How should the ideal Anti-triple-talaq Bill be
The Anti-Triple -Talaq Bill that wasn't passed at the Rajyasabha of the Indian Parliament had kept provision for sending Muslim men to jail for a period of maximum 3 years & questions had been raised that if the husband was sent to jail, how would the wife earn the livelihood for herself and children? If the husband is in jail, how would he take financial responsibility of his family?
With respect to this, I think, the law must consider different approaches of TT that Muslim men may take. And sending him to jail may be the last option as there may be several other more effective ways to get them restrained from practicing TT.
Let's see how many varieties of cases may there be.
1. The man utters TT out of excitement & later ignores it himself when excitement subsidies. He doesn't impose talaq on his wife. This is a harmless family problem & not a criminal case.
2. The husband utters TT and tries to force it upon his wife. This should be a cognizable, non-bailable offence. The wife should report it to the police & the police should intervene into the matter sending it forward to the court. The law may compel him to financially empower his wife by legally transferring a part, say 25%, of his earning, savings & properties in the name of his wife. However, if any third person enters between the altercations of the couple & tries to endorse the TT being practiced by the husband, the law should have strict provision to jail that third person immediately. The husband may be released thereafter.
When the man practices the illegal TT and inflicts pain & harassment upon his wife by forcing TT upon her, he must pay a price for that. That's, I think, rational.
If he seriously intends to divorce his wife after that, he may do it following the regular procedure as per legal provisions. However, even then, he would have to continue paying his ex-wife the required alimony which may be adjusted with the amount which he had already transferred to his wife on account of trying to impose the illegal TT.
3. However, if the man choses not to divorce his wife & still continues to stay with her but again utters TT for the second time & tries to impose talaq upon his wife, (i.e. if he is habitual in saying TT,) the law may compel him to transfer another 25% of his earning, savings & properties to his wife.
The man must take some considerable pain for inflicting pain upon his wife by issuing & trying to impose illegal TT to her.
He may seriously proceed to divorce his wife thereafter following the regular legal procedure if he so wishes. However, even then, he would have to continue paying his ex-wife the required alimony which would be adjusted with the amount already paid to his wife.
I mean to say that a man may be sent to the jail or correctional home, only as the last resort i.e. if he attempts to impose TT for the third time. Financial punishment may be a better option for both security of the wife as well as changing mindset of the husband. Gradually the husbands would learn that giving TT would not ensure talaq, but would only cause them financial loss. And they'll also gradually realize that if they have to take a decision of divorcing their wives, they'll have to do it based on strict legal grounds, not just on whims & fancies. I think, this is what we want.
However, in the cleric-dominated Muslim society, any third person entering between the altercations of the couple & trying to endorse the TT, should be jailed immediately.
This provision of financial punishment upto the extent of 25% would automatically also prevent Muslim women to misuse the law for harassing the husbands by raising false allegation against them as the maximum that the wife may derive out of such false allegation is just 25% of her husband's income, savings & properties. Her husband would lose almost nothing as he may always proceed to divorce such a fraudulent wife afterwards following the regular legal provisions & the 25% that he remitted would be in any case adjusted with the final alimony amount.
However, if a Muslim man marries four times & incidentally all four of his wives turn out to be fraudulent or if they unitedly decide to harass their husband, then the husband would have to remit 25% to each of his wives & thus end up losing 100% of his income, savings & properties & hence turning into a popper.
Thus this provision may also compel the Muslim men to think several times before they indulge into polygamy if they at all intend to do so. No separate law would be required for that.
With respect to this, I think, the law must consider different approaches of TT that Muslim men may take. And sending him to jail may be the last option as there may be several other more effective ways to get them restrained from practicing TT.
Let's see how many varieties of cases may there be.
1. The man utters TT out of excitement & later ignores it himself when excitement subsidies. He doesn't impose talaq on his wife. This is a harmless family problem & not a criminal case.
2. The husband utters TT and tries to force it upon his wife. This should be a cognizable, non-bailable offence. The wife should report it to the police & the police should intervene into the matter sending it forward to the court. The law may compel him to financially empower his wife by legally transferring a part, say 25%, of his earning, savings & properties in the name of his wife. However, if any third person enters between the altercations of the couple & tries to endorse the TT being practiced by the husband, the law should have strict provision to jail that third person immediately. The husband may be released thereafter.
When the man practices the illegal TT and inflicts pain & harassment upon his wife by forcing TT upon her, he must pay a price for that. That's, I think, rational.
If he seriously intends to divorce his wife after that, he may do it following the regular procedure as per legal provisions. However, even then, he would have to continue paying his ex-wife the required alimony which may be adjusted with the amount which he had already transferred to his wife on account of trying to impose the illegal TT.
3. However, if the man choses not to divorce his wife & still continues to stay with her but again utters TT for the second time & tries to impose talaq upon his wife, (i.e. if he is habitual in saying TT,) the law may compel him to transfer another 25% of his earning, savings & properties to his wife.
The man must take some considerable pain for inflicting pain upon his wife by issuing & trying to impose illegal TT to her.
He may seriously proceed to divorce his wife thereafter following the regular legal procedure if he so wishes. However, even then, he would have to continue paying his ex-wife the required alimony which would be adjusted with the amount already paid to his wife.
I mean to say that a man may be sent to the jail or correctional home, only as the last resort i.e. if he attempts to impose TT for the third time. Financial punishment may be a better option for both security of the wife as well as changing mindset of the husband. Gradually the husbands would learn that giving TT would not ensure talaq, but would only cause them financial loss. And they'll also gradually realize that if they have to take a decision of divorcing their wives, they'll have to do it based on strict legal grounds, not just on whims & fancies. I think, this is what we want.
However, in the cleric-dominated Muslim society, any third person entering between the altercations of the couple & trying to endorse the TT, should be jailed immediately.
This provision of financial punishment upto the extent of 25% would automatically also prevent Muslim women to misuse the law for harassing the husbands by raising false allegation against them as the maximum that the wife may derive out of such false allegation is just 25% of her husband's income, savings & properties. Her husband would lose almost nothing as he may always proceed to divorce such a fraudulent wife afterwards following the regular legal provisions & the 25% that he remitted would be in any case adjusted with the final alimony amount.
However, if a Muslim man marries four times & incidentally all four of his wives turn out to be fraudulent or if they unitedly decide to harass their husband, then the husband would have to remit 25% to each of his wives & thus end up losing 100% of his income, savings & properties & hence turning into a popper.
Thus this provision may also compel the Muslim men to think several times before they indulge into polygamy if they at all intend to do so. No separate law would be required for that.
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