Ban 'Talaq, talaq, talaq'

I am a Muslim woman. I am a divorced Muslim woman. However, my journey from a romantic 'Qabool hai' in front of family and friends in what felt like a scene straight out of a Bollywood movie did not end in a terse thrashing of three words, 'Talaq, talaq, talaq' bellowed by an unreasonable, insensitive man. There were no scenes of me standing in silence as he hurled those words like abuses towards me. Neither was it done in the humiliating manner of a note, an email, text message or worse, a voice note. Not that I haven't heard it happen to others, reported on it, read about it and even cringed at the possibility of it happening to me.

But when I contemplated talaq, it was never a decision thrust on me arbitrarily. I was an equal voice in the process. Between my extremely-honourable former husband and me, the word talaq was never used – neither in singularity, nor in triplets. We spoke about our differences and came to a mutual decision even though a certain interpretation of Islamic law or Sharia practiced in large parts of India gave him an unfair advantage. He had the luxury of both options – mouthing 'Talaq, talaq, talaq' or taking the elaborate Islamic way of arbitration. He chose the latter. He chose the Islamic way. He chose the right way.

But Saira Banu's husband did not. As reported, he chose to subjugate her to the humiliation of receiving a note with three words written on it. Three words that meant her marriage was over; that she would not be allowed to enter her home; that her husband was not entitled to give her any maintenance and that she would probably have to fight for the custody of her two children. With three words, her husband had washed his hands off her, their marriage and any responsibility thereafter. No reasons. Just three words. With the possibility that if in due course of time he wanted the decision reversed, she could even be subjugated to nikah halala (wherein a Muslim man can remarry his divorced wife provided she marries another man, consummates that marriage and divorces him subsequently).

Saira has decided to fight it all in court – triple talaq, polygamy and nikah halala. In doing so, she has become the first Indian Muslim woman to question these medieval practices that go against the very spirit, essence and teachings of Islam. The Quran clearly explains the concept of divorce. The mere spitting out of three angry words is not enough to end a marriage. But the interpretation of Sharia law in India has divided it into Talaq-al-Sunnah, explained by the Prophet and the Quran as an elaborate process which gives the husband and wife time to try and reconcile their differences before taking the final step of annulling the marriage, and Talaq al Bid'dah, better known as triple talaq. Several Muslim clerics justify triple talaq interpreting the teachings of one of the Caliphs after the Prophet. But they choose to ignore the context. There are several instances of the same Caliph Omar punishing those who used triple talaq. Better still, there are instances from the Prophet's life that have documented his being upset over this arbitrary practice.

But the self-proclaimed messiahs of Indian Muslims – the All India Muslim Personal Law Board – have a convenient understanding of Islamic Law. One that favours men. The board lost no time in calling for a meeting and passing a resolution urging the prime minister to stop the Centre from interfering with Sharia. This resolution is laughable and tragic at the same time. The Centre cannot and must not give in to the muscle-flexing by a board that cares little for secular laws protecting women.

Muslim women in Morocco, Egypt, Iraq, Syria, Philippines, Kuwait and UAE do not live under the fear of triple talaq. Then why should Indian Muslim women have this sword hanging over their heads? Our Parliament has failed in the past to secure Muslim women. Our legislators have vacillated and given politics precedence over human rights. Muslim women are now asking the highest court in the country to intervene and save them.
If the Supreme Court rules in favour of Saira Banu, it would be upholding true Islamic values and not interfering with them. Divorce is not an easy transition. It is life-altering in every sense and every Muslim woman might not be as fortunate as me. It is time to ban triple talaq and those who defend it. From Shah Bano to Saira Banu, let misogyny not determine the course of women's rights.

This is not about religion. This is about dignity.

(Mahrukh Inayet is managing partner at Studio Talk – a media, production and research company. She is also former senior editor, Times Now, and roving editor, India Today TV. You can follow her on @mahrukhinayet)