Triple Talaq Ban, Does it really solve any problem?


The issue of triple talaq is back again with a bang and is being debated across all platforms with full might as if it is one of the biggest crisis our nation currently faces.
It’s a political issue to denigrate Islam & to show Muslim men as barbaric & villainous (to control imaginary love jihad) and is being discussed as a religious flaw that needs amendment.
Last week’s article in TOI on 2011 census data lists out the below figures. Which needs to be reviewed with careful detail.
The heading of the article says, “Triple talaq effect? 5 in 1,000 Muslim women divorced”. Now. What question does it raise in the mind of the average reader? Two words “Muslim Women” and “Divorced”. Based on the current atmosphere in India- Is it hinting that Muslim men are abusive, if so, why?
Based on the article, The divorce rate among Muslims is 3.4 per 1000 women and in Hindus is 1.8 per 1000 women, but why is the Media after banning Triple talaq? is there a hidden agenda?

If we are to consider the divorce rates per 1000 women, then, Muslims are below Buddhists & Christians who have a higher divorce rate of 4.3 & 3.9 per 1000 and if we consider it based on population then the figures speak a lot –
Number of women divorced:
Hindus : 17.4 Lakhs
Muslims : 5.85 Lakhs
Christians : 1.08 Lakhs
Sikh : 58000
Buddhists : 36000
Jains : 7500
So, out of a total 27.4 lakh divorced Indian women, Muslim women were 5.8 lakhs and very few were divorced by triple talaq method in question. Christians & Buddhist were left out of the discussion, just because they are low in population even though their divorce rate/1000 is higher. Why isn’t the issue about the higher divorce rate among the majority populous being questioned or the causes for it debated?
Upon further analysis of the above data, it is inconsistent. Women who have filed for a divorce and are still awaiting a court verdict haven’t been counted. The Real crisis is not in the Muslim society but overall in the Indian Society. Indian women in general, suffer at the hands of their In-Laws. The Societal pressure tends to overcome the religious teachings and women are subjected to abuse not in the name of religion but Dowry, etc.

Want a Divorce in India? You May Have to Wait 15 Years. What’s it like to get a divorce in India?
I got married in 1998. The marriage barely lasted for a year and a half, but the divorce proceedings took 10 years. It’s ironic.

Based on the above article the question to be asked is, are the Non-Muslim women who aren’t bound by the Triple Talaq rule happy with the Law of the Land?

Based on the article -Some women have to wait as much as 15 years to get a divorce through court, what does she do in that case? Let us Suppose, a woman was 25 when she filed for a divorce and by the time the case is settled,which takes a decade or more? Now, How does the compensation work during the course of trial? what if her family cannot afford a lawyer? what if she cannot get married again, just because the verdict is delayed? what happens to the children?

There isn’t a clear direction for how a woman should survive and make ends meet during the course of the trial.
If it is not enough for you to understand the agenda, Here is another headline “92% of Muslim women want triple talaq to go” claimed by Bharatiya Muslim Mahila Andolan, don’t confuse them with the Rashtriya Muslim Manch, BMMA says they are not connected to the RSS as RMM did and lost credibility in the Muslim society.
So, going by the 92% is of 4710 women they have surveyed, what was the other 8% result ?
If check the BMMA website (a WordPress blog site) there are many discrepancies in their claims like it was formed in 2007 and there were no activity until 2012. What were they doing for 5 years?

