Get Inspired, Be Empowered Forums Sexism & Patriarchy Has the criminalization of Triple Talaq really helped Muslim women?

6 replies, 6 voices Last updated by Shubhangini Shaktawat 2 years, 11 months ago
  • Woospire
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    @admin
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    Has the criminalization of Triple Talaq really helped Muslim women? What are the ground realities, what really needs to be done?

    shaifalikapoor03
    Participant
    @shaifalikapoor03
    #31123
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    By criminalising triple talaq, the government bans the practice of triple talaq in the books of laws but it still plays a part in islamic religion, according to their religion a man still can divorce his wife just by using the word “talaq” three times a row.
    The problem with most women is that they fear divorce themselves and they think that protecting their husbands to not to a face a misery is their duty. When the criminalization of triple talaq took place, strangely, there were tons of women, protesting against its criminalization. There were women who were protesting that they need not be protected against triple talaq. Moreover, the criminal offence to triple talaq is a non-bailable 3year imprisonment which is what the women didn’t wanted for their men because they don’t want to be a burden to their families. These women are in such a vicious cycle created by the society that facing injustice by their husbands make them suffer but making their husbands punish for their injustice makes the women to suffer too. The society has made it so harsh for women that now women thinks that it’s their duty to suffer through what these men bring them. What really needs to be done is providing education to the women so that they can stand on their feet and not feel to be a burden on their families, they need to understand that living for the husband is not written in their fate and moving on with life without a monster husband is better and good, they need to be provided with their basic needs to survive until they find a way to live without feeling to be a burden to their family.

    PALAK KASHIV
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    @palak
    #31244
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    Triple talaq is a practice where a marriage relationship ends when the husband has talaq thrice to her wife. The government has criminalized this practice of triple talaq. But a lot of women have fought to get this act. Muslim women were facing a lot of difficulties due to this, they have to left their husbands without any financial support, they have to become independent even when society did not help them, their condition was miserable, also they were not called as legally divorced also. But still, it exists in Islamic regions, no man has the right to treat women like a toy, this triple talaq act helped women a lot now men have fear before taking talaq. Punishment imprisonment for three years without any bail. When this act were a lot of Muslims and religious communities come together to oppose this law. Torture and harass women because this is something which was very important for married they always have to leave to in fear. Triple talaq has contributed to women’s empowerment and given them the dignity they deserve in society. People choose to do triple talaq to marry another woman for money and to get the dowry the two main reasons, they used to take talaq on phone call, on the message that really the wrong thing women have accepted because there was no there was choice would have remained for them. Women who are still suffering should come forward and should file the complaint in court and be an inspiration for other women’s.by enacting the law government strengthens the fundamental and constitutional of Muslim women. I want to state this woman is unstoppable after she realizes she deserves better.

    Apoorva Pathak
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    @apoorva
    #31439
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    In the Muslim region dissolution of marriage can be done by husband, wife, mutual consent, judicial process. But in Muslim law husbands have special power to pronounce divorce or talaq such as Talaq-e-Sunnat (Talaq-E-Ahsan and Talaq-e-Hassan) or by Talaq-e-Biddat. Sunnat means religious. It does not invoke anyone’s dignity it is a happy dissolution of marriage. But the second form Biddat means Innovation it is known as triple talaq in which the Husband has the right to pronounce talaq three times continuously and this leads to the dissolution of marriage means at that second time.
    It does not provide the right think over marriage or reconciliation. India is not only the country that revokes triple talaq but there are many such as Pakistan, Sri Lanka, Bangladesh, Qatar, and pre-dominated Muslim countries revoke it’s in Shayra Bao vs union of India case this Triple Talaq a bad form of divorce was challenged.
    According to the studies we have found that over 93% of Muslim women were suffering from this evil and they want to ban it.
    It is not only against the fundamental right (right to equality (article 14), article 15(1) not to discriminate based on sex, right to life of dignity, etc) but also hinders women empowerment.
    Constitution of India supreme court argues that it violet article 25 which regards the freedom of religion.
    Albeit Muslim women are not in fear anymore of Talaq. And can live their life with dignity. But there are still many social evils such as polygamy, Nikah Halala, etc. which threaten Muslim women every day.
    Sometimes religion creates so much restriction inequality for all. This is a really helpful judgment by the honorable supreme court which has created a huge difference in the society of Muslim women. Hopefully, many more rights will also be granted in the eye of the law.

