punishment nobody will follow.
Nikah halala frames a woman as a commodity. This is treating a woman worse than an animal and it should have been abolished long time back. This law against the practice of triple talaq is to liberate women. They are being treated as equal and as a legal entity. I have a written a book called Stri: Dasha aur Disha on women’s rights. In the book I have mentioned various instances at which a man is likely to divorce his wife. However, be it any reason, the woman always comes back as she is concerned about her children.
Coming back to Nikah-Halala, the practice is regressive, retrograde and it should have been abolished much before, but it was delayed due to vested interest of some political parties. More than 20 Islamic countries have already prohibited the practice of instant triple talaq and nikah-halala.
Shayara Bano was a case of instant triple talaq, and she fought for injustice. I am happy that at least instant triple talaq will not be practised anymore, and now nikah halala and polygamy should be abolished too. Now a woman can sentence a man to three years in jail for mental cruelty on the grounds of shaming them on complexion. In a nutshell, criminal deterrence is required to send a message to this patriarchy that you have to treat women equally.
AIMPLB had brought women on the streets before the instant triple talaq bill was passed by the Parliament, but no procession has been organised by the Muslim men with respect to banning Nikaah halala or for putting an end to polygamy. I am surprised even progressive Muslims youth have not protested against the way their mothers and sisters are treated. I would have expected the new generation to come out.
A woman has long been regarded as a symbol of sacrifice and that continues till date. And the AIMPLB has used this weakness to their benefit. I have seen during elections in UP, the Muslim women voted as per the instructions given by their husband. Surprisingly, in 2019, women outnumbered men in terms of voting in certain areas in the state, especially in Muslim dominated regions.
AIMPLB has blocked the community from the outside world so that the community at large will listen to them. The men and women are still not allowed to offer namaz together in a Masjid. Even in the case of Haji Ali dargah, they stopped the entry of men when women were allowed to enter the shrine. Same is the case with Sabarimala. One cannot discriminate on the grounds of gender, and this is mentioned in our Constitution.
Civil society plays a major role here. Criminal laws are followed by everyone, and civil laws are not because we are trying to protect our traditions. Be it women of any religion, when they are discriminated, they are violating Article-15, which is Right to Life. The dignity of women is exploited everyday, whether its allowing them to enter a temple or masjid, giving instant divorce, or being asked for halala. Not just marriages, but even for live-in relationships, we are fighting for equality when it comes to maintenance and property. Every man has different parameters for his wife and daughter. But its no more about daughters, sisters or wives its about women in particular. Every woman irrespective of her relation with a man deserves equality and respect.

Advocate Rukhsar Memon, Volunteer member, Bhartiya Muslim Mahila Andolan
It is wrongly perceived that the passage of the Muslim Women (Protection of Rights on Marriage) Bill, 2019 criminalising triple talaq will break the family. But, the fact is that it will provide a channel of conciliation and mediation in case of divorce. A proper procedure of talaq (divorce) needs to be followed.
As per the new bill, divorce is a three stage process. First, the husband and wife can sit together and discuss their issues and find the solution. If the problem persist, husband can give a warning in the second stage. And, in the final stage, they can involve their families to reach to a solution. If all these effort do not yield results, the talaq or divorce can be looked up to as an option.
There is also need to understand that the bill will not bring children and family on the street. There is a provision in the bill which gives six months time to reconsider the decision. The three stage procedures mentioned above c


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