Many factors are based on the traditional connotations of Muslim society and are not in keeping with the modern social order.
A man of the advanced world is a high-value human resource.
The most advanced minded human being has a valuable life to live freely.
There is no basis for theories and norms, an obstacle to the free life of people.
There is an opportunity for all the changes in the developed world.
The talaq law that severely damaged the Indian Muslim woman has changed.
The baseless beliefs and laws are the best testimony to the future.
God, Man, and Law: Understanding your differences according to the following dialogues.
Accusations of misogyny and injustice also seemed to worry the judges who repeatedly asked if instant divorce was bad in theology, how could it be good in law?
“You pray in the mosque every Friday. In that prayer, you say triple talaq is a sin and bad. How can you then say it is an integral part of Islam?” Chief Justice Khehar wondered.
Justice Kurian Joseph added: “Can something found to be sinful by God be validated by men through law?”
In the end, the court did not accept the argument that just because it had been custom for 1,400 years, it should still be acceptable.
With Tuesday’s order, India finally has an answer to this key question – instant divorce is no longer just sinful, it’s also illegal.
Muslim women, who had knocked the doors of the Supreme Court opposing triple talaq, rejoiced at the historic judgement striking down the practice, saying they have emerged “victorious” and now feel protected.
However, some women petitioners opined that the victory in its true sense would be achieved once a law comes into force, making the practice punishable. Farah Faiz, Zakia Suman, Noorjehan Niaz and the All India Muslim Women Personal Law Board (AIMWPLB) either described the verdict as a “moment of big victory,” “big relief” or as “half the battle won.”
“Now, Muslim women will be able to enjoy their fundamental rights and have a codified law that will guarantee them their fundamental rights. Just like the Hindu personal law which has legal backing, the law for Muslims should have the same,”
Triple talaq, or verbal divorce, is practised by some in the Muslim community to instantly divorce their wives by saying talaq three times.
Guaranteed by the constitution, these rights are often seen as the backbone of Indian democracy and they cannot be easily altered or taken away, and a citizen can seek legal redress if they are violated.
A romping 92.1 per cent of Muslim women in the country are against the oral divorce, while 88.3 per cent are in favour of a form of divorce which offers scope for reconciliation.
A survey by the Bharatiya Muslim Mahila Andholan (BMMA) revealed that 88.3 per cent of women favoured ‘Talaq-e-ahsan’, which offered scope for reconciliation, as against the unilateral divorce.
The objective of the survey was to find what Muslim women seek in Muslim Personal Law and to voice aspirations of women in the community.