Religious Discourse

Triple Tlaq Bill against the spirit of The Constitution

By: Taha Jaunpuri

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India is a land of many religions. The various types of the cultures are found here. Millions of the people follow different civilizations. The tribes and clans have their own traditions and customs. Some other act according to their ancient narrated guidelines. Therefore, India stands out with unity in diversity. Moreover, a multitude of Indians are atheists too. They do not believe in any religion, rather they have faiths in nature. They spend the lives at their wills.

Having known this fact, a question strikes the mind, that how is everyone acting upon his/her religion, culture, custom freely? The answer is given by “ The Constitution of India ’’ which saves and guaranties the right of every citizen of India. Hence, Article 25 Right to Freedom of Religion under the Fundamental Rights says “ Freedom of conscience and free profession, practice and propagation of religion. (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion…… (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice ”.

See, with no shadow of doubt, the Constitution of India straight-out speaks that each citizen is allowed to practice his/her religion freely and there should not be any hindrance to profess and propagate the religion. It could be clearly made out and understood that, though a religion has some teachings and guidelines going against the thought of anyone, but that religion could not be intervened by anyone else. Furthermore, a follower of that religion is permitted to propagate that religion.

Now come to the point. Islam is a religion of this country, as well as it is found across the world. Its followers are in large number. Its number, even, is increasing day by day. Islam has trillions of teachings. The religion Islam always instructs the followers to act nicely. This religion leads the people to the straight track and puts them on the right path. Islam imparts the believers to be just and placid at each moment.One of the teachings of Islam is Talaq. But, Talaq, which kind of the act is considered in Islam? See this clear stand. “ The meaning of Talaq ( Divorce) is to break the marriage; hence it is extremely disliked in Islam. The Prophet (PBHU) said that among the legal things that Allah has permitted, divorce is the most disliked. (The Muslim Personal Law and Misunderstandings, page 27).

The reality is that something’s are very necessary in human lives though they are disliked. For an example, a washroom is a bad place, but it is an integral part of a good building and house. If the washroom is not there, that building or house will be incomplete. In the same way, though Talaq is a disliked deed, but it is a part of this religion. If there is only marriage and no system of separation, it will lead to Hell in one’s life. The Talaq is allowed in very complicated situation, just to solve the problem. Therefore, this act is never ever encouraged in Islam and will not be too. The triple Talaq is a kind of Talaq. The triple, if it is given, should be in three Tuhr (menstruation free period), but if a person gives instantly in one sitting, this also will take place, while it is against Sunnah. No matter, here it becomes clear that Talaq is a part of Islamic teachings.

Looking at theIndian Constitution as aforementioned, none is allowed to intervene in The Religion Islam. But, unfortunately and unluckily, the BJP government (Bharti Janta Party) has got success in passing the Triple Talaq in both the Houses (in Lower House on 25-07-2019 = and in Upper House on 30-07-2019).This act is undemocratic and purely unconstitutional. The Islamic scholars and organization, such as Jamiat-e-Ulam and All India Muslim Personal Law etc… must speak louder democratically against this Bill before it is too late. They should move to Appex Court to challenge. So that it could be struck down by the Apex Court.


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