Triple Talaq is history, next is polygamy
Delhi: A constitution bench of the Supreme Court...
Delhi: A constitution bench of the Supreme Court of India on Tuesday declared triple talaq, the practise of divorce among Muslims, as unconstitutional by a 3:2 majority. The Supreme Court has also asked the Union government to formulate a new legislation within six months in this regard. The apex court reportedly referred to the abolition of triple talaq in Islamic countries and asked "why can't independent India get rid of it?" The decision came soon after the apex court resumed the hearing on the matter on Tuesday morning. Terming the practice of divorce through triple talaq as "void", "illegal" and "unconstitutional", the bench ruled that triple talaq is against the basic tenets of the Quran. While Chief Justice J.S. Khehar and Justice S. Abdul Nazeer were in favour of putting on hold for six months the practice of triple talaq, asking the government to come out with a law in this regard, Justices Kurian Joseph, R.F. Nariman and U.U. Lalit held it as violative of the Constitution. (theweek.in)
Muslim women celebrate
The All India Muslim Women's Personal Law Board has welcomed the Supreme Court's decision on Triple Talaq . Board's chairperson Shaista Amber told TOI that reform in this area was a need of the hour to safeguard human rights. "The order means hope. It promises change for the better... We had asked for a Muslim Marriage Act and the apex court has told the union government to do the same," she said. In a previous interview to TOI, Amber had said, "Only a Muslim marriage act can safeguard rights of woman. Weddings involve the society but triple talaq takes place abruptly and mostly there may or may not be any witnesses. But with a legal framework, divorce will have to pass through a process. It will serve as the basis for women to ask for their meher (money given to the bride at the time of wedding) and maintenance to raise their children." The AIMWPLB maintained that Triple Talaq was a misunderstood concept and therefore was a need for reform. "It is a provision in the Islamic law giving a chance to men and women to end their lawfully wedded relationship if it doesn't work out. My organisation wants abolishment of halala (practice of re-marrying a woman so that she can marry again her first husband), which is worse than rape," said Amber. (timesofindia.indiatimes.com)
Several experts have attacked the practice of triple talaq on various constitutional grounds, including the right to equality and termed it “abhorrent”. (LIVE updates) It has been banned in more than 20 Muslim countries, including Pakistan and Bangladesh. A paper titled ‘Reforms in triple talaq in the personal laws of Muslim states and the Pakistani legal system: Continuity versus change’ details how a few countries moved away from the practice. (hindustantimes.com)
India is following countries like Pakistan and Bangladesh
Pakistan and Bangladesh
“The MFLO (Muslim Family Laws Ordinance), 1961, has abolished triple talaq as the procedure laid down in section 7 is largely applicable to one or two pronouncements. Furthermore, some subsections of section 7 are in clear contravention of Islamic law... Section 7 of the MFLO seems to have abolished triple talaq and thereby Ibn Taimiyah’s position seems to have been, by implication, adopted both in Pakistan and Bangladesh.”
Egypt was the first nation to reform its divorce system in 1929. According to the paper, “...it provided that a divorce accompanied by a number expressly or implied, shall count only as a single divorce and such a divorce is revocable except when three talaqs are given, one in each tuhr (the period between two menstrual cycles).”
According to the paper, under Article 30 of the Tunisian Code of Personal Status, 1956, divorce pronounced outside a court of law would not have any validity whatsoever. “Under Article 32, no divorce shall be decreed except after the court has made an overall inquiry into the causes of the rift and failed to bring about a reconciliation.”
Sri Lanka’s Marriage and Divorce (Muslim) Act, 1951 provides that a husband intending to divorce his wife ‘shall give notice of his intention to the qauzi who shall attempt reconciliation between the spouses ‘with the help of the relatives of the parties and of the elders and other influential Muslims of the area’, the paper says. “However, if after thirty days of giving notice to the Qadi, attempts at reconciling the spouses remain fruitless, ‘the husband, if he desires to proceed with the divorce, shall pronounce the talak [sic. talaq ] in the presence of the Qadi and two witnesses.”
India is showing grit
India for the last 7 decades has not been able to get out of this hangover of overly showing it is a secular country. But it is now moving more surely to showcase that it has the strength of put ills like Triple Talaq and Polygamy. The Supreme court has been strong to take this decision but it couldn't have been taken without the central government backing it.