The Supreme Court has given a historic decision on the issue of divorce (Triple Talaq) on Tuesday. The Supreme Court has said in its judgment that the divorce – Triple Talaq in the Muslim system is ‘invalid’, ‘illegal’ and ‘unconstitutional’. In this case the mention of former Union Minister Arif Mohammad Khan is necessary. 32 years ago, he raised a voice against Triple talaks and gave a speech against his own party in Parliament. His speech holds a historical significance and is often mentioned in this speech during the discussions of tradition and modernity in the Muslim community.
Why was this speech given?
Arif Mohammad Khan gave this speech when the debate over Shahbano case was spread all over the country. Arif was a minister from congress at the time was in Rajiv Gandhi’s government. He had opposed the government’s move on this issue and had fervently admired the decision of the Supreme Court. Let the Rajiv government overturn the decision of the Supreme Court. Arif also gave his resignation in protest of this move of the government.
Arif Mohammad Khan delivered this speech in the Lok Sabha on August 23, 1985 in protest of a non-governmental bill presented by M. Banawala. He started the speech of the first education minister of the country and the views of Maulana Azad Had mentioned.
Historical reciprocity given for opposing three divorces
Arif Mohammed said that the matter of divorce three times is not as accurate. The fact is that after three years of waiting for Mohammed Sahib, when three times a divorce was made valid, then the person who applied it was punished with 40 kodas.
Shahbano, a Muslim woman living in Indore, divorced her husband, Mohammed Khan in 1978. The mother of five children, Shah Bano, 62, fought a legal battle to get a living allowance and also won the case of paid allowance against her husband.
Not winning damages
Even after winning the case in the Supreme Court, Shah Bano could not get compensation from her husband. The All India Muslim Personal Law Board strongly opposed the Supreme Court’s decision in Shah Bano case. After this protest, in 1986, the government of Rajiv Gandhi passed the Muslim woman (Protection of Rights on Divorce) Act, 1986. Under this act, the husband who divorced Shahbano was freed from the liability of alimony.