"The concept is exploited routinely, and because divorce is taboo in India, women are afraid to leave their husbands. This is unlike Arab countries, where divorced women get marriage proposals," said Dr Asma. She says that this is perhaps the reason why Shayara wants to go back to her husband who ill-treated her.
Women Muslim leaders on Friday unequivocally agreed that the triple talaq system exploits women, but contended that the reforms should come from within the community rather than being enforced by the judiciary or the legislation.
Dr Asma Zehra, executive member of the All India Muslim Personal Law Board (AIMPLB) says that the concept of divorce under the Quran keeps in mind the problems of both parties. "The talaq ratio in India, within the Muslim community, is very less. In the last ten years, there were 1 in 1000 divorces within Muslims in India, whereas in India the overall number was 13 in 1000 divorces. The ratio in the US is 500 per 1000 divorces. Within Islam, even a woman has the right to dissolve a marriage under khula, and even the qazi has the right to dissolve marriages," she says.
"The concept is exploited routinely, and because divorce is taboo in India, women are afraid to leave their husbands. This is unlike Arab countries, where divorced women get marriage proposals," said Dr Asma. She says that this is perhaps the reason why Shayara wants to go back to her husband who ill-treated her.
Shaista Amber of the All India Muslim Women Personal Law Board (AIMWPLB) says that the system of triple talaq does not take into account the concerns of Muslim women, and needs to go. "Shayara was sent the triple talaq through the mail. When she went to the maulana with the letter, he said that it is legitimate. How did he say that? Under the Quran, the man must give the woman enough time to reply. The first utterance must be followed by a month, and it should continue till three months have lapsed," said Shaista. "This is Shayara's human right, and she is well within her rights to claim it. If the personal law board does not give that right, she will have to go to the Indian courts."
Uzma Naheed, the first woman executive member of the All India Muslim Majlis Mushawarat (AIMMM) says that the concept was intended to warn men initially, and that men have exploited it over time. "Men are routinely misusing the law to their own benefit. The form under the Quran for talaq-e-ehsas is the most genuine one. Ulemas in India must make the other forms illegal. We believe that only the ulema have the right to offer a solution to any problem that arises in the community," said Uzma.
The Supreme Court on Friday granted six weeks time to the All India Muslim Personal Law Board (AIMPLB) to clear its view on the triple talaq issue. The SC was responding to an appeal by Nainital-based Shayara Bano who had approached the court to declare triple talaq unconstitutional. Bano, who alleged that she was made to go through six abortions by her husband and made to take contraceptive pills that made her unwell, said that she received a telegram in which her husband divorced her.
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