Talaq, Talaq, Talaq V/S Qubul, Qubul,
Qubul!?
The Muslim Women bill
(Also referred to
as- Protection of right on marriage bill)
“I wasn’t conceived
religiously- my existence is a proof of love, but now I am questioned on identity
based on religion, why? Is a Hindu daughter different to Muslim daughter? Are
individual concerns based on religion? Is divorce meant to ease the tormented
life or devastate the mutual co-existence? Is divorce in today’s given
situation a solution to a problem, or a problem to a solution? Is it a
legislative boon or a curse? Is it so religiously different that we needed only
“Muslim Women Bill”? ”- Shakila
The Muslim Women Bill- was
it pursued in the right light or was it a fast-track solution to disturb a thin
fabric of the nation’s religious sentiments? My politically jinxed mind likes
to know the moto behind the bill; why is it "Muslim Women Bill"
and why not- "Indian Women Bill"?
Questioning from common man’s
perspective
Women, Marriage and
Problems! That’s the series of action to complete a women’s life irrespective
of religious background or societal status. A female adolescent at Indian homes
means noise within the community, relative, close society and alike. It becomes
imperative to let out this ‘burdensome-ripening-fruit’ into the market for the
eventuality- Marriage the most vulnerable and uncertain outcome. The failure of which is equally brutal and
painful than Talaq (Islamic Divorce) for both man and woman. The universal
truth- a couple in any relationship is a mere agreement whether wilfully or
forcefully put together; once they agree to this engagement (either by
guardians or themselves) the later proceedings are completely decisive on
individual choices. It was the case in the former India too and it is much
vivid in this present scenario as well. So, what have we achieved by passing
a "Muslim Women Bill"?
Practicality in Muslim
Marriages:
In truth, marriages aren’t split by
uttering “Talaq, Talaq & Talaq”, it is perhaps misunderstood or
misrepresented to the non-Muslim community by large. Neither just “Qubul,
Qubul, Qubul” nor just “Talaq, Talaq & Talaq” represent the act.
The practical, legal and ethical process is followed as much as in other
commonly known marriages. The utterance of “Qubul (I
agree/ accept)” is similar to “I DO” in Christians or walking 7 steps (Saptapadi)
in Hindus. Similarly, “Talaq” also will be commissioned and legalised to
re-marry; even though it is in Muslim family! Talaq or Khulasa (Women seeking
divorce) for that matter without counselling or parent’s vigilance is mere
exaggeration of the unpleasant situation. The priest (Moulvi) summons the
couple before confirming the decision to provide them with a legal certificate-
a certificate of divorce is issued and entered in the register. Now, why dint
the government think beyond the stereo type and why was it focusing on
"Muslim Women"- "Triple Talaq”?
Women in India- as we know
from the history (that we know) represented women are held in high
regard in our societal positioning. The unbiased and unopinionated truth always
existed in this very nation, irrespective of the fundamental difference in cast,
religion or the creed that they belonged. We have references to some fantastic
women who have achieved what they did in their fields that brought in
significant revolution in the country. Jhansi Rani Lakshmi Bai, Jyotibha Phule,
Noor Inayat Khan are few names to mention among historic women in India. These legendries
were not made by men, they made themselves; they sunk into pool of tortures and
yet nurtured the womanhood in them, whist similar marital issues that existed even
then. However, they found the space for equality and gracefully delivered their
task. So, what is "Stereo Type" in India? Who is "Stereo
Typed" in Indian society? Why is religion recognised as a base for
"Superstitious Believes"? Remembering the famous and most
watched social media video of MP- Ms. Meenakshi Lekhi’s from the parliament
stating “Muslims should come out of superstitions” is hilarious. As though
marrying in a temple, with the priest chanting mantras, before the pit of fire
were not superstitious enough in Hindus or for that matter any ritual from
Hindu followers is still staunch Hinduism! (my bad humour side)
(Easier Ref:
https://www.facebook.com/MLekhiBJP/videos/456910354856405/
). Superstition with respect to family,
rituals, upbringing, socializing, communalizing etc is mere act of keeping
likeminded individuals together. Let one not misuse ones’ superstition to
negate or demoralize the other. The fallacy is in their head, let that not creep
into the larger community resulting in relentless cacophony.
Shah-Bano- The hyped judicial
case study, was the potent reference to "Muslim Woman Bill",
seems over-hyped. Shah-Bano, fought as a rightful citizen in a democratic
country undergoing a wave of reformation and development, and not as a Muslim
Woman. Although it is a bold act for a woman from Islamic background to put
forward a strong case, there have been many such woman of that era who have
exhibited commendable courage in other fields. However, this is a Judicial
matter; the case was based on religion and not womanhood hence to regard her
for boldness and unwavering faith in Indian judicial system in formative days
was certainly welcomed, but is it the same now? This historic case is History
and in the given circumstances it is unjust to infer. In case of nay
references, the perspective of our current system and leaders should be to
treat it as first and fresh to provide a new age solution. 2019 is incomparable with 1819 or 1919 or even
1999. This is an era where Democracy is felt in every act, Freedom
is exercised in every endeavour, Judicial supremacy questioned undauntingly
and Fourth Pillar of the estate is at its freewill. Wish fifth
pillar is enlightened too; allowing the supreme power [vote or veto] in agree
in unison for such bills.
