Many contours of talaq talaq talaq

President Ram Nath Kovind on July 31st gave his assent to the Muslim Women (Protection of Rights on Marriage), Bill, 2019, which criminalises 'triple talaq' among Muslims and attracts a jail term of three years for the husband. This decision has divided the Muslims into two sections; there are those that are against the triple talaq, and then there are those justifying the practice and firmly believing in the religious foundation.

At the DNA Samwad held this Friday, panellists spoke on the impact that the triple talaq law will have on the community and the need for reforms on nikah halala and polygamy. Speakers brought up issues like codification of personal law and the necessity for women to speak up against injustice. Panellists comprising Advocate Rukhsar Memon, volunteer member, Bharatiya Muslim Mahila Andolan, Abha Singh, lawyer, Rida Rashid, BJP -minority cell member claimed it to be the ultimate move for the liberation of Muslim women; while advocate Huriya Patel, representative of women's wing of All India Muslim Personal Law Board, Shaikh Aaein Raza, representative of women's wing of AIMPLB, and Haseena Khan, Bebaak Collective debated against the Act.

FOR

Rida Rashid, Member, Minority Cell, BJP

The Quran doesn't allow instant triple talaq and many who have learnt the Quran have reiterated the same. But then there have been many cases where a man has given instant triple talaq, and it has been held valid. Immediately after, meher and other issues are then discussed with the woman. There are terms and conditions that a man is expected to follow during triple talaq but they aren't followed.

Many men have used triple talaq as a tool for second marriage. There have been cases where a woman is tortured threatened with triple talaq if she refuses to agree to man's decision of second marriage. Women have even approached the police under section 498-A but nothing has been done.

The one who walks on the path of holy Quran do not fear the new rule of triple talaq that the government has brought in. This Act will help women who want come to a logical conclusion.

Meher amount isn't sufficient for a woman to lead her life after divorce. For example, in my case, the meher decided 20-years ago was Rs 11,000. It is impossible to lead the life with this amount in this age. Women have to come out and talk about triple talaq. It is after the government intervention, the instances of triple talaq has come down.

Halala and instant talaq should be abolished. If a woman has to undergo halala, then it is equal to being punished for 30 years, whereas in case of triple talaq a man has to undergo just three years of punishment. In many cases a woman returns to her husband for the sake of her kids. Its a general belief that a Muslim marriage is a contract, and a Hindu marriage is for seven births.

When we talk about equality, there are people within our community who think that the discussion is futile and our energy is of no use. They do not consider us most of the times. They do not respect us because we have changed ourselves for better and are now raising our voice. When the issue of triple talaq was raised, some women spoke against it. This is purely because the men in the house asked them to, as they felt that it concerned them, or else these men do not allow women to step out even if it concerns their well-being. In this age, if a mother is quiet, the daughter will raise her voice, because she is now well aware of the law. She will take the issues ahead and get justice for her mother.

Abha Singh, Lawyer

Many are of the opinion that the Act will affect the stability of the family if the man is imprisoned for three years. If a man can divorce a woman on frivolous issues such as not liking the tea, then there is a problem. Women should be treated with dignity, and that's why women approached the Supreme Court.

There are laws that will help the wife get maintenance. Law allows shared household and the woman has the complete right to live in that same house. Also she can take back the case if she wishes to. The purpose of the law is to protect Muslim women. Criminalisation of triple talaq was important because till the time, there is no punishment nobody will follow.

Nikah halala frames a woman as a commodity. This is treating a woman worse than an animal and it should have been abolished long time back. This law against the practice of triple talaq is to liberate women. They are being treated as equal and as a legal entity. I have a written a book called Stri: Dasha aur Disha on women's rights. In the book I have mentioned various instances at which a man is likely to divorce his wife. However, be it any reason, the woman always comes back as she is concerned about her children.

Coming back to Nikah-Halala, the practice is regressive, retrograde and it should have been abolished much before, but it was delayed due to vested interest of some political parties. More than 20 Islamic countries have already prohibited the practice of instant triple talaq and nikah-halala.

Shayara Bano was a case of instant triple talaq, and she fought for injustice. I am happy that at least instant triple talaq will not be practised anymore, and now nikah halala and polygamy should be abolished too. Now a woman can sentence a man to three years in jail for mental cruelty on the grounds of shaming them on complexion. In a nutshell, criminal deterrence is required to send a message to this patriarchy that you have to treat women equally.

AIMPLB had brought women on the streets before the instant triple talaq bill was passed by the Parliament, but no procession has been organised by the Muslim men with respect to banning Nikaah halala or for putting an end to polygamy. I am surprised even progressive Muslims youth have not protested against the way their mothers and sisters are treated. I would have expected the new generation to come out.

A woman has long been regarded as a symbol of sacrifice and that continues till date. And the AIMPLB has used this weakness to their benefit. I have seen during elections in UP, the Muslim women voted as per the instructions given by their husband. Surprisingly, in 2019, women outnumbered men in terms of voting in certain areas in the state, especially in Muslim dominated regions.

