The joy of birth confers a human with the twin temporal coordinates of nationality and religion. A person may forsake religion to be an atheist but the nationality of a person is related to identity which maybe changed but cannot be discarded on the basis of faith or belief. Hence for every Indian irrespective of gender , caste, creed, community or religion the Constitution of India is the most sacred document alongside the religious edicts, books and traditions. Religion is intrinsically a matter of one’s personal faith, belief and manner of worship with the Creator, a matter of private dialogue with the Divine whereas the Constitution defines us as a Sovereign, Democratic, Republic, Secular and Socialist country where every citizen irrespective of religion or gender is conferred the right to equality, the right to live with dignity amongst a bundle of other fundamental rights which is also recognized in various United Nations charter and convention as basic inalienable rights of every human being, which are also Millennium Development Goals in which India is a participatory country. The misogynistic and anachronistic furore over banning of divorcing a Muslim wife by uttering/tweeting/posting on Facebook/other electronic/internet medium of communication triple talaaq in a single time space when juxtaposed against this holistic canvas is abhorrent and the every ethos of one’s moral compass oscillates away from human dignity and conscience. After all every person is first human then the other identities follow or maybe altered.
The Constitution of India in its Directive principles of State Policy speaks about Uniform Civil Code similar in manner to a Uniform Criminal Code. Islamic jurisprudence in matter of criminal penal code where a thief’s hands would be chopped off is never a matter of clamor or posturing nor made a matter of identity of religion or community whereas in matter of women’s rights, her protection, her dignity, her right to equality is depicted to have linkages to religious identity which is always a matter of one’s own personal conscience not the conscience of community leaders. In Islamic jurisprudence the sources of law are the Holy Quran, the Ahadis, Qiyas and Ijma meaning judgment according to consensus, which begs the query if triple talaaq by electronic means of communication which did not exist earlier can be accepted what prevents banning of the same by consensus a practice derogatory to women when as an Indian first it is a fundamental duty to renounce practices derogatory to women and one nation one law is to be a cherished goal a matter of participatory democracy of a nation of equals.
Writer: Dr. Nazrana Ahmed
Email id: [email protected]