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Abolish the unilateral divorce process in Shariat law : Cricketer Mohammad Shami’s wife

Petition in Supreme Court against triple talaq. Court sent notice to the Union Government

New Delhi – Indian cricketer Mohammad Shami’s wife Hasin Jahan has filed a petition in the Supreme Court saying that she is aggrieved by Shariat law. She has opposed the provisions in the Shariat which grant unilateral talaq (Talaq-Ul-Hasan) and demanded its abolition. She also demanded that the procedure of triple talaq be brought under the Indian Penal Code.

She said that the provisions of the Shariat allow men to divorce their wives at will. The Chief Justice of Supreme Court Dhananjay Chandrachud has accepted this petition and has sent a notice in this regard to the Union Government. He also said that this petition will be heard together with the pending petitions related to ‘Talaq-E-Hasan’.

The petition states,

1. Muslim men decide to divorce women directly as per Shariat rules without giving any time for reconciliation, etc. Due to this, the decision of divorce is imposed on women without any discussion.

2. Section 2 under the Muslim Personal Law Board’s ‘Shariat Act – 1937’ is violative of the fundamental rights granted to citizens under Articles 14, 15, 21 and 25 of the Constitution of India. So, it should be declared unconstitutional.

3. There should be a uniform law regarding divorce without any discrimination on the basis of religion or gender.

Mohammad Shami had sent a divorce notice to his wife Hasin Jahan on 23rd July 2022. Both have been living apart for the last 4 years and Shami is giving her Rs 1.3 lakh per month as allowance. Both have a daughter, who lives with the wife.

Editorial Viewpoints

  • The injustice done to Muslim women through the bad practice of giving ‘talaq’ is a very serious matter than same-sex marriages and the public feels that the Court should give verdict in this matter as soon as possible.
  • Union Government should implement ‘Uniform Civil Code’ throughout the country to permanently solve such issues.
  • Why aren’t the progressives who shout in the name of women’s rights backing Mohammad Shami’s wife ? Or do they not value the rights of Muslim women ?

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