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Why is triple talaq not abolished though Muslim women does not want it by a huge majority?

O Allaah, send blessings upon Muhammad and upon the family of Muhammad, as You sent blessings upon Ibraaheem and upon the family of Ibraaheem; You are indeed Worthy of Praise, Full of Glory.Your question has a wrong premise. The campaign against triple talaq is led by lone crusaders.The 5 Women Who Led The Fight Against Triple TalaqI challenge you to cite a single use of the mass protest in favour of triple talaq bill by women.Majority of the Muslim women have opposed the bill and insisted that there must be no intereference in Muslim personal law. These women are not represented in the media although they carry out protest in thousands. I am citing some links for you.Thousands of Muslim women protest against triple talaq BillMuslim women protest against triple talaq bill in Lucknow20,000 women join silent rally to raise voice against instant triple talaq bill - Times of IndiaI hope you understand how law is abused in reality in India. I admit that there are cases of spontaneous divorce by husband in India, which goes totally against the spirit of Shariah. Quran advises a number of steps to resolve conflict between husband and wife and even recommends appointing arbiters from the families of the husband and wife to resolve the differences. Prophet Muhammad, peace be upon him, specially reminded Muslims to take care of women in his last sermon. As per the teachings of Prophet Muhammad, peace be upon him, the best men are those who are best to their wives. In reality divorce doesn’t happen in an instant. There is always a long story of abuse, ego clashes, quarrels and even violence in most cases. In India very often the family members from both sides get involved to resolve the differences. It is only in the cases where the egoes run too high or the differences cannot be resolved the husband divorces pronouncing divorce three times, as he knows this is the right way to divorce, which is wrong. Sadly even our courts have the standard template of triple talaq that reads “I (Husband) divorce my wife by pronouncing divorce three times and thus free her from my conjugal rights.” I have myself seen court papers in which the divorce case ran over months as both families tried to negotiate and in the end when the divorce is settled the wording of the divorce reads as if it was done just in a moment. There is big gap in the ground realities and what goes in the papers. We need to appreciate that. The courts must step in to prevent abuse of women, give them their rights and ensure that they are not harassed by violent, impulsive and abusive husbands. There are always laws to ensure that in India which apply to all citizens irrespective of their religion. Just read the story of one of the crusaders against triple talaq below. You will understand that it was not a spontaneous divorce but culmination of a long tussle of egoes between the husband and wife. But the woman took it as a cause and promoted herself as a victim of triple talaq. You will find her profile in the list of five crusaders in the link given above.Shayara Bano is a victim of domestic violence just like 50 percent of all Indian women are. She had left her matrimonial home and was residing with her parents. Remedies to her concerns (maintenance, access to her children and protection against domestic violence) were available to her under the Protection of Women from Domestic Violence Act, but perhaps no one advised her about this.When her husband filed for Restitution of Conjugal Rights, she contacted a Supreme Court lawyer to transfer this case from Lucknow to Kashipur. As a counter blast, the husband’s lawyer sent her a talaqnama. Since a Constitution Bench was constituted, her lawyer advised her to file a writ petition and challenge the talaqnama, though she herself consistently maintained that she does not wish to return to her husband due to the domestic violence. So according to me, this case does not strictly fit the formula of ‘instant and arbitrary triple talaq’. But the writ petition gave her instant fame and she became known as a crusader for Muslim women. Recently, I read reports that she has joined the BJP.Source: 'Wrong to brand everything concerning Islam anti-women': Lawyer-activist Flavia Agnes speaks on darul qazas, triple talaq - FirstpostIn the light of Quran, divorce is maximum three times. This is why it is called triple talaq. What it means is that after first divorce when the husband and wife separate for three months they will be considered divorced, but they have opportunity of reconciliation and live again together as husband and wife. They can do this one more time. The third time they divorce, it will be irrevocable and they cannot come back together as husband and wife. This provision prevents women from the shackles of abusive husbands who may continue to abuse their wives in repeated cycles of divorce and reconciliation and thus not given them opportunity to remarry and get settled. If a couple has been divorced three times, I don’t think any sane person would say that there is hope for them to live together happily once again. Thus, Quran forces such people to explore other marriage options and not to be stuck in an abusive relationship because of emotional reasons.Supreme Court declared triple talaq to be invalid. It was actually already invalid in a High Court case that I am citing below.I could mention so many since we are constantly using these cases to defend the rights of Muslim women. For instance, in the Shamim Ara case in 2002, the Supreme Court laid down the correct procedure for pronouncing talaq. Even earlier, there were judgments of Justice Barul Islam of the Guwahati High Court in 1981 where the procedure for pronouncing talaq was laid down. Since 1981 to 2002, various high courts had followed the Guwahati judgement. So, the issue