The majority of the judges nevertheless determined that “triple talaq” was actually “against the basic tenets of the Holy Quran,” and “what is bad in theology is bad in law as well.” According to the decision, the practice was in violation of Article 14 of India’s constitution, which guarantees the right to equality.
In Britain, abusive practices against Muslim women are still undertaken by Sharia Councils with impunity. In the West, the supposed dangers of multiculturalism are still regarded as more important than human rights. All Britain would need to do is enforce its own laws.
What supporters of this form of multiculturalism fail to realize — or refuse to acknowledge — is that the very existence of Sharia-compliant tribunals is not only a threat to modern justice, but necessarily abets the abuse of Muslim women, lack of equality, and the total lack of equal justice under law. In truth, justice is denied.
In a recent landmark ruling, India’s Supreme Court followed the lead of 22 Muslim countries — including Pakistan and Bangladesh — by outlawing the Islamic practice according to which a husband is able to divorce his wife instantly by uttering the word talaq (Arabic for “divorce”) three times — including by text or voice mail. The decision was not unanimous. A minority of the judges argued that banning “triple talaq” would be a violation of the Indian constitution, which protects religious freedom.
The majority of the judges nevertheless determined that “triple talaq” was actually “against the basic tenets of the Holy Quran,” and “what is bad in theology is bad in law as well.” According to the decision, the practice was in violation of Article 14 of India’s constitution, which guarantees the right to equality.
The verdict was the result of a petition filed by five Muslim women whose “triple talaq” divorces left them destitute, all because of undue powers bestowed upon their husbands by radical clerics. The verdict was an enormous relief to them, and other women like them across India. Its broader message, however, needs to serve as a road map. And a warning. In the West, the supposed dangers of multiculturalism are still regarded as more important than human rights.
In Britain, abusive practices against Muslim women are still undertaken by Sharia Councils with impunity. These practices include “triple talaq,” halala (a ritual enabling a divorced Muslim woman to remarry her husband only by first wedding someone else, consummating the union, and then being divorced by him) and iddah, a mandatory waiting period of three menstrual cycles before a divorced woman is allowed to remarry.
These Sharia Councils in the U.K. have been running unofficial parallel justice systems “everywhere in the country,” performing weddings and decreeing divorces according to the strictest interpretation of Islam.
In spite a liberal marriage contract issued in 2008 by the Muslim Institute, guaranteeing equal rights to British Muslim women (including the banning of forced marriages) — which was endorsed by the Muslim Council of Britain, the Islamic Sharia Council and other prominent Islamic groups — virtually nothing has changed. Britain’s Forced Marriage Unit reported 1,428 cases of forced marriages in 2016 alone. All Britain would need to do is enforce its own laws.