Sunday, August 9, 2020
Home Opinions Triple Talaq: Violate the human rights of muslim women

Triple Talaq: Violate the human rights of muslim women

Also Read

pathakamithttp://www.abvp.org
I am Research scholar at Dsmnru Lucknow.
 

Triple Talaq is the most disapproved form of Talaq flouting the cardinal Quranic principles. Majority Muslim nations have explicitly or implicitly banned triple Talaq including our neighbouring country Pakistan.

Triple Talaq can be pronounced at one sitting by uttering the words divorce thrice or ‘I divorce thee thrice’. When given in writing it becomes irrevocable immediately without the necessity of following the Iddat period. Once a couple gets separated they cannot remarry unless the woman marries another man and then divorce him leaving behind no scope for reconciliation.

Versus under Quran emphasizes that every possible attempt must be made for reconciliation between the married couple before the completion of the prescribed period. Thus, Triple Talaq lack sanction of Quran. It is supported by Muslim Jurists solely as per their interpretation of Muslim Personal Law (Shariat Act, 1937) which is silent on Nikaha Halala, polygamy and divorce.

Oppression against woman
Many Muslim woman have challenged the Triple Talaq in the court as against the principle of gender equality claiming their individual right against the their personal law. Men are deserting their wives by uttering three words at their whims and fancies. In most of the cases complained woman are not even aware of the intention of their husband to dissolve the marriage and are taken at surprise when they are thrown out of their matrimonial home for no fault of their own. This is disregarding both as per the Constitution and the Quran.

Women are subject to cruel and unequal treatment in violation of Right to Equality under the Constitution. It is beyond doubt that Supreme Court has power to decide such rights of women when personal law is persistently denying woman the access to their rights. Where does this gender inequality came in Muslim personal law when Gender Justice is a central tenet of Quran? In the Quran, the very conception of humankind is based on an equal footing between man and woman. It is patriarchal order of our society that ruins the lives of women and the tyranny follows.

Need for reform in Personal Law
Any talk of reform in personal law is brushed aside as interference in religious matter with no sympathy for women who have no reason to be abandoned at the husband’s pleasure. Although Supreme Court have ruled against triple Talaq in a series of cases yet there is a long way to go because the problem is deeply rooted in the Muslim community. Here, a husband just to get rid of his wife and for marrying another woman half of his age resort to this easiest method of Talaq. And the Muslim Jurists in India still hold in favour of Triple Talaq.

  Support Us  

OpIndia is not rich like the mainstream media. Even a small contribution by you will help us keep running. Consider making a voluntary payment.

Trending now

pathakamithttp://www.abvp.org
I am Research scholar at Dsmnru Lucknow.

Latest News

The history of India – a story of distortion by marxists

By interpreting history only on the basis of economic monopoly can not eradicate the wrongdoings which were done based on religion.

Democracy has stung Communism big time in Galwan

China has spoiled relations with entire neighbourhood and well beyond its capacity to manage. The fool cards like BRI, blank cheque diplomacy and the debt-traps can buy few leaders of poor countries for short-term, but turn people of these nations into long-term enemies as well.

Religious secularism

With the hypocritical standards which are followed in this country, a person is looked down upon to celebrate an historical moment in his religion.

मोदी को न राम से बड़ा बताया है और न ही जय श्रीराम का उदघोष साम्प्रदायिक है

हिन्दू धर्म में तुलसीदास और सूरदास जैसे कई कवियों ने भगवान कृष्ण और राम के लिये वात्सल्य भाव का प्रयोग किया है। आज भी वैष्णव सम्प्रदाय में भगवान की वात्सल्य भाव से पूजा की जाती है तथा उन्हें परिवार के एक बालक की तरह ही देखा जाता है।

What the Ram Temple means to a Hindu

The difference between Hindu diversity and Christian or Muslim diversity - while the latter began as one and split with differences of opinion, we began as many and came together under one blanket, while retaining individual identities – the ultimate balancing act

A change that doesn’t augur well on this Independence Day

The character of the nation is carried by its citizens. If aberration is the norm, then how do we create soldiers of character defending borders? How do we create institutions and polity without the foundation of good character?

Recently Popular

आदिवासी दिवस के बहाने अलगाववाद की राजनीति

दिवासी अथवा जनजातियों को उनके अधिकार दिलाने की मुहिम दिखने वाला "आदिवासी दिवस" नाम का यह आयोजन ऊपर से जितना सामान्य और साधारण दिखाई देता है वो उससे कहीं अधिक उलझा हुआ है।

Striking similarities between the death of Parveen Babi and Sushant Singh Rajput: A mere co-incidence or well planned murders?

Together Rhea and Bhatt’s media statements subtly and cleverly project Sushant as some kind of a nut job like Parveen Babi, another Bhatt conjuring.

Curious case of Swastika

Swastika (स्वस्तिक) literally means ‘let there be good’ (su "good" and asti "let it be"), or simply ‘good it is’ implying total surrender to paramatma and acceptance of the fruits of karma.

Democracy has stung Communism big time in Galwan

China has spoiled relations with entire neighbourhood and well beyond its capacity to manage. The fool cards like BRI, blank cheque diplomacy and the debt-traps can buy few leaders of poor countries for short-term, but turn people of these nations into long-term enemies as well.

The story of Lord Jagannath and Krishna’s heart

But do we really know the significance of this temple and the story behind the incomplete idols of Lord Jagannath, Lord Balabhadra and Maa Shubhadra?
Advertisements