Muslim Board to Dissuade Divorces Among Indian Muslims
According to PTI news bulletin, the All India Muslim Personal Law Board (AIMPLB) has decided to hold seminars and discussions at various mosques to make people “aware of the ills of divorce”. Participants will be informed on how and when a Muslim can seek divorce and still be within the framework of the Quran. AIMPLB added “Talaq cannot
be justified neither from the Islamic point of view nor from the social point of view and all out efforts will be made to check this growing practice among the community members”.
The AIMPLB established in 1973 aims to protect and continue the practice of a separate set of laws (Shariah Laws) for the Muslim community in India. The main goal of this organization is to prevent the Indian government from enacting any laws that could resemble a “uniform civil code”. Through out history religious leaders and organizations have always tried to use religion and the religious books to impose certain values on society. The Catholic Church has used the Bible to prevent contraception, divorce and abortion. Discouraging Talak by indicating that it cannot be justified under the Sharia law is one such attempt.
People get divorces for various reasons. It is a fact that some people simply grow apart as the years go by. Others might have financial issues. Individuals also seek divorces because of abusive relationships, unhappiness in the marriage or compatibility issues. Divorce is a mechanism that society offers to end such relationships professionally with the concerns of the parties involved addressed within the legal framework. It also establishes how finances and visitation rights (if kids are involved) will take place once the divorce becomes final. So the law tends to make some sense of a very messy situation.
About 51% of marriages in America end in divorce. Unlike what many people believe getting a divorce in America is very difficult (except in a few states like Nevada) and can take up to 18 months or more in some cases. If the custody of the kids are disputed then the proceedings can last a few years. Still majority of the marriages end in divorce (this says a lot about the institution of marriage and its future than anything else). In most other Western countries marriage is a thing of the past. Couples prefer to stay together rather than get married. This offers them more flexibility.
Getting a divorce (unless under special cases) should never be made easy. I believe this not because of any religious reasons but because of practical reasons. In India marriage is a big investment and the people involved should take time and think hard about whether or not divorce is the only option. Marriage counseling and mandated “separation” phase should be involved before the divorce becomes final. Many American men think that divorce favors women (in most cases the women get the primary custody of the kids and men get visitation rights, women also get alimony and money for child support until the child reaches a certain age), These amounts are directly deducted from the paycheck of the men in many cases.
Society in India (particularly among the Muslim community) is very male dominated. Although many would disagree with this I think the religious laws and traditions are written by men for the benefit of man. Except in a few states like Kerala, there is a wide disparity between men and women when it comes to education, income, property rights and most importantly individual rights and privileges. In many cases married women (and their families) are abused, exploited and their lives are threatened. The only option left for them is divorce.
The AIMPLB’s effort to make it very difficult to get a divorce (by making it anti religious) will not make marriages work better. It is attaching a religious stigma to the concept of divorce. Many women who are in very difficult situations will now have to think hard between trying to getting a divorce and facing the wrath of these Imams and their supporters or stay in the marriage and continue to suffer. Religion and society in this case is not shaping progress but hindering it from happening.
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Category: Culture & Religion