So, #TripleTalaq is a hot topic at this moment in Indian media.
Despite almost 22 countries (governed by Muslims entirely) banning this system of divorce, it is practiced in India predominantly.
Muslim women went to the Indian courts and appealed for this to be banned and have their rights safeguarded.
The Indian Muslim Personal Law Board of India says “this is our religious matter and you must not intervene in our ways” to the Indian government.
I’ve been following the discussion around for a while and here are 3 things I realized:
If any man says the word Talaq to me or even subtly gives me the body language that he doesn’t want me, I’ll dump his sorry ass the very moment. #NotDesperate
(But that’s just me and I’m obviously speaking from a position of privilege as I have a doctorate level qualification, earn my way in this world, speak different languages and been surviving on my own long enough. Not every woman has those privileges and education, therefore no judgment against women who want to stay in bad marriages).
2- What’s in the Quran.
Yes, in the holy Quran and the various Sharia’ that came after it, the triple talaq is mentioned. But like every other subject, it is a matter to be seen within the context. It’s not that Islam was trying to favor men over women in order to keep women oppressed.
In Saudi Arabia, during the olden times until now, paying the dowry was the man’s/ groom’s duty. That meant a man had more financial stake in the marriage as he had paid for the ceremonies and other whole shebang. Therefore before uttering the word ‘divorce’ men had to take precautions, think carefully as remarrying may not be an option, so trying to reconcile would be something men would be inclined to do.
Women, on the other hand, didn’t have to pay for the dowry or ceremonies which made it financially a much less risky business for them. And since re-marriage in Islam was allowed, it was a lot easier for a woman to just get rid of one husband and re-marry another. Hence all the other precautions in order to safeguard the financial stake of the man but also not denying a woman’s right to get rid of the man if he was genuinely awful to her.
This is highly inapplicable in the Indian situation because, in India, Muslim men take dowry from women, just like Hindus. This removes the financial pressure from men and places it on the women’s family.
To this if you add the triple talaq convenience, it just makes life a bed of roses for such men
because not only they take dowry, money and everything in between from the woman, they also kick her out any moment they want with three words. It is double the risk and inconvenience for women.
3- LAW OF THE LAND should preside.
Among all the arguments, the most important law that should prevail is the human rights law. Second, comes the law of the land and then third comes the law of any religion.
In case you think I’m a bad Muslim for saying so, go read the Islamic history and Hadith, that’s what Islam says too- the law of the land comes first!
If every religion started preaching their own philosophies in the Constitution, the Sati system would never have been abolished. That must be one sorry state.
Muslim politicians are bringing all sorts of excuses of times when the Indian Government failed to provide equal rights for Muslims and may be favored some religious groups- Owaisi mentioned about the inheritance rights of Hindu women and their marriageable age. True, those are awful too but they do not justify oppression of Muslim woman. And I’m sure, sooner or later that would be dealt with too. Because the population and educational level of Hindu women in India is much higher than that of Muslim women.
If Muslim women have taken such steps and are standing up for their rights, I’m sure Hindu women will win their rights too. It’s just a matter of time…
For me- it’s not Hindu women’s rights or Muslim women’s rights-
IT’S WOMEN’S RIGHTS!
Therefore, my 2 cents- Islam is great but it needs to be understood in the context of situations, not as an excuse to pursue personal agendas and it look like women oppressor.
I don’t know about the older generation but I really wish and pray that the younger one doesn’t copy the older ones and move towards humanity and equality.