In their first blog in 2012 they claimed that their members have increased to 30000 all over India even though there weren’t any activities in the first 5 years, Yet their member base grew to 30000, in 2016, that too in 4 years since 2012, but haven’t grown digit more after the 30000.
Their single point agenda is to attack Muslim personal laws (shariah) , they came into the Picture when they requested PM Modi to ban triple talaq, halala & polygamy. When they surveyed only 4710 women out of their 30000 members, but why the claim of only 92% and not 100%?
Media gave them space by calling them Muslim specialists,Muslim specialists are Muftis who spend years trying to learn Quran and Sunnah (AMPLB consists of such specialists). Just because someone is Muslim and has an opinion that rings a bell with the majority doesn’t mean they become specialists.
Their case about why they would want the ban, they introduced Shayara Banu as a victim of triple talaq.
Shayara Banu : 16 years ago her husband demanded dowry, did not allow her to attend her sister’s marriage and forced her to abort 6 or 7 times (Muslim men are abusive & barbaric) Sigh!
Anyways, What is the relation of an abusive husband with triple talaq ruling? Need a hint? None whatsoever.
A TV anchor interviewed her
Anchor : Do you want to go back to your husband?
Shayara Banu : No
Anchor : Do you want your 14 & 12 years old children back?
Shayara Banu : No
Anchor : what do you want?
Shayara Banu : I want the ban on triple talaq, halala and polygamy. Eh? How does it solve her problem? May be BMMA or herself can explain it.
The Latest find is Ishrat Jahan(No, not the one murdered in Gujarat), what does she have to say?
Ishrat- “My husband divorced me on the phone, my kids were taken away, I am still being tortured & my brother-in-law tried to molest me”..Ok, shouldn’t the police have helped her here, No? How does banning triple talaq help her? It is a clear case of abuse!
Looking at the cases above, there isn’t a clear case How the ban on triple talaq solve their( Shayara or Ishrats) problem or anyone else’s facing abuse? – Does anyone know?
Let’s assume that there was no Shariah for a second, what provisions does the Indian law have to prevent Shayara Banu or Ishrat from being divorced? Or Abused?
The augment which says talaq itself must be banned? or make talaq difficult is absurd in many ways!
Media is calling 5:1 in support of sharia, these BMMA type people along with aggressive anchors shouting down the AIMPLB representatives, and not letting them explain the ruling. They are painting Muslim men as abusive, barbaric & misogynists and pretending to rescue Muslim women from them.
Talaq-A man who pronounced triple talaq upon his wife approached Caliph Umar, one of the most powerful and influential Muslim Caliphs in history, for punishment. The Caliph ordered the man to be whipped. But he also ensured the separation of the couple.
This anecdote is quoted by the All India Muslim Personal Law Board (AIMPLB) in an affidavit to explain that though triple talaq is a “sin” and the “least appreciated form of ending a marriage”, Shariah (Muslim personal law) permits it.
Muslim body said, any “uncontrolled use of divorce without regard to the restrictions established by the Shariah is a sin”. “To divorce the wife without reason and only to harm her, or revengefully due to the non-fulfillment of his unlawful demands by the wife or her guardians, and to divorce her in violation of the procedure prescribed by the Shariah, is irregular and undesirable,” it explained.
Polygamy- “If Indian laws can protect women having a living-in relationship with married men, why should polygamy be frowned upon,” the All India Muslim Personal Law Board (AIMPLB) asked the Supreme Court.
But the bigger question is- Why do people care to Ban it even though it does not solve the issue of Abuse/unjust behavior? We can see many examples in today’s society where women are subjected to different forms of abuse. Yet, we are hell-bent on reforming a Muslim law!
These are the same people who shattered India when Nirbhaya happened, but nobody stood for the Gujarati Muslim women who were murdered & raped or the ones in Muzzafar Nagar. Not a single candle light march, it was the same Muslim misogynist men who died saving their wives & daughters.
The party of jokers whose MP asked their men to rape dead corpses of Muslim women is also worried about triple talaq. Oh,the Irony!
Arnab, Sardana, RSS/BJP.. etc want to ban triple talaq for their so-called support for Muslim women, do they really care? It’s a simple agenda to raise a point which holds no value or solution whatsoever. The reason I say that is because..
Muslims aren’t bound by the Indian law when it comes to the matters of marriage and other issues. Muslim Marriage is called Nikah( A contract) between husband and wife. What nullifies the contract is a Talaq(Given by Husband) or Khula( Seeking separation by wife). Both have their rights in the matter. Now, having said that- Even if India or any other country that bans triple talaq cannot enforce it upon Muslims. The reason being it is the condition of marriage that must be followed to maintain the relation/status.
Coming to triple talaq- No one says, “Talaq” in a joyful mood, it is said when a person is angry. Now, Saying talaq thrice at once is discouraged but not incorrect and it doesn’t mean that only if said in tandem nullifies the marriage, it can be together(discouraged practice) or 3 times individually.
The AIMPLB argued that the Shariat permits triple talaq in the interest of both the man and woman as a means to keep their dignity and privacy intact. The intention is to save the family from delayed justice in conventional courts and to avoid mud-slinging in public. The Shariah intends triple talaq to help the estranged couple to “move on” with their lives and get over the bitterness and hatred they had felt for each other, the AIMPLB said
What do the perpetrators of so-called freedom/ Justice for Muslim women want?
They want the people to be stuck in the relation together till the court decides? Which can be more than a decade, How does it ensure the safety of the woman from the abuser or provide any relief? -These Questions need to be addressed.

In Conclusion
No matter what the end result is, the marriage terms and conditions of the shariah will have to be followed. AIMPLB have clearly stated there isn’t a provision for change in the ruling. Imposing a Ban is not a way out of the situation. Awareness/education may help bring down numbers of such cases..

Co written by : Mr. Naimuddin at Twitter acoount @naimhyd & @nawabZaade


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