Muslim Body appeals opposition to oppose Triple Talaq bill in Rajya Sabha

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IndiaTomorrow.net
New Delhi, Jan 1: Terming the Bill on instant triple talaq passed by Lok Sabha on Thursday as anti- Muslim women, anti-Islamic laws and also anti-constitutional, country’s largest Muslim body Jamaat-e-Islami Hind (JIH) has appealed opposition parties to oppose the Bill in Rajya Sabha to not to be passed. Calling the Bill as “self contradictory” it said that this was central government’s unnecessary move that goes against the recent judgment of the Supreme Court on the issue.

“Not only is this Bill against Article 25 of the Constitution of India which guarantees religious freedom but also goes against the recent judgment of the Supreme Court on the issue of triple talaq. We wish to point out to the Government of India that it should not interfere in the Shariah and must refrain from furthering this Bill. We also wish to express our disappointment at the support offered by certain Opposition parties to this Bill. We appeal to them to openly oppose this Bill when it is introduced in the Rajya Sabha,” Muhammad Salim Engineer, Secretary General of JIH said here on Monday.

“It is being told that the Bill has been introduced to protect the rights of divorced women, but when the triple talaq itself shall not be legal and a valid form of divorce and (pronouncing triple talaq) will not result in a divorce, then how can a punishment be awarded for the same? Then in article 5 of the Bill it is mentioned that the husband shall take the responsibility of maintaining the divorced wife and his children. The question that arises is that when the husband who issues triple talaq will be behind bars, how would he be able to take care of his divorced wife and children? Then after spending three years in jail, how could it be expected that the husband would be able to resume a happy married life with his wife?” he asked.

The Lok Sabha on Thursday passed Muslim Women (Protection of Rights on Marriage) Bill, 2017 that criminalizes instant divorce (pronouncing divorce thrice in one sitting) with three years of imprisonment for Muslim husbands after the government rejected an overwhelming demand from the Opposition to refer the legislation to a Parliamentary standing committee for detailed consideration. Introducing the Bill in the Lok Sabha, Union Law Minister Ravi Shankar Prasad said said the issue was not of religion or faith but of “gender justice and gender equality”.

In August, 2016 Supreme Court had struck down the practice saying it as unconstitutional and against the fundamental rights of Muslim women as it irrevocably ends marriage without any chance of reconciliation.

Passing a resolution JIH said, “The Bill that has been tabled in Parliament regarding triple talaq is unnecessary, against justice, against the Shariah (Islamic Law) and against the Constitution of India. The Bill has many internal contradictions and is against the interests and rights of Muslim women….. When the Bill does not consider triple talaq to be valid then how can it be punishable?”

Jamaat also expressed surprise and concern that the BJP led central government, while bringing such Bill did not consult the Islamic scholars, Muslim religious organizations and representatives of Muslim women organizations.

According to the legal experts this Bill goes against Articles 14, 15 and 25 of the Constitution of India.

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