2019 has witnessed some reforms centered around the Muslims of India. If Triple Talaq and Education & Haj Schemes lifted the spirits of the Muslim Community, Abrogation of Article 370, Ram Janmabhoomi – Babri Masjid Land Dispute, and Citizenship Amendment Act, 2019 may have balanced out the sentiments of the community. Let us dive deeper into how different policies, acts, and decisions shaped the outlook.
Crux of the Matter
Triple Talaq Criminalised Family Affairs of the Muslim Community of India are governed by Muslim Personal Law. Triple Talaq or Talaq-e-biddat is a practice pronounced in the Sharia Law. Muslim marriages permit divorce if either spouse announces ‘Talaq’ thrice. There have been contentious issues revolving around the time that ought to be given between each announcement, the right of Muslim women to pronounce Triple Talaq, and the responsibility of the financial security of the family. Historically, Ulamas – Muslim scholars – have held opposing views about it. Some modern-day Muslim scholars have said that despite being hollow on legal grounds, this law is binding. We must note that Triple Talaq is banned in Islamic countries like Pakistan, Saudi Arabia, etc. Supreme Court, in 2017, rendered the practice of Triple Talaq unconstitutional. 2 members, who opposed the ban on Triple Talaq, of the 5-judge bench had, however, recommended that the decision be passed as a law in the Parliament. On 26 July 2019, Muslim Women (Protection of Rights on Marriage) Bill was passed. It stated that “instant Triple Talaq” announced in whatever form – written, spoken or via Email or SMS, will be considered illegal and stand void. The husband, who announced it, could be imprisoned up to three years.
Muslim Women Protesting Triple Talaq Bill
This law, on the grounds of constitutionality and human rights, was hailed by Muslim women of India. Muslim Scholars and Incumbents also welcomed the government’s decision. AIMIM leader Asaduddin Owaisi objected to the imprisonment clause of the Bill and said that the Bill did not meet its primary objective of safeguarding women’s security, chiefly financial. The government stood their ground and said that the victimization of women would be reduced.
Abrogation of Article 370 Government of India scrapped Article 370 in the state of Jammu and Kashmir. Article 370 of the Indian Constitution allowed J&K to formulate its own laws for self-administration. J&K had its own Constitution. Owning of property, getting local government positions, and availing educational scholarships in the state by outsiders was prohibited.
In a state where 67% of the population is Muslim, a chill ran across the community with the abrogation of Article 370. Some Muslims were apprehensive that scrapping of the Act would invite a lot of outsiders to settle in the state and were of the opinion that their privilege was lost in an unconstitutional manner. Whereas, some Muslims praised the decision of the government and asserted that the discrimination against them will no longer exist and their children will have access to better education and economy. On a different note, the Indian government received criticism for the way in which the whole operation was carried out. Internet shutdown and curb on mobile and telephone services were major contentions for the government.
Do only Muslims live in Jammu and Kashmir? No Hindus? No Buddhists? Why is it viewed like that? It has been abrogated for veryone and not only for Muslims. – Amit Shah on abrogation of Article 370
Ayodhya Land Dispute The long-standing Ayodhya Land Verdict that divided Hindus and Muslims of India came in the year 2019 with the Supreme Court stating that the land would be given to Hindus for Ram temple construction and Muslims will get a 5-acre land at a different place to build a mosque. AIMIM leader Asaduddin Owaisi opposed the SC ordered and said, “There has been discrimination against Muslims and no one can deny it. We are fighting for our legal rights.”. Many Muslims were affirmative about upholding SC’s decision as it was based on evidence and rationale.
Citizenship Amendment Act Interpretation of the Citizenship Amendment Act, 2019 and the speculation of the National Register of Citizens by some has shaped apprehension that the process is a concentrated effort to drive out Muslims of the country. The Act now provides citizenship to illegal immigrants from certain religiously persecuted minorities.
I want to unequivocally assure my fellow Indians that CAA does not affect any citizen of India of any religion. No Indian has anything to worry regarding this Act. This Act is only for those who have faced years of persecution outside and have no other place to go except India. — Narendra Modi (@narendramodi) December 16, 2019
Ruling party BJP has time and again asserted that the law will not affect the citizens of India. Home Minster Amit Shah said, “In this Bill, there is no proposal to touch the citizenship of any Muslim,”.
Government Policies In the year 2019 BJP 2.0 has launched and revamped various policies for the upliftment of Muslims. In the Education sector, the government notified merit-cum-means, pre-matric, post-matric, and various other scholarships for minority communities that also include Muslims. The government also started trained more than 750 teachers from Madras so that they can also impart formal education. “Besides traditional teachings in Madrasa, Urdu, Arabic and other languages, Madrasa teachers are also being provided training for mainstream formal education like Hindi, Maths, English, Science, Computer, regional languages etc. These teachers are being provided training from reputed institutions of the country such as IIT, Aligarh Muslim University, Jamia Millia Islamia, Jamia Hamdard, Anjuman-e-Islam, Amity University and other reputed educational institutes,” said Union Minority Affairs Minister Mukhtar Abbas Naqvi.
Government also took interest in digitizing the entire Haj process so as to give the travelers a transparent process. India launched E-MASIHA, an acronym for E Medical Assistance System for Indian Pilgrims Abroad. It was a database of Indian pilgrims’ health conditions. A record-breaking 2 lakh Muslims had visited Haj in 2019.
Union Minister for Minority Affairs Mukhtar Abbas Naqvi signing Hajj Deal 2020
Waqf properties across India were also brought under digitization by the Indian government. Government has a target of geo-tagging as many as 6 lakh Waqf properties to ensure better utilization of them.
Curiopedia
Triple talaq, also known as talaq-e-biddat, instant divorce and talaq-e-mughallazah (irrevocable divorce), was a form of Islamic divorce which has been used by Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence. It allowed any Muslim man to legally divorce his wife by uttering the word talaq (the Arabic word for “divorce”) three times in oral, written or, more recently, electronic form. More Info
The Hajj is an annual Islamic pilgrimage to Mecca, Saudi Arabia, the holiest city for Muslims. It is a mandatory religious duty for Muslims that must be carried out at least once in their lifetime by all adult Muslims who are physically and financially capable of undertaking the journey, and can support their family during their absence. More Info
A waqf, also known as hubous or mortmain property, is an inalienable charitable endowment under Islamic law, which typically involves donating a building, plot of land or other assets for Muslim religious or charitable purposes with no intention of reclaiming the assets. The donated assets may be held by a charitable trust. The person making such dedication is known as waqif, a donor. More Info
Curated Coverage
Economic Times – Congress to oppose some provisions in triple talaq bill
Business Standard – Neither CAB nor abrogation of Article 370 anti-Muslim: Amit Shah
Al Jazeera – Kashmir special status explained: What are Articles 370 and 35A?
Press Information Bureau – 2019 Marked by Several Initiative for Welfare of Minorities
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