By ABDUL HAFIZ LAKHANI:
Close on the heels of, The AIMPLB is scheduled to engage in a detailed discussion on Triple Talaq in a three-day long plenary starting February 9 till February 11 in Hyderabad. In a major move, the All India Muslim Personal Law Board (AIMPLB) is all set to introduce a new clause in its Model Nikahnama or marriage contract, where the groom will have to pledge in writing that he will not give instant divorce to his wife.
The board is expected finalize its roadmap on the protection of Muslim personal laws.
Let us see some near past about this controversy .AIMPLB and Ulemas are responsible for the humiliation of Indian Muslims. Supreme Court kept asking for alternate of triple talaq (a pre-Islamic practice). Instead of going with the suggestion that we will follow the Quran, the AIMPLB and Ulemas kept repeating the boycott method and fine method as remedy to eliminate triple talaq. They were delusional to think that Supreme Court will give the law enforcement rights (imposing fine/ boycott) to them. They were also wrong to think that Supreme Court will buy this argument that fine/ boycott will eliminate this abhorrent practice.
They were unaware of the gravity of the situation. They were thinking that Supreme Court will outlaw it but we will continue to practice it. People like Asaduddin Owaisi, Maulana Arshad Madni etc voiced this strategy, to counter a potentially adverse judgment on instant triple talaq. It never crossed their mind that judges can foresee the problem in banning something without an alternate. This is why Judges kept asking for an alternate from AIMPLB and Ulemas. Helplessness, incompetence or regressive mentality (or all of it) came in the way of them taking a position which is consistent with Quran.
Net result is that now the RSS will frame the divorce laws for Muslims. Given the prevailing political scenario, they can push anything in parliament. Any party opposing the laws will become Muslim only party. Large scale protests will only give them opportunity to hurt us more, both physically and mentally. Resultant polarisation would improve their chances of victory in 2019, even with the bad economy.
in light of the verdict and the law that will be made by Parliament, the Muslim community in India will have to think of WHAT WAS ACHIEVED by it’s stand in the Shah Bano case and the subsequent Muslim Women (Protection of Rights on Divorce) Act, 1986. All that the community aggressively fought for, is lost. That act is now history.
In contrast, look at WHAT WAS LOST. The chain of events caused by the Muslim mobilization after the Shah Bano judgement are for all to see. A Hindu mobilization, the like of which never seen took place. The argument was that if Muslims can cause a SC judgement to be overturned for their religious feelings, Hindus can equally demand changes to the law of the land, for their religious feelings.
The Hindu consolidation became possible only due to the Muslim mobilization. Rajiv Gandhi had to balance the appeasement of Muslims over Shah Bano with the appeasement of Hindus, and took steps that opened the Babri Masjid issue.
The support for Hindu identity based politics went up. The BJP went from 2 Lok sabha seats to 85. A Rath Yatra traversed the cow belt. From the early 90s BJP began winning states. In several states, it maintained successive unbeaten terms.
Later in the 90s, the BJP formed coalitions and came to power. Recently, the BJP became the world’s largest political party in terms of primary membership.And in a mere 30 years, the entire political space has been ceded to the right wing. President, VP, Prime Minister. As of today, BJP and it’s allies rule 18 states(19 if you add TN). 18 out of 28!
It may be that all these things would have happened anyway. And that the Muslims stand in Shah Bano did not contribute to this. Correlation and not causation. Maybe, but unlikely.In any case, hopefully our rehnumas/leaders learn from this and make choices that are more pragmatic. To be able to see beyond the immediate and to act accordingly is a key function of leadership.
Meanwhile, Modi government tries to pass the Muslim Women (Protection of Rights on Marriage) Bill, 2017,in RS too .
The Board has already said that anyone who practices instant triple talaq will face social boycott. Further, to put an end to this practice, we propose to add another clause in the ‘Model Nikahnama’ where the man will pledge not to give instant triple talaq. This amendment will reduce the number of triple talaq cases.”
Asari added, “Also, the community will be more aware of the issue and understand that instant triple talaq is against Islam and the law of the country. The final decision on this will however be taken in the meeting.”
The move aimed to curb the practice of the now illegal instant divorce, comes at a crucial time when the BJP-led central government is making all efforts to pass the Triple Talaq Bill in Rajya Sabha. The proposed Bill criminalizes triple talaq with a jail term of three years.
On February 9, executive members of AIMPLB will attend a meeting to decide on its agenda and on February 10 and 11, full day sessions with over 600 Muslim scholars from across the country will be held to deliberate on the issue.
“The two main agenda of the meetings are to discuss the Triple Talaq Bill and the Babri Masjid case, which is scheduled for hearing in the Supreme Court starting February 8. It’s a very crucial meeting in view of the issues concerning the Muslim community,” Rahimuddin Ansari added.
During the three-day session, the Board will review the action taken by the Parliament on Triple Talaq Bill and take stock of the various cases related to Muslim personal laws that are pending in various courts. The Board will also take stock of the Babri Masjid case and plan its future action. They are also expected to take stock of the expenses being incurred due to the court procedures.
In the February meeting, AIMPLB will also discuss how to make effective use of social media to inform people about its activities and create awareness. The three-day plenary will conclude with a massive public meeting on February 11 at the AIMIM headquarters.