New Delhi: The triple talaq bill is a travesty of justice that will only serve to break apart Muslim families. Modi government is cynically using the cover of protection of women to unnecessarily criminalise and harass Muslim families. it is also an infringement of the fundamental right to freedom of religion under article 26.
Triple talaq is a misguided social practice that is prevalent in only a minuscule section of the Muslim community. The All India Muslim Personal Law Board and community leaders and organisations have repeatedly spoken out against this practice, and in any case, a pronouncement of triple talaq does not have any effect in a court of law.
Under the current law, while a pronouncement of triple talaq will not lead to the dissolution of the marriage, a person accused of pronouncing triple talaq can be imprisoned without bail and sentenced to 3 years in jail. The current law will not only criminalise husbands for an act that has no legal effect, but it will also render complainants as effectively deserted wives.
Contrary to what the governments’ propaganda machinery has been relentlessly propagating, there is no demand for the criminalisation of triple talaq from Muslim women. However, this law must serve as a wake-up call for the whole community.
While divorce is considered the most disliked of all permissible acts in Islam it is a social reality. Islam recognises this reality and provides for a just and reasonable method of dissolution of marriage where it has become necessary and unavoidable. Unfortunately, Indian Muslims have very few forums which day can approach for the resolution of the disputes under the correct Islamic law and spirit. at this juncture, community leaders and organisations must take up the responsibility of creating more Qazi courts and other bodies which can be approached by Muslims for the resolution of their disputes.
Department of Media, SIO of India.
Syed Ahmed Ali(National Secretary, SIO of India)
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