When hundreds of basic issues are awaiting justice, the government is busy giving justice to Muslim women, which has become their first special agenda after winning elections. Finally the triple Talaq bill has been passed and brought a smile on many 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 Article 14, 21, 15, 26 and 29, the government has tried to disguise the issue of divorce.
Islam is a religion of peace. At this moment 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. God 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. Holy Quran says, Quran is a God’s word and has described the way of life human should live in this worldly life and is accountable for his deeds good or bad in front of his Lord on the day of judgment.
Divorce is 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 in the place of divorce. In Islam, there is a time of 3 months for a marriage to dissolve. In these 3 months of time, both the families make utmost efforts to save the marriage. After 3 months when the relationship ends, the woman is free to marry anyone of her choice. According to the bill, the women will have to wait for three consecutive years for her husband to return from jail. The question arouses 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 3 years? After 3 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 in 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-bail able 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 other 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 lynching, as seen in the past five years. Were not women suffering in all these cases? Why were they not given justice? Why they were 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? One side, the BJP government plays a pattern of politics against Muslim men and the other side 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 compromised and continued their relationship. After this attempt, if both the husband and wife or any of them do not wish 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?
