India is perhaps the only country in the world where a
Muslim man can divorce his wife in a matter of minutes by just uttering the
word talaq (divorce) three times. But this controversial practice of
"triple talaq" is now facing a stiff challenge - the Supreme Court is
considering whether to declare it unconstitutional.
Shayara Bano's world came crashing down in October.
The 35-year-old mother of two was
visiting her parents' home in the northern state of Uttarakhand for medical
treatment when she received her talaqnama - a letter from her husband telling
her that he was divorcing her.
Her attempts to reach her husband of
15 years, have been unsuccessful.
Shayara Bano has petitioned the Supreme Court to declare
triple talaq unconstitutional
"He's switched off his phone, I have no way of getting
in touch with him," she told the BBC over phone from her home in the
northern state of Uttarakhand. "I'm worried sick about my children, their
lives are getting ruined."
In February, a frustrated Shayara Bano filed a petition in
the Supreme Court, demanding a total ban on triple talaq which, she says,
allows Muslim men to treat their wives like "chattel".
Muslims are India's largest minority
community with a population of 155 million and their marriages and divorces are
governed by the Muslim personal law, ostensibly based on the sharia.
Even though it has been practised
for decades now, the unilateral instant triple talaq is clearly an aberration -
it finds no mention in sharia or the Koran.
Islamic scholars say the Koran clearly spells out how to
issue a divorce - it has to be spread over three months which allows a couple
time for reflection and reconciliation.
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Activists are demanding a total ban
on triple talaq
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Activists say most Islamic countries, including Pakistan and
Bangladesh, have banned triple talaq, but it thrives in India.
For years, Muslim women in India have also been demanding a
ban on the reprehensible practice - in 2004, I wrote about a similar campaign to end triple
talaq.
A dozen years later, the situation
appears worse.
And modern technology has made it
even easier for unscrupulous men to dump their wives - using text messages as
well as post and the telephone to pronounce divorce. There have also been
instances where men have used Skype, WhatsApp or Facebook for the purpose.
"Since 2007, we have come
across thousands of cases of oral triple talaq, rendering women destitute with
nowhere to go," says Professor Zakia Soman, social activist and BMMA
founder.
In a majority of the cases compiled
by the BMMA, the divorced women were from poor families and most said their husbands
did not honour their obligations to pay maintenance, forcing them to return to
their parental homes or fend for themselves.
Indian Muslims also follow Halala -
where a divorced woman has to marry another man and consummate her marriage in
order to go back to her former husband.
"India is the only country in
the world where these un-Koranic practices exist. These are barbaric and
totally unacceptable. There's a need for a comprehensive review of Muslim
personal laws in India," Prof Soman told the BBC.
In October, the BMMA wrote a letter
to Prime Minister Narendra Modi demanding "reforms in Muslim divorce and
polygamy laws". They also filed a petition in the Supreme Court.
Prof Soman says what makes matters
worse for the women is that "this un-Islamic triple talaq is often
sanctioned by the Muslim clergy - the qazis and maulvis".
Perhaps that is why the Supreme
Court's decision to take up Shayara Bano's petition has been opposed by several
influential Muslim groups, including the All India Muslim Personal Law Board
(AIMPLB).
Its working committee member Asma
Zehra is quick to "condemn" the practice, describing it as
"haraam" (forbidden), but insists that the divorce rate is still very
low among Indian Muslims and that the issue is being blown out of proportion by
forces inimical to Islam.
Ms Zehra says Muslims are struggling
to survive under the present Indian government, led by Mr Modi's Hindu
nationalist Bharatiya Janata Party, adding that the focus on the issue of
triple talaq is "basically because they want to interfere in our
religion" with the aim of introducing a uniform civil code.
She says that even though triple
talaq has no Koranic sanction, it is not in their power to ban it because
AIMPLB is "just a moral body, we can only educate people".
Ms Zehra says they are doing plenty
to educate people, but activists say much more needs to be done.
"Condemning it is not enough.
These practices need to be declared illegal," says Prof Soman.
"It's important that the Muslim
family law is properly codified. Koran gave us our rights, the patriarchal
forces have taken it away from women," she adds.
Shayara Bano, in her village in the
hills of Uttarakhand, is pinning her hopes on the Supreme Court.
"I want my husband to take me
back. I'm hoping to get justice from the court," she says.
NEWS SOURCE:BBC.COM
Photo credit AFP
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