Bill 2017 on 3 Talaq; A Right Diagnosis but Wrong Treatment

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What one can say something out of nothing? Two opponents indulge in a discussion face to face to draw a conclusion about the power of two-digit number: 69; the one takes it as is where is, but the other one takes it as 96.

In reply to a question, a mountaineer was asked to explain his feelings about mountaineering. He says the feeling of being on a mountain is inexpressible. If someone is desirous of it, needs to be there.

Wrong diagnosis leads to wrong treatment of a patient. A medical reason behind speechlessness is not a sign of silence. It’s a disease and it should be taken as a disease particularly if the patient is literally not in a position to talk about his illness. And here comes the bitter irony: the attending medical practitioner happens to be a deaf.

In a dramatic situation like this, accuracy and competency of treatment is questionable.
Any marriage is graceful, respectful and a certified social practice anywhere in the world. The opposite of it is either separation or divorce. This is a universal fact and it is in practice legally in every civilized society of the world under lawful provisions. Merely by making law in the name of justice against a living practice like pronouncement of three talaq in our society is not going to be very productive in safeguarding women’s safety and security. Micro issues associated with a very large percentage of Muslim women in the country are not being addressed.

The foremost is the educational empowerment of Muslim women in their cultural milieu. Divorce is always a serious matter in any form. Mere facts and figures are not a solution. On the other hand, the civic authority and the society like ours can’t afford to overlook this menace of divorce. At the same time, underlying multifarious aspects of homogeneity, togetherness and sentiment of a community can’t be put at risk just for the sake of a law. Making of law for the sake of law is likely to be taken as a farce. We have scores of laws which come under this category and of course need no mentioning.

There are scores of underlying facts associated with a very strong institution like marriage. Unfortunately, they are in a very bad shape. A large number of Muslim men and women are educationally and intellectually deprived. Gender sensitization won’t affect much the mind sets of a weak section of our society. Their basic needs are out of their reach. Extraneous factors particularly at the physical and social level are not conducive to them. This brings their social and political status to another downfall. What shall the making of law do here?

The act of divorce is purely an individual’s choice and choice can’t be treated as an act of crime. Be it a conservative or free society, the mental agility and ability of an individual per se is his/her mental caliber under the influence of any prescribed guidelines or principle. This is the reason that the Constitution rightly embodies those aspects of socio-religious, cultural and political rights of Indian communities. We need not interfere in others affairs under the pretext of making a law based on sentiments of a community which sounds unethical. No law is personal neither it works personally. History reveals that political vendetta has always been harming the society rather than reshaping it. Preconception as an experiment is seriously fragile in nature and action. We need to have a comprehensive and purposeful diagnosis that supports and justifies the treatment.


Madani Mohiuddn Ahmad, King Saud University, Riyadh, KSA

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