India cabinet backs bill to criminalise Islamic instant divorce – BBC

2017/12/19 Leave a comment

Welcome. However, enforcement will likely be a challenge:

The Indian cabinet has backed a bill that will make the Islamic practice of instant divorce a criminal offence.

The bill proposes jail of up to three years for a Muslim man who indulges in the controversial practice.

The government hopes to get the bill passed by parliament in the winter session, which began on Friday.

In a major victory for women’s rights activists, the Supreme Court outlawed the “triple talaq” practice in August and called it “un-Islamic”.

India is one of a handful of countries where a Muslim man can divorce his wife in minutes by saying the word talaq (divorce) three times.

Muslim women and rights groups have been campaigning for years against the custom.

Campaigners have described it as humiliating and discriminatory.

The bill, called the Muslim Women (Protection of Rights on Marriage) Bill, has been drafted by a group of ministers, led by Home Minister Rajnath Singh.

The Indian government, led by the Hindu nationalist Bharatiya Janata Party (BJP), has supported ending the practice.

Prime Minister Narendra Modi has brought up the issue several times, including in his Independence Day address on 15 August.

What is instant divorce?

There have been cases in which Muslim men in India have divorced their wives by issuing the so-called triple talaq by letter, telephone and, increasingly, by text message, WhatsApp and Skype. A number of these cases made their way to the courts as women contested the custom.

Triple talaq divorce has no mention in Sharia Islamic law or the Koran, even though the practice has existed for decades.

Islamic scholars say the Koran clearly spells out how to issue a divorce – it has to be spread over three months, allowing a couple time for reflection and reconciliation.

Most Islamic countries, including Pakistan and Bangladesh, have banned triple talaq, but the custom has continued in India, which does not have a uniform set of laws on marriage and divorce that apply to every citizen.

Via: http://www.bbc.com/news/world-asia-india-42366461

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India’s supreme court bans Islamic instant divorce | The Guardian

2017/08/23 Leave a comment

Welcome development:

India’s top court has banned a controversial Islamic practice that allows men to divorce their wives instantly, saying it was unconstitutional.

Victims of the practice known as “triple talaq”, whereby Muslim men can divorce their wives by reciting the word talaq (divorce) three times, had approached the supreme court to ask for a ban.

Triple talaq “is not integral to religious practice and violates constitutional morality”, a panel of judges said.

“It’s a very happy day for us. It’s a historic day,” said Zakia Soman, the co-founder of the Indian Muslim Women’s Movement, which was part of the legal battle to end the practice.

“We, the Muslim women, are entitled to justice from the courts as well as the legislature,” she added.

The five supreme court judges were from India’s major faiths – Hinduism, Christianity, Islam, Sikhism and Zoroastrianism. In their ruling, they said it was “manifestly arbitrary” to allow a man to “break down [a] marriage whimsically and capriciously”.

“What is sinful under religion cannot be valid under law,” they said.

The practice had been challenged in lower courts but it was the first time India’s supreme court had considered whether triple talaq was legal.

India allows religious institutions to govern matters of marriage, divorce and property inheritance in the multi-faith nation, enshrining triple talaq as a legal avenue for its 180 million Muslims to end unions.

More than 20 Muslim countries, including neighbouring Pakistan and Bangladesh, have banned the practice while in India, the practice has continued. While most Hindu personal law has been overhauled and codified over the years, Muslim laws have been left to religious authorities and left largely untouched.

The Hindu nationalist government of the prime minister, Narendra Modi, had backed the petitioners in this landmark case, declaring triple talaq unconstitutional and discriminatory against women. Modi’s Bharatiya Janata party has long pushed for a uniform civil code, governing Indians of all religions, to be enforced.

The issue remains highly sensitive in India, where religious tensions often lead to violence.

The All India Muslim Personal Law Board (AIMPLB), a grouping of Islamic organisations, had told the court that while they considered the practice of triple talaq wrong, they opposed any court intervention and asked that the matter be left to the community to tackle.

Progressive Muslim activists had criticised the board’s position. “This is the demand of ordinary Muslim women for over 70 years and it’s time for this country to hear their voices,” activist Feroze Mithiborwala told New Delhi television station.

Source: India’s supreme court bans Islamic instant divorce | World news | The Guardian

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