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'The myth and untold story of Muslim Law' - Gender Equality

In last couple of days, a HUGE wave of statements came in media regarding triple talaq (only this issue is a hurdle for gender equality?) & UCC. After reading these statements, doubts came in my mind that where are men in the gender equality scenario. Daily some newspapers are searching a case of triple talaq and are publishing it showing bad condition of muslim women (these newspapers cannot see this analysis (Married men are twice as likely to commit suicide than married women):

Are husbands likely to commit suicide because of triple talaq?

Every nine minutes a married man commits suicide in India due to alleged misuse of section 498a of IPC against them, taking the toll to around a whopping 64,000 every year. Is this because of triple talaq?

I am sure that no one has the answer of these questions because we are behaving like three monkeys of Gnadhiji, only difference is that now a days these three monkeys becomes dumb, deaf, blind when an issue of feminism comes in picture. But, when issue of triple talaq comes in picture, all starts crying, why? Are men not human?

Let’s see these statements of our politicians and see the motive of feminism and vote bank:

  • Lives of Muslim ladies couldn't be permitted to be destroyed by the practice and focused on political opponents for organizing vote banks over sexual orientation equity.

  • Legislative issues and decisions have their own particular place yet getting Muslim ladies their rights according to the Constitution is the duty of the administration and the general population.

  • The practice of "triple talaq" will have to be judged on the yardstick of equality and the right to live with dignity

  • We have three basic issues: Gender justice, ending discrimination and upholding the dignity of women

  • The mood of the country is that triple talaq to end. People don’t want discrimination against women

  • All citizens, more particularly women, have a right to live with dignity. Should personal laws which impact the life of every citizen be in conformity with these constitutional values of equality and the Right to Live with Dignity?"

Why all all the statements only about rights, dignity of women? Answer is simple, Politics & Feminism.

The most ridiculous statement “If Pakistan and 21 other countries have abolished triple talaq, why can't India”? (My some friends are also giving this excuse).

So let me first make it clear that the situation of Pakistan (& 21 other countries) and India is quite different. Pakistan as far as my knowledge goes does not yet have 498a in place to harass husbands (and now a days, unnatural sex offence to husband).

Before proceeding further it is relevant to mention here that there is a very huge and rich Islamic literature available on Talaq and without going through the principles enshrined in Islamic Jurisprudence regarding the pronouncing of Talaq by a Muslim, drama is going on.

Now come to the point ’whether a muslim woman can give talaq’, to make it clear here is the fatwa from Dargah-e-Ala Hazrat. (Note: Sunni Muslim follows any fatwa of Dargah-e-Ala Hazrat, Sunni Muslims in India comprise about 12 crore India's 17 crore Muslim population):

“A Muslim woman can give talaq to her husband if she has secured this right by way of a prenuptial agreement, Islamic seminary Dargah-e-Ala Hazrat of Bareilly has ruled. Talaq is not a one-way right. Even women can exercise this and utter the triple talaq. The woman can give talaq to her husband if he is a drunkard or is immoral, unwell or unable to lead a normal married life. For convenience, the woman should secure this right at the time of nikah," Dargah-e-Ala Hazrat said in his latest fatwa, which was sought in 2014 by Maulana Asad Masood, a religious leader from Manchester, England.” Reference: Times Of India, Telegraph India.

The issue was debated when Mohsina Bano, a woman from Daha village in Baghpat district, gave talaq to Mohammad Arif within three days of their marriage. She uttered the triple talaq over the mobile phone in the presence of a village panchayat, alleging her father-in-law Mohammad Sattar was demanding a car in dowry. Anwari Begum, the girl's mother, stood by her daughter, saying she would be unsafe with such a greedy family. The unofficial village panchayat, which included Hindu as well as Muslim members, agreed with Mohsina's decision.

It is called the talaq-e-tafweez. The parents of a woman can secure this right for their daughter at the time of her marriage if they fear she would be unsafe or mistreated in her in-laws' house in future.... The woman can tell her husband any time in her life that she wants to divorce him for certain reasons. The husband is bound to agree if she wants separation. But the elders of both families are expected to see whether she is of a balanced mind and is not misusing her rights,

For instance, in Mohd Khan versus Shahmali, which came up before the Supreme Court, there was a prenuptial agreement saying the husband would live in the wife's parental home after marriage. When he defaulted, this became the condition for divorce. The court upheld this. Notably, the wife did not divorce her husband but got herself divorced from the husband.

Types of divorce in Islam –

  1. The first type is by unilateral… by unilateral agreement, between the husband and wife – Both may say… ‘Okay, we are not compatible… let us part’.

  2. The second type, is by the unilateral will of the husband, that is called a ‘Talaq’, in which, he has to forgo his ‘Meher’. If he has not paid it, he has to pay it to her… and including the gifts, he has given to her.

  3. The Third type, is by the unilateral will of the wife –I repeat, by the unilateral will of the wife… if she mentions it in her marriage contract. If she mentions it in her Nikah-Nama… in her marriage contract, that she has the right to give unilateral divorce, she can give it –It is called as talaq-e-tafweez.

  4. The Fourth category is, if the husband ill-treats her, or not give her equal rights, she has the right to go to a Kazi,and nullify the marriage – It is called as ‘Nikah-e-Fask’.

  5. And the last is ‘Khula’– that even though the husband may be a very good husband, the wife has got no complaints against the husband, but for personal reasons, she does not like the husband – she has… she can request the husband, to divorce her – and that is called as ‘Khula’. In Moonshee Buzloor Rahim vs Lateefutoon Nissa, Khula was defined as a divorce by consent in which the wife gives or agrees to give a consideration to the husband for her release from the marriage tie. Khula is thus the right of divorce purchased by the wife from her husband.

If both husband and wife feel that there is no way out except the separation, the husband should pronounce one Talaq after the woman clears her menses. There will be a temporary separation between them. This period will give them enough time to review their decision of separation. If they think that reconciliation is in their interest, the husband should take his wife back in his arms and forget what had happened between them. But if they think that they can no more live together, the husband should pronounce the second Talaq after she clears her menses. The second pronouncement separates both of them. They have still a time to think of reconciliation. If they decide to live together, they have to perform the Nikah afresh after the period of Iddat is over. If they do not go for any reconciliation till the completion of the Iddat period, the third Talaq will automatically come into force bringing a permanent separation between them.

So, what’s wrong in the religion? If either of the spouse is unwilling to stay with the other, and is totally unwilling to accept any kind of reconciliation or mediation, and has just made up his or her mind to get separated from the other, can the law forcibly make the other spouse stay together? Answer is a big NO, In fact all the cases which go to court ends up in separation and bitterness…..

For instance, in the Shamim Ara judgement in 2002, the Supreme Court held that arbitrary oral talaq or a talaqnama sent by post is not valid and arbitration prior to divorce is essential. The practice of 'nikah halala' (whereby a woman wanting to remarry her divorced husband must first marry and divorce another man) that is associated with oral arbitrary triple talaq has also been rendered redundant. Muslim community welcomed this judgment. Instead of using this judgment and empowering women and helping them to access the law, BMMA is set on a confrontational path. Instead of negotiations within the community, they approached the prime minister asking him to ban the practice of triple talaq and for enforcing their code. Why? Answer is simple, Politics & Feminism.

Please........Scrap laws which turn ordinary husband into criminals. Come out with a Uniform Civil Code draft. Give to Hindus, Muslims, Sikhs, Christians and everybody. Put it as code in public domain as has been done in the case of Education policy and let people respond to it…Let all to study it, and have debates all over the country. And when all finally say yes this is acceptable, make it a law.

Originally posted here

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