Triple Talaq ordinance
is against the Constitution: Jamaat-e-Islami Hind
New Delhi: Jamaat-e-Islami Hind (JIH) has
expressed disappointment over the government's ordinance on triple talaq and
said that the ordinance goes against the Constitution and has been brought
about keeping an eye on the upcoming 2019 Parliamentary elections.
In a press statement, the JIH President,
Maulana Syed Jalaluddin Umari said: “this ordinance goes against the
Constitution because our Constitution gives equal rights to every citizen to
follow his or her religion. Through this ordinance the government wants to
implement a law that contravenes the Muslim Personal Law. Under Muslim
Personal Law if a person divorces his wife then there is no dispute or
difference of opinion regarding the validity of the talaq. Talaq has taken
place and the wife stands divorced. The only difference of opinion is regarding
the kind of talaq that occurs when a husband pronounces divorce by uttering the
word talaq three times in one sitting; namely will such a pronouncement be
considered to be one talaq (revocable) or three talaqs (irrevocable)? None of
the Muslim schools of thought (jurisprudence) hold the pronouncement of
uttering talaq three times in one sitting to be invalid and inoperative. But
according to this ordinance passed by the Government of India, triple talaq
(pronouncing talaq three times in one sitting) will not be considered to be a
divorce at all and shall be a punishable crime. If someone is found guilty of
giving triple talaq then he has to face a three year jail term and may have to
pay some penalty as well. This is complete interference in the Islamic
Sharia’’.
Maulana Umari posed the question: “if the issue
was pending before the Rajya Sabha; why did the government bring about an
ordinance and bypass the Parliamentary procedure. And why is the government
imposing such laws on Muslims? The ordinance says that if someone gives triple
talaq then the divorce will not be valid and the husband has to go to jail for
three years and in the meanwhile he has also to provide maintenance to his
family including wife and children. Perhaps this is the only law in the world
in which an action does not have any effect and yet the person accused of that
action is punished for it’’.
He said: ‘’if there exists any misuse over the
use of triple talaq then punishing the husband like a criminal is not a
solution to that problem. Talaq is a reasonable way to end the marriage
contract and to start a new life. If there will be unnecessary impediments on
talaq itself then the husband will not resort to its use and this may create a
situation wherein he might harass the wife. The government should have
consulted Muslim clerics and representatives of the Muslim community and made
efforts to understand their point of view. According to the Law Minister the
ordinance was passed to ensure gender justice and equality. But the truth is
that Islam emphasizes and promotes women rights. It seems that the government
wants to destroy the identity of Muslims through the issue of triple talaq and
this is not acceptable to Muslims at all. It is clear that the ordinance was brought
keeping an eye on the upcoming general elections.
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