Imagine getting married to a man and then constantly living in the fear that one day, out of anger or spite, he may divorce you simply by uttering the word ‘talaq’ three times. This is the situation so many Muslim women have lived in since 1400 years. Supreme Court’s Judgement on Triple Talaq can be taken as a step towards equality. The historic decision taken by the Supreme Court to scrap Triple Talaq is being celebrated as it stands for equality and women empowerment.
When Muslim women approached the court for the abolishment of the Triple Talaq system, they included women who had been divorced on the phone, by letters and even by Whatsapp text messages. Talaq-e-biddat, the process by which Muslim men can divorce their wives simply by uttering ‘talaq’ thrice was being used rampantly. In cases of women of other religions seeking a divorce, all their financial maintenance is settled before the divorce is finalized. For Muslim women who suffered this, however, they didn’t even see their separation coming. In just three seconds, a woman was disowned, without even seeking her permission.
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The Supreme court judges who were assigned the responsibility of taking a decision were stuck in teams of 3 v/s 2. Chief Justice J. S. Khehar and Justice S. A. Nazeer who were on the minority side, argued how Talaq-e-biddat is a Sunni practice of Muslims which has been going since 1400 years. This is a matter of the religion and the government shouldn’t interfere. The majority side, however, said that just because a practice has been continuing for long, doesn’t mean that it is right.
Ideally, the government shouldn’t make decisions about religion as India is a secular nation and the state doesn’t interfere with religion. However, when Muslim women, who have no other option than judicial redressal approach the courts for financial aid and ask for banning of the triple talaq, the government has to step in. The Quran doesn’t promote anything which defies gender inequality, natural justice and the religious doctrine that all are equal in the eyes of God. The triple talaq practice has been rightly defined as unjust and gives undue privilege to men. It is also not an integral part of the Shariat (the Muslim law). And anything which is not an important part of the law can be scrapped. Islam has fundamental rules for divorce such as the presence of two witnesses and how there should be a gap of at least a month between the utterance of the word ‘talaq’.
Maybe religion shouldn’t be mixed with the law, but the government did step in to ban Sati and to abolish untouchability, both which were linked to religion. But when people start harassing and being treacherous to each other in the name of God, legal action must be taken. And with that, I firmly believe that the Supreme Court’s Judgement On Triple Talaq, scrapping it, is a bold step in the right direction. May more women be empowered and justice prevail.
Let’s celebrate Supreme Court’s Judgement On Triple Talaq as it’s a step toward equality and women empowerment. Drop Your Views In The Comment Section Below.