that arbitrary triple talaq is invalid was already settled. But these judgments were not highlighted in the media.Similarly in another important judgement, Danial Latifi vs Union of India in 2001, the Supreme Court held that a divorced Muslim woman is entitled to a fair and reasonable settlement for her entire life. But no one bothered to highlight this historic judgement and media continued to project that after divorce a Muslim woman is devoid of rights. Also, the fact that Muslim women are entitled to relief under the Domestic Violence Act has not been sufficiently highlighted in the media. So every time we have approached the magistrate’s court to protect a Muslim woman under this Act, the other side has argued that a Muslim woman is not entitled to claim relief under this Act and this is simply because media had not highlighted this issue enough.Source: 'Wrong to brand everything concerning Islam anti-women': Lawyer-activist Flavia Agnes speaks on darul qazas, triple talaq - FirstpostSupreme Court declared that triple talaq is invalid. Its fine. Even Muslim scholars disapproved of it. In fact, divorce in Islam is considered the most hateful of the permissible things. It is like amputation, which is undesirable but sometimes necessary for the larger goals. The BJP government has played politics on this issue because they don’t have anything to show to their Hindu voters as what they have delivered. They could not fulfill any of the promises made to Hindu hardliners whether it was about Ram Mandir, or about article 370 or about Uniform Civil Code or resettlement of Kashmiri pundits. By trying to champion such cause they are showing that they are taking Muslims out of the couches of conservatives, while as we learn from the links I shared above that most women oppose intereference in religious matters of Muslims. The government is so shallow that they take credit for a Supreme Court judgement when it suits them, like in case of Triple Talaq. And they keep quiet when a Supreme Court judgement doesn’t suit them such as in the cases of Adhaar, controlling pollution on Diwali, instruction of the SC to control mob violence, SC ruling on homosexuality and adultery, and other issues. How can you selectively take judgements of SC as your own victory?Now the government has formed the bill that a husband who is accused of triple talaq will be punished up to 3 years. Do you think it is going to help the matters? It is going to make things worse. This law will be abused in India like the dowry law and many other laws in which the accused is presumed guilty immediately. It is ironical that as per Supreme Court triple talaq doesn’t abolish the marriage which means that the man is still the husband. As per the law made by the BJP government the man will be sent to jail. So who is going to support the woman and her children while the husband is in jail for three years. You think the marriage will be saved after three years. So, even if you believe the husband has harassed the woman by giving spontaneous divorce and must be punished for it, at least consider the divorce to be valid so that the woman can be free to remarry. Why do you want a woman who has been abused to wait for three years to join the husband who has been punished? If they could not reconciliation during the court battle, what hope you have of their reconciliation after the punishment. On the contrary, it is possible that after the jail term the husband might harm the woman to take revenge for his shame. The woman living as his wife of the abusive would be vulnerable as well.The job of the government is to ensure social justice and equality to all. I agree that women are abused in India both Hindu and Muslim. Most family violence are seldom reported. Women in India, both Hindu and Muslim, are taught to take beatings silently and not go to court. So many women suffer beating from their alcoholic husband on daily basis. The problem of deserted women among Hindus is far bigger and serious (2.3 million women who are separated or abandoned), but it is never discussed at national level. A divorced woman has an opportunity to remarry, but the woman who has been deserted cannot even remarry.In Pics: Post Triple Talaq Verdict, What About Abandoned Women?The laws of marriage and divorces need to be simplified. If the husband and wife want to separate, they must be referred to counseling and given time to resolve their differences. If they still insist on separating, they must be allowed to do so because there is no fun in a marriage where one of the partners feels suffocated.https://www.news18.com/news/india/the-elephant-in-the-room-every-third-woman-in-india-faces-domestic-violence-1654193.htmlWe already have laws in India that divorced women of all faiths will maintenance to support themselves untill they take a job or get remarried. If a husband hurts the woman emotionally or physically, such as by pronouncing triple talaq or being verbally abusive or hitting her, he must be punished. I believe even one moth jail is enough for a reasonable person to correct his behavior. What matters is legal education of women about their rights. Women need to be taught that they must not take physical violence silently and complaint about it. Men must be told that they will be punished if they are violent. That will really help millions of women, both Hindus and Muslims.I don’t see any sincerity on the part of the government to address the core issue of violence in marriage, and it is playing politics through media debates on issues like triple talaq, which is really a non-issue. Even if you introduce the right method to divorce, it is no justice. Justice would be when husbands fear that they will be taken to court if they are violent with their wives and they realise the consequences of being verbally or physically abusive in their marriage.Praise be to Allah. The Lord of the Worlds.

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