Statement against All India Muslim Personal Law Board’s affidavit claiming triple talaq is Islamic
We, as part of women’s movement and practising feminists working with Muslim community and the women of the community for years in India, take the liberty to write this statement condemning the recent affidavit posed by All India Muslim Personal Law Board.
The facts of this affidavit are,- first, abolition of triple talaq is (un)Quaranic; second, since women lack decision making abilities, it is only men of the community who should have this right; third, polygamy is Islamic though not promoted and this practice ensures marital rights for Muslim women, banning of which will tantamount to promiscuous sexual practices or murder of women in hands of their husbands; fourth, the honorable Supreme Court of India has no right to intervene in the religious law of the community. The occasion of this statement issued by the organization is the growing numbers of Muslim women’s petitions challenging the constitutionality of triple talaq in the apex court.
We strongly condemn this statement based on all the four premises issued by the organization. First, whether the practice of unilateral triple talaq is validated by religion or not is not our contention, rather it is gender discriminatory and epitomises patriarchal values and therefore must be abolished should be emphasized.
Second, the belief that women lack decision making qualities dilutes the citizenship rights of Muslim women in India who have been exercising their electoral rights for more than sixty years now.
Third, polygamy ensures marital rights for Muslim women and prevents death threats; and its erasure will increase promiscuous sexuality is not only conservative but also challenges the principle of ‘equality’ enshrined by our Indian Constitution for women who are being treated as second class citizens as compared to their male counterparts of the community.
Fourth, that Supreme Court cannot intervene in the personal law eliminates the possibility of Article 14 which promises equal rights to the citizens within Indian territory across religion, race, caste, sex, or place of birth.
It is no surprise that All India Muslim Personal Board has not progressed over the decades and reiterates the same position which reverberates the patriarchal conservative ideas of the community. However, we envision a gender just law for the community where women’s question of social security and rights promised by the Indian Constitution will be practised. We do not believe in progressive or regressive interpretation of religion or codification of Muslim Personal Law for we believe that in every community there are multiple realities of an identity, multiple practices of beliefs and pluralist envisions of family structure.
We therefore, emphasize on acknowledgement of women’s rights which are otherwise controlled in the name of religion, purity or chastity or even in the garb of ‘protecting’ women. This statement is not only an emphatic resistance to the religious organizations like All India Muslim Personal Law Board but also a call to reiterate feminist vision of gender just laws for Muslim women who are also rightfully Indian citizens.
– Hasina Khan, Roshni Rina, Geeta Thatra, Shirin Dalvi
On behalf of Bebaak Collective (Voices of the Fearless)
Contact details: [email protected]/ 9870162113
