Thursday, May 11, 2017

Indian Muslim Women Challenge Instant Verbal Divorce

The Indian Supreme Court is hearing petitions filed by Muslim women who want the practice of instant verbal divorce abolished. In India, a Muslim man can simply say the word divorce thrice to end his marriage and as per Muslim law, the woman is not allowed to contest the divorce.

Muslim women claim this practice is unfair as the Quran makes no mention of verbal divorce. The Supreme Court over the next six days will examine whether instant verbal divorce violates the fundamental rights of Muslim women in India.

Our India correspondent Neha Poonia brings you voices from both sides of the debate.

IN: "Talaq. Talaq. Talaq...'
OUT: SOC
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Talaq. Talaq. Talaq.

The word divorce- uttered three times in one go- otherwise known as triple talaq- is all it takes to end a Muslim marriage in India.


46-year-old Arshiya Ismail is one among many Indian Muslim women who are fighting to end the practice of instant verbal divorce. 6 years ago, her husband- an Indian Air Force officer ended their marriage by simply saying the word divorce or talaq three times. 

"We are not wives, we are commodities; meant to be used and thrown.How can any community allow triple talaq?"

But not all Muslim women want triple talaq gone. Mamdooha Majid was also given verbal divorce by her husband barely 5 years into their marriage. Despite having faced it herself, she claims the practice gives women independence. 

"It allows a woman to get married again. It's her right to remarry. If a woman is not given talaq, she can't live freely."

It's the same view held by Kamal Farooqi- a member of the All India Muslim Personal Law Board. His organization is fighting all attempts to change Muslim law. Kamal Farooqi says that though condemnable Triple Talaq is often necessary.

"In other religions you don't have an escape route at all. Islam gives you that exit route, which should be appreciated. If I want to live according to my religion, what is your problem?"

The issue has even become political- the Indian government has petitioned India's top court to outlaw the practice- a case that is currently being heard.