Lok Sabha on December 28, 2017 passed ‘The Muslim Women (Protection of Rights on Marriage) Bill 2017’, known as the Triple Talaq Bill, in a hurried manner without proper discussions. This bill makes Talaq-e- biddat or pronouncing talaq thrice in one go a criminal, non-cognizable offence, which will lead to three years in jail and a fine to the husband.
Whereas a few non-religious people have welcomed it, a great majority of Muslims including the Ulema who are considered authorities on Islamic Shari’ah have opposed the Central Government’s move and termed it as interference in the religious affairs of Muslims. Saffron parties, right from the time they came to power at the centre, have been making concerted efforts to impose the majority rules and practices on minorities in the country. In the name of protecting Muslim women they have taken up this cause to interfere in the affairs of Muslim Personal Law.
SUPREMACY OF SHARI’AH IN ISLAM
Muslims the world over follow the Divine laws which are enshrined in the Holy Qur’ān and have been amply illustrated in the traditions of Prophet Muhammad (peace and blessings of Allah be to him). According to Islam, one who does not follow the Islamic law will be considered outside the group of true believers. Just because someone has a Muslim-like name or is born in a Muslim family, one doesn’t necessarily become a Muslim. To become a true Muslim, one has to believe in the supremacy of Islamic law and follow it in letter and spirit.
In Islam no one has the right to change or make amendments in the Islamic laws. Even a government in a Muslim country cannot change the Divine laws. Either they have to follow the laws or abstain from following the same. If they follow, they remain Muslims and get the blessings of Allah in this world as well as in the hereafter. Those who fail to follow the Islamic law in their life get punished in this world itself and more punishment will follow them in hereafter.
POLITICAL PARTIES ON TRIPLE TALAQ
This move is largely considered the brainchild of the Saffron parties led by the BJP, with other parties such as Congress also supporting the bill with some suggestions to strengthen the safeguards. Other parties such as RDJ, AIMIM, Trinamool Congress are opposing the Bill. Salman Khurshid, a veteran Congress leader, who is also former Union Law Minister, feels that “the proposed law will be an intrusion into the personal lives of individuals and bring the divorce, a civil issue, into the realm of criminal law”.
IMPORTANT ISSUES IGNORED
From the draft of the bill it appears that the Central Government has not considered many critical issues. If a husband is imprisoned for three years, as per the provisions of the bill, who will run the family of the divorced wife? Who will take care of her children? After three years, if the husband comes back, will the couple reconcile their differences and live happily? Are many such basic issues ignored while drafting the Triple Talaq Bill?
OPPOSITION PARTIES ON TRIPLE TALAQ BILL
Several opposition leaders have severely criticised the Triple Talaq Bill. Mr. Asaduddin Owaisi, MP, representing Hyderabad, feels that this bill will do injustice to women. Owaisi feels that Parliament lacks the legislative competence because it violates Article 15 of the Constitution (fundamental rights) and triple talaq has been declared null and void by the Supreme Court.
Brinda Karat, the leader of CPI(M) has also criticised the Government for attempting to push the bill through Parliament without holding any discussions or consultations with Muslim women and women’s organisations. Brinda Karat is of the opinion that divorce is a civil dispute. “Instead of looking at civil remedies, the Government is trying to look at criminal remedies,” she further added. She also feels that “While the government has claimed it will be of benefit to Muslim women, the voices of Muslim women have not been heard”.
AIMPLB NOT INVOLVED
Any legislation which is drafted precedes several consultations, discussions and eliciting of views from the subject matter experts. A legislation, which is drafted without any meaningful consultations with the subject matter experts, is bound to be a flawed piece of legislation. In this case All India Muslim Personal Law Board, which is the subject matter expert, has the think tank and the expertise in interpretation of Shari’ah, represents all sections of the Muslim community is not meaningfully involved in the triple talaq issue. In fact they have been sidelined by the Government.
AIMPLB has rejected the Triple Talaq Bill introduced by the Government. The Secretary of the Board Maulana Khalid Saifullah Rahmani feels that the bill is anti-women. Mufti Mohammad Sanaul Hoda Qasmi, member AIMPLB and Deputy Secretary Imarat-e-Shari’ah, says the triple talaq bill passed by Lok Sabha goes against the right to practise religion contained in Article 25 of the Constitution. “Article 25 gives religious freedom to people. The triple talaq bill has condemned the practice of divorcing Muslim women, which is against Article 25,” Mufti Qasmi added.
Asma Zahra, executive member of AIMPLB and its women’s wing, said, “The Union government ignored the views of 5.81 crore Muslims who sent their signatures along with Aadhaar card numbers and other proof to the Union Government as a mark of protest against the triple talaq bill.” She further stated that “Muslim women have the right to remarry after divorce or after the death of their husband. The triple talaq gives Muslim women freedom to start their life anew. What if the husband keeps torturing her for years? Would it be right?” she questions.
Zafaryab Jilani, convener of AIMPLB, says the centre is making triple talaq a criminal offence, which doesn’t happen in the case of divorce in other communities.
MUSLIMS LEADER ON TRIPLE TALAQ BILL
A cross section of Muslim leaders are now openly disagreeing with the provisions of the bill and are considering it an interference in Shari’ah. Mufti Mohd Mudassir Khan Quadri, Secretary Tanzeem Ulema-e-Ahle Sunnat, Agra, said, “Muslims will not tolerate interference of the Modi government in the Islamic law. If Modi had to prepare a law to restrict triple talaq, he should have consulted Islamic leaders first.”
Qadri warned that if the government does not make an announcement in this regard soon, it will be treated as an anti-Muslim step of the government and be dealt with accordingly. He said that it is clear that Modi wants to polarise the majority of Hindus in his favour before the 2019 parliamentary elections by showing his anti-Muslim character through such laws.
ISLAMIC SHARI’AH A BOON TO MANKIND
If the Central Government had commissioned a survey to identify the divorce practices in all other communities, the percentage of divorce, reasons for divorce and rehabilitation of divorced women, it would have opened its eyes to the reality of how Islamic Shari’ah is a boon to mankind.
The triple talaq bill could not be passed during the winter session of the Parliament as the Government which does not have enough support, decided to push to bill to the next session of the Parliament. The opposition also stuck to its demand to send the bill to a review committee. As there is some time left till the issue once again comes up for discussion in the Rajya Sabha, all the secular people must raise awareness about the ill effects of this bill among the people of the country and ensure that interference of the Government in the Shari’ah is stopped.