The Supreme Court on Tuesday struck down the controversial Islamic divorce practice of instant triple talaq, terming it ‘arbitrary’ and violative of the tenets of Islam. The landmark judgment is the culmination of years of struggle by brave Muslim women who fought a patriarchal tradition rooted in inequality. On the day that triple talaq has finally been deemed illegal, meet the women who petitioned the court and led the struggle against the practice.
Shayara Bano and the Letter That Changed the Law
At the forefront of those who fought triple talaq is 36-year-old Shayara Bano. Shayara was among those who challenged the tradition in the Supreme Court. In October 2015, Shayara’s husband had divorced her through a mere letter that contained the words “talaq talaq talaq”. When she spoke to a local cleric about the letter, Shayara was told that the talaq was valid.
Her husband Rizwan Ahmed even took away their two children, 11-year-old Muskan and 13-year-old Irfan. Speaking to Hindustan Times, Shayara’s parents said that the emotional trauma led their daughter to have a mental breakdown.
Despite the setbacks, in February the following year, Shayara Bano filed a petition against triple talaq, nikah halala and polygamy in the apex court. It was based on her petition that the Centre filed an affidavit against triple talaq.
More recently, Shayara left her home in Uttarakhand’s Kashipur and has been on the move ever since to avoid ‘undue pressure’ on her. Her ex-husband even filed a case in court in Allahabad claiming that Shayra had not returned his family jewellery.
After the divorce, Ahmed sent a cheque of Rs 15,000 for iddat (period for waiting for a woman after divorce).
Determined to fight Ahmed and the tradition of triple talaq itself in court, Shayra’s family refused to encash the cheque he sent.
Ishrat Jahan and the Phone Call That Changed Her Life
In April 2015, Ishrat Jahan’s husband called from Dubai and uttered the words “talaq talaq talaq”. All it took to end a marriage of fifteen years was a hurried and abrupt phone call. Her husband Murtaza had allegedly married another woman and eventually even took away Ishrat’s four children.
Today, 30-year-old Ishrat, a resident of Howrah in West Bengal, demands maintenance from her ex-husband and the return of her children.
Gulshan Parveen and a Story of Defiance
In 2015, Gulshan Parveen of UP’s Rampur received news of her divorce through a notice on a Rs 10 stamp paper. Her son Ridan was two years old at the time. Both were rendered homeless. In the past, Parveen had also allegedly been subjected to domestic violence over dowry.
So when Parveen received the notice, she had had enough. She refused to accept the talaqnama, prompting her husband to approach a family court.
Aafreen Rehman and Her Abusive In-Laws
Aafreen Rehman’s marriage lasted only around a year, but the abuse she suffered in that time will stay with her. In 2014, she met her future husband through an online matrimonial site.
Two to three months after my marriage, my in-laws started mentally harassing me and demanding dowry. Later, they began beating me. Finally, in September 2015, they asked me to leave their house.Aafreen Rehman to news agency ANI
Aafreen received talaq through a letter sent via speed post. Refusing to bow down to a practice she considered grossly unfair, Aafreen filed a petition in the apex court against it.
Atiya Sabri and 'A Fight for the Daughters'
Atiya Sabri challenged her divorce in the Supreme Court in January this year. Atiya was married in 2012 and was recently divorced through a note on a piece of paper.
Atiya is a mother of two. Her daughters are three and four years old. She says her fight against triple talaq is for her daughters.
What a fight it has been. The heroes who led the charge had their lives shattered by the news. By one word, uttered thrice. Talaq. Today, the country’s top court has ruled in their favour. For them, and their daughters. For women, and society.
(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)