A Muslim woman reads a prayer book in a mosque in Delhi, India. Source: Shutterstock
29th December 2017
INDIA’S lower house of Parliament passed a bill on Thursday aimed at
prosecuting Muslim men who divorce their wives through the “triple
talaq”, or instant divorce.
The bill now moves to the upper house of Parliament, where it is likely to be approved.
In August, the Supreme Court ruled as unconstitutional a law which
allows Muslim men to divorce their wives simply by uttering the word
“talaq”, which means divorce in Arabic, three times.
Muslim women had petitioned the court, arguing the practice of husbands
divorcing them through triple talaq not only violated their rights but
left many women destitute.
“Only a law can explicitly ban triple talaq, we have to enforce legal
procedures to provide for allowances and protect custody of children,”
said Law Minister Ravi Shankar Prasad.
Muslims
are the biggest religious minority in Hindu-majority India and
relations between the communities have sometimes been strained since
Prime Minister Narendra Modi and his Hindu-nationalist Bharatiya Janata
Party won a 2014 election.
Muslim women argue the triple talaq practice not only violates their rights but left many women destitute. Source: Shutterstock
India is one of the few countries where the practice of instant divorce
has survived in law, and while some Muslim groups have said it is wrong,
they believe it should be reviewed by the community itself.
Members of the All India Muslim Personal Law Board said the government
had no right to outlaw instant triple talaq, as it was directly
interfering with Muslim personal law.
India’s civil codes are designed to protect the independence of
religious communities. Unlike most Hindu civil laws, which have been
codified and reformed, Muslim personal laws have largely been left
untouched.
Zakia Soman, founder of a Muslim women’s group, the Bharatiya Muslim
Mahila Andolan, said once triple talaq became a legal offence, victims
could approach the police and the legal system to initiate action
against offenders. – Reuters
29th December 2017
