Delhi bans to Islamic verbal divorce: up to three years in prison for the 'triple talaq'

Prime Minister Modi: "A gesture in favor of women". In case of separation, Muslims must support their wives financially. They will have custody of their children. Critics accuse the government of prejudices and fear for the religious freedom of minorities.

New Delhi (AsiaNews / Agencies) - The Indian parliament yesterday approved a law prohibiting the "triple talaq", the ancient Islamic practice to obtain "instant divorce" from a woman by repeating - verbally or in writing - the formula "I repudiate you, I repudiate you, I repudiate you". In addition to a prison sentence of up to three years and a fine, the provision will require Muslim men to financially support their wives, who will be given of child custody.

India has no uniform civil law for marriage, divorce and property. The Constitution allows the faithful of all faiths to use religious norms to govern these matters. The Bharatiya Janata Party (Bjp), a Hindu nationalist political group led by Prime Minister Narendra Modi, has long been pushing for a common code to be applied. The minorities oppose this, fearing that the party actually wants to erode their freedom of religion.

The new law raises the debate in the country on government interference in the life of religious communities: critics have long accused the BJP of having prejudices against the Islamic minority. The Modi administration has managed to ratify the legislation despite the strong resistance of various opposition parties and a previous failed attempt to move the bill to the upper house.

“An archaic and medieval practice has finally been confined to the dustbin of history,” Modi tweeted after the bill finally cleared the upper house. “Parliament abolishes Triple Talaq and corrects a historical wrong done to Muslim women. This is a victory of gender justice and will further equality in society. India rejoices today!”

The battle against Islamic verbal divorce is an initiative of Muslim women gathered in the  Bharatiya Muslim Mahila Andolan (Bmma) association. In 2016, Bmma decided to challenge the Muslim marriage system by presenting a petition to the Indian Supreme Court. With a ruling of August 2017, the judges called the practice "unconstitutional", but leaving the definition of the matter in the hands of Parliament.

Islam is the second major religious group in India: there are about 180 million Muslims and they represent just over 14% of the population. Some groups within the community claim that the triple talaq is wrong but that the practice should be reviewed by community leaders rather than by the government.