Thursday, June 2, 2016

TRIPLE TALAQ: Insistent Calls From Within For Reform Of Muslim Personal Law


Triple Talaq: Insistent Calls From Within For Reform

Barely a week before the start of the Muslim Holy month of Ramadan meant for fasting, reflection and prayer, the Muslim women of India are  up in arms. The patriarchal practice of ‘triple talaq’, is under attack.

Muslim women, who naturally constitute half or more of the nearly 200 million strong minority in this country, have had enough.  The call for change is with specific reference to the manner in which the provision of ‘triple talaq’ is used exclusively by Muslim men, mostly in conjunction with polygamy. 

Typically, a younger wife is taken, and an older one retired unceremoniously, without alimony or means of support, and sometimes along with all her children.

The present contention is encapsulated in the Shayara Bano petition of 2016, challenging the constitutionality of ‘triple talaq’, at the Supreme Court of India.
Shayara Bano is a post-graduate in sociology, 37 years old, mother of two, forced also to undergo multiple abortions by her husband. She was then instantly divorced via a posted triple talaq, and separated from her children.

The Supreme Court has taken suo moto notice, and there promises to be a long-drawn legal battle. But Bano believes, it will, if successful, not only vindicate her stand, but benefit all Muslim women in India, going forward. 

Another lawyer/activist from Tamil Nadu, the 70 year old Bader Sayeed, has impleaded herself into the Shayara Bano case.

In addition, highlighting the gender divide on the issue, the first woman qazi of Uttar Pradesh, Hina Zahir Naqvi, has also called for an immediate ban on the practice.

Another Muslim woman advocate, Farah Faiz, of Muslim Womens’ Quest for Equality, an NGO in UP, who is also honorary national president of the RSS  associated Rashtrawadi Muslim Mahila Sangh, has moved the Supreme Court too. She is asking for codification of the Sharia’h based Muslim Personal Law and wants an end to practices such as polygamy and triple talaq.

A simultaneous broad demand for change has come spontaneously, from Muslim women at large. It is, of course, supported by the Sangh Parivar, well aware of its political and vote catching potential, and long demanding the establishment of a codified and transparent Uniform Civil Code.

Some 50,000 Muslim women have signed a petition sponsored by the Bharatiya Muslim Mahila Andolan (BMMA) via its co-founders Safia Niaz and Zakia Soman, against the ‘unQuranic practice’ of triple talaq.

The BMMA says it is striving for ‘equal citizenship…as enshrined in the Constitution, as well as justice and equality for Muslim women based on the Quranic tenets’.

The BMMA insists that: ‘the Quranic method calls for a 90 day process of dialogue, reconciliation and mediation’ before divorce can take place.
The organisation has asserted 92% of Muslim women, per a survey they have conducted involving nearly 5,000 respondents, want the practice  ended forthwith.

Their petition has been submitted to The National Commission Of Women (NCW). The NCW, in turn, led by its chairperson Dr. Lalitha Kumaramangalam, has announced its support.

The BMMA, in the interim, has also launched a country-wide signature campaign, in most of the states of the union, to enlist the support of lakhs of Muslim women.

The BMMA is backed by the women’s wing of the Rashtriya Muslim Manch (MRM), another RSS affiliated body. Its head, Shehnaz Afzal, has called for a registration of all Muslim marriages and divorces to prevent the practice of instant ‘triple talaq’.

The All India Muslim Personal Law Board (AIMPLB), established in 1973, to oversee the workings of the pre-independence Muslim Personal Laws (Sharia Act), enacted in 1939, however, is vehemently opposed to any change in the prevailing practice.

So are all its affiliates, such as the Darul Uloom Deoband, The Jamiat-Ulama-i-Hind,the Barelvis, plus the predominantly male qazis, and most of the other Muslim clerics.

The AIMPLB is also calling the move unconstitutional, and is challenging the very jurisdiction of the Supreme Court in matters concerning Muslim Personal Law.

However, this issue in its various ramifications, points to the possibility of self-driven reform. The extremely patriarchal ways will have to give way, and the AIMPLB may prefer to change rather than have the Supreme Court force/mandate them. The broader efficacy of Muslim vote bank politics also, is not, after all, what it used to be.

Muslim women too are unlikely to be cowed down this time. They are today more politically and socially aware, and often much better educated, and many practice birth control in defiance of the Mullahs. And some Muslim men, particularly the educated ones, are tacitly standing with them in support.

These women are clear that the Supreme Court is the final legal arbiter in the land, notwithstanding the orthodox AIMPLB attempt to ring-fence the matter. 
Besides, more than 20 Islamic countries including Egypt, Sudan, Morocco, Iraq,, even Pakistan and Bangladesh, are updating Sharia’h laws, as is Buddhist Sri Lanka, and have imposed an injunction against the use of ‘triple talaq’ by husbands. In Turkey and Cyprus, unilateral divorce even needs court intervention.

For: The Quint
(829 words)
June 3rd 2016

Gautam Mukherjee

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