Article 26 and law banning triple Talaq.

Triple Talaq has finally been prohibited under a punishment of 3 years of imprisonment. The parliament had enacted and President of India has enacted Muslim Women (Protection of Rights on Marriage) Bill, 2019.

Politician is a creature least troubled by truth and morality. If a certain vote bank believed that sky is red, a willing politician can try to convince the whole world that sky is red and those who see it as blue have some defect in eye.

Similar action is contemplated by some politicians in respect of triple Talaq.

They want to convince the world that it is violative of article 26 of the Constitution of India which is as under:

Article 26 in The Constitution Of India 1949

26. Freedom to manage religious affairs:

Subject to public order, morality and health, every religious denomination or any section thereof shall have the right

(a) to establish and maintain institutions for religious and charitable purposes;

(b) to manage its own affairs in matters of religion;

(c) to own and acquire movable and immovable property; and

(d) to administer such property in accordance with law

Note the words in bold fonts. The Liberty to practice religion is subject to morality among other thing.

Now it is admitted that Triple Talaq or talaq-e-biddat is a gunah or a sin in Islam. Some go on to say that it is haram.

Now what is a sin or prohibited in a religion, can be claimed to be a practice of religion?

False equivalence is being claimed with abandonment of a wife by a person of any religion. There is a material difference. It is called Halala or purification.

Once a wife has been divorced the husband and wife can not be together. If they want to unite the wife had to undergo the process of Halala which is no simple thing. She has to marry another person and have physical relations with that person without getting pregnant. Once a menstrual cycle completes after this marriage, the woman had to be divorced by same TT process. The person may or may not release his wife. Such marriage therefore has to be planned and supported by money. It is nothing short of prostitution.

Where is the equivalence?

Only in the mind of politician who has to seek votes from bigots who want to practice such savagery.

I do not believe any challenge to this law would sustain.

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