The All India Muslim Personal Law Board today rejected the questionnaire on Uniform Civil Code (UCC) by the Law Commission and said that it would boycott any such move. It also accued the Central government of waging a “war” against the Muslim community. The Muslim body claimed that UCC would threaten the pluralism and diversity of India. The outfit also trashed the government’s stand on the issue of Triple Talaq, claiming that less number of divorces is reported among Muslims than other communities.
The AIMPLB had earlier filed an affidavit in the Spreme Court in Shayara Bano Vs Union of India & others. The affidavit provided reasons to prove why the practice of triple talaq is good for the Muslim women iin particular and the community in general. The triple talaq provision allows a Muslim man to divorce his wife by merely pronouncing talaq thrice or saying it three times simultaneously in three sentences.
Here are five shocking arguments the AIMPLB provided to the SC in favour triple talaq:
1. Triple talaq provides security to wife
The afidavit say, “Granting husband the right to divorce indirectly provides security to wife. Explaining the reasons for this, it says, “Marriage is a contract in which both the parties are not physically equal. Male is stronger and female weaker sex. Man is not
dependent upon woman for his protection. On the contrary, she needs him for her defence. If there develops serious discord
between the couple and husband does not at all want to live with her, legal compulsions of time consuming separation proceedings
and expenses may deter him from taking the legal course. In such instances, he may resort to illegal, criminal ways of murdering or
burning her alive.”
2. Women get killed when men don’t have easy divorce
“Needless to add, a husband who does not fear God may do anything against his wife whom he hates. For only he is with her in the darkness of night. He has more chances of covering up his crime. Often do culprits get the benefit of doubt. This accounts for the rise in the cases of women being murdered and burnt alive.”
3. Obtaining divorce from courts scandalises women’s character, for men the damage is little
“Securing separation through court entails that the weaknesses of the opposite party be brought into public domain. Some moral failings
are considered more scandalous for women in our society. For example the charge against a male that he has loose conduct and
temper may damage only a little his prospects of remarriage. However, husband’s same charge publicly against his wife about her
loose character may deprive her the chance of remarriage. She may be more harmed than benefitted by court proceedings.”
4. Obtaining divorce from courts “deters re-marriage” prospects of men, women
“Further, it is not unknown that securing separation through courts takes a long time; this further deters the re-marriage prospects of the
parties. In addition to the above, in cases where serious discords develops between the parties and the husband wants to get rid of the wife, legal compulsions of time consuming separation proceedings and the high expenses of such a procedure may deter him from adopting such a course and in extreme cases he may resort to illegal criminal ways of getting rid of her by murdering her.”
5. Triple Talaq is sin, but ‘valid and effective’ form of divorce
“It is submitted that though pronouncement of Triple talaq is considered to be a sin it is still a valid and effective form of divorce. In
Islamic Jurisprudence many times an irregular or improper nature of an act does not affect the legal consequences of the Act. For instance, it is not lawful to appoint a sinner as a judge However, if the state appoints a sinner as a judge and he passes a judgment, that judgment will be effective, provided it is within the limits of Sharia.”
