"India is the only country in the world where triple talaq divorce is legal; even stricter Islamic countries have abolished it. The Koran specifies that a waiting period of one month is required between each utterance of "talaq" -- allowing tempers to cool and consequences to be considered."
By Erica Lee Nelson
NEW DELHI -- In India's Islamic family law codes, a man can divorce his wife via e-mail, or from another city without her knowledge. By simply saying "talaq" (the Arabic word for divorce) three times, he can end his marriage in seconds and kick his wife out the same day.
Being so simple, divorce can happen accidentally, as in Aftab Ansari's case. After a nasty marital fight, Mr. Ansari unknowingly muttered the word three times in his sleep. A waking nightmare followed.
His wife, Sohela, heard what was said. Knowing that he hadn't actually divorced her but upset nonetheless, she told a friend about it the next day. People in their village gossiped about it, and the matter soon reached local Islamic religious leaders. They decreed that divorce had taken place and tried to separate the couple by force, even though both husband and wife wished to remain together. When the couple defied the ruling, they were threatened.
The case is an extreme example of the tension building in India's pluralistic democracy over a delicate issue: Where does religious freedom end and the rule of law begin?
Having given Muslims the right to follow their own religious laws in the Shariat Application Act of 1937 (including polygamy and triple talaq), India's courts are now rethinking this delegation of authority. Meanwhile, among India's Muslims, women are becoming educated and starting to demand their rights from a grudging religious establishment.
Full story: http://www.wpherald.com/storyview.php?StoryID=20060603-012437-1363r
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