India bans instant divorce by Muslim men

Posted September 20, 2018

India's government has chose to make the practice of instant triple talaq a punishable offence through an executive order after the law failed to pass in parliament in August.

But since the practice was still prevalent, a bill was brought to make it a penal offence. She said that because the measure targets the Muslim community, it plays into the country's Islamophobic rhetoric - "they use it as political propaganda that 'We have saved our Muslim sisters.' " The order also puts women "in greater danger", she says, because their husbands will be jailed, leaving them without compensation. "An unnerved BJP finding itself cornered on the issue of repeated and gruesome rape incidents, as also issues of women security seeking to divert and reset the political agenda by hurriedly bringing an ordinance on instant triple talaq", he said.

"This un-Quranic practice needs to be abolished by law".

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In India, triple talaq has continued with the protection of laws that allow Muslim, Christian and Hindu communities to follow religious laws in matters like marriage, divorce, inheritance and adoption.

All India Majlis-e-Ittehad-ul Muslimeen (AIMIM) chief Asaduddin Owaisi said the ordinance was "anti-Muslim women" and would do them more injustice. AIMPLB, on the same day, made a decision to issue a code of conduct, and warned that those divorcing their wives in violation of Sharia law will face social boycott.

"I have said this before, the issue of triple talaq has nothing to do with faith, mode of worship or religion". In his speech, He compared the Muslim practice of divorce with the episode of disrobing of Draupadi in Mahabharata. On 16 May, AIMPLB told the court that the practice is a matter of faith and can not be questioned by constitutional morality. Moreover, a complaint of triple talaq can be withdrawn only at the insistence of the woman.

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"The curse of triple talaq continues unabated", Prasad remarked. "Despite the Supreme Court order, instant triple talaq has been taking place, so we needed this to be criminalized". The apex court struck down the practice and asked Centre to formulate a law on triple talaq.

The step to make talaq a punishable offence came after initial efforts in August this year to pass the Muslim Women (Protection of Rights on Marriage) Bill 2017, introduced by PM Narendra Modi last year, were hindered by opposition parties.

Under another amendment, it makes it clear that the police would file FIR only if victim (wife) approach, her blood relations or relatives. The magistrate is given the power to grant bail with certain terms and conditions. The bill is postponed to the Winter Session of Parliament.

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Muslim women hold placards during a protest against a bill passed by India's lower house of Parliament last week that aims at prosecuting Muslim men who divorce their wives through the "triple talaq", or instant divorce, in New Delhi, India January 4, 2018. The laws include allowing men to divorce by simply uttering the Arabic word "talaq", or divorce, three times - and not necessarily consecutively, but at any time, and by any medium, including telephone, text message or social media post.