India court bans Islamic instant divorce in huge win for women’s rights

1 month, 4 days ago

Controversial practice of triple talaq, which permits humen to dissolve weddings instantly, declared unconstitutional

An Islamic practice permitting humen to instantly divorce their wives has been proclaimed unconstitutional by India’s supreme court after decades of campaigning by women’s groups and victims.

The” triple talaq” has allowed Muslim men to dissolve weddings by pronouncing the word “divorce” three times.

The supreme court in Delhi took up the issue last year in response to a petition from seven victims and women’s groups. A majority of the bench proclaimed on Wednesday that triple talaq was ” not integral to religious practice and violates constitutional morality “.

Campaigners hailed the supreme court’s 3-2 decision as a huge victory for India’s 90 million Muslim women.

” It’s a very happy day for us. It’s an historical day ,” said Zakia Soman, the co-founder of the Bharatiya Muslim Mahila Andolan( BMMA ), an activist group that was party to the legal battle.

” We, the Muslim women, are entitled to justice from the courts as well as the legislature .”

The Indian prime minister, Narendra Modi, also welcomed the verdict 😛 TAGEND

Narendra Modi (@ narendramodi)

Judgment of the Hon’ble SC on Triple Talaq is historic. It awards equality to Muslim women and is a powerful measure for women empowerment.

August 22, 2017

A national survey conducted in 2015 by the BMMA saw roughly 1 in 11 Muslim females were survivors of triple talaq, the vast majority receiving no alimony or compensation.

Clerics had also started recognising instant divorces where the word “talaq” had been texted or emailed.

Arshiya Ismail did not even hear her husband utter the words. She told the Guardian last year:” One day, suddenly, he told me he had given me talaq. He said:’ I gave it to you four days earlier .'”

She has spent the past six years trying to have the Islamic divorce overturned so that she can leave her husband under India’s more progressive secular statutes, which entitles her to one-third of his salary to subsistence herself and their child.

” It’s wonderful news, I’m so emotional about it ,” Ismail said on Tuesday.” Basically my wedding still stands as per the supreme court. I was hoping for it but I still had my doubts .”

Triple talaq has been criticised even among hardline Muslim schools and was already banned in Pakistan, Bangladesh and across much of the Islamic world.

It persisted in India because the country’s Muslim, Hindu and Christian communities are permitted to follow religion law in personal matters such as marriage, divorce, inheritance and adoption.

Progressive Muslim women’s groups say Islamic religious authorities- uniformly male- have been resistant to give up men’s power to instantly leave their wives.

India’s Muslim community is also generally poorer and less educated than others, which activists say has built it harder for women to mount legal and social campaigns against the practice.

Islamic leaders have also warned that meddling with Muslim personal statutes may watch them one day dismantled altogether, in favour of a uniform civil code they are afraid would be Hindu-inflected and ride roughshod over their beliefs.

Modi’s Hindu nationalist government, whose party have all along pushed for a uniform civil code, had backed the petitioners in the case.

Each of the five supreme court judges belonged to one of India’s main faiths- Hinduism, Christianity, Islam, Sikhism and Zoroastrianism. The majority opinion said it was ” manifestly arbitrary” to allow a spouse to” break down[ a] wedding whimsically and capriciously “.

The All India Muslim Personal Law Board, a peak body of Islamic organisations, had said it considered triple talaq but argued against the supreme court interfering in religious law.

Nonetheless, Kamal Faruqui, a member of the board, said he considered the decision as a victory.

” It upholds the rights of Muslims and other minorities to follow their own personal laws ,” he said.

” There are just a few voices in the country that wanted to bring in a uniform civil code for all religious faiths, but the supreme court magistrates said a few weeks ago that they would look only at triple talaq , not at other customs. So Muslim personal statute has been protected by the ruling .”

Noor Jehan, another member of the BMMA, said she had celebrated the verdict in her office with sweets and soft drinks, but would begin lobbying for a more progressive Islamic divorce law.

” It is a historic victory for Muslim women, something we have been working for for 10 years ,” she said.” It is going to give immense relief to females but we need to pass a law soon. Our organisation has already prepared a draft law which we will send to the government .”

Additional reporting by Amrit Dhillon

Read more: www.theguardian.com

Leave a Reply

Your email address will not be published. Required fields are marked *