May 26, 2024

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Triple Talaq: What is my crime after all?

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BY- Benazir Hina (Talaq-e-Hasan Victim)

Saira got divorced in the year 2015 after being in the bond of marriage for 15 years. This year her husband ended the relationship with Saira Banu by saying triple talaq. Saira approached the Supreme Court in 2016 and in her petition sought to declare talaq-e-bidat i.e. divorce by uttering talaq thrice simultaneously, on the basis of fundamental rights of the Constitution, to be declared illegal.

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During this, suddenly there was a debate in TV everyday regarding triple talaq. On one hand there were threats and arguments of Muslim Maulanas in the news studio, while on the other side Ishrat Jahan, Zakia Soman and Shayra stood for Muslim women suffering from triple talaq. Who can deny that religious debates in newsrooms sometimes take away our conscience. As a Muslim, I also felt many times during that time that this is not a tampering with Islam religion!

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Or say that due to ageless age, during that time I could not understand the pain of Zakia Soman and Shayra Bans. But in spite of all the noise of statements coming in opposition and opposition, the night of 1st August 2019 was a night for me on which I slept very restlessly. Because triple talaq law was implemented in the country. Earlier, there was a strange fear in my mind that after marriage, on some matter, the Shohar should not call me divorce-divorce-divorce. As soon as the law on triple talaq came on August 1, now if a husband tries to leave his wife by saying “talaq” thrice, then he can be punished with three years in law and the police can arrest without warrant. That night I thought, “It is a very good time for Muslim women of India.” Until now, gender equality was treated as a mere slogan. But now the matter has become equal. Now I will not have to live in an unknown fear after marriage. The rights, rights or rights which are with men, now the same will be with Muslim women.

Well, for the first time in the country, when there was talk of such a change in the law, under which there was a proposal to give women equal rights with men regarding property rights and the standard of living after divorce. That day, a question that swirled in my mind also slept with me that now Muslim women will also have the right to property after divorce and the standard of living after divorce, according to the Indian Constitution.

Slowly it came to pass. It is a matter of 25 December 2020, Christmas was being celebrated in the country. Some people also call this day a big day. It was a big day for me too. I was married to Yusuf Naki on this day. I was very happy Started cherishing the dreams of a lifetime. The fear of divorce, his voice had vanished from his mind. Meanwhile, a son was also born to me. After having a son, it was as if my family was complete.

Now the son was seven months old. December 2021 had arrived. Say marriage or nikah was about to complete the year. Suddenly one day Yusuf threw me out of the house in a mutual argument. left home. It is always told to the woman that you keep quiet, the neighbor will listen, be quiet otherwise what will happen to our honor. You keep quiet or else your house will be broken. These are the methods of patriarchy where thousands of excuses come up every day to silence women’s voices. I also kept quiet, thought no one but after a few days everything would be normal. We will be one again. But this was just my illusion because it did not happen for the next two to three months.

23 April 2022 This day was like a shock for me. On this day I got triple talaq notice. Suddenly, the debate of several years old newsroom buried in the mind intensified. With that headline of newspapers “triple talaq”, Muslim women stood in front of me and started asking me, “What is triple talaq?” When is this over? But when I read the talaq nama, I came to know that the law on “triple talaq” was made only on “talaq-e-biddat” and the notice I got is of “talaq-e-hasan”. You can also understand it in such a way that giving triple talaq at one time will not lead to divorce. But there are two other methods, one is Talaq-e-Ahsan and the other is Talaq-e-Hasan. In Talaq-e-Ahsan, talaq is given at an interval of three months. In ‘Talaq-e-Hasan’, once a month over a period of three months is called “talaq”. Talaq is formalized after saying ‘talaq’ for the third time in the third month.

When I got this notice of Talaq-e-Hasan, I reached the Supreme Court. Told the bench that the husband has sent a second notice of divorce. On this, Justice Ajay Rastogi said that you go to the registrar. Demand an early hearing from them. On his refusal, you can put your point before the bench.

But what happened! On 23rd June, 15 thousand rupees were sent to me and two thousand rupees to my son. That is, according to Shariat, the cost of my life is 15 thousand rupees and two thousand rupees for the upbringing of the child were sent to me by my husband Yusuf that if I got divorced, hold your price, talk over, end the relationship.

I am standing there today, at the exact same juncture where Saira Bano stood with two children seven years ago. Or understand that I am also standing at the same crossroads where Shah Bano stood in 1985. Today I feel alone in the same place. After all, where is the law in which I had heard that triple talaq would be a non-bailable offence? That is, the accused will not get bail from the police station? After hearing the side of the victim’s wife, only the magistrate will be able to grant bail on the basis of valid reasons? They will also have the right to maintain the marriage by reconciliation between the husband and wife. Will the accused have to pay maintenance for the children as well?

Will the court be able to hear my voice too? Will I get man too? Why is my sky dumb today, what is my crime? I want my rights not from Shariat but from law? Or stop saying that triple talaq has ended, the law has come on “triple talaq”.

BY- Benazir Hina (Talaq-e-Hasan Victim)

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