Map powered by DevInfo, UNICEF Crime in India-2014
By DR (MRS) SABA TAJ argues that the ever rising crime against women rather than non-issues like triple talaq or polygyny should be the topic for discussion today.
In the present scenario of India, the media and others have woven the controversy about triple talaq. They are trying to create an environment that Islamic Laws which are also called Sharia Laws are somehow doing injustice with Muslim women. They are not giving proper right to their women and rate of divorce is high because of Triple Talaq. But the fact is that divorce is not a very common practice in the Muslim community; this was supported in different reports and studies and published by media as well. The India Today on April 8, 2017 and The Hindu on April 10, 2017 published the report that “The divorce rate is low in Muslim community as compared to the other communities of India”. Also the Darul Qaza (Shariya Court) Jaipur said that out of total number of cases registered with it only 2-3% of cases are related to divorce, of which most of the cases were initiated by the women.
(Source: National Crime Records 2015
The women’s wing of All India Muslim Personal Law Board (Jaipur) claimed the rate of divorce among Muslims was low as compared to other communities. This was supported by the recent research (April 8, 2017, Jaipur) presented by Muslim Mahila Research Kendra in association with Shariya Committee for Women, which showed that the number of cases of divorce for Muslims stood 1,307 against Hindus at 16,505 and for Christians it is 4,827. These figures were from the eight districts of India in states like Kerala, Maharashtra, Telangana, and Andhra Pradesh.
People think the process of triple talaq, Nikah halala and polygamy gave right to males only and it is male dominating system of law; there is no gender equality; and Muslim women are not getting the proper rights. However, the process of talaq and rights of women are clearly mentioned in the holy book of Qur’ān. We need to understand these issues in a proper manner. On the other hand, in India there are so many fiery issues such as dowry, domestic violence, child marriage, sexual harassment, etc., which are affecting the status of women across the communities. In India the rate of crime against women is reported as 56.3 in the year 2014.
National Crime Record Bureau (NCRB) published data shows 34% increment in Crime against Women (CAW) over the last four years to 2015. It has gone up from 41.7 to 53.9 between 2012 and 2015. In 2010, the growth rate of CAW was higher than the population growth rate (NCRB, 2010).
If we are talking about women empowerment, women rights and gender equality, these issues need to be addressed first and more prominently rather than targeting only the Muslim community. Triple Talaq and polygyny have become political agenda. On the basis of these non-issues they want to annul Muslim Personal Law (MPL). However, Islam is the religion for all mankind irrespective of caste, country, colour or any other division we establish. So as per the teachings of Islam, it doesn’t matter what religion you are following, we all are the children of Prophet Adam. The Muslim Personal Law is Islamic Law that is described by Allah in the holy book Qur’ān.
In Islam, divorce is the last option, if nothing else works and there is no way out to survive the marriage. But it is not the preferred route. Islam regarded divorce as hateful and reprehensible. Thus, it has been criticised in Hadith also.
“Narrated Abdullah ibn Umar: The Prophet (peace and blessings of Allah be to him) said, “Of all the lawful acts, the most hateful to Allah is divorce.” [Reported by: Abu-Dawud]
The Personal Law system is deep rooted in the Indian Society (such as Hindu Personal Law, Christian Law etc.) People of other communities follow their respective specific laws just like Muslim Personal Law in India. Issues like Triple Talaq and polygyny cannot be resolved by political expression and trial of media. We need to know these issues in their proper perspective.
Islam has given many rights to women (Rights to get education, Equality of reward for their deeds, Right to own property, Right to marry and Right to obtain divorce). Even if it may be true that some women are getting affected by practice of triple talaq, the fact remains the same that women across communities, who are divorced live under threat and fear, because of rise in CAW in India which in turn impacts their status and their right to live with confidence and dignity. That is why I would like to put forward a question. “What should be the topic of discussion? Triple Talaq or CAW”?
According to fundamental rights enshrined in the Constitution of India (Article 25), the citizens of India have the right to follow their religion. Muslims are following criminal laws as per the Indian Law system. At least they should have the right to follow Islamic Law in their personal life.
[The writer is recipient of Pt. Ravishankar Shukla Gold Medal in M. Sc. Bioscience, 2008; 9th Chhattisgarh Young Scientist Award, Bioscience, 2011; and Jamia Award for educating orphan students of “Jamia Barkatia Fatimia Madarsa Aman Nagar Mova, “Raipur, Chhattisgarh, 2010.]