The All India Muslim Personal Law Board (AIMPLB) on Friday has vehemently opposed the pleas of the women activists, supporters and their plea in the Supreme Court against the ban on the Islamic practice of Triple Talaq or oral divorce. The Muslim law board claims this attempt as an interference in the personal Islamic laws on the pretext of social reform. The Muslim law board also filed a 68-page affidavit in the Supreme Court saying that triple talaq is a part of the Islamic religious practice and the court has no jurisdiction to annul it.
The 68-page affidavit made some rather unusual claims. The Islamic religious practice justifies the triple talaq according to the AIMPLB. The board also said the ban on triple talaq should be removed for the safety of women, because if the discords are serious within a marriage and the husband wants to get rid of the wife but is delayed due to the legal compulsions and time consuming judicial process, it might lead to the husband resorting to criminal measures to get rid of the wife, therefore in such situations ‘triple talaq’ is a better recourse. According to the board, triple talaq gives more of a private affair than taking it to the court and making the divorce public. Also claimed that ban on polygamy has only increased illicit sex. It was meant to protect women, to meet the social and moral needs. Polygamy in their law was not for gratifying men’s lust, but was a social need since they reason that women outnumber men and would be forced into leading spinster’s life, without receiving any benefits and rights that they would get if they had a husband. They also claim that triple talaq is sourced from the Quran and makes men the ‘decision-makers’ because they do not take hasty decisions. Illegal interpretation of the scriptures is not allowed therefore the Muslim law board arguments against the ban.
The question stands that will the Islam women still be protected of their rights if this ban is not allowed as per the AIMPLB? Would the Islam women enjoy proper rights if the ban prevails? Wouldn’t there be less of over-phone, in-text, verbal divorce and throwing the women out of the houses if the ban prevails! Resorting to legal options is the right of every human being irrespective of them being male or female. Rights that women deserve to practice shouldn’t be taken away behind the facade of religious and personal laws. Moreover, the campaign to ban triple talaq and make husbands criminally liable, help Muslim women? I don’t think so, but shouldn’t it be allowed. I realize that most women are reluctant to approach the police and press criminal charges normally. A ban will not change the fact that a woman has to go to a civil court to secure her rights. So the question is: Will such a ban truly change the life of a deserted Muslim woman? The Supreme Court is yet to give its decision, but whatever be the decision will the Muslim women get the justice they deserve.
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