Triple Talaq: A CURSE OR LAW

"Triple talaq is unconstitutional; it violates the rights of Muslim women. No Personal Law Board is above the Constitution,” Allahabad High Court on 8^th December 2016, 

Allahabad High Court has given the ruling that the Triple Talaq is unconstitutional and contravention for the Muslim women rights. This provision of ‘Triple Talaq’ has become a monster in their life. Allahabad High Court Justice Suneet Kumar also stated, "Personal Law cannot be above the constitutional law”.   

We support this judgement of the honourable High court.

However, the question remains whether the All India Muslim Personal Law Board (AIMPLB) will accept this decision or they will appeal against the court's judgement. (AIMPLB) has said that according to the constitution they also have the right to appeal in the higher court.  

  

Maulana Khalid Rasheed Firangi Mahali of AIMPLB said,"We     respect the verdict of the High Court but the constitution has given us the right to file an appeal against any order." That implies this issue is not going to settle with the current judgement and will linger on for more time. So, there does not seem the possibility of immediate respite to the Muslim women from this draconian law. 

An example of this inhumane law as described by one of the victims is that once her husband said ‘Talaq’ three times in anger and asked her to leave his home. There is no way she can go back to her husband home without doing Nikah Halala. So, there is clear anomaly here.One side we talk about our human rights according to the constitution and the other side there is triple talaq, which has no place in constitution book and violates the basic human rights of the married Muslim women.  

Similarly, If we talk about Shah Bano case, Shah bano was married to the Mohammed Ahmad Khan. After 14 years, Mr. Khan married second time and started living with two wives. After few years,, Khan parted his ways with Shah Bano based on the ‘Triple Talaq’. She and her five children were throw out of the house after this instant talaq. 

There is also a case, a woman named gets a messaged as ‘talaq, talaq talaq’. This is ridiculous thing that a woman was divorced by a text massage based on this outrageous law of ‘triple talaq’. Therefore, we strongly condemn this law and whole heartily support the ruling of the High Court.  

Triple Talaq decreases the Indian Muslim women’s ability to live with grace or dignity. This prevailing practice instills anxiety and fear in the minds of Muslim women who faces some kind of difficulties in marriages. Some slight Arguments or some problems are very common to all marriages.  It does not mean that husband can pronounce “Talaq” three times for small arguments or when he wants to live with the other woman.  

Uniform civil code (UCC): 

Uniform civil code (UCC) is a proposal to replace personal laws over the all religious laws, based on the Holy Scripture & customs of each religious community in the counter with a common set governing every citizenry. These laws are specific from the public law and cover marriage, divorce, adoption, maintenance, and inheritance.

People are facing several kinds of problems especially Muslim women, whose sacrifices beyond her marriage go vain.  

Here are the negative points of the Triple talaq:

• For a slight argument, man pronounces “Triple talaq” three times; means now the woman does not belong to her husband.

•  Women are facing the dark days just because of instant divorce.

• Those women who are fully depended on her husband, what she will do after this? Means there is now any law, which can describe.

• One side a man can have five wives and other side this divorce process. How can it justify to Muslim Women.   

•  If wife caught her husband with another woman, their husband intimidates them for instant talaq.

•  Women are force to live in bad conditions after divorce named “Triple Talaq”.

• If after divorce, the couple wants to marry again to each other, there is another law named Nikah Halala.

• In this law “Nikah Halala”, again women have to survive. They need to marry to other man,unwillingly. After divorce to their second husband, they can marry to her formar husband, otherwise it will called “Haram” .

• Women goes through the mentally depression. What will she does after instant divorce low?

We need to have Constitution over this personal law. Court has performed the action against this practice and planning to Apply Uniform civil code (UCC) to protect the women life, which are in danger of the name of religion. 

According to this proposal, not only Muslim women will be affected positively but also all religion, caste, or community members. We can find a balance in the society. Court is doing its task and we have to support this. We should take a stand because “No Personal Law Board is above the Constitution”.