One of the most troublesome issues of an Indian Muslim woman’s life is the power of arbitrary divorce or triple talaq granted to men. Though there is no provision of ‘triple talaq’ in the Holy Quran and most Islamic countries do not recognize this form of divorce, the Indian Ulema have maintained an unflinching and unreasonable attitude in this regard.
Unfortunately technology has provided additional claws to the monster of triple talaq. The latest case to hog attention is of Ishrat Jahan, a 30 year old mother of four whose husband of 15 years pronounced triple talaqs to her over the phone from Dubai in April 2015.
Ishrat Jahan has approached the Supreme Court of India to challenge the validity of triple talaq. After hearing Ishrat the Supreme Court has sought response from All India Muslim Personal Law Board and the centre.
In this regard Ishrat Jahan’s lawyer Nazia Elahi Khan says that ‘Amid the controversy surrounding divorce by triple talaq, the intellectual calmness maintained by All India Muslim Personal Law Board (AIMPLB) is deafening as well as distressing. Board has been exercising a delaying tactic which has started to touch upon the Muslims living in this country. Board’s stagnancy or its faulty approach towards resolving sectarian uprising has disturbed a large section of Muslims. Board is unable to perceive the criticism coming out from around the country related to the discord of triple talaq. It is high time the Muslim Personal Law Board took due cognizance of the issue and played decisive roles in resolving the dissention.’
The lawyer who was herself divorced at a young age and is mother of a son, said during a conversation with MuslimMirror.com that a divorced woman in this society loses out on significant aspects of her life. She has no personal life because once she is divorced another man is not ready to give her the same status and respect again and if she succeeds professionally people still see her incongruously because of her single status. Khan pressed that the AIMPBL which was established to look into the issues of Muslims must consider these facts and take steps at the earliest to curtail arbitrary divorce which is devastating the lives of Muslim women in India.
She also said that if a divorce has to take place it should happen in accordance with Islam and Shariat and AIMPLB should give priority to Islam over political apprehensions.
Expressing full faith in the Supreme Court and Khan said that she has always got justice from there. She said that it is the Muslim community and AIMPLB which needs consider the matter seriously and come forward with the right decision.
Not only has the petitioner Ishrat Jahan been given arbitrary divorce, her children too have been snatched from her and she has faced molestation at the hands of her husband’s elder brother.
Ishrat Jahan’s petition is due for next hearing on 6th September.
While AIMPLB’s response to Supreme Court’s notice in Ishrat Jahan’s case is awaited it would not be wrong to say that during the past decades the board has remained insensitive to the plight of Muslim women to the point of audacity.
The inhuman, unreasonable and non Quran-compliant triple talaq is one of the most effective tools in the hands of those who want to see personal laws abolished and replaced with a Uniform Civil Code.
In a time when political forces are strongly pressing for implementation Uniform Civil Code in India, AIMPLB’s rigidity, indifference and irresponsiveness regarding triple talaq may cost the Muslims of India dearly.
AIMPLB SHOULD COME OUT WITH UNDER WHAT CIRCUMSTANCES TRIPEL TALAK CAN BE GIVEN.
PRESENT STATUS IS LIKE HUNG SWORD OVER WOMEN.
DO NOT KEEP MASSES BY JUST SAYING THAT TRIPLE TALAK IS HIGHLY OBJECTIONABLE AND IF GIVEN IT IS VALID.
UNDER WHAT CIRCUMSTANCES TRIPLE TALAK BE GIVEN.
AIMPLB SHOULD EXPLAIN AND NOT KEEP PEOPLE CONFUSED AND GVE CHANCE TO VESTED INTERESTS LIKE BJP AND OTHERS