The women’s wing of the All India Muslim Personal Law Board claimed that the amended version of the Muslim Women (Protection of Rights on Marriage) Bill, which was passed by the Lok Sabha in 2018, was self-contradictory and contrary to many prevailing laws of the country.
Dr Asma Zehra, Chief Coordinator, Women’s Wing, AIMPLB while addressing a media conference, said Section 3 of the Bill voids the talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband while the Section 6 treated such women as separated.
Dr Zehra said that the Section 3 of the Bill said “any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal,” while Section 6 said, “Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate”.
She said that this meant that Section 6 recognised that the conjugal relations have been ended via talaq and therefore, custody of the children was given to women.
Dr Zehra also claimed that this was contrary to existing laws which authorized the magistrate to decide who would be suitable for custody of children between a litigating couple after considering the circumstances.
She asked how could a person provide an amount of allowance for his wife and dependent children during his confinement period in jail as about 70 percent of Muslims lived below the poverty line.
Dr Asma also claimed that the this Bill would break marriages rather than empowering women.
It was a direct blow to the family system and institution of marriage.
She also asserted that Muslim women across India should also oppose and condemn this kind of legislation. Additionally, she demanded that the Union government should refer the Bill to the Select Committee.
She expressed apprehension that Muslim women would be misled by mischief makers to lodge fake complaints against their husbands once this Bill was enacted into a law.
Prof. Jameelunnisa, Ms Tahniyat Ather (members of AIMPLB), former president Sharia Committee Dr Tahseen M. Ahmed, executive member Sharia Committee, Mrs Ruqayya Farzana, secretary, Muslim Women Development, Mrs Asma Nadeem, and others were also present.
The Rajya Sabha on Monday failed to initiate a discussion on the contentious Bill.
