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State asks NCW to consider banning unilateral divorce

Statement comes even as women's group write another letter to national women's commission with same demand

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File photo of Muslim women demanding ban on oral talaq
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Chairperson of state women's commission, Vijaya Rahatkar, has written to the central government to consider the demands of banning unilateral divorce, triple talaq (divorce) and other demands that were made by a Muslim women's group. The statement comes even as a fresh plea was sent by the women's group to the National Commission for Women (NCW) on Tuesday.

In its May 25 edition, dna had reported about the demands being made for banning triple talaq, oral talaq, unilateral divorce and halala (a practice where a woman has to marry another man first if she wants to settle with her earlier divorced husband) in the state.

Talking to dna, Rahatkar said, "I have met the group. The centre is the right forum for most of the demands that they have. I have written a letter to the centre, stating that their demands be considered. I will be going to Delhi in a couple of days and will also propose the same to the prime minister when I meet him. There are times when women are divorced through speed posts, calls or orally after which they suffer a great deal."

In dna's May 25 report on the matter, Rahatkar had not responded to calls from dna. On Tuesday, the group welcomed Rahatkar's decision. "It is a positive development that she (Rahatkar) is taking it forward," said Noorjehan Safia Niaz, founder of Bharatiya Muslim Mahila Andolan (BMMA).

"NCW is a slightly larger organisation. The idea is to build consensus from all the right corners. We are also sending letters to all the state commissions. Their opinion is very important and their (commissions) voices are heard at different government fora," said Zakai Soman, another founder member of BMMA.

Maulana Hakim Mehmood Dariyabadi, who is part of Darul Qaza (Shariat court) that looks after divorce matters, opposed the demand for a ban. He said: "This is the issue of religion. Islam is as per the Quran and Hadees. If a person is a Muslim, then he/she has to go according to that. They are free to do what they want. If they want to leave Islam, they are free to do that too. Who will decide who is a scholar of Islam? Tomorrow, someone could say that praying Namaz five times is too much and it should be reduced to one. There is a solution in case of unilateral divorce and that is increasing the Mehr (amount given to bride during marriage) and ensuring a second marriage easily. If everything is followed as per Islam, no problem will arise."

In response to this, Noorjehan said: "With respect to the opposition, the instant divorces are 'un-Islamic'. As Muslim women, we will decide what Islam is. Those who are opposing the ban are ignorant about what the Quran is saying. We have a right to interpret religion. It is not a private property of anyone." NCW chairperson Lalitha Kumaramangalam did not respond when contacted by dna.

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