The Triple Talaq bill 2019 still cheats Muslim women in many areas

At first sight, the Triple Talaq Act looks like a gift from heaven. But in the long run, this bill, which was passed by Rajya Sabha yesterday, doesn’t end the problems of Muslin women. The Narendra Modi government also must fall hard on all sex offenders, irrespective of their status.

Finally, yesterday, after a very long time, the Triple Talaq bill was passed in Rajya Sabha too. It is an important moment in the lives of poor Indian Muslim women who are always at the mercy of their violent husbands. I hope that after the passage of this bill, women in India generally, and Muslim women specifically lead better lives from now on.

Last year, the Supreme Court had banned instant triple talaq and had asked the Union government to make appropriate laws on Muslim marriages.

Though I have my own doubts on this; it seems the government is not completely serious about the status of women in India.

Before we proceed further, let me make a few clarifications.

1. The Triple Talaq Bill 2019 only criminalizes instant talaq. It does not criminalize triple talaq altogether. A Muslim man can still get away by uttering ‘talaq’ thrice but not instantaneously.
2. The Muslim Women Bill 2019 does not outlaw the horrible practice of Nikah Halala. Under this practice, a divorced Muslim woman who wants to remarry her divorced husband has to marry another guy first. This second guy then has to divorce this woman and this is how she can reunite with her previous husband.
3. Muslim women still do not have the absolute right to divorce their husbands. This bill doesn’t help them gain those divorce rights.

No doubt, the Triple Talaq bill is a huge step forward toward making the lives of ordinary Muslim women easier but serious gaps remain.

Polygamy and Triple Talaq bill

This bill also does not talk about polygamy which is so widely accepted among the Muslims. But I can understand why the Narendra Modi government is silent on this practice.

Parliament and the government do not have the power to interpret laws and social customs. That authority, power, and privilege lie with the Supreme Court.

In the case of instant talaq, it was the Supreme Court that declared this practice to be bad and illegal. However, it did not make laws regarding instant talaq. The Supreme Court let the Parliament do that job.

So unless the Supreme Court outlaws polygamy too, our Parliament cannot make any laws on this hateful practice.

The next question- what stops the Modi government to ask the SC to cancel Halala and polygamy?

Is polygamy allowed in Quran?

I guess it is time to mount a serious pressure on our Supreme Court and Parliament to ban polygamy among Muslims. This practice is not only hateful but also goes against the spirit of our Constitution. If Hindus, Christians, and others are not permitted to marry more than one woman, why should there be a special provision for Muslims?

What does the Quran say about polygamy?

To be fair, opinions are divided on this issue.

Feminists say polygamy was allowed among Muslims in the 7th century because there were a lot of female orphans all around. Too many wars in that era caused a lot of bloodshed and there were many orphaned girls and women all around. Seeing this misery, Mohammad allowed his followers to marry up to 4 women provided the husbands could manage all of those ladies.

Fundamentalists, on the other hand, say the Quran permits polygamy and there shouldn’t be any interference in this system. These guys oppose any kind of interference in their religious systems.

What about Nikah Halala?

Like polygamy, Nikah Halala also is okayed by the Quran. And in this case, too, feminists say that there is a hidden meaning behind this evil practice.

They say that Halala was okayed by Mohammad because it discouraged Muslim men to divorce their women. It is often seen that instant talaq is given by the husbands when they are angry or mentally unbalanced. Later, when these guys come to their senses, they want to reunite with their divorced women.

According to feminists, Halala stops these men from uttering the word ‘talaq’ thrice.

Now it is up to the Supreme Court whether it goes along with the Quran on Halala or uses its own mind while banning it.

But what about the rights of Muslim women who want to divorce their husbands?

Can Muslim women divorce their husbands?

The clear answer is No.

According to various Islamic scholars, Muslim women cannot divorce their husbands on their own. To obtain a divorce, these Muslim women must obtain permission from their husbands. How silly is this arrangement! It seems that in Islam, men get away with all the powers and authority while women are treated like cattle.

There is another area in Islam where women are treated unfairly in comparison with Hindus, Christians, and others. And that has got to do with marriages.

Marriage in Islam

While the Triple Talaq bill criminalized instant talaq, it did not talk anything at all about child marriages in the Muslim society.

You would be horrified to know that the legal age of the marriage of Muslim girls is just 15! In the other communities, a girl must be at least 18 before she can be married by her parents. Isn’t that obnoxious?

Are we not stopping a young Muslim girl from shaping her career by forcing her to marry at 15? What about her young and fragile body- can it bear children at this age? What would happen to her mental health and happiness?

And lastly, aren’t we discriminating among Indian citizens this way?

So now you see, the Triple Talaq bill doesn’t do much for Muslim women. For me, this bill is just a drama to gather some attention from the voters.

Women need dignity

I would also like to say that women from all religions need dignity and security. But women related issues in India don’t get the attention that they deserve.

In India, women, particularly those coming from disadvantaged backgrounds, continue to be raped by people in power. Who can forget the Unnao rape case where the rapist is an MLA!

What is more disgusting is that these criminals are shielded by political parties. Until yesterday, the rapist MLA continued to be a member of the BJP which rules Uttar Pradesh. Thanks to popular opinion, he was expelled from his party yesterday, else he would have continued to be a ruling party lawmaker.

Not safe even in Parliament!

Are our women safe even in our holiest of institutions- the Parliament?

No way. Who can forget the grossly insulting comments of Azam Khan directed at a lady MP? And who can forget the humiliation faced by Mamata Banerjee several decades back in the Bengal Assembly? She was called names by her political opponents.

Sadly, Azam Khan was allowed to save his skin by offering an apology and this matter ended there. Why wasn’t he arrested by the police? Are our lawmakers beyond the law?

Last word

We have to do so many things to ensure that not just Muslim women but ladies from all walks of life lead dignified lives. If we have a democracy, then we must have common laws for all our citizens. Religion must not be allowed to influence our laws at all. The Triple Talaq bill is just one step forward in the direction of women dignity and security. More such steps need to be taken in the future.