Educated Muslims Should Take Stand Against Defective Triple Talaq Bill

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A team of educated Muslim community stakeholders should start a campaign to reform the current TT to make it meet the needs of Muslim women, men, community and fulfilling the injunctions of the holy Quran and Sunnah.
Kaleem Kawaja | Caravan Daily

DESPITE the havoc that BJP and Modi have caused to the Muslim community in India in the last 3 years, the All India Muslim Personal Law Board (AIMPLB) has shown much reluctance, when it comes to suggesting any reform in the Muslim community’s personal laws. Even when a large number of Muslim women complained loudly, they refused to hear their voices and continued to impose their very regressive diktats that are in violation of the Quran. They refused to look at the possibility of reform in the laws that have already been made in most Muslim countries.

  1. In 1986 AIMPLB forced the Muslim community leaders to force then PM Rajiv Gandhi and Congress party to pass the “Shah Bano” legislation that denies divorced Muslim women any right of alimony compensation from the husbands who divorce them. This has continued to render a large number of Muslim women to become destitute and lead miserable lives.
  2. In the last 10 years despite many appeals from the Muslim community to reform the personal law to ban instant Triple Talaq (TT), AIMPLB refused to take any action. They came up with lame excuses like new nikahnamas that condemn TT.  But they continued to defend TT itself as an inherent pat of Islamic law, despite the fact that there is no mention of that in the Quran, which recommends a method to implement divorce over a period of 3 months and allows for reconciliation.
  3. Even as the BJP/Modi govt prepared to introduce a deeply flawed law to ban TT in parliament and the Muslim community was being shamed and Muslim women were being incited against their own community, AIMPLB has kept on defending the draconian and illegal law, and have asked all political parties to let the current TT law stay. The BJP law criminalizing TT is a monstrosity in itself, besides its many other flaws. At this time several ulema who are members of parliament or Muslim leaders are playing hide and seek and finding creative reasons to stay away from Delhi while the legislation is being discussed, so that they may not be asked to comment on it.
  4. By its monstrous disregard for the welfare of Muslim women, AIMPLB has forfeited their right to address this subject on behalf of the Muslim community. The admirers of AIMPLB should try to understand this bare fact.

Now it is the responsibility of well educated Muslims especially legal luminaries (eg Prof Faizan Mustafa, Prof Mustafa Sherwani, Prof Soz, Prof Tahir Mahmood and others) who are very knowledgeable in this matter, including the Islamic and legal perspective, to form a team of Muslim community stakeholders. They should start a campaign to reform the current TT to make it meet the needs of Muslim women, men, community and fulfilling the injunctions of the holy Quran and Sunnah.

They should meet heads of all political parties, major Muslim organizations etal. They should present a sensible and unified approach to various organs of the parliament on crafting a sensible legislation on this subject. If the govt and political parties do not pay attention to them they should launch large-scale peaceful public rallies in a few major cities to make them pay attention.

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