Triple Talaq and Muslim Women : Critical Sociological Perspective
It is generally thought
that Islam treats women unfairly and gender justice is not possible within Islamic
law known as the Shari'ah law. This assertion is partly true and partly untrue.
True as far as the existing Shari'ah laws are concerned.
Untrue, as the existing
laws were codified during 2nd and 3rd centuries of Islam when the general perspective
of women's rights was quite different from today's perspective. The Qur'anic
verses which are quite fundamental to the Islamic law, were interpreted so as
to be in conformity with the views about gender rights prevailing then.
Divorce is looked upon
with great disfavour; not only this but that all means to effect reconciliation
must be exhausted before one resorts to this extreme measure. According to
Muslim law the contract of marriage can be dissolved either with the intervention
of court or without its intervention. By the judicial decree, the divorces can
be obtained either on the basis of the dissolution of Muslim Marriage Act of
‘1939' or on the basis of Muslim law. Without court's intervention,
marriage can be broken
either by husband at his will called talaq or by the mutual consent of husband
and wife called ‘khula’ or ‘kohl’ and divorce was condemned as the most reprehensible
of all things permitted. "Divorce without need is an act of folly, an
abuse of discretion and sheer ingratitude for blessing." ubarat’. ‘Triple
talaq’ has generated much
discussion and criticism
not only in the Muslim community but also among various sections of the
society. Several Islamic countries such as Eqypt, Iran, Jordan, Morocco, Temen
and Sudan have banned the instant Triple Talaq, as have neighbouring Pakistan
and Bangladesh. It is time for India to change and act.
| Common | |
| Author | Shabnam Khan |
| Binding | Hardcover |
| Edition | First |
| ISBN | 978-81-7132-887-1 |
| Language | English |
| Number Of Pages | 8+184 |
| Publication Year | 2021 |
| Publisher | Pointer Publishers |