No solid numbers for triple talaq, but divorce data show interesting trends

What sets Muslim women apart from other women is the stark disparity with the divorce rates for men of the community

Written by ZEESHAN SHAIKH | Mumbai | Published:May 5, 2017 12:55 am
talaq, triple talaq, abolish triple talaq, muslim talaq, muslim divorce, triple divorce, three talaq, narendra modi, mahoba UP, un islamic talaq, islam, BJP, uttar pradesh elections, mizoram special status, indian express news, india news, indian express column Census 2011 recorded 13.2 lakh divorcees in India, a number that activists feel is severely underreported. (Illustration: C R Sasikumar)

The Supreme Court will begin, from May 11, daily hearings on the legality of oral triple talaq. There’s no concrete data, however, on the number of Muslim women who have been divorced this way. Publicly available data suggest that despite their vulnerability to arbitrary divorce, the recorded divorce rate for Muslims is not the highest among all communities in India.

Census 2011 recorded 13.2 lakh divorcees in India, a number that activists feel is severely underreported. There are 9.09 lakh female divorcees, who make up 68% of the total divorced population.

The divorce rate — number of divorcees per 1,000 marriages — in India is 2.3. For men, the divorce rate is 1.58; for women, 3.10. The gap suggests that men who divorce tend to remarry faster than women.

Among women, the divorce rate is the highest for the Buddhist community (6.73 per 1,000 marriages), followed by Christians (5.67) and Muslims (5.63). ‘Other communities’ (4.91), Jains (3.04), Hindus (2.60) and Sikhs (2.56) follow.

However, what sets Muslim women apart from other women is the stark disparity with the divorce rates for men of the community. While Buddhist men have a divorce rate of 3.0 per 1,000 marriages and Christian men 2.92 per 1,000, for Muslim men it is 1.59 — almost three times lower than the rate for Muslim women.

This suggests Muslim men do not stay single for long, and tend to remarry far more quickly than Muslim women.

Interestingly, despite the high rate of divorce, the rate of couples living separately from each other is one of the lowest in the country for Muslims. The Census defines a ‘separated’ person as one who is married but doesn’t live with their spouse for reasons other than illness, work or school, and who has not obtained a divorce.

The rate of women who are separated in India stands at 8.09 for every 1,000 married women. For Muslims, it is 7.64. The highest is for Buddhists (14.46), followed by Christians (14.18), ‘Others’ (13.36), and Hindus (8).

Indians of different religious denominations and faiths are governed by their own sets of personal laws in respect of marriage, divorce, succession, etc. Divorce cases are settled under the Divorce Act, 1869 (4 of 1869); the Parsi Marriage and Divorce Act, 1936 (3 of 1936); the Dissolution of Muslim Marriages Act, 1939 (8 of 1939); the Special Marriage Act, 1954 (43 of 1954); and the Hindu Marriage Act, 1955.

For Muslims, divorces also take place under Sharia rules. While the various schools of Islamic jurisprudence prescribe different ways of dissolution of marriage, the most contentious has been the unilateral oral talaq, against which various groups, including a section of Muslim activists, have been protesting.

A survey, conducted by the Bhartiya Muslim Mahila Andolan, of 4,710 Muslim women from the economically weak strata of the community, found 525 women — 11.14% — were divorced. Of these women, as many as 408 — 78% — had been given unilateral divorce by their husbands.

The All India Muslim Personal Law Board, on the other hand, points out that the divorce rate is lower for Muslims than for other communities. The Board, which analysed numbers from family courts and Darul Qazas from 8 districts in Kerala, Maharashtra, Telangana and Andhra Pradesh found that the number of cases for Muslims was 1,307 as against 16,505 for Hindus.

The absence of concrete numbers of victims of unilateral triple talaq notwithstanding, community watchers say it is time to ensure broad justice for all sections of Muslims. “While empirical evidence does play a role in formulating policies, there is a definite need for course correction when you realise that a large chunk of your own people are suffering because of the rigidity of a few,” Dr Abdul Shaban, deputy director of Tata Institute of Social Sciences, and member of the Telangana government’s commission of inquiry into the socio-economic and educational status of Muslims, said.

