Triple Talaq Patriarchy not just a womens issue marriage no holy cow

From academic jargon, the word ‘patriarchy’ has come a long way in the Indian public sphere. But it has a long way to go yet

BS: Contrary to the impression one gets from the popular social media usage these days patriarchy is not simply a system of male-dominance over women. According to bell hooks, “Patriarchy has no gender”. Elsewhere she says, “Patriarchy is political-social system that insists that males are inherently dominating, superior to everything and everyone deemed weak, especially females, and endowed with the right to dominate and rule over the weak.”

Patriarchy is not just ‘women’s issues’

It is an entangled problem of power. It is a problem for all those that are deemed weak.

It is regrettable that many women’s right activists who critique patriarchy and root for gender justice among Muslims ignore the social and cultural impact of economic exclusion and exploitation of Muslims. While intersectionality of identities is important it is also equally, if not more, important to see the interlinkages of political and economic conditions. Advocates of women’s rights who also have a commitment to secularism face a dilemma – as do Muslim women who do not wish to align with Hindutva elements – lest they forfeit the security and right to dignity of the entire community.

It is more difficult to demand (and win) changes in economic relations that will make women’s lives better than to demand and win laws on violence against women. When we look at the actual use of these laws to bring the responsible to book and convict them, it is easy to understand why…Read Source: :Business Standard

Supreme Court sets aside instant triple talaq in split verdict

Judgment on triple talaq is historic, says Prime Minister Narendra Modi

 

The Supreme Court on Tuesday declared that the centuries-old practice of instant triple talaq among the Muslim community was unconstitutional.The five-judge Constitution bench presided over by Chief Justice J S Khehar delivered a split verdict 3:2 in three separate judgments. The order seeks to overturn the conventional belief that it is the community itself, not Parliament or courts, which should reform religious or personal law.

The majority (economy news)judges ruled that the divorce allowed for a Muslim man by pronouncing talaq (talaq-e-biddat) thrice violated the Constitutional provisions. In two separate judgments, they reviewed earlier laws and high court judgments to strike down triple talaq as unauthorised by the Quran, the holy book of Islam.

ALSO READ: Divorcing triple talaq

However, the chief justice, along with Justice Nazeer, was in a minority, upholding the practice of triple talaq as part of the personal law of the Muslims and, therefore, protected by Article 25 of the Constitution. Putting the onus on Parliament, the two dissenting members of the bench, in a 270-page judgment, urged the government to pass a law on the subject within six months; till then there would be an injunction on talaq. However, as it is merely a minority view, it has no authority.

Kamini Jaiswal, a senior advocate at the Supreme Court, while welcoming the overall decision of the apex court, has expressed disappointment on the minority verdict. “Allowing triple talaq on the grounds of Article 25, while leaving it open to the government to restrict it through legislation, seems counterproductive. Wouldn’t the making of any such law be hit by the very same fundamental right that was used to uphold it?” Jaiswal argued.

All political parties and leaders from minority communities welcomed the apex court order, including Kapil Sibal, the lawyer for the All India Muslim Personal Law Board (AIMPLB) which argued against judicial intervention in triple talaq. Sibal said, “We hail the judgment. It protects personal laws and at the same time deprecates the practice of triple talaq.”   (read full story)