Senior BJP leader and Manipur Governor Najma Heptulla has been a votary of the scrapping of triple talaq as well as all those retrograde tenets that have been pushing the status of Muslim women in India to inhuman levels of gender inequality. Speaking to Organiser, Najma asserted that the recent Supreme Court judgement will restore a sense of security among Muslim women and move them towards much-needed gender equality. While talking to special representative of Organiser, Manoranjana Gupta, she said, “I think in any case Muslim confidence in BJP as a political party is increasing because of its “development-for-all” agenda, and the government’s position, as well as repeated statements by the Hon’ble Prime Minister Narendra Modi in respect of triple talaq, has further endeared the community, especially women, to our party”.
What would be your first comments on the recent Supreme Court judgement scrapping the Triple Talaq?
I welcome the Supreme Court’s decision on triple talaq as it will provide Muslim women with a sense of security and the much-needed gender justice. The judgement undoes the injustice being meted out to Indian Muslim women over decades making them victims of a unilateral termination of a matrimonial relationship.
Many critics of the recent judgement have called it un-Islamic and irreligious and against the tenets of Islam. What would you want to say to such critics?
The practice of “triple talaq” is being given an “un-Islamic” interpretation by some people. Islam was never a religion of inequality, the practice of “triple talaq” is being “wrongly interpreted”. The concept of one-time “triple talaq” does not exist in Islam. So, how can the scrapping of the same be called un-Islamic?
Is the Supreme Court judgement powerful enough to change the mindset of Indian Muslim men?
Well, a lot more needs to be done but definitely, this is the first step forward and I welcome it. I do not say that this is sufficient to change the mindset of those who were using talaq e biddat to harass and subvert the matrimonial rights of a woman, yet this is the beginning. Each one of us must welcome it.
Kamal Farooqui of the All India Muslim Personal Law Board has said that the Supreme Court has affected the rights of the religious minority to practise their religion. What would you say?
The Holy Quran and the Prophet have said that those who do injustice to humans are not following the religion correctly. Islam does not preach subversion of women or gender inequality. The Indian Constitution too guarantees gender equality. Where is the confusion? As far as the AIMPLB is concerned, during the Shah Bano debate those years, I had several meetings with AIMPLB and they tried to assure me that over the years they would bring reforms to correct it. Thirty years passed and they did nothing. Ultimately, suffering women resorted to the courtrooms to protect their rights in a marriage, given to them by Islam.
As I said before, marriage in Islam is a contract where any condition can be introduced and agreed upon by the two parties and women have equal rights under the Quran. If the woman is unhappy or doesn’t like to be in the marriage, she has the option of taking a ‘Khula’—a process of dissolving the marriage at the woman’s request. But was distorted by the whims and fancies of some Muslim clerics who wanted to deny the rights of Muslim women. The Personal Law Board cannot decide these matters, it can be done only by a court. In Bhopal for a very long time, Khula was applicable and Nana was responsible for it.
The judgement placed a high value on the institution of marriage with regard to women”s rights. By bringing up the nature of marriage and the concept of personal laws, Supreme Court yet again subordinated the role and rights of women. Do you agree?
No. There is always scope to examine further and I am sure Muslim women who have won in this heroic case will not leave any stones unturned in approaching the Court for further reliefs. As I said, more will follow. All these are very sensitive issues that concern the millions of Indian Muslim women who have been suffering. Triple talaq was only a medium of oppression. It is contradictory that we are living in the age of Facebook and WhatsApp which was misused for dissolving the marriage contract.
In conclusion, while the judgement has been heralded as a game changer, it adds very little legal value in the larger scheme of things. What do you have to say?
I would think it is a game changer as it has reversed the game completely. Muslim women have been questioning the centuries-old hegemony suffered by them at the hands of their male counterparts. This has given them the first relief. More will follow. Subversive practices within the Indian Muslim community, had created a serious imbalance where men were more powerful, empowered and educated and women, not so powerful, not empowered and uneducated. The most important and worth mentioning right is inheritance by Muslim women in their parent’s and husband’s property which was enshrined in Holy Quran.
Some will call this judgement a missed opportunity. How do you view it?
1400 years ago, when women were treated like a commodity bought and sold, Islam abolished slavery of all kind, gave property right to women. The modern world is talking about quality now, unfortunately, the Anglo Muhammadan Law of 1937 subjugated the correct right and position of Muslim women which Supreme Court has restored. Why we only talk of marriage and Talaq, why not property rights which were not defined any law anywhere, why not Meher which is the financial security of women which is her right in marriage even without divorce. Which marriage law has these rights 1400 years ago? The Muslim Law as directed by Quran and Hadees gave to women their rights long back, centuries ago. But post-Independence, when Pakistan was formed it dissolved triple Talaq and later Bangladesh did too. Only in India was triple Talaq still allowed until today. Now, the reform is taking place more is required definitely.
Abolition of talaq-e-biddat may be the first step towards reforming Muslim marriage and divorce laws. Is a woman’s life just about marriage and divorce?
No, it is not. During the Shah Bano case, I had the same opinion that I have now. What I said at that time was that life is not just about marriage and divorce. As per Quranic law, a woman is allowed to inherit and own property and have fair compensation in the event of divorce. In 1937, under British rule, the Anglo-Muhammadan Law legalised triple talaq.
How active would you want to be in achieving further relief for Muslim women living in India? Will you personally spearhead this battle for gender equality for Muslim women?
I have struggled all my life for securing the rights of women all over the world. Yes, I have fought for the rights of women universally regardless of their religion, colour or nationality. Naturally, I am more concerned about women in my country. Today, we have to fight violence against women in the home, street, in educational campuses everywhere we should stand by our women and I am sure BJP Govt. under the guidance of Prime Minister Modiji, women of India will feel safe and protected. I have been very vocal on Muslim women’s rights since the 1986 Shah Bano case. Everybody knows that. I have been strongly advocating against triple talaq for decades now. I will continue my battle against gender inequality.
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