Skip to main content

Muslim women's collective calls triple talaq gender discriminatory, patriarchal, says issue whether it's Islamic

By Our Representative
In a strongly-worded statement, Ahmedabad’s Parwaaz Sangathan’s Bebaak Collective – an autonomous organization which works for encouraging reading, learning and sharing processes among Muslim women over the last three years in Gujarat and other states – has said that triple talaq is “gender discriminatory and epitomizes patriarchal values, and therefore must be abolished.”
Signed by two senior activists, Khairunnisha Pathan and Samina Malek, who call the collective “a strong feminist voice of dissent in the environment of majoritarian politics, speaking for the rights of Muslim women”, the statement says, the issue is not whether the All India Muslim Personal Law Board’s (AIMPLB’s) affidavit to the Supreme Court claiming triple talaq is Islamic or un-Islamic.
“The occasion of this statement issued by the organization is that growing numbers of Muslim women’s petitions challenging the constitutionality of triple talaq in the apex court”, the statement says.
It adds, “This is the only reason why it, as part of women’s movement and practicing feminists working with Muslim community and women has taken the liberty to “write this statement condemning the recent affidavit posed by AIMPLB.”
The AIMPLB’s affidavit, the statement says, has four parts:
  • First, abolition of triple talaq is (un)Quaranic; 
  • Second, since women lack decision making abilities, it is only men of the community who should have this right; 
  • Third, polygamy is Islamic though not promoted and this practice ensures marital rights for Muslim women, banning of which will tantamount to promiscuous sexual practices or murder of women in hands of their husbands; and
  • Fourth, the honorable Supreme Court of India has no right to intervene in the religious law of the community. 
Refuting point by point the AIMPLB affidavit, the statement says, “First, whether the practice of unilateral triple talaq is validated by religion or not is not our contention, rather it is gender discriminatory and epitomizes patriarchal values and therefore must be abolished should be emphasized”, the statement says.
“Second”, it says, “the belief that women lack decision making qualities dilutes the citizenship rights of Muslim women in India who have been exercising their electoral rights for more than sixty years now.”
“Third”, it says, “polygamy ensures marital rights for Muslim women and prevents death threats; and its erasure will increase promiscuous sexuality is not only conservative but also challenges the principle of ‘equality’ enshrined by our Indian Constitution for women who are being treated as second class citizens as compared to their male counterparts of the community.”
And fourth, it says, “that Supreme Court cannot intervene in the personal law eliminates the possibility of Article 14 which promises equal rights to the citizens within Indian territory across religion, race, caste, sex, or place of birth.”
“It is no surprise that AIMPLB has not progressed over the decades and reiterates the same position which reverberates the patriarchal conservative ideas of the community”, the statement says, adding, “However, we envision a gender-just law for the community where women’s question of social security and rights promised by the Indian Constitution will be practiced.”
It further says, “We do not believe in progressive or regressive interpretation of religion or codification of Muslim Personal Law for we believe that in every community there are multiple realities of an identity, multiple practices of beliefs and pluralist envisions of family structure.” 
The statement adds, “We, therefore, emphasize on acknowledgement of women’s rights which are otherwise controlled in the name of religion, purity or chastity or even in the garb of ‘protecting’ women.”
The statement underlines, “This statement is not only an emphatic on resistance to the religious organizations like AIMPLB but also a call to reiterate feminist vision of gender just laws for Muslim women who are also rightfully Indian citizens.”

Comments

TRENDING

It's now official: Developed Gujarat's regular, casual workers earn less than 19 top states

By Rajiv Shah
Though not as low as state chief minister Vijay Rupani claims it to be (0.9%), Gujarat’s unemployment rate, at least as reflected in a recent report released by the Government of India, is 4.8%, lower than the national average, 6%. Yet, ironically, the same report, released soon after the Lok Sabha polls came to an end in May 2019, brings to light an even grimmer reality: Lower wages in "model" and "developed" Gujarat compared to virtually the whole of India, including the so-called Bimaru states.

