![Sample our Area Studies journals, sign in here to start your access, latest two full volumes FREE to you for 14 days]({"type":"image" , "src" : "/sda/5922/TOC-Subject-Sample-2021-Area-Studies.jpg"})
Abstract
This paper intends to unravel the idea, the history, the theological understanding and the socio-cultural influences on the idea of “Talaq” in general and “Instant Triple Talaq” in particular. The paper also unearths the possibilities of the misuse, misinterpretation and politicization of the concept which have taken place at various historical junctures. At empirical level, the paper attempts to draw the attention toward the perception and opinion of the Muslim women through the structured questionnaire regarding the Instant Triple Talaq and Triple Talaq Act enacted by the Government of India. The study focuses on how the existing power structure in the Muslim community and the deeply rooted cultural practices that in a way were antithetical to the basic Islamic beliefs have shaped the lives of Muslim women in India. The study does not find the Triple Talaq Act passed by Indian parliament as something constructive, rather regards it as interference on part of state institutions into the religious affairs of a particular community. The study finally draws a parallel between the literate and illiterate strata of Muslim women and their perception toward the Triple Talaq Act.
Notes
1 Haifaa A. Jawad, The Rights of Women in Islam: An Authentic Approach, New York: St. Martin’s Press, Inc., 1998.
2 Mervate Mohammad, “The Evolution of Sharia Divorce Law: Its Interpretation and Effect on a Woman’s Right to Divorce”, Albany Government Law Review, Vol. 7, 2014.
3 Justin Jones, “Signs of Churning: Muslijujnmm Personal Law and Public Contestation in Twenty-First Century India”, Modern Asian Studies, Vol. 44, No. 1, 2010, pp. 175–200.
4 Jamal J. Nasir, The Status of Women under Islamic Law and Modern Islamic Legislation, Netherlands: Koninklijke Brill N.Y., 2009, p. 126.
5 Ibid, p. 127.
6 Tushar Dhara, “Here’s a Look at the Legal Status of Instant Triple Talaq in Muslim Nations”, News 18, 22 August 2017, https://www.news18.com/news/india/what-is-the-legal-status-of-triple-talaq-in-muslim-majority-nations-around-the-world-1498537.html (accessed 2 February 2022).
7 Niaz A. Shah, Islamic Law and the Law of Armed Conflict, New York: Routledge, 2011.
8 Abdullahi A. An-Na’im, Islamic Family Law in a Changing World: A Global Resource Book, Zed Books, 2002.
9 Abdullahi A. An-Na’im, Islamic Family Law in a Changing World: A Global Resource Book, Zed Books, 2002.
10 Javaid Rehman, “The Sharia, Islamic Family Laws and International Human Rights Law: Examining the Theory and Practice of Polygamy and Talaq”, International Journal of Law, Policy and the Family, Vol. 21, 2007, pp. 108–127.
11 Liyakat Takim, “Law: The Four Sunnì Schools of Family Law Overview”, in Encyclopedia of Women & Islamic Cultures, ed. Saud Joseph, ii, Netherlands: Koninklijke Brill, NV, 2005.
12 Sylvia Vatuk, “‘Where Will She Go? What Will She Do?” Paternalism toward Women in the Administration of Muslim Personal Law in Contemporary India”, in Religion and Personal Law in Secular India A Call to Judgment, ed. Gerald James Larson Bloomington, U.S.A.: Indiana University Press, 2001, p. 233.
13 Wajahat Habibullah, “A Uniform Civil Code for India ?:, The Round Table, The Commonwealth Journal of International Affairs, Vol. 106, No. 1, 2017, pp. 95–96, https://doi.org/10.1080/00358533.2016.1272953.
14 Faizan Mustafa, “Supreme Court Has Already Declared Triple Talaq Invalid”, https://scroll.in/article/836745/faizan-mustafa-supreme-court-has-already-declared-triple-talaq-invalid-it-mayjust-reiterate-that (accessed 10 February 2020).
15 Anver M. Emon, Mark S. Ellis, Benjamin Glahn, “‘Common Ground’ to ‘Clearing Ground’: A Model for Engagement in the 21st Century”, in Islamic Law and International Human Rights Law Searching for Common Ground? ed. by Benjamin Glahn, Anver M. Emon, Mark S. Ellis, United Kingdom: Oxford University Press, 2012.
16 Judith Tucker, Women, Family, and Gender in Islamic Law, United Kingdom: Cambridge University Press, 2008, p. 84.
17 Asma Lamrabet, Women and Men in the Qur'an, Palgrave Macmillan, 2012, p. 85.
18 J. Tucker, Women, Family, and Gender in Islamic Law, op.cit., p. 84.
19 Syed Mohammad Ali, The Position of Women in Islam : A Progressive View, Albany: State University of New York Press, 2004, p. 59.
20 Asma Lamrabet, Women and Men in the Quran, op. cit.
21 Javaid Rehman, ‘The Sharia, Islamic Family Laws and International Human Rights Law’, op. cit., p. 118.
22 Jamal J. Nasir, The Status of Women under Islamic Law and Modern Islamic Legislation, op. cit., p. 126.
23 Haifaa A. Jawad, The Rights of Women in Islam, op.cit., p. 80.
24 Ibid, p. 81.
25 The Hanafi School is one of the four major Sunni schools of Islamic jurisprudence. It was formed upon the teachings of Abu Hanifa (d. 767), a merchant who studied and taught in Kufa, Iraq, His major work is Al-Fiqh al-Akbar.
