If the proposed “The Muslim Women (Protection of Rights on Marriage) Bill, 2017” is approved by both the Houses of Parliament, the Muslim women who are not protected, shall be thrown into the streets. It seems the very objective of the BJP is to disturb Muslim marriage institutions.
While the proposed Bill seeks to criminalise instant divorce, triple talaq, while Mutha marriage, contract marriages and triples talaq is rampant among the Shia sect, however the same continues to garner mixed reactions ahead of it being tabled in the Rajya Sabha. It is unfortunate that already helpless Muslim women by alleged triple talaq, her problems will be multiplied as the Government ignores the black sheeps who are in every faith. The issue should have been consulted with Islamic experts before drafting of the Bill.
This is an Islamic matter, and it should have been discussed with Islamic experts of AIMPLB, All India Mohammedan Parishad (AIMP) and all major ulemas (body of scholars), but the government did nothing of this sort. There were other ways of upliftment given helpless Muslim woman and her family. Whereas only two lakh cases of triple talaq have cropped up in the nation so far, while the rate of divorce among the Hindu is more than several crores.
To uplift Muslims, the local, regional and union governments should instead like KCR educational, true empowerment like that of Dhobies, Barbers, Shepards, Gold Smith, Black Smith, Carpenters etc with reservation of Muslims on par with such Hindus. They ought to have streamlined Urdu or Arabic education with modern education and provide self-employment with the state as security until such loans are repaid if they naturally incline towards you.
The parliamentarian also accused Centre of harbouring political motives. Now they have made one woman (Ishrat Jahan) who had filed a case against triple talaq join BJP. This clearly shows they have political motives to disturb Muslim marriage institutions without providing any State’s financial allowances for such women who dare to throw themselves into streets after such unfortunate episode.
In fact there may be petty fight between wife and husband and whatsoever said in anger by wife seeking Qula (divorce at single time by woman from her husband) does not amount to be their true intention but by the passage of short span of time both husband and wife realise their respective mistake and unite naturally and there is reconciliation process by elders of both the sides in Islam like other faiths
Mujeeb who is the National Convener of Azad Hind Parishad (Party) said that Congress has maintained its partial support to the proposed Bill in Lower House. It is a civil matter. Instead of criminalising it, the government should have simply banned it. The Supreme Court says it is illegal and you give the example of 22 Muslim countries, but these 22 Muslim countries have banned the practice
On one hand, you are sending the man to jail, but on the other hand, there is no clarification about who will provide maintenance for the woman and her child, so there are many loopholes in the Bill, he further said. AIMP called for a ban on the practice through Nika Nama instead of its criminalisation. AIMP also demanded the deletion of the imprisonment and maintenance clauses from the Bill
The Muslims are against the discriminatory practice of triple talaq mostly by Shia sect. But this bill has been introduced in a rush and many minute details have been ignored. In fact the Bill should be, sent to a special committee to remove contentious clauses.
It very clear that in all cases that are submitted before the Magistrate, it is the Magistrate who will decide who has to incur the expenses of the woman and her children, but Magistrate will be helpless to grant maintenance to the victim by her husband while he is in jail. The Bill has been passed in the Lok Sabha and is likely to be tabled in Rajya Sabha today.
Congress, the leading opposition party in the Rajya Sabha, has objected to the imprisonment and maintenance clauses of the Bill, and is pushing for it to be sent to the standing committee or a select committee.