If the idea is wrong, then everything will be wrong. Theory formulated from bad Idea and its
application into practices, functionalities and subsequent consequences all
will be wrong and counter-productive when the nucleus of this entire idea is
wrong. Meanwhile general public will have
little interest in scrutinizing the fundamentals of the wrong idea, but would
eventually blame everything else, thus unknowingly will believe a wrong as a
right and debate on its consequences only.
Yet another misleading of ruling class, especially considering BJP’s communal
stand in Indian politics.
BJP government is keen to promulgate a new law criminalizing
Tripe Talaq (uttering all three at once) seems to be an action from over
excited and short sighted political hot heads trying to achieve two
results. One is to boast among majority
community about their braveness of liberating poor Muslim women from the outdated
and cruel religious laws and other is creating unnecessary flutter among Muslim
community expecting some political mileage, yet another engagement ploy to keep
them in ghetto, confused and suppressed mindset.
Nevertheless, the law will remain on paper because of lack
of enforcement directives, operational models, disinterests by authorities,
influences of influencing people and vote bank politics. Moreover, the law will only complicate the
marital relationship of estranged couples.
Like a dowry prohibition act 1961, this will be toothless and useless
due to its primitive objectives of punishing the husband without actually
protecting wives.
Further by prosecuting and punishing the husband would divert
the case from divorce to criminal proceedings and would permanently remove the
possibility of reconciliation between couple, unless the uttering of triple
talaq lead to serious offenses like murder, suicide or domestic violence. If so, general criminal law is sufficient
enough to deal with domestic violence as in the case of dowry related domestic
violence or deaths.
By punishing the husband, the wife will be deprived of her
maintenance from husband until she would be married again or till her death
because the person supposing to give maintenance is locked under bars. There won’t be any possibility for husband to
change his mind or chances of retaining her as allowed in Islam. Further she cannot exercise full right on
husband’s assets or income if any as it will aggravate legal rights with other
relatives and concerned parties. So, by
sending her husband to jail she will be gaining nothing, in fact, increasing
her own problems and the society will also prevent her from doing it unless she
is rich and her parents and relatives agree to help her.
The motive of the law seems to be rushing to punish the offender
without looking at consequences.
Instead, I would suggest BJP government to draft a law that strongly
enforces the ‘Mahr’ system of paying reasonable or good amount to wife as coded
in Shariah system during marriage contract.
The Mahr system as strictly enforced in Quran is a financial security
for married women. Presently, the Mahr
system is functioning well in many Arab countries and gives sense of
independency to woman in addition to living with husband. In Islamic family system, it is the responsibility
for husband to provide all financial, physical and emotional needs of wife and
children even if wife is richer than husband or working or having her own
revenue. She won’t need to spend even a
single penny to her husband or children as protected in Quran as is her
personal right.
The Mahr system is legitimate right of wife and she has the
right to demand any amount or wealth from husband prior to marriage like dowry
in Hindu marriages. By receiving the
mahr, the women will be financially protected, and don’t require to approach
court for maintenance fee even at the
event of punishing the husband or death.
If BJP is really interested at the welfare of women, they
must follow Holy Quran and promulgate law to ensure Mahr for women.
