Skip to main content

'Unislamic, draconian': Free Muslim women of talaq-e-hasan clutches too, says plea to SC

By Our Representative 

Considered close to the BJP-RSS dispensation, Firoz Bakht Ahmed, formerly chancellor of the Maulana Azad National Urdu University and grandnephew of Maulana Abul Kalam Azad, has approached the Supreme Court for a ban on talaq-e-hasan, a form of divorce by which a Muslim man can divorce his wife by pronouncing talaq once every month over a three-month period. He insisted, the perpetrators of this form of talaq should be jailed for 10-years.
Calling the practice of talaq-e-hasan or talaq-e-husna "void and unconstitutional", Ahmed cited a petition filed by Benazeer Heena, a journalist, before the Apex Court, stating that the curse is similar to triple talaq, "cured by Prime Minister Narendra Modi", though regretting, the bane of talaq-e-hasan continues to "haunt and horrify Muslim women."
In an email alert to Counterview, Ahmed, who approached the Supreme Court through his counsel Atulesh Kumar, said, "The only difference between triple talaq and talaq-e-hasan is the gap of three months, whereas triple talaq is given in one sitting... It is high time that Muslim women come out of the clutches of this draconian practice."
Seeking directions from the court to the Union of India to frame guidelines for uniform grounds and procedures for divorce for all citizens, Ahmed claimed, "Talaq-e-hasan and other forms of unilateral extra judicial talaq are an evil plague similar to 'sati'... Many poor women in Muslim society are leading a pathetic and pitiable life owing to the practice." Hence there should be "complete ban on talaq-e-hasan and other forms of unilateral extra-judicial talaqs."
Even though Benazeer filed her case with the Apex Court soon after receiving her first divorce notice in May this year, after which she was got second the third notices, regreted Ahmed, the court appeared to believe there is "no urgency in the matter".
First, she was declined the request and asked her to make an application before the registrar instead. On receiving her final notice of talaq, the court did list the matter, but told her counsel, Anand, to seek instruction from the petitioner, Benazeer, whether she was open to divorce by mutual consent if "meher" was taken care of.
Claiming that talaq in Islam is "the most heinous and horrendous act/ crime in the eyes of Allah", Ahmed cites the case of Sahaba, a follower of Prophet Muhammad, who approached Him to divorce his wife. The Prophet asked him the reason. Sahaba made many complaints against his wife. The Prophet then asked him if his wife just had any one good quality. Sahaba, a truthful man, responded that she did have a good quality.
At that point, the Prophet advised the Sahaba, “Look here, if your wife has 99 (ninety nine) negative qualities but just one good quality, shun thinking about divorcing her and spend the rest of your life with her just focusing on that single good quality and treat her as your dutiful wife as Allah considers the sin of divorce to be one of the most pugnacious, unpalatable and unpleasant among all sons committed by humans."
Based on this anecdote, Bhakht said, all forms of unilateral extra-judicial talaqs, including talaq-e-hasan/ talaq-e-husna, are void and unconstitutional, are arbitrary and irrational sans compassion. They also lack concern for Articles 14, 15, 21 & 25 of the Constitution of India. The court to the Union of India should frame guidelines for gender neutral, religion neutral, uniform grounds for divorce and its procedure for all citizens, he added.

Comments

TRENDING

Gujarat's high profile GIFT city 'fails to attract' funds, India's FinTech investment dips

By Rajiv Shah  While the Narendra Modi government may have gone out of the way to promote the Gujarat International Finance Tec-City (GIFT City), sought to be developed as India’s formidable financial technology hub off the state capital Gandhinagar, just 20 km from Ahmedabad, a recent report , prepared by Tracxn Technologies suggests that neither of the two cities figure in the list of top FinTech funding receiving centres.

Why Ramdev, vaccine producing pharma companies and government are all at fault

By Colin Gonsalves*  It was perhaps Ramdev’s closeness to government which made him over-confident. According to reports he promoted a cure for Covid, thus directly contravening various provisions of The Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954. Persons convicted of such offences may not get away with a mere apology and would suffer imprisonment.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Malayalam movie Aadujeevitham: Unrealistic, disservice to pastoralists

By Rosamma Thomas*  The Malayalam movie 'Aadujeevitham' (Goat Life), currently screening in movie theatres in Kerala, has received positive reviews and was featured also on the website of the British Broadcasting Corporation. The story is based on a 2008 novel by Benyamin, and relates the real-life story of a job-seeker from Kerala tricked into working in slave conditions in a goat farm in Saudi Arabia.

Decade long Modi rule 'undermines' people's welfare and democracy

By Ram Puniyani*  Modi has many ploys up his sleeves when it comes to propaganda. On one hand he is turning many a pronouncements of Congress in the communal direction, on the other he is claiming that whatever has been achieved during last ten years of his rule is phenomenal, but it is still a ‘trailer’ and the bigger things are in the offing as he claims to be coming to power yet again in 2024. While his admirers are ga ga about his achievements, the truth lies somewhere else.

Belgian report alleges MNC Etex responsible for asbestos pollution in Madhya Pradesh town Kymore: COP's Geneva meet

By Our Representative A comprehensive Belgian report has held MNC Etex , into construction business and one of the richest, responsible for asbestos pollution in Kymore, an industrial town in in Katni district of Madhya Pradesh. The report provides evidence from the ground on how Kymore’s dust even today is “annoying… it creeps into your clothes, you have to cough it”, saying “It can be deadly.”

Plagued by opportunism, adventurism, tailism, Left 'doesn't matter' in India

By Harsh Thakor*  2024 elections are starting when India appears to be on the verge of turning proto-fascist. The Hindutva saffron brigade has penetrated in every sphere of Indian life, every social order, destroying and undermining the very fabric of the Constitution.

Can universal basic income help usher in sustainable egalitarianism in India?

By Prof RR Prasad*  The ongoing debate on application of Article 39(b) in the Supreme Court on redistribution of community material resources to subserve common good and for ushering in an egalitarian society has opened new vistas wherein possible available alternative solutions could be explored.

Press freedom? 28 journalists killed since 2014, nine currently in jail

By Kirity Roy*  On the eve of the Press Freedom Day on 3rd of May, the Banglar Manabadhikar Suraksha Mancha (MASUM) shared its anxiety with the broader civil society platforms as the situation of freedom of any form of expression became grimmer in India day by day. This day was intended to raise awareness on the importance of freedom of press and to pay tribute to pressmen who lost their lives in the line of duty.

Ahmedabad's Muslim ghetto voters 'denied' right to exercise franchise?

By Tanushree Gangopadhyay*  Sections of Gujarat Muslims, with a population of 10 per cent of the State, have been allegedly denied their rights to exercise their franchise in the Juhapura area of Ahmedabad.