A breather for the burqa

After years of relentless petitions, the government has now finally decided to bulldoze the Talaq-e-biddat or triple talaq by criminalising the practice of instant talaq with upto three years of jail for the husband. While many Muslim countries have abolished it, is triple talaq an essential part of Islam? If matters of faith are protected by the right to freedom of religion, what does this recent ruling augur?

Even as religious consciousness binds people together, many do not like to debate over such deeply religious issues. While the move has been hailed as ‘historic’ by the government, we spoke to the community on their views on the issue.

Social worker Shazia Mohammed feels that it is not the custom or its practise but the misunderstanding of it which is causing havoc.

“If you thought that triple talaq is the practice under which a Muslim man can divorce his wife by simply uttering talaq three times, you are wrong. According to the norms, after the couple has uttered the word talaq thrice, it is also customary that they stay apart, and think about it for the next three months before they can split forever. In this way, the practice of talaq in itself is wonderful, as it gives ample time for the couple to calm down, re-think and apologise,’’ she says.
Home-maker Seyda Mariam echoes the same thought. “Most times, such practices are seen in rural areas among uneducated people. I feel that it is the wrong notion about the custom and lack of understanding that causes many people to misuse it,’’ she says.

For city-based senior advocate Kamalla K. Reddy, she has only admiration for the present dispensation that has been bold enough to legislate such a hugely controversial and religiously rife subject.

“Most often, faith and religion are not part of the mainstream, and are bent upon maintaining its identity with a cloak of exclusivity even when some of its practices may defy modern notions of personal liberty and choice. India being a sovereign, democratic and secular state, such practices that deny equal treatment of men and women are clearly not acceptable. The proposed legislation marks the first step towards bringing one aspect of the personal law of that faith on par with the personal laws of other major faiths,’’ explains Kamalla.

Even while a lot of people oppose criminalisation of the custom of instant divorce, many men support the government’s move.

“I have met many men who take advantage of this custom. It is like a loophole, and they take it for granted. Being a Muslim man myself, I totally stand with criminalisation of talaq and feels that this will make people take marriage more seriously,’’ said a married man on condition of anonymity.