Triple Talaq: ‘Poor and voiceless Muslim women can now go to court and seek justice’

NH: What is your reaction to the Supreme Court judgment on the Triple Talaq issue?

Arif Khan: I welcome the judgment not simply because I have been fighting against the practice of Triple Talaq since 1986. I am happy because this judgment will bring to an end the unjust divorce practice within the Muslim society. It was a crime against the poor and voiceless Muslim women.

You may recall that Triple Talaq controversy hit the limelight in 1986 when you resigned from the Union council of ministers when the Muslim Women Bill was introduced to annul Muslim women’s right to mainteinance. The judgment today must give personal satisfaction because you started the battle for change within the Muslim society!

Yes, it does. But I am glad for the hapless, poor and voiceless Muslim women who can now go to court and get justice. It gives me a great sense of satisfaction. It has, in that sense, brought a positive change within the Muslim society and needs to be welcomed.

You have often said that the government’s move to annul the Supreme Court judgment through the Muslim Women Bill in 1986 opened the flood gates of communalism. Do you still stick to your view?

Yes, I stand by my view on this issue even now. Look back and you realise how much fillip communal forces got in 1986 after the government introduced Muslim Women Bill to annul Muslim women’s right to alimony after divorce. It is just not by coincidence that Babri Masjid locks were opened in 1986 when the Muslim Women Bill was passed.

Arif bhai, can a judgment alone bring about reforms within the Muslim society?

True, only a judgment cannot transform an entire society. But it is, at least, a beginning, a positive step in the right direction. Muslim women now can knock on the courts’ doors and get justice. Is it not a positive change?

I was pointing towards the need for reforms at all levels within the Muslim society.

Please don’t forget that 2017 is not 1986. Things have changed so much and the Muslim society has changed over the years. Remember, Muslim Personal Law Board (MPLB) in 1986 said that Triple Talaq is as per sharia and no one can amend it. The same Personal Law Board now said in Supreme Court that Triple Talaq is “bad in shariah” and they would run a campaign to stop this practice. Is it not a change? So, reform will happen now.

How do you find the Supreme Court judgment strictly from the legal point of view? After all, you are not only a politician; you are a lawyer too who personally argued this case at the Supreme Court.

It is a highly commendable judgment on legal grounds too. Look, three major issues cropped up during arguments in this case.

First, MPLB itself told the court that Triple Talaq issue is beyond court arguments. Its stand was that only Parliament can take a view on this issue. The Supreme Court today has asked the Indian Parliament to frame a law in this matter within six months. So, Muslim Personal Law board got what it wanted.

Secondly, lots of petitioners and the government argued that Triple Talaq violates the fundamental rights of Muslim women simply because they are denied the right to say anything in the matter once a husband pronounces Triple Talaq. The judgment declares it unconstitutional on that ground only.

The third issue I raised and others too was that the practice of Triple Talaq is violative of Quranic verses on this matter. One of the judges today declared Triple Talaaq illegal on the ground that Quran does not permit it.

How happy are you today?

I am very happy because the judgment gives voice to voiceless Muslim women