Asaduddin Owaisi, the head of All India Majlis-e-Ittehadul Muslimeen (AIMIM) has asked his fellow Muslims in India to stand together and support the age-old practice of triple talaq among Muslims. He has stated that members of the religious community need to draw strength from the manner in which people in Tamil Nadu recently fought in order to get the ban on Jallikattu lifted. Incidentally, the ban had been placed on this popular sport that involves taming of bulls, by none other than Supreme Court, the apex judicial body of India.
The question of culture
Owaisi has drawn a parallel between the situation of the Tamils and the Muslims. He has said that just like the Tamils who fought against the state and got the ban on Jallikattu restored because it was a part of their culture, the Muslims have their culture as well and has called upon all the Muslims to be inspired by how the Tamils protested, even forced the Prime Minister of the country to overturn a decision made by the Supreme Court. The religious leader has made it quite clear that no one has the right to meddle with the way the issues of marriage and divorce are handled in Muslim culture.
Comparisons
Owaisi has made it clear that Muslims would marry and divorce just the way they wish to and nobody (read State and Supreme Court) could do anything about it. Coming at this time the comments from Owaisi are rather significant because it is believed that the topmost judicial body of India is looking into the practice of triple talaq from the point of view of constitutional validity.
The role of women
Incidentally, Supreme Court’s stance on this issue has been prompted by a number of women’s groups who have been going up against this practice of triple talaq. It was in December 2016 that the Allahabad High Court had said that triple talaq was against the Indian Constitution. At the same time, however, the Supreme Court was looking at a separate plea by a lady named Saira Bano, who has questioned three rules followed in case of niqaah (wedding). These three rules are a man’s right to maintain four wives, Niqaah Halala, and Talaq-e-Bidat.
Talaq-e-Bidat
This is what the practice of triple talaq is also known as. As per this practice, a Muslim man may divorce his wife by uttering the word talaq thrice. It does not require the consent of the lady who is being divorced. However, in Islamic laws there are certain conditions under which this can be done. A man can perform this ritual during Tuhar, the period when women are going through either one of their two menstrual cycles in a year. One can do this at once or over a period that is already stipulated.
Niqah Halala
There are several instances where men utter the word talaq when they are either angry, intoxicated, or for some other reason. However, when sense returns they wish to return to a normal state. As per the practice of niqah halala that cannot be done. This practice makes it quite clear that even if both husband and wife are willing, they cannot get back together to being a normal conjugal couple. Islamic laws consider such marriages or reunions to be “haraam” or illegal. As per this practice, the divorced lady can marry some other man, and as and when she is divorced by her second husband she can marry her first husband back.
