Divorce in the western world is a very tricky legal
procedure.
In certain states of the US if you are married under
10 years, the man gets to keep what he had prior to marriage (really beneficial for
'power' couples) and so does the woman without interfering into each other's purse, after
that it's 50/50.
In the 'lucky country' of Australia, you get the
pleasure of dealing with lawyers who hack into your estate where they can get
most of its value via a legal form of theft called the "legal system",
which then can use the proceedings of the sale of your home to pay for their children's vacation in France.
Over 2000 years ago we are told that Jesus
recognised the problems with lawyers via Luke 11:46 or 11:52 where it was apparently
said;
"Woe to you experts in the law, because you have taken
away the key to knowledge. You yourselves have not entered, and you have
hindered those who were entering."
Approximately 600 years later Muhammad was of a
similar train of thought, cutting out the 'middleman' and going straight to the
source for divorce, allowing for the man to divorce his wives via text, fax
email, Facebook or an app like Whatsapp.
It is done by a 'triple talaq', meaning all you have
to do is say (don't forget text, fax, email, or via an app) "talaq"
three times and you can call that woman your ex wife.
That can also be used a lesson to the other three to
clean up the dishes a bit more thoroughly after you eat.
Apparently some Muslim men get really cranky and
just can't be bothered with all that technology and just murder their wife.
Read the theage.com.au scribe's words from the 13th day of the
fifth month of year of our Lord, two thousand and sixteen under the headline
of:
Indian
Supreme Court to rule on end of 'triple talaq', instant divorce
Muslim men in India are allowed to divorce through "triple talaq" – a custom that involves saying the word talaq three times in succession. The divorce is instant and unilateral.
Rubina
Amin's husband divorced her, declaring she was no longer attractive to
him. Photo: Amrit Dhillon
It can be
done by text, fax, email, Facebook or Whatsapp. The provocation can be trivial,
such as putting on weight, greying or burning the dinner. Last month, the
husband of national level netball champion, Shumayala Javed, divorced her by
uttering talaq because she gave birth to a baby girl.
Given the sensitivity of the subject - the right to practise one's religion vs a woman's human rights as guaranteed under the Indian constitution - the five Supreme Court judges have been chosen carefully. Each one comes from a different faith: a Muslim, Hindu, Christian, Parsi and Sikh.
The hearing began on Thursday in response to several petitions filed by Muslim women challenging the practice. Instead of ruling on each individual petition, the Supreme Court decided to rule on the intrinsic legality of triple talaq.
No one knows how many Muslim men use triple talaq – it is very far from being the norm – but stories have increasingly appeared in recent years of women whose lives have been destroyed by this arbitrary and cruel way of ending a marriage.
The Bharatiya Muslim Mahila Andolan, a Muslim women's rights group which started the campaign to abolish the practice, said in 2015 that more than three quarters of the women who contacted it for help had been divorced in this way.
Muslim
woman pray at the Hazratbal Shrine in Srinagar, Kashmir. Photo: Getty
Images
Many are
left penniless and destitute, raising children with no support from their
former husbands.
Apart
from Muslim women's groups and individual women protesting against triple
talaq, the public mood in favour of banning it has been growing over the past
year. The ruling Bharatiya Janata Party has said that this sword that hangs
over a Muslim woman's head every day should go.
"It is a totally un-Koranic practice. It is an expression of patriarchy, not religion,'" said Noor Jehan, co-convener of the Andolan. "It is sanctioned not by scripture but by custom, and customs can be reformed."
A government committee set up in 2013 to look into women's status published a report in 2015 recommending a ban. It said the custom "makes wives extremely vulnerable and insecure regarding their marital status".
Activists of the Joint Movement Committee protest against triple talaq in New Delhi on Wednesday. Photo: Getty Images
By March, more than a million Muslims from across India had signed a petition supporting a ban.
But an influential organisation, the All India Muslim Personal Law Board, opposes the abolition of the instant divorce. In its petition to the Supreme Court, the Board argues that if Muslim men are denied triple talaq, they might murder their wives to get rid of them.
Implying that triple talaq was good for women, the Board said that if a man had to face the hassle of time-consuming and expensive legal proceedings to divorce his wife, "he may resort to illegal, criminal ways of murdering or burning her alive".
However, as the debate has intensified, some Muslim religious figures have come out in support of a ban, saying triple talaq is an aberration and it is time for the Muslim community itself to start reform by issuing divorce guidelines that protect women's rights.
