Ban of Triple Talaq in India and concerns over uniform civil code.

Image taken from : http://zululandobserver.co.za/afp/298557/india-ruling-highlights-disputed-muslim-instant-divorce













India's top court banned the disputed triple talaq that has been practised by Muslim men there citing it unconstitutional


Triple talaq, also known as instant divorce, is the practice of a Muslim husband to divorce his wife saying "I divorce you," three times in succession. The system no doubt has put Muslim women into suffering and despair all over the world. "I have felt the pain when (a)family breaks. I hope no one has to go through this situation in future." These are the words of Shayara Bano who herself became a victim of the instant talaq and approached the supreme court to request a ruling on it. That is why the Indian Muslim women proclaim to have become "victorious" by this ruling. 


India is not the first country implementing this ban. Two of its neighbours, Pakistan and Bangladesh have already restricted this practice. Another Muslim majority nation resorted to it is Indonesia. Other countries that follow reconciliatory practices in the context are Afganistan, Jordan, and Egypt. 

In Nigeria and Saudi Arabia, the practice is rife.  

In South Africa, a country, with a considerable Muslim population, triple talaq is still followed. But its impact on the Muslim women has been made very little because of various forms of legal interventions. The nation has successfully implemented many stipulations in regularising Muslim marriage to bring its prctices in line with its secular constitutional principles. Since the nation became a republic, several laws have been made by its regional courts and confirmed by the Constitutional court, in cases where a Muslim woman is subjected to discrimination in terms of religion, gender and marital status and when her rights to equality are violated. 

In India, right now a debate on implementing the uniform civil code is gaining momentum. Many are trying to give it a political colour, which alone can further divide population on top of what has already been happening in the present political atmosphere. 

Maintaining an unwavering propensity, to detest the political and religious dogmas that belong to whatever types, I am of the opinion that a uniform civil code is long overdue in India. Marriage, divorce, property ownership, children and right to equality are all matters that should come strictly under public laws and not private religious laws. 

The supreme court in India has highlighted in its ruling against triple talaq that the practice is unIslamic. If so, how come such an unIslamic practice has been followed by Muslim men all over the world until restricted by banning orders made by courts of law in various nations. That alone implies that matters like Marriage, divorce etc, I mentioned above cannot be left in the hands of religion groups, Muslim, Hindu, Chrisitan or whatever in a democracy.    

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