For all the latest India News, download Indian Express App now

  1. E
    Employ Ment
    May 8, 2017 at 7:27 pm
    💲💲मुफ्त रोजगार योजना💲💲 ✔प्रधानमंत्री नरेन्द्र मोदी द्वारा डिजिटल इंडिया का पहला कदम अपने मोबाईल का उपयोग अब घर बैठे online work करके 15000 - 50000 कमाना चाहते है तो आइये DIGITAL INDIA से जुड़िये 💲सबका साथ सबका विकास💲 ➡शुरुवात कैसे करे ✔C.h.a.m.p`C.a.s.h को प्ले स्टोर से इन्स्टल करे, और साइन अप करे, $1 डॉलर बोनस स्पौन्सर ID: 468942 ➡चैलेंज को पूरा करे ➡और इंकम करनी शुरू करे 👇🏻इसे जरूर नोट कर ले👇🏻 स्पौन्सर ID: 468942 .......................... Ugvshhhdjdbci
    Reply
    1. V
      Vinayak Upadhyaya
      May 7, 2017 at 7:43 pm
      How many muslim women have registered their talaq to government authorities and their is a habit of muslim men to go remarry with young women even is more than 60 years old.
      Reply
      1. D
        deendayal lulla
        May 7, 2017 at 7:08 pm
        Children should not be used by the warring couples to settle scores with one another. Children of the estranged/divorced couples should enjoy the love,affection and access of the noncustodial parents.
        Reply
        1. R
          Ramesh
          May 7, 2017 at 2:43 pm
          the recorded divorce rate for Muslims is not the highest among all communities in India. The argument has no merit. The question is not the divorce but the manner of divorce. In other communities divorce is a drawn out legal procedure not a ten second " talak-talak-talak."
          Reply
          1. R
            Rasik
            May 7, 2017 at 11:13 am
            Why you are fidgeting after the husband death what is at hindhu religion saji means wife also die with husband ..please finish your pro lens with your religion after you people can correct muslims...is any of your gold told you to kill innocent people...?
            Reply
            1. A
              A
              May 7, 2017 at 12:15 am
              Misleading terminology.......ufffff Islamic Talaq is triple talaq , most of the times The issue is about triple talaq in one sitting is questanable
              Reply
              1. V
                Vikrant
                May 6, 2017 at 2:19 pm
                Defenders of jihadis wont talk about woman rights. Education makes no difference to their mindset. Anyone visiting masjids, sporting beards like arabs wearing skull caps is a give away to their jihadi mindset. Those who dont support these external give aways their silence or attempts to defend these medieval barbaric islamic laws opens the window towards their jihadi mindset
                Reply
                1. R
                  Rasik
                  May 7, 2017 at 11:20 am
                  Mr vikranth you are on wrong mindset..study islam...world educated western people are converting to Islam. I feel from your writing you are educated not like normal rss health.. kil innocent people raping woman on riots..continously make hate speech and writing against muslim ..
                  Reply
                2. D
                  dr md
                  May 5, 2017 at 9:08 pm
                  Tripple Talaque invented by mullahs of subcontinent has no relation with Islam. Talaque is rather a stage wise slow procedue in Islam, where women get advantage over men
                  Reply
                  1. K
                    kamath Ramesh
                    May 5, 2017 at 4:02 pm
                    What a stupid argument by SC? How can you get the divorce numbers when 99 divorce are not recorded nor contested due to misogynist practices in muslims. Very few brave have come out in the open but rest all have accepted it as their fate.
                    Reply
                    1. K
                      Kg
                      May 5, 2017 at 1:23 pm
                      Make a law that all Muslim MEN must undergo HALALA by Maulvi, equality for men and women!
                      Reply
                      1. S
                        safi
                        May 5, 2017 at 11:12 pm
                        As you said 99 of divorce case are not recorded nor contestested,so how come you got this record. Or is it a figment of your imagination to Justify the maligning of the Muslim community for political gains?
                        Reply
                      2. G
                        gogogo
                        May 5, 2017 at 1:18 pm
                        It is time Muslims join the mainstream.
                        Reply
                        1. R
                          Rasik
                          May 7, 2017 at 11:26 am
                          Mr go go you are right join mainstream give them good education give them good job..dont kill Innocent muslim poor traders..you are only worry about atlas?...look after freedom we get every riots. They kill.rape.loot..their wealth..
                          Reply
                        2. s
                          sri.s
                          May 5, 2017 at 10:49 am
                          When there is no alimony or maintenance provisions for wife & children of muslims and also the men have the super-power of 'triple talaq' how many muslim women would go for divorce? Even those who are given 'triple talaq' by husbands don't get a penny. Therefore the claim by muslim groups that divorce rate is lower is a hollow and mischievous claim. The so called 'intelligent' 'secular ' jurnos don't even ask that question. On the other hand they run false news [like ndtv /IE others did] on woman giving triple talaq. When the real fact is the woman to her complaint to police against her husband only expressed her wish to do so. The intention of the media to 'fool' the non-muslim public as if muslim women also can give 'triple talaq' so the 'issue' is a non-issue.
                          Reply
                          1. Z
                            zakir shaikh
                            May 5, 2017 at 11:32 am
