Current Affairs

Suggestions for Triple Talaq Bill

Dear All

Assalamu Alaikum

I got busy with some important work and not able to write in details or put references required to bring my points home on anti Talaq Bill presented by the #BJP4India Govt. in the Lok Sabha on which a debate is scheduled on 27th December 2018.

However, here are some important arguments which can be taken seriously by any debater speaking against the motion. The speaker may find out the references for arguments where I stated citation needed within brackets in these arguments below:

1. The set of law – Talaq Bill against Islamic Talaq system is uncalled for, unnecessary, ill intended and wastage of energy because the SC has already void the effectiveness of Triple Talaq at one instance.

2. When certain expressions are inaffective and meaningless, how can they be counted among crimes?

3. Talaq, Talaq, Talaq are now, if considered  meaningful, became, I hate you, I hate you, I hate you. Saying “I hate you” is not a crime anywhere in the democratic world and not so in India too.

4. Only oral pronouncements of meaningless expressions is not a crime, then how on earth one can be punished for mere pronouncement of certain words which do not harm anybody, not break the relationship between wife and husband as per the SC order!

5. If the husband, his family members or anyone else force the woman out of house after the pronouncement of Talaq three times. It will, then mean, he or they have given meaning to the already void expressions by the SC, thus, he or they can be punished under Domestic Violence Act which has clear and enough provisions to address such matters. (citation required) This new set of law is not required at all.

6. The SC banned Triple Talaq in one go only (as Talaq-e Bid’at) (court’s text might be cited here) but this new bill aims to stop all forms of Talaqs which are immediately effective and clearly enshrined in the Islamic Texts such as Talaq-e Baien etc. Thus this Bill is against fundamental rights of Indian citizens and clearly against constitution of India which allows practicing and propagation of religions by all different religious adherents. (relevant articles from the Constitution be cited here.)

7. Khula is a form of Talaq-e Baien where a woman seeks Talaq from her husband when she finds it fit and better for her which is also affective immediately. This Bill also makes Khula a crime. Thus it is clearly against Muslim women. This Bill will snatch their rights, already guaranteed to them by their religion – Islam.

8. The Bill extensively speaks about Talaq-e Bida’t but it fails to precisely define it. Some forms of Talaq which are not immediately effective nor given in one go, are also come under Talaq-e Bida’t like giving Talaq when a woman is under going her monthly period, even if it is one Talaq only. (citation needed) Thus the Bill is drafted without application of minds by people utterly naive about Islam and with ill intention.

9. Marriage, divorce and inheritance etc have always been civil issues. Why only Muslim divorce is counted among criminal codes and why not all other cases of divorce of all religious groups? Therefore, this set of law is communally biased and clearly against minority rights. Thus, against constitution of India and against equality enshrined in it.

10. The issue of maintenance following a Talaq comes only when the Talaq is considered to be effective and the wife and husband are separated. Else, in general cases, maintenence of a wife is always compulsory over husband in Islam. Here as per the SC ordered dated…. 2017 and even in this Bill (clause…) Talaq does not occur at all. Then where from the issue of maintenance does arise? The Bill is a childish exercise without basic knowledge of Islam and Islamic jurisprudence.

11. The custody of children in case of seperation between father and mother is a well detailed issue in Islam. It is mainly left on the prerogative of the judge (qazi) with certain principles that he would decide it with due consideration of children’s age, parents financial, physical and mental conditions etc. Here in this Bill the custody of children is abruptly given to the mother, which she may not like to have due to various reasons. For instance, she may wish to get remarry or she doesn’t have enough physical or mental strength et al. Then, where would the children go? This Bill is blatantly immature and even against common sense.

12. It is reported by some media houses (citation needed) that Ishrat Jahan of… Bihar (Kolkata) who was among the applicants in the Triple Talaq case where the SC gave its Verdict dated…. and abolished Triple Talaq altogether, was not at all divorced, even with a single Talaq. Her husband…. (name) has been working in Gulf and she had an affair with another man. She ran away leaving her children at home behind with that man and created a scene stating that her husband has given her Triple Talaq and filed a case with the help of that man.

When media people contacted, her husband replied that he had never uttered Talaq at all for her and she ran away leaving her all five children and in laws at home. He also asked following the SC Verdict that now she won the case, even if there was Talaq which got voided by the Court, so why was she not returning home and taking care of her children?

This case is a documented and crystal example of misuse of system and even misinformation mitigated to gain cheap fame. How come, more dangerous misuses will not occur by some people and this would be set of law will be used by some gangs of women to harras, blackmail and intimidate the men for petty differences in the family?

13. There are vast loopholes in this Bill where police may also use this would be Act to book and harras male members of Muslims and ultimately ruine- forever an established family life.

14. What after the husband was punished for 3 years imprisonment? What he is supposed to do – – – to stay with a woman who caused him jail or they will be separated. In first case this is inhuman. Why should a man be forced to stay with someone whom he does not like? In the later, where was the divorce? If we consider, his earlier utterance effective, then why now? Isn’t it against the order of the SC which made Triple Talaq null and void in 2017?

15. This whole Bill is a mess and against sanity, democracy, constitution, minority rights, against women, men and children. It is against Muslims in general and Islam to appease some extreme elements and a small group of name sake Muslims only. This is against around 2 crores Muslim women, who signed letters addressed to Law Commission and the President of India.

Therefore, this Bill must be rejected out right by both Lok Sabha and Rajya Sabha once and for all.



MB Qasmi

22 December 2018

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