Instant Triple Talaq is sinful. But only reform can eliminate it: Owaisi on SC verdict
All India Majlis-e-Ittehadul Muslimeen president Asaduddin Owaisi has given a guarded reaction to the Supreme Court’s striking down of instant Triple Talaq has unconstitutional.
Owaisi emphasised on the fact that the practice of instant Triple Talaq is considered sinful by a majority of Muslims and that its unconstitutionality had already been established by the Supreme Court’s judgment in the Shamim Ara case.
Taking a dig a Prime Minister Narendra Modi, Owaisi said, “If the government is so concerned about women, why doesn’t it do something for widows? Also, there are abandoned women who have no one to take care of them. Their husbands are in high positions but do nothing for them”.
- Triple Talaq is a very contentious issue that is why even in the Supreme Court there was no unanimity. Three judges had a different opinion, two judges which included the Chief Justice of India, had a different opinion. What is said by the majority judgment is already law. In the Shamim Ara case, the SC had already said that Triple Talaq won’t be valid without a justifiable cause and without arbitration efforts being made.
- What has come out in today’s verdict, is that personal laws cannot be challenged under the ambit of fundamental rights. This is very important.
- Though the BJP government is welcoming this decision, their entire argument was to take away every divorce in Islam. This is what the then Attorney General had argued on behalf of the government.
- In Islam, the majority follow the Hanafi school of Islam. In this school, it is sinful to pronounce divorce in the form of instant Triple Talaq. Muslim Personal Law Board has clearly said that this form of Talaq is sinful.
- Numerous studies say that the number of women affected by instant Triple Talaq is minuscule. AIMPLB called it sinful, condemned it.
- The BJP can’t really proclaim victory as it wanted all Muslim divorces -- Talaq-e-bidhat, Talaq-e-Ahsan, Talaq-e-Hassan -- to go away, which the then AG argued on behalf of the government. This has not been accepted.
- Justice Khehar and Justice Nazeer had said that this is an integral part of Islam. But majority judgment did not agree.
- Many practical difficulties will arise now. If a Muslim woman says 'I want immediate divorce under Triple Talaq'.
- Implementation can happen only when society changes. AIMPLB has the wherewithall to do it. The social reform movement that has been started will have a positive impact.
- There are laws against child marriage but yet there are 1 crore underaged girls who have been forced to marry.
- BJP or PM Narendra Modi really can’t claim to say that they stand for empowerment of women. If that is the case, they should give reservation to Muslim women. Stop Gau Rakshaks who have made Muslim women into widows or killed their children.
- Welfare of widows is a problem. Why doesn't government set aside funds for their welfare? There are abandoned women who have no one to take care of them. Their husbands are in high positions but do nothing for them.
- Forget Uniform Civil Code, this government cannot even put in the public domain the protection given to Nagas and Mizos. What about tribals?
- The government is opening a can of worms in its blind pursuit of taking India towards a Hindu Rashtra.