The Supreme Court had made it clear that it is not debating the important issue of Uniform Civil Code (UCC). However, the petitioners had told the apex court that the matter is a serious and sensitive issue and the court should hear it.
After apex court referred it and next hearing will come up on May 11, we asked Muslim bodies, victims and learned person about the issue and their concerned over it.
Recently, a woman from Uttar Pradesh Shagufta Shah sent a letter to the PM Narendra Modi with a copy to state Chief Minister Yogi Adityanath and other authorities, pleading for help and abolition of such anti-women Islamic traditions.
When AV contacted her over the phone, she said “I am thankful to media for helping me. I hope my dilemma will now reach the Prime Minister and also to the Chief Minister and they will help us (Muslim women) on this (Triple Talaq) evil.”
She further said, “I was left to die on road, to end ‘Triple Talaq’, I voted for BJP.”
When AV asked Zoya Bano Shaikh, a political science student about her concerned over it, she said, “These problems would have been solved in 1985, after the Supreme Court of India pronounced its judgement in the Shah Bano case; though it had to do with alimony/maintenance of the divorced wife, this judgement would have set the trend towards upliftment of the suppressed Muslim women.”
In 1986, the Parliament of India, passed an act titled The Muslim Women (Protection of Rights on Divorce) Act, 1986, that nullified the Supreme Court’s judgement in the Shah Bano judgement. “It gave a fillip to the fanatical Maulvis, and we can see the aftermath, now,” she added.
“If you are interested in writing on the misuse of such privileges then you will get a story from my family itself. My elder sister has gone through this pain,” plead Imtiyaz.
“Islam has given the right to men for triple talaq but insisted to avoid until the last resort and if understanding (in anyway) between husband and wife is not established then men use this right. It is not man-made decision and it is according to the Islamic law,” she added.
While common people were have their own opinion, senior lawyer Bilal Nazki refuses to comment on the issue because the case is sub-judice. He said, “Sorry, I don’t want to comment on merits of a matter as the petition is pending before the Honourable Supreme Court.”
“Islam has given equal right to both men and women. Talaq is for men and Khula is for women. Talaq is not as bad as provoked in today’s media. Triple talaq in one sitting is prohibited and haraam in Islam. Talaq is considered bad, when men neglect the financial aid to women. Once a man gave talaq to his woman, their kids are the responsibility of the male member and they have right on his property. However, woman is free to marry again,” exaggerated Siddiqui.
“Here, man gave talaq and abandoned his wife and kids and she has to take care of her children with him without maintenance is the financial corruption done by man, which is bad. Islam gives ‘talaq’ as an option to call off marriage as per Sharia but didn’t allow triple talaq in one sitting. I repeat, didn’t allow triple talaq in one sitting,” said the lecturer.
However, the All India Muslim Personal Law Board (AIMPLB) has defended the practice, saying ‘it is better to divorce a woman than kill her. The rights bestowed by religion can’t be questioned in a court of law’, it said.