Wednesday, 10 May 2017

Supreme Court to Hear the Issue of Triple Talaq

The husband of the daughter of Sabir, the carpenter living in Ghaziabad, after harassing her for dowry, spoke Talaq Talaq, Talaq. She then went to the court. An FIR was lodged against Sabir's son-in-law on the advice of MLA Atul Garg. Garg told Sabir that if his daughter goes to court, security should also be provided. In the Uttar Pradesh government, Minister Garg said that no help is possible because under the Muslim Personal Law in India, three divorces are valid and the government can not do anything until the law changes.

The Supreme Court will also hear petitions challenging the validity of 'Nodh Halaala' and 'Polygamy custom'. If a woman wants to return to her husband after divorce after marriage, she will first have to marry another man and make physical relation with him. After this, after the divorce from the other husband, she can marry again with her first husband. Among all those who support three divorces, All India Muslim Personal Law Board and Jamaat-e-Islami are prominent. In the meeting on Sunday, the Jamaat raised the question that when Prophet Muhammad himself had no right to make changes in Sharia, how can the Muslim government or the courts grant permission to do so? Not only Muslim women but scholars and other Muslim organizations are also opposing it.

Along with Shi'a and Bohra communities of Islam, scholars associated with many other parties say that Shairiyat is made up of what is said in the Quran and Hadith. The Quran and Hadith describe the words of Prophet Mohammed and his actions. Scholars say that Sharia does not allow three divorces simultaneously. They highlight the importance of considering all things including the rituals of Islam, work practices as well as the jurisdiction.

All India Shi'a Personal Law Board (AISLB) spokesman Maulana Yasub Abbas said, "The need of the hour is to make a strong law." It should be like the anti-sati law so that any Muslim woman should be rescued from harassment and that the culprits can be punished. There is no place for divorcing at any time in the Shia community. "Bohra scholar Irfan Engineer, who was born on this issue, says that three divorces were non-Islamic, but the Center tried to take political advantage of this issue.

 He says, "This issue is directly related to the dignity of Muslim women but the government should leave it on the Supreme Court and should not try to take political advantage." Asad Raza, former editor of the Urdu National Razama National Sahara, says that this is a matter of completely male domination of any other religion. There is no mention in the Quran and it is a direct trauma on the dignity of women. 

According to an estimate, Shiite community in India is around 15% of the total number of 17 million Muslims, whereas people of Bohra community are only five lakhs, which is a sub caste. About 85% Muslims are Sunni who dominate the AIMPLB.


In this case, Haseena Khan of a petitioner Babak Collective says, 'All private laws are prejudiced against women. And it is not only about three divorces. Muslim Personal Law produces problems in divorce, property dispute, inheritance, adoption rights, etc. We have good reasons to believe that three Talaqs is unconstitutional. We do not care whether the Quran gives its approval or not. "Haseena Khan says, 'Our laws must bring gender equality. The court should also look at it in a secular perspective. '
                                 
                                                              ----Sonal

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