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LATEST NEWS UPDATES | Supreme Court avenges a misogynist clergy -Saif Mahmood

Supreme Court avenges a misogynist clergy -Saif Mahmood

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published Published on Aug 24, 2017   modified Modified on Aug 24, 2017
-The Indian Express

Right-wing Muslim bashers rejoicing over the apex court having come down on the Shariat with a heavy hand need to hold their horses. Far from doing this, the apex court has actually fallen back on and relied upon the Shariat itself to accord justice to Muslim women by declaring the practice of Triple Talaq as illegal.

New Delhi:
By a majority of 3 : 2, a five-judge Constitution Bench of the Supreme Court has “set aside” the practice of Triple Talaq prevalent among Indian Muslims. As political parties of various hues and views rush to welcome the judgment, let us first understand what the issue was before the Court and what the Court has actually done. Unlike the Hindu Law or even the so-called progressive Special Marriage law, Islamic Law recognizes the irretrievable breakdown of marriage as a ground for divorce. Both the husband and wife have a right to dissolve their marriage without providing reason.

However, it prescribes an exhaustive procedure for the exercise of such a right. In the case of dissolution at the behest of the husband (called talaq), the procedure prescribed is this :

1. If a Muslim man wants to dissolve his marriage by way of talaq, the dissolution must be preceded by attempts at reconciliation by arbiters from both sides.

2. If reconciliation attempts fail, he may pronounce talaq.

3. Talaq must be pronounced in the presence of the wife and witnesses. In the event the wife refuses to be physically present, the husband must pronounce it in writing and must communicate the writing to his wife.

4. However, there will be a ‘cooling period’ of 3 months during which, if parties reconcile, the talaq so pronounced may be revoked. For these 3 months, this talaq shall remain in abeyance.

5. If during the aforesaid 3-month period, the talaq is not revoked, it will be effective on the expiry of 3 months.

6. If the husband pronounces talaq in accordance with the aforesaid procedure and revokes it within the 3-month cooling period, the marriage stays intact. However, he can do this (pronouncing talaq and revoking it) only twice. If he pronounces talaq for the third time, he cannot revoke it and the marriage shall stand dissolved.

7. The husband must make reasonable provision for maintenance and alimony for the wife.

In India, for decades now, Muslim husbands have been told by ill-informed (and often mischievous) clergy that talaq will not be effective except when pronounced thrice in one sitting. That a Muslim husband must necessarily utter the word talaq three times at one go to dissolve his marriage. They have also been told that such an utterance will lead to an ‘irrevocable’ dissolution of marriage after which parties can neither revoke the divorce nor remarry even if both of them so desire, unless the divorced wife first marries another man, consummates that marriage and gets divorced by that man.

This absolutely un-Islamic practice called halaala was nothing but reprehensible mischief devised by a misogynist clergy to persecute innocent couples (especially the wife) who wanted to rethink their divorce. This practice – pronouncing talaq three times in one go to make it irrevocable and forcing the woman to go through the inhuman practice of halaala — which was challenged before the Supreme Court and which is commonly called Triple Talaq.

Please click here to read more.

The Indian Express, 23 August, 2017, http://indianexpress.com/article/opinion/supreme-court-avenges-a-misogynist-clergy-4809086/


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