India Bans Traditional Muslim 'Instant' Divorce
The Indian government has approved a measure to help enforce a top court decision on a centuries old Muslim custom. The approval came after the government failed to get Parliament to act on the decision.
A year ago, the high court ruled against the custom of triple "talaq." The court found that it was unlawful for Muslim men to end a marriage by simply saying a single word three times. It ruled this violated the constitutional rights of Muslim women.
Many of India's 170 million Muslims follow the Muslim Personal Law for family disputes. The laws include giving men permission to end their marriages by saying the Arabic word for divorce - "talaq" - three times. The word can be said anytime and anywhere, even as part of a telephone call or text message.
The government will have another six months to get parliament's approval for the new ordinance to become law. For now, Indian officials can use the measure to take legal action against suspects.
Law Minister Ravi Shankar Prasad said that nearly 22 countries, including Pakistan and Bangladesh, have banned the custom. He appealed to the opposition to approve the Muslim Women Protection of Rights on Marriage Bill.
India's Muslim Law Board had told the court that they did not like the custom, but it opposed any court interference in religious issues. The board's members asked that the subject of triple talaq be left to the Muslim community. But several Muslim activists condemned the position of the Law Board.
After the Supreme Court decision, Prime Minister Narendra Modi's government proposed a bill that would criminalize the custom. The bill was approved in December by the lower house of Parliament, where Modi's party has a majority. But it has yet to be approved by the upper house, where the opposition has the majority.
The main opposition Congress party is opposing the bill because of the three-year prison sentence for the offenders. It wants a less severe sentence. It also wants a parliamentary committee to discuss the issue to find a compromise.
In India, triple talaq has continued because of laws that give Muslims, Christians and Hindus permission to follow religious laws in marriage and other family issues.
While most Hindu personal laws have been changed over the years, Muslim laws have been left to religious leaders and are rarely changed.
I'm Susan Shand.
1.act on 按照...行事
In order for you to act on your objective, it must be actionable.
2.religious laws 宗教法律
Religion for most Jews meant doing many rituals and obeying complex religious laws.
3.top court 最高法院
The top court in the Bahamas, which has no bankruptcy law of its own, appointed provisional liquidators.
4.family disputes 家庭矛盾
Women are often traded to resolve family disputes or strengthen family bonds.
5.A year ago, the high court ruled against the custom of triple "talaq."
ruled against 否决；反对
The case, notorious in France, was finally closed two weeks ago when a court ruled against him.
The court ruled against her on Feb. 11. She filed an appeal two months later in Paris.
6.For now, Indian officials can use the measure to take legal action against suspects.
take legal action against 采取法律措施
Authorities will take legal action against those who ignore the ban.
Inspectors can take legal action against businesses that fail to meet standards.
印度政府批准了一项措施，帮助执行最高法院对一项有着数百年历史的穆斯林习俗的裁决 。此前，政府未能让议会就该裁决采取行动 。
一年前，高等法院否决了三声“塔拉克”的习俗 。法院认为，穆斯林男人只需说三次单词就结束婚姻是违法的 。高院裁定，该习俗侵犯了穆斯林女性的宪法权利 。
在印度1.7亿穆斯林中，许多人在家庭纠纷方面会遵循穆斯林个人法 。法律规定，男人可以说三次“talaq”（阿拉伯语意为离婚），以此宣布结束婚姻 。该词汇可在任何时间、任何地点使用，丈夫还可通过短信、电话等方式告知对方 。
政府还有6个月的时间来获得议会的批准，使新法令成为正式法律 。目前，印度官员可利用这一措施对嫌疑人采取法律行动 。
印度法律部长拉维·桑卡尔·普拉萨德（Ravi Shankar Prasad）表示，包括巴基斯坦和孟加拉国在内的近22个国家已经禁止这一习俗 。他呼吁反对派批准穆斯林妇女婚姻权利保护法案 。
印度穆斯林法律委员会告诉法庭，他们也很排斥这一习俗，但他们反对法庭干涉宗教事务 。委员会成员要求把“喊三声离婚”问题交由穆斯林社群决定 。不过，一些穆斯林活动人士谴责了该委员会的立场 。
在最高法院做出裁决后，印度总理莫迪领导的政府提出了一项将该习俗定罪的法案 。去年12月，该法案在印度议会下院获得通过，而莫迪所在政党在议会下院中占多数席位 。但该法案尚未获得上议院的批准，反对党在上议院占多数 。
主要的反对党国大党反对这项法案，因为罪犯要被判入狱服刑三年 。他们希望处罚能够相对缓和一些 。他们还希望有一个议会委员会来讨论这一问题，以找到一个妥协方案 。