Published: Tue, December 26, 2017
Health Care | By Alberto Manning

Muslim board must shun negativity on triple talaq

Muslim board must shun negativity on triple talaq

"Notwithstanding anything contained in any other law for the time being in force, a married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate", the draft bill says.

However, a brief survey of the provisions of the Bill indicate that the end result of this landmark piece of legislation, if passed in its current form, will be the harassment of Muslim men.

The rationale underlying such restrictions when it comes to offences relating to marriage is that the world at large should not be allowed to prosecute an errant husband, especially when the aggrieved wife has no desire to see him punished.

The All India Muslim Personal Law Board has said the Centre's bill against the instant triple talaq goes against the Constitution and violates women's rights and demanded its withdrawal. "If they wanted to be represented, they should have done so before it", ANI quoted as she saying.

Mumbai: Bharatiya Janata Party (BJP) tries to build consensus on bill seeking ban on triple talaq. This anomaly is a result of the government introducing a Bill that, much like the act it seeks to criminalise, is hasty, impulsive and cruel.

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Still, in their statements they emphasize more on quashing of instant triple talaq against Sharia but they failed to understand that the whole argument in SC was to examine if instant triple talaq is part of sharia.

It is also learnt that there is a strong dissent among the members of the All India Muslim Personal Law Board (AIMLB) and especially some women members are upset over board's handling of the situation.

The law board's code of conduct had said that if divorce was unavoidable, a Muslim man should pronounce each talaq a month apart and that the first two talaqs would be null and void if he changed his mind before the third.

In a separate written reply, Union Law Minster Ravi Shankar Prasad said, "The government is of the view that the issue arises from the humanitarian concept of gender justice, gender equality and dignity of women and not arising from faith and religion".

"No procedure was followed in drafting this bill, neither any stakeholder was consulted". Although, it's agreed that government should consult AIMPLB and other women organisations being stakeholders in the process of lawmaking.

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