Why Bring Non-Issues In The Triple Talaq Debate?

Biranchi Narayan Acharya

5 years ago

While debating on Triple Talaq Bill inside the Parliament and even in TV studios, anti-triple talaq lobby argued that “where is the justice when Hindu husband deserts wife without a divorce?” Gourav Gogoi of Congress asserted in Lok Sabha, “If you want to protect Muslim women who are divorced by their husbands. Then you should also give protection to Hindu and Parsi who are deserted by their husbands.”

The point of discussion was not a Muslim woman’s divorce through proper talaq. The debate was on illegal and unconstitutional instant triple talaq, which—according to Muslim scholars—no verse in Quran validates. Why bring Hindus and Parsis in this debate? Well, any sane person will know the reason. But before coming to that reason, let us deal with their argument.

As per the Indian Divorce Act, a wife if deserted or otherwise can apply for a divorce or judicial separation along with demanding alimony and property rights. Forget about the husband deserting wife, even if the wife deserts husband, the wife is still entitled to alimony and property right, of course, after due divorcement. The divorce act is applicable irrespective of the religion, although Muslim people generally never go to court for a divorce. There are a lot of cases where court directed Muslim husbands to pay alimony even after religiously approved talaq.

The real issue was the whimsical implementation of instant triple talaq (or Talaq-e-Biddat). Then there’s another torturous way for the women to undo triple talaq through Nikah-Halala. It was a moot point of dignity and equality for the women who were victims. None has ever questioned the proper talaq sanctioned by the Quran.

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Some leaders such as Asauddin Owaisi have taken a dig at PM Modi’s marital status while opposing the triple talaq bill. This does not add any value to the debate but only serves as a digression.

The triple talaq bill was against Muslim women’s dignity and right to equality. Many women couldn’t dare to knock the door. Some brave women like Shayara Bano displayed extreme bravery by challenging such illegal tradition in the name of religion, which religion itself does not endorse.

Discussions and debates must always be conducted with decorum and without affecting one’s dignity or portraying someone in poor light by raising private issues and non-issues.