Amaravati: World Bank refusing to share public grievances on Land Pooling Scheme

By Our Representative
A new report, prepared by the advocacy group Centre for Financial Accountability (CFA), New Delhi, has taken strong exception to the World Bank refusing to share its independent assessment of the Land Pooling Scheme (LPS), floated by the Andhra Pradesh government in order to build the new capital.

Beijing-based infrastructure bank 'funding' India's environmentally risky projects

By Our Representative
A new civil society note has questioned the operations of the Beijing-based Asian Infrastructure Investment Bank (AIIB), a multilateral development bank that aims to support the building of infrastructure in the Asia-Pacific region, seeking to fund projects in India through the Government of India’s National Infrastructure Investment Fund (NIIF), calling it “a risky venture”.

Why crib? 4.5% is far better than pre-1980 'Hindu rate of growth': Subramanian replies

By Rajiv Shah
Even as sticking to his original argument that India's gross domestic product (GDP) since 2011-12 has been overestimated by 2.5%, renowned economist Arvind Subramanian has said in a fresh paper that his estimate of post-2011-12 growth rate at around 4.5% is surely not "implausibly low", as some of his critics have been arguing following his controversial June paper.

British companies export 'deadly' asbestos to India, other countries from offshore offices

By Rajiv Shah
“The Sunday Times”, which forms part of the powerful British daily, “The Times”, has raised the alarm that though the “deadly” asbestos is banned in Britain, companies registered in United Kingdom, and operating from other countries, “are involved in shipping it to developing nations”, especially India. India, Brazil, Russia and China account for almost 80% of the asbestos consumed globally every year, it adds.

Govt of India 'lying': MGNREGA budget reduced by Rs 1,084 crore in 2019-20

Counterview Desk
NREGA Sangharsh Morcha, a well-known advocacy group for the rural jobs guarantee scheme, under implementation since 2005, has said that the statement by the Rural Development Minister has a made a mockery of the Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) on the floor of Parliament, revealing the ruling BJP’s “anti-worker and anti-poor bias”.

Include all workers exposed to silica dust in anti-TB programme: Govt of India told

Counterview Desk
In a letter, sponsored by well-known civil rights organization, Occupational & Environmental Health Network of India and signed by more than 60 professionals and activists*, Dr Harsh Vardhan, Union Minister of Health and Family Welfare, Government of India, has been told that Indian policy makers shouldn't just acknowledge higher TB risk to mine and stone crusher workers, but also “other silica-exposed workers”.

UP's Sonbhadra killing of 10 tribals highlights 'failure' to implement Forest Rights Act

Counterview Desk On July 17, as many as 10 people, including three women, were killed and 28 injured when a village head and his supporters opened fire on a group of tribal farmers in Ubha village of Sonbhadra district in Uttar Pradesh. While the firing took place following a clash between over a land ownership dispute, it reportedly highlights failure of officials enforce Forest Rights Acts (FRA) and Survey Settlement in favour of tribals.

Universal healthcare? India lacks provisions to 'fight' non-communicable diseases

By Moin Qazi*
Universal health coverage (UHC) -- ensuring that all people receive proper and adequate health care without suffering financial hardship -- is an integral part of achieving the Sustainable Development Goals. It enables countries to make the most of their strongest asset: human capital.

RSS, Hindu Mahasabha were 'subservient' to British masters: Nagpur varsity VC told

Counterview Desk
Well-known political scientist Shamsul Islam, associate professor (retired), University of Delhi, in an open letter to the vice-chancellor of the Rashtrasant Tukadoji Maharaj Nagpur University, Dr Siddharthavinayaka P Kane, has taken strong exception to the varsity decision to include RSS’ “role” in nation building in the syllabus of the BA (history) course, citing instances to say that the RSS ever since its birth in 1925 with its Hindutva allies like Hindu Mahasabha led by VD Savarkar worked overtime to “betray the glorious anti-colonial freedom struggle”.