5. The Triple Talaq: Islamic Culture in India
By Juhi Tanniru and Zyna Shoukat, published 2019
Editor's note & Preface: Woman's equality naturally accompanies our focus on the MeToo movement. Despite large wage gaps in western nations, woman in eastern nations suffer far more egregious cultural rights violations. One such example is the Triple Talaq, an Islamic marriage custom largely considered derogatory towards woman. This article views the custom through two lenses: one as a gender equity crime, and the other as a mechanism of religious oppression.
A Crime Against Gender Equality
Talaq, Talaq, Talaq. It takes the utterance, text, or email of the word “talaq”, - the Arabic for divorce -three times, for a man to be able to divorce his wife. This age old tradition that allows a Muslim man to instantaneously divorce their spouse has recently been outlawed in India. Despite the Indian Supreme Court’s act of declaring this tradition unconstitutional in 2017, it was not until July 30th, 2019 that it became officially illegal. After the Lok Sabha (the Lower House of Parliment) passed the Muslim Women (Protection of Rights on Marriage) Bill, and the Rajya Sabha (the Upper House of Parliment) ratified the bill, the action of “triple talaq” is now punishable with up to three years of jail time. This bill went through a cycle of obstacles, with members of Congress from opposing parties such as the Janata Dal United and the All India Anna Dravida Munnetra Kazhagam walking out during the voting. However, in the end the Rajya Sabha narrowly approved the bill with 99 votes for and 84 votes against (Gulf News).
While opponents have deemed the idea of criminalizing divorce unusual, the BJP- led government of India declared “triple talaq” as “unconstitutional, discriminatory, and derogatory” (Business Today). Furthermore, the religiously diverse justice panel of the Indian Supreme Court have all concluded that the practice of “triple talaq” was in direct conflict with constitutional morality and even with the teachings of the Islamic holy book, the Quran. The number of cases that deal with triple talaq is hard to pinpoint, as it has become a common practice in certain areas. However, with this bill now in place, Law Minister Ravi Shankar Prasad explains the reasoning behind presenting the law is to create a “deterrence” that will aid in reducing the amount of women who are marginalized by “triple talaq” (BBC).
Moreover, the bill not only protects women, but also provides safety towards the children who have been affected by “triple talaq.” A provision in the law states that a woman “can approach a magistrate for ‘subsistence allowance’ not only for herself but also for her minor child” (Business Today). This essentially implies that on matters concerning the custody of the child, a judge has the authority to make the final call.
Although the criminalization of “triple talaq” in India has sparked controversy, in countries where Islam is the dominant religion (e.g. Egypt, Bangladesh, Pakistan, the United Arab Emirates), the notion of triple talaq has already been banned. In all, the Indian government maintains the stance that this is not a politically charged law, but rather from one of female empowerment, human rights, and gender equality.
Talaq, Talaq, Talaq. It takes the utterance, text, or email of the word “talaq”, - the Arabic for divorce -three times, for a man to be able to divorce his wife. This age old tradition that allows a Muslim man to instantaneously divorce their spouse has recently been outlawed in India. Despite the Indian Supreme Court’s act of declaring this tradition unconstitutional in 2017, it was not until July 30th, 2019 that it became officially illegal. After the Lok Sabha (the Lower House of Parliment) passed the Muslim Women (Protection of Rights on Marriage) Bill, and the Rajya Sabha (the Upper House of Parliment) ratified the bill, the action of “triple talaq” is now punishable with up to three years of jail time. This bill went through a cycle of obstacles, with members of Congress from opposing parties such as the Janata Dal United and the All India Anna Dravida Munnetra Kazhagam walking out during the voting. However, in the end the Rajya Sabha narrowly approved the bill with 99 votes for and 84 votes against (Gulf News).
While opponents have deemed the idea of criminalizing divorce unusual, the BJP- led government of India declared “triple talaq” as “unconstitutional, discriminatory, and derogatory” (Business Today). Furthermore, the religiously diverse justice panel of the Indian Supreme Court have all concluded that the practice of “triple talaq” was in direct conflict with constitutional morality and even with the teachings of the Islamic holy book, the Quran. The number of cases that deal with triple talaq is hard to pinpoint, as it has become a common practice in certain areas. However, with this bill now in place, Law Minister Ravi Shankar Prasad explains the reasoning behind presenting the law is to create a “deterrence” that will aid in reducing the amount of women who are marginalized by “triple talaq” (BBC).
Moreover, the bill not only protects women, but also provides safety towards the children who have been affected by “triple talaq.” A provision in the law states that a woman “can approach a magistrate for ‘subsistence allowance’ not only for herself but also for her minor child” (Business Today). This essentially implies that on matters concerning the custody of the child, a judge has the authority to make the final call.
Although the criminalization of “triple talaq” in India has sparked controversy, in countries where Islam is the dominant religion (e.g. Egypt, Bangladesh, Pakistan, the United Arab Emirates), the notion of triple talaq has already been banned. In all, the Indian government maintains the stance that this is not a politically charged law, but rather from one of female empowerment, human rights, and gender equality.
Part of a Larger Story: Hindus Suppressing Muslims
Islam is the second largest religion in India, with approximately 200 million followers across the nation. In spite of this large population, the deeply rooted animosity and the turbulent relationship between Muslims and Hindus is not much of a secret.
Triple talaq is the practice under which a Muslim man can divorce his wife by simply saying "talaq" thrice. It is common among India's Muslim community, where most are followers of the Hanafi Islamic school of law. However, it is crucial to note that this mode of divorce is not universal among all Muslims.
