Afreen Rehman, a woman living in India, was recovering from an accident when her husband sent her family a letter with the word “talaq” written three times. Their marriage was over under an Islamic practice which India just banned. Rehman’s case proves mixing religion and divorce has its detractors . . . and its fans.
Your Fast, Low-Cost Divorce
Rehman’s husband relied on an Islamic law that allows a husband to annul a marriage by uttering the word talaq—Arabic for “divorce”—three times. The practice is commonly known as “triple talaq,” or instant divorce.
India’s Parliament passed a bill to criminalize the triple talaq. A man who imposes an instant divorce on his wife faces up to three years in prison. Not surprisingly, women’s-rights activists, Islamic groups, and different political parties are divided on the issue.
Many Muslim women’s groups have demanded the change, saying that the tradition of instant divorce is detrimental to them. But conservative Islamic organizations say the government has no business getting involved in a religious practice. Others acknowledge the change is needed, but say that it comes at a time when Hindu nationalism is the dominant political movement in India.
Instant divorce is not mentioned in the Koran, which says that a couple chooses separation once they have made all possible efforts to resolve their differences. The custom is attributed to the hadith – the record of the traditions and sayings of Prophet Muhammad – which is held in high regard by Muslims.
After the bill’s passage, Indian Prime Minister Narendra Modi tweeted: “Parliament abolishes Triple Talaq and corrects a historic wrong done to Muslim women.”
Florida Mixing Religion and Divorce
I’ve written about the intersection of religion and divorce before. Religion, religious beliefs, and religious practices are not specific statutory factors in determining parental responsibility.
Nor are religion and religious practices areas in which a parent may be granted ultimate responsibility. Instead, the weight religion plays in custody disputes incubated over time in various cases.
For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a parenting plan, including a time-sharing schedule, the best interest of the child shall be the primary consideration.
In Florida, a determination of the best interests of the child is made by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family.
Clear as Tikka Masala
Rehmen’s case is not unique. There have been reported cases of Muslim men, such as Rehman’s husband, carrying out instant divorce through letters, text messages, emails, and WhatsApp messages — without providing alimony or financial support.
The government maintains that Muslim women are vulnerable both socially and financially because of an absence of reforms in the Muslim community. There is no official data on the prevalence of instant divorce in India.
But the passage of the Indian law also raises questions about whether the government should involve itself in what is essentially Muslim personal law. At issue is mixing religion and divorce. To account for a diverse population of different faiths, India’s constitution allows every religious group to formulate personal laws.
A Hindu would be allowed to follow Hindu rules for marriage; same for Christians, and a Muslim’s divorce comes under the purview of Muslim personal law.
The number of separated and abandoned women in India, at 2.3mm, is twice the number of divorced women. If the government were serious about women’s rights, some argue, it would introduce reforms across communities, rather than focusing on one religious practice pertaining to Muslims.
Opposition parties, as well as human-rights advocates, have condemned the practice of instant divorce, but say the ban feeds into the perceived marginalization of Muslims who feel threatened by recent attacks by Hindu vigilantes.
Some believe the legislation is a step toward replacing personal laws with a uniform civil code that would encompass all Indian citizens, irrespective of faith and also claim:
The bill takes away a chance at any reconciliation. Any man jailed because of the wife’s complaint will never opt for reconciliation. The bill leaves women penniless, children practically orphaned. If the man [is] imprisoned, how will he provide maintenance to his wife? The bill amounts to a state coercion.
The Atlantic article is here.