With new legislation being put in place, feminists find they are now divided over the new “instant divorce” criminalization
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Since the passing of a law that made it illegal for a Muslim man to divorce his wife by pronouncing the word “talaq” three times had been passed by the Indian parliament in July, it’s been the focus of an ongoing and often bitter argument.
The Muslim Women Act has been challenged by several religious organizations when view the law as being a disproportionate and political move against minorities. While this is true, the act has also caused a divide in opinion among Indian women’s organizations – particularly Muslim women’s groups. This new law is the outcome of a rather high-profile court case that was filed back in 2016 by a Muslim woman named Shayara Bano who was a victim of the talaq-i-biddat, also known as the “trible-talaq.”
Until that point, husbands had the right to instantly and unilaterally divorce their wives just by saying the “talaq” three times and this is an action that, until this point, was recognized by law. After a judgement in 2017 which made the talaq-i-biddat unconstitutional and invalid, and it instructed the government to legislate according to this ruling henceforth.
There has been a long series of arguments along the way, but the bill finally cleared and became law during the 2019 elections in India.
The problem with this decision is that there’s been quite a bit of controversy about this law since it has criminalized the practice called talaq-i-biddat, instead of confirming that divorces made in this manner are invalid. This means any husband who pronounces the triple-talaq – regardless of if it is done electronically, written down, or spoken – may face a three-year jail term and fines. Also, authorities have the right to make arrests without a warranty and bail is only given at the magistrate’s discretion. The law also applies retrospectively, dating back to September of 2018, which means anyone who was in this situation during that time can now file a claim with the police.
While getting a divorce isn’t as complex or wrought with strife as it is in countries, such as India, as illustrated below, there are several ongoing issues and challenges that both women and men going through the process must face. Due to legislation in the U.S. such as the equitable distribution of assets, and other like legal requirements, many individuals find the legal process cumbersome and tedious to get through, making a divorce more complicated and stressful than it already is.
Feminist groups still protect today regarding the unfair treatment many women receive when going through a divorce, especially in cases where they did not work or earn any income while married. According to experts, to ensure a fair process, one of the things anyone involved in the divorce process should do is to hire a legal professional, such as Jimenez Legal for assistance throughout. There are several legal issues that may arise and without help and guidance it’s challenging to achieve the desired outcome.
With the ruling in India, many wonder if people are going to take extreme methods to seek divorce or other means of separation beyond legal options. While this isn’t a prevalent issue in the U.S. it’s important to understand how divorce works around the world and see the benefit of legal intervention and assistance.
Contact Info:
Name: Antonio Jimenez
Email: Send Email
Organization: Jimenez Legal
Website: https://www.jimenezlegal.com/
Source URL: https://marketersmedia.com/feminists-divided-over-new-law-criminalizing-muslim-instant-divorce/88916529
Source: MarketersMEDIA
Release ID: 88916529
