When hundreds of basic issues are awaiting justice, the government is busy giving justice to Muslim women – their first special agenda after winning elections. Finally the Triple Talaq Bill was passed, bringing a smile on some people’s face as they really don’t know the fact behind the issue. By criminalising triple talaq which also goes against the constitutional rights enshrined in Articles 14, 15, 21, 26 and 29, the government has tried to serve its agenda of punishing Muslim men in the guise of the issue of divorce.
Islam is a religion of peace. At this juncture where Islam is viewed as an extremist religion, one must go through the teachings of Islam and know the difference between God-made laws and man-made laws. God is the supreme power of the universe. He has created human beings. As we take a glance at everything on earth, for example: water, air, sky, trees, sun, moon, rain, everything is a human need. God has created all these for human existence. In addition to this, God has gifted human beings with relationships, such as mother, father, sister, brother, husband, wife, children and so on. The Quran is the Word of God which describes the way of life people should follow in this worldly life; they are accountable for their deeds good or bad before their Lord on the Day of Judgement.
Divorce is the dissolution of marriage. The marital relations between the husband and the wife come to an end. Different laws are applicable to different religious people. Talaq is the name used by Muslims to mean divorce. In Islam there is a time of about three months for a marriage to dissolve. In this period of time, both the families make utmost efforts to save the marriage. Thereafter if the efforts fail, the relationship ends, and the woman is free to marry anyone of her choice. According to the bill the woman will have to wait for three consecutive years for her husband to return from jail.
The question arises here is why would a wife like to send her husband to jail? If she sends her husband to jail, will it not damage her dignity and how will she survive with her children in the society? Who will give maintenance to her and her children for three years? After three years, will she accept her husband? Or will her husband be ready to accept her as his wife? What will be the status of children in the society? If the man has daughters, who will marry them as their father has a ‘criminal’ record? If the motive was to protect a Muslim wife from an unhappy marriage, no reasonable person can believe that the means to ensure it is by putting an errant husband in jail for three years and create a non-bailable offence for merely saying talaq, talaq, talaq.
Protection of wives cannot be achieved by incarceration of husband. Furthermore, the offence is confined only to Muslim husbands. Apart from this, if this bill is analysed from another viewpoint, merely the word talaq uttered thrice is an offence. If the husband leaves his wife without saying anything has nothing to do with the bill. Now, this is not a political issue, as said by the ruling ministers, but gender justice.
If this is a step towards gender justice, why the husband is departed from his wife for three consecutive years? Why so many Muslim men were killed in the name of cow, in the name of chanting few words, in the name of child theft, as seen in the past five years. Weren’t women suffering in all these cases? Why were they not given justice? Why were they not protected during these cases? When we see a pattern of politics from Love Jihad to Triple Talaq Bill against Muslim men, will that not affect Muslim women also? On one side the BJP government plays a pattern of politics against Muslim men while on the other it acts to show ‘mercy’ on Muslim women in the name of protection.
It would have been more fruitful, if the husband and wife were counselled according to the Islamic law and then in the light of this compromise made to continue their relationship. After this effort, if the husband and wife or any one of them does not will to continue the relationship, then the need of divorce is valid. People want to solve their personal problems at home within families. When the matter is taken to the police, it becomes a nuisance and the moral dignity of both the families is damaged.
The petition contends that the Supreme Court has already declared the utterance of triple talaq null and void. The marriage continues despite the utterance of triple talaq. If triple talaq has thus no legal effect, why should the government go ahead and make it an offence now?
However, it is high time Muslims maintained cordial relationships in family and society in the light of the teachings of Islam. This is the only way they can win the pleasure of Allah and achieve success here and the hereafter.