New Delhi: The government move to bring in a legislation in the winter session of Parliament providing for three years of jail term for those giving instant triple talaq has evoked objections from some Muslim leaders.Veteran civil servant Dr Syed Zafar Mehmud, who was also OSD to the Sachar Committee set up to report on the social, economic and educational backwardness of Muslims, said it would have been better if the government had consulted a cross section of community leaders in the drafting of the law.
Dr SQR Ilyas, a member of the Muslim Personal Law Board said the government had violated the existing tradition of consulting Muslim Ulemas while drafting a personal law.About three months back, the Supreme Court had declared the practice of triple talaq in one go as illegal and against the tenets of Islam, following which the Centre had set up a group of ministers to draft a law to give effect to the apex court’s order.
The contours of the Bill were finalised after the discussion by the Group of Minister which included Home Minister Rajnath Singh, Finance Minister Arun Jaitley, External Affairs Minister Sushma Swaraj and Law Minister Ravi Shankar Prasad.Under the proposed law giving instant talaq will be a non-bailable and cognisable offence and it can attract a jail term of three years and fine.
It will allow a woman who has been given instant triple talaq to move court to seek “subsistence allowance” for herself and dependent children, as well as custody of minor children.The law Muslim Women (Protection of Rights on Marriage ) applies to instant triple talaq in “oral, written, electronic or any other form”. Any declaration of talaq-e-biddat by a Muslim man shall be “illegal and void”, says the draft law.
Dr Mehmud said though he was totally against the practice of triple talaq,which was absolutely unislamic, but he was against the government going for changes in the law without consultation with the community.
‘’There are so many practices in the Hindu community which are against tenets of democracy and human rights, which should also be addressed by the government,’’ he said. Dr Iyas said so far only three major laws relating to Muslims had been passed —The Muslim Personal Law (Shariat) Application Act, 1937, Dissolution of Muslim Marriage Act 1939 and The Muslim Women (Protection of Rights on Divorce) 1986, in the drafting of all of which, the Muslim community was involved all through.(UNI)