AIMPLB has blocked the community from the outside world so that the community at large will listen to them. The men and women are still not allowed to offer namaz together in a Masjid. Even in the case of Haji Ali dargah, they stopped the entry of men when women were allowed to enter the shrine. Same is the case with Sabarimala. One cannot discriminate on the grounds of gender, and this is mentioned in our Constitution.

Civil society plays a major role here. Criminal laws are followed by everyone, and civil laws are not because we are trying to protect our traditions. Be it women of any religion, when they are discriminated, they are violating Article-15, which is Right to Life. The dignity of women is exploited everyday, whether its allowing them to enter a temple or masjid, giving instant divorce, or being asked for halala. Not just marriages, but even for live-in relationships, we are fighting for equality when it comes to maintenance and property. Every man has different parameters for his wife and daughter. But its no more about daughters, sisters or wives its about women in particular. Every woman irrespective of her relation with a man deserves equality and respect.

Advocate Rukhsar Memon, Volunteer member, Bhartiya Muslim Mahila Andolan

It is wrongly perceived that the passage of the Muslim Women (Protection of Rights on Marriage) Bill, 2019 criminalising triple talaq will break the family. But, the fact is that it will provide a channel of conciliation and mediation in case of divorce. A proper procedure of talaq (divorce) needs to be followed.

As per the new bill, divorce is a three stage process. First, the husband and wife can sit together and discuss their issues and find the solution. If the problem persist, husband can give a warning in the second stage. And, in the final stage, they can involve their families to reach to a solution. If all these effort do not yield results, the talaq or divorce can be looked up to as an option.

There is also need to understand that the bill will not bring children and family on the street. There is a provision in the bill which gives six months time to reconsider the decision. The three stage procedures mentioned above can be followed. Women all these years have lived under fear of getting divorced anytime. This law will empower women.

There were cases where husband regretted his decision of instant triple talaq and wanted to bring back his wife. But, as per the previous system, the wife had to go through halala. Everybody is well aware of the wrongdoings that are done under the pretext of halala. There are maulvis who are charging from Rs 2,500 to Rs 3,500 for providing man for the halala. This is nothing but rape. Men are selling themselves. In the present scenario, maulanas are going to any extent for money. We need to understand that we are living in 21st century.

Criminalising of triple talaq is very important as it takes away the liberty of man's freedom. Many women have approached Muslim Personal Law Board seeking solution, but the response from the board was unacceptable. Women were advised to go for halala as the only option.

Triple talaq continued even after the ordinance. A woman from Bhopal was divorced by her husband from Mumbai by uttering talaq thrice over phone. The reason was her husband was already married with a child. He did not want to live with this woman and gave her pills so that she has a miscarriage. There is need to understand the seriousness of the issue. Around 237 cases of triple talaq have came into light after the ordinance in 2017. I suggest that when there is situation of divorce, the family needs to sit together and discuss issues like raising of children and family's future which does not happen under the triple talaq. There is need of codification of law and it has started with Triple Talaq Bill.

AGAINST

Advocate Huriya Patel, Representative of women's wing of All India Muslim Personal Law Board

The Bill has been very hastily drafted and is insensitive. There is clarity on certain points but there is no answer as to how it will be put in practice. If the husband is put behind bars for practicing triple talaq, who will run the family, who will earn for the family. These issues need to be addressed. There is no time frame given to resolve the case. As per the landmark judgment by the Supreme Court, if the husband practices instant triple talaq, it is considered void and ineffective, there is no need to criminalise it. For instance, the government has decriminalised homosexuality and adultery, so anything said by anyone will be considered void, there is no need to criminalise it.

In the Muslim community, in most households, a man is the breadwinner of the family. Many women are uneducated, and even if they are educated, they are mostly homemakers. The responsibility of a husband is not only limited to his wife, but the family consist of parents, sibling, kids as well. After this Act, imagine the family situation if the head of the family, or breadwinner is put behind bars for three years. How will the wife be able to face challenges of criminal suits? She knows nothing about the legalities. Also incase of a bail plea, the woman will have to run from pillar to post all by herself. So, are we addressing her issues or burdening her? Financially and emotionally who will support her? What effect will this have on the kids? Women in society need stability. In our society, we have been raised to believe in family as an institution, what will be the consequences after the man is put behind the prison?

If there are situations where the need for divorce arises, men will eventually abandon the wife. This Bill will increase such cases, and this is our main fear. The main source of information for the Muslim community is the Quran. Whatever is written in the Quran will be followed by a religious person.

All Muslims have faith in the All India Muslim Law Board. They have their own strategies in place to resolve certain issues. Right now, we can't comment on why concerns related to codification is being raised by other organisation and why it was not taken into consideration. India is a land of diverse cultures. But people have biases towards a particular culture. There is sympathy but what is required is empathy.

