By M. Burhanuddin Qasmi
The socalled Muslim Women (Protection of Rights on Marriage) Bill (2019) which was passed by the Lok Sabha in Indian Parliament on 25 July 2019 for the second time following its failed attempt in 2018 is a miscalculated move by the Government of India. The Bill will now go to the Rajya Sabha for the second time. Hopefully it will not go well again there because none of the genuine concerns were addressed in the new Bill.
In the new Bill, chapter two, attached here, section 3 and 4 make the main Act. Section 3 speaks about the crime and 4 speaks about the punishment. The rest – chapter 1 and 3 are explanations of the Act and reasons as why this Bill is brought to be enacted in the Parliament.
In section 3 words like Triple Talaq or Talaq-e Bida’t are nowhere to be found, though they appear in the explanation. Instead, it is clearly stated in this new Bill “Any pronouncement of talaq by a Muslim husband…” and not triple talaq.
Now a police officer will see only “any pronouncement of talaq”, though once, reported by a wife or her relatives by blood or marriage and the husband will be landed in jail. The remaining explanation as in chapter one and three of the Bill will be discussed in the court only by the advocates from both parties. Generally explanation of an Act is done in the court and not at a police station.
So Talaq-e Bayeen, Talaq-e Mughallaza or any form of Talaq effective immediately, of course including Talaq-e Bida’t will be a punishable crime.
This is what I understood by reading sections 3 and 4 of the Bill under chapter two. I would love to understand more or otherwise by legal experts, if any.
Therefore, I term this Bill as #AntiTalaqBill and it is clearly against Islam and Islamic Shariah, thus in violation of fundamental rights of Muslim guraunteed by the Constitution of India.
The #BJP4India led Government is propagating this Bill as against #TripleTalaq only and #IndianModia is airing it as #TripleTalaqBill. These are utterly misleading and untrue.
The fact remains clearer from the text of the Bill itself that it is neither Triple Talaq Bill only nor it is to stop Talaq-e Bida’t which is undesirable in Islam or “empower Muslim women” but it is a Bill in clear contrast with Islam – Qur’an and Sunnah. Without slightest deference among any Islamic denominations of practicing Muslims, anywhere in the world, the present Bill stands against Islam. It is simply to harras and humiliate minority Muslims and appease extreme right wing BJP vote bank.