26 Flavia Agnes, Family Law : Family Laws and Constitutional Claims, Vol. 1, New Delhi: Oxford University Press, 2011, p. 60.
27 Dagdu v. Rahimbi Dagdu Pathan, Marlapalle, 2002, HCB https://indiankanoon.org/doc/390116/ (accessed 2 February 2022).
28 Shamim Ara v. State of U.P. & Anr. is a family law case decided by the Supreme Court of India in 2002. In 1979, petitioner Shamim Ara filed suit against her husband, Abrar Ahmad, alleging that he deserted and failed to support her. See, Shamim Ara v. State of UP&Anr (2002) 7SC 518.
29 Shayara Bano v. Union of India & Others (2017) 9 SCC 1.
30 Bharatiya Muslim Mahila Andolan (hereafter BMMA) was established in 2007. It has networks across India. This Muslim women’s group fights for socio-economic and political inequalities, educational backwardness, and for legal justice for Muslim Women.
31 Dr. Noorejhan Safia Niaz, Zakia Soman, “No More 'Talaq Talaq Talaq': Muslim Women Call for a Ban on an UnIslamic Practice”, Goregoan East, Mumbai, India, 2015.
32 Zeeshan Shaikh, “No Solid Numbers for Triple Talaq, but Divorce Data Show Interesting Trends”, The Indian Express, 5 May 2017, https://indianexpress.com/article/explained/no-solid-numbers-for-triple-talaq-but-divorce-data-show-interesting-trends-4641016/ (accessed 2 February 2022).
33 Faizan Mustafa, “Power, Not Justice: Criminalising Triple Divorce Violates the First Principles of Criminal Jurisprudence, Will Be Counter-productive”, Indian Express, 1 August 2019, https://indianexpress.com/article/opinion/columns/triple-talaq-bill-passed-in-parliament-pm-modi-bjp-5867634/ (accessed 2 February 2020).
34 The All India Muslim Personal Law Board (AIMPLB) is a non-government organization constituted in 1973 to adopt suitable strategies for the protection and continued applicability of Muslim Personal Law in India, most importantly, the Muslim Personal Law (Shariat) Application Act of 1937.
35 Faizan Mustafa, “Power, Not Justice,” op. cit.
36 Ibid.
37 Ibid.
38 Ulema is the Arabic term for Muslim clergymen.
39 “Medieval Practice Confined to Dustbin of History: PM Modi on Triple Talaq Bill Passage”, Indian Express, April 2019, https://indianexpress.com/article/india/triple-talaq-bill-a-victory-of-gender-justice-pm-modi-5864632/ (accessed 2 February 2022).
40 ‘Triple Talaq: Feel Victorious and Protected by S.C. Verdict, Say Muslim Women”, Times of India, 22 August 2017, https://timesofindia.indiatimes.com/india/feel-victorious-and-protected-by-sc-verdict-muslim-women/articleshow/60175361.cms (accessed 2 February 2022).
41 Partha S. Ghosh, The Politics of Personal Law in South Asia: Identity, Nationalism and the Uniform Civil, The Politics of Personal Law in South Asia, New York: Routledge, 2018.
42 Under the Code of Criminal Procedure, 1973 (2 of 1974), right to maintenance has been provided not only to the wife and dependent children, but also to deprived parents and divorced wives. Maintenance can be claimed under respective Personal laws of people following different faiths. Proceedings initiated under Sec.125 however, are criminal proceeding and apply to everyone regardless of caste, creed or religion.
43 Zoya Hasan, “The Shah Bano Affair", in Encyclopedia of Women & Islamic Cultures, ed. Saud Joseph, Vol. II, Netherlands: Koninklijke and Brill, New York, 2005, p. 742.
44 Asma Barlas, ‘Believing Women’ in Islam: Unreading Patriarchal Interpretations of the Qur’an, Austin: University of Texas Press, 2002.
45 The Sachar Committee was formed in March 2005 by then Indian Prime Minister Manmohan Singh. The Committee was headed by former Chief Justice of Delhi High Court, Rajinder Sachar, to study the social, economic and educational condition of Muslims in India.
46 Ritu Menon & Zoya Hasan, In a Minority: Essays on Muslim Women in India, New Delhi: Oxford University Press, 2005.
Additional information
Notes on contributors
Adila Majeed
Adila Majeed has completed her doctoral studies on Women Empowerment: A Comparative Study of Muslim Personal Laws and Constitutional Laws from Aligarh Muslim University, Aligarh, India. Her interests are gender, Islam and women and Muslim personal laws in India.
Andleeb Rather
Andleeb Rather is an Assistant Professor at the Department of Social Work, Aligarh Muslim University, Aligarh, India. Her doctoral dissertation was entitled “Political Violence in Kashmir: Studying Consequences on Women and their Coping Mechanism”. Her core interests include community work, social development, gender, and social exclusion/inclusion.