THE discriminatory practice of ‘triple talaq’ allowing men to instantly end a marriage by just uttering the word ‘talaq’ thrice not only violates the rights and responsibilities of marriage but also hands men the power to control women’s lives. Often, no questions are asked, and no reasons given for a verbal divorce. So when the Council of Islamic Ideology announced on Wednesday that the practice of instant divorce should be discouraged and men who end marriages in this way be penalised, it was clear that the religious body’s recommendation was overly lenient — especially as the emotional and economic impact of such a divorce ruins lives. In effect, parliament should have taken up the issue in the first place and framed legislation criminalising the practice which violates women’s constitutional rights. A woman’s contribution to a marriage is hardly recognised in conservative societies — and this custom further negates her right to a share in property, inheritance and child custody. Moreover, it is not for the CII to scrutinise marriage and divorce laws or even draw up new divorce deeds given that it is supposed to simply ‘advise’ parliament on whether laws are in accordance with Islamic injunctions. When the legislature is constitutionally bound to enact laws that are not contrary to religious belief, is there any justification for keeping on the CII, especially when its annual budget runs into millions at a time of austerity?

If anything, the National Commission on the Status of Women should work with the ministries of human rights and women development to prepare legislative mechanisms that stop men from arbitrarily dissolving marriages. Alternatively, the NCSW should suggest amendments to existing legislation such as the Muslim Family Laws Ordinance, 1961, or the Prevention of Anti-Women Practices Act, 2011 (which prohibits regressive acts that infringe on women’s rights). Furthermore, since marriage is a legal contract under Islam, women must understand the terms and conditions in a marriage document before they sign it. To abolish the practice of ‘triple talaq,’ not only must parliament form a consensus on legal mechanisms, the government too should disseminate information through awareness campaigns on television, radio and social media platforms. Educating women about their delegated right of divorce when they marry is critical to protecting them and their dignity. Only when women are aware of this will those who strike out sections in the marriage contract pertaining to divorce rights stop depriving them of their due.

Published in Dawn, September 28th, 2018