Society and Culture

Should triple talaq be outlawed?

There are four or five judgments where the triple talaq provision has been struck down as invalid. But it has not led to this un-Koranic practice being rooted out from our society. Triple talaq continues to be the most common method of divorce. We had done a sample study of 4,710 women and found that out of 525 women who were divorced, 349 were victims of triple talaq. While the courts have settled the matter, we have to look at the unjustness of the entire process. How can we accept that a man can simply utter the word talaq thrice or communicate it through phone with no witness deemed necessary and where the burden is on the wife to legally contest it? There is no law binding the man, he can just act on his whim. This is absolutely unfair and must be stopped.

Feb 24, 2017
By Zakia Soman; Kamal Faruqui; Syeda Hameed
 
Zakia Soman, co-founder of Bharatiya Muslim Mahila Andolan, an autonomous organisation, and a co-petitioner in the triple talaq case before the Supreme Court, writes:
 
It is the constitutional obligation of the government to enable Muslim women to obtain a level playing field
 
There are four or five judgments where the triple talaq provision has been struck down as invalid. But it has not led to this un-Koranic practice being rooted out from our society. Triple talaq continues to be the most common method of divorce. We had done a sample study of 4,710 women and found that out of 525 women who were divorced, 349 were victims of triple talaq. While the courts have settled the matter, we have to look at the unjustness of the entire process. How can we accept that a man can simply utter the word talaq thrice or communicate it through phone with no witness deemed necessary and where the burden is on the wife to legally contest it? There is no law binding the man, he can just act on his whim. This is absolutely unfair and must be stopped.
 
Seeking a level playing field
 
Let me cite a case from Madhya Pradesh where a woman who did not wake up when her husband returned late from work received talaq thrice when she was asleep! She was informed about her husband’s decision by her mother-in-law. It is a convoluted argument to say that triple talaq is not an issue only because a few judgments have declared it invalid. Why should a man have unilateral powers to divorce, and the woman just comply? What is wrong in seeking a level playing field between husband and wife? Such arguments only further the patriarchal order.
 
Read more at:
http://www.thehindu.com/opinion/op-ed/should-triple-talaq-be-outlawed/article17355643.ece
 
The Hindu, February 24, 2017

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