Can Triple talaq must be revoked (Partially atlease), especially by a Court of India?
However , the Triple talaq was meant to stop trivial treatment of talaq itself, when the people started taking talaq lightly and started issuing 100-1000 talaqs in a sitting, H.Umar enforced that talaq will be counted as they are said.
Now the question Arises , if Triple Talaq was meant to stop talaq from becoming a Joke, cant it be stopped now as it has become a Joke and making a Joke of Islam?
Answer is that as in some cases Triple talaq is the only way out for some parties, it cannot/Shouldnt be removed Totally. Secondly to remove Triple Talaq totally or Partially we need such authority (which in my opinion ended with Khulafa e Rashideen).
The Current Muslim State rulers can ban it but that ban wouldn’t hold much of Islamic-legal Sanctity in many ways. and Since Muslim Personal Law board is a Non-Governmental entity , it can only influence or suggest but not act. Infact if the Courts want to do something good, then they may consider giving enforcement powers to the Darul Qazas in the matters of Personal law especially in marriage affairs and etc.
also Apart From this issue Indian Muslims differ on several issues, what will the Court do if someone of One sect goes to it with a Claim that “So and So practice is not islamic and hence should be abolished” even the Ahl e Quran who reject many basic tenets may approach the court with a Demand to ban the things they don’t accept. the Supreme court will be flooded with several Frivolous suits from deviant Muslim sects and individuals seeking 2 minutes of Fame.
Silver Lining as Supreme court says No infringement on fundamental rights of a Religion.
The Best thing said By Supreme court and which is the silver lining of this whole debate is that Supreme court have taken a Sensitive approach (even though it is more prone towards Human Right or Gender Justice Hysteria) by saying it would not proceed further in the matter if it concluded that triple talaq was part of the fundamental right to practice religion.
The Supreme court must be given a appreciation when it says that ” We will not go into the issue of polygamy and nikah halala,”.
Meanwhile the Governments proposal that they will bring an act and their opposition to all the three forms of talaq show that they are only interested in backdoor imposition of Uniform civil code rather than resolution of this issue for safety of muslim Women. The Governments hypocrisy is shameful as they know that any such law/act would not resolve the issue but in fact delay the matter as it infringes upon fundamental rights. What the Learned AG of India Mr Rohatgi forgot was that Laws cannot stop a Social practice (esp. which has sanctity in Religion).
Conclusion: A Non-issue used to divide Muslim Community and hide the Shortcomings of Current administration.
Triple talaq is not a major issue as it is being made out by Govt and media. The Indian Media should focus on major social issues which are hurting the image of our nation worldwide. Gau Rakshak Vigilantism, Court perspective and opinion oriented judgement in Rape Cases, Savarn – Dalit conflict specially after UP Elections etc.
As far as the triple talaq issue is concerned the issue have been looked upon by the community and the Muslim Personal law board has decided to do whatever is in its ambit (new Nikahnama to the Social Boycott threat) . The Courts of India need to support this as this is not a matter of gender justice or human rights violation, it is a matter of religious practice and they can only be decided by the Injunctions of Quran , Hadith & those who have authority
This is a two part article the first part can be read here