Before you read the post I want to clarify that I am not against any religion. I am just in favour of gender equality.
It is harsh reality that women have been ill-treated in every society for ages and India is no exception. The irony lies in the fact that in our country where women are worshipped as Shakti atrocities are committed against her in all sections of life. She is being looked down as commodity or as a slave. She is not robbed of her dignity and pride outside her house but she also faces ill-treatment and other atrocities within four walls of her house. They are considered as an object of male sexual enjoyment and reproduction of chidren. They are real dalits of the society.
what is talaq?
Talaq in its original sense means repudiation or rejection but under Muslim law it means a release from the marriage tie immediately or eventually. It is generic name for all kinds of divorce; but it is particularly applied to the repudiation by or on behalf of husband. It was said that under Muslim law talaq is mere arbitrary act of Muslim husband who may repudiate his wife at his own pleasure with or without cause.
talaq -ul- biddat/ triple talaq
It is a sinful form of divorce. It is a irregular mode of talaq introduced by omeyyads in order to escape the strictness of law. This form of talaq is improper from a moral point of view. This form of talaq becomes irrevocable immediately when it is pronounced irrespective of iddat.
Triple talaq bill
On Dec 28, 2017 historical bill was passed in lok Sabha making triple talaq illegal, with upto three years in jail. The bill which makes triple talaq a punishable offence, follows the supreme court judgement on Aug22,2017 in case of Shayra Bano Vs Union of India. Since the time S.C made triple talaq unconstitutional this topic has become a subject of controversy and most ongoing debates in India.
The All India Muslim personal law Board, defends triple talaq as an integral part of Islamic law and therefore beyond the realm of judiciary. On the other side Number of petitioners argued that triple talaq violates their fundamental right to equality before the law, to non discrimination on the ground of sex and to life and liberty.
In Fazlur Rahman V Aisha, the validity of this divorce was questioned. It was argued that this type of divorce is against Quranic Law and the court is bound not to give effect to the rule and it also opposed to a tradition of a prophet. It was held that Quran verses have been differently interpreted by different schools.
Can what is sinful in eyes of God be lawful? If God considers it a sin, it can’t be legal. Can it be?
So personal laws must be subordinate to fundamental rights and subject to the test of constitutional validity.
It is now high time that people should understand the significance of triple talaq bill. It is said that laws without public opinion is nothing but a bundle of papers. This problem can not be solved by just enacting laws without any public support and opinion as social engineering laws are different from penal laws which are just related to injuries and Punishment and are deterrent in nature but social engineering laws are enacted to uplift the norms of the society and are progressive in nature and therefore it should be backed by the will of the people for whom it is enacted. In India most of the laws are ineffective as they were ahead of public opinion and willingness of the people to change the society.