Triple talak


Prof. Nivedita Menon and Zi- Us-Salam talked on the issue of Triple Talaq in Ramjas College on 28th  January 2019.


The Department of  Political Science, Ramjas College organised a talk on Triple Talaq on the 28th January 2019. The key speakers were Zia-Us-Salam, Associate Editor of Frontline, a literary and social commentator, and the author of  ‘Till Talaq Do Us Part’ and ‘Of Saffron Flags and Skullcaps’ and Prof. Nivedita Menon, a professor of political thought at Jawaharlal Nehru University was also one
The talk began with Zia-us-Salam clarifying the term Triple Talaq, and suggested the usage of the term ‘instant Triple Talaq’.  Salam further went on to elucidate on Islamic marriage laws, role of the women in Islamic marriages, and the eight forms of divorce in Islam. He quoted verses from the Quran with respect to the topics. He further added that the role of the media in spreading propaganda, and hate against the Muslims and Islamic beliefs has severely impacted the discourses on Islamic thoughts and teachings.
The discussion then stirred towards the legality of Triple Talaq in context with Muslim laws and the role of maulanas and imams in situations involving the same.“Most incidents of  Triple Talaq are eloquent examples of the failure of Muslim society to instill in its men the teachings of the Quran; instead, they end up relying on the Quran’s interpretation by local maulanas,” Salam said while quoting his  book, ‘Till Talaq Do Us Apart’.

Image Credits:Department of Political Science, Ramjas College
Image Credits:Department of Political Science, Ramjas College

Nivedita Menon asserted on the prevailing patriarchal atmosphere in the country, islamophobia in the context of  mob lynchings, cow-slaughter and ‘love jihad’. Menon brought up the correlation between patriarchy and organised religion. Menon remarked that Islam had been ‘hijacked by the maulanas’. She talked about how marriage laws differ in every religion. According to Hindu Marriage Laws, marriage is a sacrament between two people. Whereas, according to Muslim laws, marriage is a contract and the terms of the contract can be negotiated.

Keeping the Uniform Civil Code in mind, Menon pointed out that it has nothing to do with gender justice, but with a Hindu nationalist agenda. She defined marriage as a civil institution. A two way argument on how Triple Talaq is not given in script was discussed.

Image Credits: Department of Political Science, Ramjas College
Image Credits: Department of Political Science, Ramjas College

Menon discussed the position of the Muslim women in the society in respect the current political atmosphere. She said, “We need to stop sounding like the patriarchies we’re fighting.” Menon also spoke about adultery laws and the discrepancies in it. She mentioned the Bharatiya Muslim Mahila Andolan and their efforts as women’s rights organisation for the Muslim women who have been victims of instant Triple Talaq, and faced social ostracization as a result.
Both the speakers agreed on the current islamophobic atmosphere and the patriarchal structure of certain Muslim communities, and its influence on instant Triple Talaq.


Feature Image Credits:Department of Political Science, Ramjas College

Jaishree Kumar

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A large section of Muslim women in India have been demanding an end to instantaneous triple talaq or talaq-e-bidat which they see as misogynist, unfair and un-Islamic. A number of petitions have been filed against triple talaq, the first one amongst them being the plea filed by Sharyara Bano who challenged triple talaq, polygamy and ‘nikah halala’ as being unconstitutional. Recently the Bhartiya Muslim Mahila Andolan (BMMA) also filed a petition against triple talaq, supported by 50,000 signatures of Muslim women and men.

Twenty two countries around the world have already abolished triple talaq. While some have adopted secure family laws, the others do not recognize a divorce pronounced outside a court of law. In South Asia, Muslim majority countries like Pakistan and Bangladesh don’t follow this practice and Muslim minority country Sri Lanka, doesn’t recognize instant divorce according to its Marriage and Divorce (Muslim) act, 1951.
Funny enough with the State Assembly elections coming up, a spotlight has been thrown on triple talaq; with every party wanting to give its stance either to gather Muslim votes or strengthen their Hindu votes by perusing the topic. While BJP is using triple talaq as an example to push forward the Uniform Civil Code, the opposition like Congress, BSP and Trinamol Congress have decided to take a regressive stance by chortling along religious bodies.

Political parties in the mist of elections and voter bank seem to have forgotten about the Muslim women that this law is affecting. BJP and Congress, both taken as the polarising ends have always politicised this issue. The Rajiv Gandhi government passed the Muslim Women Bill to overturn the Supreme Court ruling in the Sharyara Bano case. Now the Bhartiya Janta Party has taken a  surprisingly progressive stance on an issue which in the end is plagued by ulterior motives.

Regardless of their stand on the issue, the political parties come across as misogynistic entities standing alongside each other trying to gather votes while the Muslim women are fighting their battles, bravely.

Featured image credits: DNA 

Adarsh Yadav

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