                            Correct your poor knowledge brother they rights to get maintenance or alimony. And women also has right to give divorce Orally Unilaterally if this condition put during the Marriage "Nikah". Because marriage is a contract where both parties have to resolve it. "all the bhakhts trying impose UCC on all communities under their hidden Agenda of Hindu Rashtra by using​ Muslim women. Why women don't any "Penny" in Hindus in theirs father's property post Marriage unlike Muslim women where she has right to get share in her father's property? yourself Bhakhts... Why is it other communities have more divorced rates than Muslim ? Before giving Oral Triple Talaq both parties must follow Proper ways of Reconciliation by involving their parents.. guardian or heads or seniors of community or any other mediator. This is a way of Reconciliation which must be followed by both parties. We should check all those cases where this was not followed and why? AIMPL should take action against them.
                            Reply
                            1. s
                              sri.s
                              May 5, 2017 at 12:26 pm
                              You like most of the supporters of triple talaq only try to fool others because most don't care or follow your laws. Muslim women do have right to 'khula' but not triple talaq. If marriage is a contract [which muslim marriage is] how come that be broken by one side at his will? Then its a contract based on inequality. Right? Therefore there is a urgent need to bring equality. Btw, bringing up Hindus/their faith in every argument which you guys can't win or defend by logic has become cliche! Media, sicularist & mullas use it daily and its of no effect. FYI hindu women has equal rights over properties of her parents or husband. The muslim males are opposing because wife would get more & equal rights, no more marrying like changing shirts or giving talaq like throwing away old used packets. You guys are opposing because muslim sisters/wives will get equal share in properties of father/husbands. Thus the hegemony of muslim men & mullas will diminish to a large extent.
                              1. s
                                sri.s
                                May 5, 2017 at 12:53 pm
                                From dowry death to caste system all are there among muslims but you go on blame Hindus. How hard you may try you're still a hindu [Indian] to arab. That triple talaq in one sitting is wrong even according to your koran. The govt is also saying so. So where is the contradiction? Muslim men are giving triple talaq at their will at one go and mullas are forcing couple who want to reconcile to go through 'halala'. Isn't it inhuman and insulting and demeaning for a woman? India is run by cons ution and not by sharia. These kind of criminal acts must be banned and punishable under law. Those who wanted to live under sharia went to pak in 1947. In India you have to live as Indian first and whatever iden ies you have be it regional, uistic or religious have to come thereafter. You can't say when it comes minority rights I'll follow Indian cons ution but when it comes women's rights I'll follow sharia. You can't be choosy. Be Indian first & muslim later.
                                1. G
                                  gogogo
                                  May 5, 2017 at 1:19 pm
                                  Your backwardness in your minds is staggering. No wonder Muslims are the last in the queue.
                                  1. A
                                    autonomous
                                    May 5, 2017 at 2:10 pm
                                    No need of long debates, gov just implement uniform civil code,"i n d i a" is secular so every one should come under nations law no more special treatments.Live in secular & be in harmony.
                                    1. S
                                      Subspan Raman
                                      May 5, 2017 at 3:20 pm
                                      while other religions say marriages are made in heaven, you say it is a contract. A commodity to be sold and bought
                                      1. K
                                        kamath Ramesh
                                        May 5, 2017 at 4:13 pm
                                        Pls correct your facts. First, hindu women get equal share in ancestral property. Second, the divorce numbers are less in muslim because divorces are given verbally & no legal process is followed hence divorces are not do ented & recorded. In other religion every divorce has to be obtained legally as no party can re marry without legal divorce. Third, the process followed in muslims are not sound as not legal & not accountable. Hence it varies a lot. Thousands of cases of divorce given on telephone, whatsapp, while sleeping, while abroad etc are well known proving no sound practice is followed.
                                        1. T
                                          Tushar
                                          May 5, 2017 at 4:19 pm
                                          Oye subspan ...our country and its law itself says it's a contract ... Didnt u sign n that contract in registrar office or book ?/marriage certificate is issued only when u apply for it with that contract do ents 😛😛😛
                                          1. T
                                            Tushar
                                            May 5, 2017 at 4:23 pm
                                            Zakir Bhai .leave that bigot RSS chaddi ..he knew every thing what's right but he want to keep on saying the other way around what he is taught in a s shakha .. How much ever u try to make him understand the real thing .he wouldn't wish to listen to it ...Oye SRi Bhai Jo Muslim females are suffering from TTalqs ... Shane de Bhai y does ur as s. Pain so much in that😂😂😂. .... When I can't treat yj as a fellow human y this fake love ..nautanki kyu hai
                                            1. T
                                              Tushar
                                              May 5, 2017 at 4:26 pm
                                              Mr Sri S even 99.99 Muslims are against talaq n one sitting .. So y this cry baby 😀😀 .... Bade ayr pyar dikane wala.. S a l a through out the day u spread hate here and abuse the community and y this fake love now
