More than 50,000 Muslim men and women recently signed a petition seeking a ban on the practice of triple talaq. The petition, penned by Bharatiya Muslim Mahila Andolan (BMMA), hopes to seek help from the National Commission for Women (NCW) so it can bring an end to this “un-Quranic practice”.

Triple talaq, which is rather common in India, is a controversial Islamic way of obtaining divorce where only a husband has the right to dissolve a marriage by saying the word ‘talaq’ three times to his wife.

Zakia Soman, cofounder of BMMA, said that a national signature campaign was underway in several states, including Maharashtra, Gujarat, Madhya Pradesh, Uttar Pradesh, Rajasthan, Tamil Nadu, Kerala, Karnataka, Telangana, West Bengal, Odisha, Bihar and Jharkhand.

“So far, 50,000 signatures have been collected where women and men have endorsed abolition of triple talaq, many more signatures will be collected in the coming days. We have written to NCW chairperson Dr Lalitha Kumaramangalam to enlist its support to this long-pending demand of Muslim women,” Soman said.

According to a study by BMMA, at least 92 percent Muslim women want the practice to be banned because unilateral divorce, sometimes obtained over phone calls, text messages and emails, has become rather frequent, often leaving women with the shorter end of the stick. Together, oral divorce and with the inane practice of nikah halala, which requires a woman to marry another man and consummate that marriage before reconciling with her former husband, has gradually emerged as a bane for Muslim women, who are often left without alimony or maintenance and must therefore fend for themselves as well as their children.

“Men are getting away by using Facebook, SMSes to give talaq to women. They have no legal rights and the qazis support them and not us,” said Sadiya Vaquas while Noorjehan Safia Niaz added, “In many cases, the qazis offer themselves as temporary husbands.”

As an alternate solution, BMMA has been advocating the process of reconciliation and mediation, where the divorce takes place over a period of 90 days.

“Muslim women are citizens of India and all constitutional safeguards are applicable to her (sic). The Muslim personal law must be reformed in such a manner that all discriminatory practices are struck down as illegal and Muslim women's constitutional and Quranic rights are safeguarded,” the petition reads.

Opposing BMMA’s petition, All India Muslim Personal Law Board (AIMPLB) urged its female members earlier this month to reject the increasing demand of women’s rights organizations to ban the provision of triple talaq. AIMPLB even accused BMMA of being involved in a conspiracy to have a Uniform Civil Code (UCC) imposed in India.

Following AIMPLB’s orders, its female members hit out at the Bharatiya Janta Party-led National Democratic Alliance government, saying the excess hype surrounding the banning of triple talaq is nothing but a bid to expedite the imposition of a UCC and AIMPLB would not tolerate any such interference. They also said those Muslims who do not wish to abide by the same are free to marry under the Special Marriages Act.

Asma Zehra, an executive member of AIMPLB, attacked those wanting the ban, saying, “Some letterhead organizations and women andolans have presented false concocted data in their survey report, in which it is shown that 92% of Muslim women are in favour of ban on triple talaq and amendments in the Muslim personal law. It is also presented that 50,000 men and women have signed a petition to the National Commission for Women to abolish the Muslim code for divorce. We strongly condemn such a survey.”

Referring to Afreen Rehman and Shayara Bano, who have already filed petitions at the Supreme Court seeking a ban on triple talaq, AIMPLB described how certain fringe groups had lost all credibility among Muslims.

“These cases may take years. In contrast the Muslim personal law has simple and more successful way of solving family disputes,” AIMPLB asserted.

A day after AIMPLB urged its female members to reject the increasing demand of women’s rights organizations to ban the provision of triple talaq, eminent and notable Muslim men came out in support of BMMA’s petition. From famous celebrities to ordinary citizens, scores of men decided to send messages of support to BMMA.