Is it applicable to all?
Although, India is free from polygamy
ever since 1956, the silent practice still exists. Most of the Indian Hindu
men, who are compelled to live such lives are stuck with this plight because
they cannot divorce, and thus shall not disclose their other side of live. According
to an article in E-Economic Times, survey conducted by Gleeden 52% of
women and 57% of men have already cheated on their partners during a
business trip!? This is alarming. Majority of Indians have
accepted the global trend of living a neutral lifestyle; marriages have lost
their religious belonging long ago. Present generation seeks- fairness, equality
and unbiased legal solution than that of a one-sided, religious based and
propagated bill such as this.
Hypothetically,
let’s consider the husband will not divorce at his free will and then woman
continues to live in the given situation (which is mostly in the case of
"Hindu Marriages"). The couple in the house is compelled to live
an unhealthy marital life. What is that one factor that stops him from pursuing
a new partner, minus the legal necessities? If the man forced to stay in a relationship
stops the contribute to the family, then does she have an option, other than
divorce or informally separate with consent (hopefully)? Who shall be her
caretaker if the divorce happens (or doesn’t happen in the case of this Bill)?
What is the value of divorce V/S value of tormented lives? What is the solution
to these women struggling their lives though they have a capable husband but in
a futile relationship? These are general thoughts considering both are Muslims.
What happens to Hindu women married to Muslim family or Hindu man married to a
Muslim lady? Do they follow the same bill? What if the both, never followed
Islam as a religion or practiced the faith? What will happen to the children
from such inter-faith marriages?
Many such
questions go unanswered because neither the women who cheered the passing of
the bill thought through it, nor did we as influencers had time enough to
discuss. Yet, decision is made. To recall from the same video mentioned above,
we see other parliamentarians voicing out loud during her speech- they were
asked to wait- wait until the end. Perhaps our respectable speaker felt the
speech is interesting (Ms. Lekhi’s exemplary oratory skills are never gone
unnoticed) and like a school evaluator he just passed it. Perhaps with a whim
that passing bill is equal to good oratory skills, even if the theory/logic is
not well researched.
Passing of Bills for modern
India: an approach to sensitive bills- such as "Muslim Women"
Would it have been better for
government to conduct a survey on its relevance of the bills?
a. Platform:
A primary platform to register domestic issues in India to analyse Male V/S
Female divorce ratio. A survey report stating the percentile of cases based on
religion, gender and the causes for divorce. We may also find a reason to pass
“Male Divorcee Bill”.
b. Judicial
Survey: Divorce cases filed in the past 5-7 years analysis (not historic) to
direct the passing of bill in right light. The time spent from registering a
Divorce case to resolving the case, the action plans, the reason and the
alimony. Perhaps, it may result with a solution to others in common eventually
contributing to Indian “Marriage Act”.
c. Instead
of a bill, should there be a scheme that would impact women in general across
the nation? Or a Scheme focussing on educating Muslim women on their rights,
empowerment programs, single parenting schemes, family welfare schemes for
single parent child etc. Such creative inventions which could boost the morale
in these Muslim women and infuse the factor of respect and self-esteem, rather
than fear.
If there is a sensitive touch
to penetrate the mass- it is through a religious approach. The title
"Muslim Women Bill" is itself narrative to this line of thought.
Marriages in India have had similar effects whether it is Hindu, Muslim,
Christian or any other religion. It is in the Indian fabric that men were
considered dominant and women are supposed to be subservient to their men.
There was an era that lived through this and then surpassed through a series of
"Social Reformation" uplifting women. Religion is a man’s invention
for civilised living, none would suggest inhuman discrimination among men and
women in marriage. Islam is no different. The holy book in reference has
given generous space to its Muslim woman If one can read carefully and with an
unbiased mind. The taste of which is felt by the well-read, well-educated,
radical thinking, cultured Muslim families. Right education, right thoughts
and right association is very critical in one’s upbringing the same is true to
Muslims. The mere lack of "Right enlightenment" in Indian Muslim
families have led to devastating domestic lives with repercussions. Citing
examples of Prophets or Godmen or Gods itself doesn’t serve the purpose because
we do not co-exist, we can only refer to the aspects applicable in today's lifestyle;
doesn’t mean we deploy a theological bench to edit the historic evidences. Furthermore,
the theologist draw right comparisons and efficiently imply to suit current
lifestyle. Optimizing these resourceful philanthropists and theologists, should
be the focus to enlighten the innocent common men.
Passing of this bill
might have been a winning debate and a pride to politicians, but for the common
man, it is just another act of nothingness.
Disclaimer:
All the above mentioned
is purely from individual perspective and interest.
No intentions to hurt
anybody’s feelings or sentiments or any person in general.
The mere idea to bring
some sense of equality and belongingness among the youth of the nation and
enlighten them with points to ponder.
Welcomed to
comment/review/feedback/inputs.