                                            2. T
                                              Tushar
                                              May 5, 2017 at 4:10 pm
                                              You must be a anti Muslim Dude ..no issue it's ur choice .But u speak here without basic knowledge about the divorce law n Islam ..first one is Like Muslim. men has the right to divorce or do talaqs by their wish females too have same right to do so.If they dnt wish to live with a guy she can say talaqs in an interval.of particular period . Second ....a Man give gift during nikah which is called as meher which will be worth a huge amount. Only female has the right on it .She shouldn't have to give it back even after divorce .apart from that during divorce man has to pay a compensation in huge amount which is a single payment what will be enough for her to maintain her life until she marries another guy .... So in short ..alimony is given through down payment Not in EMI s
                                              Reply
                                              1. T
                                                Tushar
                                                May 5, 2017 at 4:17 pm
                                                Mr Sri it's u who started criticizing Muslim law. And the guy replied u with valid points .. And pointed out some shortcomings in hindu family rules too .But u lost ur temper on that .. Every religion has its shortcomings which can be modified to fit best to the time..and tripple talaq is not a 3 seconds process it has a long procedures .Even supreme. court itself says about "iddat " period .. What means a 3/months period which is allowed to seeking chances for. Patch up through counsel and to make sure that women is not carrying her husband's baby ... When court itself mentioned about it n law ..y so cry on 3/seconds tripple.talq
                                                Reply
                                              2. S
                                                Stanley McCormick
                                                May 5, 2017 at 10:05 am
                                                funny how muslims were claiming that divorce rates are lowest among the muslim community...perhaps they were using only the figures for men divorcees. that proves that statistics are not reliable at all and are rightly said to be like skirts which hide more than they reveal.
                                                Reply
                                                1. R
                                                  Rohini
                                                  May 5, 2017 at 9:41 am
                                                  Strange that numbers should matter at all when it comes to the unjust practice of triple atlas. One woman is one too many. And this deplorable and self defeatist tendency of the Muslims to compare themselves with Hindus at all times is going tp do them harm in the long run. The idea of divorce is to get out of a marriage that is not working, but in a just and equitable manner, fair to both. Triple talaq does not allow a fair divorce. The woman does not have equal triple talaq rights to a man, so she stays stuck in a marriage or is arbitrarily thrown out.other religions allow females and males to ask for divorce equally.
                                                  Reply
                                                  1. Z
                                                    zakir shaikh
                                                    May 5, 2017 at 11:43 am
                                                    If other religions allow women to give divorce so why Hindu Marriage Act 1955 was brought in ? Why the need of Special Marriage Act 1954? Because as per your other religion no concepts of giving divorced atall because Marriage is considered as "Pavitr Rishta" holly marriag once got married cannot give divorce it's like one way entry.
                                                    Reply
                                                    1. s
                                                      sri.s
                                                      May 5, 2017 at 1:01 pm
                                                      Yes it was before Hindu marriage act was passed. And the law before was equal for both male & female ie. husband & wife. None could give divorce other so no inequalities. Marriage is a 'Pavitra Rista' because its a special relation & it the base of the family which is in turn base of the civilised society.
                                                      1. G
                                                        gogogo
                                                        May 5, 2017 at 1:20 pm
                                                        I like Islam because it allows a man to have four women legally at any one time. Wonderful. there is never a shortage of fun. i envy you people.
                                                      2. T
                                                        Tushar
                                                        May 5, 2017 at 4:44 pm
                                                        In Islam.also females has right to divorce her husband rohini ji ... But here no muslim is showing tendency to compare them with hindus .its media news behenji... Blame them.for it
                                                        Reply
                                                      3. M
                                                        Moore Larry
                                                        May 5, 2017 at 9:31 am
                                                        Greeting from Kokilaben Hospital We are urgently in need of kidney donors for the sum of $450,000,00, contact Dr Larry Moore Call or What-sup for more details: Call: 919555536375 WhatsApp : 918147120429
                                                        Reply
                                                        1. Load More Comments