Scholars slam instant divorce practice

For the first time, a raging debate on the practice of triple talaq or instant divorce has emerged across the country as Muslim intellectuals, lawyers and social workers are openly discussing this sensitive subject.

Though several Muslim groups and the All India Muslim Personal Law Board (AIMPLB) say they have been conducting campaigns to discourage men from declaring triple talaq or divorce in one sitting, the practice is widespread among Indian Muslims.

It is not that the divorce rate is very high among Muslims, says senior Islamic scholar Asghar Ali Engineer. "But triple talaq is the method followed in 95 per cent of the divorce cases with very few men following Quranic methods. Triple talaq is not only unjust to women but it is also un-Islamic since Quranic laws are fav-ourable to women," he told Gulf News.

The only way to discourage men from resorting to this process of divorce is to educate women, encourage them to learn Arabic so that the essence of Islam is understood and the rights of women enshrined in the holy book grasped, he says. "What is unfortunate is that even educated women do not know Arabic or have shown little inclination to study the Holy Quran in Arabic."

Surprisingly, even the men who pronounce triple talaq do not know Quranic laws, he says.

Under these circumstances, the situation can be bleak for Muslim women in India since their literacy rate is 34 per cent compared to 45 per cent among men.

"The percentage of female graduates in the community is just 0.4 per cent. Now, you can imagine what triple talaq can do to a woman. Her future is ruined even before she can react to it," says Engineer, author of Rights of Women in Islam published by Sterling Publishers, Delhi. A second edition of the book is now being sold in Malaysia, the UK and the US.

The divorce rate among Indian Muslims, at two to three per cent, may be the same as that of other Indians, but there are scores of Muslim homes being broken because of this practice.

"I don't think it's ignorance that is responsible for this practice since men who resort to instant divorce are 'jaahil' (illiterate/ ignorant)," according to Abdul Razak Maniar.

He set up the Public Complaints Centre as a trust in 1986 in Bhendi Bazaar, a Muslim dominated locality in south Mumbai.

Family problems

Initially, his aim was to take up complaints from local residents against the Brihanmumbai Municipal Corporation, police, government departments or even help people get building repairs done.

In the process, "we started hearing family problems and have now become 'specialists' in dealing with marital disputes," he said. This is because, he says, people had lost faith in the local 'jamaat' or organisations.

"They came to our Centre where we did not take any payment and also remained neutral to both parties. Even today, all that we tell them is to get a Rs3 file and a written complaint."

At least 50 cases of marital disputes come to the Centre in a month from all parts of Mumbai, particularly South Mumbai, and even from Mumbra on the outskirts and Nashik.

The first step is to work towards a compromise "and let me tell you, we have been successful on this front. But the sad part is most people first go to a 'kazi' who is eager to see the divorce through for the sake of a good fee.

"So many homes have been destroyed by these 'kazis' because they are blind to the sufferings of a woman and her children after divorce. The idea of marriage counseling is non-existent here. Even the 'jamaats' could help couples resolve their differences amicably but they don't," says Maniar.

He and others can cite umpteen cases of how a Muslim woman and her children have been left to fend for themselves because of instantaneous divorce.

Veena Gowda, a lawyer with Majlis, an organisation with a group of lawyers, talks about the 'talaqnama' being sent by fax and courier and at times even through SMS by Indian men living abroad, especially those in the Gulf countries.

"In one case, a man working in the Gulf married a girl from Mumbai, took her to Muscat and compelled her to work as a salesgirl even though she did not have a work visa. When the authorities found out, she was deported back to Mumbai. But in a few days time, she was sent a talaqnama, signed by a kazi in Mumbai, by courier from Muscat."

In this case, the husband has found an easy way out of relinquishing his duty of paying maintenance to her, says Gowda.

"Another major problem in the Gulf is that a summons cannot be issued against the man if the address is a post box. Indian courts fail to recognise post box numbers as there is no acknowledgment of the notice received. The situation is better in India, the US and UK where you can go and execute orders," says Gowda.

Maintenance

Under the Indian Muslim Women's Act (Protection of Rights on Divorce), 1986, based on the principles of Sharia laws, the woman is given maintenance, a fair and reasonable provision, during the 'iddat' period of three months.

"Since maintenance does not go beyond this period for Muslim women, Indian courts are granting lumpsum amounts to be paid to them. This is heartening and also yielding positive results as many men refrain from divorce to avoid paying large amounts during iddat," she says. However, Gowda finds it difficult to comprehend why despite several conditions for seeking divorce and the emphasis on arbitration, "there is always a misinterpretation of Sharia laws. It is a pity that society continues to accept the instant triple talaq system."

Maniar also comes up with cases where arbitration could have helped save a marriage.

One classic case is that of a man who divorced his wife twice. In the first instance, his neighbours called the police because his wife had thrown garbage along with meat bones outside the house. When the police came home to investigate, she shouted and abused them.

"In anger, the police beat up her husband since they could not retaliate against a woman. The annoyed husband blamed his wife for being thrashed by the police and divorced her promptly. Later, he regretted his act and married her again, but only after she married another man as per the law and was divorced. Yet, the remarriage did not last long and he divorced her again in spite of having three children. A maintenance of Rs1,500 was paid to her for three months after which the woman had to fend for herself or had to depend on relatives."

In another case, a young girl working in a beauty salon on Mohammad Ali Road fell in love and married a man who took her to his family in Udaipur.

Marriage agreement

Within months, he sent her back to Mumbai on some pretext and then sent a letter written in Gujarati. "She didn't even know what was written. When we read and told her that she was given a divorce by her husband, she started weeping and told us she was expecting a baby. There was nothing much that we could do except ensure she was given her maintenance. The man sent her Rs86,000."

Young couples getting married these days are usually advised by social