KOCHI: Coming down heavily on the practice of ‘triple talaq’, the Kerala High Court on Friday said it was up to the Centre to consider formulating a codified law to govern Muslim divorce.
“It requires the ‘state’s intervention through legislation to regulate triple talaq in the country. Therefore, formulation of a law with regard to talaq is necessary,” held the court, and asked, “why the ‘state’ is so reluctant to reform the Muslim Divorce Law?”
“The need of a Uniform Civil Code, though it is debated at different levels, still remains a mirage for want of agreement among different groups. This essentially arises out of ‘misconceptions as to the secular law,” stated the court, and pointed out that the resistance from a small section of ‘Ulemas’ (scholars within the society) on the ground that ‘sheria’ was immutable would amount to negation of freedom of religion guaranteed under the Constitution.
“The court finds that the dilemma of Ulemas is the result of a ‘conjuncture of repugnancy’ of the divine and secular law. The ‘state’ also appears to be reluctant, on the assumption that reforms to religious practices would offend religious freedom,” stated the court, and issued the order while disposing of a batch of petitions filed in connection with triple talaq.
The court observed that the law of marriage in Islam was more than a contract, though it is performed through contract. “In Islam, justice is not a lopsided virtue that could be used by men to oppress women on their capricious whims and fancies. It is to be noted that the Quran does not approve ‘triple talaq in one utterance,’ but on the other hand promotes conciliation as the best method to resolve marital discord,” held the court.
The cases related to triple talaq only symptomizes the harsh realities encountered by women belonging to the Muslim community, especially of the lower strata. It is a reminder to the court that unless the plight of sufferers is alleviated through legislation by the ‘state,’ justice would be a distant dream for them.
The ‘state’ cannot shirk its responsibility by remaining a mute spectator to the malady suffered by Muslim women in the name of religion. Their inexorable quest for justice has broken all the covenants of the divine law, professed to denigrate the believer and faith.