The Indian Supreme Court declared the practice unconstitutional in 2017, however no bill was passed at the time due to the extreme controversy surrounding it.
People who supported the ban of “Tin Talak” claim the new measure protects Muslim women. People who oppose it say the punishment is a harsh infringement of basic human rights.
India's governing Bharatiya Janata Party (BJP) supports the bill, while the Congress, its main opposition, is against it. However, the BJP does not have a majority in the upper house of the parliament. Yet, the bill was passed by 99 votes to 84 despite the fact that many members walked out and opposed it. As a result, “Tin Talak” was outlawed earlier this year, and any man found in breach of the new law may now be imprisoned for up to 3 years.
Prime Minister Narendra Modi of the BJP, quickly celebrated the vote on twitter, claiming it was “a victory of gender justice,” when in reality it was a victory of India over its Muslim population.
Many people accused the Hindu BJP of targeting Muslims and not allowing them to exercise their freedom of expression. Numerous Muslim politicians, and opposing parties have denounced the passage of the bill.
Among these groups is the Indian National Congress, which demanded that the bill be sent to a parliamentary committee so it can be analyzed carefully and all possible provisions can be debated upon.
People who criticize the bill say that a three-year jail term for people practicing instant divorce could be misused to target the Muslim community . "The BJP is interfering in Muslims' domestic issues. It demonises Muslim men," said Ghulam Nabi Azad (an official from the congress party). The people who support this practice claim that the issue has been made controversial by Modi's BJP on purpose. They say that Hindu nationalists want to cause a hindrance in Islamic faith and practices so no diversity remains within India.
Furthermore, the bill was called “very dangerous” by a member of the All India Muslim Personal Law Board. "Who will take care of the wives and children once the husband goes to jail?" he asked.
Expressed simply, there are two opposing points of view: advocates of an Islamic personal law want religious freedom, which is stressed upon in India's constitution. For them, retaining an Islamic legal code is a way of preserving Muslim identity.
On the other side are the supporters of a uniform civil law, and they demand that one and the same law should apply to all Indian citizens, with no attention paid to their religious affiliations.
The process of “Tin Talak” is admittedly far from perfect. Like most cultural practices, it has its issues and can be grossly misused. If used incorrectly, it can wreck havoc upon the lives of Muslim women and men alike. However, the need to prevent this practice from leading to issues must be balanced against the right to freedom of religion. Criminalizing an old custom people strongly believe in is not going to solve anything. It may let religious men, fathers of young children, who are only practicing what their religion allows, rot in jail.
Islam is the second largest religion in India, with approximately 200 million followers across the nation. In spite of this large population, the deeply rooted animosity and the turbulent relationship between Muslims and Hindus is not much of a secret.
Triple talaq is the practice under which a Muslim man can divorce his wife by simply saying "talaq" thrice. It is common among India's Muslim community, where most are followers of the Hanafi Islamic school of law. However, it is crucial to note that this mode of divorce is not universal among all Muslims.
The Indian Supreme Court declared the practice unconstitutional in 2017, however no bill was passed at the time due to the extreme controversy surrounding it.
People who supported the ban of “Tin Talak” claim the new measure protects Muslim women. People who oppose it say the punishment is a harsh infringement of basic human rights.
India's governing Bharatiya Janata Party (BJP) supports the bill, while the Congress, its main opposition, is against it. However, the BJP does not have a majority in the upper house of the parliament. Yet, the bill was passed by 99 votes to 84 despite the fact that many members walked out and opposed it. As a result, “Tin Talak” was outlawed earlier this year, and any man found in breach of the new law may now be imprisoned for up to 3 years.
Prime Minister Narendra Modi of the BJP, quickly celebrated the vote on twitter, claiming it was “a victory of gender justice,” when in reality it was a victory of India over its Muslim population.
Many people accused the Hindu BJP of targeting Muslims and not allowing them to exercise their freedom of expression. Numerous Muslim politicians, and opposing parties have denounced the passage of the bill.
Among these groups is the Indian National Congress, which demanded that the bill be sent to a parliamentary committee so it can be analyzed carefully and all possible provisions can be debated upon.
People who criticize the bill say that a three-year jail term for people practicing instant divorce could be misused to target the Muslim community . "The BJP is interfering in Muslims' domestic issues. It demonises Muslim men," said Ghulam Nabi Azad (an official from the congress party). The people who support this practice claim that the issue has been made controversial by Modi's BJP on purpose. They say that Hindu nationalists want to cause a hindrance in Islamic faith and practices so no diversity remains within India.
Furthermore, the bill was called “very dangerous” by a member of the All India Muslim Personal Law Board. "Who will take care of the wives and children once the husband goes to jail?" he asked.
Expressed simply, there are two opposing points of view: advocates of an Islamic personal law want religious freedom, which is stressed upon in India's constitution. For them, retaining an Islamic legal code is a way of preserving Muslim identity.
On the other side are the supporters of a uniform civil law, and they demand that one and the same law should apply to all Indian citizens, with no attention paid to their religious affiliations.
The process of “Tin Talak” is admittedly far from perfect. Like most cultural practices, it has its issues and can be grossly misused. If used incorrectly, it can wreck havoc upon the lives of Muslim women and men alike. However, the need to prevent this practice from leading to issues must be balanced against the right to freedom of religion. Criminalizing an old custom people strongly believe in is not going to solve anything. It may let religious men, fathers of young children, who are only practicing what their religion allows, rot in jail.
