#Triple Talaq – One more fight against patriarchy #BlogchatterA2Z #Astitva

As I have started writing on #Astitva – A woman’s existence , I notice that  the no. of  social issues raising questions on a woman’s existence are just not coming to an end . I started from A – Abuse and I have reached T – Triple Talaq .

Triple Talaq

Triple Talaq or Talaq-e-Biddat  is a practice where a Muslim man can divorce his wife just by uttering the word ‘talaq’ three times , either saying face to face or in written or on electronic media .  Once a Muslim man has given such talaq (divorce)  simply by uttering the word thrice , but then feels like he was wrong and wants to marry that woman again , he   cannot remarry the  woman  unless she marries another man , consummating the marriage and then  that new husband divorces her .  This mariage of the same  woman with her new husband is called Nikah halala. So in a way the divorce occurs twice . And you know what’s the meaning of consummating the marriage ? It means sleeping with her new husband . So she can’t remarry her previous husband unless she has  had sex with new husband also .

For this nikah halala , there is a criminal gang of  one night grooms also operating , which was exposed by India Today . Read about it here .

You see how social customs have been objectifying a woman since long back . Notice the gender inequality and the bias involved . She has been considered as an object  ,it’s a man’s wish and he was given right to abandon this object whenever he wanted . Observe the deep rooted patriarchy ! Who gave men the  rights to make their own laws ?  Did their Allah say that men were superior and women inferior ? Does their Kuran mention  about  male -female distinction ? Do their holy principles say anything about triple talaq ?

Shayara Bano’s story – The first petitioner for Triple Talaq fight 

The fight against Triple Talaq was started by Shayara Bano , a 35 year old  Muslim woman from Utrakhand .  Her husband had pronounced Talaq-e-Biddat . She became the original petitioner demanding this as void . She argued that such a practice of talaq violated the fundamental rights of Muslim women  and it  should be declared unconstitutional .

Talaq

Shayara Bano had  got married in 2001 . She faced domestic violence and physical assault at the hands of her husband and in-laws. She kept tolerating all this for the sake of  her two  children . But In 2015 , when her husband wrote talaq talaq talaq in a letter to her , she gathered the courage to speak and fight . She initiated  the fight, approached the supreme court of India  and many activists  came forward to support her , the media  also helped by highlighting her experience . In the journey , many other victims of triple talaq also joined . Her petition seeked Talaq-e-Biddat and nikah halala illegal as they violated the fundamental rights of a woman .  Her husband  opposed by mentioning triple talaq a part of muslim personal law . Shayara Bano  did have to face lot of discouragement and harassment but she didn’t give up . She  said  her fight was  against the social patriarchal customs , giving power to abandon a woman so easily . She finally won when the supreme court mentioned Constitution above all the religions .

Some other victims of Triple Talaq 

Shayara Bano was given talaq talaq talaq by her husband  in a letter to her . Another victim Ishrat Jahan was divorced by her husband on phone . Her husband called her from Dubai , uttered thrice and disconnected the phone . Another victim Aafreen , who faced mental harassment and dowry demands , received a letter announcing talaq when she had come to her parents house . There are many more victims of Triple Talaq , some getting talaq on facebook or whatsapp or Skype . What a terrible use of social media !

Triple Talaq bill

The result of Shayara Bano case was that Triple Talaq bill was passed which says that “talaq-e-biddat” shall be ‘void’ and ‘illegal’.  This is also  followed by consequence  that  whoever pronounces talaq-e-biddat shall be punished with imprisonment .  This is a historic win for Muslim women ; a step in the empowerment of women .

 

3 Replies to “#Triple Talaq – One more fight against patriarchy #BlogchatterA2Z #Astitva”

    1. Thanx for visiting Ashwini . I read your post and liked your view of redefining feminism and masculine definitions. The extreme definitions are impacting badly .




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