My reflections on triple talaq controversy: Courts must take triple talaq as a matter of Faith & not obsess over the Human Rights Angle alone.

Its hilarious that a country ruled by a Man who abandoned his wife for almost 50+ years , a Country where Dowry is a justified by its largest religion and also is one of the biggest reason of Domestic Violence and Murders etc, a Country where female infanticide & foeticide is one of the highest of socio-legal crime.

A country where rapes have become more common that we knew , a Country where a Baby is removed from womb & murdered and the people are rewarded, Have decided to waste its time, energy and Sources on Triple talaq , an issue which is 0.007% compared to the Divorce Rate of Hindu community.

And Mind you this is a Statistics taken from districts where Muslim constitute around 15-71 %. going further north in places like Punjab, Rajasthan etc. where Muslims form less than 8% will bring the number down more than half.

 

TRP Hungry Indian Media : Byte-sizing a Complex issue for TRP

Now ever since some genuinely tortured ladies have approached the Court against their Uneducated , illiterate and nasty ex-husbands the Media have been given Mann-wa-salwa. To hide the shortcomings of Modi government and create an illusion that all is well in India Except this single-issue Media has gone on an overdrive.

Sample this, An Aalim is called upon in studio and expected to explain in minutes (or seconds, all the while people shouting against him) unlearnt people from scratch about an issue so Complex that, Even Quran thought it was of so much of prime importance for Muslim society that, It repeatedly sent down verses and later a Complete Chapter (Surah talaq) and a Chapter on how to behave in a Marriage (Surah Noor Etc.). Even The Imams of Hadith and Fiqh spent years to explain these both issues by chapters such as Baab-un-Nikah etc in their books or even write separate books on this.

Further , some 3rd grade shows like tarek ka fatwa etc  just bring in a guy with beard and Cap (who doesnt not even have elementary Islamic knowledge, let alone nuances of this topic)  But this is a topic for another Discussion.
Reputation of Courts in Indian Muslim Community on edge

Nowadays, The Courts of India are the only branch of government that the People of Muslim community trust , But in the matter of triple talaq the judiciary have fallen victim to understand the difference between a Social issue and a Religious issue. further, it has been trying to portray this issue as more of ” individuals Human Right ” issue. The courts obsession with the Human Right angle is a Dangerous sign , as it has the tendency to severely tilt the balance of the issue and may end up usurping a Community’s Fundamental Rights (and the rights of the individuals of the community.) It is like killing Two fundamental rights to save one .

The questions and observations of High Court and Supreme courts where this issue has reached is less than underwhelming.
What the Farrago of Questions is this, Dear Judiciary?

On One Hand, Allahbad High Court says “Nikah in Islam is a legal Contract, and One party/(Man) Cannot end the Contract by himself”. Which again is a loaded statement. I agree with the statement, but there are several ways when the Contact becomes null and Void by itself and therefore it doesnt require One or two party acceptance to end it.  Nikah entails some responsibilities, Some of Which are explicit and some derived. So if a Partner deviates from Fundamental Duty of Nikah , The Contract is Broken, Now the Pair would want it to end it quickly rather than roaming around as victims.

Today Supreme court of India says “Triple Talaq is worst kind of talaq(newsflash we muslims say that too” , but more importantly it said “its a Sin, how can a Sin be Legal” . which makes us wonder how is supreme court approaching this sensitive issue?  There are hundreds of example where Sinful Things are deemed LEGAL By CONSTITUTION, Courts and Parliament (Assemblies.) On the contrary, many Good things are being forcefully stopped by COURTS & Parliament (Assemblies).

If the Supreme Court of India is unable to find we will give an elementary list here itself. Interest is one of the Biggest Sin in Islam, it is not only legal but recommended in Indian finance system. Betting is a Sin as well but it is still legal in many forms, Consumption of Alcohol is legal in India while Islam calls it “Mother of Sins”, eating pork is another sin but legal in India, a Fruitful tree being cut is also a Sin in Islam, while its legal in India . the list can go on and On..

A Religion Cant Condone Sin: Salman Khursheed in Supreme court
Now whether a Religion can condone Sin is the question, the question here is that we think that all those triple talaq were given on minor issues or trivial issues. Which is not the case many a times the Husband is forced to use this to end a treacherous relationship without much hussle and even some times a Lady wants it too (from personal experience shared by a Friend whose wife wanted to marry another man and hence asked for talaq (instantly).)

We have to consider this, that not every time the man utters triple talaq instantly, the talaq usually have a History of failed marriage or domestic issues. we might be thinking talaq is given on a small issue, but as we know spark used for canon is usually small but as it ignites a Heap of Canon-fodder it creates huge explosion. This is not to say that there are no cases where triple talaq is not misused, of course it is misused, so is Anti-Dowry Law and Rape law and other Laws in India. so should we Ban them?

Consider this, is taking someones life a Sin? (of course it is Just Like giving talaq on trivial issue and not in a away Allah asks you), is an accidental murder a Sin? Maybe (just like a Man giving triple talaq on serious pretext but still doesnt uses the discussion-arbitration-Divorce way ordained in Islam) , what if a Judge asks someone to hang a guilty person? is that a Sin? Definitely not (just like a man walking into his wife cheating on him & he thinks that this marriage is done).
So a Triple talaq is like Taking someone’s life , now if there is a Valid reason you may still be admonished by Allah for Not holding restraint but still it will be accepted, as far as those who use it for deviant purposes and ways, a Huge Azaab will be waiting here and hereafter.

 

This is a two part article second of which can be read here.

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