Frank F. Islam

On August 22, 2017, the Supreme Court of India ruled that “triple talaq”- the practice which allows a man to divorce his wife instantly by saying the word “talaq three times “- is unconstitutional. Predictably, the Supreme Court ruling was denounced by a number of Muslim leaders and organizations. Some interpreted it as an attack on their religion and way of life. Others saw a conspiracy angle in the importance given to an issue.

This perspective is desperate and distorted. This perspective is not only wrong.  It is wrong headed, misplaced and misguided.

I applaud this judgement because I strongly believe that Muslim Instant Divorce is illegal and incorrect in many ways.  Instant Divorce is deplorable, disgraceful, and shameful. In addition, it is demeaning, demonizing, disheartening, and demoralizing to Indian Muslim Women.

Most importantly, as one of the judges pointed out, triple talaq is against the basic tenets of the Quran.  Recognizing this, many Islamic countries, including two of India’s large Muslim neighbors – Pakistan and Bangladesh – have abolished the practice.

In addition, it is unconscionable to think that a man should be allowed to banish a woman to whom he is married to-who is also the mother of his child or children, in many cases- by uttering a word three times, with no consequences. Triple talaq is also inherently discriminatory in that only a man has that “right” — a Muslim woman cannot end the marriage in a similar way.

Over the years, some Muslim organizations have rationalized the triple talaq by arguing that divorce rates within their community are quite low compared to other religious groups. It affects less than a third of a percent of Muslim women, they argue. This is neither a sound legal nor moral argument. Even if one concedes that instant divorce affects only a minuscule population, injustice should never have legal sanction, regardless of how many people are affected.

The triple talaq ruling, the result of a decades-long campaign by women’s rights groups, was a historic verdict. With the stroke of a pen, the judges made it illegal a practice that over the decades has ruined the lives of countless Indian Muslim women.

In the absence of a comprehensive study among Indian Muslim women, it is not known how many women have been divorced in this manner. A 2013 survey of Muslim women in 10 Indian states by the Bharatiya Muslim Mahila Andolan, an advocacy group that fights for the rights of Indian Muslims, found that triple talaq is the most common mode of divorce among those surveyed.

Of the 4,710 women sampled in the survey, 525 were divorcees.  404 of the divorcees were victims of “triple talaq”.  More than 80 percent of them did not receive any compensation at the time of divorce. Two of the five judges that issued the triple talaq judgment differed on the constitutionality of practice.  The bench was in unanimous agreement, however, in asking the government of India to enact legislation to govern Muslim marriage and divorce within six months.

The justice system in India has numerous drawbacks. Often it takes decades for courts to deliver justice. In this instance, the Supreme Court should be applauded for delivering the correct judgment in a timely manner.

The ball is now in the hands of the government. It is up to people’s representatives to come up with policies that will change the lives of Muslim women for the better.

Equitable legislation regarding Muslim marriage and divorce should be just the starting point.  I firmly believe that the central and state governments must craft policies that empower women, belonging to all castes, creeds, and religions.

The empowerment policies should focus on educating women, developing their skills, and making them part of the work force.  Empowerment of this type will allow them to pursue and create their own destiny. It will lead to financial independence. In addition, it will promote security and stability for women and will build their self-esteem and confidence.

The Indian Muslim community should embrace the Supreme Court’s verdict.  They should join together to say:  End triple talaq.  End triple talaq.  End triple talaq.   They should also use the Court’s decision as the opportunity to advocate for and bring about much needed reforms related to women’s rights.

(Frank Islam is an Entrepreneur, Civic Leader, and Thought Leader based in Washington DC area. His web site is www.frankislam.com)