India's government on Wednesday approved an ordinance to implement a top court ruling striking down the Muslim practice that allows men to instantly divorce.
The government decision came after it failed to get approval of parliament a year after the court ruled that the practice of triple "talaq" violated the constitutional rights of Muslim women.
Most of the 170 million Muslims in India are governed by the Islamic law for family matters and disputes.
The laws include allowing men to divorce by simply uttering the Arabic word "talaq", or divorce, three times and not necessarily consecutively, but at any time, and by any medium, including telephone, text message or social media post.
The government will have another six months to get the parliament's approval for the ordinance to become law.
But in the meantime, suspects can be prosecuted using the ordinance.
Law Minister Ravi Shankar Prasad said that nearly 22 countries, including neighbouring Pakistan and Bangladesh, have banned the practice and appealed to the opposition to approve the Muslim Women (Protection of Rights on Marriage) Bill.
All India Muslim Personal Law Board (AIMPLB) had told the court that while they considered the practice wrong, they opposed any court intervention and asked that the matter be left to the community.
But several progressive Muslim activists decried the law board's position.
After the Supreme Court verdict, Indian Prime Minister Narendra Modi's government introduced a bill criminalising the practice and it was approved in December by the lower house of Parliament, where his party commands a majority.
But it couldn't get the approval of the upper house, where the opposition controls the majority of seats.
The main opposition Congress party is opposing a three-year prison sentence for the offenders and wants a parliamentary committee to discuss the issue to reach a consensus. It favours a lesser sentence.
In India, triple talaq has continued with the protection of laws that allow Muslim, Christian and Hindu communities to follow religious laws in matters like marriage, divorce, inheritance and adoption.
While most Hindu personal laws have been overhauled and codified over the years, Muslim laws have been left to religious authorities and left largely untouched.
Comments (65) Closed
A very good decision by Modi government.
This is good and progressive step.
the last para clearly shows...
Another example of India trying to suppress muslims and their religious freedom.
India has set an example of progressive secular & democratic country where every citizen is equal.
Very good for women
A good step in the right direction.
Good move. Pakistan should follow suit.
Modi should stop interfering in the personal matters of the minorities.
@Zak :practise what you preach.
@Azmal :get well soon.
This is serious interference in the religious matters of Muslim society.
Why does the government have to do this?
Finally Dignity for women
congress i s disgusting pplayine with life of muslim women for political resaon, just pass the law or make it an election issue in 2019, then we will see how congress acta,
i am a christin and belive 1 law for everyonw, even christian personal law should be abolished
@Zak have guts to say this to china who even demolish your mosques. Anyways its a step for betterment for muslim women. Let mullas shout.. no one will hear
@Zak,it will benefit more than half of the muslim population in India.
Also ban Halala
@Azmal Would you like to re-introduce talaq-e-biddat (triple talaq) in Pakistan? Some reforms like this are long overdue.
@Azmal oppressing women is not religious freedom. it's oppression
I think this will be welcome by Muslim women in India, by and large.
it is common sense. marriage is not a joke or a weekend affair!
Who cares as it this news item involves a foreign country. Why is this news being posted here in the first place.
The equality and dignity of women are more important than anything else. The suppression of weaker sex for centuries hasn't done anything good for the social fabric of any religion for that matter. A progressive step which should be followed by all archaic practices irrespective of caste colour creed or religion. The mute point is whether Congress will oppose it just to score brownie points and put a spanner in the works.
Good
As a Pakistani, I find this extremely welcoming.
These Asian nations are at the verge of open & uncommitted relationships and same sex marriages taking a lead from the west. How would this law enhance a family life. Many marriages fail because the partners have no education of interpersonal relationships and skills. Legislation is not the way forward as proved in the west. This matter should be sorted out by the relevant communities. Fundamentally, a Muslim marriage is a civil contract and any breach of the contract is addressed by the terms of the contract along with the prescribed punishment for any extra marital activity. Therefore any state legislation becomes irrelevant. A simple solution for those who do not like it, do not get married or at least do not enter in to a contact of marriage (NIKAH) if it does not suit you. Compulsion in Islam is forbidden and one is free to choose.
Well done, India. That is progressive and suits time now. Will others follow? If not, women should rise.
A lot more needs to be done to bring all religious personal laws to be in line with the Indian constitution which guarantees gender equality.
@Zak You don't know what progress is.
@Azmal Silly response to a sensible decision.Religious freedom should not and must not violate human rights.
@aleem , well said!
@Zak Watching the match? Don't get frustrated. Chill.
@aleem well said
Muslims of India/Pakistan are the same people. What is good for one is good for the other.
This is a great news!!
@Azmal Read the article before commenting. What is abolished is triple talaq which is even in Pakistan has been abolished long ago. So, how is the action taken in India is suppressing muslims?
Proud of being an Indian!
@jameel And that is what most people will never understand.
@Azmal read the article again, this time think a little longer before commenting
undue interference in others religion thats why we seperated
@Indian Common man Do you have any background of this? Supreme Court gave an order to the government to do this.
there is no concept of instant divorce in Islam. Ppl supporting instant divorce need to study Islam without the sectarian bias.
Excellent law. Thank you PM Modi
@tra how does triple talaq enhances family unit?
@Indian Common man
Muslim women were being treated unfairly and living under threat of talaq with no child support or anything time to come out of Middle ages and support the rights of your daughters and sisters
@aleem good comment Aleem. You are right. Oppressing women is not religious freedom. Wish there were more who thought like you
@Omar because we live in the WORLD and cannot take tunnel vision attitude of everything. We need to learn and know what is happening in other countries.
@tra women are not free to choose. With triple Talaq they get no child support or alimony Even if they are supposed to get support, no one is monitoring or enforcing the contract any more. Men freely divorce and leave children and family. So they need the law on their side where case is heard in court before divorce and women are given LEGALLY what they deserve. Got it?
@Zak no it is not personal matters to tell you honestly there should be one law for everyone .
Long overdue protection of women.
@Azmal Yes, my dear. Pakistan has already outlawed triple talaq. Is it suppressing religious freedom? Take your blinders off.
@Azmal what about protecting the rights of women?
@M. Emad Very true.
Modi is an unparalleled humane and philanthropist and is as good as Hasina.
I had a patient who underwent a cancer surgery where her rectum was removed and brought out from her abdomen. On the 7th day of her surgery, her husband came and uttered talaq 3 times and left her instantaneously..
According to the Islam laws which were written centuries ago the Indians have absolutely NO authority to change it, even though they can apply their dictatorship in their own land but by all means Muslims will NOT accept this, you can count on it.
Since Muslim Law is left to the religious authorities, the conditions of Muslims in India remained backward
@Azmal Get a life
@Indian Common man Don't worry....you won't understand.
@420 Unfortunately it shows what we are lacking.... one law for all citizens based on humanity irrespective of religious beliefs of individuals. We have a long way to go.
@eric I agree.... law of the land should be equal for all.
The last para reflects the tolerance and structured secular system of India as a nation. This also makes it the template of an ideal democratic country.
@Indian Common man
All women must be protected by law.
@Sameer
Thanks bro for your appreciation.
Guys like these probably feel this pain only when it happens to their mother or sisters. Slicing it bit higher may be alternate solution
Change is the only constant in life, this is perhaps the best thing about life, about the human race as a whole, it affects us all, we are all part of this change, we are both its facilitators and its onlookers. Everywhere, anywhere, there is change, it has been coming, for as long as humans have been on the planet, it is coming and will always be coming. Just think for a moment that life did not change, we still would be like our other many of our primate cousins, indeed even they have undergone change.