List of organizations, collectives, groups and individuals supporting the statement.Organizations supporting1. Forum Against Oppression of Women, Mumbai2. Awaaz-E-Niswaan, Bombay3. Khairun, Sameena, Manda Behen from Parwaaz Sansthan, Ahmedbad , Gujarat4. Sahiyar (Stree Sangathan) Team5. LABIA- A Queer Feminist LBT Collective6. Saheli Women’s Resource Centre, Delhi7. Pehchaan, Dedhradu8. Muhim, Farrukhabad9. Sparrow Mumbai10. Humsafar Support System, Lucknow11. Zehen Collective- An Intersectional Queer Feminist Collective, Mumbai12. Muslim Mahila Manch – Nagpur13. Naaz samaj Sevi Sanstha- bundelkhand , Madhya Pardesh14. Chattaterrpur mahila jagruti manch – bundelkhand , Madhya Pardesh15. Astitwa Muzaffernagar – Uttar Pardesh16. Welfare samaj sewi sanstha – Gwalior – MPList of scholars, writers, activists, theatre personality and individuals.17. Ayesha Kidwai, Jawaharlal Nehru University18. Uma Chakravarti, Historian19. Ritu Menon, editor and author of Unequal Citizens: A Study of Muslims Women in India20. Zoya Hasan, Jawaharlal Nehru University, Delhi author of Educating Muslim Girls: a comparison of five Indian cities21. Mary E John, Centre for Women’s Studies, Delhi22. Anjali Monteiro, Tata Institute of Social Sciences, Mumbai23. Janaki Nair, Jawaharlal Nehru University, Delhi24. Teesta Setalvad, activist, Mumbai25. Adv. Madhu Mehra, Partners for Law in Development, Delhi26. Masooma Ranalvi, activist campaigning against female genital mutilation27. Rahman Abbas, writer, Bombay28. Ritu Diwan, Centre for Study of Society and Secularism, Mumbai29. Adv. Jaya Sagade, Director, Women’s Study Centre, Pune30. Lata Singh, Jawaharlal Nehru University, Delhi31. Suneeta Dhar, Jagori, Delhi32. Rajarshi Dasgupta, Jawaharlal Nehru University, Delhi33. Geeta Seshu, journalist Bombay34. Sukla Sen, EKTA (Community for Communal Animity), Mumbai35. Ranu Jain, Tata Institute of Social Sciences, Mumbai36. Rituparna Borah, Nazariya, Delhi37. Anuradha Kapoor, Swayam, Kolkata38. Anandhi.S, Madras Institute of Development Studies, Chennai.39. Vahida Nainar40. Pushpa Achanta, Bangalore41. Monisha Behal, North East Network, Assam, Meghalaya and Nagaland42. Hozefa Ujjaini, Janvikas, Ahmadabad43. Madhu Bhusan44. Gabriele Dietrich, Madurai45. Kalyani Menon-Sen, Delhi46. Abha Bhaiya, Jagori, Delhi47. Thanksky Thekkekara, Ex. Additional Chief Secretary of Maharashtra48. Shubhada Deshmukh, Ahmi Amchaya Arogaya saathi – gadhchiroli,Nagpur49. Pyoli Swatija, Women against sexual violence and State repression50. Purwa Bharadwaj, activist51. Razia Patel, activist and writer, Pune52. Anwar Rajan, Pragtishil Bhartiya Muslim Andolan53. Pouruchisti Wadia, SNEHA , Mumbai54. Rohini Hesman, author, Bombay55. Adv. Kamayani Bali Mahabal56. Brinelle D’souza, Tata Institute of Social Sciences, Mumbai57. Nasreen Fazalbhoy58. A. Mangai, theatre person, Chennai59. Japleen Pasricha, Feminism in India60. Vimala Ramachandran61. Hussain Indorewala, Mumbai62. Saswati Ghosh, Professor, Kolkata63. Shakil Ahmad, Swaraj Abhiyan64. ShubhRaj Merchanta Chacko65. Lena Ghosh66. Johanna Lokhade67. A.K Dave68. Sohini Shoaib69. Reema K M70. Ansari Najmussaher71. Neetika Vishwanath72. Nandini Rao73. Aswathy Raveendran74. Juhi Jain75. Riddhima Sharma, FemPsitive76. Rubina Jasani77. Farrukh Saiyyeda Waris78. Gitanjali Joshua79. Nazia Akhtar80. Trupti Sethi81. Salim Saboowala82. Rajan Padwal83. Payal Agarwal84. Kaveri Dadhich85. Niti Saxena86. Neeraj Malik87. Javed Malick88. Anisha George, Research Scholar, Tiss, Mumbai89. Runu Chakrabarti90. Anuradha Pati91. Nimisha, Olakh, Vadodara92. Shewli Kumar, TISS, Mumbai93. Lakshmi Subhramanium94. Vaishali Gaikwad95. Sana Contractor96. Rafia Zaman97. Riddhima Sharma, Research Scholar, Jawaharlal Nehru University98. Priyanka Sisodiya99. Afreen Bano Khan100. Swarnima Bhattacharya101. Tarique Eqbal102. Deepra Dandekar103. Rajesh Umadevi104. Urvija Priyadarshini105. Ranjini Murthy106. Brandt, Zehen, Mumbai107. Pushpa Achanta108. Sandhya Mhatre109. Padma Velaskar110. Prof.Chhaya Dattar111. Adv. Lara Jaisani
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Any law of any religion which is gender discriminatory should be opposed. The Muslim law board, by upholding unilateral triple talasq’ , has shown it’s regressive stance. This is against Muslim women. So, their fundemental rights of equality must be protected and solidarity should be expressed with their struggles.