Haseena Khan, Founder, Bebaak Collective

The battle was on since 1984. Awaaz-E-Niswaan spoke about it first. Our Bebaaq Collective is working in four states and we had approached SC when Shayara Banu issue had come up. We filed a case and Indira Jaisingh had fought it. Our argument was that gender biases should end. Our constitution talks about equal rights. It had never happened in the past. A court judgment won't change patriarchy overnight. Despite laws against dowry, it is still present. The government machinery needs to work on these social issues.

The BJP government has followed a minority bench judgement to pass this law. These are civil laws and if you criminalize them then it can impact it's structure. First the law was bailable and now it is non bailable. There are many confusions. What will be the status of marriage and is it over or not after the husband is booked. How will you decide ? Who will take care of the kids and the lady when the husband goes to jail. What I am saying is that you have to implement domestic violence act properly. We are not saying there is no problem with the personal law board. I am saying that we have to separate religion from law. There are two lawyers here. In SC, it is said that instant triple talaq was banned because method was wrong. How can you bring out a law for women without speaking with women organizations? You even didn't bring select committee in the purview. We had some suggestions on the law. Why is there no transparency? The government's concern for Muslim women is fake.

Criminalization bill is not the solution. It is law that frightens and it is bereft of justice. We are against this law and we also oppose how some members of opposition who walked out when this law was getting passed. We have 498(A) and we have filed many cases under the law in the past. Polygamy, Halala and triple talaq all was brought up for condition however the Supreme Court only ruled on triple talaq. It is a failure of the Supreme Court that it didn't take up Halala and polygamy. What is the intention of the government to take these issues ? Quran is not my law. I won't go to the court with the Quran in my hand but rely on the Indian constitution. If my personal law doesn't protect my rights I don't want it. Deserted women should also be spoken about. The government is running it's agenda using Muslim women as a shelter. The government had one stand about Sabarimala and has another about Triple Talaq. This is a dual face of a Hindutva government. This is not transparency.

Codification is an exclusive process and it should be more inclusive like Gender just law. We had taken a delegation of 100 Muslim women to Jamia Milia. However, the Muslim Personal Law Board said we cannot do much as we are an NGO. It is a patriarchal organization which is guiding the Muslim women. The Maharashtra state government only spend 20 crores out of the 90 crores allocated for minority welfare and the other 70 crores lapsed. We don't see any truth in the government's intent. The Quran says that once a girl attains puberty she can be married. Are we going to follow it ? Are we like Afghanistan or a theocratic state ? All women are not one and they have multiple identity and choice. There should be a Gender just law which brings the vulnerable sections up. If you are talking about Uniform Civil code then where is the draft ? If I am doing bad there should be a law that doesn't scare or victimize but gives justice. The Muslim Personal Law Board is a balloon of men. Mob lynching also needs to stop. If my brother is attacked then I am scared. An individual's(women's) identity depends on caste, class and location. If you first protect me (from lynching), educate me and give me a feeling of safety only then will I feel safe to approach you and you can take my rights to the parliament.

Shaikh Aaein Raza, Representative of women's wing of All India Muslim Personal Law Board

Speakers present here have explained very nicely about Quran and the process of Triple Talaq as per it. But still, a man will be free to do whatever he wants. Yes, its true that when a man gives a triple talaq to his wife, she will not get homeless or will be on streets with her children because she has meher for her support.

The aim of giving meher is because it provides security to the woman. But criminalising triple talaq will not end the issue completely. It is not guaranteed that a man who spent three years in jail will come back and stay peacefully with his wife. If the man wants to do something according to his will, he will do it regardless of the punishment. There are many laws and bills for prevention of crimes, but rape and kidnapping are still a reality, so you cannot guarantee that this bill will safeguard the Muslim women completely.

Instead, Muslim women will not be safe and because of this bill. This will confuse a Muslim wife about her marital status. She will question herself if she is still married. She will be unsure of whether her husband would come back to her after spending three year in prison. These questions will bother her for three years.

Halala on the other hand is the biggest punishment for a man because after instant triple talaq, if a man wants his wife back, she has to go through a second nikah and then go back to her earlier husband. The husband will be jailed after he has practised triple talaq. If he comes back, and commits the act again, he will yet again go to jail for three years. The crime rate will reduce with a strong punishment. Since this was happening, they decided to ban instant talaq through the way of halala. So, if a man wants to get back to his wife, she will have to go through another nikah first. This is the most difficult thing for a man. There is respect for women in Islam.

About the issue not being sorted out by community members or by Muslim Personal Law Board, how many women were approached? Discussing these issues in the newspaper and on television is fine, but doing it at the ground level is what will make a difference. You raise an issue on the government's decision, but there are so many women who are happy in their marriage life. Yes, they do sacrifice. There are so many Muslim women who are doctors, lawyers, so it depends on the mentality. Islam has not said to not educate a woman and impose them to stay at home and bear children. Instead, Islam promotes education for women. I have full faith in the Muslim Personal Law Board.