Source: Huffington Post
By Mike Ghouse, who is committed to build a cohesive America and offers pluralistic solutions on issues of the day.
India’s Supreme court’s wrecking ball does it.
India’s Supreme Court bans the practice of Triple Talaq (Hitherto, a man could pronounce the word divorce three times in a row making divorce effective instantly) in one-shout and asks the legislators to pass a law to make unilateral divorces illegal and punishable The court has wrecked a long held misogynistic practice in the likes of Sati practice.
As a Muslim, let me welcome the Supreme court’s verdict, it amounts to restoring Islam’s basic tenet: justice.
The state should not interfere in religious practices, however, triple Talaq in “one instance” is not religious. It is not Islamic nor Quran approves of such atrocity. God does not like divorce, but has given the option to divorce should the differences between husband and wife become irreconcilable and unbearable. Quran is about justice to every human being and it prescribes that it should be done in three months allowing the couple to reconcile or reaffirm their decision (Reference: Quran, Surah Talaq Chapter 65 translations by Mohammad Asad, Yusuf Ali or Fateh Mohammad Khan) in the presence of witnesses from the community.
Triple Talaq in one-shout is a cultural misogynistic practice and not Islamic, and the Supreme court as a body to ensure justice to all citizens has a right to restore justice to Muslim women in this case and it does not amount to interference in religious matters, it is not in the Quran.
Arfa Khanam a journalist posted something to this effect, “If triple Talaq in one instance is allowed for men, it should be extended to women as well.” She makes perfect sense!
However, it is not a significant decision, but a small step towards justice for women but a giant leap towards restoring women’s rights and dignity. My friend Suhaib Siddique has pulled some statistics, “Divorce rate among Indian Muslims is 0.56% (2011 Govt. of India census), and Triple Talaq (Instant Divorce) among Indian divorcee is 0.8%” this is backed by a recent survey by Dr. Abu Saleh Shariff of US India Policy Institute. Though instant unilateral triple Talaq is morally wrong, the ones affected by it are less than 1/10th of one percent among divorcees.
It is not a political victory to BJP either, they are not for women’s rights, as a larger number of Hindu women are mistreated in marriages and particularly divorced single women. Laws should be made to prevent abuses, rapes, domestic violence and dowry burning for a larger number of people to bring justice to women. Then they can claim victory.