    • This reply was modified 2 years, 12 months ago by Apoorva Pathak. Reason: I forget to write starting word In
    Manpreet Singh
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    @manpreet
    #31456
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    The simple answer would be no, criminalisation of triple Talaq has not healed the overall situation of Muslim women. it can be explained through the following points-
    With the criminalization of triple talaq, the legislature has tried to breach the private matters of the husband and wife by making it a public offense. if we compare every other civil rule relating to marriages, then we will find that it is a unique proposition under Muslim law and according to article 14 of the constitution, it cannot stand the test of reason and equality because there is no reasonable explanation for the same. the law operates harshly e on the man because even bail provision has not to be provided.
    The act has not made any provision regarding the Welfare of the wife after she has been divorced. no maintenance provision has been given and it is not a closed secret that after the marriage has been broken beyond repair, just avoiding divorce would not do anything to heal it and in most cases, the wife is driven out of their homes in a helpless situation.
    even on the ground of fairness, the critiques have said that it is an indirect attack against the particular religious community. the Act does not stand on the principle of justice equality and fairness and if it were to stand the test of article 14 then it would fail miserably.
    The act does not work towards the repair of the marriage by providing counseling services. Enev under Hindu marriage act, it is obligatory on the court to try reconciliation between the parties. Just simply preventing divorce won’t cut.

    DISHA SAPKALE
    Participant
    @42disha
    #31599
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    All indian muslim women personal law board went out to protest in different – different city’s in india because of the triple talaq bill , protest happened in nagpur on march 20 , 2018 ; The protesters demanded union government recall the triple talaq bill , their bill said ” Triple talaq bill is designed badly ” “islamic Sharia is our pride” “We muslim women are safe under islamic law” , Thousands of women’s spilled out of a road to protest. While interview the women said ” We are muslim women , we are indian ” sharia ” ( islamic rights ) gave us right , our constitution also allow us to follow our own islamic law in full freedom , And we agree to it & there are only few women’s from which government is trying to amend our law due to few women , Today we have assembled here to tell to government that we agree to ” Triple talaq”, We don’t want any changes in it. we feel face under our islamic law ” & other side , other women said ” Muslim women are being targeted in the name of triple talaq “. There are not every women is happy on this new law but other side many is expressing safe on this law.

    Shubhangini Shaktawat
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    @shaktawat9
    #32203
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    Has the criminalization of Triple Talaq really helped Muslim women?
    Yes, in my opinion, the criminalization of Triple Talaq has helped Muslim women to a great extent. It is now that they feel a little secure about their status and situation. Also, they no more feel that they are neglected or unseen by the law after the criminalization of Triple Talaq. Triple Talaq has been seen as one of the most anti-women or gender-discriminatory practices in history. Triple Talaq was actually a practice prevalent in the Muslim community by which, men could divorce their wives instantly by saying the word ‘Talaq’ three times consecutively. Once done, the divorced wife would be on her own and live by herself without any help or support from her ex-shauhar or ex-husband. This proved to be a curse for women as firstly, most of them were forbidden to work. Once divorced, their husbands would abandon them in all meanings and they would be left alone to take care of the many children they had. How is it possible for an unemployed single mother to raise her children in the best of circumstances? Also, men had multiple wives and women could neither give divorce to their husbands by ‘triple talaq,’ nor practice polygamy or speak up against these ill-practices.
    Now that the Indian law has made ‘Triple Talaq’ a punishable offence, those who commit it, can be sent to prison for a term of three years, along with fine that they will be charged. It is said that those women who were divorced by their husbands by ‘Triple Talaq’ became ‘haram’ or unlawful, forbidden. In my eyes, this is clear discrimination and objectification of Muslim women. And the best part is that now the laws are much in place as compared to earlier and Protection of Rights on Marriage are looked after pretty well. This law was passed in 2017 and ‘Triple Talaq’ was declared a crime. Since then, Muslim women have had a more secure and peaceful status in their community and the society. Now, men and women both have to follow a definite procedure in order to process divorce and they both have an equal say in it. Although, polygamy still continues to be practiced in Muslims in a one-sided way, in which only men can marry multiple partners and not women. Criminalization of ‘Triple Talaq’ was still a big step taken towards equalizing genders and empowering women.
    A woman myself,
    Shubhangini Shaktawat

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