Talaq Ban And The Hypocrisy Of Government

 There is uproar all over the country ever since Shayara Bano and co. resorted to the supreme Court of India about talaq e biddat and subsequently the court declared the practice of triple talaq as void and illegal.Then our government added fuel to fire by bringing the practice of instance talaq into the realm of crime.

As a matter of fact BJP government's planning to ban muslim practice of their personal law got impetus when 36 year old Shayara Bano challenged the controversial practice of instant talaq or talaqe biddat before India's top court. Shayara Bano who hails from Utterakhand was divorced by her husband, Rizwan Ahmed, by pronouncing the word talaq thrice through a letter sent to her on October 15,2015 when she was at her parents' home. The apex court later tagged the petition of four other women with similar cases with Bano's petition. These four women include Gulshan Parveen(30) from Rampur UP, Aafreen Rehman(28) from Jaipur, Ishrat Jahan(31) from Howrah in West Bengal and Atiya Sabri(28) from Shahranpur UP.

Then these women got baking of Bhartiya Muslim Mahila Andolen (BMMA) led by Zakiya Soman, the wife of Soman Nambiar.

The Supreme Court in its landmark verdict ruled that the practice of triple talaq is void and illegal. The five judge bench set aside instance triple talaq (talaq e biddat) by a 3/2 majority with Justice J. S Khehar and Justice Abdul Nazeer backing the triple talaq. They maintained that triple talaq was part of Muslim personal law and hence enjoys the status of fundamental rights.

The court also directed the government to form strong legislation to avert such type of practice of instance talaq.

But the government found it as the best opportunity to hammer the iron as it was hot.It brought the matter into the realm of crime. Though the bill could not be passed, some baffling questions remained unanswered.

Firstly, the government says the practice of triple talaq is banned in other Islamic countries including Pakistan. Yes we nod. But only one side of this ban is highlighted by so-called third eye of democracy (media). The reality of ban in these Islamic countries is that if a husband gives instant talaq to his wife, his talaq is accepted religiously and officially . Their married life will no more continue. As the husband has committed the crime of talaq, he will be punished. But here in India, the proposed bill says the marriage is still valid even after triple talaq. If their nuptial life is still alive, it means the husband has not committed any crime and hence he can neither be persecuted nor be punished.

Secondly, if the husband gets confinement, who would run his family and look after his children. Is there any provision or facility the government would provide in the absence of the husband ? Would the government maintain all the expenditures? Definitely the answer is a flat NO. If it is so, the plight of divorcee would be in dire condition.She would go through a great predicament. Naturally she will depend on others for upbringing her children. In this case, there is an ample possibility that she might face exploitation.

Is there any possibility if reconciliation between husband and wife after his acquittal ? Again you will negate. Will in-laws accept their daughter in law as she has sent their son into prison. The society would also label her as an ominous black blot on society. Moreover, what about her children? Would they not be called as the e children of a criminal?

Fourthly, since the matter is related to public domain, the government did neither consider it indispensable to interact muslim personal law board nor did it release the bill for public discussion. The government did also not think it useful to consult with women's rights groups on the issue. Are these women like Sayera Bano and co representatives of all muslim women ? What about those 5.8 crore muslim women who opposed the government's move by sending their signatures along with Aadhaar card numbers and other proofs? Does the government not want to give justice to these women ? Isn't this issue of talaq concern with Astha as the bhagts echo the same sound in the matter of Raam Mandir ? Isn't it Hypocrisy or double standard of the government?

Fifth, has the government solved all the problems of India including unemployment, terrorism, dowry system, illiteracy etc that it is trying to solve the the remaining personal issues?

Last but not least, did the government peruse the ratio of divorce in other religion ? So far Muslim community is concerned, the talaq rate in Muslims is only

1.3 % (13 talaq out of 1000 marriages) which is far less than other religions including different sects of Hinduism. If a muslim husband is criminal due to talaq, what about husbands belonging to other religion? Are they criminal too ? if not, why is this type of discrimination being meted out to muslims only. why are they being marginalised?

To conclude , talaq is not a compulsory practice. it is the best possible option to part ways. We don't favour the person who give talaq without any reason or uses this option of talaq only for terrorising his wife.We vehemently condemn such type of blackmailing or harassment. Talaq must be avoided. Our Prophet Muhammad (pbuh) said :

"Allah did not make anything lawful more abominal to Him than divorce"

Further Our beloved Prophet (pbuh) says

"Of all the lawful acts, the most detestable to Allah is divorce"

All this proves that talaq is ultimate option and must be avoided till last end. But whatever ill the government is doing in the name of empowering women is not acceptable. The government's stand on talaq is nothing but Hypocrisy and a plotical play. It doesn't have anything to do with muslim women. The government's planning will plung women into deep perils of darkness. Only the morons can believe the government's Hypocrisy. If the government really wants to uplift the muslim women, it must fram positive strategies by which women can get education, and can become earner and spender. Banning triple talaq is not the remedy of any malaise. It is such type of remedy which will make illness more severe.