Irked by the observations of the Kerala High Court about the discriminative nature of the triple talaq divorce method being practised among Indian Muslims and the need for a uniform law for marriages and divorces, Muslim scholars and community leaders in the State are thinking of going for a legal battle to counter the efforts for reforms in religious personal laws.
Two top community leaders have already come out against the “frequent court verdicts and observations about Sharia” in the wake of the Kerala HC’s observations which came just eight days after the Allahabad HC said the triple talaq divorce method was cruel, discriminatory and unconstitutional.
While K Alikkutty Musliar, general secretary of the Samastha Kerala Jamiyatul Ulema, termed the High Court’s observations as anti-Sharia, Kanthapuram AP Aboobacker Musliar, general secretary of the All India Jamiyatul Ulema, said the current discussions on the issue created an impression that Muslims were marrying just for the purpose of pronouncing triple talaq.
According to Kanthapuram Aboobacker Musliar, the community would offer legal challenge if a court ordered that divorce should be done in accordance with law instead of talaq. Triple talaq was being adopted only in unavoidable circumstances and that this system of divorce existed in all countries with Muslim population, he said.
However, a good section of Kerala’s Muslim community seems to be supportive of the efforts for bringing in changes to the way triple talaq is allegedly being practised among the Indian Muslims though they are a bit confused about the discussions on the need of uniform civil code in the country.
While considering a batch of petitions filed by some Muslim women complaining that the passport authorities were not removing the names of their former husbands who had divorced them through triple talaq, the HC had on Friday said that Muslim women in India were not getting the freedom and right even women in Islamic countries were enjoying.
According to the court, divorces through triple talaq among Muslims in India were not being done in accordance with the stipulations of Quran. The religious text did not support the system in which divorce became legitimate if talaq was pronounced three times at one go, it said, adding that divorce should not be the forceful imposition of one person’s will on another person.
The HC also said that the Government could formulate a uniform law for divorces without disturbing the system by which marriages had to be held in accordance with the religious customs. It had issued instructions for sending copies of the judgement to the Union Government and the Central law Commission.
“We stand by Sharia… The discussions on the issue are being held now in such a way that an impression is being created that Muslims are getting married for the purpose of pronouncing triple talaq,” Kanthapuram Musliar said in Delhi the other day, adding that Triple Talaq pronounced through social media and other communication means was not legitimate.
On the court’s observations that triple talaq was not in practice even in Islamic countries and that it was against Islamic values were inappropriate, Alikkutty Musliar said that only religious scholars had the authority to take decisions on issues related to religious matters including Sharia.
At the same time, many young Muslims seem to favour the idea of uniform law for marriages and divorces. “Their (the clerics’) argument that Triple Talaq is not discriminatory does not hold water. Everybody knows how it is works. Systems do need change,” said Rehana Abbas, a woman IT professional from Tirur, Malappuram.