By: Dr. (Mufti) Md. Obaidullah Qasmi
Instant triple talaq is valid according to Muslim personal law recognised to be based on Hanafite school of thought for Hanafi Muslims of India. Making it invalid is, in fact, stopping them from practicing their religion, the fundamental right guaranteed in the constitution.
Making instant triple talaq invalid and ineffective will cause the Muslim Hanafi couples commit religiously illicit relationship, and thus forcing them to produce Haraami children and not to practice their religion. This will rob them of their peace of mind pushing them into the pitch of mental agony forever.
Criminialising the pronouncing of triple talaq even after it has been made harmless by the Supreme Court is a sheer nonsense. It is nothing but a 3-year imprisonment punishment under criminal code for no crime committed at all. It is just as if the husband smiles before his wife and he is sent to jail for 3 years. It is called a jungle raaj symptom.
According to the bill, the divorcer husband will be sent to jail for 3 years and the wife and children will be financially supported by imprisoned divorcer during the period of his prison days. Has any legislation of the world seen such a contradictory and irrational law?
For what crime of hers is the wife not given permission to marry another man of good conduct but forced to wait for long 3 years to live with such a criminal husband whom she herself sent to prison? Can the wife live happily with such a big criminal after 3 years? Is it freeing woman from injustice or pushing them her into deeper pitch of oppression to cry ceaselessly.
Do you think the divorcer by triple talaq will return after 3-year humiliating and painful punishment to love his wife? Never and Never! This imprisonment will strike the final blow to the chances of the improvement of their relationship in the future. So, this criminilisation will bring nothing but a bigger damage to the woman and will create a bigger challenge in the chances of happy reconciliation. Will it still be called a pro-woman bill or an anti-woman bill?
This bill will be a tool to destroy the families of the Muslim community. This will be a cognizable crime, so the divorcer will be arrested without any warrant and no bail will be given. Even a third party can report to the police about triple talaq and on the basis of his report, the poor husband will be put into prison at least till the scrutiny of the evidence. This way, the law may be highly abused.
Family dispute is a common occurrence across the world but the salt of married life. In the dispute, sometimes the husband is on the wrong and sometimes the wife. If ,because of a dispute and out of anger, the wife stealthily pics the husband’s mobile and type ‘Talaq, Talaq, Talaq’ and sends it through sms or whatsapp to her own number and then files a case of triple talaq in the police station, what will happen? The husband will suffer an imprisonment of 3 years for no crime. Can this bill not be easily abused this way or in thousand similar ways?
*In brief, the bill in the present form is full of بِل (holes), contradictory, anti-Muslim men, anti-Muslim women, voilator of the constitution, against the fundamental right of the practice of religion, and higly prone to abuses.*
It is also very funny and laughable that the community (Hindu) with far greater ratio of divorce cases than the Muslim community, according to the country’s RTI report, is spared and *the community (Muslim) with far less divorce cases is going to be penalized.* Is this punishment due to crimes, if divorce is crime? Such things happen nowhere else but in jungle raaj!
Author is noted Islamic scholar and assistant professor at Delhi University