Thu. Aug 22nd, 2019

Controversial Triple Talaq Bill

Lone Hilal

GoI is seeking parliamentary approval for the Triple talaq Bill,know as “The Muslim Women (Protection of Rights on marriage) Bill 2019.But is not happening. For every moment, Government lacks majority in Rajya Sabha. Multiple ordinances have been promulgated. There is raging debate on the issue. As the Triple Talaq bill became so controversial at some flat forms of discussions. It has taken shape of conflicts between Muslim faith leaders (Ulma) and media. Despite introduced for the security of Muslim women, still at many platforms Muslim women criticized the Bill, as it is regarded as interference with Islamic culture, teachings and beliefs. Shayara Bano was married for 15 years. Her Husband divorced her in 2016. She submitted PIL in supreme Court that triple talaq (Talaq-e-biddat) should be banned. It is due to this, Triple Talaq became controversial and debatable. Discussions were held in Indian Parliament and it was declared that triple talaq(talaq-e-biddat) is gender injustice and unconstitutional in nature. To discuss the issue, we need to know and comprehend the issue from situational points and from the Islamic texts forming its base. No complete solution has been found yet and couldn’t be ananalysed Justiable or unjustifiable practiced nature of the talaq-e-biddat, which is forbidden, but legal right. Therefore, it is indicative, talaq-e-biddat is situational compulsion for any spouse or for both in which they get trapped ( domestic violences). In these circumstances, which type of Talaq is applicable to end the conflict(domestic violence) between spouses or given by Husband in anger or will. It depends upon severity of the situation in which, they fell. Conflict in human beings is not new. Every human being falls in conflict at any junction in life. Marriage, which is compulsory practice of societies for continuance of civilized societies, can be performed as per religious teachings. Each religion teaches ways to perform, continuance or breaking of a relationship. Islam stresses more on continuance of relationship than talaq. However, it becomes unfortunate situation for some couples to fell in conflicts. Marriage is a bond, which can be strengthened by love and sacrifice. For successful relationship, spouses must be complimentary for each other, like a pen and its cap are complementary to each other. There is necessary to create mutual understanding, trust and apathy for each other, which can give everlasting strength to the relationship. However, some couples fail to create so. Day by day, due to losing trust and misunderstanding and suspicion arises. Ultimately, it results in breakup from one or both sides. For this everlasting solution to conflict is talaq to avoid possibility of Criminal offences Like Murders or Suicide attempts. During discussions recently telecasted live, It is often misunderstood that marriage in Islam is a social contract. Which is misunderstanding and false argument?
No, marriage in Islam is actually a mutual agreement between a couple and their relative parties. Paying of a Mehr (Dowery) is not contract, but mandatory condition. Agreement is made forever, but contract is made for short term.
In Islam, making of a relationship requires mutual consent, but in case of breaking (divorce) requires will of Husband Or grant of women or mutual consent of both. All these are circumstantial based on severity of conflicts. As the Quran is text revealed by Almighty Allah upon his Messenger (PBUH). Each Ayah of the Quran is word of Allah. So, the provision of Talaq is from Allah, not from any human being or from any organization unlike Constitution of a country. In this way, Triple Talaq Bill is interference with Islamic culture, beliefs and teachings. So, Shariyah(Islamic law is law of Almighty Allah. The Almighty Allah is supreme and His laws are supreme. So, Talaq can’t be injustice, but end of one relationship and initiative for next. As the Islam stresses on women to be obedient to her Husband. In Quran (Chapter 4, Ayat 35), Allah says, “Men are in charge if women by(right of) what Allah has given one over the other and what they spend (for maintenance) from their wealth. So, righteous women are devotedly obedient, guarding in(the Husband’s absence, what Allah would have them guard(Chastity). But those (wives) from whom you fear arrogance. (First) advice them, If they persist, forsake them in bed. But, If they obey you (once more) , seek no means against them. Indeed, Allah is ever exalted and grand). As per Quran (Sura 114,Ayah 5),Satan is clear enemy of mankind, who breasts evil into the hearts of mankind. In this connection, In Sahih Muslim had it no. 2813, Jabir reported; Massanger of Allah (pbuh) said, “Verily, Satan places his throne over the water and he sends his troops. The closest to him are the greatest causing tribulations. One of them says; I have done this and this. Satan says; you have done nothing. Another says, I did not leave that man alone, until I separated him from his wife. Satan embraces him and he says; you have done well. “It is well known, In Hinduism practice of sati was prevalent from ages. In British colonial period, Lord Dalhousie abolished practice of sati by passing Hindu remarriage Act, 1856. Sati culture of Hinduism is much severe injustice. To avoid such injustices of cultures, Islam came with solution of polygamy (up to 4 wives) on the condition justice with all. In the culture of polygamy, there is chance of Talaq. It like demolition of old House and initiative to construct new. Planting a moisture resistant at new moisture free place to grow better. Some soils and atmospheric temperatures allow most of the plants to grow. Some soils allow few, but little.In conclusion, we can say, Islam is complete solution. Marriage being a signed agreement between a couple and the parties of their respective relatives can be strengthened by love, mutual understanding and trust. Talaq being forbidden, but legal circumstantial practice to end the rising conflict (domestic violence) to prevent its bad consequences like Murder and suicide attempts. Triple Talaq is itself preventive measure of criminal offence.Talaq is new opportunity to lead a new conflict free marital lives, where people fail to love, create mutual trust, understanding and apathy for each other.

(The author is a freelancer. Views are his own,


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