Sunday 21 January 2018

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) BILL, 2017: PART II


THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) BILL, 2017:  PART II

Hello every one,
Thank you for such a over whelming response to my blog on the aforesaid blog PART I. I got so many quires which I will be discussing here for all my readers.

Q1 Do you mean to say Triple Talaq is not an issue at in Muslim?
Ans:  No, I do not mean that. Triple talaq is no doubt an evil existing in the Muslim community. What I  mean to say by data is that this the part of some bigger issue that is abandonment of wives by husband through divorce or otherwise.  And that issue is to be projected like this one. If we really want women empowerment than this issue is need of an hour.
Q2 Do you mean to say no law is required for betterment of Muslim women?
Ans: Of course is required, no doubt in that. What I tried to say is this that this is not the right law which is needed. This law is a big dent institution of family in our society. We always aim to meditate issue between the spouse. But this law blurs that silver lining of preservation of marriage.
Q3 SO, explain what will be the better law?
Ans: I am just an academician and legislation is not my domain . Yet I am working on draft so some good model on the same. Right now I can give you just a broad idea that is  Muslim law of divorce is very clear and very well codified in Islamic law. We can give a legislative frame to that and in that we can declare that talaq-ul-biddat is  not any form of talaq. And will not have any legal effect of marriage and any person abandons their wife in consequence can me made punishable. I am working on it and will surely come for the model bill through my blog .
Q3 Are you a Muslim law activist or anti Modi ?
Ans :  I am an academician , I am not Muslim activist nor anti Modi. I write what  I feel right. I have written against Muslims legal thought upon same issue earlier you can very well check my earlier blogs.
Q4 Do we leave our Muslim sisters on their fates. They have already suffered a lot?
Ans: Rightly asked, no we should not  supreme court already in sayera bano has done some justice to them. Yes no doubt even after the judgement also we have so many reported cases of triple talaq. But we should remember that it is a social evil and can not be eradicated at once. Indeed Muslim community is taking steps to make people aware about it.  They have incorporated new clause in there nikha nama that talaq-ul-biddat is not valid form of talaq.

Q5 So you mean to say we should what till society change completely?
Ans: (laughing) No I do not mean that. But we all know good laws need through study present law is not the out come of good home work. We have seen in  vishaka case  it took time to draft a good law . We can see the issue of child marriage, we have law but maniac still exist in society. I just want that some law with effective results is required. Present law is going to create more problem than solutions
  



I will try in my future blog to draft model Muslim talaq law soon.

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