Farhan Rahman, a research scholar in Central University of Jharkhand, sent a message to the group saying, “I endorse the campaign for abolition of triple talaq and nikah-halala practices. We need to come out and support it because if we don't do it then the false practices will get support and lead to misrepresentation of our religion,” while Raees Ahmad from Ghaziabad said, “The people who support triple talaq are building their lobby. So, it makes sense for us to come out and build a lobby against such a practice. Men have to speak out as triple talaq is against the religion; because of this Muslim women live in fear of being divorced any time.”

Javed Anand, general secretary of Muslims for Secular Democracy, which gathered messages of support from Muslim men across India, said he initiated the campaign because he is a progressive Muslim and feels strongly about the cause. He said his campaign was first launched in 2003 and over time it has only garnered more support, as triple talaq today is banned in over 21 countries that have Muslim-majority populations, including India’s neighbors, Pakistan, as well as Bangladesh.

“It continues to be justified by the ulema in India as legally valid, even though theologically repugnant,” said Anand. “The undersigned believes that gender equality and justice are human rights issues which must be as much a matter of concern for men as for women. If anything, it is more so men's obligation to cry for a halt to patriarchy, particularly when it is sought to be perpetuated in the name of god.”

As Muslim women in the country continue to campaign for this practice to be banned, with two divorcees from the 155 million strong community even dragging the issue to the Supreme Court, Niaz explained how the top court’s ruling on the matter would not really solve the problem.

In an interview with Atheist Republic, she elaborated exactly what needs to be done to solve the growing crisis.

Niaz: Muslim family laws in India are still not codified and all religious communities in the nation are allowed to practice their personal laws. Even though Hindus have their personal laws codified, Muslims do not. They have only two tiny pieces of legislation – the first that was passed in 1939 and the second in 1986. Both these elucidate the grounds for divorce and details about post-divorce maintenance but there is no definitive law for issues like the custody of children, the legal age of marriage for Muslim boys and girls and polygamy. And since there is no particular law to abide by, the entire Muslim community tries to interpret the Sharia for its own benefit. I must mention though how the Sharia as practiced in India is very different from the Quranic teachings implemented in several Muslim-majority countries. Even though the Quran recommends a method of divorce known as talaq-e-ahsan, the Muslims in India do not abide by it for some odd reason.

Question: How many women are affected by such divorces each year?

Niaz: We do not know the exact number but a study conducted by BMMA last year found that 78 percent of 5,000 respondents had been granted divorces in a unilateral manner. Those Muslim husbands had apparently sought immediate divorces and triple talaq made it possible for them.

Question: Can women use triple talaq to obtain a divorce?

Niaz: No they cannot. When a Muslim woman wants to obtain a divorce, she must approach either a kazi, the court or some nongovernmental organization that deals with such issues. She has to find an authority that will register her application for the divorce but Muslim men do not have to do that. When they want a divorce, they just utter the word ‘talaq’ thrice and it is obtained.

Question: What is BMMA doing to stop this practice?

Niaz: We are pushing for a codified Muslim family law, which is not only based on Quranic teachings but also ensures gender equality. For the last few years, we have been organizing public talks across the nation and publishing books to educate Muslim women about their rights and place in society. Most recently, we collected over 50,000 signatures for a petition that hopes to see the National Commission for Women intervene in the matter.

Question: How have Indian Muslims reacted to that?

Niaz: There has been an overwhelming amount of support, especially from women, who have come out in large numbers to voice their stories. Very recently, a group of Muslim men too publicly stated the need for this method of unilateral divorce to be done away with.

Question: Two Muslim women have asked the Supreme Court to ban the practice. Will that help your campaign?

Niaz: Well, first the court will have to intervene. To be honest, there are many such verdicts from the country’s highest court of law that condemn the practice of triple talaq but unfortunately, they do not have the force of law. That is exactly why we feel such judgments are not enough – what we need is a law banning triple talaq.

Question: For that to become a reality, do you not need the support of parliamentarians?

Niaz: Yes, we do but that is part of the next phase of this campaign. Once this petition has been submitted, we will talk with concerned lawmakers so they understand the need for such a law. The parliament is the only body that can pass a codified Muslim family law.

Photo Credits: Maps of India