Triple talaq is not the best way but it happens: Asaduddin Owaisi

With a five-judge constitution bench of the Supreme Court set to begin hearings on the constitutional validity of triple talaq next month, the central government has issued a fresh submission before the apex court arguing that the practice, along with polygamy among Muslims, should be scrapped as it is not protected by fundamental rights to practise religion. All India Muslim Personal Law Board (AIMPLB) has argued that these practices are part of essential practice under the religion. Asaduddin Owaisi, President of All India Majlis-e-Ittehadul Muslimeen and member of AIMPLB, spoke to Rohit E David on the issue:

What is your response to the central government's affidavit in Supreme Court that triple talaq, nikah halala and polygamy ­ all part of Muslim personal law ­ should be struck down?

Now the matter is in the apex court and they will decide on May 11.The Muslim Personal Law Board has given their version. BJP is saying that other Muslim countries have abolished triple talaq, then why not us?
Well, this is not right. No, they haven't abolished it.

What is your opinion on triple talaq?

My opinion is the same as that of AIMPLB, which has told Muslims that this is not the way to divorce a when a Muslim marries a woman he pays a mahr (amount). At the time of marriage, let this condition be incorporated that if a Muslim man divorces a Muslim woman by triple talaq then he will have to pay her over and above that. This should apply to anyone who divorces a Muslim woman without any genuine reason (if you follow the Muslim personal law, there are 17 conditions wherein a divorce can be given).

Unfortunately, that's not the case in Hindu marriage law, where only seven conditions are given. If any of those 17 conditions are not met then a divorce can happen.

If any Muslim man without having any reason to divorce his wife does it, then the community must socially boycott such elements. Triple talaq is not the best way of divorcing a Muslim woman but talaq happens.

Is it right for a Muslim to have triple talaq?

If you don't want to get married according to Sharia one has the choice to get married under Special Marriages Act. If you have a nikah and tomorrow you say that you want a talaq, it is open for you to do that and the Muslim personal law applies to you.

How can Muslim women be protected under triple talaq?

How do we safeguard a woman from a man who without having any genuine reasons divorces a lady? Recently, it was reported that a Muslim man gave divorce to his pregnant wife because he thought he'll have a daughter. This man does not know Sharia. You cannot divorce a Muslim woman when she is pregnant. If a divorce happens, there is a Muslim Women (Protection of Rights on Divorce) Act of 1986. That section says, that if you do not want to use this Act use Section 125 of CrPC (Code of Criminal Procedure), order for maintenance of wives, and Section 128 of CrPc, for recovery of maintenance. Use it.

Do you feel that people who follow triple talaq should live under Sharia completely?

Can you do it in India? No, you can't.You cannot impose Sharia laws in a secular country.

Do you feel that the central government is trying to polarise the entire issue?

Whether it is cow, triple talaq, Uniform Civil Code, anti-Romeo squad, ghar wapsi ­ they are trying to polarise everything. They have failed in governance. They have not been able to provide jobs.

Do you feel that the entire debate on triple talaq is biased?

Yes. Why is it that only the Muslim divorce has become an issue? What about Hindu divorce? In the census of 2011, chart C-3 says there are 43.56 lakh Hindu women who outnumber Hindu married men. Now, this is possible either if they can be in bigamous relationships with Hindu men or of course if it can be proved that they are mostly married to non-Hindus. Why is there no debate on this?

What do you have to say about many Muslim women getting divorce through telegram, phone or mail?

On this, we have to go according to the 2002 Supreme Court judgment on Shamim Ara. In that case, the court clearly said that without reconciliation talaq doesn't happen.