Muslim women are refusing to abide by personal law board’s regressive diktats and misinterpretations based on a male-dominated worldview
Zakia Soman & Noorjehan Safia Niaz
The muslim womens’ movement for gender justice has historical significance. It is for the first time that this most marginalised and excluded section of Indian society is speaking out and demanding to be heard. The Muslim women are demanding abolition of triple talaq; they are vociferously speaking out that this practice is neither Quranic nor Constitutional. “Justice and equality have eluded us even 70 years after India’s Independence and we want the Supreme Court to make this correction”. Ordinary women are questioning the male patriarchal order as signified in the personal law board. They are refusing to abide by their regressive diktats and misinterpretations based on a male-dominated world. They are demanding to be equal Muslims as well as equal citizens in democratic India. This movement has shaken up the personal law board who is now desperately trying to remain relevant and save its existence.
In our country, the Muslim community is largely poor and educationally backward. There is hardly a sane political voice that would represent the concerns of the community. Since the Shah Bano episode of 1985, the personal law board appointed itself as the guardian and representative of the Indian Muslims. But this is not true as is evident by the recent developments in the campaign to abolish triple talaq. The Quran does not sanction triple talaq; Allah does not discriminate between a man and woman and yet the personal law board wants the reprehensible practice to continue. Alarmed by the support that the Muslim women are receiving from all quarters of society, they have embarked on a campaign to preserve their hegemony. In a recently concluded meeting they announced that the Supreme Court cannot decide the matters of personal law and that they would themselves come out with a code of conduct to be followed by muslims. Perhaps they have forgotten that approaching the Supreme Court is every citizen’s entitlement. The women are merely exercising their democratic right as citizens by going to court. The board is neither mindful of the Quranic injunctions on gender justice nor the democratic principles of equality enshrined in the Constitution. They have announced that they will insist on social boycott of those who practice triple talaq. This announcement is problematic because social boycott is an unacceptable idea by any democratic norms. Besides, our Constitution has rejected the idea of social boycott as reflected in abolition on untouchability and other such discriminatory practices. The women want triple talaq to be abolished by law and not through any extra-constitutional means.
The double standards and hypocrisy of the board is evident in many ways. They say triple talaq is bad theologically but is valid as a method of divorce. In short, they insist that whenever a man utters the three words—in person, in wife’s absence, on phone, through post card, on email—the relationship of marriage just ends and the wife must simply leave the house and everything else. She can be rendered homeless and destitute in an instant. There is no support for her and her children nor any place to go to. What is worse they see nothing wrong in this unilateral arbitrary method and have consistently justified it. Which code of conduct can help in such a situation? And why should the women trust the board? The women are demanding
justice and not seeking any favour or charity. The board is clearly under pressure for it fears that after the Supreme Court ruling it will lose all relevance. They are resorting to desperate tactics such as induction of women in the organisation. But the women members are mere puppets and continue to mouth the same male-dominated rhetoric justifying triple talaq.
No personal law board or khap panchayat can have any legitimacy in a constitutional democracy. The parliament and the government are bound by the Articles 13,14,15 of the Constitution upholding justice, equality and non-discrimination. The government is also bound by the Article 25 concerning right to religious freedom. In its affidavit filed before the Supreme Court the Government of India has mentioned these four articles and how it is bound to uphold them. The articles 13, 14, 15 are clear for all to understand. The board is talking about its rights under Article 25. Here too, the board is incorrect. The right to religious freedom is an individual right given to all citizens, both women citizens and men citizens. It can nowhere be interpreted to give precedence to men over women. Nor can it be interpreted to mean that a man’s religious freedom can violate a woman’s right to equality. Besides, the religion does not allow triple talaq. That is the reason why triple talaq is not recognised amongst Indian Shias and in several muslim countries world over. There is just no justification for triple talaq whatsoever.
Apart from abolition of triple talaq we need a comprehensive reform in muslim personal law. The Parliament must pass a Muslim Family Act just like it passed the Hindu Marriage Act in 1955 and reformed personal laws of Christian and Parsi communities. It is the constitutional duty of the Parliament to enable Muslim women to get justice in personal law matters.
(The writers are Co-Founders of Bharatiya Muslim Mahila Andolan)
