criminalising triple talaq and why it is anti muslim women: a thread

gonna break it down point by point

background history - two kinds of divorces in the sharia, the first one which is mentioned in the quran where the decision is made in a gap of three months allowing the partners to consider reconcilation, the second one is instant talaq

which finds no mention in the quran and was introduced by the caliphs because they thought the first one took too much time, and the instant talaq is done over any means of communication and even in the absence of the wife

the SC declaring instant talaq to be unconstitutional was absolutely necessary but what happened, was that the union went a step further and passes a bill that criminalised triple talaq, note that deeming something to be unconstitutional and criminalising it are not the same

following are the discrepancies in criminalising triple talaq -
1. the act makes triple talaq a non bailable and cognizable offence now what that means is - by cognizable that means the wife doesn't have to be the one reporting it, anybody who knows of it related to her can do so

are there chances that this can be exploited and reporting without the wife's consent can be grounds for false accusations? yes.
now on the non bailable part - it means bail won't be granted until the man is produced in front of the magistrate who will hear the case

and has to rule that there is absolutely no grounds for him being sentence, now where does the problem lies? well, according to the stats by the 2015 national crimes record bureau prison, Muslims, Dalits, and Adivasis constitute 55% of all under-trials.

these legal agencies have a history of being anti-minorities so is there a chance that this law can be misused arbitrarily by forces to put muslim men behind bars with malicious intent? turn them into soft targets even?

2. furthermore, if this act was indeed pro women, explain this, the husband gets convicted for triple talaq and he serves a sentence of three years, now most of the cases where triple talaq is practiced in predominant rural muslim areas with lower or no income

what happens to the wife and the children who have been dependent on the man when he ends up in prison for three years? what justice of feminism does it serve for these women when this act cuts off on their livelihood while they've been dependent on a man?

the Sachar Committee Report confirmed that the socio-economic conditions of muslims are worse than any community groups in India, now what happens when the majority of these women who are dependent on their husband have husbands put behind bars and have no way of paying for

the maintenance of the wife and the children? what motive does it serve when her livelihood is being cut down anyway? plus even after the sentence is served, what are the chances the man will be willing to stay with his family? and actually continue to stay married to her?

what we need to understand is that the women who had grievances from triple talaq wanted laws to protect their security and not rather than a law that absolved them of their marriage without their consent

this draconian law does nothing but act on making muslims easy targets to be detained while their spouses suffer as collateral damage in the name of their emancipation, at best, this act contributes to the isolation of muslims, and yes inclusive of muslim women.

oh ps - i have had extensive legal classes on this, way too many debates w my dad who's a lawyer when i used to be pro- triple talaq and enough readings on it, so if you're a non muslim / sanghi piece of trash, this isn't up for discussion